The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-15
COVGR tsSiONAL.
DEFERRED DEBA rE.
FRIDAY, MARCH 10, 1854.
sENA TIE


II aEoRaE O. BISHOP.
4 The Senate proceeded, as in committee oi The whole
AOthe consideration OF The Senate bill No l5i, for The
ei OF George g. Bishop and the legal representatives
tJohn Arnold deceased.
Il drecis the granting u letters. patent 10 the petition
sts for and useful Improvement in a machine lo
forming web OF colh OF WOOL hair or other suiiab,
material. without spinning weaving extending sale
pateDlsone dated July l5 1920 and the other Oeiobe
I20 lS36ouIteen years from and after ,he passing OF h
Iact.
Mr. ADAMS called for the reading OF the report, which
was accordingly read.
/ The committee are OF opinion, from the specimens
which were submitted 10 them thai u .s highly probab,
that IN The OF time cloth be made both cheaI
and durable Blu, the experiment ia new ard requires
lime 10 deveop the The paientees have thus
lar been unsuccessful in realizing adequate
on and me period OF lime that The patents have now 10
run offers no inducerent to purchasers The process
will in time, If osered, into competition with
1 ven tabrcs, and cheaper them.
II Mr.. BAYARD Mr. President, shall necessarily be
compelled against this bill, from any parlicu
lar objections 10 The patent which is intended 10 be
by IL bnl because prncplel think that the Con-
gIess Of the United States body untitled nd incapaca-
decide upon this silon of the renewal OF patents
The constitution Of the United States grants Congress
the right pass laws for the purpose OF securing pryi
eges to inventors OF machines aud other matters of gen.
eal utility to the country, and ha, is the basis upon
which laws ought to be passed These laws should be
general laws, and you have passed such laws. You have
determined that your rule shall be grant oil fourteen
years; but if, whin that period OF tme the party sha
not have made. by no fault neglect OF his own, suh
enl remuneration Tor the benefit 10 the public OF The dis
covery he entitled, application judicial authority
10 have examination Bo the fac,s hy eI parts
hear ing, such you have before committee but
Elimination founded upon public notice by authority OF the
patent laws when all objections and allegations in refer
to the invention are properly considered and after
fair judicial inquiry. with the right OF appeal secured il
the palenee establish The main tact material TO the exten
sion OF his pnenio wit, that without his fault or ne
gec the discovery has been by unavoidable rendered
useless 10 him, while one OF great public ullityun
der these circumstances bis patent allowed 10 be
tended for seven years Now, If il be true that this pc
nod OF time is not sufficient TO cover your a,en
alter, reform, or remodel your general laws III they are
wrong make them fight will 60 far any to
secure 10 Inventions well suhGrs such eyenoon
Of their right as does not trench upon counter rights OF
the pabc. am willing to give them all the benefit they
ought 10 derive BY way OF monopoly from their lhven-
lions. do not object 10 the exclusive for limited
period o time. That IS what the constitution contem-
plates, because looks to the great principle that the
why you give exclusive use TO The party is that he
has conferred upon the public benefit ty hs discovery.
II, then, after you have granted patent for fourteen
years. which you suppose 10 be The original period for
which the benefit may be derived by the inventor, and
you add another period OF seven yeats for all excepted
requiring the party TO appear before the propertr-
una Tor the purpose OF establishing his
pted dnr, Why introduce special leg salioni Why
ierake examine by of committees of the Sem
se on one-sded statements and sr parts andavts mat
ers in which Individual interest stands arayed
Ate and Unprotected public interest on the oiheri fos
baye ibe evidence all SIDE and IN political body
constituted as The Congress OF The United States is, Is
impossible, the nature OF things, that either Congress
Of the COMMITTEES should nsttute such judicial inquiries
would be reasonably expected to secure justice be
tween the public and the inventor Your committees
NEE, al ten eleven O'Clock in the morning and s
Oftwo hours. Now, TO investigate question OF this
kind necessary into full and careful quiy
no the fact whether the party is entitled to renewal OF
HE patent, whether the extension, granted would give
Use 10 litigation to interference with other previous
patents. All these matters should be inquired in,o and
under Jour laws tue question goes before the proper tn
bunal alter ful notice. And yet you supersede all thai
BY special legislation aod upon parte statements sui
Ter party come here, and II no one happens TO OBJ
that such patent is about 10 through, II is sue
cessiu and Obtained upon the mere statemen, OF the
party.
Now sir Tor my own part, | will never sanction a
course OF this kind believe This special legislation is
be and bane OF this county IN almost every case
ihet arises Or course there excepons TO all rules
but as general rule shall always oppose special ees
laton in reference what clearly matters OF Iudi-
eial inquiry. What is the prlnclpe-ior this is matter
OF JUDICIAL inqniry under your constitution well
as every State constitution The great, or the most i'm
potant principle is that the exercise OF Judicial and
legislative functions should be kept separate There is
not Stale ia the Union that does not contain such pro-
vision III exists in reference 10 the organization OF The
government under the federal constitution; and yet you
are ampng that principle under loot when Iou under
take here particular case oil an lndvld
ual paentee with view 10 a renewal OF his patent For
my own parl, cannot sancuoa action OF this kind and,
without making the slehest oblecuon-wiihoui going
into any inquiry the merits OF this particular Case
Il seems TO that II this party has right TO renewal
of his patent, he may before The proper tribunal and
obtain IT. Ii he has failed 10 obtain renewal, am not
tribunal appointed Tor the purpose OF protecting bis rights
H. IRON any circumstance which we cannot account Tor =
which almost invariably Is by his own negect-he has
chosen 10 place blmse in position where he cannot
avail himself OF an application TO the proper jsdcal ui-
buna that is his isu and the public have their rights
as against him
intended 10 have cited some authorities, which might
have Their influence upon the Senate when This question
OF the renewal OF patents should come np VIII not
pursue this further now but viii lake occasion
hereafter 10 show more distinctly and clearly TO what
abuses The system OF egsatlon, hcb involves
the consideration OF the application OF particular pa.
enees must give rise, reference 10 the action OF po-
ca body will attempt 10 show that u Is clear vio-
alion OF the principles OF the federal constitution, be-
cause IL is an assumption by the Legislative branch OF the
government OF the duties that belong clearly and unques-
iionably 10 The judicial branch OF the government.
Now, sir in saying this, do not say that your patent
laws do require revision thlDk they DO, aud |
have entertained that opinion Tor some time. think
there remedies that the paientee ought TO be en-.
titled to. which he at present has not VIII mention
one think The paentee ought to have the right when
ever his right s iDnnged by another 10 some proceed
ing in law equity, according 10 whatever mode you
may prescribe, By whch--upon giving public notice IN
all lhe ces oil the Un,on that everybody who chose
should have the right 10 in aud become party de.
fendana hna could be had upon the case, estah
sbng or rejecting The validity OF h's claim Then the
inventor would be iel 10 The result OF bis single snt IN
all foture Inriug gemens and his right was estabiished
all he would have to do would be TO prove damage be
nnorred from the infringement But The evil every pa
lenee abors under ss that IN each individual sun
he obnged fight his whole baue over again. ana
exhausted of their resources, and heil
earnings reduced TO nothing, by reason OF the continual
prosecutions am willing, therefore, 70 sheld the iSh's
OF inventors and facilitate them by general lawe- nay,
sT, will 20 further believe the purposes OF lnstce
he 10 vpntpT and the public would