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into the means of private profit, rather than of discharged by the consul, there is no good reason denial to consuls of an interest in the furnishing of the public good. There are generally three guards for this difference in the charge.

supplies to sailors; in abolishing the percentage upon upon the abuse.

For example, for extension of protest at Liver- the sums advanced by Government for their relief, and First. Precision in the amount of the fee, and pool, the charge has been about nine dollars; at in allowing the office of consul to be filled only by definiteness in the subject and the service for Glasgow, eleven dollars; at Calcutta, thirty-two American citizens. which it is to be exacted.

dollars; at Melbourne, thirty-five dollars; at Gib. The three principal sources of fees, under the Second. The intelligence of the party paying as raltar, sixteen dollars; and at Halifax, Nova Sco- present system, will continue under the bill, to what is really due,

and his capacity to resist im- tia, twenty dollars; at St. Helena and Bermuda, changed merely in the mode of collection; and position when attempted eight dollars.

will be Third. The absence of a personal interest in the In Spain, at Cadiz and Malaga, eight dollars; 1. A tax of one half per cent. on tonnage of amount paid by the one who collects it, restraint and at Havana, seventeen dollars; and at Matan- vessels; of public opinion upon his conduct, and liability | zae, in the same island, twenty-five dollars. 2. The fee paid by captains for shipment and to punishment for extortion.

So in France, at Bordeaux, twelve dollars; and discharge of seamen abroad; and
The present system of levying fees by American at Havre and Marseilles, eight dollars.

3. The fee for swearing of invoices before the consuls abroad is without any one of these guards. So at Panama, twenty to thirty dollars; and at consul. The fees are indefinite in character and amount; they 1) Carthagena, in the same country, eight dollars. Under the bill, that will be the guards upon the are generally proporlioned to the formalities required Under the bill, the amount paid will not go to just collection and return of these fees ? by the consul himself, and to the charges established in the consul, and he will have no interest in charg. Pirst. The four dollars fee for receipt and de. the port where he is l cated. ing more than a reasonable sum.

livery of ship's papers, is changed to one half per He is made a judge of the occasion, when his Administration upon the estate of citizens of cent. on the tonnage of the vessel. The Secretary services are required, and then directly interested our country dying abroad is a duty cften imposed of the Treasury's report of the commerce and in increasing the formalities of trade, and the port upon consuls. As his employment in this way ) navigation of the country, at different foreign ports, regulations of his locality, and in having the is not, however, strictly required by law, but will afford a complete verification of the amount authorities levy as many and as high fees upon generally at the option of the parties interested in collected in this way. In five minutes at his desk, the commerce of his country as possible.

the estate of the deceased, the bill imposes a charge the Secretary of the Treasury can calculate the fees The persons upon whom he now levies his fees equal to that paid ac home for similar service, in collected from this source by any consul abroad. are, from character and pursuit, the most helpless order to prevent his being burdened unnecessa- Second. Every captain of a vessel about to gail class of American citizens. The sailor, proverb- rily with business of this character.

on a foreign voyage now gives bond to bring back ially thoughtless and ignorant, now pays the most The provisions of the bill regulating the rights of his seamen to their own country. On his return numerous and heaviest fees of the consul.

masters of vessels and seamen are such as have been to a home port he places on record the consul's Some of these fees are in the nature of commis- fuuni valuable in experience, and are intended to certificate of every seaman shipped or discharged sions upon the sailor's wages, involving calcula- | protect the sailor from many impositions of which he | abroad. This makes easy the verification of the tions impossible for him to make, and others of is now the subject.

fees collected from this source. them, both in subject and amount, purely at the The fees levied by consuls upon the shipment or Third. All invoices sworn to abroad are now discretion of the consul.

discharge of seamen in a foreign port is, under the || examined and entered of record by the collector The consul at a remote locality is placed almost bill, to be paid by the captain of the vessel. When- | at the horce port. He has only to multiply the beyond the reach of public opinion, and if dis- ever the captain of an American vessel discharges number entered from any foreign port by two dolposed to be corrupt, finds almost any abuse justi- an American seaman at a foreign port, he is now lars, the fee for swearing to them, and he has the fied by the practice of the foreign Government. obliged to pay three months' extra wages. Two amount collected at any consulate abroad.

The difficulty of bringing home to him the evi- months of this goes to the sailor, to aid him in Will the returns under the bill be suficient to meet dence of his extortion in any particular case-the getting home, and one month is paid over to the the expense of the consular system? impossibility of perpetuating testimony without consul, to serve as a Government fund for desti- Under our existing system there are immense his aid, and the time that must necessarily elapse tute seamen. Upon the wages thus paid to sea- corruptions and frauds

upon the revenue, and an before his conduct can be inquired into, through men, consuls have been in the habit of charging actual outlay from the Treasury of about $30,000 the State Department, places him almost beyond from two and a half to five per cent. As sailors for consuls at ports where the fees from commerce the fear of punishment.

are generally bad calculators, great imposition has || furnish no support. And, as if to insure extortion, the law provides that been practiced upon them in overcharging this Under the present bill the consular system will all he collects shall go into his own pocket, thus crea- percentage. By the bill this commission, and support itself, save this outlay of $30,000, and, in ting a direct positive inlerest in making his office an numerous other fees paid by the sailors, are abol- addition, $40,000, at least, of the fund now wasted agency purely of private gain. The position has ished.

under pretense of protection to destitute seamen. been generally sought, and not unfrequently con- Under the bill, consuls at important points are not This calculation is based upon the following ferred, expressly for this object, and as, in propor- l permitted to be interested with those who board or elements: tion to its yield is the danger of removal, the furnish supplies for destitute seamen.

