The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-06-23
Senate Bin in relation to patentees.


further Remedies 10 paientsss" should NOT become lac
by George W. Bsardsiss, Of Albany, ~ r.. ADDRESSED
10 Hon. X M. 4. Han.er, U. 5. Senate
ALBANY N Y, June II, 1852
SIR Although personally stranger 10 you YET am
Induced TO address you consequence OF the prominent
part you have taken in the discussion OF the bill in the
Senate purporng 10 be for the remedy OF patentees
which Is yet pending in that body and in consequences
OF your expressed desire for information, and my ndi.
vidual interest in the matter Under general tlle and
apparently Tor general purpose the bill is really for the
protection and security OF certain specualors who are
assgnees of Banchards patent for turning irregular
forms, and Of Woodworth's planning machine. The
former patent has already been renewed by the Patent
Office and by Congress for term OF ory,two years-the
latter Tor twenty eight years.
Senator Seward, who for number OF years has been
counsel for the owners OF the patents which this bill is
designed TO extend further remedies TO- cannot be stranger
TO the TACT that aside from his immediate clients be could
not obiain from his constituents hardly single voice
sanction his the floor OF the Senate in so warm
supporting The obnoxious features aUoed aoeN con-
ceate IN me Dill ~ question The practical operation oil
IT, and all the disastrous conseq uences in litigation and
loss OF property that his constituents would be doomed
to suffer from It's operation if sanctioned by Congress- he
well understands for he has been too long engaged 10
the prosecution Of suits in which questions were intro
duced that would arise under this bill not to know ts
operation II 10 be deeply regretted that any person
occupying The position that Senator Seward now does
representing constituency whose business interests are
10 be injuriousy affected by this bill than those OF
any other State 10 this Unon-shoud so far forget such
vast and important interests to lend his willing aid 10
these obnoxious He has received. as he has
avowed the floor of the Senate, retaining fees as
counsel from these very patentees and patent mana
gers who have, more than any other men, by the sub
stanal aid OF such counsel, hunted and crushed poor
but honest mechanics and inventors that dared TO plane
board or make last in machines that in way resem
bed those falsely called Banchards and Woodworih's
Alter having driven these by lengthy and expensive
litigation and exoblian exaclons to foreign territories
near 10 or adjoining the States, they pursue them
the land TO which they have been compelled to ee with
unreenng hand and would fitch from them the fruits
OF their toll and industry there they have done in every
State of this Union.
Some OF these very men, selected to be ruined under
The operation OF this obnoxious and unjust bill, were
once the strong personal friends OF Senator Seward bu,
have been driven from their homes, their property their
Just rights, and their country by lengthy and expensive
litigation, IN which he acted both counsel and witness
against them.
have stated the above facts for the purpose OF in.
ducng some caution in an implicit reliance the stale
nens OF men thus interested. In the debate 10 which
refer Mr. Seward is reported TO have alluded the
Blanchard patent and TO urge the passage OF the bill for
the purpose OF protecting and to said in answer
10 your objection, that Blanchard could not obtain
patent IN Engand but he Ioebore to state the true
OF his failure 10 obtain or sustain valid patent
there, if he ever made the attemp. The fact is, that
machines in all respects similar Blanchards were well
known and IN use in England for turning ships blocks
more than sixty years ago. they spoken OF by Ben
than in 1893, and were used in France long prior to the
patent; and therefore patent, II obtained Eng
would not be valid.
The object of the bill secure the speeuating
The mechanics OF the country in their unjust exorons
upon those who have purchased rights from the paeniees
These purchasers supposed and did the vendors at the
Time that they would enjoy the right of using the MAJ
chimes so long the palentee his representatives had
exclusive right by extension of the patent; and 40
Tue law when the extension is by the Patent Office
But when granted by Congress the have held that
an entire new property and right created and that
former purchaser derived benefit from such an
extension than any siranger-a result certainly not in
tended BY Congress, aud the effect OF misconcepon or
nadvertence.
But the specializing assgnees avaed themselves OF the
decision OF the courts 10 exact enormous sums from
those who already had machines in operation, and whose
situation placed them in the power OF the assgnees One
OF these cases occurred under WoodwoTths paentthat
OF Mr. Cook, who had purchased OF Woodwork the
right for Washington county, in this Stae-a district
lar IRON Canada-forever, and had machines opera
ton under the grant in that county So heavy were the
exactions demanded of him. under the congressional
grant, by Messrs Wilson and Gibson The assgnees of
Woodwork, that he could not submit TO them, and he
removed his machines into the province OF Canada The
iacis IN this case will be found by reference TO Cooks
petition add aitday before the Patent Committee OF
the House. and in his communications to the chairman oil
that committee and his statement will be verified by the
Hon. John IL Boyd representative from this Stale Iii
submitted whether justice requires Congress these
assignees with new powers 10 Cypress Mr. Cook and
others similarly situated, aud exort large sums in vo
aion OF the good faith and understanding when the pur
chases were made.
Another object OF these specializing asssnees is to
shut out all competition, far at least the supply OF
lumber IRON Canada IS concerned by paeniees OF other
machines, however dssimaT IN principle form. ln
stead OF prosecuting here in the United States the pat
enee or any one openly working any machines which
these persons represent as inrngements and testing the
question fairy and openly with men equal to the con-
ici, they prefer TO tall upon the importer oil the work OF
these machines in Canada and upoa the merchant or
factor who sells such work, upon the citizen who hap
pens TO the article thus imported These persons are
wholly ignorant OF The rights OF the coniending palen
tees, have interest 10 stimulate them TO engage in
most expensive and tedious litigation 10 defend the rights
OF others and have not the peeunary means 10 sustain
Fh
Justly anticipate easy victories IN such cases. armed BY
the passage OF the bill in question am myself in po-
stlon TO be seriously affected in that way / am the
paientee OF planning machine totally dissmlar in prn
cpis and IN mode OF operation from Wood worh's The
assgnees OF the latter endeavored TO obtain an Injunction
against me from the Hon Judge Nelson OF the Supreme
Court OF the United States. and signay failed They
have suit pending against me which they may never
bring 10 trial. il they do, quite confident OF udg
ment against them However that may be, they much
prefer prosecuting the mechanics and farmers who may
import purchase, lumber DIRE sed in Canada By one
OF my machines than coniending against me or course
Il would be impossible for me attend 10 The defence OF
thousand SUITS II notified Of their existence. The
inevitable consequence OF the passage OF the bill in
question would be TO give those gentlemen the entire mo
nop0ly oil planning all the lumber coming from Canada All
sawed lumber, dressed paned would be equally sub
Ject TO the operation OF The bill Now, il is almost nposs
bic Tor log 10 be sawed into boards plank Canada
by any known machinery used in mills, without using
something which has been patented in the United States
guides to gang saws modes OF feeding or popelng the
log against the saw; dogs for logs wafer whe. ella for
prortlling the macbneryall these and various other
conrvances and appliances in the process OF saving
lumber, which IN universal in Canada and in the
United States, covered by American patents There
seam Canada or here hut what con.