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suant to the said resolution; and that Mr. PARKER, Mr. GORDON, and Mr. ASHE, do prepare and bring in the same.

Mr. BENSON, from the Committee to whom was referred the petition of Robert Heaton, made a report, which was read, and ordered to lie on the table.

The House resolved itself into a Committee of the Whole House on the bill sent from the Senate entitled "An act regulating Foreign Coins, and for other purposes;" and, after some time spent therein, the Chairman reported that the Committee had had the said bill under consideration, and made several amendments thereto; which were severally twice read, and agreed to by the House.

The said bill, together with the amendments thereto, was then read the third time and passed. A message from the Senate informed the House that the Senate have passed the bill entitled "An act to regulate the claims to Invalid Pensions," with several amendments; to which they desire the concurrence of this House.

[H. OF R.

The motion offered by Mr. WHITE, the purport of which is, to amend the first section by striking out what relates to the Director of the Mint, and inserting a clause which provides for the appointment of an officer to be denominated "the Director of Patents," was further considered.

Mr. LIVERMORE objected to the form of the amendment as indirectly providing for a new establishment.

Mr. WHITE withdrew his motion, and offered the following, in substance, in lieu of it:

"That an office shall be established for the purpose of granting patents, vesting in the authors of useful inventions and discoveries the exclusive right to their inventions and discoveries: said office to be under the direction of an officer to be denominated

Mr. LIVERMORE said he liked this motion, because it brought the subject directly before the Committee. This object, however, he disliked; it sounded like a provision for granting dollars per annum-a sound which he was always averse to. He was altogether in favor of devolving the busiThe House resolved itself into a Committee of ness on some officer already appointed: the Secrethe Whole House on the bill to amend an act en-tary of State he mentioned as a proper officer to titled "An act to promote the progress of the Useful Arts;" and, after some time spent therein, the Committee rose, and had leave to sit again.

WEDNESDAY, January 30. Another member, to wit: WILLIAM HINDMAN, returned to serve in this House, for the State of Maryland, in the room of JOSHUA SENEY, who has resigned his seat, appeared, produced his credentials, and took his seat in the House.

The House proceeded to the consideration of the amendments proposed by the Senate to the bill entitled "An act to regulate the claims to Invalid Pensions." Whereupon,

The amendments of the Senate to the bill to regulate claims to Invalid Pensions, were taken into consideration. Being read, it was moved that the bill should be recommitted to a Committee of the Whole.

This motion was objected to as it would set the whole subject afloat, and might in its consequences preclude the Senate from an opportunity of receding from their amendments, and agreeing to the bill as it passed the House.

In answer to this objection, it was said, that the amendments involved an entire new principle, a principle which had not been discussed in the House; and that is, they make distinction in the

situation of those invalids whose cases have been decided on by the Secretary of War, and that of the persons whose claims have been examined by the judges. The cases of the latter are not recognized by the amendments.

The motion for recommitting was carried in the affirmative, and the subject made the order of the day for to-morrow.

PROMOTION OF THE USEFUL ARTS. The House again resolved itself into a Committee of the Whole House on the bill to amend an act entitled "An act to promote the progress of Useful Arts."

superintend this subject.

Mr. PAGE said he should not agree to the amendment if he thought a salary would be the consequence. He supposed that provision might be made for the officer without recurring to a salary: he alluded to fees from the patentees. He objected to devolving the subject on the officer of the Mint, or of the Secretary of State, as interfering with the essential duties of those officers; and, though the gentlemen at present in those offices are abundantly qualified to execute the duty, yet it may happen that persons may hold those appointments at some future time not qualified for this particular service.

Mr. MURRAY observed that the amendment contemplated the appointment of one officer only, and that to be fixed at the seat of Government. He suggested several considerations in favor of investing the Judges of the District Courts with the power of granting patents in the several States, for the greater accommodation of the citizens, and the more extensive encouragement of genius. He was in favor of giving greater facility to the issuing of patents than has hitherto been considered as advisable.

