New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-02-16
ALouisfaua Inventor.


Committee on Patents, also reporIad a bill
House of Representatives No. l417) for the
relief of George w. Morse, which was read
q first and second time.
The question was upon ordering the bill
to be engrossed and read third time.
The bill, which was read, authorizes the
Commissioner of Patents to exercise iuris-
diction over the petition of George w.
Morse, tor an extension of two letters-pat-
ent granted to him October %, 1856, for a
further term of seven years from the day on
which said extension may be granted, and
to hear the testimony of the applicant. and
to determine upon the said petition in tie
same manner and with the same effect as =
the original term of said patent, or of any
foreign patents concerning the same inven-
lions, had not expired; and to grant or re-
fuse such extension upon the same princi-
pies otherwise that govern his decisions
upon such applications when made under
the law of July 8, 1870; provided that No
person shall be held liable for the infringe
ment of said patents, if extended, for max
ing use of such inventions since the expira-
ton Of the original term Of said patents,
and prior to the date of their extension.
Mr.. Maynard-ls there any report in this
case!
Mr. Brooks. of Massachusetts, There is a
report, and | request the Clerk to read it.
The Clerk read the report, which states
that the committee find that on the twenty
eighth of October, 1856, two letters-patent
were issued to George w. Morse, one for
improvement in breech loading fire arms,
and one for an improvement in cartridges:
that from the year lS56tO 1861 he expended
annually large sums of money in expert
menting upon, pertectlng, aud seeking to
introduce his inventions into use, but did
not realize theretrOm a sum sufficient to
compensate for the amounts expended upon
said inventions; that upon the breaking out
OF the rebellion he was, and for many
years had been, a citizen of the State of
Louisiana; was the owner Of plantation
and other property in that State, and al
though opposed to dissolution of the
Union, yet as all his property was in the
South, and as the United States govern
ment was powerless to protect him in the
possession of his property, and fearing con-
tiscatiOn in his absence, he remained ip the
South during the rebellion and devoted him
self to the protection OF his property and
the care of his wife, children and two wild
owed sisters, doing nothing with his patent
interests, although the confederate autholii
ties offered to adopt his inventions, and
urged him to take charge of their manutac-
ture at one of their arnOries; that near the
close of the war a large amount OF his cot
ton and some of his buildings were burned
by the cOnfederates, which, with the loss of
other property during the war, left him in
such embarrassed circumstances as to pre-
vent him from developing his said inven-
lions or from realizing anything therefrom
to the present time; that within the time
required by law the said Morse filed his APP
plication tor a renewal of his patents, but
within six days of the time of their eXpira-
ton the Commissioner of Patents notified
the attorney of Morse that an affidavit of
said Morse was required to show whether
facts and circumstances justified him in a b.
senting himself from the North during tie
war; that said Morse being absent failed to
receive the notice of the commissioner in
time to comply with his requirements be-
fore the expiration of the patents. The
Committee on Patents, being OF opinion
that it was through no neglect of said
Morse that his affidavit was not filed. re-
commend the passage of the accompanying
bill
Mr.. Maynard-I would like the gentle
man from Massachusetts, (Mr. BrOOksj to
answer a question in connection with this
case. As l heard the report read, it did
not state categorically and directly whether
this Morse was or was not loyal to the gov
eminent of the United States during the
war. If understood it correctly, it states
that he remained in the South during the
war, and refused to 90 into the confederate
service as mechanic; but it does not say
whether he was loyal to the United States
government or not. As l make out from
the report his application was rejected be-
cause he did not show that he had been
loyal during the war.
Mr.. Brooks, of Massachusetts-I am not
aware that it is at all material whether this
applicant was or was not loyal during the
war. l am not aware that there is any
statute Of the United States or any regula-
ton OF the Patent Office, that would pre-
vent man who had been at the head of a
army during the war from
coming here at the present time and getting
a patent renewed.
MIR. Maynard-That was not the point of
my inquiry.
Mr.. Brooks, of Massachusetts-I am COM
ing to your question. The facts are these
This Mr.. Morse had been an inhabitant of |
The State of Louisiana for great number of |
years--sOme twenty or twenty-five years. |
In 1856 he invented what he supposed to be |
an Improvement in breech-lOading firearms,
and also an Improvement in cartridges.
He was for number of years getting his
III movement perfected, and in 1856 letters
patent were granted to him. From that
time up to the breaking out of the rebellion
ne was engaged in perfecting and getting
lis invention into use. Upon the breaking
'ut of the rebellion he was left in this way:
he had held Office in the State of Louisiana;
le had accumulated considerable property:
re owned valuable plantation, and his
wife, children and two widowed sisters
we're there. At the breaking out of the
ebellion he was a loyal man. He regretted
he steps that were taken for the
dissolution of the Union: but at the
reakng out of the war, for the purpose Of
protecting his property from contiscation
nd taking care of his wife and children
nd others dependent on him, he went back
D the State of louisiana He was during
he war a loyal man. The confederate au-
hOrities, knowing that he was good me-
hanic, and that he had this invention in
re arms, came to him and tried to induce
i'm to 90 into their manufacture, and take
ne charge of one Of their armories. This
e refused to do. Near the close of the war
e had large quantity of cotton, a cotton
in house, and good deal of other prop
rty burnei by t e cOntederates, to prevent
getting into federal hands; and, with
ther property lost, he was left, at the close
the war, in almost a penniless condition.
IS soon as he was able. after he had re-
rieved his lost fortune somewhat, he came
o Washington, and within the time re-
ulred by law, filed his application for an
XtenslOn OF the patent, and supposed he
ad complied with all the requirements of
he law, and that it would be all right.
'ut within six days from the time the
atent expired, his attorney was Motif d
hat the patentee must make his affidavit
living some reason why he absented
imself from the North during the war;
he Commissioner of Patents, 1 suppose,
ut it on this ground; that if an invention
Ike that was a valuable one, if it had re-
NAMED at the North, he might have made
sum sufficient to compensate him, and
ad no need to obtain an extension. and ba |
'anted him to file an affidavit giving some
easOn why he absented himself from the
IOrth during the war. He was absent.
Lis attorney addressed q letter to him at |