The Congressional Globe, Volume 28, Part 3: Thirty-Third Congress, First Session Page: 1,646
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1646
THE CONGRESSIONAL GLOBE.
July 8,
which has emanated from the House committee,
should satisfy every one that it if? fair to give Mr.
Colt the benefit of the extension which he asks.
It is upon these grounds, and this view of the
subject, that I have determined to give my vote for
the bill. But i will not do it, if any evidence or
argument can be adduce^ by the other side to
overcome those convictions. Otherwise I shall
vote for it; and I shall do it in the generous spirit
of the patent system, as it prevails m our coun-
try, and in all enlightened countries in the world,
where the mechanic arts have been"carried to so
(great a degree of perfection, and more through
the instrumentality-of the laws, the extension of
which we propose here, than from any other sin-
gle cause.
Mr. ZOLLICOFFER. It has been with much
regret and surprise that I have listened to the state-
ments made by honorable gentlemen, insinuating
corruption against the members of this body.
Such statements have been made both by a friend
and by an opponent of this bill. There is not,
then, a member of this House but has his reputa-
tion involved in such an imputation. I feel that
when such statements are made it is due to the
House of Representatives, it is due to the Amer-
ican people, that we should make an investigation
into the charges. I have sometimes seen such
insinuations floating through the newspapers of
the country, and I have felt humiliated whenever
I have met with such paragraphs. But now the
imputation# are made upon this floor—at least in-
sinuations that attempts have been made to cor-
rupt members of this House, or that approaches
have been made to them through their friends. I
feel, sir, that it is due to the American Congress
that an investigation should be made when such
statements are presented h^re.
But, inasmuch as a decision was made in the
committee this morning, which will not permit us
to pass over this bill and takeup another bill upon
the Calendar, I lespectfully suggest, in order that
we may give to the gentleman from Virginia (Mr.
LetchekJ arvopportunity to introduce the resolu-
tion which he has read to the House, and thatgwe
may tak& action upon it before we dispose of tins
bill, that the committee rise and report favorably
to postponing any action upon this bill to some
future day.
Mr. CUTTING-. Will the gentleman from
Tennessee withdraw that motion for a few mo-
ments, to enable me to make a few remarks in
reference to an observation which reached my ear,
very imperfectly, from the gentleman from Mich-
igan, [Mr. Stkvens,] but which he repeated in a
way that makes it a matter personal to myself
that 1 should say a word m reference to it? 1 hope
the gentleman will withdraw the motion.
Mr. LETCHER. I hope the gentleman will
withdraw his motion. 1 want to discuss this bill.
Mr. WALSH. So do 1.
Mr. ZOLLICOFFER. I will withdraw the
motion. But before 1 sit down I have a single
additional remark to make. 1 have no means of de-
termining wheiher these insinuations are founded
in fact or not. I have no reason to believe they
are. Hut if the impression exists upon the mind
of a single member of this body that approaches
have been made to members, with a view to
tamper with the honesty and integuty of the
House, I think it is due to us that we should make
an investigation into the facts. 1 withdraw the
motion to rise.
Mr. LETCHER obtained the floor.
Mr. CUTTING. I ask the gentleman to yield
to me for a moment. I rise to make an explanation
somewhat personal to myself. I rarely trouble
the House or the committee with remarks upon
pending measures. I find that 1 have much more to
learn than it is possible for me to teach to others;
and I would not have deviated, in the present in-
stance, from the course which I have generally
pursued, if it had not been for a remark that
dropped from the gentleman from Michigan, to
•which I de&iie to call the attention of the com-
mittee; because, in the estimation of some gentle-
men, it might, perhaps, be supposed to furnish
the key to the motive that will influence my vote.
