The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-02-09

these objections urged this bill this time II ia moi
the usual way TO raise objections TO any bill alter has
been sngrossed BY order OF Tue Senate had hoped that
the bill would have been objected to- II objected 10 al ALL
while II was under consideration
MIR. BAYARD | could not know all the objections
which | have 10 this bill, because when II was first
brought up had only read il other senator's had Ii
was only subsequently,. and after making II matter OF
reflection, that became OF all lis objectionable
features and stated to honorable senator days
ago what those objections were. being The same that
have just stated the Senate and also tina, would feel
il my daiy 10 state those objections whenever the bill
came up did not state these objections yesterday
because did expect that the bill would be then called
up would prefer that the vote ordering this bill 10
be eng ossed should be reeonsdered and the bill referred
to the Committee on Patents Tor reformation in the
spects have indicated.
Mr. MILLER do not think that there Is a bill upon
your table that has had consideration from CON-
mees or oflene brought before the Senate for discus
sion than this BILL II has been bere two sessions.
been referred to and reported upon twice by the Judi
ciary Committee Of this body and undergone various
amendments order get 10 meet the views OF hon
orable senators 1t is eyidentihis bill coming up now
this late period Of the sesslonthat we cannot expect
the friends OF the bill go into any elaborate debate
for lis defence do not understand from the objee-
lions urged by The honorable senator from Delaware Mr.
BAYARD1 that there is single new objection. more
than what has been made before against this bill.
cepl that objection in regard to the affecting oil treaties
That is new objection, confess-oae that never
thought heard OF before Inever supposed that this
bill would affect treaties with foreign countries at all
have and does have, effect upon treaties
upon the Importation of articles under treaties than the
present existing patent laws now have According 10
our present laws it man gets patent Tor plough in
this country, il persons in Canada should manufacture
those poughs and send them here. could sczs them
once; there would be difficulty in regard 10 thai.
We could not only seize those ploughs 10 The hands Of
the importer but we could seize them in the hands oil
Others and make them pay damages for using an article
thus uacured That is the where the patent
upon the article itself that may be brought into this
Try.
But here is the partially OF our existing patent laws
While il fully protects the article, where the article il
self is patented gives remedy at all to the who
nvens machine which turns out useful ARTICLES bene-
fetal to the country II gives that man no remedy at
all, while the man who has patent upon the article it,
self has complete remedy now. Now, the only object
of this bill is to give the individual who has patent
of machine the same remedy that man now has
when he obtains patent upon an article itself Now
here of machine for turning irregular sub
valuable TO the country Suppose persons lake
that machine The line into Canada-and generally
American citizens are the persons who DO this thing
for the purpose OF avoiding and setting at defiance your
grant OF this patent, and then they turn of these articles
any amount, bring them into this country in hall.
finished slate, order 10 cheat this country out Of bali
The they entitled 70 1y placing sss ,aga
in any quantity upon the MARKET and deprive this indi-
vldual OF the benefit of his machine.
The honorable senator from Delaware says here 70
power giyen to seize these articles eammariIy Now,
how is that power TO be evoked and used Why siT,
an Individual makes affidavit that article know
nsy brought from Canada for the purpose Of amc and
has been committed knowingly and willingly. Should
he do that and finds those articles in the hands OF per-
son who has brought them across the line, or in the
hands of person who knows them to have been
brought the line, then he can seize them 10 not
that iair know that originally there was an objection
10 this bill, tina, article might be seized if il were
found in the hands Of those who bad them for use.
That portion of the bill has been stricken out and now
applies only 10 those who have possession Of these ar
cles for the purpose of evading the patent
will not delan the Senate by gong through the vari-
other arguments, and answering The other objections
Of lie honorable senator from Delaware, IMr B1rAlDl
because think they have been made heretofore, and
have been answered at various times, am very anx-
ions 10 have this matter decided al once.
The question required upon the passage OF the bill
Mr. BAYARD called for the yeas and nays upon that
question, and they ordered accordingly.
The question being then taken by yeas and nays upon
he passage OF the bill, agreed toyeas 81 nays
I5-as follows:
YEAS-Messrs Badger. Bell. Brodhesd, Brooke, Dodge
Wisconsin, Dodge OF lows Downs, Geyer Hamn, Hous
ton. Miller Morton, Peace Phslps, Seward smith, Spra
ance, Sumner, Underwood, Wade. and Waker-2l
NAYS-Messrs. Adams, Atchison, Bayard, Bright, Cas-
Charlton, Dawson, Fetch Fish, Hunter, Mallory, MAsou
Norris, Psat and Weer-l5
And the bill was accordingly passed
TO BE CONTINUED a..