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the requirements of a treaty stipulation came between the United States Government and a rebel States; which was read twice by its title, within their province.
foreign Government that would deprive a State referred to the Committee on the Judiciary, Let me, however, to illustrate, put an addi of any portion of its territory. But when the land ordered to be printed. tional question, growing out of that instance, United States stipulates to make good the title
AMENDMENTS TO APPROPRIATION BILLS. to the honorable Senator from New Hamp: to the ceded country to Great Britain-and this shire. Suppose in that treaty Russia had said can only be done by procuring the consent of
Mr. FOWLER and Mr. HARLAN submitted that she would quiet all titles, as in a certain the State of Maine and the consent of the cit
amendments intended to be proposed to the sense she did say, which her citizens might izens of the State of Maine who owned the
bill (H. R. No. 818) making appropriations for have, or rights in the fisheries, and suppose land that was ceded—I cannot conceive the sundry civil expenses of the Government for interchangeably the United States had said least difficulty in assuming the position that an
the year ending June 30, 1869, and for other that if any American, squatter or otherwise, appropriation to pay for that land is an appro
purposes; which were referred to the Comasserted any claim there, that should be ex: priation in execution of a treaty. I do not
mittee on Appropriations. tinguished, would the honorable Senator say think there is any room for doubt at all.
EXECUTIVE SESSION. that because that treaty had been consum I think it is in two senses a proper proposi
Mr. SHERMAN. I now move that the Sen. mated, if some citizen came here with a griev tion for appropriation. In the first place, the
ate proceed to the consideration of executive ance saying, "I am one of those cut off by treaty is the supreme law of the land, and is this treaty stipulation ; I am one of those made so by the Constitution itself. In that
The motion was agreed to; and after some deprived of what I otherwise might have bad; sense the treaty is the law of the land; and and therefore I ask recompense from my supe
time spent in executive session, the doors were this being in the course of the execution of the
reopened at five o'clock, and the Senate took rior, from my Government, which has over treaty is necessarily in the course of the exe
a recess till half past seven o'clock p. m. slaughed my rights," would the honorable cution of the law. I do not think there can be Senator say that an appropriation to ratify any reasonable doubt about the proposition such a claim would be in pursuance of a treaty that this is a plain proposition to appropriate
EVENING SESSION. stipulation, controlled and provided for by it, money in the execution of a law of the United The Senate reassembled at half past seven so as to fall within this rule? Certainly he States, and is not proscribed by the rule of the
o'clock p. m. would not say that. What would he say? He Senate which is relied upon to bave that effect.
EXECUTIVE COMMUNICATIONS. would say, "Upon general principles of ethics, Mr. SUMNER. I wish to make one other upon general principles of good faith between brief observation. It seems to me that the
The PRESIDENT pro tempore laid before the Government and the citizen, here is a ques. rule of the Senate should not be extended
the Senate a letter from the Secretary of the tion of recompense arising which ought to be beyond its natural import and signification. | Interior, transmitting a copy of a communicainvestigated; and if it is true that the Govern It is a rule in restriction of the business of the
tion from the Commissioner of Indian Affairs, ment, in its march toward this treaty, has trod Senate and in restriction of the rights of Sena
asking an appropriation for the purpose of pay. deu down the rights of a citizen, the Govern tors. It should, therefore, be construed liter ing the extra and temporary clerks that are ment will pause and stoop and repair those ally, so as to restrict as little as possible. Now, || absolutely necessary to carry on the business of rights which she has incidentally injured or I insist, that in the absence of any specific | the Indian Bureau for the fiscal year ending destroyed." That is what he would say; but phrage in this rule applicable to a State, the June 30, 1869; which was referred to the Comhe would not cay that it was subject to a treaty rule cannot be applied to the claim of a State.
mittee on Appropriations. stipulation, controlled and provided for by it. I insist that the claim of a State, in the view
He also laid before the Senate a letter from Mr. PATTERSON, of New Hampshire. of Congress and of its rules, can be in po sense
the Secretary of the Interior, transmitting a The Senator asks me a question. I would say a private claim. I may be wrong in that; but
copy of a communication from the disbursing that the treaty could not be carried out in full
I cannot see
the point otherwise. But, sir, I clerk of that Department, relative to certain until the party by whose authority these grants will say nothing more,
reductions from the amounts estimated for in were to be made good had purchased the right The PRESIDENT pro tempore.
the legislative, executive, and judicial approof the party possessing it previously. amendment under the thirtieth rule of the
priation bill, now pending before Congress; Mr. COŃKLING. 'If it is put upon that
which was referred to the Committee on ApproSenate in order ? ground, that runs into a discussion of the merits
The question being submitted, it was decided | priations. of tbis case; and when we come to them I in the affirmative-ayes twenty-five, noes not
HOUSE BILLS REFERRED. think the Senator will need all his ability and counted.
The following bills, received from the House ingenuity to vindicate the propositions, first, The PRESIDENT pro tempore. The ques of Representatives, were severally read twice that the State of Maine owned this disputed tion now is on agreeing to the amendment. by their titles, and referred to the Committee territory, the object of the treaty being to de. Mr. BUCKALEW. Mr. President
on Private Land Claims: termine whether she did or not; and, second, Mr. SHERMAN.. As the Senator from A bill (H. R. No. 1343) to confirm the title that the State of Maine as a State, or the peo- Pennsylvania desires to speak on the amend to certain land to the Pueblo of Santa Ana ple of Maine as a community, had a right to ment, and I wish to have a short executive || in the Territory of New Mexico; interpose and say, “ We arrest the execution session, I will submit the motion.
A bill (H. R. No. 1344) to confirm certain of this treaty; it is not completely executed
private land claims in the Territory of New until we release our citizens.'' I think both
MESSAGE FROM THE HOUSE.
