The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-15

ihink u would be better Tor the public, better Tor 10
individual pateniee, than The law as II now stands
These remarks, ! am aware, irrelevant TO the par
ieular before the Senate, bat they connect them
selves With my general views OF the whole system To-
ppcy oil leg salon should be 10 shut the door agalns
litigation far II The policy Of legislation II
order 10 prevent conupion should be never 10 ASSUME
judicial powers Ia feisten6e TO inquiry as To the iaci
pt particular where yoa have The rights OF IN
public the hand and The rights claims at al
| Individual inventor the oker For these reasons
which ! would have eDdeavored to give IN cleare
form. and sustain by older and abler statesmen
Of the country n remarks they have made the sub
ilect ii had expected 10 dlscass This matter 10 day,
shall be compelled 10 vote against This or aag bihe
b authorizing, purposng TO authorize, tue acaon
Congress for special purpose founded upon Legislative
curry IN matters which can alone be asceflained bN
Judicial investigation aa
Committee Fatentsi whatever OF merit there may bt
the notions Of the senator from Delaware about gen
eral legislaon--ihat as matter OF Judicial inquiry
question OF this sort ought never to be brought here ana
we should have nothing whatever to do with special
legislation of this kind am not disposed TO go INTO an
Argument uIon that question at this time All desire 70
cay is, that, being member OF that committee, and
having examined this mans specimens o. iei CLOTH and
made acquainted with the progress oil the imprcve
menl in giving better texture and greater durability TO
the fabric. believe that committee unanimous (it
anybody differed do not recollect who II was) IN the
opinion that he ought TO have that description OF relief
that has been granted for years and years past TO all in
venors similarly circumsanced Whether he ought to
have extension tor foureen or twenty years do not
pretend to recommend nor do propose any limited term
OF years an nfexbe rule which ought to govern us
in o this kind But with reference TO the merits
of the case, do ih,nk that the bill reported ought 10
pass The report very clearly shows the merits OF the
case and is drawn u2 by The honorable senator from
South Carolina, Mr.. EvANs.l do not think fair 10
pick out this Individual case, and say we will pass no
special act, Whatever may be the merits Of the Case but
be must submit 10 rule OF general legislation, that
does not apply 10 all other individuals, There are
Innumerabe such special acts that have been passed
by almost every Congress for years and gone by
do not think it right to bring up this gentleman and ap-
HI.
make him exceptions. when every day we are doing
the thing reference TO other persons that he asks
in reference 10 himself That is all have TO say in ref
TO general principles suggested by the senator from
Delaware Oi course, upon general bill they ought 10
be discussed, and perhaps shall have something to day
about them myself whenever general bill shall be
brought before this Senate.
Mr.. BAYARD There we're general principles which
should govern patent laws, as mentioned IN my
patent laws, hca supposed would attain the purposes
OF justice, objection to this bill did say, and
adhere 10 IT, that the principle which lies al the founda
ton OF your institutions you were ampng upon IN pass
ing any sach bill be ause you were substituting. con-
fary 10 the intent OF your constitutional legislation, an
inquiry into state OF facts for judicial investigation
beneger tina, arises shall oppose it.
The senator says select This particular bill. do not
care how many cases have existed have not any
debate in which the question has been decided by Con-
gress whether this was proper exercise OF legislative
power not know how these abuses always creep in
step by STEP until they resisted and II you do not
commence at time, upon the very next bill that
comes ua 10 Witch the same objection will apply 1t will
be said why commence upon tbis nanf SI, how are
you stop the abuse Whenever would come
up of special application Tor renewal OF pa;en. the
answer would be, Congress has voted II 10 other cases
heretofore why not in this !" You do not provide
remedy by general law, but by abandoning II, by
practice OF legislation irregular 10 itself and in the very
lace OF your own constitution,
That is my objection 10 the bhl-no to the merits oil
The particular case do not doubt the senator from
Kentucky MIR THoMPsosl says that the committee may
have been unsnimous ~ recommending u but may not
al dish N
you about to investigate the Allegations con-
tained in THE petition Did you give reasonable notice
to The public thai at thai hearing any man might cone
Tor ard and oppose What has been Their answer
have heard OF none; ! bave none. Who is the
defendant then-because comes TO lhat-upon this ap
picauon lbe great public OF The United States is the
defendant They stand side, and the petitioner,
on his statement OF acs, on the other. And what
is the evidence II issr pah There can be no cross
examination There 40 parties 10 interest who are
acquainted with the subjectma,ief 10 enter INTO the m
Qury no counter wItnrssest be examined. There
no individual interest TO bfpg them there when notice
has been given and se thls Is The mode IN which d
judicial inquiry, Tor The purpose OF establishing excu
right properly period oi years, Is to be
passed by the Congress OF the United States, when II
sTs side to the great interests OF the public, and
on The other to the individual interest q particular
psienee.
Sir, cannot reconcile TO my mind that this is proper
case OF legislation. cannot reconcile that such case
DOES violate every pnncpe OF justice and OF popety
The eore II is be this The fret the last no vote
oil mine shall ever be gwen or system OF special egs-
ston Tor the extension Of hese patents, because am
satisfied, no matter how plausible case may be made
on sr parfs statement t be adjusted as 10
dispense justice between the party and the public
Mr. President, have, admit, great want OF conf
dence in these parfe statements NV life has been
passed. with the exception OF the wo years past entirely
~ forensic exerion and have therefore, bad eome OPP
ponuo,y TO study the character OF human testimony and
It's biases have something OF the mode IN which
truth be eleiled. and presume in this body
will pretend that il You want to get at the truth o par
cuar facts, the mode in which intelligent man would
do IT would be TO lake The statement, OF the parry alone,
take the statement of the party supported by his
own afdavs or those be chose procure, when the re
is esnony brought 10 bear upon the subject
TO present The other view oil the case. Every man
knows thai snple statement OF the may be per-
ecy fair. but being made one side only, may sover
up and leave out OF certain matera facts which. II
presented may change the whole aspect OF the case For
this reason do not think objection has been an
swered satisfactorily. shall therefore be compelled TO
vote agains, this bill, and, desire the sense OF the
Senate upon the question shall ask the yeas and nays
on its passage, that may know whether this sort OF
special legislation on judicial subjects 70 be communal
or not
Mr. SEWARD There is great force in what the hon
senator IRON Delaware says in regard TO the abuse
which may be made, and which suppose ~ - possible
sometimes been made, OF the power exercised by Con-
gress for the extension of patents wish that II were
not troe but, The time, we must take TINS as
practical question: and dispose OF u IN praoueal way
cause OF SCIENCE philosophy and learning, by securing to
inventors, for limited period, the right OF property w
their Inventions Congress, IN the exercise OF that power
has adopted uniform system and Tor that purpose bas
established Patent Office, with code OF Jurisprudence
on the subject by which intended and expected that
lin the administration oi that Department. each inventor
shall by obtaining PATENT the exclusive ENJOY
he IN n