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.
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