The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-04-25

name Of Dr Long of Athens Georgia in every place in
the bill where the OF Dr. jackson and Dr. Morton
occur.
] The amendment was agreed TO-
Mr. PETIT desire either 10 make similar amend
men TO ask that the bin shall be laid until o-mor-
row. have doubt myself that another gentleman than
any of those who have been named is The dscoyerer OF this
remedial agent whatever may be- am satisfied that
can show TO the Senate beyond doubt that Dr. Samuel
Guthrie of New York, made this discovery as early
1881 He is dead, but his heirs living and they
have had correspondence with me this winter on the
subject have their letters and the references which they
make TO authorities acknowledging him 20 he the dscov
erer and this acknowledgment is from New England
ask then, that he heirs of Dr. Samuel Guthrie of New
York. shall be inserted in the proper place,
| Mr.. EVERETT have no objection
The amendment was agreed 10.
Mr.. STUART. ! wish TO suggest 10 the senator from
Massachusetts an amendment which think ought TO be
appended to this BILL TO carry its objects The latter
part provides that if il shall appear that any of these
persons claiming the discovery has patent and If the
court shall decree the appropriated to belong to him.
shall be paid 10 him until he surrendes his patent
II win be seen therefore, that this bill proposes Try the
validity Of his patents and matter Of course if the
should determine pay this money any other per-
SON. it would determine the question Of priority of dis
coverythe very foundation Of the patent Hence sub
NIT that the bill should further provide that If the decree
should be in favor of any other person than the paenee
the patent should be thereby annulcd
Mr.. EVERETT have no objection to that
Mr. STUART Then move to amend the bill by add
ing:
Prorded, further, That if the decree shall be in favor
party other than the holding patent for the said
discovery it shall be the duty of the said decree,
further that any patent held by any party the proceed
ings shall be null and void. t
The amendment was agreed to-
Mr. RSK 1t has just been suggested to me that Dr. j.
c. Dickinson claims to have made this discovery; move
therefore TO amend the bill by inserting his name
Mr.. EVERETT. | have no objection to that, though
there general clause which all the claimants
The amendment was agreed to.
The bill was reported TO the Senate amended and the
amendments were concurred in
The PRESIDENT. The question is shall the bill be en-
crossed and read a third time?
Mr.. MASON Mr.. President, do not know much of the
merits of the alleged discovery, but cannot for my life
any earthly jurisdiction in the Senate either pass upon
its merits compensate the alleged dscoverer reco
ect discussion which took place upon it heretofore when
gentlemen entertained different opinions from those
which entcrtain but should regret that it should pass
into precedent without its appearing upon the record
how the vote stood trust therefore, that the Senate will
indulge with the yeas and nays upon the engrossmen
Of the bill
1 The yeas and nays were ordered
Mr. BROWN. Since the yeas and nays are to be called
upon this proposition and TO be required record
my name shall do in favor of the passage of the bill
i wish to say, in single word why | do So That the
government has the right pay for the of patents
for the of things which have been patented under the
authorty of law is established far establish
lit by precedent and risk nothing in saying that in
than fifty cases has The government paid for the Of pat
ents. We have paid Mr. Colt Dr. Maynard Of this city
and various others for the Of patents There many
such eases, which have not in my mind but which
can be established by reference to the records
In this case, after careful investigation of all the facts
in reference 10 it. state TO he true that the government
has for years used this patent without paying the pat
rntee solitary siSpeuce In all your hospitals board
of all your men-owar habtualy during the late Will
Mexico and wherever your army and your navy surgeons
located this discovery has been used without the gov
ernment paying, pretending to pay, in any manner
shape form nythng the patentee That being
hold that according precedent you bound pay
and by the facts of this particular case you are especal,
bound to compensate the paenee for the of his dis
covery.
That the importance of the discovery may be known AZ
ii stands in my mind, win simply remark that for
than thousand years the world has been in search
this discovery At last IL has been made II is the mos
important boon, think, which has been give mankind
for many centuries When the government has taken pos
session Of IL and is using il with pay without compensa
ton and without acknowledgment 10 the paentee, or III
acknowledged discoyerer think ought pay for il
do desire deain the Senate rose merely TO pu
upon the record some justification Of the which in
tend TO give.
The question being then taken by yeas and nays
derng the bill TO be engrossed and read third ume re
sulted-yeas "a, nays l3--as follows
/ YEAS--MesSrs Adams, Bright, Brown, Chase Cooper
Everett Fessenden, Fish, Foot Geyer, Johnson Jones
Iowa. Jones Of Tennessee Petit Sebastian Seward Shields
Sumner, Thompson Of Kentucky, Thomson OF New Jersey
Wade Walker, Weller, and Wright-24.
/ NAlS-Messrs. Allen Atchison, Brodhead, Clay, Daw.
Dodge Of Wisconsin Evans Fitzpatrick Hunter Mason
Rusk Slidell, and Stuart-l3.
1 The bin was then read third time and passed
TO DE CONTINUED