Mexico; and of these propositions will need as able a defense A message from the House of Representa A bill (H. R. No. 910) for the relief of the as my friend can give.
tives, by Mr. Clinton Lloyd, its Chief Clerk, grantees of Ann D. Durding. Mr. PATTERSON, of New Hampshire. announced that the House had passed the fol. The bill (H. R. No. 1131) regulating judicial And to dispute them successfully will need all || lowing bills, in which it requested the concur. proceedings in certain cases for the protection thegenius my friend from New York possesses. rence of the Senate:
of officers and agents of the Government and I think the treaty cannot be successfully car A bill (H. R. No. 910) for the relief of the for the better defense of the Treasury against ried out until the Government pays the State Il grantees of Ann D. Durding;
unlawful claims was read twice by its title, and of Maine for private property it took from her A bill (H. R. No. 1131) regulating judicial referred to the Committee on the Judiciary. for the purpose of consummating the treaty, proceedings in certain cases for the protection The joint resolution (H. R. No. 321) in relaand it could not have consummated the treaty, of officers and agents of the Government, and tion to the erection of a bridge in Boston harcould not have secured the assent of the com for the better defense of the Treasury against | bor was read twice by its title, and referred to missionery of Maine and Massachusetts until unlawful claims;
the Committee on Commerce. it had agreed to do that. It is of the very A bill (H. R. No. 1344) to confirm certain
HOUSE ASSISTANT LIBRARIAN. essence of the treaty and of justice itself that private land claims in the Territory of New this Government should come up and meet the Mexico;
Mr. MORRILL, of Maine. There is a resoobligation which it laid itself under when it A bil' (H. R. No. 1343) to confirm the title | lution from the House of Representatives which, made the treaty.
to certain land to the Pueblo of Santa Ana, in on my motion, was laid on the table a few days Mr. DAVIS. I think the view taken of this the Territory of New Mexico; and
ågo, in regard to the Assistant Librarian of the matter by the Senator from New Hampshire A joint resolution (H. R. No. 321) in rela
House. I am desired to ask for the present and the Senator from Maine is obviously right. tion to the erection of a bridge in Boston
consideration of it, and I move to take it up. I take it to be a plain proposition whether a harbor.
The motion was agreed to; and the joint treaty stipulation on the part of the United The message also announced that the House resolution (H. R. No. 312) relative to the pay States shall be executed or not; and I think had passed the following bills of the Senate :
of the Assistant Librarian of the House was that this appropriation of money is certainly A bill (S. No. 166) for the relief of the owners
considered as in Committee of the Whole. It plainly and unquestionably in the course of the of the land within the United States survey No. provides that for the present Congress, comexecution of the stipulation in the Ashburton 3217, in the State of Missouri; and
mencing therewith, the Clerk is directed to pay treaty. This matter has been up before the A bill (S. No. 469) confirming the title to a from the contingent fund of the House, to thie Senate repeatedly, and the only doubt upon tract of land in Burlington, Iowa.
Assistant Librarian in charge of the Hall Limy mind 'heretofore was on a very different
brary, the difference between his present pay
BILL INTRODUCED. point. I had no doubt that the territory ceded
and the pay of the file, printing, and engrossing from the State of Maine to the United States Mr. CONKLING asked, and by unanimous ll clerks. was from 1783 within the limits of the State consent obtained, leave to introduce a bill (S. The joint resolution was reported to the Senof Massachusetts ; and the doubt in my mind No. 584) relating to the finding of indictments ate, ordered to a third reading, read the third was whether a treaty could be formed at all in the courts of the United States in the late il time, and passed.
in the s
COLONEL JAMES A. MULLIGAN.
the coal that those of foreign birth will fight the battles ined very thoroughly. Certain facts obtained Mr. FRELINGHUYSEN. I move that the of this country has no insignificant influence by myself from the Patent Ofice since the I ko Senate proceed to the consideration of House on our relations with foreign countries; and I report was made to the Senate, bearing very
counter bill No. 1129. think it is eminently proper and wise that we materially, as I conceive, on the merits of the
enough The motion was agreed to; and the bill (H. should pay a tribute to that sentiment by con case, were placed by me in his hands. He is R. No. 1129) for the reliet of the widow and ferring a benefit upon the widow and children not here to-night. I understand that he has children of Colonel James A. Mulligan, de of him who is a representative man.
probably gone home. That is the best inform
Senator ceased, was idered as in Committee of the Besides all this, Colonel Mulligan did not ation I can get in respect to him. The matter
knowled Whole. The preamble to the bill recites that perform the duties of a colonel, but for three was acted upon in the committee two or three
Thani James. A. Mulligan, on the 15th of June, 1801, years he discharged the duties of a brigadier months ago, and I have partially forgotten the stated 1 was mustered into the service of the United general and of a major general; and the differ facts. I only recollect the case from a very the sub States as colonel of the twenty-third Illinois in ence between his pay as a colonel and that of distinct conviction that I had that the report with an fantry, known as the Irish Brigade, marched to brigadier general during the period is $6,700; | of the committee recommending the amend. the front in July, 1861, and from that time, ex. and all that is asked is $5,000. And he ment proposed was right, and that the bill cepting two months when a prisoner of war, was stands, too, upon the roll during this whole ought not to pass as it came from the House
from th actively engaged in the military service of the period as a brigadier general, that commission of Representatives. Republic against arined rebels until he fell on having been conferred upon him at his death; I submit to the Senate whether, under these had the the battle-field of Winchester, on the 26th day and I may also observe that he was offered a circumstances, when the Senator from Conof July, 1861; that during two years of that
the repo commission as brigadier general and refused it necticut, having charge of the bill, who has military service he was assigned to the com because of his honorary obligations to his regi the evidence in his possession, is not here, the mand of brigades and divisions, and performed ment to remain their colonel. Now, sir, that | bill should be taken up. I can say that the the duties of brigadier and major general, but case may safely be made a precedent. If any bill involves very considerable interests, either only received the pay of a colonel ; that his officer of the Army has discharged the duties belonging to the persons desiring this action widow and children are justly entitled to, and of a brigadier general through his whole course, on the part of Congress or to the community need for their support, the amount of pay if he stands upon the roll commissioned as a at large, for investments have been made in the which he would have received if he bad been brigadier general, no matter when the commis. manufacture of the article patented, and it
Ingoa commissioned according to his respective com sion was given him, and if he was actually seems to me but just to the community that the
The mands in the field. In consideration of the tendered such a commission and refused it, let
matter should be thoroughly investigated and premises the bill proposes to direct the Secre him receive the pay of a brigadier general. thoroughly heard before the Senate. This in. tary of the Treasury to pay to Marian Mulli There is now and then a case where it is wise vestigation has been particularly made by the gan, widow of Colonel James A. Julligan, the to act from our first generous impulses rather Senator froin Connecticut. He has the facts
and sum of $5,000, out of the money appropriated than from cold economical calculations; and in his hands, and the evidence in his possesfor the pay of the Army.