This guard

First. The amount to be collected from the tax consul's desire to accumulate in stimulated by the is required from the fact of many United States on tonnage of vessels under the bill will be, on uncertainty of his tenure of office.

consuis in the Pacific keeping hospitals for, and calculation, in the aggregate a little less than that I could enumerate instances of the manner in lodging, seamen, and, under our present system, now realized from the tax of four dollars for rewhich the interest of commerce, the rights of sea- paying themselves for their support, as if sick or ceipt and delivery of ship's papers. men, and the honor of the country, have suffered destitute, out of the fund made up from the two Second. That on shipment and discharge of under the outrageous abuses of our existing con- months'wages paid for discharge of seamen, and, seamen abroad will be paid by the captains of sular service, which, if not certified to beyond | where that is not sufficient, drawing upon the Uni- vessels, and will nearly double what is now requestion, would seem almost incredible.

ted Siates Treasury, and receiving a commission ceived from the same source. The subject, however, is exhaustless, and my of five per cent. upon their bills, as if for moneys Third. The number of invoices sworn abroad, time limited. I will, therefore, only menlion, briefly, advanced.

and the fees arising from them, will be greatly one or two of these evils, as they affect commerce, The operation has been this: The consul is re- increased, for there will be no reason why the seamen, and the Government.

quired by law to take care of destitute American foreign merchant should desire to avoid showing At present every vessel touching at a foreign port seamen thrown upon his hands. He pays their the consul his business, and he will swear his inwhere there is an American consul, pays to him physician and board bills, and provides them pas- | voices before him. at least four dollars. The vessel of one hundred gage home. On all moneys thus expended he is Take, however, the returns under the present tons pays as much as one of three thousand. This allowed five per cent. If he advanced the amount system, as the same in amount as those likely to operates as a discriminating tax against commerce from his private means the percentage would be be collected under the bill, and upon this base a with countries contiguous, and in favor of wealthy just. In point of fact, however, he does not ad- calculation. capitalists engaged in distant trade. For example: a vessel of iwo hundred tons, making twenty Government, which he may sell at a premium. sulates and commercial agencies under the Govvoyages in the year, between Boston, or any of || The percentage thus serves only as an inducement

ernment.* Of these only one hundred and thirtythe New England ports, and the British Provinces; to excessive drafts upon the Treasury, the effect one returned any account of fees. These returns or between New York, or any of our southern

of which is seen in the annual appropriation for amounted, in that year, to $153,196 19. As the porta, and Cuba and Mexico, would pay eighty the relief of seamen, mounting up from originally fees collected are now the property of the consul, dollars—while a vessel with a valuable cargo, and $10,000, to $125,000 the past year,

and there is no law, but only instructions from of two thousand tons, sailing to some distant

Lieutenant Lee, of the brig Dolphin, in a recent the State Department, requiring a statement of port in China, or the East Indies, would pay only l report to the Secretary of the Navy, speaking of their amount, but little reliance can be placed on four dollars. Under the bill this charge is propor- the system of the relief to sailors, and the abuses the correctness of the returns. I have not moet Lioned to the tonnage.

practised under it by American consuls, says: any one in the service who considered them correct. For notarial service consuls are now allowed to "There is probably no branch of our expenditures which At some consulates I have evidence that the actual charge the rates of the country in which they

is more impolitic and unnecessary. It is an encouragement
to that class of consular agents who are actively eng zed,

has been three, and, in some cases, five times reside, and are, consequently, interested in keeping or individually interested in commercial houses, to winkai

that returned. A fair estimate would probably these rates as high as possible. At some points, the oppression practised by some merchant captains upon where facilities for business are great, the tax for their crews, and the abuse of bringing out sick relations or

*Number of consulates March 3, 1853

193 extension of protest, for example, is slight; at

friends for the benefit of a sea voyage, to be cared for and
returned at the expense of the Government, and is an in.

Commercial agencies March 3, 1853... others, measured by the rates of a semi-civilized ducement to that other and numerous host of foreigners airla

Consul general March 3, 1853. country, where writing is a science, and materials ing as agents to consuls to construct cases and expenses which Total.....

210 for it scarce, it is enormous. As the actual labor never Ocurred,"

Whole number by the proposed bill. is not dependent upon locality, nor necessarily By the bill these abuses are guarded against in the Reduction......

vance a dollar; but simply draws a draft upon the cathere were in 1853, two hundred and ten con

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39

330 CONG.... 20 Sess.

The Colt Patent-Mr. James.

SENATE.

be to double the aggregate amounts. But, to be The extension of our territory; the rapid devel- || long since discovered that, with such rude impleentirely safe, I increase them only three fourths, opment of our wealth; the opening of new, and ments, requiring a vast amount of labor, the tiller making the yield from fees under the bill the increase of old, sources of foreign trade; and of the ground was able to realize but a tithe of the $268,085 831

the participation in it of the capital and products fruits the earth was capable of yielding. Mechan. The expense under the bill will be $271,450. of all sections of the Union, have caused to sym- ical genius stepped in to obviate the evil. And

From this take fees collected, and it leaves the pathize nearly every domestic interest with foreign | what has been the result? Let the numerous imcost to the Treasury, $3,364 16.

affairs. It is no exaggeration to say that there is provements and inventions relating not only to the Under the present system there is paid out of | not an acre of corn or cotton grown in the West plow, but to every other agricultural implement, the Treasury annually, for salary io consuls, li or South, not an American vessel in any port in be brought into the account. Take note of the $27,800.

the world insured, not a loan made, nor a note saving of two thirds of the labor, with the increase Showing a saving to the Treasury, in this partic- || discounted at any of our banks, which is not of two hundred per cent. in the amount of prodular, under the proposed bill, of at least $24,435 84. 1 affected in its value, or in some way acted upon, | uct, and we may form some idea of what invent

If to this be added-one-half would be right, and made a vibration of the great political and ive genius has done for agriculture. but say one fourth-$40,000 of the $160,000 ex- financial movements of the rest of the world. The Why is not the cotton planter of the South at pended for destitute seamen, and we have by the fact that these domestic interests which thus, like this moment employing twenty hands to pick the bill an annual saving of $64,435 84.

nerves, spread all over the globe, connect remote seeds from cotton for two weeks, which two Mr. Speaker, I have now gone through the localities with interior points of our own country, | hands, with a horse or mule, can do in as many explanation of this bill. I have desired to be cannot be protected by our own legislation, but | hours? Because there arose a Whitney, whose brief, and with this view have onfined myself to depend upon treaties and the regard of the other practical eye saw the waste of labor, and whose a mere statement of its provisions.

