Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-04-04

Z
VI " pieces with unreasoning
hands Arkwrights spin
Nh MADISON ming machine and looked
with derision upon Fitch's steamboat. the
inventor has been the staple butt of the
witty and a sufferer at the hands OF Outrage
Gus fortune" But his pathway has been on
ward and upward. Proud be the United States
that il was quick to secure to him his property
in his invention and to erect TO his use a build
ing-distinctively the first OF its kind in the
world-which Is alike a monument to his
genius and . credit and glory to the age and
the nation.
To England belongs the distinction Of first
granting patents for inventions, and our
English forefathers brought over the idea with
them. and very soon after their arrival put 1t
into practice. Scarcely fourteen years after
the landing of tine Puritans the general court Of
Massachusetts Bay colony began to grant pat
ents- Connecticut appears TO have granted the
greatest number of patents 1t is not neces-
sary and would be tedious to mention by name
the different colonies and their grants. How
ever il may be said that in a number OF the
grants may be found ideas which lie at the
foundation Of many of the great manufacturing
industries of the country.
PATENTS By STATE GRANTS.
After the colonies had become free and indie
pendent states they each granted patents. just
x
were based on petitions to the general assem-
blies and contained the title and brief de-
scription Of the invention, and were usually
eompanied by a model. and in some insts noes
by drawings. The petitions were referred to a
committee appointed for that purpose. who
conferred with the petitioner. examined his in
vention and reported fayOrably adversely.
and patents were granted for such terms Of
years as the comparative Importance of the in
'entions merited, in the opinion of the COM
mittee-
CONSTITUTIONAL POWER TO GRANT PATENTS.
When Mr.. Madison and Mr.. Charles Pinckney
each submitted to the federal convention
proposition to give to Congress the power to
grant patents for inventions it was agreed to
without a dissenting vote. In a short para
graph in n paper in the FstierdIist Mr.. Madison
gives true and comprehensive reason for the
delegation OF such n power to Congress. He
wrote as follows: The utility of this power
will scarcely be questioned The copyrign of
authors has been soleInnly adjudged in Great
Britain TO be right at common law. The right
TO useful inventions seems with equal reason to
belong to the inventors. The public good CO.
incides in both cases with the claims of the in
dividuals.
The states cannot separately make effectual
provision for either of the cases. and most of
theLl have anticipated the decision of this
point by laws passed at the instance of Con-
gress-"
SO far as can be learned these gentlemen had
no particular fondness for the sciences and arts.
and doubtless they were prompted to submit
their propositions to the convention simply be-
cause they deemed it Just and wise. as a ma
tonal policy, that the federal government
should promote the progress of science and
the useful arts. and do il in this wav. OF Mr.,
Madison and his career tie whole world knows,
and though Mr.. Pinckney fame was more con-
fined he withal a brilliant and GIslin-
guished revolutionary patriot; member Of
tie provincial congress. governor OF South
NJ min lr.r to 80 10
ardent republican and an intimate follower of
Jefferson
THE FIRST PATENT LAW.
On April IS, 1883. in the first session Of the
First Congress. David Ramsey and John Church.
man each presented petitions praying for o law
To secure % them an exclusive right to their
WORKS These petitions we're referred to a COM
mltiee appointed for that purpose. The com
mittee reported fayorably. and Immediately
after tie report another committee was APP
pointed TO bring in bill making general pro-
vision for granting patents A bill was accord
tngiy reported. but for want of time its con-
sideration was postponed until the next SEES sion.
These particulars are given at the risk of be-
ing tedious because they contain the trst steps
taken in patent legislation in Congress.
The ACT OF 1880.
Atthe second session Of this Congress a bill
vas passed providing for patents Under its
provisions the inventor was required to ad-
Secretary OF War and the Attorney General,
PRAYING for patent for his invention. IL thcy
Ceensd the invention -.su.Iicleutly useful and
important they ea1sed patent fer = term Of
fourteen years 10 be made out therefor. The
patent issued under the seal of the STATE
Department and was signed by the Attorney
General, It's Secretary OF State and the Fresi-
dent The cost Of obtaining patent was about
81. which paid 10 the clerk in the State
Department for writing il oct. The first pat
ent issued was 20 Samuel Hopkins, July 81,
lISO. for making pot and feGrl ashes. l. was
signed b. George Washington, President;
Thomas Jefferson, Secretary Of stste. and John
Randolph, Attorney General Some several
Year, ago the Secretary OF tie Interior urgently
Teeonmcnded Congress to purchase this
ssc3el 4: patent, but without avail
TIE ACT OF 1888.
The law Of 1870 did not suit = number Of
inventors. IL seems that the three high Off
eials TO whom The petition for a patent was
made had TO examine the merits of the irsven-
ton in order TO inform themselves whether they
deemed il sufficiently useful and important TO
cause patent to be made out and the results
OF this examination we're often against the
cherished hopes Of the petitioner. lie, being
disappointed. blamed alike both the law az its
methods and sought 10 have them substituted
by something more 20 his taste and bias. He
got II IN the law Of 1898. IL did not require
anything more than petition, and the patent
was caused to be made ont b. the Secretary of
state a matter of course. As a check TO tax
ing out patent for thing of which the petit
toner was not the original inventor be hld 10
make oath that he believed himself to be the
first and original inventor Of the device. II the
debate on the bill preceding its Enactment a
motion made 70 have the petition addressed
To an Official called thedireetor Of patents, but
the motion was lost. owing TO the fear OF the
members that IL would neeesSitate another
ofYee and salary. In view Of the fact that Gr.
Madison was a Representative In Congress
from 1850 20 1877 il seems passing strange that
he did not take some part IN the Legislative
proceedings that related TO patents for irven-
lions, but the Journal VI the Aouse shows not q
oESls word from him ON he subject