The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-15
CITY OF WASHINGTON WEDNESDAY, MORNING MARCH l5 1854

mere defect IN the patent laws and failed receive
an Indemnify Tor The expenses which he had sustained
lie expended Si,5 in perectng his invention, and
ceived $4,000. He by accident prevented from
making application to tue Patent Office for
sion OF his patent within the Time prescribed by law. II
now proposed, N this particular TO take away the
rule which required hlm TO make his application for
patent at particular time, and then refer the whole
subject TO the Patent Office. just il ne had applied IN
due time There question 10 be decided here about
| the invention.
One word more sir to soften the heart OF the honora
BILE senator from North Carona, Mr.. BADGER !; aud il il
does not know that il will The hearts OF OF senator's
This worthy came here In 1850, and presented his
case 10 the distinguished senator from Kentucky Mr.,
Clay who brought il before the Senate in speech. and
who moved the committee OF the Senate 10 lis favorable
exam mnat on, Last year the bill unanimously
ported by the Committee Patents and the Patent Office
and unanimously passed the Senate but failed in the
other house for oi time He here again this
year and presented his claim 10 and submitted ii 10
the Committee on Patents. which unanimously reported
IN favor OF the claim. while waiting the action OF the
committee short time since. Though perfectly temper
ale and sober man. he Ie into cellar way. and very
lion hope that this will satisfy the honorable senator
from North Carolina that he ought TO withdraw his OPP
| position,
Mr. BADGER II the senator from New York can
assure me that he is sincere lhattha the extension
OF this mans patent will interfere with people OF
the South in making bscuithat il will not involve US
IN litigation in the courts Of the United Siaes- will
withdraw all objections, and leave the several Ranufac-
turers of biscuit at the North to fight out the battle
among themselves He ought to know, for he has been
at the South and every who has been al the South
must know, that biscuits article OF food used by us
all There everybody uses biscuitin all the walks OF
life, rich and poor, black and white. will never give
my consent to extend patent by which any man can
come 10 country and harass our people because they
make biscuit eat alleging that he has right inter
ere because It is matter OF patent right But Il the
senator will that has effect upon the opera
lions OF domestic cookery at all, in any shape or form,
will Withdraw my objection
Mr.. SEWARD can assure the senator that has
DlIpgo onl IN he ma he
upon large scale for commerce II does not interfere
North OF South East or West, anywhere throughout our
country with the right OF the people 10 make biscuits for
their own use-not in the least.
Mr.. BADGER. am satisfied.
Mr.. ADAMS. Before the vote is taken, wish to say
tha, agree with my friend from North Carolina most
fully Il is said that this is discovery OF the paenee
for making the best biscuit that be so, he must have
got his information from Mrs. Bobo, of Alabama; for
she certainly made better biscuit than anybody else in
the country ILaughterl do not think that we ought
TO extend this privilege TO this indyldua because can
prove by my friend near me, Mr. CAY.] and by every
man from that State, that Mrs Bobo certainly made bet
ter biscuit than anybody else and il Mr.. Neyns has
any information upon that he must have obtained from
Mr. SEWARD. II the honorable senator viii allow
me moment, | think that | will remove the difficulty
under which he abos. This bill does not propose 10
eItend the pate al all There is law which prevents
us extension by The Commissioner of Patents il it ought
to be extended We propose now simply to remove that
law and then 10 refer the subject to the Patent Office
and, II the gentleman feels any alarm, then, ne can 60
there and present his objections.
The question being then taken, the result wasyeas
21, nays 1l-as follows:
YEAs-Messr Atchison Badger, Chase, Dawson,
o"a Ps rGH q
sumner, Wade, Walker. and Wiliams-2l.
Gsyer ewin, Johnson, Pearce, Kasi. sHds and Thom'
son OF New JeIsey-li.
So the bill was ordered to be engrossed for third
reading.
II was then read a third time and passed.
JOHN BRONSON.
The bill for the relief of John Bronson IS 1859
then read the second and considered IN commit
tee OF the whole. Ii provides for the payment OF
S29l5 IS indemnity for the loss of merchandise which
el INTO the hands OF The IN consequence OF the
mpressment by order Of an officer in command of de-
achment OF United States troops, oil the wagons and
teams with which said merchandise was being removed
place OF safety, al the time OF the evacuation OF Fort
George, IN the wear 1873
Mr.. BAYARD called for the reading OF the report
which was accordingly read.
Mr.. BAfARD. have had no opportunity TO exam
ne the particulars of this bill but aware OF the gem
era fact that there disposition 10 brog up all these old
claims which. the year 1877 We're either acled upon
nigh, have been acted upon, under the general laws
when the witnesses were still living, and we could as-
certain the vaae OF their testimony There Is dispo
slon to bring them up, upon testimony obtained aef he
lapse OF ten, twenty, or thirty years My examination
OF the action OF Congress upon the subject oil indemnih
cation for injuries sustained during the war OF lsl2-la
shows that there have been various laws and
ting them. Congress at first authorized commis
sioner 10 examine into the classes OF injuries, spec-
flying them n The law, and in what they thought
proper that relief should be granted They further pro-
yded that the President OF the United States might make
such rules and he thought proper Tor the
purpose of taking testimony in relation TO claims made
before this commissioner Great numbers OF claims
made. The President OF the United States, then Mr.
Madison, and the then Secretary OF War, Mr. Craw
iord the authors OF these rules and regulations
and, among others, they established rule which be-
leve have been OF The highest importance, and one
which, n this bill be passed, 1t was nugatory 10
have established then. II the rule which required
that in all having reference to the acts oil The troops
OF the United States the testimony oi the commanding
officer under whose authority the act done should be
obtained, or that ts not being given should be accounted
for.
II very evident that this rule essentially neces
ssry for the government not accountable for the illicit
destruction o property by soldiers, even OF the United
States, without orders the wanton tespasses OF the
soldiers The principle conceded then, and pre-
sumo will hardly be questioned now but II the act was
done under the authority OF the officer IN command IN
the emergencies OF the government will hold Itse
responsible. The testimony of the commanding officer
ii living, made requisite, because he was the proper
person to give such order, but II the party can lie
by for TO- or i5 90, 80 years, until that ofhcer
dead and then forward and tell you by second
ary evidence when that officers testimony cannot be pro-
cured that the act done by his order, u was foy 10
Establish such rule because the remote the trans
action the less the probability OF arriving at the truth
The parry has only lie by in order to get d OF Inc
rule which admitted 10 be necessary and proper
for after a considerable lapse OF ume the testimony OF
the commanding officer cannot be ob'aaned am moi
willing therefore, TO admit this case account OF the
delay or any defect in the application, unless the claim
an, can show that the testimony OF the commanding ofb-
Ger could not have been obtained at the time when the
original petition was presented because regard his es