Powers of the earth for certain great principles of ready and practical inventive genius soon discove In submitting this diplomatic and consular re- international law, makes the perfecting of the ered the means to counteract the evil. form to the action of the House, the committee | agency through which we communicate with the Little more than a quarter of a century has have discharged a laborious duty. They entered rest of the world a matter of great practical im- | elapsed since our farmers used the sickle as a upon it with reluctance, for they knew it to be of portance,

harvester, and trod out the grain with horses, or a character members would have little leisure to A distinguished statesman of England, speak- beat it out with fails. These means have been set examine, and that the provisions of any bill they | ing on this subject, has called ministers and con- aside and superseded by the reaper, the threshing proposed could be easily misrepresented.

suls "the ears, eyes, and mouths of a Govern- | machine, &c.; and the amount of labor and In behalf of the Committee on Foreign Affairs ment, by which it hears, sees, and communicates expense thus saved on the immense quantities of I now earnestly ask the House lo adopt it. with the rest of the world." The object of this the cereals produced in our country exceed all

It is utterly useless, under our existing system, to bill is to make these organs of communication attempts at calculation. And to whom and what request of that committee an opinion upon the legality respond more distinctly to the purpose of their is agriculture indebted for these very numerous of any claim that is preferred against the Government creation.

and important benefits ? Not to itself, surely; for by one in the foreign service. There is no law to It is time that something was done to reform she is simply practical in her own field of labor. guide ils decisions, and almost every claim depends | existing abuses. Ourinterests at home and abroad No. She is indebted for them entirely to inventive upon precedent or the discretion of the Secretary of demand it. The honor of the country requires it. I genius and the mechanic arts. Slate. These claims are multiplying with each The occasion is a fit one.

Mr. President, even the learned sciences are year, and they will continue to multiply to a fear- The bill introduced by the committee has been under obligations, great and unmistakable, to in. ful extent unless there is some positive law defining | framed from a careful examination of the bills and ventive genius and mechanical skill. In thousands the duties to be discharged, and fixing their proper reports of the committees of this House, aided by of instances, though men well versed in the specremuneration. Last session about thirty thousand the personal and official experience of many who ulative sciences may fully understand the results dollars were expended in meeting these demands. have been connected with our foreign service. It they wish to produce, and the laws that must gore They come into the House without explanation, does not profess to be perfect. li is difficult to ern the process, are yet dependent on the inventor get attached to our general appropriation bills, frame such a bill.

and the mechanic for the means. Scientific men no one knows how, and pass, no one knows why, It embraces, however, features which have been had long pondered on the power of steam, and had running up our aggregate expenditures, each one unanimously recommended by previous reports, even made some impotent attempts to press it into becoming a precedent, prolific of similar demands and it has sought to embody them in such a shape the service of man; but they all failed. It rein the future. This should not be. It is a great as to correct abuses, facilitate the public business, | quired men with the mechanical and inventive abuse. It reflects discredit upon those in the and serve as the basis of any further reform that l genius of Bolton, Watt, Evans, and Sickels to foreign service, subjects themr to pesonal humilia- may be found necessary.

carry out the sublime project, and to accomplish tion, and is entirely opposed to the genius of our

wonders of which the scientific world had never institutions.

dreamed. The result to the civilized world has Mr. Speaker, in all that I have said I have

THE COLT PATENT.

been far more wonderful than the invention itself. avoided reference either to party or to individuals. This is a national reform, equally affecting every

SPEECH OF HON. C. T. JAMES,

It has multiplied almost to infinity the luxuries,

the elegances, and the comforts of life. By almost portion of the country, and, until itis accomplished,

OF RHODE ISLAND,

annihilating time and space, it has facilitated a good men of all parties, engaged in the foreign service, will participate alike in the popular preju. On the bill to authorize the Commissioner of Pat- | strengihening the bands of amity and friendship,

IN THE SENATE, March 3, 1855.

hundred-fold, intercourse between towns, cities,

States, and nations; thus diffusing knowledge, dice that now exists, created by the abuses of a defective system.

ents to extend the Patent heretofore granted to I have also avoided any reference to the for

Samuel Colt for an improvement in Fire-Arms:

and greatly multiplying the products of human

skill. In short, the benefits of this noble inveneign policy of our Government, either in the past Mr. JAMES said:

tion, and which are daily on the increase, are or present. Its discussion has nothing to do with Mr. President: Before this bill is finally dis- | beyond the utmost stretch of human calculation. the reforms of this bill.

posed of, I hope the Senate will indulge me with As respects manufactured articles of every Although embarrassed by jealousies in our early | the opportunity to make some remarks, which description, invention and improvement are in relations with foreign Powers, we have found, in justice to Colonel Colt, to the law of patents, and continued progress, and scarce an article can be our remoteness from the conflicts of Europe, and to the public, would seem equally to demand, as

named that has not within half a century been our geographical position at the head of a great well as

to the committee who reported the bill. in improved from filty to a hundred per cent, in continent, advantages which, with the cautious doing this, I shall find it necessary to say some- quality and form, and mostly by machinery inmaxims of Washington, are destined, beyond thing of the mutual or relative rights of the pat- vented for the purpose, while they have all been doubt, to make us the commercial and political entee and the public, the benefits derived to the reduced in cost in about the same ratio. Look, center of the world.

public from inventions, and the particular merits sir, at the Hindoo, as he sits under the thick folia In sixty-five years we have grown from a few of Colonel Cole's claims, as set forth in the bill | age of some spreading tree top, and witness the comparatively feeble settlements into a great em- and in the report of your Committee on Patents pire. Civilization has, within this period, poured and the Patent Office. In the first place, permit and twists the thread of cotton with his fingers.

slow and tedious process by which he draws out its light into our great central valley, and forests me to allude to the value and importance of prac- Look at another, who, with his web of yarn suso have disappeared, cities sprung up, and a magnifi- | tical inventive genius to the public, as well as to pended from another tree, slowly, with his hands, cent landscape everywhere spread itself out, beau- | individual interests and welfare.

inserts the woof, and converts the whole into cloth. tiful in the results of religion, and law:

I am fully aware, sir, that the mechanic arts are considered, and justly, too, as being secondary to still practiced in Hindostan, was the only mode

Sir, scarce a century has passed away, since this, 1800.

agriculture. Yet, sir, what would be the state of known in the world of the manufacture of cotton Population..

5,305,925
23,191,876 | agriculture in our country at this moment, but for

Look now into the manufactory of modern days, Area of territory..

the aid of that secondary science, mechanics, Exports..... $70,971, 7c0 $151,898,720 aided, fostered, and brought into practical use by and there you see manufactured, by means of the

as improved by mechanical skill and invention; Imports..

$91,252,768 $178,138,318 Tonnage......................

972,492 3,535,454
60,000

the American farmer, in the middle of this nine auxiliary machinery, apparently almost without

140,000 Commercial treaties with......

teenth century, preparing his fields to receive the the aid of human labor, a greater quantity of the Revenues of Government....... $10,624,997 $43,375,798 || seed—the germ of his future harvest—with an Expenses of Government...... $7,411,370 $43,002,168

fabric manufactured for each person employed in Expenses of foreign service.... $153,000 $112,749 of wood-the primitive implement of the untaught hundred Hindoo spinners and weavers with their

In this it may be questioned whether the in- | barbarian, and still in use, with very triding im- primitive implements. ternal or foreign policy of the Government has provement, among many tribes and nations of the had the most influence. earth? Because, sir, the eye of skill and science U recollections, those who can, to the period some

Once more on this subject. Turn back in our

1850.