Mr. WHITE said he thought the gentleman's idea would not do, as patents might be issued in the different parts or extremes of the Union for the

same invention.

Mr. MURRAY said that he conceived a remedy for this inconvenience might easily be devised.

the present mode of obtaining patents was, the Mr. BOUDINOT said that one great objection to great delay and expense incurred by the applicants in being obliged to wait till the officers now empowered to decide on applications could find leisure, from the special duties of their offices, to attend to them. With respect to devolving the duty on the Judges, he hoped that would not be done; as it would be found, judging from the engagements of the District Judge of Pennsylvania, that they could not possibly attend to the business.

H. OF R.]

Promotion of the Useful Arts.

[JANUARY, 1793.

Mr. BALDWIN objected generally to any amend- | attraction for the ingenious and aspiring. Lonment which should provide for the institution of a new department. His opinion was, that no office should be created till there was an absolute necessity for it. He entered into a brief consideration of the subject, and attempted to show that the business might with ease and convenience be attended to by some officer already appointed.

Mr. WILLIAMSON, adverting to the principles of the bill, said it was an imitation of the Patent System of Great Britain; that the provisions were such as would circumscribe the duties of the deciding officer within very narrow limits; the settlement of disputes arising from contested claims will devolve on referees altogether. He was decidedly opposed to creating a new department-expense to the Government would be the inevitable consequence. The question on Mr. WHITE's motion was negatived.

Mr. MURRAY said, he intended to move to strike out "Director of the Mint," for the purpose of inserting "the Judge of the District wherein the applicant might reside." As he thought the bill of great consequence as it related to the useful and ornamental arts, he would trouble the Committee with his reasons. He thought it was of consequence that, while the law holds out an invitation to genius, the mode of gratifying the fair and honest inventor should be as easy as possible. The Director of the Mint must reside at the seat of Government; and, if he alone, or any other person, were exclusively empowered to issue patents, the benefits of invention would be but very partially enjoyed by the citizens who reside at a distance from the seat of Government. The law ought to facilitate the granting of patents; and, as the right of exclusive enjoyment, at least for a limited term, was inherent in all equally, in every part of the nation, so all should, as far as possible, have equal facility in making their pretensions known and effectual. A country in Europe (Great Britain) had afforded, it was true, much experience on the subject; but regulations adopted there would not exactly comport in all respects either with the situation of this country or with the rights of the citizen here. The minds of some members had taken a wrong direction, he conceived, from the view in which they had taken up the subject under its analogy with the doctrine of patents in England. There is this strong feature which distinguishes that doctrine in that country from the principles on which we must settle it in this. These patents are derived from the grace of the Monarch, and the exclusive enjoyment of the profits of a discovery is not so much a right inherent as it is a privilege bestowed and an emanation of prerogative. Here, on the contrary, the citizen has a right in the inventions he may make, and considers the law but as the mode by which he is to enjoy their fruits. England is one entire kingdom. Its Court is the scene where its prerogative diffuses its bounties, and being stationed at London, the business can be well managed in a single spot. Here, on the contrary, there are fifteen States, sovereign as to many purposes, and forming within themselves centres of

don, in that country, not only attracts as the mart of genius and of all that contributes to ease or gain, but, by its immense combination of things, aids invention, and draws the genius into action which it may have attracted. But we are differently circumstanced, both as to local situation, and as to the thing as it regards the principle on which it is to be obtained. The distance from the extremes of the Union, or from its centre to its extremes, is very great. If the power were lodged with the District Judges, the citizen of ingenuity would have an opportunity of taking a patent certainly with more ease than if you oblige him to take a journey of perhaps six or eight hundred miles. The facility of enjoyment would prove an incentive to invention. Difficulty and distance would discourage it, and would frequently overpower the wish to obtain a patent for a discovery the profits of which would often be doubtful.

