A NATIONAL PAPER, PUBLISHED WEDNESDAYS AND SATURDAYS BY }OHN FENNO, No. 34, NORTH FIFTH-STREET, PHILADELPHIA
[No. 93 of Vol. IV.]
LAW OF THE UNION.
SECOND
CONGRESS OP THE UNITED STATES,
At THE SECOND SESSION,
Begun and held at the City of Philadelphia,
in the State of Pennsylvania, on Monday
the fifth of November, one tboufand
fcven hundred and ninety-two-
AN,ACT to promote the progress
of ufeful Arts, and to repeal the
a<ft heretofore made for that pur
pose.
BE it enacted by the Senate and House of
Representatives of the United States of
America, in Congress aflembled. That when
any person or persons, being a citizen or citi
zens ofthe United States, fliall alledge that
he or they have invented any new and ufeful
art, machine, manufacture or composition of
matter, or any new and ufeful improvement
on any art, machine, manufacture or compo
fitkin of matter, not known or used before the
application, and shall present a petition to the
Secretary 6f State, fignifying a desire of ob
taining all exclusive property in the fame, and
praying that a patent may be granted there
for, it shall and may be lawful for the said Se
cretary of State, to cause letters patent to be
made out in the name of the United States,
bearing telle by the President of the United
States, reciting the allegations and sugges
tions of the said petition, and giving a Ihort
description ofthe said invention or difcoverv,
add thereupon granting to such petitioier,
•r petitioners, his, her, or their heirj, ad.
miniftratarsor ajligns, for a term not exceed
ing fourteen years, t!;e full and exclnfive
right and liberty of making, conftrufting,iifing,
and vending to others to be used, the said in
vention or discovery, which letters patent
fliall be delivered to the Attorney-Gereral of
the United States, to be examined ; who,
within fifteen days after such delivery, if he
finds the fame conformable to this ast, fliall
certify accordingly, at the foot thereof, and
rttnrn the fame to the Secretary of State,
who (hall present the letters patent thus cer
tified, to be (igned, and (hall cause the seal of
the United States to be thereto affixed : and
tl»e fame (hall be good and available to' the
grantee or grantees, by force of this ast, and
fliall be recorded in a book, to be kept for
tffat purpose, in the office of the Secretary of
State, and delivered to the patentee or his
order.
Provided always, and be it further enabl
ed, That any person,. who (hall have tfifco
vered an improvement in the principle of any
machine, or in the process of any composition
of matter, which (hall have been patented, and
fliall have obtained a patent for such improve
ment, he Ihall not be ar liberty to make, use
or vend the original difcovety, nor (hall the
firft inventor be at liberty to ulb the improve
ment ' Anrf-it is hereby enaftekl and declared,
that (imply changing the form or the propor
tions of any machine, or composition of mat
ter, in any degree, lhall not be deemed a di r
covery.
And be it further enacted, "That every in
ventor, before lie can receive a patent, (hath
swear or affirm, that he does verilv believe,
that he is the true inventor or dilioverer of
the art, machine, of improvement, for which
he solicits a patent, which oath or affirma
tion may be made before any person, author
ized to adininifter oaths, and (hall deliver a
written description of hi* invention, and of
the manner of using, or process ot compound
ing the fame, in such full, clear and exact
terms, as to diftingnilh the fame from all
other things before known; and to enabte any
person (killed in the art or' fc'fence, of which
it is a branch, or with which it is most nearly
connected, to make, compound, and use the
fame. And in the cafe of any machine, he
fliall fullv explain the principle, and the se
veral mode*, in which he has contemplated
the application of that principle or character,
by which it may be diftingutlhed frofii-other
inventions; and he fliall accompany the whole
with drawings and written references, where
the namne of the cafe admits of drawings, or
with fpecintens of the ingredients, and of the
composition of nmter, fufficient in quantity
for the purpnfe of experiment, where the in
vention is of a composition of matter ; which
description, signed by himfclfand attested by
two witnelles, fliall be filed in the office of the
Secretii'y of State, and certified copies theie
Saturday, 20, 1795.
of shall be competent evidence, in all courts*
where any matter or tbinjg, touching such par,
tent-right, shall cftine in question. And ftich
inventor {hall, moreover, deliver a mode! of
his machine, provided, the Secretary shall
deem such model to be neceflary.
