Page images
PDF
EPUB

Whoever imagines that, because so subject-matter of the invention in each |ner unfavorable for exhibition or examin. ation. In such a situation, it is impossimany inventions and so many improve. case. ments in machinery have been made, By this means, without danger to actu. ble to give them any systematic or scienThis disorder and there remains little else to be discovered, al and honest inventors, the number of tific arrangement. has but a feeble conception of the infini patents would be somewhat diminished. confusion must necessarily be increased tude and vastness of mechanical powers, But there would be more confidence in by the addition of those hereafter furor of the unlimited reach of science. those which should be granted, and as nished, or they must be consigned to the Much as has been discovered, infinitely those which have been horetofore issued, garret, the common receptacle, where, more remains unrevealed. The ingenu- should be daily expiring by their limita- instead of promoting a taste for, and fa ity of man is exploring a region without tion, the community would begin to feel cilitating the study of, the useful arts, limits, and delving in a mine whose treas- and realize the advantages of such a they will only afford evidence of the im ures are exhaustless. "Neither are all change. The present law waits till in-providence of the Government. In adthe mysteries of nature unfolded, nor the fringements and frauds are consummated dition to this, the present building is too mind tired in the pursuit of them." -nay, it even aids them; and then it of. much exposed to destruction by fire. The The first conceptions of ingenuity, fers an inadequate remedy for the injury, loss of records and drawings and of the like the first suggestions of science, are by giving an action for damages. It several thousands of interesting and val theories which require something of ex- ought, rather, by refusing to grant interfer- uable models now preserved there, would periment and practical exemplification to ing patents, to render prosecutions unne-be, in a great degree, irreparable. There is no additional room to be had in the perfect. Mechanical inventions are at cessary. Instead of sanctioning the wrong The Post first necessarily crude and incomplete--by granting the privilege to commit it, it building they now occupy. Time is required to develope their imper. should arrest injury and injustice at the Office Department, in the same building, fections and to make the improvements threshold, and put an end to litigation be- instead of having any room to spare is now appropriated to it, requires a connecessary to their adaption to practical fore it begins. siderable extension of accommodations, uses. Inventors generally obtain patents from its increased and increasing busi before they venture upon those experi. ness. It needs the whole building. The ments which only can test their invenonly way, therefore, of providing the netions. They are apprehensive of being only way, therefore, of providing the neforestalled in their discoveries, and see modation of the Post Office Department, cessary extension of room for the accom. no other means of protecting themselves and the city post office, and of providing against piracy and fraud, than by securthe requisite accommodation for the Pating patents at once. ent Office, is to erect a suitable fire-proof building for the latter on some one of the public lots. There are ample funds arising from duties on patents, heretofore paid into the Treasury, to the account of clerk hire in that office, which remain unexpended. well be appropriated to the construction expended. A portion of that surplus fund, being now about $152,000, may of a building which should be commodi. ous and comparatively safe from fire.

A remedy for this may be easily had in a provision authorizing caveats to be filed in the office, giving security to the right of discovery for a time sufficient for making the necessary experiments, inquiries and improvements.

Heretofore aliens not resident in this

which

Important and interesting as the Patent Office is now considered, it is believed that, under such new organization as is contemplated by the bill presented herewith, it will contribute largely to the great interests of the country, and bear no small part in elevating our national char: acter. American ingenuity has obtained much consideration on the other side of the Atlantic. Even the manufactures of England are not a little indebted to it for some of their most valuable improvements. Her woollen manufactures, especially, have, within a few years, undergone an inventions, by which wool has been made entire change,by the adoption of American country, have not been admitted to the as yielding and submissive to the power of privileges of our patent laws. But, as American citizens are allowed to take out ton machinery has also been grea ly impro. machinery as any material whatever. Cotpatents in England and in other countries, ved in the hards of our mechanics; and Such a building as this branch of the a principle of reciprocity would seem to while England receives from us threepublic interests requires, would do honor require that foreigners should have simi-fourths of the cotton she uses in raw ma- Patent Office, with such accommodations, to the Government and the country. The lar privileges here, on paying a similar terial, we furnish her also with some of duty or amount of fees that is exacted of the most valuable improvements in the containing the records of this age of inour citizens abroad. The fees payable in means of manufacturing it. Indeed, what ventions, displaying in its halls and galle England, on taking out a patent, amount mechanism or manufacture has, for the useful mechanism, and contrivances in ries numberless models of igenious and to $585. If a patent be taken out for last twenty years, been brought across the almost infinite variety, adapted to the the three kingdoms of England, Ireland, Atlantic, that has not, on being returned, mechanic arts, to manufactures, to husand Scotland, they amount to $1,680.-borne the distinguished marks of the su-bandry, to navigation, steam power, horse In France they are $309; in Spain $292;|| perior ingenuity of American mechanists? Austria, $208. Formerly, we borrowed and copied much A power in the Commissioner of the that was valuable from Europe. Now, Patent Office to reject applications for Europe is borrowing and copying, with no want of novelty in the invention, it is be- little advantage, from us; and she must lieved, will have a most beneficial and not be too much surprised if she shall salutary effect in relieving meritorious in. soon find a formidable balance against ventors, and the community generally, her. from the serious evils growing out of the granting of patents for every thing indiscriminately, creating interfering claims, encouraging fraudulent speculators in patent rights, deluging the country with worthless monopolies, and laying the foundation for endless litigation.