this is one of those cases. I might go on and sion, and I know not where to procure them. Mr. "RELINGHUYSEN. Mr. President, say that Colonel Mulligan expended all his | He is not here now, and I submit to the Senate there is a report accompanying this bill which property for his country ; but as we are only whether, under the circumstances, it is proper I do not know that it is necessary to read. I asking the pay of a soldier and not charity, I to take up for consideration the case in his will, however, make a statement in reference do not think it necessary to enter into thege
Mr. CONNESS. I happened, sir
, yesterThe report briefly sets forth the facts of the We cannot now by our action reach him; he day, as I do every day, to be seated by the side
$ case, and closes without any recommendation, has nobly done his work and gone to his rest;
of the honorable Senator from Connecticut, leaving it to the judgment of the Senate but we can benefit those who were dearer to now absent. He had this bill upon his desk whether the bill shall pass. The Committee him than self by performing an act of generous and was very anxious to get it up. I chatted on Claims took this course, not because they justice.
with him in regard to it, and I said to him, doubled the propriety of the bill, but because Mr. YATES. Mr. President, I do not pro
6. We will take it up, Mr. Ferry, and act upon They feared that those having other cases pose to add anything to what has been so well
you are absent, just as well as when miglit not discriminate them although rad.
and so eloquently said by the Senator from you are here." He did not develop any feel cally distinguishable from this, and that this
New Jersey, but I rise simply to say that Gen. ing, I believe, or any disposition particularly might thus be held as a precedent. eral Grant has recommended that this appro
in regard to it, and I hope we shall take up the The circumstances of the claim are these: priation be made, and to state another fact
bill and act on it. Colonel Mulligan was a promising young law connected with the biography of Colonel Mul
Mr. TIIAYER. There has been an underyer of Chicago, of Irish descent. Early in
ligan. He presented himself at the office of standing between the Senator from Connectithe rebellion he enlisted in the cause of the the Governor of Illinois with his regiment, but cut and myself that he would bring up this bill country and succeeded in raising a regiment,
so many troops offered themselves there that at the very first opportunity. We have spoken principally of Irishmen, eight hundred strong, many bad to be declined. So anxious, so per: daily about it for several days past, and I tried and with the colors of the Union and the Irish
sistent was he in his desire to enter the service, to get the floor yesterday and the day before flag floating together in his ranks he marched
that he procured letters from Mr. Douglas, he yesterday for the purpose of bringing up tuis out of Chicago. lle was given the command
came on to Washington, and got consent of bill, but failed to do so. To-day was the first of Lexington, in Missouri ; and there, with a the President, Mr. Lincoln, to raise his regi time when I succeeded. I had no knowledge force of twenty-five hundred men, resisted for ment. All that I have to say is that he is one
of ihe absence of the Senator from Connecti. a number of days an army of ten thousand of the noblest men in the memory of the people cut to-day when I made the motion for an evenrebels commanded by General Price; and he of Illinois. He was one of the first to enter ing session for the purpose of acting on this only surrendered when his men were fainting | the service at the head of his Irish regiment, bill. I do not know now that he has left the for the want of water and after he had fired his
and le afterward commanded a brigade, and city, but I have observed, my attention being last cartridge. His skill and bravery on that
then commanded as major general. At the called to it by the chairman of the Co:nmittee occasion attracted the notice and admiration | siege of Lexington he rendered service which, on Patents, the Senator from West Virginia, of the country, and Congress passed a vote of
as the Senator from New Jersey well remarks, or by his asking me if I knew where Mr. TERRY thanks to him and directed - Lexington'' 10
the country remembers with joy and gratitude. was, that he is not in his seat. If he was about be inscribed on his colors.
I sincerely hope that this bill will pass by a to leave the city for a number of days it cerThree years after this, in 1864, he fell at unanimous vote.
tainly was due to myself and to the Senate that Winchester, morially wounded. His brother
The bill was reported to the Senate without he should have notified me if he wanted the in-law, the brother of his widow, a youth of amendment, ordered to a third reading, read bill to be delayed until his return. about twenty years, came to his rescue, and he the third time, and passed.
