The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-06-17

the purchaser shall have title 10 it. In that case. tn
purchaser oFeits the whole, although he bonghl II nno
Gently But in this case alopt the great precautoI
of declaring that no shall be subjected 10 loss or IN
Jury in consequence OF buying this product unless he
shall be proved 10 have kaoga .aal I, was me PfopeL
prlved Now, when you bring this knowledge home tc
The individual, be conyicts himself OF fraud y he buys
the inhbi,ed article You only carry out the legal prn
cpIe thai person shall not by fraud acquire title 10 the
property OF his nelghboT
Bur the senator from Delaware seems 10 suppose iha
the remedy capable OF being abused-tha although II
is unquesiienabe lis nature, yet that it is capable OF
being abused Ii is capable OF being abused, because
il will be necessary for the person who seeks 10 prevent
another from purchasing these poductR give noce Ia
him thai they are the productions OF the patented
chine-the invention Nor can the case arise OF dis
pule between patents for the same article; because
take the precise the palentee must give notice, must
bring the knowledge OF the purchaser before he buys
the fact that certain products goods manufactured by
hS own machine IN foreiga country are on the way 10
be purchased by him, and prohib The purchase so that
he buys afterwards he must do so with the intention
OF evading that particular patent by encouraging the I'M
| laWiul use OF a machine made under IT.
But we are told by the honorable senator from Della.
ware that an injunction would reach the case and afford
sufficient remedy, An injunction only reach the
case BY assuming to prohibit in advance the very use
which The honorable senator objects shall not be ground
ot punishment with loss upon the inirlnger. II II be
right to eDjon merchant from purchasing these pro-
ducts Tor sale, Individual from purchasing them for
use then it is right provide, that without njunc-
l ilon fraudulent purchaser shall not be allowed 10
enjoy the benefit OF his fraud The resort TO an ninnc-
".
require the inventor 10 sue out an inuncionto 90 TO
vast expense to secure right which would be sufi.
clenlly secured by giving additional notice.
had this much 10 regard to the merits OF the
question generally But the honorable senator from Ar
kansas Mr. BcRLAND objects, that il The principle is a
sound one II ought to be extended as TO apply the
law to the iucton OF articles nanua acued in other
countries, well as IN countries contiguous My reply
this point shall be brief The principle is indeed the
same and II would be easy 10 extend il; but is not
necessary extend il foreign countries which are
IN
irngng upon patents by the oil American patents in
the production OF manufactures here for sale None OF
these countries send these articles for sale into this
try The only case which has come 10 our knowledge is
this case OF the use of American patents for the poduc-
on OF articles in British North America, contiguous 10
the United States.
The BILL then, is sufficient for the present purpose, and
for the present administration of justice is without
extending II further. On the other hand, senators repre-
sen,ng certain portions OF the United States object 10 lis
being extended further The case them stands thus Ii
is necessary TO give this extent has, and
We are content TO take without coniendng, Tor no other
purpose than merely 10 carry out abstract principle TO
unnecessary extent II seems 10 be anomaly to adopt
principle and conne II with local restrictions but the
anomaly may be easily explained. The manufactures
which have rendered this application 10 Congress neces
sary are all manufactures OF wood OF lumber, OF timber
These are not obtained in any foreign counyexcept the
British provinces contiguous TO The United Siates-so
cheapy, that, applying the patented machine IN those
oreign countries these products can be obtained 10
undersel those in country The article of lasts
Is The product OF such a machine Lumber IS obtained
cheapy IN Canada, directly across the Tiver which s ray
ersed by ferries al all times, during day and hight II u
seen al that commerce in that article will be ndis-
crimnae unless there is some remedy But there are no
last nakeTs IN England there are none III France, there
are none in Prussia, sending lasts here manufactured
there with our machines otherwise. 90 the con-
ary, 20 cheap are the products OF machines work
ing in wood, compared with those in Europe, that, with
out any patents whatever, do sell vast amount oi
such arelesa vast number OF wooden clocks, Tor in
stance-a over the continent oil Europe although we
have no bounty there, and pay duty upon them when
introduced there II will be seen then, hope that ihis
bill y light ~ lself that is necessary that nothing less
would be adequate that more than this is unnecessary
and that The constitutional obligation OF Congress requires
that we should pass it,
Mr. BUTLER | wish 10 acqu myself OF my duty 10
this bill and make few explanations The amendments
which have been made have been framed without my
knowledge, and OF do not feel responsible for
them. do however. in some measure, feel responsible
for the bill il originally from the hands OF the
committee. The great object OF the bill was 10 punish
fraudulent fabncaors and Illicit traders in the articles
made by such machine IN foreign country ecollect
the circumstances under which this bill framed in
the commee.room. gentleman came forward and
said that he had machine Tor making irregular forms
bootasls gun-socks, AK heves, and some other arti
cles OF that nature Well, was OF those inyen.
lions which showed that the inventor had been studying
upon this subject great while. lie had obtained a
patent Tor H. and Il was clear vested right which the
government bound to project, like any other vested
right. II was vested right which had been invaded in
this way Persons having examined into the structure OF
the machine 10 the United States would go into
Canada and make similar machine, throw of these
lasts and other useful articles OF irregular FORMS and then
they would be brought into the United States openly and
in violation of the rights OF the patentee The great OBJ
ect OF the bill was therefore, TO pu down this combna.
nation between these fraudulent machines and the fraud
uent vendors, by which these products brought in
competition with those OF the paentee II 10 put
down this species OF smuggling, in derogaton OF the
rights OF this inventor
Now, sir 10 the extent TO which the original bill went
am perfectly willing 10 CO. am willing that II should
contain this provision that all persons who shall sell
openly and knowingly IN violation OF the rights OF the
paenee articles made by machines in adjacent
Try, shall have these goods forfeited 1t is nothing but
right that IL should be and to that extent am will
hog TO go. But, sir, doubt very much, when you in.
troduce the principle which has been alluded 10 by the
senator from Delaware, tMr BAYARDl whether II does
not invade very delicate sublec-wbether il does not
introduce fruitful subject of Irrigation by reaching ndi.
viduals who may have made o. the fraudulent
producs II will give rise TO litigation, il will open a
broad held Tor IT, TO say that every individual who shall
have the article IN his use sha be subject TO laws OF this
kind am perfectly willing TO legisale upon this sab.
ect, though, perhaps with degtee OF caution. am
willing to limit II 10 fraudulent vendors who, in comb
nation with the foreign manufacturer OF the article, have
deauded the original patentee by entering into compe-
ton with bm and therefore, II the gentlemen who
especially interested in this bill will far modify as 10
strike out the word "use," will vote for il.
MIR BRADBURY. The honorable senator from South
Carolina, [Mr BurLER.l the chairman OF the commit
tee has stated very accurately, as he always does, the
circumstances under which this bill first framed
lie has stated that made apparent 10 the Judiciary
Committee that the existing patent laws inadequate
to prevent gross violations IN the principle Of paensa
that they do afford protection to the individuals hold
ing patent against those who manufacture the article on
the other side OF the line within Canadian territory Now
The object of the bill TO check that evil and the
nm -ftDuy n0 al