In nineteen cases out of twenty, probably, the opinion of the Commissioner, accompanied by the information on which his decision is founded, will be acquiesced in. When unsatisfactory, the rights of the applicant will find ample protection in an appeal to a board of examiners, selec. ted for their particular knowledge of the

tion, and, in fine, to all the common trades power, water power, Railroad transporta. and mechanical pursuits of life, as well as to our rapidly multiplying and magnificent public works, would present an object of interest, and tend not a little to elevate our national character. It has been just. ly remarked that we can go into no me. which have been had in view, it will be description, upon no farm or plantation, To carry fully into effect the objects chanic shop, into no manufactory of any necessary to provide larger and more or travel a mile on our Railroads or in commodious rooms for models, &c., than our steamboats, without seeing the evithose now occupied for that purpose.dence of our originality, and witnessing They are insufficient for the models of the fruits and effects of our ingenuity and machinery and other inventions now de- enterprise. All the inventions and imposited there, and the number will be in-provements in mechanism which have creasing several hundred, perhaps a thou. done so much towards advancing the sand, every year. A great number, sup- useful arts and manufactures, should, as posed to be about five hundred, from a far as practicable, be exhibited in one want of room for them elsewhere, have view in the halls of the Patent Office. been stowed away in a dark garret, Such a display would attract the attention Those which occupy the rooms designed of the many thousands who annually visit for them, are crowded together in a man- the capital of the Union from all quarters

of the country, and all parts of the world. done and performed, and shall have the the descriptions, specification, and drawings, No other nation has yet any thing to be charge and custody of all the books, re-in the said office, in books to be kept for compared with it; neither England nor cords, papers, models,machines, and all oth-that purpose. Every such patent shall France has ever required models to beer things belonging to said office. And contain a short description of the invention deposited of patented machinery. Col-said Commissioner shall receive the same or discovery, and in its terms grant to the lection of models and drawings have compensation as is allowed by law to the applicant or applicants, his or their heirs, sometimes been made by private associa- Commisioner of the Indian Department. administrators, executors, or assigns, for a tions, but they are small in number com. SEC. 2. And be it further enacted, That there term not exceeding fourteen years, the full pared with those we possess. shall be, in said office, an inferior officer, to and exclusive right and liberty of using, and In addition to the models of machine-be appointed by the said principal officer, vending to others to be used, the said invenry, it is proposed to embrace an exhibi- with the approval of the Secretary of State, tion or dicsovery, referring to the specification of specimens of useful and elegant and to be called the Chief Clerk of the tions for particulars thereof, a copy of which fabrics and of works of art, which man- Patent Office; who, in all cases during the shall be annexed to the patent, specifying ufacturers and artificers may place there necessary absence of the Commissioner, or what the patentee claims as his invention for that purpose. It might, too, embrace when the said principal office shall become or discovery. a cabinet of interesting minerals, which vacant, shall have the charge and custody of SEC. 6. And be it further enacted, That may be received from time to time from the seal, and of the records, books,papers,ma-any person or persons having discovered or the various parts of our widely-extended chines, models, and all other things belong-invented any new and useful art, machine, country, with polished specimens of its ing to the said office. And the said Com- manufacture, or composition of matter, or beautiful marbles from their different lo-missioner may also, with like approval, ap-any new and useful improvement on any cations, illustrating the geology and many point two other clerks, an examiner of pat- art, machine, manufacture, or composition of the natural resources of the country; ents, a draughtsman, a mechanist, and a of matter, not known or used by others beand, also, a collection of Indian curiosi-messenger. The said chief clerk shall re- fore his or their discovery or invention thereties and antiquities, many of which are ceive the annual salary of seventeen hun- of, and not, at the time of his application for now in the possession of one of the De-dred dollars; two other clerks, twelve hun- a patent, in public use or on sale, with his partments, boxed up for want of some dred and fifty dollars each; examiner, fif consent or allowance as the inventor or dis suitable place for their exhibition. teen hundred dollars; draughtsman, twelve coverer; and shall desire to obtain an exIn short, the halls of the Patent Office mechanist, one thousand dollars; and the clusive property therein, may make applishould present a national museum of the messenger five hundred dollars. cation in writing to the Commissioner of arts, and be a general repository of all SEC. 3. And be it farther enacted, That Patents, expressing such desire, and the the inventions and improvements in ma- the said principal officer, and every other Commissioner, on due proceedings had, chinery and manufactures, of which our person to be appointed in the said office, may grant a patent therefor. But before country can claim the honor; together shall, before he enters upon the duties of any inventor shall receive a patent for any with such other objects of interest as his office, or appointment, make oath or af- such new invention or discovery, he shall demight conveniently and properly be placed firmation truly and faithfully to execute the liver a writen description of his invention or under the superintendence of the Com- trust committed to him. And the said discovery, and of the manner and process of missioner. Such an institution, while it Commisioner, and the chief clerk shall also, making, constructing, using, and compoundwould be an object of just pride to every before entering upon their duties, severally ing the same, in such full, clear, and exact American, would have scarcely less in- give bonds with sureties, to the Treasurer terms, avoiding unnecessary prolixity, as to fluence in advancing and accelerating of the United States, each in the sum of enable any person skilled in the art or the progress of the useful arts and the dollars, with condition to ren-science to which it appertains, or with which improvement of our manufactures, than der a true and faithful account to him, or it is most nearly connected, to make, conwould even the encouragement afforded his successor in office, quarterly, of all struct, compound, and use the same; and by granting patents for inventions or es- moneys which shall be by them respective-in case of any machine, he shall fully extablishing high tariffs of protection. ly received for duties on patents, and for plain the priciple, and the several modes in