Mr. POMEROY. · It is so near the close of was shot down. There is an incident connected
the session that I think the absence of a Sena•
MARTHA M. JONES. with General Mulligan's death which is worth
tor is not sufficient reason for delaying the courecording: As his aids gathered around him Mr. THAYER. I move to take up House | sideration of a bill. to carry him from the field be used these bill No. 780, for the relief of Martha M. Jones, Mr. WILLEY. Whether the Senate take words, * Lay me down and save the flag;' and administratrix of Samuel T. Jones.
up the bill or not I believe it my duty to sub, those words have entered into the melodies of Mr. WILLEY. That is a bill which comes mit the case to them, having a distinct and the country:
from the Committee on Patents, and it involves unequivocal couviction that this bill ought not But in all this I do not know that the case questions of a great deal of interest to the
to pass as it came from the House of Repres is distinguishable from that of many other offi community. I understand from the Senator
sentatives. Having submitted the whole-inatcers and soldiers who have bravely fallen before from Nebraska that he proposes to object to ter to the Senator from Connecticut, it being the flaming line of battle and leit nothing but the amendment reported by the Senate Com understood that he was to take it in charge, a legacy of sorrow and penury to their families. mittee on Patents, and to insist on the passage and having placed all the evidence in his posColonel Mulligan's case is distinguishable from of the bill as it came from the House of Rep session, I am not prepared in his absence to others, however, in this, that early in the rebel
resentatives. The report was prepared by the take it up. After the Committee on Patents, lion by his enthusiastic adoption of the cause Senator from Connecticut, [Mr. FERRY.] The
upon investigation, bave reported an amendof the country at a most critical period he gave papers connected with it have been in his hands
ment and suggested their opinion to the Senate, direction to che sentiment of the foreign ele. ever since the report was made. It is a case that the bill as it came froin the other House ment of this country, and thereby secured for in which he has expressed to me a good deal ought not to pass, I submit whether it is fair us many valuable soldiers; and to-day the fact of interest. It is a case which he has exam. to the Senator from Connecticut, and fair 10
the country, that the matter should be investi Mr. WILLEY. Now, sir, I shall have to do issued, and her counsel became apprehensive gated here, when it cannot be fully heard. the best I can. There is a report in the case that the extension of the American patent was
I know, sir, that I have not merely to en which I should be glad to have read. It may void, and that she must wholly fail; and hence counter the Senate; I could get along well refresh my recollection,
you will see the language of the original bill enough with that, humble as I am; but there The Chief Clerk read the following report, is to make that valid which in point of fact was is a lady in the ease, and a very highly intelli made by Mr. FERRY, from the Committee on supposed to be invalid, the extension having gent and accomplished lady, too, as every Patents and the Patent Oflice:
been from the expiration of the American Senator on this floor can, from his personal The Committee on Patents and the Patent Office, patent instead of from fourteen years after the knowledge, testify, I have no doubt.
to whom was referred the petition of Martha M. date of the Euglish patent. To remedy this I have stated the case to the Senate; I have Jones, praying for confirmation of a certain patent
defect this bill was passed by the House of for an invention in the manufacture of white oxido stated that I am not prepared to investigate of zinc, respectfully report:
Representatives; but it comes to the knowlthe subject at this time. · I stand here only That the petitioner is the widow and administratix edge of the committee of the Senate that capiwith my conviction distinct and unequivocal
of Samuel T. Joncs, deceased, who was the inventor
talists in New Jersey and in other sections of that when the committee did investigate it I oxide of zine.' That the said Samuel T. Jones, in his the country who appeared by their counsel came to the conclusion that the bill as it came lifetime, on the 23d day of July, 1830,obtained letters before the committee had in the mean time from the House of Representatives ought to
patent in England for said invention, and afterward,
invested largely their capital in the manufacbe amended. The Senator from Connecticut
ters-patent for the same in the United States, both ture of this article, and that if this bill passed had the papers placed in his hands, and made which patents, according to the laws of the United as it came from the House the result would be
States, expired on the 2d day of July, 1864. That the report; and after it was made 1 furnished
that the administratrix of Mr. Jones, under the said Samuel T. Jones died in the year 1858, and no him with additional evidence which I procured effort was made to obtain an extension of said patent ratification of this extension, would be coming from the Patent Office. Where it is now I by bis administratrix till 1866, when the Commissioner back on these innocent men for her royalty know not. With this statement made to the
of Patents no longer had jurisdiction of the case, and
and for damages for the infringement of the Senate, if they see proper to take up the case vested in the public, and was extensively enjoyed by patent. We thought it unjust under the cirin the absence of the Senator from Connecti manufacturers and others in different parts of the cumstances that she should be allowed to do so, cut, and in the absence of evidence which I
Union. The reason of the omission of the adminis-
but that men who in this interregnum between tell the Senate I do know has a material bear was her ignorance of the existence of the English the end of fourteen years from the expiration ing on the case, they can do so.
patent, but the committee are of opinion that her of the foreign patent and the time of the The PRESIDENT pro tempore. The ques
mistortune in this respect does not entitlo her to
extension of the American patent should be tion is on the motion of the Senator from in the manufacture and use of this article after ber allowed to carry on their business without detri. Nebraska, to take up the bill for consideration. patent had ceased to exist. The Commissioner of
ment, and that all manufacture of the article Mr. WILLEY called for the yeas and nays,
Patents, in 1806, being also in ignorance of the ex
istence of the Englisi patent, granted an extension by any person whatsoever during this time and they were ordered ; and being taken, of the American patent, which extension is utterly shonld not be held responsible. resulted-yeas 28, nays 4; as follows: void froin want of jurisdiction in the Commissioner
Why, sir, what is the result? There was no at the date thereoi, Your committee are willing, YEAS-Messrs. Anthony, Buckalew, Cole, Conk
however, to give validity to the said extension from valid patent; they could not be held responsiling, Conness, Corbett, Cragin, Davis, Drake, Ed
the expiration of the original patents in such a man ble without this action of Congress; there was munds, Feszenden, Fowler, Hendricks, II owe, John
ner as not to defeat the lawfully acquired right of son, MeCreery, McDonald, Morrill of Maine, Nye,
no patent to infringe. But here Congress is Patterson of New Hampshire, Pomeroy, Ramsey,
other parties, and therefore recommend the passage
applied to to pass a law that relates back behind Stewart, Thayer, Tipton, Vickers, Williams, and Yates-28.
viso at the end thereof and inserting in lieu of the the time of these supposed infringements and
same the following: NAYS-Messrs. Harlın, Morgan, Wade, and Wil
renders men guilty for doing that which was ley-4.
