Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-05-12

WARRINGTON, May 10, 1870.
MEssRs EDIToRsi Woaro Informed through
your valuable newspaper Of to-day that Mr..
Morrill,, Of Vermont has presented a rosolu-
ton In Congress, and that Senator Sumner
had stated that he would Introduce bill to
the same effect to amend the patent laws, so
that the free use Of every patent hereafter Ia
sued shall be retained for the use Of the Gov
ernment In all Its departments, without COM
pcnsating the inventors. We protest against
their authority to do so, and we refer them to
the 9Th section Of article ] Of the ConstItu.
ton Of the United States, which expressly de.
claresi THE Congress shall have power to
promote the sciences and useful arts bV sectiJ,-
ing for limited times 10 authors and inUentOrs
NE exclusive right 10 their respective lcriiiRgs
and discoveries" and no law Of Congress,
Legislative enactment or municipal act can
be established to abridgo that provision Of the
SOnstltutlon (by any pretenCe whatever) that
has dictated and granted 'he exclusive right
| Those words are too plain to be mlscOn-
| strued.
The original copyright and patent laws
| were by a wise Congress made In obedience
to this clause Of the Constitution, giving to
authors, Inventors and their Representatives
| or Assigns 'ps sOLe right and liberty of print
ing, re-printing publishing and vending
their books, and tho full and ebolusiUe righl
and liberty Of making, using and vending
their inventions, notwithstanding American
| authors, patentees and their assigns are de-
| pTived Of their 'eIciIsipe rights" United
| States Government revenue laws, State, county
and municipal act Of taxation have been
enacted, onorOus and oppressive eNtOrtiOns.
| Authors or inventors cannot travel from STATE
10 State, county to county or city to city
TO sell their books or inventions without tISt
| hatrsr al a., 4
| trict and that tax usually amounting to moro
than the profits they night or might not real
| iZo upon their sales; for they In many Of those
| districts fail TO make single sale; by which
| impOsltions their "eIcluSibs rights are not
merely abridged, but arc positive prohibition,
of the sales Of their books or inventions thai
| embOdy their rights"
We deny that the inventions or books Of
Americans can he subject To prohibitory taxa
| ton In any shape, form, Orpretence whatever
for when authors or inventors are thus
abridged or prevented In the 'e1clisiDe rights
to yend their productions, the whole people
suffer. To prevent the sale of books Ia a relic
of barbarian, and to tax the means of diflus
ing knowledge (under any pretence) Is dis
| grace to the nation that will tolerate II. Tho
wise trainers Of the Constitution were homes
to tho people, and they understood the trut
policy, and they framed this clause of tho
| Consultation TO project authors and inventor,
from any hinderancc whatever. Protection
was due to them In point Of justice and the
public good requires It. for by that protection
! they encourage the enterprise that lend,
authors and inventors forward to success. II
Congress can make a law giving to every de,
partment Of tho Government the right to ust
all the copy righted books and all the patented
| inventions, the same unconstitutional act,
| would give themselves and all their friend.
the same privileges; then we say may God
| bless all the benefits that might remain for the
authors and inventors
Very respectfully, J. FRANKLIN RErGART.
An Author and Inventor.