The

One and but one objection had been made to this alteration: that if the District Judges have the power, patents may issue in different places for the same discovery. This would be an evil, but is not without a remedy. Patents are matters of record. Let it be the duty of the Judge immediately after the granting of a patent, to transmit a copy of the application, with all the necessary description of the article, to the Supreme Court, from which it may be easily disseminated to every District Court, and through the United States. An inventor desirous of obtaining a patent, would, of course, examine the patent records to see whether he had been anticipated. grant of a patent does not destroy a claim or right founded in priority. Here he would observe, that, if the inconvenience were not entirely removed by this measure which he proposed, neither was the inconvenience of clashing claims as to originality and priority of discovery removed by any provision of the bill as it stands; nor could human ingenuity, perhaps, devise a complete mode in which it could be obviated. If a man who is really the inventor, chooses to try his title as to the originality of the invention, even after a patent is given to another, he will make and vend the article, and the solid title will be tried before a jury in an action brought against him by the patentee. If the measure he proposed were not deemed a sufficient guard, he would suggest the propriety of a further caution: Let the application be published and remain in the office, as in England it does (he believed) two months in the office of the Attorney General, that a caveat may be entered by any man who might claim or dispute the applicant's title.

He believed that the bill, either as it tended to foster the genius of men, or was considered with respect to distant emolument and national character, was extremely important. It was almost immediately one of those laws that embraced national views and national citizenship, and looked to an object of advantage which nothing but a National Government could secure. Without the aid of a General Government, the genius of the Americans could not reap its fruits.

Nor had the

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State Governments given a fair occasion for the display of the ingenuity which he believed existed in the country. As to this great object, which requires national citizenship, the State laws were impotent. He thought that it was of consequence that no invention, however small or irrelative it might at first appear, should be lost; and, where he saw the idea of a patent law ridiculed by some, and unattended to by others, he believed they were accustomed to take things in their appearances, and had not exerted their reflection. A little reflection would teach us that whatever is great and astonishing in the works of art was humble in its origin, had been opposed by ignorance or cramped by poverty, and had become important but by gradual accumulation and a very slow progression; and that the wisdom of Government should be exerted in forming a repository, where nothing that might eventually be of service should be suffered to perish. He therefore wished to see such a law as would not only secure what might be offered near the Seat of Government, but invite and draw forth the useful invention of those who lived at a distance. That it should present an easy method of granting its protection, he therefore moved, that the Judge of the District wherein the applicant may reside, should be substituted for Director of the Mint.

Mr. WILLIAMSON offered a few objections to this motion, the question on which was taken, and decided in the negative.

On motion of Mr. SEDGWICK, "Director of the Mint" was stricken out, and "Secretary of State" inserted.

Mr. WHITE moved an amendments by way of proviso, the purport of which is, to preclude the inventor of an improvement to a machine from using the original invention, or the author of the original machine from using the improvement. This motion, after some opposition, was agreed to.

Mr. WILLIAMSON moved an amendment to the second section, which provides that the requisite oath or affirmation may be taken before any Judge of the United States, or of any particular State, or any person authorized to administer an oath in the place where the applicant resides. Agreed to.

[H. of R.

bunal of the District of Coutances, in France, addressed to the Congress of the United States, stating the delay of payment of a debt due to the heirs of Jerom Michael Le Brun, late an officer in Armand's Legion, for services in the United States during the late war.

A petition of Brown & Francis, of Providence, in the State of Rhode Island, merchants, was presented to the House and read, praying to be allowed the amount of the drawback on a quantity of gin and codfish, exported from the port of Providence, and duly landed at Calcutta, in the East Indies, and St. Eustatia, in the years 1791 and 1792, of which they are possessed of sufficient evidence, although not in the form prescribed by law.

Ordered, That the said petition be referred to the Secretary of the Treasury, with instruction to examine the same, and report his opinion thereupon to the House.

Mr. GROVE, from the committee appointed presented a bill to reimburse Henry Emanuel Lutterloh for expenses incurred in coming to America to join the Army of the United States; which was received, read twice, and committed.