Provided, That all persoos who enjoyed the lawful ABSENT - Messrs. Bayard,
innocent at the time they did it, renders that Cameron, Cattell,
use of the invention secured by said patent during
the original term thereof may continue to use the Chandler, Dixon, Doolittle. Ferry, Frelinghuysen,
illegal against which there was no law, declares same without liability theretor as if this act had not Grimes, llenderson, Howard, Morrill of Vermont,
that they shall be held liable for the infringeMorton, Norton, Osborn, Patterson of Tennessee,
been passed, and no persons shall be held liable for
using said invention after the expiration of the ment of a patent which at the time they inRice, Ross, Saulsbury, Sherman, Sprague, Sumner, Trumbull, Van Wirkle, and Wilson-25.
original term of the patent and before the approval vested their capital in the manufacture of this of this act.
article did not exist, for there was no such valid So the motion was agreed to; and the bill
Mr. WILLEY. If the Senate have paid | patent; and it is to remedy that defect that the (H. R. No. 780) for the relief of Martha M.
able Jones, adminisiratrix of Samuel T. Jones,
to divest themselves of the fascination that and it is to prevent this injustice that the Sendeceased, was considered as in Committee of
surrounds them, to cut themselves loose from the Whole. The preamble to the bill recites that
ate committee recommend the adoption of the all female influence, they will see that the amendment. the Commissioner of Patents did, on the 23d of
Now, let us look at this thing. The Senate February, 1866, upon the petition of Martha original bill proposes to render valid and bind
ing that which was invalid and not binding; M. Jones, administratrix of the estate of Sam
has got something to decide bere; the Senate uel T. Jones, deceased, cxtend for the period | der the circumstances and under the influence | lady, but upon its obligations to the country.
and not merely to do that. The committee, un. stands upon its obligations not only to this of seven years, from the 24th of February, 1860, the letters patent of the United States
brought to bear upon them, were willing that The public interests are involved in this mat
that should be done, provided that in doing so we Here is an important article entering granted to Samuel T. Jones on the 24th of
did not violate the vested rights of capitalists wbo | largely into the convenience of the country, February, 1852, for an invention in the man
had invested their capital in the manufacture of largely into the manufactures of the country. ufacture of the white oxide of zinc, for which invention letters-patent had been granted unto
this article between the expiration of the Eng. It enters into the welfare of the people at large. him by the Government of Great Britain on
lish patent, and the extension of the American Every man's house, more or less, derives the the 23d day of July, 1850; and that doubts
patent. Senators, by referring to the law, will benefit of it as it enters into the various kinds
find that where a patent is issued abroad, where of paint that are manufactured in the land. exist as to the power of the Commissioner to grant lue extension after the expiration of four
there is a foreign patent, and there is an Amer The policy of all just Government is against
iean patent taken for the same invention at monopolies; but to encourage inventions Conteen years from the date of the foreign letters.
home, the American patent, it is provided, ll gress has seen fit in its wisdom in time past to patent. And the bill proceeds to the exten:
shall relate back to the date of the issue of the say that a party, to indemnify himself for the sion of the letters-patent of the United States for the term of seven years from and after the
foreign patent, and shall run fourteen years expenses of an invention, to repay himself,
from the date of the foreign patent and not shall have a monopoly of it for fourteen years, expiration of fourteen years from the date of
from the date of the American patent. It and Congress by the law heretofore existing the foreign letters-patent to be valid and binding, and the power of the Commissioner to
seems that in this instance, as the report alleges, || has also said that if the inventor shall not by make it is in all respects confirmed, and the
but as subsequent evidence filed with the Sen- due diligence have realized sufficient out of letters. patent are hereby declared to be, and
ator from Connecticut goes very far to show his improvement to indemnify himself for the to have been, by force of the certificate of ex.
cannot by any possibility be the case, this value of it and for his expenses in putting it tension thereon indorsed, duly extended for
administratrix" was ignorant of the fact that into operation, he may, by showing those facts the period of seven years from the 234 of July: || plied for an extension of the American patent ;
there was a foreign patent at the time she ap before the Commissioner of Patents, have an 1864; but this act is not to operate during the
extension for seven years longer. period between the date of the English patent
and hence the American patent expiring nearly Mr. HENDRICKS. Will the Senator allow and the date of the original American patent.
two years after fourteen years from the time me to ask him a question ? The Committee on Patents and the Patent of the issue of the foreign patent, the applica
Mr. WILLEY. Yes, sir; as many as you Ollice proposed to amend the bill by striking | administratrix until time enough, as provided tion for the extension was not made by the please.
Mr. HENDRICKS. Does it appear from out the following words, in lines thirteen, fourteen, and fifteen,
the evidence that the investments were made is that this act shall not op:
by law, had elapsed to make the invention puberate during the period between the date of the
lic property. The extension was void at the by the manufacturers whom the committee English patent and the date of the original
time this extension was made. She got the seek to protect by the amendment after the American patent,!' and in lieu thereof to insert:
extension of the American patent two years expiration of the British patent, with a knowl: That all persons who enjoyed the lawful use of the
after the expiration of fourteen years from the edge of that fact, and with a knowledge of invention secured by said patent during the original date of the foreign patent.
the fact that no renewal could be had? term thereof my continue to use the same without. She brought suit to recover a royalty, Mr. WILLEY. My recollection, I will say liability therefor, as if this act had not been passed; and no person shall be held liable for
usiwe said in intringement of her patent. Meantime it was
ence of the British patent never came to the the patent and before the approval of this act. discovered tbat there bad been a foreign patent parties who have invested their capital in the
it by the as well,
rejecting ter it is pin 1 ander
of a ra
1 facta COLT
manufacture of this article until since suit | by considering the case now while the evidence | cle of evidence to show how much compensa.