With these views, the committee can-copies of records and drawings, and all not hesitate to recommend an entire re. other moneys received by virtue of such organization of the Patent Office, and office. several material alterations in our law of patents, suiting it to the present condition of the arts and the altered circumstances

of the country.

A bill in conformity with our views is

herewith submitted.

A BILL TO PROMOTE THE PROGRESS OP
THE USEFUL ARTS, AND TO REPEAL ALL
ACTS AND PARTS OF ACTS HERETOFORE

MADE FOR THAT PURPOSE,

which he has contemplated the application of that principle, or character by which it may be distinguished from other inventions; SEC. 4. And be it further enacted, That and shall particularly specify and point out the said Commissioner shall cause a seal of the part, improvement, or combination, office to be made and provided for the said which he claims as his own invention or office, with such device as the President of discovery. He shall, furthermore, accomthe United States shall approve; and co-pany the whole with a drawing, or drawpies of any records, books, papers, or drawings, and written references, where the naings, belonging to said office, under the sig-ture of the case admits of drawings, or with nature of the said Commissioner, or when specimens of ingredients, and of the comthe office shall be vacant, under the signa position of matter, sufficient in quantity for ture of the chief clerk, with the said seal the purpose of experiment, where the inaffixed, shall be competent evidence in all vention or discovery is of a composition of Be it enacted by the Senate and House of cases in which the original records, books, matter; which descriptions and drawings, Representatives of the United States of Ame-papers, or drawings, would be evidence. signed by the inventor, and tested by 2 witrica, in Congress assembled, That there And any person making application there nesses shall be filed in the patent office; and shall be established, and attached to the de- for, may have certified copies of the records, he shall, moreover,furnish a model of his mapartment of State, an office to be denomi- drawings, and other papers deposited in chine, in all cases which admit of a reprenated the Patent Office; the chief officer sentation by model, of a convenient size to of which shall be called the Commissioner exhibit advantageously its several parts. of Patents, to be appointed by the PresiThe applicant shall also make oath or af dent, by and with the advice and consent firmation that he does verily believe that he of the Senate, whose duty it shall be under is the original inventor or discoverer of the the direction of the head of the department, Sec. 5. And be it further enacted, That art, machine, composition, or improvement, to superintend, execute, and perform, all all patents issuing from said office, shall be for which he solicits a patent, and that he such acts and things touching and respect-issued in the name of the United States, does not know or believe that the same was ing the granting and issuing of patents for and under the seal of said office, and be ever before known or used; which oath or new and useful discoveries, inventions, and signed by the Secretary of State, affirmation may be made before any person improvements as are herein provided for, or countersigned by the Commissioner of said authorized by law to administer oaths. shall hereafter be, by law, directed to be office, and shall be recorded, together with SEC. 7. And be it further enacted, That,

said office, on paying, for the written copies,
the sum of ten cents for every page of one
hundred words; and for copies of drawings,
the reasonable expense of making the
same.

and

ination and certificate as aforesaid.

dollars.