Mr. PARKER, from the committee appointed, presented a bill to authorize the Comptroller of the Treasury to settle the account of Thomas Wishart, late a Lieutenant in the Army of the United States; which was received, and read twice and committed.

PROMOTION OF THE USEFUL ARTS.

The House again resolved itself into a Committee of the Whole House, on the bill to amend an act, entitled "An act to promote the progress of Useful Arts."

The seventh section was read; some amendments were proposed, but disagreed to.

A motion was made to strike out the 8th section, for the purpose substituting another, which should provide that all interfering claims for patents, should be determined at the option of the parties, either by the Secretary of State, or by arbitrators, &c. This motion gave rise to debate. It was at length moved to amend the motion, by striking out all the words after "Secretary of State;" this motion was not agreed to. Various other amendments to the motion were moved, and last, it was finally agreed to the following modification: That interoffering applications for patents shall be determined by the Secretary of State; or, if all parties require it, by arbitrators, &c.

Mr. WILLIAMSON proposed another amendment, which should vest a discretionary power in the officer to dispense with the production of a model when he should think proper. Agreed to.

The Committee proceeded in the discussion the bill as far as the seventh section; they then rose and reported progress, and the House adjourned.

THURSDAY, January 31.

A message from the Senate informed the House that the Senate have agreed to the amendments proposed by this House to the bill, entitled "An act regulating Foreign Coins, and for other purposes;" with an amendment to the last amendment; to which they desire the concurrence of this House. The Secretary also brought to the House a Letter, received and read in the Senate, from Monsieur Le Brun, heretofore Royal Commissioner at the Tri

The motion for striking out the 8th section, and inserting the amendment, was put, and agreed to.

The committee finished the discussion of the bill; they then rose and reported the same with amendments, which were laid on the table.

FRIDAY, February 1.

The Letter from Monsier Le Brun, communicated in a message from the Senate yesterday, was read, and ordered to be referred to the Secretary of the Treasury, with instruction to examine the matter thereof, and make report thereupon to the House.

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The House proceeded to the consideration of the amendment proposed by the Senate to the last amendment of this House to the bill entitled "An act regulating Foreign Coins, and for other purposes:" Whereupon,

Resolved, That this House doth agree to the said amendment to the amendment.

The House resolved itself into a Committee of the Whole House on the amendments proposed by the Senate to the bill entitled "An act to regulate the claims to Invalid Pensions;" and, after some time spent therein, the Chairman reported that the Committee had had the said amendments under consideration, and directed him to report to the House their agreement to some and disagreement to others of the said amendments. The House proceeded to consider the said report and amend ments: Whereupon,

Resolved, That this House doth agree to the amendments to the first and second sections; and doth disagree to the amendments to the fourth and fifth sections of the said bill.

The House proceeded to the consideration of the amendments reported yesterday by the Committee of the Whole House to the bill to amend an act entitled "An act to promote the progress of Useful Arts;" and, the same being read, were agreed to. And then, the said bill being further amended at the Clerk's table, was, together with the amendments, ordered to be engrossed and read the third time on Monday next.

A petition of James Montgomery, master and commander of the revenue cutter called the General Greene, in behalf of himself and the officers of the said cutter, was presented to the House and read, praying that the compensation allowed by law to the officers and crews of revenue cutters may be augmented, and rendered more adequate to their services.

Ordered, That the said petition be referred to the Secretary of the Treasury with instruction to examine the same, and report his opinion thereupon to the House.

A memorial and petition of the manufacturers of cordage, lines, twine, and packthread in Philadelphia was presented to the House and read, praying that so much of the existing revenue laws of the United States as allows a drawback on foreign cordage, lines, twine, and packthread, may be repealed, and the duties imposed on said articles increased; and that the duty on hemp, when manufactured within the United States, and exported therefrom, may be refunded to the exporter.

Ordered, That the said memorial and petition be referred to the committee to whom was referred, on the 22d ultimo, the memorial of the manufacturers of cordage, lines, and packthread, of Providence, in the State of Rhode Island; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the House.

