The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-03-13

wibsandng that Notwithstanding his defence could be
SET up, and successfully set ups We know the fact be
yond all controversy that this particular application Of
this remedial agent has been made by some one OF these
or somebody else within The last few years
Hence hiak the suggestion made by the senator iron
south Carolina Is very proper one that this IS case
which rises above the patent laws, and there IS some
thing sublime in il which the mere enactlnenls OF our
patent laws cannot reach, and cerainy cannot enforce
remedy for the protection OF the individual.
Mr. BUTLER cannot vote for the amendment, be
do not think that II is appropriate TO 'his OIL !
otherwise | would.
MI DAVIS | move to amend the amendment by
striking out the words according TO the principles OF
the law Of patents in The United States 50 that II shall
read
"And The issue therein shalt be which Of the said
parties hts, named was the original, true ana hf aiscoV
eIer," &c.
would state In few words the explanation OF the
object OF my amendment. The original amendment pro,
poses TO allow bill in equity TO settle upon principles OF
EQUITY who is the dscoverer OF this principle which has
been much comaiehtsd upon here. want Tree ana
ample scope given to the inquiry desire that II may
moi be limited by any technical rule any technical
regulation, but that The court shall establish It's own
regulations. applying the law to the and il is its
pleasure to adopt the rules and regulations which
applicable TO patent cases. have no objection to that
But do not wish to instruct the court to be governed
by these rules but TO leave il open, il being an inquiry
in equity, to the court TO establish It's own regulations in
Mr.. SEWARD | have no doub, myself that the eff
feet of the amendment would be TO leave the matter pre-
cisely as il would be without il. think that 1t would
be So because the issue which is to be made and to be
tried s determine who is the dscoveIe OF what is
technically called in this proposition dscovery;" and
that is 10 be asceraaed by the court Of equity which
proceeds upon principles Of right and justice Principles
of right and justice asCerlaned by courts OF equity as
well courts at law by existing iaws or existing pece
dents establishing those principles. Now the courts oil
law and equity the subject OF patents. or inventions.
or property Inventions have settled this very thing,
viz that party is the discoverer OF adlscovery ex-
cept he who has only made the discovery o. The Prn-
cipe but has brought it into practical application The
court has other way; no court can have any other
way OF any other mode, or Can find any other, prin-
ciple, upon which to determine who Is the dlsc0v-
erer than to the discovery from its hrs! concep-
ton TO its complete Embodiment in practice. think It
will be precisely the same thing therefore, whether the
amendment is made not but, because this Is case
which altogether aside from the ordinary course OF &C
ton viz legislative commission directed by the gov
eminent to the cou seems to me to be better 10 leave
the matter as il is and not TO change as the honorable
senator from Massachusetts [Mr. DAvIsl proposes
There never was, however, and never will be- court
that can give reward to man Tor imagining or con-
cevng fa he has discovered thing which beneht
be conferred upon mankind, unless he has actually
reduced his discovery 10 practice TO show that he should
be entitled to The merit of the discovery That constitutes
his claim
Mr.. BUTLER think the amendment to the amend
men is emnenlly right That was my opinion IN The
committee, and 1t is my opinion now we had better
leave the matter be settled by the court, and mol put
in any restriction which might be regarded as hamperDg
them
The amendment to the amendment was agreed to, and
the question required on the amendment as amended
Mr.. BRODHEAD | have an amendpent 10 otier
in the shape of a proviso which presume will not be
objected TO by the friends OF the original ameAdsent II
is 10 add
PROVIDED, That before the said of 100000,
thereof shall be paid either OF the parties named in
this he shall make oath in due form olaw that he has
not been guilty OF collision with either OF me o'hef parties
above named in this act, in any way whatever
The amendment to the amendment was agreed TO-
Mr.. HUNTER called for the yeas and nays on ths
amendment, and they were ordered.
Mr.. NORRIS. move 10 amend The amendment by
inserting after the words Horace Wells" the words or
any other person persons claiming an interest IN SAID
discovery SO that II shall read
And the said William T. GI Morton, Charles T. Jack
son. and The personal representative or OF
claiming interest in said discovery shall be defendants
Mr.. BRADBURY. hope that amendment will not be
adopted 1t known that great progress had been made
by scientific gentlemen other countries towards this
discovery The original amendment is based upon the
idea that enough has been done IN this country TO ene
the dscoverer here TO national reward, and the sum is
fixed al 100000. There other persons than
those named in the original amendment in this country,
who have made known that they have any claims OF the
kind. The contest ia the scientific world has been con-
fined TO the three gentlemen. II the amendment OF the
senator from New Hampshire be adopted it will open the
question TO individuals from other countries 10 come in
here and contest for this prize We go upon the ground
that what has been done here sufficient ene the
individuals named in the amendment or one ef Them TO
that reward should have wished that the phraseology
had been somewhat different should have preferred
that instead OF compelling the court 10 decide in favor OF
individual il should have been authorized proceed
according TO the principles OF equity and 10 allow either
the whole 100000 10 OF the individuals such part
OF TO EACH as the respective merits OF the claimants IN
the opinion of the court, should ene them But the
amendment which has been adopted the motion OF the
honorable senator from Massachusetts relieves the orig
inal amendment, in some degree from the objections
which existed to IL before. When the subject under
consideration at the last session. suggested that the Sem
ate seemed 10 be inappropriate tribunal to settle Ques
ton OF fact OF the kind presented and that other
tribunal should be resofed to- think that proper
is proposed asd trust that shall not adopt pro-
vision so broad as to render the original proposition
nugatory.
Mr.. DAVIS. | hope the amendment OF the honorable
senator from New Hampshire will not be adopted.
think there is question at all about this matter 1t
admitted not only by all medical here, but we have
abundant testimony from the other side OF the Atlantic
that II is considered discovery of very great merit and
great importance, and is entirely TO the medical
socations and societies which exist there As the
aor from Maine has very justly observed the merit OF
the discovery awarded to persons in this country and
az Tar my knowledge extends persons set any
petensoDs except the three named II there be any other
pretension have never heard OF it, And now open
The matter IN the way proposed by the senator from
New Hampshire and to enable people to set up peten
sons 10 this discovery TO come up The courts and
disturb the proceedings, seems to TO be wholly
cessaTy. hope therefore the amendment 10 the amend
ment will not be agreed TO-
Mr.. NORRIS The senator from Maine says that my
amendment opens the whole subject Of this controversy
when the senator sets thai plea opposition my amend
men' he tacity admits that the three gentlemen named
in the original amendment not entitled TO the credit
OF the discovery at all II they entitled the dis
covey they will be able TO manifest and prove it, not
wihstandog fol eigners may claim it,
Now, word to the senator from Massachusetts He
thinks that there person bu, these three gentlemen
who have any claim TO this matter do not know that
there IS My own belief from what investigation have
gwen the subject is that neither of them the dis