And be it further enacted, That it fha 11 be
lawful for every inventor, his executor or
Administrator to aflign the title and interest
of the said invention, at any time, and the
assignee liavin; recorded the said alignment,
in the oifice of the Secretary of State, shall .
thereafter (land in the pJaee of the original
inventor, both as to right and responsibility
and so thfe assignees of afllgns, to any degree.
And be it further ena&ed, That if any
person shall make, devise and use, or (ell the
thing so invented, the exclusive right of which
shall, as aforefaid, have been lecuredtoany
person by patent, without the consent of the
patentee, his executors, adniiniftrators or
assigns, fir ft obtained in writing, every per
son, so offending, fh'ali forfeit and pay to the
patentee, a fuivi, that shall be at leatt equal
to three times the price, for which the pa
tentee has ufualiy fold or lleenfed toother
persons, the use of the said invention ; which
may be recovered in an a&ion on the cafe
founded on this a<st, in the circuit court of
the United States, or aily other court havihg
competent jorifdiftion.
Provided always, and be it further enact
ed, That the defendant in such a&ion shall
be permitted to plead the general issue, and
give this aand any special matter, of which
notice in writing may have been given to the
plainfcilTor his attoriney, thirty days before
trial, in evidence, tending to prove, that the
fpecification, filed by the plaintiff, does liot
not contain the whole truth relative to his
discovery, or that it contains more than is
neceffury to produce the described eiTeft,
which concealment or addition shall fully ap
pear to have been made, for the purpose of
deceiving; the public, or that the thing, thus
secured by patent, was not originally disco
vered by the patentee, but had been ip use, or
had been described in some public work, an
terior to the supposed discovery of the paten
tee or that he had surreptitiously obtained a
patent for the discovery of another person :
in either of which cases, judgment fliall.be
rendered for the defendant, with costs, and
the patent shall be declared void.
And be it further enabled, That where any
State, before its adoption of the present form
of government, shall have granted an exclu
sive right to any invention, the party,claim
ing that right, shall not be capable of obtain
ing an exclusive right under this act, but on
relinquifhiug his right under such particular
State, and of such relinquifhment, his obtain
ing an extlufive right undfrr this ast shall be
fufficient e video ce.
And be it further enacted, That the per
sons, whose applications for patents, were,
at the time of palling this ast, depending be
fore the Secretary ofState, Secretary at War,
and Attorney-General, according to the ast,
palfed the fetond l'effion of the firft Congress,
intituled, " An ast to promote tbe progress
of ufeful arts," on complying with the con
ditions of this ast, and paying the fees herein
required, may pursue their reipeftive claims
to a patent under the fame.
And be it further enacted, That in cafe
of interfering applications, tbe fame (hall be
fubmitteri to the arbitration of three persons,
one of whom ihall be chosen by each of the ap
plicants,and the third person lliall be appoint
ed by the Secretary of State ; and the decision
or award offuch arbitrators,delivered to the
Secretary of State, in writing and fubferibed
by them, or any two of them, lhall be final,
as far as refpefts the granting of the patent :
And ifeither of the applicants fliall refufe or
fail to cbufe an arbitrator, the patent (hall
ilTue to the opposite party. And where there
(hall be more than two interfering applica
tions, and the parties applying (hall not all
unite in appointing three arbitrators, it lhall
be in the power of the Secretary of State to
appoint three arbitrators for tbe purpose.