Seamen .........

5 nations.

19 nations.

330 Cong....20 Sess.

The Colt Patent-Mr. James.

SENATE.

they e multiply, improve, and cheapen products. 11 my suggestions thus far be correct, and it reasonable sum for the right to use it.

Whole commanright or common to the other

the inquiry which presents itself is, is

forty-five years since. Cotton goods then selling may be extended till the object shall have been oly, because it deprives the public of no rights at thirty cents per yard can now be purchased at secured.

the public ever possessed, and secures to Blanchseven and a half cents; and yet the prices of labor, These remarks are founded on the eternal prin- | ard only those originally his own. How the puband the cost of living, have much increased since ciples of right and justice. The public has no lic is wronged, then, it is difficult to learn.' By that period. And what causes have produced this stronger or more rightful claim to an invention, means of the patent machine, as the case is with reduction Improvements in the cultivation of other than by gift or purchase, than to the lands, all useful inventions, a better and cheaper article cotton, the introduction of the cotton gin, and the goods, and chattels of the inventor; and he who is obtained than could otherwise be had. There almost innumerable inventions and improvements would force it from him, or willfully invade his is no prohibition of the manufacture of the article

The public certainly should wonderful? And shall we not highly appreciate no better than it would be to rob or swindle him of be willing, then, that the patente should share, the genius, the energies, the intellect, and the any other property. On these grounds it is that in some small degree, in the benefits they receive labors, by the combination and exercise of which the inventor agrees to relinquish his invention to to compensate and reward him; and others who such great results have been achieved ? It need the public at a future day; and the consideration realize ihe advantages of the patented machinery not be shown that all the causes named go to in- is the promise of legal protection in the enjoyment over all other modes of operation should, as maithe of his day . ter of justice as well as law, be willing to pay a

On such At the same time, it is equally plain that, by re- appears to me they are, the only benefit derived conditions any one and all may have it. And ducing the quantity of labor necessary to any by the inventor by legislation, is protection of the what becomes of the odious monopoly? It regiven result, they leave a surplus to be applied to original right of property, his entirely, independ- sults in a creature of the imagination. Patent other objects which could not be attained without it, ent of legal enactments, for a limited period, while | laws only secure to patentees the right common and thus facilitate and enhance the general wealth. all other property is secured to its owners by un- to all men: to do as ihey will with their own.

The second point is, to inquire whether men limited protection, and forever. And, sir, I repeat Mr. President, in what I have said, I do not who spend time, money, labor, and energy, as the declaration: He who knowingly and willfully || Natter myseli with having exhibited much of the well as intellectual power, in bringing about these invades the rights of a patentee, thus legally recog- lawyer. But, sir, it appears to ine to be fully in improvements which so much benefit mankind, nized and admitted, performs an act in no manner fellowship with the dictates of reason, justice, have or have not the exclusive right to their inven- more honorable then it would be to take, clandes. || equity, human right, and common sense; and the tions, and should or should not be protected in the, tinely, the money from his purse at midnight, and true intent and meaning of the patent laws, as far enjoyment of that right? no less legally wrong.

as I am qualified or able to understand them. It would seem to be supposed by many, I ap- There exists, with many persons, a feeling of hos | From these premises it is my wish now to prehend by most people, that a patent creates a tility against all patents, and more especially against examine, briefly, the claims of Colonel Colt for right, which is conferred as a special favor on the all exiensions of them, on the assumed ground an extension of his patent, which has, without inventor. From this view of the subject I must that they are monopolies, and conflicting with the any sound reason, in my apprehension, been take the liberty to differ in toto. It is as plain as rights of the public. It is difficult to account for rejected in the other House. This it is my wish the light of the sun at noonday that the product, the existence of such a feeling, unless we look for to do, in justice to your committee which reported be it what it may, of a man's' own industry, in- its origin either to ignorance, selfishness, or both. Il in favor of the claim, and, incidentally, in justice genuity, capital, and intellect, and by honest A monopoly, in the popular and odious sense of to Colonel Colt. means, is as truly his own property, by virtue of the term, is a right or privilege common to the natural right, as the same can be made so by legal

Samuel Colt, the petitioner, the true inventor of enactment. The crop raised by the agriculturist stowed exclusively on one person, or association the arm that bears his name? In other words, is on his own field even the savage recognizes as his of persons. Thus, were a patent to be issued to the invention of Colt’s revolving arms rightfully own property. But the owner of this crop, dwell. one man, conferring on him the sole and exclusive | the property of Samuel Colt, the petitioner? For ing in the midst of people without laws, may privilege to cultivate wheat, and, by means of a it has been shown, in my apprehension, beyond have it wrested from him by the hand of violence stringent law, with heavy penalties, should all || all doubt or cavil, that the invention of him who before he has had an opportunity to deposit it others be prevented from cultivating the same, makes it and brings it into use, is his property by in a place of safety. What does man require? this would be an odious monopoly in the true right, independent of legal sanction; and us such, The strong arm of law to protect him in the pos- sense of the term; because it would deprive the should, in justice and equity, be secured to him session and enjoyment of property already his public of the enjoyment of a right common to all, by legal, and, if necessary, judicial action. own-not to give him the right of property, for that and concentrate that right, by an arbitrary decree, In answer to these queries, it will be necessary he already has. Thus with regard to all property, in the person of one individual.

only to say the question has passed the ordeals of the laws create no right of possession; they only On ihe other hand, should that person have two of the severest judicial iests ever applied to define the right, and sustain and protect it. discovered a new and useful method, unknown to any patent in the United States. The first trial

The original work of an author and the inven- every one else, by means of which he could increase was had in Boston, Massachusetts, in June, 1851, tion and discovery of a man of mechanical or scien- the crop a hundred per centum to the acre, and before his honor, the late and lamented Levi tific genius are just as truly and exclusively their improve its quality, that method would be his Woodbury, one of the Associate Justices of the property, on every principle of right and justice, own; no other person could urge even the slightest | Supreme Court of the United States. The deas would be the products of their own fields, by possible claim to it. And no law founded on right fendants in the case were the “ Massachusetts Arms the labor of their own hands, and should be just and justice, or in accordance with our republican || Company,who were prosecuted by Samuel Colt, as thoroughly secured to them by the laws of the institutions, could or would compel him to impart || plaintiff, for invasions of his patení rights. This land. The laws fully recognize this principle, and a knowledge of that method io others. That irial occupied the court for a long period, and the are designed, as far as relates to this subject, to invention is the inventor's own property, as truly investigation was thorough and complete. Able carry that principle out for a time, and for specific 80 as the ground he has purchased with his own counsel was employed on both sides. More than purposes.

