The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-02-15


OF rubber was made prior 10 the commencement OF th
present century aud the principal object sought by
plorers in that science TO nnd eheclual dryer
absorbent oil rubber when II dissolved. The tex
lure OF the gum, II may be allowed so TO speak, is e
hne the particles OF exceedingly minute, that II was
found IN solution, or thoroughly soened. It could be re-
duced, like beaten gold, TO almost infinitely thin shee
or leaf and yet retain It's peculiar waterp and air
tight qualities 1t this which led to the inquiry
after the solution had been effected. for some pracliea
and useful dryer that would render II nj for service
Down 10 1889. the date OF this patent, the use OF rub
ber in the arts, far il known, mostly the
dissolved gum mingled with any known dryer Ike sui h
patent was Mr.. Haywards knowledge, and The know
edge OF every other inventor one or two whose
IN the practical service OF the country rubber dissolved
and mingled with dryer the only known use or ap
plication oil the manufactured aruee and thus lar Mr.
| Hayward had gone in 1889 Win the Commis-
sioner remember that in pushing so far his in
dependent invention he had proceeded only part passu
with many others, and there was the terminus and extent
OF his knowledge To extend the patent granted TO Hay
ward for The invention OF the combination OF rubber and
sulphur, dissolved rubber with dryer sulphur and
sulphur only TO give him years more OF his
monopoly, is the prayer OF his petition.
Now, may please your honor, propose TO inquire al
such length shall deem II necessary into the purrorl
and intent OF the law touching the issuing OF patents and
argument by saying that the law neither in language nor
spirit recognises in the inventor claim 10 an exclusive
monopoly in his invention by virtue OF any natural rgh,
natural equity that would address itself TO the mind
OF the philosopher or legislator. That the monopoly, or
exclusive right granted TO patentees is the child OF far
seeing policy in the government, based upon the const
ruton which gives Congress "potcer 10 promote The prog
ress Of science and useful ar and is not founded either
upon any legal recognition OF aoral right on an adj
mtted natural right Man is entitled, all believe in
an unsophsiicated state, to the productions Of his own
labor This an individual claim, 10 enforce which he
is justified IN employing the strength OF his and the
cunning OF his brain. But il is only individual, and is
entirely exhausted IN the tul enjoyment OF the thing pro-
duced by the producer. There is moral which
iorbids imiation OF the production 10 Initiate is as
much an impulse Of Nature as TO invent And when the
inventor forDds his neg hbo to initiate his lnvenon he
claims more than the enjoyment OF the productions OF has
naD,ases-he claims exclude others from the
oymen OF the productions OF hsir impulses We must
look 10 municipal and not to natural law for the origin OF
our patent statutes.
The only power under the constitution given to Con-
gress TO legisate the subject found in article
section eight, in these words:
ITO promote the progress Of science and useful arts
by securing Tor limited tunes to authors and inventors the
exclusive right 10 their respective writings and discov-
cries.
The constitution is referred 10 as an exposition of The
object and intent OF the statutes and that instrument
pressing the power OF The legislature to make statutes
TINS subject, may well be presented 10 your honor
guide by which 10 settle questions arising under the Stat
ues; and submit that this tribunal all others, must
pass upon the statute its appropriate object intent is
autholtavey declared in deduced from the terms oil
that instrument And assert here, once for ALL that
the proposition laid down by The learned counsel The
other sde-vlz: that the law in this behalf made
Tor the protection and reward OF nven,orsis not faith
i
contrary, may II please your honor, while that may be
OF the taken by Cong comply with the
canons OF The constitution, II is only measure and only
OF many adopted for that utpose We must
turn TO the constitution itself io lis true object The
first great object OF Jaw in this country the progress oil
the country; aud the object of patent laws TO give
impulse 10 cultivation and civilization in the counry
through the promotion OF useful ars The Congress o
the United States when about 10 carry out the povis
ions OF the constitution IN regard 10 the subject oil IN
ven,on, said 10 the people, We pass law Tor the promo
lioh OF Useful aud OF the means by which
propose promote the useful arts is 10 give 10 the
ventor-as our ancestors have done 10 England-lour
| teen years oil exclusive monopoly OF his invention.
wish the Commissioners 10 observe that there IA dlstnc
uon between theory and that which pfopounded
BY the learned gentleman who opened this for the
petitioners In one case the primal object oil the law Ii
cried be the repdrd Of inpenorsn the other the
Improvement, the promotion OF the useful arts, and al
tracing TO and encouraging IN the country every force o
civilization and eng hlenmeni. For that purpose, for
that great object the law made; not that inventors
should have reward but by giving 10 them reward tc
promote the useful arts IN the country. The importance
OF observing this distinction is hishat IN the
If the first view taken Of the matter, the law finds lis
end in the reward given 10 the nvenlo-and when you
have proceeded far enough to accord that reward you
have accomplished the full purpose and end OF the legs
laon. II, the other hand the second and our view
s adopted, when the inventor has received his lages-
you have done but iie toward filling the great purposes
OF the constitution. II may be that you have RETARDED
and delayed the very progress to which the constitution
would give impulse Tor instance, Mr. Hayward has
pat mt for the combination oil sulphur and rubber, and
III will, for the purposes OF this argument take it fo
granted that that combination i useless Another
comes forward and makes an inyenon by which
lead, rubber, and sulphef, under the Influence oil heat
became useful. Now, say the gentlemen on tn,
other side, extend the patent OF MIR Hayward. Give
him fourteen, eighteen, twenty-five years OF exclu.
sive monopoly, and hold of the other inventor who
sulphur with his other ingredients Hold them of, anc
thus keep down the progress OF that particular art in the
country Now, may II please your honor, extend tha
The OF the proposition laid down by the learned
gentleman opposed to me and in doing believe you
will pronounce entire denial OF this section o the
slituon The construction conended for amounts TO ar
entire perrerslon OF this constitutional provision To bol
of the host OF other inventors who seeking 10 ente
the fed-who ready to into life an art dying
IN the hands OF this patenieewbo have the courage tC
enter ypon enterprises OF science and give impetus
10 artsall for the protection OF the exclusive privilege o.
one who has made nventlon-s 10 reward ar
inventor certainly, but It is Likewise TO impede and no
not accomplish the end of the law husto hold it up
bar all Other progress think important, Gay tpeas
your honor, TO press this little further, and | rus
that shall be able hereafter to show wherein the i'm
poftsnce OF this distinction rests, II have not already
done so, That granting patent was designed by Con
gess for the purpose OF promoting the useful arts,
not for the sole purpose OF rewardng the inventor,
further shown by the terms oil the grant II is made pT
mafily, aod in all for limited period Here IL il
teen years exclusive monopoly ot the thing invented
no matter what that thing iswa devised by the earle
lawgver. the best means OF establishing and reguls
ung equitable system OF remuneration for inventions
and Improvements Ii will be observed that neither III,
law in England in this country prcsofbes that
who has made invention shall receive stipulated
and definite OF money to encourage nventious anC