on the filing of any such application, de-||the further proceedings to be had on such || the whole interest, or any undivided part scription, and specification, and the pay- application; Provided, however, That be- thereof, by any instrument in writing; ment of the duty hereinafter provided, the fore a board shall be instituted in any such which assignment shall be recorded in the Commissioner shall make, or cause to be case, the applicant shall pay to the Com-Patent Office within three months from the made, an examination of the alleged new missioner the sum of - dollars, which execution thereof, for which the assignee invention or discovery; and if, on any such shall be in full compensation to the persons shall pay the Commissioner the sum of examination, it shall not appear to the Com-who may be so appointed, for their exammissioner that the same had been known SEC. 12. And be it further enacted, That and used prior to such alledged discovery SEC. 8. And be it further enacted, That any citizen of the United States, or alien, thereof by the applicant, or had been in whenever an application shall be made for who shall have been resident in the United public use, or on sale, with his consent or a patent, which, in the opinion of the Com- States one year next preceding, and shall allowance prior to the application, if he missioner, would interfere with any other have made oath of his intention to become shall deem it to be sufficiently useful and patent for which an application may be a caveat setting forth the design and purimportant, it shall be his duty to issue a pending, or with any unexpired patent pose thereof, and its principal and distinpatent therefor. But whenever, on such which shall have been granted, it shall be guishing characteristics, and praying proexamation, it shall appear to the Commis- the duty of the Commissioner to give no-tection of his right, till he shall have ma sioner that the applicant was not the origi-tice thereof to such applicants, or patentees, tured his invention; which caveat shall be nal inventor or discoverer thereof, or that any as the case may be; and if either shall be filed in the confidential archives of the of part of that which is cclaimed as new had dissatisfied with the decision of the Com-fice, and preserved in secrecy. And if ap before been known and used as aforesaid, missioner on the question of priority or right plication shall be made by any other person or that the description is defective and in-of invention, he may appeal from such de- within one year from the time of filing of sufficient, he shall notify the applicant cision, on the like terms and conditions as such caveat, for a patent of any invention thereof, giving him, briefly, such informa- are provided in the preceding section of this with which it may in any respect interfere,ti tion as may be useful in judging of the pro-act and the like proceedings shall be had shall be the duty of the Commissioner to priety of renewing his application, or of al-to determine which, or whether either of give notice to the person filing the caveat, tering his specification to einbrace only that the applicants is entitled to receive a patent of such application and of such supposed part of the invention or discovery which is as prayed for. interference, who shall, within two months new. In every such case, if the applicant Sec. 9. And be it further enacted, That after receiving the notice, if he would shall elect to withdraw his application, he before any application for a patent shall be avail himself of the benefit of his caveat, shall be entitled to receive back- dollars, considered by the Commissioner as afore-file his description, spifications, drawings, part of the duty required by this act, on said, the applicant shall pay into the Treas- and model; and if, in the opinion of the filing a notice in writing of such election in ury of the United States, or into the Patent Commissioner, the specifications of claim the Patent Office, a copy of which, certi- Office, or into any of the deposite banks, to interfere with each other, like proceedings fied by the Commissoner, shall be a suffi- the credit of the Treasury, if he be a citi- may be had in all respects, as are in this cient warrant to the Treasurer for paying zen of the United States, or an alien and act provided in the case of interfering ap back to the applicant the said sum of shall have been resident in the United plications: Provided, however, That no dollars. But if the applicant in States for one year next preceding, and opinion or decision of any board of examsuch case shall persist in his claim for a shall have made oath of his intention to iners, under the provisions of this act, shall patent, with or without any alteration of become a citizen thereof, the sum of forty preclude any person interested in favor of or his specification, he shall be required to dollars; if a subject of the King of against the validity of any patent which make oath or affirmation anew, in manner Great Britain, the sum of five hundred dol- has been or may hereafter be granted, from as aforesaid. And if the specification and lars; and all other persons the sum of three citizen thereof, who shall have invented claim shall not have been so modified as, in hundred dollars; for which payment du- any new art, machine, or improvement the opinion of the Commissioner, shall en-plicate receipts shall be taken, one of which thereof, and shall desire further time to matitle the applicant to a patent, he may, on to be filed in the office of the Treasurer. ture the same, may file in the Patent Office appeal, and upon request in writing, have And the moneys received into the Treasu- the right to contest the same in any judicial the decision of a board of examiners, to be ry under this act shall constitute a fund for court, having jurisdiction of the subjectcomposed of three disinterested persons, the payment of the salaries of the officers matter. who shall be appointed for that purpose by and clerks, herein provided for, and all other SEC. 13. And be it further enacted, That the Secretary of State, and to be selected expenses of the Patent Office, and to be whenever any patent which has heretofore for their knowledge and skill in the partic-called the patent fund. ular art, manufacture, or branch of science SEC. 10. And be it further enacted, That granted, shall be inoperative or invalid, by been granted, or which shall hereafter be to which the alleged invention appertains; where any person hath made, or shall have reason of a defective or insufficient descrip who shall be furnished with a certificate made, any new invention, discovery, or im- tion or specification, or by reason of the patin wi ing, of the opinion and decision of provement, on account of which a patent ententee claiming in his specification as his the Commissioner, stating the particular might by virtue of this act be granted, and own invention, more than he had or shall grounds of his objection, and the part or such person shall die before any patent shall have a right to claim as new; if the error parts of the invention which he considers be granted therefor, the right of applying has, or shall have arisen by inadvertency, as not entitled to be patented. And the for and obtaining such patent shall devolve accident or mistake, and without any fraudsaid board shall give reasonable notice to on the executor or administrator of such ulent or deceptive intention, it shall be the applicant, as well as to the Commis- person, in trust for the heirs at law of the lawful for the Commissioner, upon the sur sioner, of the time and place of their meet- decased, in case he shall have died intes-render to him of such patent, and the paying, they may have an opportunity of fur- tate; but if otherwise, then in trust for his ment of a further duty of fifteen dollars, to nishing them with such facts and evidence devisees, in as full and ample manner, and cause a new patent to be issued to the said as they may deem necessary to a just de- under the same conditions, limitations, and inventor, for the same invention, for the cision; and it shall be the duty of the Com-restrictions, as the same was held, or might residue of the period then unexpired for missioner to furnish the board of examin- have been claimed or enjoyed by such per- which the original patent was granted, in ers with such information as he may pos- son in his or her lifetime; and when applica- accordance with the patentee's corrected desess relative to the matter under their con- tion for a patent shall be made by such legal cription and specification. And in case of sideration. And on an examination and representatives, the oath or affirmation his death, or any assignment made by him consideration of the matter by such board, provided in the third section of the before- of the original patent, a similar right shall it shall be in their power, or of a majority of mentioned act, shall be so varied as to be vest in his executors, administrators, or as them, to reverse the decision of the Com-applicable to them. signees. And the patent, so re-issued, to gether with the corrected description and specification, shall have the same effect and operation in law, on the trial of all actions

