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

amendment The value of the discovery or application
Of the use of suphurc ether for the purpose OF rendering
The human body nsensbe 10 pain and thereby increasing
the safety aud comfort oil persons who have 70 undergo
surgical operations, is admitted on all hands In add,cn
10 ths general admission OF IFS great ard ihealeulable
value TO the human family at large we fad that in the
army aud navy OF The United States the medical officers
IN the service OF the United States daily and hourly
and have been Tor several years using this agent for this
purpose. We have the testimony OF medical officers Of
The army and navy OF the great value OF this agent in
such applications as means OF practising their profession
successfully, and enabling them 10 perform their public
aunes They consider the value OF this agent 70 The
government in that way beyond calculation. From
This infer that the government is daily deriving very
great benefits from the use OF this remedial agent
There 10 provision, Mr.. President the eonslitu
lion OF the United States which contefs the power aud
makes II the duty OF this government. TO secure 10 the IN
ventos and discoveries OF and processes which
are oil value TO The public, the exclusive right 70 use
those discoveries and inventions for their benefit for
limited period In pursuance OF that provision oil The
constitution. have at various times, passed laws Tor
securing the rights OF inventors and discoveries We have
established the Patent Office for the purpose OF carrying
these laws into execution npursuanse OF these laws,
individual has forward and established his right
to the exclusive OF this remedial agent The govern
ment has right than any individual in the COM
munity to violate the law under which he holds and
claims this right but we find that the government is in
daily and hourly OF this agent, in violation OF the
rights OF the paenec. The constitution also provides
that shall not take the private property Of any ndi
yidual for public use without making compensation
therefor.
This propositions therefore, is, in view OF the great
value OF this discovery and the daily benefits which The
government and It's employees are deriving from it, TO
make some compensation TO the individual to whom the
right belongs. Upon that ground The Committee Mil
laTy Affairs at the last session. moved amendment 10
an appropriation bill giving 300 600 to The individual
arisen between HIM and other individuals who also claim
70 be the original dscoverersi and they have contested
his right TO receive the money, and the poprle,y of any
action Of Congress which would give him this compensa-
ton To obvate all difficulty and to have this dispute
settled BY the competent judicial tribunals Of the country
modification OF The original proposition is now made.
First to recognise as we proposed to do before the right
of to this discovery and to fix the compensation
TO be paid by the government for its use and in additions
to prescribe mode by which the Judicial tribunal shall
finally settle the question to who is the dscoverer,
and the rightfu recipient of this compensation. Upon
these grounds think this proposition is commended to
the reason and judgment OF the Senate.
1t may be sad-and think It was said al the last ses
soh-lha there is precedent for such proceeding as
this. To those who think so would take occasion TO
remark that the presidents are almost Dumberless.
about 10 say that at every session. but certainly al
many sessions OF Congress, we have made appropra-
tons to pay for useful inventions and discoveries, and
new applications OF means to the public service, and the
promotion OF The public good. We have not only paid
discoveries and inventors for the OF their discoveries
and Inventions but we have made appropriations to aid
inventors and discoveries IN periectng processes by
which they proposed TO promote the public good. need
mention no other than which will be in the
recollection of every senator few years ago appro
priaed $4,000 to enable Professor Page 10 experiment
with his electro magnetic machine. We have bought
great many things from inventors. One will men
uOn IN gentleman connected win navy
OF the United States, think chaplain, made APP
plica'on of what is commonly known the jack screw.
and applied 1t TO cannon as means OF obtaining greater
accuracy in directing and sighting cannon and for that
we paid him $4,000 or $40 600. In that case we paid
large amount OF money for the application OF The
old familiar ackscrew Tor the purpose OF directing and
sighting cannon at seafo the purpose OF destroying hui
man life, and lnictng pain, with greater certainty and
precision and deadly effect. Here we propose TO
appropriate sum of money to pay The dscoverer OF
Inventor, if you choose to call him so, Of the greatest
dlscovey-tis admitted on all handsthat has ever
been made for the alienation of human suffering and the
saving of human life | have no more TO say.
/ Mr.. WALKER AS chairman of the select committee,
il may be due TO the Senate that should make very
brief explanation regard to the in which this
amendment is brought before the Senate 1t will be
membered that This subject referred 10 select COM
miiiee, of which was made chairman For two mem
bes OF that committee, will say that there was very
great amount OF labor assumed The other members of
the committee kindly lent their attention, and far
as was in their power advised with After under
going the labor OF investigating the testimony, amounting
TO hundreds II not thousands OF pages, was finally dis
covered that, under the Senates 30,h rule select
milee was not OF those favored Institutions in the
Senate which could be permitted TO offer an amendment
to appropr alton bill The committee had agreed upon
this proposition, but could not offer it, They then had
appeal to standing committee OF the Senate, and they
did appeal TO The Committee Military Affairs, who had
once reported al the last session amendment IN refer
TO this matter That committee kindly consented TO
present the amendment obviae the difficulty under the
rule and hence il comes from that committee before the
| Senate al this time.
few words in reference to the proposition itself. As
the committee entered upon the investigation OF
the testimony, was found that the members could be
unanimous in their recommendation in favor OF either of
the three parties named in fact, il deemed improper
for Congress 10 assume 10 settle this matter judicial
question But the committee had no doubt lar as |
have understood the different members, that this
OF very great Importance and that 10 the person. whoe
he might be- that made the discovery, high honors and
recompense due. They therefore agreed upon this
submission OF The question TO the circuit OF the
tnorhern district OF the State OF New York, State in
which neither OF the parties lives, and that that court
should decide the issue between the parties TO which
the dscoverer, and that, when decided the ap-
proprlated should be aid to that person
1t rs known that at the last session, when these parties
were not all before the Senate, expressed myself with
great warmth 10 favor OF OF them. Another senator
who was upon the committee expressed himself with
equal warmth in favor of another. There members
OF the committee whose IDEAS tended towards third 1t
tlen far understanding and compromise among the
members OF the committee, that they would not only de-
cline recommend either OF these gentlemen the
cipent of the recompense proposed TO be paid, but that
they would relieve Congress from deciding II judicial
question. II is for the Senate TO say whether il is
willing 10 make this appropriation TO be paid according
to the terms OF the proposition, 10 the who shall
be determined by court OF justice to have made the dis
coveIy.
Accompanying the amendment is a report which has
been printed and which contains, appendix TO IT,
large list OF those constituting presidents in this
matter and the committee, in their report refer TO class
OF where Congress has gone far beyond the limits
proposed in this amendment That class is that in which
Congress has stepped forth and appropriated money nd
to aid discoveries aud inventors in perfectng their
discoveries and inventions Three particularly
alluded TO in the repori-hose OF Professors Morse,
Page, and Espy One Of these has perfected bis inven
ton another, believe, is yet in progress and one
think, has abandoned H. Congress- in these show.
ed its disposition to promote the welfare OF the country,