PROMOTION OF THE USEFUL ARTS. The amendments to the bill, to amend the act, entitled an act to promote the progress of Useful Arts were taken into consideration; some amend

[FEBRUARY, 1793.

ments being made to these amendments, the whole were agreed to; additional amendments were proposed; among others,

Mr. MURRAY moved to add the words "being citizen or citizens of the United States," after the words person or persons; the object of which is, to prevent foreigners from obtaining patents in this country for inventions which they have already obtained patents for in Europe; by which means the citizens of the United States might be prevented from obtaining patents for the same, or similar inventions.

This motion was agreed to.

Mr. KITTERA moved to reduce the period for which patents should be granted, from fourteen to ten years; this motion was negatived. The bill was then ordered to be engrossed for a third reading to-morrow.

MONDAY, February 4.

An engrossed bill to amend an act entitled "An act to promote the progress of Useful Arts,” was read the third time and passed.

The House proceeded to consider the report of the Secretary of the Treasury on the petition of Alexander Contee Hanson, which was made on the 30th of April last: Whereupon,

Resolved, That the Accounting Officers of the Treasury be authorized to liquidate and pay the account of Alexander Contee Hanson, for traveling expenses and attendance at New York as one of the Judges appointed by the General Government to determine a controversy between the States of South Carolina and Georgia, which was, without his knowledge, compromised; and that the allowance be the same as that provided by law for the traveling expenses and attendance of the present members of Congress.

Ordered, That a bill or bills be brought in pursuant to the said resolution; and that Mr. MERCER, Mr. PAGE, and Mr. STURGES, do prepare and bring in the same.

The SPEAKER laid before the House a Letter from the Secretary of the Treasury accompanying a report, and sundry statements marked A, B, C, D, E, and F, made in pursuance of the resolutions of this House of the 23d ultimo; which were read, and ordered to lie on the table.

The House resolved itself into a Committee of the Whole House on the bill sent from the Senate entitled "An act respecting fugitives from justice and persons escaping from the service of their masters;" and, after some time spent therein, the Chairman reported that the Committee had had the said bill under consideration, and made an amendment thereto; which was twice read, and agreed to by the House.

Ordered, That the said bill, with the amendments, do lie on the table.

TUESDAY, February 5.

The House resolved itself into a Committee of the Whole House on the bill to authorize the Comptroller of the Treasury to settle the account

FEBRUARY, 1793.]

Proceedings.

[H. OF R.

of Thomas Wishart, late a Lieutenant in the Army | the Whole House on the report of the committee of the United States; and, after some time spent therein, the Chairman reported that the Committee had had the said bill under consideration, and made no amendment thereto.

Ordered, That the said bill be engrossed, and read the third time to-morrow.

Resolved, That a committee be appointed, to join such committee as may be appointed by the Senate, to ascertain and report the mode of examining the votes for PRESIDENT and VICE PRESIDENT, and of notifying the persons who shall be elected of their election, and to regulate the time, place, and manner of administering the oath of office to the PRE

SIDENT.

Ordered, That Mr. WILLIAM SMITH, Mr. MADISON, and Mr. LAURANCE, be of the said committee on the part of this House.

The House resolved itself into a Committee of the Whole House on the bill to repeal part of a resolution of Congress of the 29th of August, 1788, respecting the inhabitants of Post St. Vincents; and, after some time spent therein, the Chairman reported that the Committee had had the said bill under consideration, and made no amendment thereto. And then, the said bill being amended at the Clerk's table, was, together with the amendment, ordered to be engrossed and read the third time to-morrow.

Ordered, That a committee be appointed to prepare and bring in a bill or bills for allowing a compensation to the PRESIDENT and VICE PRESIDENT OF THE UNITED STATES, to commence from the 4th day of March next; and that Mr. SEDGWICK, Mr. DAYTON, and Mr. BARNWELL, be the said com

mittee.

