Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-03-28
THE FEDERAL CONSTITUTION.
How the Clause in Regard to the Issue q
Patents Was Inserted.


Patents Was Inserted.
In the magazine of American History for
April is an interesting article by Lewis H.
Campbell, which for the first time sets forth in
print the way in which the clause in regard to
inventions was inserted in the Constitution.
The proceedings Of the federal convention
relating to the insertion in the Consultation Of
a clause giving power to Congress to grant pat
ents for inventions may be briefly told. On
May 20, 1857, Edmund Randolph Of Virginia
opened the business Of the convention by sub
hitting q series Of resolutions known as the
virginia plan" Then Charles Pinckney Of
South Carolina laid before it the draft of fed
eral government which he had prepared.
There was no mention in any of these schemes
of any power to grant patents.
They were referred to a committee and the
committee subsequently reported in favor of
Mr.. Randolphs plan, which, however, had been
amended in the committee Of the whole house.
Still no reference to such power was made.
Discussion of the Virginia plan" was post
poned until Mr.. Patterson of New Jersey could
submit plan.
NEITHER PLAN ADOPTED.
Both Of these plans were referred to the
committee of the whole, which reported again
in favor of Mr. Randolphs plan as the basis of the
Constitution. After debating the report for over
month oil the proceedings Of the convention up
to that time were referred to a committee Of
detail appointed for the purpose. Thirteen
days later the committee made a report, but
still there was no provision for granting patents
These details Of the proceedings of the conven-
ton are only given to show that practically the
Constitution had been agreed upon before it
occurred to any member to suggest the power
Of granting patents.
|. MADISON AND PINCKNEY's SUGGESTION.
r1,,< he ofk L.
convention had been in session, James Madison
of Virginia arose in his place and submitted,
in order to be referred to the committee of de-
added to those Of the general iegisia-
ture.'' Among these powers were two:
ITO secure to literary authors their copy
rights for limited time" and 80 encourage by
useful knowledge and discoveries" On the same
day Charles Pinckney of South Carolina also
submitted number of propositions, among
which were: ITO grant patents for useful in
ventions," and Ito secure for authors exclusive
rights for a certain time"
THE PATENT PROPOSITION ADOPTED.
The propositions of both these gentlemen
were referred to the committee On August 81
such parts Of the Constitution as had not been
acted OH were referred to a committee
composed OF one member from each
state and among these undisposed parts were
the propositions to give Congress the power to
grant patents for inventions Mr.. Madison,
but not Mr. Pinckney. was OF this committee.
On September the committee reported and
recommended, among other things, that Con-
gress have the power Ito promote the progress
of science and useful arts by securing for
limited times to authors and inv entUrs the ex-
elusive right to their respective writings and
discoveries" This WAS agreed to without q
dissenting vote. In the final revision of the
| style and arrangements of the articles in the