missioner, either in whole or in part; and SEC. 11. And be it further enacted, That their opinion being certified to the Com-every patent issued in pursuance of this missioner, he shall be governed thereby, in act shall be assignable in law, either as to

a

30$

dol

whenever the plaintiff shall fail to sustain charge of the duties hereby required of the
his action on the ground that, in his spe- chief officers therein, to be purchased under
cification of claim is embraced more than the direction of the Committee of the Libra-
that of which he was the first inventor, ry of Congress. And the sum of
if it shall appear that the defendant had lars annually is hereby appropriated for
used or violated any part of the invention that purpose, to be paid out of the patent
justly and truly specified and claimed as fund.
new; it shall be in the power of the court
to adjudge and award as to costs as may
appear to be just and equitable.

relative to the violation of such invention,
as though the same had been originally
filed in such corrected form, before the
serving out of the original patent. And
whenever the original patentee shall be de-
sirous of adding the description and specifi-
cation of any new improvement of the
original invention or discovery which shall
have been invented or discovered by him
subsequent to the date of his patent, he
may, like proceedings being had in all re-
spects, as in the case of original applica- whenever there shall be two interfering pat-
SEC. 16. And be it further enacted, That
tions, and on the payment of fifteen dolents, or whenever a patent on application
lars, as hereinbefore provided, have the same shall have been refused on an adverse decis-
annexed to the original description and spe- ion of a board of examiners on the ground
cification; and the Commissioner shall cer- that the patent applied for would interfere
tify, on the margin of such annexed de- with an unexpired patent, previously granted
scription and specification, the time of its any person interested in any such patent,
being annexed and recorded; and the same either by assignment or otherwise, in the
shall thereafter stand on the same footing one case, and any such applicant in the
to all intents and purposes as though it had other case, may have remedy by bill in
been embraced in the original description equity; and the court having cognizance
and specification.
thereof, on notice to adverse parties and
SEC. 14. And be it further enacted, That and declare either of the patents void in
other due proceedings had, may adjudge
whenever in any action for damages for the whole or in part, and may also adjudge
using or selling the thing whereof the ex- that such applicant is entitled, according
clusive right is secured by any patent here- to the principles and provisions of this act,
tofore granted, or by any patent which may to have and receive a patent for his inven-
hereafter be granted, a verdict shall be rend-
ered for the plaintiff in such action, it shall tion as specified in his claim, or for any
be in the power of the court to render judg-part thereof, as the fact or priority of right
ment for any sum above the amount found|
or invention shall in any such case be made
by such verdict as the actual damages sus-in
to appear. And such adjudication, if it be
tained by the plaintiff, not exceeding three in favor of the right of such applicant, shall
times the amount thereof, according to the authorize the Commissioner to issue such
circumstances of the case; and such dam- patent, on his filing a copy of the adjudi-
ages may be recovered by action on the
cation and otherwise complying with the
case, in any court of competent jurisdiction. requisitons of this act. Provided, however,
Sec. 15. And be it further enacted, That that no such judgement or adjudication shall
the defendant in any such action shall be effect the rights of any person except the
permitted to plead the general issue, and to parties to the action and those deriving
give this act and any special matter in evi- title from or under them subsequent to the
dence of which notice in writing may have rendition of such judgment.
been given to the plaintiff or his attorney,
SEC. 17. And be it further enacted, That
thirty days before trial, tending to prove that all actions, suits, controversies, and cases
the description and specification filed by the arising under any law of the United States
plaintiff does not contain the whole truth granting or confirming to inventors the ex-
relative to his invention, or discovery, or clusive right to their inventions or discover-
that it contains more than is necessary to ies, shall be originally cognizable, as well
produce the described effect; which conceal in equity as at law, by the circuit courts of
ment or addition shall fully appear to have the United States, or any district court hav-
been made for the purpose of deceiving the ing the powers and jurisdiction of a circuit
public; or that the thing patented was not court, which courts shall have power, upon
originally discovered by the patentee, or bill in equity filed by any party agrieved,
had been in use, or had been described in in any such case, to grant injunctions ac-
some public work anterior to the supposed cording to the course and principles of courts
discovery thereof by the patentee, or had of equity, to prevent the violation of the
been in public use or sold with the consent rights of any inventor as secured to him
and allowance of the patentee before his by any law of the United States, on such
application for a patent; or that he had terms and conditions as said courts may
surrepticiously or unjustly obtained a pat-deem reasonable; Provided, however, That
ent for that which was in fact invented or from all judgments and decrees of any such
discovered by another; or that the patentee court rendered in the premises, a writ of
if an alien at the time the patent was grant-error or appeal, as the case may require,
ed, had failed and neglected, for the space shall lie to the Supreme Court of the United
of eighteen months from the date of the pat- States, in the same manner and under the
ent, to put in operation and use in the United same circumstances, as is now provided by
States, and put on sale to the citizens there law in other judgments and decrees of cir-
of, on reasonable terms, the invention or dis-cuit courts. and in all other cases in which
covery for which the patent issued; or the court shall deem it reasonable to allow
in case the same, for any period of eighteen the same.