And be it further ena&ed, That upon oath
or affirmation being made, before the judge
of the diftrift court, where the patentee, his
executors, administrators or assigns reiide,
that any patent, which thai] be ilTued in puv
fuance of this ast, was obtained furrepti
tiouflv, or upon falfe fuggeftien, and motion
made to the said court, within three years af
ter illuing the said patent,but not afterwards,
it (hall and may be lawful for the judge of
the said diftrift court, if the matter alledged
lhall appear to him to be fufficient, to grant
a rule, that the patentee, or his executor,
ad:niniftrator or aflign (hew cause, why pro
cess should not ifTue against him to repeal
such patent. And if fufficient cause lhall not
be (hewn to the contrary, the rule (hall b«
made absolute, and thereupon the said judge
(hull order process to be iflued against such
patentee, or bis executor;, administrators
oralTigm, with cods of suit. And in cafe,
no fufficient ciufe (hall be lhewn to the con
trary, or if it fiia.ll appear, that the patentee
was not the true inventor or discoverer, judg
ment (ball be rendered by such court for the
369
repeal of such patent; and if the party, at
wtyofe complaint, the process ilTiied, fliall ha.ve J
judgment given against him, he (hall pay all
iufh enfts, as the defendant (hall be put to,
in defending the fuit,to be taxed by the court,
and recovered in due course of law.
And be it further enacted, That every in
ventor, be I ore he presents his petitiqn to the
Secretary of State, fignifying his desire ot ob
taining a patent, lhali pay into the Treasury
thirty dbllars, for which he (hall take dupli
cate rectipts ; dnS of which receipts he (hall
deliver to the Secretary of Stjite, when he
presents his petition : and the money, thus
paid, (hall be in full fat the sundry fetvices,
to pe performed iu the office of the Secretary
of Stare, consequent pn futjh petition, and
(hall pass to the account of clerk-hirj in that
office. Provided lieverthelefs, That for eve
ry copy, which may be required at the said
office, of ftny paper lefpefting any patent,
thit has been granted, the person, obtaining
Airifcopy, (hall pay, at the rate of twenty
cents, for eveiy copy sheet of one hundred
and for every cop) of a drawing, the
obtaining the fame, lfialT pay two <fol
jars: of which payments, an account (hall be
rendered, annually, to the Treasury of the
United States, and they (hail also pass to the
account of clerk-hire in the office of the Se
ctary of State.
And be it further cnafted, That the ast,
parted the tenth day of April, in the year one
thousand seven hundred and ninety, intituled,
" An ast to promote the pmgrefs of ufefu!
arts," he, and the fame is hereby repealed.
Provided always, That nothing, contained
in this ast, (hall be construed to invalidate any
patent, that may have been granted under
the authority of the said ast; and alt patentees
under the said ast, their executprt, adminis
trators and assigns, (hall be considered within
the purview of this ast, in refpeft to the vio
lation of their rights : provided, such viola
tion; (hall be committed, after the palling of
this act.
JONATHAN TRUMBULL, ShcaJtn
oj the Houjeof Rcprefcniativa.
JOHN ADAMS, Vice-frefi4tr.t of tfte
, United. States, and Pref'dent of the Senate.
OVE$j jFJEBRU AR Y 21 f. V7Q3»-
GF.O. WASHINGTON,
Prejident of the United Stales.
V V't
[The following has been postponed some time
for -want of room.]
For the GAZETTE of the UNITED STATES.
Mr. Pen no,
I H AVE just received and read your paper of
Wednesday, and am very happy to find that
lo large a majority of the late Congress, have
pronounced i.bc official conduit of-the Secretary
of the TrCafury, to be clear of blame. Feeling
it to be not only a privilege, but an important
duty, for citizen# to comrmmicate to each other
their fentimcnts on public men and meafiires, I
shall take-the liberty of stating to yod some re
flexions on what has recently taken place at the
feat of government.