is shut up in the desk of an absent Senator, || tion the party received from the monopoly
to his conclusion when he had no evidence Mr. HENDRICKS. Mr. President, of course Mr. VILLEY. Some of them, 1
suppose, and no knowledge of the fact that at the time not being upon the committee I cannot answer did so. The dificulty is that I cannot pretend or shortly before this application for extension any question of the sort; but I would suggest to state the evidence precisely; as I stated to in this country the party had had, for I do not to the Senator whether the right to the use of
in the the Senate, the conviction on my mind is dis know how many years, a patent in Great the invention in this country ought not to be tinct and unequivocal, but I have not a mem Britain, from which, for aught any Senator
continued for the benefit of the patentee, proory of the distinct, naked facts as they exist, can say, for aught I can say, the patentee may
vided its use and enjoyment in this country only of the conclusion to which an examina. have realized hundreds of thousands of dol had not resulted in a profit, although the citi. the clai tiou of the facts at that time brought my mind. lars, amply sufficient to compensate him. And zens of a foreign country may have used the During this interval, as I understand, there now, sir, under the fascinating influence of an patent to an extent that made it valuable there? are some persons who commenced the manu
accomplished lady, the Senate cannot wait a Mr. WILLEY. I say no, sir. The object, facture of this article; and those most largely few days until we can get the evidence to see and the only object, in granting this monopoly engaged in it bave, since the expiration of how that fact is; and if it were to wait a month is to grant indemnity to the party for his iuven. the enj fourteen years from the date of the British no evidence would come in regard to how tion, to give him an opportunity of using it so be rei patent, very much enlarged their operations much compensation was received from the for. | long as shall be necessary to enable him to and increased their capital, which is tanta eign patent. And after Congress has given repay bimseif. lo is a contest between the k doe: mount to having commenced the business the country to understand that it would pro individual monopoly of the inventor and the but that is aside from the remarks which i || after, to the extent of providing that they shall
people at large ; and the policy of the law is
that when the party has been sutticiently iudenproposed to make. I know that anything that not run twenty-one years, as heretofore, but nilied for the value of bis invention and his I can say liere has no effect; but I believe I only seventeen years, and without any knowl. trouble iu putting it into use and operation, then owe it to the country, as chairman of the Com. edge of how much compensation this estate his monopoly ought to cease, and then the mittee ou Patents, lowever hopeless and thank has received even in this country, to say noth country ought to get the benefit of it. That is ander less a task it is, to discharge my duty; and I || ing of the foreign compensation, we are in all that any inventor could ask; and this party So am going to do it, and I want the facts to go such hot haste to fasten this monopoly upon comes into the Senate here in the questionable to the country.
the industries and interests of the country that shape of saying that she has not received a due to be Now, sir, what are the facts? It was the we cannot wait a few days until we can get compensation for the invention of her husband, duty of the Commissioner under the law, when the evidence and have a fair hearing of the when she gives 11o account of the compensaapplication was made for the extension of this
tion that she received abroad, and when there patent, to inquire first, is it a novel invention ; Now, sir, I have said more perhaps than I is no intimation that there was an invention second, is it a useful invention?. Granting ought to have said after the indications given abroad. Wby, sir, if I had the evidence bere 1901 these two facts-for I suppose it is true || by the Senate. Perhaps, under the circum- || I should like to go into the inquiry whether in 1) that the invention was both novel and use stances, it may have been somewhat presumptu- point of fact there has not been some sharp pracful--then comes the material consideration; ous in me to say what I have said, but I con. tice in this matter. My short experience in in the third place, did the patentee derive from sidered it my duty. The Senate considered regard to these applications for the extension of his monopoly, during the fourteen years, ade. this matter worthy to be referred to the Com- \ patents and maneuvers of management that have quate compensation to indemnify him for his mittee on Patents, one of its own compittees, come to my knowledge in relation to them, time and irouble and expense? How could created by itself, designated for the examina has made me very suspicious, and has inspired there be any fair investigation of that fact be. tion of these questions, The committee have me with a deterniination to be very careiul, so fore the Commissioner of Patents, when the reported; they have, as I think, made a very far as I can, to the extent of my humble abili. party applying for the extension either did
liberal report; they have agreed to validate ties, that the Senate and the country shall not know, or, if she did know, sedulously con that which is acknowledged by the party to be never be imposed upon; but hereafter whencealed from the Commissioner, the fact that invalid, to extend that which is a nonentity in ever a lady comes here for an extension of a th pari passu with the American patent she had
law at present, and will be so declared by the patent I shall not consider it worthy of exam: a paient existing in Great Britain, and not a
courts, in all probability, or at least the counsel mation, and just whatever she asks I will subcent of account is given for anything realized
for the party apprehend that; and all the init to the Senate. out of the foreign patent, in order to ascertain committee ask is that those who have invested Now, Mr. President, I want to finish the wliether the party had been indemnitied for the
their capital during this interregnum, while remark I commenced to make a while ago. I invention or not? I went to the records--I
this thing was invalid and up to this time, shall said that the Senate had considered it lieceswanted to see that fact--and I recollect dis
not be made responsible in vexatious suits and sary to organize a committee to examine into tinctly that the papers show that not a whisper | royalties for the enjoyment of a right which these questions. This matter was deemed was made at the time this party was making | did not belong to the party.