months after it shall have been put in SEC. 18. And be it further enacted, That operation and use, shall cease to be so used there shall be provided for the use of said or put on sale in either of which cases office, a library of scientific works and pejudgment shall be rendered for the defend-riodical publications, both foreign and Amerant with costs; Provided, however, That|lican, calculated to aid and facilitate the dis

it shall be the duty of the Commissioner to SEC. 19. And be it further enacted, That that purpose, in suitable cases, when nerooms or gallaries as may be provided for cause to be classified and arranged, in such cessary for their preservation, and in such manner as shall be conducive to a benficial and favorable display thereof, the models and specimens of compositions and of fabrics and other manufactures and works of art, patented or unpatented, which have been or shall hereafter be deposited in said office. be kept open during suitable hours for public inspection. And said rooms or galleries shall

on this subject be, and the same are hereby, all acts and parts of acts heretofore passed SEC. 20. And be it further enacted, That repealed: Provided, however, That all ac tions and processes in law or equity sued out prior to the passage of this act, may be prosecuted to final judgment and execution, in the same manner as though this act had not been passed, excepting and saving the application to any such action, of the provisions of the fourteenth and fifteenth sections of this act, so far as they may be applicable thereto.

FRAME BRIDGES.

THE subscriber would respectfully inform the public, and particularly Railroad and Bridge Corpora

tations that he will build Frame Bridges, or vend the right to others to build, on Col. Long's Patent, throughout the United States, with few exceptions. The fol

lowing sub-Agents have been engaged by the lundersigned who will also attend to this business, viz. Horace Childs,

Alexander McArthur,
John Mahan,

Thomas H. Cushing,

Ira Blake.

Henniker, N. H.
Mount Morris, N. Y.

do
Dover, N. H.
Wakefield, N. H.

Amos Whitemore, Fsq., Hancock, N. H.

Samuel Herrick,

do

Springfield, Vermont.

do

do

Northampton, Mass.

do

do

Waterloo, N. Y.
Dunkirk, N. Y.
Hudson, Ohio.
Lower Sandusky, Ohio."
do

do

Simeon Herrick,
Capt. Isaac Damon,
Lyman Kingsly,
Elijah Halbert,
Joseph Hebard,
Col. Sherman Peck,
Andrew E. Turnbull,
William J. Turnbull,
Sabried Dodge, Esq., (Civil Engineer,) Ohio.
Booz M. Atherton, Esq. New-Philadelphia, Ohio.
Stephen Daniels,
Marietta, Ohio
John Rodgers,
Louisville, Kentucky.
John Tililson,
St. Francisville, Lous'a.
Capt. John Bottom, Tonawanda, Penn.
Nehemiah Osborn,
Rochester, N. Y.
Bridges on the above plan are to be seen at the fol-

lowing localities, viz. On the main road leading from
Baltimore to Washington, two miles from the former
place. Across the Metawamkeag river on the Mili-
tary road, in Maine. On the National road in Illinois,
na Rrailroad at three points. On the Hudson and
at sundry points. On the Baltimore and Susquehan-
Patterson Railroad, in two places. On the Boston and
Worcester Railroad, at several points. On the Bos-
the Contocook river at Hancock, N. H. Across the
ton and Providence Railroad, at sundry points. Across
Connecticut river at Haverlill, N. II.

Souhegan river, at Milford, N. H. Across the Ken-
Across the
Contoocook river, at Henniker, N. H. Across the
nebec river, at Waterville, in the state of Maine.-
Across the Genesse river, at Mount Morris,New-
York, and several other bridges are now in progress.
Rochester, Monroe country, New-York, where he
The undersigned is about to fix his residence in
to any practicable extent in the United States, Mary-
will promptly attend to orders in this line of business.
land excepted.
MOSES LONG.
General Agent of Col. S. H. Long.
19y-tf.

Rochester, May 22d, 1836.

PATENT RAILROAD, SHIP AND

BOAT SPIKES.

The Troy Iron and Nail Factory keeps constantly for sale a very extensive assortment of Wrought Spikes and Nails, from 3 to 10 inches, manufactured by the subscriber's Patent Machinery, which after five years successful operation, and now almost universal use in the United States, (as well as England, where the subscriber obtained a patent,) are found superior to any ever offered in market.

CHICAGO LOTS.

NOTICE is hereby given, that on the 20th day of
June next, at the Town of Chicago, in the State of
Illinois, the following described Property will be sold
at Public Auction, to wit:

HARTFORD AND NEW-HAVEN

RAILROAD.

