, 1860-08-10

The extraordinary i'll luck that haunts the
Great 4steru seems about to robe itself in the
erm,pe OF the Law. No libel has Jet been issu-
ed TO chain her iron sides to our wharyes. but
from the pub ished letter of Law htm in this
city. il you'd Seem that proceeding, are beiog
rapidly taken to mulcs her owners in the cou-
siderable sum Of $4,000, for an alleged viola-
ton oi our patent laws.
The communication directed to Capt, Hall re-
coKnises the ruling in the leading case Of Browa
-. y eae'nt, "that the pasent laws Of the Uu1t-
Cd Staten are not extended over foreign vessels
visiting our ports, so ~ to affect the structure
or equipment wh:ch they bring hither," and
"that the rights of property and exclusive use
2r4nted To a patentee do not extend to foreign
vessel lawfully entering ore Of our ports. Tie
use Of such impro. ement ia the construction.
ftt,aE out, or equipment Of sueh vessel while
she is coming into or going out Of port Of the
United States is not IN Infringement of the
rights Of IN American pstentee, provided it
WAS placed upon her in u foreign port, aud su-
tho1'zed BY the Laws Of the cuuniry to which
sue belongs"
But in The present Gaze, the assiguees Of tie
natent, ~lalncd 10 be 1nis,nged In the Crest
EAstern's arrangement Of her notire rower.
insist That when the took out coas.ing license
aud started On the excursion busiue s., she lost
her foreign character, which was her sale de-
fence against recovery to be sought in our
courts, aud that shs il now liable in damages
lQI III infringement u CUT patent [ATS.
The pnseot which is the basis Of this form;
dab!e proposition, was granted March Il. 1s4s.
aud secured to James Eioathan Smith, Of Green
port, New York, the sole right Of the combined
use of slde-wheels and ateiu screw in tho nro,
puls:on of steam vessels.
A. hrst it would tcem almost incredible that
any one should even have asked for patent
upon 80 very simple aa idea, but the cotnmis-
siouer probably found his au,bority for issuinr
his seal in "the second part Of the invention.
which consists IN placing the paddle. heels'
when used IN the combination With the pro,
pel!er or prope lers at the stern, forward Of The
o.ntre Of gravity Of the Vessel 80 that portions
OF the action Of tie paddle."heels thus placed
may hare the ELECT to partly lift the bow of the
vessel, while ths propeiers q. the stern exerts
all its action to lmrel the veEzel fQrHArd.''
From this specification it would seem 6, it
thtre was strong case against the "bip sbip. ;"
and thai there is prospect Of additional regret
on the part Of her directors that they pat her
m. IN ahe eoas'1ng tiade. Ard Jet, although the
@elt oLce termed "prox}ing ass,Rsee." We
oannos entirely yield our synpau.sea to her
oxners. The plaint,f charges that the inxrn.
ton Vas offered to Bruune1l L Stephenson long
before they decided upon the system Tor hrT
motive power, and that It met With the usual
EnRllah criticism, Of being "impraclcable. -
Bur it tuose distinguished engineers were h.,tv
in that judgment, and we're afterwards glad to
adopt the present combination. It would surely
have been meguanmous for them to have rec
| oguized the source Of that part Of their inspra.
! tion. American genius made the first stearn.
boat and gave it TO Britain and the world. and
it is mora than likely that this happy land re.
! masksbly obv'ousl suggestion for rowing tbs
laEiathau comes from an American brain. h
! 10, We eau hardly quarrel with tho as.ute coun
sel who appear 10 hase discovered sn effec,u
method ct illustrating snd riodcating, with
legal certginty, our contributions to thus great.
eat aedieTmsnr Of modern akul-N r, World