worthy to be referred to the committee. They her application before the Commissioner for Mr. HENDRICKS. Will the Senator al- || have examined it, and examined it carefully. the extension of the patent of the existence of low me to ask a question? As I have not On the value of my own examination I place no the foreign patent, and it is the material in
had an opportunity to investigate the case, I weight whatever, of course; but Senators know quiry-it is the most material inquiry in all wish to ask the distinguished chairman of the that there are gentlemen on that committee investigations of this character to see whether committee whether the question be bas just | whose opinions are entitled to consideration, the party has had an adequate compensation discussed, the question as to the receipt by the especially my colleague on that committee, the for the invention, and whether a useful inven- | patentee of an adequate compensation for his Senator from Connecticut, who is an experition may not be enjoyed by the country at || invention, has not been investigated by the enced patent lawyer, and who knows more large and not by monopolists, who, after having Commissioner of Patents and decided upon by about mechanics, perhaps, than any other ment; received ample and adequate compensation him; and whether, also, the Committee on ber on this floor, and from whom I have received for a useful invention, may still lay a charge | Patents, in reporting favorably to the bill with great advantage in the investigations which bare and a royalty on the business of the country at the amendment, has not conceded that there is come before our committee. This matter has large. Sir, the policy of this country is op a right to a renewal because of the want of a been submitted to that committee. That Seu: posed to it, and so distinctly has this impression sufficient compensation ?
ator has made the report. It is a matter of been made on the mind of Congress and the Mr. WILLEY. I will say to the Senator interest to him. If after all this the Senate is country that a few years ago the authority to that the committee were somewhat under the to pay no attention whatever to the report of extend a patent was utterly repealed, and the same influence that the Senator himself is, law now stands that the patentee may enjoy his [laughter;] and while we were willing to con
the committee, to give it no weight whatever,
and without a jot or tittle of evidence betore it, monopoly for seventeen years, and there shall cede to this lady every possible right, while without looking into the record, when it is not be no further application for an extension ; it we were willing to give her privileges that did | possible to produce the evidence before it, il, shall stop then unless he comes to Congress not run
directly against and injure other vested under all these circumstances, it is disposed to and shows some grounds, or the estate happeus rights, I have to say, in answer to the Senator, vote down this amendment and pass the bill as to fall into the hands of an accomplished and that his question is well put in regard to the
it was, I cannot help it; and that is all I have fascinating lady.
Commissioner of Patents having so decided; got to say, Now, Mr. President, can Senators say here but the Senator cannot have forgotten that I Mr. BUCKALEW. Mr. President, as some that this party has not had an adequate com stated that when this investigation was made pensation for this improvemeut? Can they before the Commissioner of Patents there was
parties in interest reside in my State I desire
io say a word in justification of my vote for tell me what the compensation was at all? not a whisper to him, uot a word in evidence, this bill. The amendment which the commitSir, I cannot tell what the compensation was not an intimation that this party had also for the American patent, because the Senate | enjoyed a monopoly for the very same inven
tee have reported, so far as I understand it, is has excluded me from access to the evidence tion in Great Britain ; and there is not a parti
tantamount, if adopted, to a rejection of the bill; no beneficial interest will be taken under
it by the patentee or enjoyed by her. We may Il show that he acted corruptly, from motives of prize cases in the southern district of Florida as well, therefore, accept the amendment of favoritism or of enmity to any human being. was considered as in Committee of the Whole. the committee as a substitute for a direct vote The presumption is that he as a public officer It proposes to direct the Secretary of the rejecting the bill itself. This being its charac acted in a proper, reasonable, and just man Treasury, upon the execution and delivery to ter it is only worth its value as an argument ner in extending this patent for a period of him by the administratrix of the estate of following the report which has been submitted. seven years; that he had before him the neces James C. Clapp, deceased, late United States I understand the committee differed in opin sary evidence to bring this case within the marshal for the sonthern district of Florida, of ion; it was not a unanimous report.
requirements of the general patent laws. We a proper written release of all claims and 'deNow, Mr. President, what is this bill? It is are by passing this bill, as I said before, doing mands for, or on account of, all costs, charges, simply to remove from this case a technical nothing except removing the legal obstacle fees, and expenses due, or claimed to be due, difficulty which has been discovered by lawyers which this lady encounters to the enjoyment to him as marshal or to his estate, in any prize in the course of some judicial investigation. of her rights under our laws by the unearthing or other cases in that district, to accept from Called to account by the patentee for the use of an unused, valueless foreign patent which the administratrix the sum of $50,000 in full of a valuable--I might say an almost invalu was taken out but never followed up by the satisfaction of all claims and demands of the able--invention, they were disposed to resist patentee.
United States against the estate of James C. the claim or to resist it in part, and their coun Mr. CORBETT. I merely wish to call the Clapp, and against the sureties in his ofűcial sel in pursuing investigation into the case dis attention of the Senate to the provisions of the bond, and that this sum of $50,000, when paid, covered, unearthed, a foreign patent, which it amendment reported by the committee. It together with the sums now on deposit with is supposed interposes a technical legal diffi seems to me that extending the patent with the Assistant Treasurer in New York to the culty, if it be pressed in the courts of law, to that provision in the bill would probably amount credit of Clapp and to the credit of the United the enjoyment of any interest whatever under to nothing, because it would place this busi States district court for the southern district the renewal of the patent. Now, what is this ness entirely in the hands of those companies of Florida, shall be deposited with the Assistbill? It is simply to remove that difficulty. that are already established, and have large ant United States Treasurer at Washington, It does not seem that the patentee when this capital, and have been extending their works. subject to the order of the United States disrenewal was made understood that there was a Consequently' they would have the advantage, trict court for the southern district of Florida, foreign patent, or that the manufacturers who and no new concern would enter into the manu for the purpose of meeting decrees of distribuhave used this patent understood it. In fact, I facture of this article, and hence the couutry tion or restitution in the following prize causes believe the truth is that the foreign patent
at large would have to pay more for the article pending in that district: Schooner Lucy No. never was extensively used; no extensive fruits, if manufactured by these few establishments. 1, the cargo of the steamer Adela, schooner if any at all, were ever received from it. Í No one being allowed to come in competition Alicia and cargo, schooner Isabel and cargo, understand it was never used in fact abroad. without paying a royalty, the result would be the steamer James Battle, schooner Diana and
Now, the Senate of the United States, to deter any one else from entering into the cargo, schoorier Sea Lion and cargo, the cargo instead of passing a bill such as it is described market in competition with these manufac of the steamer Nita, steamer Pearl and cargo, to be by the Senator from West Virginia, are
turers who do not have to pay any royalty. schooner Teresa No. 2, steamer Union, steamer just removing out of the hands of the manu Mr. THAYER. As the Senator says the Victor and cargo, and schooner John Wil. facturers who are using this patent a plea in
amendment will constitute the existing com liams. court which is partly technical, has no merit panies monstrous monopolies against the whole The Secretary of the Navy is to deposit with in it, which reaches no substantial point of world. This is all there is of it; that is all the Assistant United States Treasurer at Washequity involved between them and the patentee. the speech I will make. [“ Vote!