From New-Haven to Meriden, eighteen miles of this Railroad is now located, and is expected to be ready for contract about the 25th of May. The attention of contractors is invited to this work. A more definite advertisement of the time when proposals are to be received, will hereafter appear. JAMES BREWSTER, Agent. New-Haven, April 27, 1836. m16-3t give it three insertions, and send their bills to James [Editors to whom this is MARKED, are repuested to Brewster, President Railroad Company,

All the unsold Town Lots in the original Town of Chicago; and also the Town Lots on fractional Section No. Fifteen, in the Township No. Thirty-nine, North of Range Fourteen, East of the Third principal Meridian adjoining the said Town of Chicago. The sale will commence on the said 20th day of June, and Railroad Companies may be supplied with Spikes will be continued from day to day, until all the Prophaving countersink heads suitable to the holes in iron erty has been offered for sale or disposed of. This rails, to any amount and on short notice. Almost all property is held by the State of Illinois for canal purthe Railroads now in progress in the United States are poses, and is offered for sale in conformity to the proTHE NEWCASTLE MANUFACTURING fastened with Spikes made at the above named fac-vision of a Statute Law of the said State, authorizing COMPANY, incorporated by the State of Delaware, tory-for which purpose they are found invaluable, such a sale. The terms of sale are one-fourth of the with a capital of 200,000 dollars, are prepared to exas their adhesion is more than double any common purchase money to be paid in advance at the time of ecute in the first style and on liberal terms, at their spikes made by the hammer. sale, and the residue in three annual instalments, extensive Finishing Shops and Foundries for Brass and bearing an interest of six per centum per annum, pay-Iron, situated in the town of Newcastle, Delaware, all able annually in advance. orders for LOCOMOTIVE and other Steam Engines, and for CASTINGS of every description in Brass or Iron. RAILROAD WORK of all kinds finished in the best manner, and at the shortest notice. Orders to be addressed to

**All orders directed to the Agent, Troy, N. Y., will be punctually attended to. HENRY BURDEN, Agent.

Troy, N. Y., July, 1831.

** Spikes are kept for sale, at factory prices, by I. & J. Townsend, Albany, and the principal Iron Merchants in Albany and Troy; J.I. Brower, 222 Water street, New-York; A. M. Jones, Philadelphia; T. Janviers, Baltimore; Degrand & Smith, Boston.

P. S.-Railroad Companies would do well to forward their orders as early as practicable, as the subscriber is desirous of extending the manufacturing so as to keep pace with the daily increasing demand for his Spikes. 1J23am

H. BURDEN. AMES' CELEBRATED SHOVELS, SPADES, &c.

300 dozens Ames' superior back-strap Shovels

150 do do

150 do do

do plain

do

do cast steel Shovels & Spades 150 do do Gold-mining Shovels 100 do do plated Spades

50 do do socket Shovels and Spades.
Together with Pick Axes, Churn Drills, and Crow
Bars (steel pointed,) mannfactured from Salisbury re-
fined iron-for sale by the manufacturing agents,

WITHERELL, AMES & CO.
No. 2 Liberty street, New-York.
BACKUS, AMES & CO.

No. 8 State street, Albany.
N. B.-Also furnished to order, Shapes of every de-
scription, made from Salisbury refined Iron. 4-ytf
ARCHIMEDES WORKS.

(100 North Moor street, N. Y.)
NEW-YORK, February 12th, 1836.
"THE undersigned begs leave to inform the proprie-
tors of Railroads that they are prepared to furnish all
kinds of Machinery for Railroads, Locomotive Engines
of any size, Car Wheels, such as are now in success-
ful operation on the Camden and Amboy Railroad,
none of which have failed-Castings of all kinds,
Wheels, Axles, and Boxes, furnished at shortest notice.
4-ytf
H. R. DUNHAM & CO.
STEPHENSON,

Builder of a superior style of Passenger
Cars for Railroads.

Those who are unacquaiuted with the situation of the
above mentioned Property, are informed that those
Lots which are described as belonging to the original
Town of Chicago, are situated in the best built and
business part of the Town. Section Fifteen is a
dry ridge, commencing near the harhor, and extend-
ing south, one mile, along the shore of Lake Michigan-
By order of the Board of Commissioners of the Illi.
nois and Michigan Canal.
JOEL MANNING,
Treasurer to said Board.
13-8t

Attest,
Chicago, March 17th, 1836.

PROSPECTUS

OF VOLUME II. OF THE

CHICAGO AMERICAN,

TO BE PUBLISHED SEMI-WEEKLY.

[ocr errors]
[blocks in formation]

RAILROAD CAR WHEELS AND BOXES, AND OTHER RAILROAD CASTINGS.

Also, AXLES furnished and fitted to wheels complete at the Jefferson Cotton and Wool Machine Factory and Foundry, Paterson, N. J. All orders addressed to the subscribers at Paterson, or 60 Wall street, New-York, will be promptly attended to. Also, CAR SPRINGS.

Also, Flange Tires, turned complete.

J8 ROGERS, KETCHUM & GROSVENOR.

ALBANY EAGLE AIR FURNACE AND
MACHINE SHOP.

WILLIAM V. MANY manufactures to order, IRON CASTINGS for Gearing Mills and Factories of every description.

