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

and request you 10 make examination OF that testimony
with refer 10 thai conclusive evidence hat 10
this invention there neither involved anxiety skill,
labor or any considerable expense. IL there Is any
meaning in the statute, there may be case presented
where extension should be denied for want OF nge-
nuity In other words, there might be presented
10 the Commissioner where the time and expense nave
been fully rewarded. and The simplicity or vanity, or
utlity OF the invention would forecose all claim 10 an
extension That must be involved in the language oil
the staue-INGENUrTY is of the considerations OF
the and the word without this construction
has no fierce Now, taking that ground, will proceed
little further with the Ericsson case That is case where
the party would be entitled extension because the nven
uon being complex, involved ingenuity over and above
the Tune aud aud Is valuable 10 the public. MT
Hayward comes forward with his invention, and Mr.
Smith with another, where the character of il is mma
!eria so futile that the Commissioner rejects IT, detect
ing It's dement's He grants extension IN Ericssons
and refuses il in Smiths In which category does Mr
Hayward belong say that Mr. Hayward's is one
which does not ente him TO be ranked above the ord
nary class OF inventors. and consequently he 10 not
entitled TO extension. II In ordinary cases OF in
venuon such specimens OF ingenuity We're entitled TO
extension, the law would have given them mo-
nopoly OF twenty years instead OF fourteen at the
commencement In order 10 be entitled TO an ex.
tended term, he must make his ingenuity exat HIM above
the ordinary class OF inventors By what Is hayward TO
be admitted into this circle oil select men? Would Hay
ward, after the solution OF rubber was known to the
world and the drying or absorbing qualities Of sulphur
had been part OF the common knowledge OF mankind
from the day il first discovered the spurs oil Vesu-
vlus. simply because he made the hrs combination OF
these articles, be entitled extension OF
his patent! He simply applies sulphur to dry rubber
Sulphur had been used as dryer IRON me lmmenoFial
and what is the extent OF his ingenuity5 Why, may
please your honor, difficult thing decide upon the
relative merits OF inventions? Much depends upon the
OF the dIscovery-he advancement OF science wheu
II is made | myself believe that Copernlcus, Bacon,
Newton, franklin, and all that constellation OF shining
intelects but children compared with the stern
who demonstrated for the Of the truths
contained in the fret problems Of Euclid Unaided by
PRIOR discoveries, he established land marks which in
their eternal truth stand placid and mistaken through
all the strange revolutions OF philosophy and the spark
ling revelations OF science In all comparisons OF intel
leclua merit the judgment must act without fixed prem
ises In the matter before u.s. Hayward is asking
remuneration He must clearly show case OF unusual
merit. His time and expense having already been COM
pensaied, his claim Tor extension must rest upon the
superior order OF his Ingenuity shown in his invention
Is Mr. Hay wards better, more Ingenious useful
than all the vast multitude OF Inventions that pass before
the Commissioner OF Patents
We approach and the only remaining inquiry.
Upon considering all these suggestions, the constitutional
OF the law creating The jurisdiction, the Char
acter OF The Invention, lis novelty or lis want OF novelty
It's utility want OF utility, the remuneration received BY
Mr. Hay ward, and all The minute conditions which the
law requires should be performed, has the petitione
made proof 40 the full and satisfaction" Of the
Commissioner that shaving due regard to the public in
patent should be extended !" / snbmi, TO your honor
that they tail IN every opoon and spey theory OF fact
II there any one point IN the applica
ton OF The law 10 this paten there any feature
of il where The gentemen who have so ably conducted
this petition have filled the requirements OF the aw is
beyond my ingenuity TO discover H. 1t is matter OF
representative should be satisfied with iu proof upon all
these questions The question here is between the pub
nc ana ne petitioners and the public say to them
sioner that the public interest requires this extension
What does the public interest require Ii requires that
Inventors should be encouraged But does il require that
your invention should be selected from others, made
subec, of special remuneration Will the public
tain the patent laws OF this country, and especially this
extension jurisdiction, IT every time there is app
cation old matter the inventor, in addition 10 has pat
emit is to have extension and hold his monopoly over
the public for TWEEN y.one years
But the gentlemen say, you entertain any doubt about
our rights there is no appeal grant extension, and
LEI opponents Try the question in the of law
May please your honor do you know 10 what they
would remit u.s. DO you know the that attend
patent lawsuit Look at these tour thousand pages
OF printed testimony, look at the records OF nearly fifty
suits al lawsuits Of uespass, suits OF libel, suits Of
every name and form known III common law and equity
that have already grown cut OF this controversy We
have been IN ths pursatory these fourteen years,
and they now tel us 10 90 lunher and iare worse
Look, SIR al the scattered fortune OF OF my clients,
who has hundred and fifty thousand dollars the
accumulation OF The best years OF his life and the best
energies bis fruitful and fearless genius, evapom,e like
dew in the heat OF this struggle Look his premature
gray head, the result Of his anxious commissions in The
protection of his rights and the defence of his honor and
see the Paradise 10 which theS would consgn us.
Adiudcaie upon this issue according TO the law and the
evidence before you and there will be occasion for
us TO visit the courts have every respect for our sys
TEN OF judicial inquiry but IN this is simply de-
NAL OF justice TO send my clients TO the courts | have
the court Of New Jersey, where believe they have
tamped upon rights guaranteed TO national and
ancestral covenants OF liberty from the Declaration of In
dependence, the Bill of Rights, back TO the Magma
Charta itself, the primal guarantee of the rights oil
freeman which have derived from our Saxon ances.
torswe have seen them deny TO in this matter tria
by jury and believe such denial wholly una full
and cruelty unjust For Gods sake save us from this al
tentative Mr. Hayward asks your honor upon an ex
animation OF all this matter, 10 give him an extension
and select him from among the great mass of nventnrs
who have been the beneacofs OF mankind l. not Hay
ward Of the ordinary class OF nvenors Is he an extra
ordinary genius, vister oil the EARTH entitled 10
come within the sacred circle where Agchmedes and
Fulton find place ] have spoken Of ordinary invent
ors-not IN tone OF disfespec but signify the large
number for whom the law provides the common remune
ration Every inventor Is superior man-a bsne actor
of his race-approachng nearer creative excellence than
others OF bis kind Need search profoundly for The
proof of thls' What DO we see around IA. and what
was man 10 his natural sstel What has wrought this
change Bare man on The hills of Caucasus with
his hand for protection, and his brain for his Improvement
has in six thousand years achieved knowledge of The
mysteries and control OF the elements more potent far
than the myth-lovng Greeks attributed 10 The divines
of Olympus. AID how has thus been done To inyen- |
ton and invention only, what there is OF gor,
and of good in this progression. And who can pre- /
sent claims 10 be selected from this chosen legIonl
Fulton Arkwright and Dsguerre are called TO be
nearest OF the congregation to the vson,n and who
shall exalt soldier from the ranks their fellowsb
What man with common pretensons dare ask admission
TO their crce Let the petitioner to his place. and
remember that with OF merit and genius ia no
rance is infamy, and false pre,enson objectionable sin