The gentleman from Michigan remarked that
he expected to beopposed in refeience to this bill,
by members of this House, who have been em-
ployed as counsel in the controversies relating to
iKe Coii parent. Some years ago there was a
-controversy of this description, when Mr. Colt
filed hie bill, or commenced his action—I do not
recollect which—against manufacturers in New
York, Messrs Young & Leavitt, for an alleged
infringement of his patent. On that occasion, I
wes employed as one of the counsel for the de-
fendants. I participated very little either in the
argument or the trial, but nevertheless I stand
1 here answering precisely to the description of that
• class of gentlemen who we are told will be op-
j posed to this claim from such an influence. 1 was
employed as counsel in that case, and I do not
know that there is another gentleman in this
House who has occupied the position of counsel
in any of the controversies in connection with
this patent.
Sir, to those of this committee who know me,
it would be unnecessary for me to say anything
upon this subject; but to a great many who do
not know me, I will say that I have been re-
quested—I might say solicited—by these clients,
to withdraw all opposition to this extension. They
represented to me that, for reasons which they do
not explain to me, but left open for me to conjec-
' ture, they preferred that the bill should be passed.
! I told them that I should vote upon this measure,
, as upon all others, upon the information which I
; should receive m this House; and that if the rea-
sons for the passage of this bill commended them-
selves to my judgment, I should vote for it; and,
on the other hand, quite as freely vote against it,
notwithstanding the request of those gentlemen,
who had been my clients, that I would withdraw
all opposition to it.
Now, Mr. Chairman,it is my intension to vote
against this extension. I beg to state to the com-
mittee briefly the reasons which are sufficient to
direct my own judginentand my own course upon
this matter. As 1 understand, the patent laws
were passed granting to the inventor of a merito-
rious matter the exclusive right for a period of
fourteen years to the enjoyment of the fruits of
his ingenuity. It was considered on the one hand,
that the reward which he would reap during that
period of fourteen years would be a consideration
for yielding up to the community at large for gen-
j eral enjoyment at the expiration of the fourteen
years, that which he had invented. It was found,
however, that men of small meansvery frequently
could not get their inventions into active notice
until the period of fourteen years had nearly ex-
pired, and instead of being a source of profit to
: them, as the Government intended, it sometimes
and frequently was the source of loss', and almost
always of disppointment and regret. In order to
avoid those eviis to inventors, it was agreed by
Congiews that the Commissioner of Patents should
have the right to extend the patent at any period
i before the expiration of the fourteen years, for a
1 further term of seven years. It fixed these two
: characteristics, which were to govern the Commts-
| sioner in all such applications. In the first place,
1 he was bound to ascertain whether the extension
1 of the patent would be compatible with the public
; weal; and secondly, he was to ascertain whether
i or not the inventor had, dunngthefourteen years,
' made, and if so, how much from the fruits of this
I grant,
| In order to guide the Commissioner of Patents,
; if I remember correctly, the act of 1836 required,
' as a condition precedent, that the inventor should
i §>le a statement, under oath, giving the details of
, expenditures and receipts, for the purpose of as-
; certainmghow the balance stood. Now, I ask the
chairman of the Committee on Patents, whether
| that prerequisite has been complied with in this
j case? Because, though Congress may dispense
; with it, yet that which was deemed a vital and
ij material part of the rule, which was to govern the
j. Commissioner, should always be the guide of this
n committee. They say that they have ascertained
[ that he has made certain profits, and has invested
ji them in buildings. I rail on the members of the
j Committee on Patents to give us the information
h which I now ask. Has Mr. Colt ever filed a stafe-
j' ment under his oath, of the amount he has ex-
j; pended, and the amount he has received? If so,
!, I desire its production, that we may at once have
| that tiist preliminary piece of evidence. If I am
j to have it, i should like to have it now, that I
■ may make some remarks on it. If the choir
!' man of the Committee on Patents [Mr, Tiujks-
j tost] is absent, at this time, from the Hall, let
'■ some other gentleman.of that committee tell us
! whether the document which the law requires
as preliminary, has any existence, and if so*
where it is? While waiting for an answer, I
shall proceed to a few more reasons which shall
govern me, and they are these: The committee
say that this patent ought to be extended a second
time because the good of the United States will
thereby be promoted. The committee will bear
in mind that the patent has still three years to run,
and that they want to splice on at the end of the
three years this additional term of seven years*
so as to make it ten years from February last.