ington, the appraised values of the prize steanThat is the whole of this bill. It may be that The amendment was rejected.
ers Adela and Nita, condemned in the district some consideration should be given to those Mr. HARLAN. I desire to ask a question
court for the southern district of Florida, and manufacturers that may have used the patent || for information. Now that this amendment taken into the naval service, and, after dein ignorance or innocently; and if there was has been rejected, I wish to know whether, if ducting all proper charges and expenses, a some amendment of that sort-I do not know the bill should pass in its present form, the moiety of the same is to be distributed under how it could be drawn---there might be an parties entitled to this patent would be able to the decree of the court, according to law, argument in favor of it.
collect a royalty, as I believe they call it, from among the captors entitled to share in these Mr. CONKLING. That very thing is in the date of the expiration of the first fourteen prizes, and the remaining moiety is to be subthe House bill, that it is not to attach to the years up to the present period ?
ject to the order of the district court. interval between one date and the other,
Mr. CONKLING. No, sir; the bill says
Mr. JOHNSON. I do not exactly underMr. BUCKALEW. But so far as regards the contrary. The last clause is:
stand the bill. I suppose there is a much the use of the patent hereafter, until 1871, Provided, That this act shall not operate between larger sum due by the marshal than the amount when it will expire by its own limitation, there
the period of the date of the English patent and the to be paid by the widow, and the amount is to
date of the original American patent. can be no argument at all, and no appeal to
be taken by way of compromise under the imthe justice of the Senate
The bill was reported to the Senate without
pression that the whole cannot be collected. Mr. CONNESS. Will the Senator permit amendment, ordered to a third reading, read
I hope the honorable member from Indiana me before he takes his seat, so as to do it in the third time, and passed.
will give us some information on the subject. this connection, to make a statement on one
WESTERN PACIFIC RAILROAD.
Mr. HENDRICKS. The printed report important point?
Mr. CONNESS. I move that the Senate
which I made to the Senate states the facts. Mr. BUCKALEW. Certainly.
proceed to the consideration of the bill (S. The report is No. 128. The marshal was a Mr. CONNESS. And that is the profits No. 159) relating to the Western Pacific rail
defaulter. The sum realized from the sale of resulting to the patentee from the use of the road.
these vessels was about two hundred and patent in this country. They are within six Mr. FESSENDEN. That is not a private twenty-four thousand dollars. thousand dollars. Fifty-one or fifty-two hun bill.
that is still on deposit to his credit is some fiftydred dollars is the total amount received, as Mr. CONNESS. What is it, pray ?
odd thousand dollars, and there is another sum proven upon the application for an extension.
Mr. FESSENDEN. This evening was set
of $19,000 which can be obtained, and there is Mr. WİLLEY. "Did you get that from the evidence, or from a pamphlet on your table? apart for private claims.
$50,000 which the widow is willing to pay out
Mr. CONNESS. I was not aware of that of her own estate, provided her husband's estate Mr. CONNESS. It is taken from the sworn fact. I did not know that this evening had
can be released, and the bondsman, whose testimony; and the chairman of the commit
$20,000, can also be released. These
sums will make about one hundred and twentyhave known it.
The PRESIDENT pro tempore. It was so four thousand dollars. That is about the amont Mr. WILLEY. I desire to say to that that set apart.
which can be realized by the Government. I put the whole evidence in the hands of the
Mr. CONNESS. I am the last man to inter:
Mr. JOHNSON. What is the value of the
estate left by the husband?
Mr. HENDRICKS. The estate is worth
nothing but what is on deposit. Great efforts the permission of the Senator from Pennsyl
have been made to realize, but nothing more
PRIZE CASES IN FLORIDA. vania again, that the Senator from West Vir
can be had. This is the largest sum that can ginia, being in ignorance of the fact, ought not
Mr. HENDRICKS. I move to take up be realized.
Mr. BUCKILEW. Well, Mr. President, I of certain prize cases in the southern district ought to be realized ?
Mr. HENDRICKS. Two hundred and be the true character of this bill and to show
Mr. HOWE. I think that is not one of the twenty-four thousand dollars. To make up that it is not open to the objections which have bills the Senate has met to consider this even the sum of $124,000 the widow pays $50,000 been made by the Senator from West Virginia. || ing.
out of her own estate in order to relieve her Now, one word in conclusion, and I shall leave Mr. HENDRICKS. Yes, sir; it is to settle husband's estate and the bondsman.
the rights of certain parties who claim prize Mr. JOHNSON. What is the amount of We may take for granted, for all the pur: money, and to secure it to them. It comes the bond ? poses of a vote upon this bill, that the Com from the Committee on Naval Affairs.
Mr. HENDRICKS. Twenty thousand dol. missioner of Patents acted properly in extend The motion was agreed to; and the bill (S. lars. This is to enable these cases to be ading this patent. There is nothing before us to No. 486) to facilitate the settlement of certain justed in court; they cannot be otherwise.
40TH CONG, 2D Sess.--No. 229.