The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-06-17
CONGRESSIONAL.
DEFERRED DEBATE.
MONDAY, JUNE IA, 1859.

REMEDIES TO PATENTEEs.


to an amendment OF the patent laws, which we had
under consideration the otler day, want 10 gel il off Of
orr hands and think ii could be disposed OF now with
out much delay
The motion being agreed TO- the Senate proceeded as
~ committee OF the whole, to the consideration OF the
bill Is. 5l) giving further remedies TO palenees.
Mr. HALE asked for the reading Of the bill il had
been amended, and il was accordingly read
No further amendment being offered, the bill was then
reported 10 The Senate.
MIR. BORLAND. Mr. President before vote is taken
upon this bill, wish 10 say
The PRESIDENT. The vote will be taken upon the
amendments first. #.
The bill is still objectionable fully understand
The propreiy OF restricting s operation the territories
contiguous 10 the United States. do mol why we
should not extend these remedies to persons whose pa
tents should be violated in counties contiguous
the United States The communication, IL will be re.
mem bered, between the United States and England
pecally is rendered so convenient and speedy that
patent might be violated with almost equal facility
the Atlantic II the Canada line. did not
rise, however, 10 propose any amendment myself, bat 10
suggest that would be well 10 amend the bill, ii those
who il specially charge could extend The remedy
which tle bill proposes Tor the violation OF patents to
violations committed IN England or any other country.
whether contiguous 10 the United States or not. | can
reason for making such discrimination as exists
~ the present torn OF the bill
MIR UNDERWOOD Mr.. President | was induced
10 take some le part in bringing forward this BILL in
quence OF believing that II might possibly affect my
constituents | have secured such amendments to il,
that they cannot be touched unless they violate the law
therefore,, content win
having secured these privileges TO them and moi
anxious 10 extend these amendments o the patent laws
beyond what our northern brethren to ask for. II
they content who iacture these articles which
OF The South and do not ulaciure-lf they
are content with the bill in reference 10 Canada alone
DO not wish TO force upon them The extension OF the
privilege 10 Europe or 10 any other place ! do not
unhk II would be good policy 10 do II. am wiling TO
take this bill as il stands and those from the North who
have applied TO upon this subject willing 10 take
il as II stands; and viii mention argument in re-
tn friend Dell MIR RAyA I md
Then believe VIII take my seat, and leave 10 those
who much more interested than am TO defend the
bill If IL 10 dees bile He has asked, sr why we should
pass The bill, aud thinks lhee would be objections TO IT,
when those secured who do not knowingly vio-
late The law. Now, sir tits necessary il me, tor
this reason Suppose an insolvent man comes over
from CaHada with any OF these wares and sells them 10
people along the line and departs how do you reach him
Suppose an nsolvent brings these ARTICLES from Can
ada. although be may be living within our own territory
how do you reach him
Mr. BAYARD, lin his seat) By injunction.
Mr. UNDERWOOD. He does not about inunc-
ton-he does not care about your legal process Ii You
protect his person, the amount OF judgment you render
aDst him is nothing. We have found that out in those
sections where imprisonment for debt has very properly
as think, been abolished. Now, the only way in
OF that sort, by which you do any good your
patent, will be 10 reach those who may be solvent and
who knowingly violate the law. These things will be
carried on BY agences and you must provide penalties
beyond THIS bill u you wish to produce any effect IN be-
hall OF the paientees You must provide penalty by
which sou will operate the great body oil the raudu-
lent agents who are carrying on this business between
Canada and the United Sies in violation OF the rights OF
paenees you should take this bill, and take and
provide an eaiTely new system tor the purpose OF reach
log The agent ~ his person. perhaps you might do some
thing that ways but far you have only gone upon
pecuniaTy penalties and judgments, and you have accom-
pshed nothing whatever towards protecting the patenlee
Mr. President, have no personal object 10 view !
have great respect for these minds who employed year
alter the discovery OF some useful inventions, by
which The progress-l would say to my friend from Mich
igan tAlr. CA,sthe progress of society and man Is adj
I.l.a hat .lNI
gress and, sir, am for sustaining and protecting those
individuals who devole Their lives 10 studies OF that SORT
and thur really benefit mankind There Is ArkwIsht,
and Whitney, and Sevenson-hose men who have given
u, the cotton spinning machinery and that for cotton
picking and then the railroad department, there rs
Fulton, and Rumiofd and Fitch-these men who have
given steamboats, and similar valuable inventions.
Sir these have done for the progress OF soceiy
than all The politicians-at least am inclined TO think
am for protecting such progressiyes those ~ the
IoymPnt ~ lher useful Inventions; ard think, where
their inventions are depTedaed upon by persons us
The line IN Canada, there is no great harm IN reaching
those who knowingly and wlliully violate their rights.
am willing go that lar for them This bill goes no
iuriher and really do any objection TO il; and
do not think we ought 10 delay H. according TO The sug-
gestoa OF my friend from Arkansas, Sr. BoRIAND ioI
the purpose Of extending j. 10 England and all the rest OF
the world II the northern people vii iske i as i is,
let them have so, and wait til some evil grows out o
our own intercourse with Europe before we extend fur
thtT
hIr. BAYARD. certainly have as li,te disposition
as the honorable senator from Kentucky Mr.. UsDER-
wooDl 10 prevent proper extension 10 paenees OF pro,
tecton against fraudulent invasion Of their Hghls !
have not looked al this bill However, while coooele,
in reference The interests Of my constituents, and gen
orally as affecting the whole OF the Unl0n that there are
no particular rights that will be invaded 10 y, know OF
no particular advantages that will be derived from any m
vasun or evasion OF The rights al iha paenee My OBJ
lection 10 The bill is that by introducing the word use
you alter the entire principle OF your patent laws as hey
have hitherto existed. well England as IN this coun
try You put IN the power Of the paIeniee 70 raise The
question Of validity ol his patent By litigation between
him and the mere Of the article. the parcu.
lar advantage to be gained here reference 10 this law
relates TO single patent, or u you please 10 variety OF
patents in wooden articles. Now, am not willing 10
pass general law altering the general principles Of the
cases for think il Is wTpng The government under.
laxe by the paen laws, 10 secure TO party as lar az
they can without ntrenchng upon the rights OF the COM
munity protection as reward for the discovery he
has made Put the case, il you please-for there are
such cases-in which you cannot give protection be.
yond limited extent. Take The case ol the aqhof
Suppose his production 10 be plTated Now, u the
auihor should come forward and tell sou 'youT pre-
sent laws do not enable me TO reach The case, ~
CO nsequence OF the publication being ~ lhe hands OF
,he pirale and his agents; want toe rghi to 60 into
he Iouse of every person in the community and he "
found in possession OF my book, knowing y - private
book want 10 have ibe right to file bill 10 chancery,
though the value might be small TO him would you pass
a special law for hs benehI Such proposition would
not be tolerated in The Senate moment,
In regard 10 the evils intended 10 remedy hold That u
son strike out the word use" there - perfect remedy
undF the law as would then stand, against these fraud
uIent and irresponsible agents, as they are called IS
moi The remedy OF INJUNCTION sufficient Let the agent
be Irresponsible slil the process OF nDuneuon coua pe
taken oat, and the parties made liable 70 Imprisonment
because Of the commission OF fraud, or an attempt ~
fraud Therefore, In order to carry ont the remedy y