money. Should the individual farmer wish to twenty witnesses were examined and cross-examPatent laws are a species of compromise between obtain a knowledge of the invention, he must pay || ined, at great length; many of them experts. The the public and the inventor. The invention be- for it; and, if a liberal, enlightened, and honest | details of the trial cover more than three hundred longs to him, his heirs, executors, and assigns,

man,

he will willingly pay for the invention, and || closely printed octavo pages, including the charge. forever. He has the unquestionable right, as with the right to use it, in proportion to what it has of the court. The jury, with that charge, and the any other species of his own property, either to cost the inventor, and to the benefits he (the farmer) || testimony that had been given pro and con., redispose of it to the public or to individuals, or to may derive from it. As property, the law cannot quired but a brief space for deliberation, and suon suppress it, destroy it, or operate with it in secret, compel the invention to be given up without pay- returned into court with this verdict: as he may deem proper; and no one can interfere ment, even for public use, because the Constitu

“The jury, in the case of Colt vs. the Massachusetts Armg with him as to the manner in which he may de- tion provides that private property shall not be Company, find in the plaintiff': gun, a new and novel comtermine to dispose of it. It is deemed, however, taken for public uses without just compensation.

bination to produce the effect described in his patent, no that the invention would be valuable to the public; The security of the right of this inventor by jury further find the defendants have infringed the first three

found in any other fire-arm prior to his inventjou; and the but it is also deemed unjust that its owner should patent is evidently no more truly a monopoly, for claims of the plaintiff's patent, and assess dainages in the be required to give it to the public, for their ben- ihe time being, than the possession and control of sum of one dollar, accoruing to the agreement."* efit, without securing to him the opportunity to the fields on which he employs his new method of The second and last trial took place in the realize from it a sum equivalent to the time and cultivation. Both are his, unquestionably so. But southern district of New York, before his Honor money expended in making his invention and there is this difference in the result: For the con- Judge Nelson, one of the Associate Justices of the bringing it into use, and a reward, by way of re- sideraton of a trifling annual tax the law warrants Supreme Court of the United States, on applica

munerating him as a public benefactor, in some and secures to him the quiet and peaceable posses. tion of Samuel Colt for an injunction against . degree proportionate to the benefits conferred. sion of his fields, and to his heirs, and assigns Hiram Young and Francis Leavitt, as invaders

Such is the mutual contract, by law, between the forever. But the right in his patent invention is of Colt's patent rights. And in this case, too, after public and the inventor.

secured to him only for a limited period; and then, a hard-fought struggle, Colt's priority of invenBecause the right of property in the invention unlike his lands, although equally and solely his tion was firmly established, and the court issued would at once be invaded when introduced to the own property, the right and possession are relin- | the injunction asked for. public unless invasions were prevented by means quished for the use and benefit of the public. Sir, after these trials, attended with such searchof legal restraint, the law volunteers to secure to Blanchard, and those to whom he may dispose | ing investigations, with the aid of able counsel, the inventor and owner his right of property for of it, and they only, have the right to use his and under the direction of such courts, and the a certain period, and holding out in prospective, patent inventions for turning gun-stocks, shoe decisive results arrived at, it would be but a waste also, on the principle of equity, that, if the period lasts, and other irregular forms. Yet every one specified be not adequate to produce the remuner- has the right to manufacture such articles by all

It was agreed between the parties before going to trial,

that the amount of damages should be nominal. The ques ation and reward anticipated in the law, the period other means. His patent, therefore, is no monop- tion of damages being reserved.

330 CONG.... 20 Sess.

The Colt Patent-Mr. James.

SENATE.

,&c.

of time to offer any further proofs that Samuel The superiority, the utility, and the consequent service, and forguerrilla and Indian warfare. Of Colt is the original inventor of the arm that bears | value of such an arm to military men against the these I shall quote but a few, and those mostly his name, and that, consequently, the invention is savages on our frontier, and also on the field of from officers who have made up their judgment his own property. Such being the facts, the next battle with a disciplined foe, cannot be too highly from their personal experience. I give the opinion question that arises, is, has he the equitable right estimated. The superiority which such an arm

of the Board of Ordnance Practice. The mem. to claim, and is he entitled to a reasonable com- i imparts to a given force over an equal force in bers of that board say: pensation for that right, or that property, as the point of numbers armed with the common weapon, “ From the examination and trials which they have consideration for its abandonment to the public? is too obvious to demand proof; and yet I shall made of these arms, the board are of opinion that Coll's Having the provisions of law applicable to the give it. I would first remark, however, that the

revolving pistol is better adapted to the service of mounted

troops than any other pistol offered to their notice, and case, common sense and common justice both benefits resulting from the use of the improved

may be advantageously substituted for the present cavalry reply in the affirmative, provided the invention be arm, are boih to the Government and the soldier.

pistol. useful. That it is useful and valuable is abun. To the latter it gives an unmistakable advantage

Signed-Brevet Col. R. L. BAKER, dantly evident, as well from the numerous testi- over his opponent, both in al lack and defense. To

Maj. A. MORDECAI, Ordnance monials of those qualified to judge as from the the Government it becomes the means of power,

CoI. BENJ. HUGER, Board of

Maj. W.A. THORNTON, Practie, numerousinfringements that have occurred, and the and the saving of life and money, because, one

Lieut. COL. TALCOTT. ; determined and persevering hostility of interested hundred men, furnished with the improved arm, parties to the extension of the patent. It will be

The certificate I now give is particularly valu. are equal to three hundred, at least, furnished with remembered that, while the patent was considered that in ordinary use. Of course there must be a

able from the experience of the signers in the to be without value, no such hostility was mani- great saving of life and money. To show that I

use of Colt's pistol, and their opinion of its durafested, and no infringements attempted. am well sustained in my views, I may be permit

bility, The invention of Samuel Colt, then, is his prop- ted to quote from the testimony of gentlemen whose

Communication from the Teran Senators and Represent. erty, and has value. No man has the just right qualifications to enable them to judge correctly

alires in Congress, to the President of the United States. to demand the surrender of this property at his

Washington City, March 3, 1848. no one will call in question, and all will readily hands without a consideration equivalent to its admit.

