The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-11

/
and Office says that IN he upper peninsula OF Michigan,
in Wisconsin, AEkansas and also in The States OF Ore
Ron aud California; as well as 10 New Mexico and Utah,
there large districts OF country that could not be
yeyed without ithe thing could not possibly be done
Here certificates from the surveyors in the Lake Su-
peror country and from Professor John Locke of Bos
ton who says hat not only did the needle vary IRON the
meridian, but he had seen il absolutely pointing south
that was IN the ordinary compass As stated, this man
asked the Commissioner of the General Land Once TO
certify whether one mill upon acre ought not 10 be
pad TO him tof all the land that could mol be surveyed
without his invention, and TO recommend that 10 Con-
gress But the Commissioner says that what has al
ready been done would give him nine thousand dol
lars al that rate and this is but the commencement He
therefore recommends that Congress should pay him
fixed sum, not only Tor the past for what has been done
already, but for the OF the compass for all time 70
come And Mr. Burt in consideration OF this sum- will
withhold any claim for a renewal OF the patent for his
Mr. EVANS. Is The patsnt out
| Mr.. STUART. The first patent for the old compass
has expires @ and under that be got only eighty dollars
/ Mr.. STUART No, sir wish TO have it under
stood that the renewal of the patent would put the gov
ernment entirey his mercy; but instead OF that he
only asks for small compensation TO be given 10 hm by
the government for the OF the invention, il is the
government that will derive the principal benefit from IT,
| Mr.. ADAMS. If the senator will allow me- wish TO
ask question two | understand this compass has
been used for surveys heretofore Now, wish 10 know
whether that has been in violation Of this mans patent
or with his consent and with his consent. and the
government has been subject 10 his mercy in the use OF
II, how does happen that up TO this time he has never
| realized but eighty dollars Out or III ]!
/ Mr. STUART understand this 10 he the fact. His
patent expired in 1850 and most of the surveys OF this
land TO which have alluded have been made since that
time. Now this is the question which he determined in
his own mind whether he would ask TO have his
patent renewed by Congress, ask for compensation for
the use OF by the government II is stated by the man
ufaciure that under the original patent this inventor got
but eighty dollars; the chief use has been since The ex
Mr. DAWSON. Iii only the principle involved in
this that induces to say anything upon the sub
Iieci This solar compass has been patented under
laws authorizing patents to be issued Ii belongs to
Mr. STUART. The patented compass, would say to
the senator, which involved the original principle, ex-
pIred in 1850 The improved compass, which IS the one
NOW in use and which does work that be done with
no other compass, is this compass;
Mr DAWSON Which he had right to patent.
/ Nr STUART Which he would have had right TO
patent
i Mr. DAWSON. Yes, sir would have had, but has
not patented. Has he not right 10 patent it,
! Mr. STUART. The senator from Georgia must know
that the patent laws have permitted the use OF this pa
tent for such length OF time would not allow the
inventor 10 patent again under The general laws but he
would be obliged 10 to Congress Tor patent.
MI DAWSON That is what / understand We are
In the habit of granting patents In all cases similarly sit
uated Now, 1t is said we have right 10 buy this in
strument because is useful That is very great prn
lcple indeed, establish Ali patents useful to some
persons and if they exclusively useful TO particular
individuals, these individuals necessarily have to pay
high prices for them the demand is not very great for
them in the market Now, is alleged that this patent
is valuable the United Statesvaluable for the sur
Bile So is all the machinery connected with surveying
valuable. Many OF the instruments ased for that pur-
pose paenls and they go into the hands OF our sur
yeyors Upon the ground OF usefulness then, II we es-
absh this precedent every patent necessary 10 carry
the machinery OF the government must be purchased by
the government.
ment TO the United States upon the payment OF Sl5 600
know is needless suggest constitutional question,
and ask where do ge, the power TO purchase these va
rous Inventions, when the constitution prescrbes pre-
csely how they 10 be protected IN The hands of ndi
viduals, and never contemplated that the government
should become the common purchaser. But do think
we bad better pursue the old course and if our surveyors
want this compass, let them pay the market price for
it. II the government desires TO purchase any one OF
these passes, let pay the price for 1T, and not be-
come the common purchaser oil particular or special
right OF an individual II is opening gate, we cannot
tell how wide, nor can we tell what consequences Will
| follow. VI. ..
Upon the same principle the government has been
asked to pay for the of sulphurc ether, and you
might 90 and purchase the reaper and many other pat
ens upon The same principle Theyare vastly useful to
certain seconc Of the country and so might say OF all
patents that are al all in II comes back then, 10 a
question OF policy. We have surveyed all the lands
within the limits Of the United States subject 10
troll thus far without any or difficulty that
have heard of ia The variation of the compass,
which has existed through every period since It's discov-
ery and think we had better suck 10 the old policy.
One step out OF the true line OF policy leads TO many
more. We giving more outlets TO the appropriations,
and making the government purchaser OF articles which
the constitution never contemporaries policy whhh my
judgment cannot approve. ! have no doubt what the
relation TO the patent Is True; that IL rs
exceedingly valuable; but, at the time, maintain
that the better policy Is TO pay the price for the nsru-
meuts which surveyors want 10 and If the ind
vidual who invented the instrument has lost the benefit
Of his patent by his negligence we will allow him
to revive IT, He has placed himself IN this condition by
his own mismanagement, and not responsible tor
his loss For one. do not desire 10 to establish this
precedent. nor do think we ought to.
MIR. EVANS. | understood the senator from Mich.
gan TO say that this man had renewed his patent
Mr.. STUART. No, sir.
/ Mr. EVANS Did he renew his first patent9
MIR STUART. The senator misunderstood me. |
said the patent expired IN 1850.
i Mr. EVANS Did be not get a renewal of IL :
Mr.. STUART Never. ] said the question with him
was wheher he would ask for renewal OF the patent
with the improvement, the effect OF which would
be to place the government OF the United States, so
far the survey OF the mineral lands concerned,
at his mercy because without this instrument, the
Commissioner OF the General Land Office says they
not be surveyed whether he would offer the of il
TO the government and ask to give him some small
compensation for this very great benefit stated, as said.
by The Commissioner, have already exceeded SO 600
should he very glad II The thing left TO to take
law OF Congress to extend this PATENT and would rather
do so than take this tum, or ten times this sum.
Il Mr. EVANS He can have his patent
The question being taken by and nays ordering
the bill to be engrossed, they soodyeas IT, nays To-
as follows:
i YEAS-Messrs, Atobison, Brown, Cas', Chase, Dodge
1of Wisconsin, Everett Foot Geyer, Hamlin Jones OF
Iowa, Seward, Stuart, Sumner Thomson Of New Jersey.
/ Wade, Walker, aud Weller--I7
/ NAlS--Messrs. Adams. Dawson, Evans, Ftsh, Gwn,
Jones OF Tennessee Mason Nons Petit Rusk Sebastian,
Shields Sideu, Thompson Of Kentucky, and WilsamslS
SO the bill was ordered 10 be engrossed.
i MIR NORRIS objected TO its being read third time