And then they say that the good of this country,
for which we are legislating, requires that to be
done; and how is that made out? "Why, if we
do not give him the exclusive right to manufacture
these weapons in the United States, there will be
rival establishments started here that will compete
with him and make inferior articles, and that
thereby the community will be iojured.
Let me grant, for the purposejpf the argument,,
that to extend the exclusive rigfW to Mr. Colt for
seven years more will prohibit every man in this
country from engaging in the manufacture of these
articles. I ask if these patent laws extend to Ger-
many, England, Scotland and Ireland, and all the
rest of the civilized world ? This Congress, then,
would fetter the people of the United States for a
further time of seven years, rendering them ihe-
only people upon the face of the civilized globe-
that cannot engage in this branch of manufacture,
and leaving it to the whole of Europe, and every
part of the world,to engage in the undertaking.
Cannot they make spurious articles? Are the
German manufactures of scythes, knives, and
forks comparable to the productions of England
and this country? Can they not make spurious
articles in England? What do they want of
■ patentlaws, if they cannot make spurious articles ?
j Would not this country be flooded with cheap
| and inferior arms from abroad, even though you
i were to extend this patent? The only effect
i would be to give full latitude and liberty to all the
1 woild, except the citizens of the country you rep~
! resent, to engage in this branch of manufactures;
I and that,they say, is to advance thepublicinterests
of the United States. Why, carry it out a little-
further, and prohibit the people of the United
States from manufacturing any articles useful to
the community, and leave the rest of the world at
liberty to do as they choose, and I ask you what
the productive interest of the country would be in
a little while under such legislation as that?
! Again, are we at this period of the world to say
; that competition in the manufacture of fire-arms
1 will not tend, like competition in the manufacture
j of everything else, to bring out the best article
I that the wit, ingenuity, and capital of man can
i possibly devise. Again, it is said that we must,
I at the end of three years, extend the patent for
. seven years more, for the purpose of enabling-
! Mr. Colt to do—what? Why, to make so much
j money during that interval, and perfect his build-
' mg, tools, and instruments, as to defy competition.
; in other words, ypu are to give to him substan-
1 tially the power to put down any rival manufac-
; turers for all time to come. If the manufacture
| of spurious articles is to be avoided by the exten-
: sion of this patent, as gentlemen contend, the
| argument which would allow Colt to continue his
; patent for seven years, would also allow him to
■ continue it perpetually.
| In regard to this matter of profit, I wish to
! know where is the evidence as to the amount of
i money that has been made by Mr. Colt. I ob-
, serve upon my table a letter from the chairman of
I the Committee on Patents to the Commissioner of
1 Patents, dated in January last, in which he com-
| plains that those who deal largely, I suppose, in
' gossip, and who have little else to do than to amuse
, themselves with tittle-tattle about applicants to-
j Congress, and members, and everything else that
1 does not exactly concern themselves, credited or
; believed the rumor that Mr. Colt had made mil-
} lions of dollars by the manufacture of his arms.
The Committee on Patents deny the truth of the
j rumor; but in their denial they seem to make a
[ concession that at least advances a very little way
i in ascertaining how much has been made. The
, chairman of the Committee on Patents uses the
: following language:
; "6mce the committee reported to Conprese, my atten-
tion has been called to a decision marie hv you, on the
; application of Colonel Colt, for the extension'of another
1 patent lor some improvements to his Original invention
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United States. Congress. The Congressional Globe, Volume 28, Part 3: Thirty-Third Congress, First Session, book, 1854; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc30787/m1/80/: accessed July 16, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.