The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-06-23

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And is il 10 be supposed that the people and govern
ment oil canada will quietly submit to measures which
GU gu lwo-thlrds OF their trade Retaliation in OF
s worst forms VIII inevitably follow and as you very
usy remarked n the debate alluded TO- the honest and
lar paenees will be the first and greatest sufferers by
having the products OF their inventions excluded Such
consequences lightly regarded by the greedy specu
ialof VINO Is bent upon exoftion; but TO American
senator they OF the greatest Importance You will Der.
cee by adyeriing 10 the BILL thai the The
paentee to The importation OF products made wholly in
part by machines deemed infringemens OF sown " moi
pfolect the importer or party using the products Any
assignee pi the paenee may. notwithstanding such
sent prosecute and seize the products The remark made
by you IN debaie that il the principle OF this bill be cor
rect and paenees entitled to this kind OF protection
against inporiaons from adjacent provinces and coun-
ues near the United States, meaning probably the West
Indian Islands. they equally entitled 10 protection
against Impoatons from foreign countries generally
y IDLE 10 say mat this bill contemplates only mpora
IONS Oh bulky artcle-umber--which cannot well be
brought long distances the bill itself makes no such
discrimination, but applies TO all products OF all kinds OF
pa.enea inventions Nor can any good reason be given
why all patents and pateniees should be potec ed
Wen as some. Why should moi the inventors of ma.
chnefy 10 make iron spikes be protected against their
importation when manufactured BY piracal machine
70 England The facility and rapidly OF intercourse and
me cheapness OF freight already render these mpora
tons serious dminuons OF the sales OF the domestic
article Pass this bill, and the patentees and their as
signs OF machinery for the manufacturing OF iron in all
ls forms, for drawing and rolling bar and railroad ron
sheet iron, and STEEL the paentees of wool condenses
X
ing hemp and fax, OF machines for making cutlery. and
all other hardware shelf goods, will have Just right TO
insist on an equal measure OF protection, and il cannot
be refused without violation oil the principles OF The
constitution Now, when il is recollected that in add-
ton 10 the patents just enumerated, there is hardly
branch OF human industry that is not covered by some
American patent, real or pretended il will be perceived
At once that such law, general IN It's scope and appca
BILE to all counties, would annihaie The commerce OF
the United States, least abolish the duties and lay
an embargo on the impoatlons OF all manufactured ar
ticles; for have shown how futile would be the efforts
OF importers and consumers 10 contest the questions of
law and fact which must arise in each case, whether the
imported article was made in whole part "by pro-
ces, or machine or BY any substantial modification there
Of for which there was at the time subsis.ing patent
owned BY citizen OF the United States And the terms
Of tha bill, have shown preclude any other inqui.
ry and would render conviction certain.
Can such law pass an American Congress'
Most respectfully your iell2w e citizen and obedien
Hon. II NJ T. HusTEa, U. S. Senate
NATIONAL HOTEL
Washington, June 81, 1852.
Sir Since writing you from Albany on the 18th inst
| have received communication from citizen Of New
Haven, Connecticut, who has just completed and put in
cost OF over $4,000, in which he has great variety
OF machines built and sold to hin by aercaa paeaees
10 be operated al his mill and the products TO be imported
into tue New England States. II will readily be per-
ceved that The products OF these achines thus imported
may, II the bill in question is passed, be seized and
placed in the custody OF the marshall at the instance OF
me,is az any mr. ali ri tha savaraI na,eo, ,ght in S.
territory Of those States r"'e'' is'''' - "''S
SroyId aiso cali vour atlantic, "a ,ha al ~ f,n,,ros
granting the Ias eviens;on of Ranchara,s n,,aoI esa
Fehruarv n 1917 mi which nay he fo,ni 4; ,b oss
volume NJ me IIoiteJ States Sta,as AZ No., 600
The PROVISIONS in The act are not .nch as wonld sacn
ay secure The vested rigbis Of assgness noJsr ,b r
extension
The act extending The Woojworth paten Joes not con
tain any provisions securing such rights hui was an oh
soutp grant without reservation 10 the w
W. Woodworlh (See vol q II g Statn,es a, r ,rga
page 935)
There il another AMI more serio,s obisc,;o, n tba
passage of tins bill which il aopeas Ia me- mnsi bs fatal
TO IL You will 6nI On reference ,hersto a clsnsa IN
nearly ali the treaties OF commerce be The ITni,ad
States and other Countries snb.tani;sy liz he fI,u
ing which Il tak en- fron The ,reav Win Msxica ~ 49,;
S. Issl. (vol III s. Statutes al Large maze 40 mar,
OF art j confirmed and continued by treaty of Febuarv
., iSls-(vo. o 3D., page 935, art l73
aty,.. ,,, An $780,,
sa,e on The nn,,o no ~ an pa - "a ns respective
other Contracting party ,hsu those wbish are no ~ e
hereafter be- paid on the expectation OF the k. aicIe 10
any other foreign country shalt any prohibition be cs
tabshed on the exploration importation Of any articles
he produce grown OF m1naacaso Of the United States OF
Ameres Or Of the United Mexican s'ate respectively in
e.uel ~ 'he',' mca tah aoe "a axe mf"nr % f'a6htd
"'"N ''Ps'' 'ooiAsH 0ooNrRhs'
Would not this bill, by virtually prohibiting the i'm.
portaon oil articles the manufacture OF countries adj
joining and near 10 the Unei States conflict with these
existing treaties
Toe words, OF have in possession" in the BILL would
apply TO all articles IN possession without regard TO The
time when the were imported, Thus the sho
lasts and boot-ltees ~ the shops OF cobbers and