The House proceeded to consider the bill sent from the Senate, entitled "An act respecting fugitives from justice and persons escaping from the service of their masters," which lay on the table: Whereupon, the said bill, together with the amendment agreed to yesterday, was read the third time; and, on the question that the same do pass, it was resolved in the affirmative-yeas 48, nays 7, as folPlows:

YEAS-Fisher Ames, John Baptist Ashe, Abraham Baldwin, Robert Barnwell, Egbert Benson, Elias Boudinot, Shearjashub Bourne, Benjamin Bourne, Abraham Clark, Jonathan Dayton, William Findley, Thomas Fitzsimons, Elbridge Gerry, Nicholas Gilman, Benjamin Goodhue, James Gordon, Christopher Greenup, Andrew Gregg, Samuel Griffin, William Barry Grove, Thomas Hartley, James Hillhouse, William Hindman, Daniel Huger, Israel Jacobs, Philip Key, Aaron Kitchell, Amasa Learned, Richard Bland Lee, George Leonard, Nathaniel Macon, Andrew Moore, Frederick Augustus Muhlenberg, William Vans Murray, Alexander D. Orr, John Page, Cornelius C. Schoonmaker, Theodore Sedgwick, Peter Sylvester, Israel Smith, William Smith, John Steele, Thomas Sumpter, Thomas Tudor Tucker, Jeremiah Wadsworth, Alexander White, Hugh Williamson, and Francis Willis.

NAYS-Samuel Livermore, John Francis Mercer, Nathaniel Niles, Josiah Parker, Jonathan Sturges, George Thatcher, and Thomas Tredwell.

The House resolved itself into a Committee of

to whom was referred the petition of Woodrop and Joseph Sims; and, after some time spent therein, the Chairman reported that the Committee had had the said report under consideration, and come to a resolution thereupon; which was twice read, and agreed to by the House, as follows:

Resolved, That the remission of duties on a quantity of salt and wines entered at the port of NewYork, which, together with the ship, was lost on the passage from thence to Philadelphia, in March last, ought to be granted, agreeable to the prayer of the petitioners.

Ordered, That a bill or bills be brought in pursuant to the said resolution; and that Mr. KEY, Mr. GROVE, and Mr. TUCKER, do prepare and bring in the same.

Mr. MERCER, from the committee appointed, presented a bill to make compensation to Alexander Contee Hanson; which was received, and read twice and committed.

The House resolved itself into a Committee of the Whole House on the motion of the 18th ultimo, for making provision of half-pay for seven years, to the widows and orphans of certain officers of the Army of the United States; and, after some time spent therein, Mr. SPEAKER resumed the Chair, and Mr. KEY reported that the Committee had, according to order, had the said motion under consideration, and come to a resolution thereupon; which he delivered in at the Clerk's table, where the same was twice read, and agreed to by House, as follows:

Resolved, That provision of half-pay for years to the widows and orphans of such officers of the Army of the United States, as have been killed in the service, since the fourth day of March, one thousand seven hundred and eighty-nine, or who may hereafter be killed in the service of the United States, ought to be made by law.

Ordered, That a bill or bills be brought in pursuant to the said resolution; and that Mr. HARTLEY, Mr. WADSWORTH, and Mr. GREENUP, do prepare and bring in the same.

A message from the Senate, informed the House, act to authorize a Loan in the certificates or notes that the Senate disagree to the bill, entitled “An of such States, as shall have balances due to them upon a final settlement of accounts with the United States." The Senate also insist on their amendments, disagreed to by this House, to the fourth and fifth sections of the bill, entitled "An act to regulate the claims to Invalid Pensions," and desire a conference with this House on the subjectmatter of the said amendments; to which conference, the Senate have appointed managers on their part: The Senate have also agreed to the amendment, proposed by this House, to the bill, entitled "An act respecting fugitives from justice, and persons escaping from the service of their masters:" The Senate have also passed the bill, entitled “An act to continue in force, for a limited tine, and to amend the act, entitled 'An act providing the means of intercourse between the United States and foreign nations."

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The House proceeded to consider so much of the

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