The daily union., 1852-10-02

Of Dt wells any opportunity TO be heard by the lips
! my honorable colleague or through my humble self
Now, Mr. President, have made fair proposition IL
refer the qaeson 10 dsnieresied men TO saw who sha
have this award-to say who is the discoverer aud
there are two DISCOVERIES. 10 decide upon their elatv
neTs or II there three 10 decide upon their relative
merits. and TO apporon the award according 10 ia slie
and according TO the equity of The case.
} Now desire TO ask OF honorable senators whehe
lhey are resolved that Dr. Morton shall have this
any how, right or wrong. hit miss. MY honorable col
league tells you, and all know, that Dr. Morton ONLY
peiends 10 have made this discovery in the fall OF 1916
while my colleague has testedand there is nothing Sc
up mere IN me presence OF the Senate 10 show that II i
not the iact--lhat this discovery made in Hartford
IN ms own immediate vicinity, in the fall of The yea
lsia do moi recoect whether my colleague says bt
saw II applied IN 1874 but so understood him, and il
! am wrong, hope he will correct
that All nsysy WI my COLLEAGUE allow me 10 say
Ter OF public nooriey that il discovered and have
seen the testimony OF all the principal physicians
then made and then introduced by DR. Wells and by
some that they introduced it, and made OF it, putting
patients into state OF nsensibty under The ampuation
OF limb, and in other surgical operations. 1t com
/ muncaed 70 medical journal in the city Of Boston in
the year ls45 That's what said
i MT. WALKER Will the senator permit me TO have
read portion OF The report OF the select committee OF
The House? L may give him some information.
!, Mr. SMITH With very great respect to the honora-
bic senator from Wisconsin, have TO say hshat il
he VIII bring 10 both reports, the report of the majority
and the report OF the minority and if he will bring in all
the papers here. stand ready have them read, and de-
/ Mr. WALKER. Will the senator allow me to ex
plain | will say that this select committee OF
1--we -Four out OF the five agreed upon the report |
caly lay il down that DR. Wells, after having pursued
this investigation failed that he attempted make the
discovery and failed TO make il, That the result
and his letter TO Dr. Morton followed upon that
| Mr.. BRODHEAD, wish TO make suggestion 10
my friend from Connecticut. | am with him upon this
question, and intend TO vote with him. But wonld
n ne aEa fho nf fhn Sana afa
upon the main proposition and then if that is not voted
down. he renew his amendment when the bill
| into the Senate,
Mr.. SMITH | most cheerfully and cordially en-
brace the suggestion OF my friend from Pennsy for
have no disposition TO ob'rude myself upon the SEN
ate do not speak for my own pleasure here but from
the pomptings OF my heart and from the duty which
owe TO the family Of DIR Wells. Perhaps have mani
tested too much feeling upon this subject For the pres
ent, | withdraw the amendment
i MIR. BRODHEAD asked for the yeas and nays upon
the original amendment; which were ordered
/ Mr.. SEWARD. must say a word, because the po-
sition whch hold in regard to this question renders a
personal explanation necessary DIR. Morton and his
friends at various periods during the session invited my
attention to this subject but under circumstances
IN which | could not go into investigation la
borious and 80 difficult as know that the examination
OF such question must be- and had heard nothing
from any quarter opposed to his professions, said to
him al last that II quite unnecessary for TO
cupy myself with the examination because already
predisposed in his favor. ! have to The con-
clusion, from what have heard in this debate, that il
gard opubc ustlceunsafe in regard to tbs promotion OF
the Cause OF scienceto give my favor of verdict
for this plaintiff for this discovery make this explanation
IN order that what may seem Inconsistency may be
fully understood on his part and the part OF those 10
whom what have heretofore said has become known
Now, Mr.. President have one or two words only 10
say upon the merits OF the application What has trans
pied here has proved sufficiently that engaged
ia OF The most difficult legal Investigations that
IN the courts OF justice In the whole range OF judicial
proceedings know OF no questions that attended with
so great difficulty as settling the claims OF inventors 10
The pnony OF an invention. Where was the question
upon patent If toe originality of the invention were
settled IN two days, four days, week, month
am sure that II the question properly comes before the
Senate at ALL IT does not come before II in the right way
nor at the right me-ceraIny not at the right time in
The last hours OF protraced session, and when the
minds OF senators embarrassed with thousand ha-
RAISING questions, excluding all power 10 devote Intense
abstract attention upon the question which is now IN
issue not in the night way for question grave as
an appropriation of 1000 from the public treasury is
worth separate and distinct investigation, upon dis
unct and separate bill. This is such bill; bu,
! 1t ~ bill which gathers in, and IS intended TO
gather IN only papable OF Indebtedness upon
| the government, and the necessary appropriations
Tor carrying on The ordinary administration of af-
fairs. Ii is not the right way in my judgment, for
another reason am no, prepared 10 ha, the cons,
luton OF the United States does not authorize the pro.
ceeiing which is before In sense, if this appro-
prlaon is pfedcaied upon a law, II may do Ii this
be regarded purchase by the government of the right
to use this nvenon-if that be it's true intent and char
aciet-,hen The question would be plain and simp
one bur the whole course OF this debate shows that
Such rs not the purpose the intent o hs act oil egs
aton, but that IL is, the other hand designed TO
ward inventor for discovery beneficial the country
at large and TO all mankind Now SIR the constitution
OF the United States provides that Congress shall have
power TO promoe-and | presume have power
to pay for Inventions except upon the principle OF pro.
moung-scence. The constitution confers upon Congress
the power to promote science, by securing to inventors
property 10 their inventions for limited oil years
Under that express power OF the constitution the Patent
Office is established, whose business it is discover who
the true and original inventors. system of proec
ton for property is excluded in the langua and spr
OF the constitution, by securing to them the Of then
inventions We have assumed IN regard 10 this one IN
yenor to exercise special and extraordinary legislation
We have assumed that the Patent Oftce and the patent
system Is incompetent TO reward the inventor, and thai
wrought 10 exercise extraordinary and special legsa-
i ton
Well. sir this, 10 my mind, raises two guesons-grave
Questions; the FIRST whether this claimant (Dr Mortonl
s The true original inventor That is question between
him and othes, and am satisfied that IL OF be inves
gaed sufficiently in this way, and under these circum.
stances. But ii any Congress shall undertake to settle
IT, II ought 10 be referred to special OCCASION and 10
committee, who shall take all the proofs and lay them AL
before US, and bung the attention OF the Senate to IT.
separate and distinct IRON all other questions and then
should be allowed sufficient time Tor the investga
ton But sir, this brings up another and still higher
leslon; for we may do individual injustice, and so.
/ clety may have further demand upon When | am
asked TO appropriate 500 The dseoverer Of ether
great beneiactor obliged to look back TO the his
tory OF the past, and TO inquire what other discoveries
have been made IN the history OF this country which were
beneficial 10 the country and useful TO mankind and how
they have been rewarded and to compare this discovery
i with discoveries that have preceded ~ and this reward
! with the reward which has been bestowed upon other