DEAR SIR : Possessing a thorough knowledge of Colt's

patent repeating fire-arms, we feel it to be our daty 10 value; nor has the law the constitucional authority In the first place, permit me to quote the opinion, recommend them in the strongest terms to your favorable to wrest it from him without awarding to him a and give the names of a long array of our gallant consideration. just conipensation. The patent laws of this coun- military officers, and among them many of high

The advantages that Texas has experienced from their iry, though they limit the period through which standing. They say:

use, in her struggle for independence, and against Indian

aggression, has been incalculable. a patent shall extend, recognize the same general “We, the undersigned, have examined Colt's repeating The difficulties presented by some men without experiprinciple, by intimating, in one of its provisions, fire-arms, and some of us have witnessed sundry exper. ence in the use of those arms, such as that they are 100 liable that the patentee is entitled, before the surrender iments which have been made to prove their safety, sim- to get out of order, has been proved by ten years' constant of his invention to the public, to receive a full

pliciiy, durability, accuracy, and celerity of fire, force of use in Texas, 10 be without foundation. Some of these

penetration, and security against moisture; and we are arms, purchased of Mr. Colt more than ten years ago, have compensation for his labors and expenditures in convinced that they possess many important advantages,

been sately and successfully used in every engagement we making and perfecting his invention,

and a reward both for public and private service. As an act of justice have had with the Mexicans and Indians since that time, besides in proportion to the benefits conferred on to the ingenious inventor, we most cordially recou niend and are now in good serviceable condition, and are esteened

them to the patronage of the Government and the public. beyond price by their possessors. the public. Should he fail to realize such an amount during the period that the patent laws, or

ALEXANDER MACOMB, Major General Command

Believing that ihe power rests with you to order a full ing, Uniled States Army.

supply of these valuable arms for the defense of our ex. the commissioner under them, assign him, he has NENRY STANTON, Colonel and Assistant Quarter

tended frontier, without further legislation, we most rean appeal to Congress, who, in my estimation, master General, United States Army.

spectfully ask that you will at once order them to be made. are bound to aid him, by the extension of his pat. J.J. ABERT, Colonel Topographical Engineers, United

We do not doubt but that live thousand mounted men,

arnied with two of these pistols and a rifle, would do more ent, till the object contemplated in the law shall JAMES KEARNEY, Lieutenant Colonel Topographical || thereby saving to the Government hundreds of thousands of

service than twenty thousand armed in the ordinary way, have been accomplished. To refuse, is to do an

Engineers, United States Army. act of injustice; because the refusal is the indirect R. B. MASON, Lieutenant Colonel First Dragoons,

dollars annually, and affording protection as well 10 the United States Ariny.

frontiers against Indians as to all parties passing through means of depriving the patentee of what is actually

the Indian country. his due, and of that which the law virtually awards

J. I. HOOK, Major and Assistant Commissary General
Subsistence, United States Army,

With great respect, your obedient servants, him. And to grant protection for the accomplish- HENRY WILSON, Major Third Infantry, Uniled

THOMAS J. RUSK, U. S. Senate. ment of that object is not a special favor, but the Stalcs Army:

DAVID S. KAUFMAN, House of Reps. fulfillment of an implied compromise—a virtual JOHN GARLAND, Major Third Infantry, United States

SAM HOUSTON, U. S. Sercle. Army.

T. PILSBURY, House of Reps, contract between the Government, on behalf of the WILLIAM TURNBULL, Major Topographical Engi

To the President of the United States. public, and the patentee for the relinquishment of ncers, United States Army.

Colonel Jack Hayes, commanding the Texas his right.

WILLIAM GIBBS MCNEILL, Major Topographical The next point to which I would call attention Engineers, United States Army.

rangers in Mexico, writes:

L. WHITING, Brevet Major Artillery, United States "I have had a good opportunity of testing the utility of is, as to the reward and compensation received by

Army.

Coll's pistols during the late Mexican war, and I feel no Colonel Cole, and the inquiry, have they been such J. P. ŠIMONTON, Captain First Dragoons, United hesitation in saying they are superior (in my opinion) lo

States Ariry. as to compensate him for his expenses of time and

any other now known for cavalry. The danger of acciW. W. TOMPKINS, Captain Second Dragoons, United

deótal explosion has been obviated by the Jale improvemoney, and in proportion to the value of his in

States Army.

Inent. They go off clear. The cylinders revolve with vention to the public?

R. B. SCRLVEN, Captain Eighth Infantry, United great rapidity; and the distance they carry a ball, (I mean It may be questioned if improvements in fire

Stcles Army.

ihe conical ball,) is, indred, surprising. Soldiers should be arms are as generally useful to the public, and JOHN PAGE, Captain Fourth Infantry, United States practiced in the use of them. They soon become easy to

Army.

ihc hand; illic aim wliich you wish to draw can be easily equally valuable as improvements in implements

A. R. TIETZEL, Caplain Quarterinaster's Department,

caught; and when placed in the hands of those who under of agriculture, mechanics, manufactures, &c. Cer- Unieil States Army.

stand the proper use of them, they are unquestionably the tainly, as relates to the general purposes of life, J. MeCLELLAN, taplain Topographical Engineers,

most formidable weapon ever used in battle. I therefore they are not. But to those to whom such weapons

United States Army.

concur fully in the opinion that they can be used with the A. CANFIELD, Captain Topographical Engineers, To the

same advantage by the regular as volunteer forces." become necessary they certainly are.

United Stalcs rmy. traveler, and to others, placed in situations and J. N. MACOMB, Captain Tipographical Engineers,

No one, it is believed, will doubt the compeunder circumstances warranting the probability,

United States Siriny.

tency of this hero of the West to pronounce & and perhaps certainty, of attacks from marauders,

THOMASJ.LEE, Lieutenant Topographical Engineers, correct judgment on this subject, and Brigadier

Uniled Stales Army. freebooters, or deadly assassins, arms for defense

General Shields, commanding

first brigade volunW. H. EMORY, Lieutenant Fourth Artillery, United teers in Mexico, reports that: become absolutely necessary to the preservation of States Army. life. Until the arrival of a millennium, should such J. T. SPRAGUE, Lieulenant Eighth Infantry, United

Colt's last improved revolving pistol, in my opinion, is States Army.

a most excellent and effective weapon in the present cav.. a happy period ever arrive, the Government, not

M. KNOWLYON, Lieutenant First Arlillery, and In

alry service in Mexico. It possesses an advantage of at withstanding all the well-meant efforts of peace structor of Artillery United States Military Academy.