It ill robe hoped that there is a good intention
with many, in the ftriflures which have been
made on the Secretary's conduct, and in rhe op
pofitipn to those measures which are said to be
indebted to him chitfly for their exigence.—
Whatever may be the furmifesof unsound f/rin
ciples and corrupt morals in some who are en
gaged in this oppofiiion—in others, f am for
myfelf fatisfied there is the purest virtue; and
tiro' I tremble at their political principles as
endangering the happiness of my country, vet I
revere the motives by which they are prompted
to opppfe. Indeed I have been grieved that bad
design has been indiscriminately attributed to
all who have condemned tbofe federal measures,
which, to such as think like myfelf on thefefub-
j ests, appear efTential to the dignity, honor and'
prosperity of out land. The asperity too, with
which those have been treated, who may justly
be fufpefted of political hypocrisy—os usurping,
and alas! of having the name of patriots, while
they know nol thf elevated temper and delicious
fenlations of patriotism, was no small impru
dAice. These charaftcis have, by this means,
been too highly irritated ; their evil disposi
tions, but the wore inflamed, and, like air once
fixed now rendered vigorous by heat, have burnt
with violence, and have found vent in the most
iinjuflifiahle condemnation of the proceedings of
and in groundlefi, aspersions of the
mofl valuable fervan's of the publie. While it
is right, yea an incumbent duty which we owe
to ourfclves and our dear posterity, to stem the
torrent Of antifedcral opposition, let us do it
with thcjd.ignity, coolness and candour, which
belong to truih and ensure success. In taking
up my pen, I would fain excite no one painful
sensation in the bread of any citizen of the Uni
ted States. Unless it were absolutely neceflary,
I woukL not even call up that indignation we ail
feel against hypocritical profeflions of the amor
patriae, and the deadly projefi* of party and
ptrfonal profit. If it could be done, I would
cool the minds of all—l cleanfe;the foul
heamoi those who care not toi'thc happinefsof
Others, «nd of ihoufarid* yH »«nl>nn)—l would
infufc into all Americans a render love to one
another, as brethren of one fatnity*—l~would
AVw- Jerfcy, March, 1793.
[Whole NO. 4X
bring iliem to embrace Wuh unfeigned finer*ky
— and I would thus cefvfcrtl. our union, and ptr
petuai< oar glo'v ami our fojif*. thcfC
tlringVare out of re a fan to < xpett, yei.H is p leaf
ing t© iniaj;? l tiicm to the-mint). But who on
help lamenting, that man-is himfclf his £reat< ft
enemy, and tver mitt ft-ands in ihc *yay of h,'s
own good. '1 urn.ing, but with reluctance, frpin,
what one would wish, to whal may be reasona
bly looked for. I (hall make lame remai ks in
order to correct the violence of and
to guard my countrymen against unwarily join
ing in it.
Who can examine rhe official chara£ler of the
Secretary of the Treasury, obfrrve his indefatiga
ble industry in the service of his country, the
order, accuracy and perfettion in whicbhe per
forms the weighty bufincfs of his depftttmQnjt,
without cordial approbation ? Can any one djf
cern the least back wardnefs or delay in exposing
to the view of the public all his financial pro
ceedings, even thc-mod mirujie ? Mas there not
been the utmost. promptitude of obediencejto the
rcquifitions of C»»ngrefs, direlied so this pojnt ?
Tho' by tfre Conftiturron, f* a regular ftneincm
and a coimt qftb? receipt? and expenditures df
atf public money, shall be publiAv d, from time
to time \et is it not the duty of Congre'fs firft
to give direction for the drawing up and pu.b
lifhing of this ftatrment and account? This ar
ticle is fnund in the midst of the pf> weir's gUeh
to, and the rrftrxftton* laid on Goiigtefs. It :s
therefore, in fa£l, a part of the general duly
sketched out to Congi fsin the Conftituupu.
