The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-03-13
THE UNICN WASHINGTON SUNDAY MORNING. MARCH D. 1853

regard 10 principle OF this sort Not only that, bat they
to provide for them reward other than that which
ths consultation itself contemplaes-l whatever
they make out OF patent That is the reward which
was Contemplated by the constitution To that extent
the power OF Congress goes. will not say that this ID
beginning this system, Tor acknowledge there are pre-
cedents 10 that effect but Seems TO that the rule,
aaius usus abosndus esq, applies. Il is time that we
were quitting the practice into which we have run,
Where is il 10 carry us Every inventor who caunot
derive his reward from the public demand for whatever ar
ee is his invention will come 10 Congress- and ask that
weupder some fiction Of using in this OF that branch
OF the public sersice-sha reward him for his inven-
ton.
do not mean to enter into the question ! do not
know who Is The dscoverer OF this remedial agent IL
Is moi business 10 determine. There could mol be
tribunal 10 ascertain such facts than The Congress
of the United States, aud il We do it, the proper
place would be Ia separate BILL and not here upon one
Of the general appropriation bills II We put this amend
ment upon this appropriation bill, in connex;on with many
other measures, the result will be that in order obtain
means Tor carrying on the government have to vote
for whole omnibus OF propositions, differing in char
acer, many OF them dlstasteiul 10 us, OF them
probably perncous
What sort Of legislation we 10 expect II we extend
this system further than we have already carried it, II
seems TO me that it is sufficient reason TO agains
this amendment that there is proper place for upont
the appropriation bill now under consideration. We
have but few legislative days left and all the important
appropriation bills yet 10 come up. The civil and
diplomatic bill is book of itself, and whenever come
to report it, it will take all the time, and more than all
the time have left, 10 consider it properly Unless
we make some speed in relation to this BILL shall not
be able to send il 10 The House to night, and under
stand that by tonight the House OF Representatives will
have passed upon all the appropriation bills which
before IT, We have disposed oil none Of the important
appropriation bills except the deficiency bill Is il not
Time, then, that we should be voting down some OF
these amendments account of irrelevancy and if 50,
to which apply the rule with more propfety than
| 10 this
Mr. BORLAND. am as little disposed as any one to
burden the appropriation bills, or to hazard their passage
If the senator from Virginia had listened 10 the reading
OF the Proposition his main objection would have been
answered by Ills very terms He says that this is not
proper tribunal to determine the question to who is the
dscoverer The proposition is not TO determine it, but
the 10 submit the question to the tribunals
OF the country for decision on the very ground which he
assumes---that this is not proper tribunal
/ Mr.. HUNTER. ] would ask the senator il this is not
taking iuri sdcton over the subject! Are we not assum
ing 10 say how these questions to be determined and
| thus assuming jursdclon9
! Mr.. BORLAND. II is not assuming jurisdiction 1t
is simply making an appropriation OF money the payment
OF which is to be contingent the decree OF court
der the laws as they exist, and not 10 prescribe any
law on the subject 1t TO submit the question 10
the tribunals OF the country under the existing laws, and
| to make appropriation OF money TO be paid on the
award of courl-iha is all.
AS TO the objection that individual has patent and
should enforce his patent right need hardly remind the
Senate, Tor it is matter which has attracted general at
tention that this OF those where, from the
very nature OF the circumstances, the rights OF the pat
entee cannot be enforced You cannot go into the sick
chamber and arrest the surgeon in he performance OF his
professional duty, and deprive patient, who is on the
verge OF the grave OF benefit from The application OF
remedy because it may Infringe the right OF patentee
And you could, II is one OF those cases at which the
feelings OF every would revolt is oil those
cases where you cannot enforce paenees rights. You
would have 10 10 the bedside of almost every sick
in The country You would have to follow your army
and navy surgeons throughout their whole upon
the land and upon the and examine into every
where they have occasion, in the alienation OF human
suffering and the saving of human life TO this
dial agent
But suppose, sir. this paenee could enforce his
rights against individuals how can he enforce them
against the We are m he hourly viola
ton of the law. If could such expression with
regard to the action OF this government would say we
whoever he may be. By general law we have
red out that provision of the constitution TO
inventors the exclusive of their property for
tain time. We have under that law issued 10 ndvid-
ual patent right, giving him right of action against
everybody who shall invade his patent and in the very
! face OF II we have been for years, and with an arm
whose strength he cannot resist taking his property and
converting il 10 the public This is simple popo
ston 10 make his patent under the laws available 10 him,
and to protect hum against the strong arm oil the
men which is constantly invading his nights and taking
them from him.
! VIII any say that the amount of ey proposed
10 be appropriated is too large Go ask your medical
men oil the navy and OF the army TO say nothing OF the
private physicians and surgeons throughout the world
Ask them what such agent is WORTH il you could
estimate II IN dollars and cents, and they would tell you
millions, instead of pary hundred thousand dollars.
They would tell you that they ought be deprived
oil It's use IN their profession and would not be deprived
of II the government had TO pay $40 1000 instead OF
The enlightened surgeons OF the army and navy will
tell you that il is OF more value not only than one,
any ten, perhaps Dinetenhs OF all the remedies they
called upon 10 in the daily practice of their pro-
Iesslon and that money could not buy from them the
privilege OF using II all occasions, whenever ii might
be necessary IN their daily practice.
Mr.. BUTLER. MIR President, know that my friend
from Virginia has heavy responsibility upon him in
reference TO these appropriation bills think II IS not
lar that we should take up much time IN their discus
sion. was on the select committee which investigated
the subject and have had my difficulties IN connexon
with the matter. do not know that am entirely
lieved from them but the view take OF the sub
Jec is this This anashesia as 1t termed the process
by which the human system be rendered insensibe
to pain, cannot, in my opinion, be made the subject OF
patent IL is not tangible enough 10 be The subject OF
grant TO individual such right he cosd pro-
tect by law suit, such right might not be nva-
ded with mpunlty regard the invention, from its very
submity as which cannot he sablectedt to patent
But Il comes clearly within The spirit OF the patent laws;
and II man can have security for his rights for what
ngbe this discoverer ought 10 have protection
Tor that which more sublime, and above the tangible
mode and subject of patents. have thus in few words
given my view upon this subject This is too sublime
invention for a patent | think If anything should be
protected, this should be- have come 10 that concu-
SION bat agree with the senator from Virginia that
this IS private claim, and therefore cannot vote for II
as an amendment to this BILL and particularly Tor the
son urged the other day. This is irresponsible mode
OF legislation, Selling upon favorte and strong measure
10 ngra upon the appropriation bills, and thus carry il
through. sympahize with the honorable chairman OF
the select committee, the gentleman from Wisconsin, who
has manifested much sensibty upon this subject and
whose care, and diligence, and attention, think enttle
him at least to the gratitude OF those who enjoying
the benefits OF this sublime discovery
Mr.. NORRIS. am not going 10 discuss the amend
ment 10 de tain the Senate than a few moments
hut vlaht IN In he trpm