least three to one over the common pistol. I find it, also, congresses and peace societies, will find it neces- LAWRENCE KEARNEY, Captain United Stales

free from that complexity which it was feared would renNuru.

der it less serviceable in actual service and in a campaign. Eary to keep up an organized military force; even

THOMAS N. GROVERS, Lieutenant Uniled States

I do not hesitate to give it a decided preference in cavalry now, to prevent our frontiers from being ravaged

Navy.

service in Mexico, over all o her species of fire-arms, and and our citizens from being butchered by savage JOUN BARNEY, Lieutenant United States Navy.

recommend its general use in that service." hordes. And, in the future, no one may presume

M. C. BOCK, Dlilitary Storekcepet, and Paymaster Brigadier General F. Pierce, to say how soon or how late our country may find

Ordnance Department, United Stales Army." the necessity forced upon her to defend herself One would be led to suppose, if unacquainted Mexico, reports that he had a pretty thorough

of the United States, commanding volunteers in against a foreign foe. To individuals, then, and with depraved human nature, that this array of knowledge of the weapon, and cheerfully concurs especially to our Government, improvements in testimony itself, aided by the legal decisions in the opinion of General Shields. Abd

Major fire-arms, to make them more useful and effective, already quoted, would have settled the question J. L. Freaner, General Scott's staff in Mexico. must certainly be of great value and importance. of merit forever, and insured to Colonel Colt the considers them the best arms in use; says that he An arm capable of making six discharges in iwice | reward due him for his invention. But other was informed by Colonel Hays, if his men had that number of seconds, with greater precision, elements than those that should actuate the human not been armed with them, when Padre Jarauta and greater safety than any other weapon, can- mind have been busily at work for years to ruin attacked him at Teotoleucan, that he would have not be otherwise than invaluable to him who is his fortunes and trample on his rights.

lost his command of seventy men; and that it was placed under the necessity of defending himself There is a large number of certificates, all of ) by the aid of this weapon that he was enabled to against the attack of the highwaymen, or protect- | which have on a former occasion been before the repulse the guerrilla chief without the loss of a man ing himself, his wife and children, and his home | Senale, all from competent and honorable wit- In addition to these testimonials, Brigadier and property from the inroade of the midnight | nesses, and all certifying the superiority of Colt's General Joseph Lane, commanding volunteers in burglar and assassin.

repeating arms over every other pistol for army ll Mexico, writes:

now President

33p Cong.... 20 Sess.

The Colt Patent-Mr. James.

SENATE,

“I think I can say as much for and about this formidable over every other; and to crown all, Colonel Colt it would not be pretended by any liberal-minded weapon as any one now living, except Colonel Jack Hays,

was chosen a member of the society of civil man that that sum would be anything like a of Texas, (pour Walker is no more.) I have seen theni tested in several severe and bloody conflicts, when a few

engineers in England. Such were the convictions reward proportionate to the benefits conferred on men, armed with Colt's revolver, were equal to five, and of the British Government as to its merits, that the public by this great invention. But, sir, thero in several instances to ten times their numbers. No weapon they removed all restrictions (as respected this) on is yet more to be taken into the account. is equal to it. In close quarters, one man is always equal

the importation of fire-arms, and conferred on to three or more. I know the use of it well, and would

Up to a late period, but a few years since, Colrecommend that all mounted forces be armed with them."

Colonel Colt the distinguished privilege of import- lonel Colt found that his pistols, in their improved Brevet Brigadier General W. S. Harney, Col-ling his into that country, to an unlimited extent, form and condition, could not be manufactured at onel Second Dragoons, United States Army, re

duty free, Colonel Colt has received testimonials a cost less than forty-five dollars each. This fact ports that

from almost every civilized nation in the world in gave rise to two very serious evils. In the first “He has had more than ten years' experience in the use

return for the high appreciation of his inventive place, the high price put them out of the reach of or Coll's repeating fire-arms, and 110 arm, in his judgment, 1 genius, as illustrated in his revolver. Yet, by the many to whom they were necessary; and, in the ever yet constructed, can equal thern; they are, with fair envious, jealous, and selfish spirit of a class of second place, it encouraged unscrupulous men to usage, as little liable to get out of order as any other arın, American citizens, no pains are spared to deprive | manufacture and palm upon the public a worthand they are, at least, three times as effective. It is my

him of the honor of his invention, to trample on intention to apply to the honorable Secretary of War, to

less and dangerous arm, composed of cast iron, have all the cavalry armed with them."

his rights, and to ruin his prospects, after he has at less than one fourth the cost of the cast steel To these I will add only the testimony of the

conferred such advantages on his country, and so arm manufactured by Colonel Colt. By this means lamented Brigadier General Worth, who, in a

highly honored her abroad. But his opponents he saw both the public and himself must suffer; letter to Mr. Colt, writes:

say, and many people besides believe it, that he and relying on the justice of his cause for protec

has accumulated a fortune of more than a million tion, either from the Patent Office or from Con« The recent Mexican war has fully demonstrated the forinidable character of this weapon in all mounted corps

of dollars. Suppose we admit this statement to gress, he followed the suggestions of his fertile or partisan service. You can have no better or higher les. be correct-hough, I regret to say, it is far, very genius and enterprising spirit to remedy or countimony than that of General Lane and Colonel Jack Hays, far, from the truth-what then?

teract these evils. The result has been the invenboth gallant officers and of large experience. In a higher From the period at which a man commences to tion of very ingenious tools and machinery adapted degree will its value be shown in our Indian contests, where the onset is sudden, and fierce, and momentary;

make a useful and important invention till the to the manufacture of his arms, and to nothing else, where it is of first importance to deliver une largest amount period of its completion and perfection, is a period | by which the price has already been reduced from 'of fire in the briefest time.”

of experiment and expense. And if, during that forty-five to fifteen dollars, and which, with imIt would seem that, even were there no law to time, he finds it necessary to resort to new and provements now in progress, and those which will secure to the inventor the right to enjoy the sole expensive means to perfect his invention and to hereafter be adopted, would, doubtless, under the and exclusive use and control of his invention till increase its value and utility to the public, even operation of Colonel Colt's patent for a proper he shall have been amply compensated and re- the cost of these means becomes a legitimate and time, bring the cost down quite as low as that of warded, a generous, liberal, and honest commu- proper item in the list of expenses, which should | the miserable cast iron imitation. During all this nily, for an invention so valuable to the public as be repaid to him, especially if the means adopted time, the quality of this arm has been in a state of that of Colonel Colt, would voluntarily and gladly are useful only for the production of the result in progressive improvement; and, at this moment, it confer that privilege on him, and aid him in the view.