reducing this and oiher conflitutional principles
to pra6Vice. ihe SeCtetiry is only as th£ instru
ment in the workman's hand. As the work
man must will and mov;, before the inllr um r.|t
cau execute any thing, so, if this article is to
complied with in all its spirit, arid in .its furtheft
extent, to Cdngrefs'it belongs to will the com
pliance. Then, and riot till then, is the Secre
tary to be blamed, when he is deficient irv com
plying with Congtelliona! injitnQions. Thi •, J
believe, he never has been. In every iuftance
within my knowledge, he has done all which
Cdngrefs has enjoined. Here then let me afit,
was it kind to impute, not in a private convcr
fation* but on the floor of Congress, that i.«, in
the hearing of all A met icaand of all Europe—
w'aS it kind to '.mpute a partial ftatemcnt of rc
ceipts and expenditures, when rib more hid been
required by Congress, to »o infamous defrgn of
defrauding the public ?* Was it not irrjiptu<tcf ( t
at the leaft r upon so flight, and as we have now
seen, upon no foundation* to proclaim to all the
world that corruption wa< already preying upon
the vitals of oor coun'ry? Are not for wardnefs
and ralbuefs the lowcft charges which we must
brin</ against luch as have spread an alarm in the
land, from mifcor.ceptions of the Secretary's re
ports, from a fuperficia! understanding of the
fuhjc&s of" which they treat, and, tho* lawgivers,
from an, a£hia! ignorance of, or as fcandalons
inattention to, the nature of the laws? WelJ
might th.r Seer. f»ry fay, «• I forbear to attempt
to trace the fouice ot a raiftakc so extraordinary. **
Indeed* in my opinion, he has tl fliown,'arvdi
that in a confpicuons manner, fallacies enough
in the statement, from which the inference of
an unaccounted forbafance was drawn, to evince
that it is one ti/fue of error.* 1
I do not fay there was malic*, and a delibe
rate wicked design in.the mover of the la«e in
vestigations : this is very far from me, ar\d $
heartily disapprove os-such insinuations without
full proof. Our thwarted in wh.it we
suppose neccffairy to t)ie public good, Ihould not
make us call our opuofers scoundrels. This is
very wrong. Yet I must confefs. some things
force us to hatd thoughts ; and the proposal to
defer thr omiftd. ration of certain resolutions to
the next Congress. so fhockcd me, as almotl
made my ftrugglm;/ good hopes of some antife*
deral patriots, givoup she ghost.
On the whole, I am free in obftrving that
there was evident ignorance and ralhnefs in the
accufatioos so publicly made against the Secre
tary of the Treasury ; and I was most hcartilyr
rejoiced to fee the relult—*in his coming forth
from the furnace, as gold, more valuable and,
more blight in the public estimation.
I was rejoiced, because Congress have solemn
ly averred to the whole Union, that the appre
hended corruption is not to be found.
it not be a grievous calamity, an awful presage
of the ruin of our country, if so soon, the pure
region we live in had produced monsters to de
vour the land, to ercft the deftru&ivc banners of
aristocracy, and gather around them all that host
of citizens who now relv on the justice and ho
nour of government ? When no such monsters.
are found, when cxiftcnce is given to them only
by the exceflive jealousy of a too highly fer
mented patriotism in some, and by bafenef* ir\
others—every friend to his country must hear*
lily rejoice.
I rrjoiee moreover to -fee so l«rgc a portion of
the mrml>CT> of Congrpfj espousing federal prio>
epics, tad difcounteninci'ng that fxtreffie j#a-
Ihofe dilorfriniiiogc*| r j,vaj<»i, t <ktnf>*
cratic principlej, which, if not checked, woa!4
prove ihe ruin of this c iny other nation.'
(To be concluded in our next.)
* And when the Secretary feemei difpofedfpon
aneovjly to ad up to the spirit of the aforemen
tioned article of the Conflitution —when he did more
towards it, in his reports to the House, than Congrtfs
had demanded—how egregiouflv ur,candid and cruel
to him, how a fronting and injurious to every wrtu
out member of our Republic, is the tvfidwus use
which Franklin [a late writer} hai vuvle vf the
Secretary's upright m.d voluntary difcioiure.