is the most beautiful, and the most perfect and accomplishment of his object. But such does not, Let us suppose a case. Suppose, then, a person efficient pistol the world has ever known. But, at least in his case; appear to be true. While now sets himself at work to make an important in- 1 sir, all this has not been done without the expendcontending with what would have been to most vention. In the course of a year, he so far succeeds iture of much time and money. A full remunermen insurmountable obstacles, and struggling with

as to satisfy himself and others of the correctness ation for all the time and money thus expended in poverty, to complete his invention, others looked of the principle and the feasibility of his plan, and bringing out all these important improvements, on with indifference, perhaps sneered at him as a produces an implement that effects the result in- Colonel Colt should, according to my notions of visionary, and left him to work out, single handed, iended. To secure his interest for the time, he simple justice, be furnished with the opportunity what they considered his absurd and worthless | applies for and obtains a patent. The machine to realize, under the operation of an extended problem. But the moment they found his long produced is imperfect and costly, as well as dan- patent, for which he has applied. And now how protracted efforts had been crowned with success, gerous. After a course of experiments for near stands the case ? and that his invention was a reality, a set of men, twenty years to come, and the loss of $300,000, Suppose, as Colonel Colt's opponents aver, his with little mechanical genius of their own, and the machine has been brought so near perfection property actually amounts to $1,000,000; we have moved by the spirit of avarice, endeavored to rob as to become highly useful. But here other dif- | seen that, after having deducted the actual losses him of the triumph of

his genius, so hardly earned, ficulties occur, and a set of harpies who have been and expenditures, there is left but $250.000. Even and to deprive him of the enjoyment of its fruits. watching for their prey, step in, and by base imi- his opponents reckon the cost of his tools and Foiled in these nefarious attempts, by the decis-tations and infringements on the inventor's patent machinery at no less than some $300,000, or more; ions of courts of law, they have followed him, as || rights, come in competition with him, to ruin and these, as before noticed, have been made with a pack of hounds follow at the heels of a wounded him and swindle the public. There is one only the view to perfect the arm, and to cheapen it to deer, from the courts to the Patent Office, and from way in which he can prevent this, and that is, by the public. They are, therefore, as much to the the Patent Office to Congress, to work his ruin. the use of machinery for the manufactured article, l public benefit, as the original invention itself; and

Who are the parties that are most loud in their which would be nearly useless and worthless for for them the public should pay in proportion to demands that Colonel Colt's patent shall expire any other purpose. This machinery he procures. the benefits received. Deduct from their cost the with the expiration of its present term, and who | By means of it he makes his petented article per- amount left to Colonel Colc from the imaginary make their demand on the pretended ground offect and complete, enhances its value to the public, $1,000,000, namely, $250,000, and you leave his public justice? Is it not a well known fact that and, at the same time, reduces its cost by more invention still indebied to him in the amount of ihese cries for justice come from those who have than sixty per cent. But, on the other hand, by some hundreds of thousands. heir individual private interests to gratify, and

the time he has effected this great object his pat- But Colonel Colt has no such amount of propwhose sole object is to speculate on the misfor- ent has expired." It cannot be renewed. His funds erty as $1,000,000. That amount is utterly fabtunes of another? And what arguments do they are all expended. The market is taken possession || ulous, and the means by which that amount was advance to justify their hostility, and to defeat of by those who will impose a base article on the made out, was one of that hocus pocus sort of oper. Colonel Cole in his application to Congress to pro- | public. They will not purchase his machinery, ations, by which a mole hill is magnified into a tect his right? It is that the patentee has realized because they can bring out the counterfeit without || mountain. If a matter so serious as a statement all, and more than all, that the law contemplates, it cheaper than the genuine with it. The inventor made under oath were fit subject for merriment, or justice awards, as a compensation and reward loses his all, and is left in poverty. Is this right? | surely that by which this amount was made out, for his invention. And this statement has been Is it just?

and the evidence by which the statement was atsounded and reiterated by the press, in public, on I have here stated a case very similar to that of tempted to sustained, might stand in the front one floor of Congress, and throughout the Union, Colonel Colt, merely taking the prospective instead rank of laughable subjects. But as it can hardly with the untruth that Colonel Colt has amassed a of retrospective view. That gentleman commenced be supposed that sensible men could believe such fortune of $1,000,000, till most people believe it

on his invention nearly twenty-five years ago. a statement, founded on such evidence, the actors true. And "yet, sir, it is destitute of any founda- || Though fully satisfied of the correctness of the in the affair are rather subjects of pity than of tion in truth. But suppose it were true that the principle, and of final success, his first essay was ridicule. And how was the statement made? It property in Colonel Colt's possession, and that imperfect, and the arm produced, when compared was made in its broad and naked form; that Col. his own, were to him, under the circumstances, with present specimens, imperfect, clumsy in ap- lonel Colt was actually worth more than $1.000,000, for the time being, actually worth $1,000,000, his pearance, and sometimes dangerous in use. Nine- / the profite of his business, the manufacture of his compensation and reward would süll fall short of ieen years were years of experiment, to bring the repeating arm.' And how was this statement suswhat they should be.

arm to a state of comparative perfection; and tained? Let me explain. Thus the case stands: By the way, before proceeding further to ex- during that time, he and his friends sunk, in the A cast iron pistol is brought forward, made in amine this point, I will introduce an interesting || manufacture, more than $300,000. All this time imitation of Colt's cast steel revolver, and taken item of foreign testimony to the merits of Colonel and money, as any reasonable man will see, should as the standard of cost for each. Then, the numCole's invention. The British Army Register | be put down in the list of expenditures of time and ber of revolvers manufactured by Colonel Colt is says:

money made in bringing out the invention and calculated. The excess of the market price of the As Englishmen, we frankly and fairly admitit: Colonel perfecting it. These, reckoning his time at a latter over the cost of the other is determined, and Colt has the claim of precedence, and the patent of supe- reasonable rate, together with the interest on the the aggregate of that excess in the number of riority; and we scorn io deny either one or the other."

money actually expended, would now amount to Coll's revolvers that had been made, was set down In addition to this, Colonel Colt received the more than $750 000. Suppose, then, his property as the amount of his profits. Thus, if the cost of large medal at the World's Fair in London, as a worth $1,000,000, subtract this outlay from it, and the cast iron counterfeit was five dollars, and the testimonial of the superiority of his revolving arm you would leave him only $250,000. And surely price of the genuine article fifteen dollars, then

NEW SERIES.No. 24.

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