ALSO-Steam Engines and Railroad Castings of every description. equalled in the United States. The collection of Patterns for Machinery, is not 9-1y

In proposing to establish a SEMI-WEEKLY paper un-
der the old title, but with extended dimensions, the
subscriber acknowledges the favors of the past, and
solicits the continued patronage of a liberal public.-
The reasons that induced him about a year since to
establish his weekly paper, operates with renewed
and increasing force in favor of his present design.—
He shall endeavor, as it was originally intended, to
make his paper American in all things; and by iden-
tifying itself with the interests and circumstances of
Chicago-which from a recent wildnerness has ad-
vanced to a population of thirty-five hundred-and
of the rich, extensive, and rapidly developing country
of which it is the emporium, he hopes it may grow
with their growth, and strengthen with their strength."
As a record of passing events, curreut literature, of
the march of agriculture, commerce and manufactures,
and especially of the progress of internal improvements,
of which this State, by her recent passage of the act 800
for the construction of the "Illinois and Michigan
Canal," has commenced her great and auspicious sys-
tem, it will aim, as ever, to be accurately and early
informed, and thus endeavor to consult alike the tastes
and wants of the community with which it is identified.
With party, as generally understood, it will have as
little to do as possible. Its politics will be the Consti-
tution-its party, the Country.

With this brief explanation of its future course, and
his thanks for the more than expected encouragement
No. 264 Elizabeth street, near Bleecker street,
he has already received, the subscriber again ventures
New-York.
to solicit the continued patronage and extended sup-
RAILROAD COMPANIES would do well to exa-port of all who may feel an interest in the principles
mine these Cars; a specimen of which may be seen
on that part of the New-York and Harlaem Railroad
now in operation.
J25tf

TO CANAL CONTRACTORS. SEALED PROPOSALS will be received at the

Office of the Commissioners of the Illinois and Michigan Canal, from the 25th of May to the 6th of June next, for the constrnction of eight miles of the summit division of said Canal, extending from the point of commencement on Chicago River, to the Des Plains River; and also of six or eight miles of the lower end of said division, extending from the mouth of the Saganaskee Swamp down the valley of the Des Plains. The work consists principally of deep excavation, a considerable portion of which is rock, and is well worthy the attention of contractors.

Plans, profiles, and specifications, giving all the necessary information to those wishing to obtain contracts on this line, may be examined at the Office of the Canal Commissioners, after the 25th of May next; and contractors are respectfully solicited to make a minute personal examination of the work previous to sending in proposals.

By order of the Board of Gommissioners of the Illinois Canal. Attest:

JOEL MANNING, Secretary to said Board. N. B.-Any person wishing to procure copies of the above, on letter sheets, can obtain them by applying at the Canal Office.

Chicago, April 19, 1836.

m6 125

here set forth.

It will be enlarged and otherwise greatly improved, and printed on superior paper, and forwarded to dis tant subscribers by the earliest mails, enveloped in a strong wrapper.

TERMS.-The AMERICAN will be published sEMI-
WEEKLY, at $4 per annum, if paid at the time of sub-
scribing; $5 if paid at the expiration of six months, or
$6 if payment is delayed to the end of the year.

** Any person procuring five subscribers and re-
mitting the pay in advance, will be entitled to a sixth
copy gratis, or a deduction of TEN Per cent.
Persons at a distance remitting a $5 bill will receive
the paper fifteen months.

All sums to the amount of $10 and upwards may
be sent through the Post Office, at my expense.
THOS. O. DAVIS.
Chicago, March 25, 1836.

Subscriptions and Advertisements for the CHI-
AMERICAN will be received at the Office of the
Railroad Journal, 132 Nassau street, by

CAGO

D. K. MINOR.
SMITH & VALENTINE,
STEREOTYPE FOUNDERS,

Are prepared to execute orders in their line,
at 212 Grand street, New-York.

[blocks in formation]

FLAT BARS in lengths of 14 to 15 feet, counter #do sunk holes, ends cut at do 2 do + do an angle of 45 degrees, do 24 do # do with splicing plates and soon expected. nails to suit. 250 do. of Edge Rails of 36 lbs. per yard, with the requisite chairs, keys, and pins.

Wrought Iron Rims of 30, 33, and 36 inches diameter for Wheels of Railway Cars, and of 60 inches diameter for Locomotive Wheels.

Axles of 24, 24, 27, 3, 3, 34, and 34 inches in diameter, for Railway Cars and Locomotives, of patent iron.

The above will be sold free of duty, to State Gov ernments and Incorporated Governments, and the drawback taken in part payment. A. & G. RALSTON,

9 South Front street, Philadelphia. Models and samples of all the different kinds o Rails, Chairs, Pins, Wedges, Spikes, and Splicing Plates, in use both in this country and Great Britain, will be exhibited to those disposed to examine them. 4-d7 Imeowr

NEW-YORK AND ERIE RAILROAD.

TO CONTRACTORS.-Proposals will be received at the Engineer's Office of the New-York and Erie Railroad Company, in the village of Binghamp. ton, on and until the 30th day of June next, for gra ding 69 miles of the Railroad, from the village of Owego, in Tioga County, to the village of Deposit in Delaware County.

Office, in Monticello, on and until the 11th day of July Proposals will also be received at the Engineer's next, for grading 48 miles of the Railroad through the county of Sullivan, extending from the Delaware and Hudson Canal up the valley of the Neversink, and thence to the mouth of the Callikoon Creek, on the Delaware River.

Plans and profiles of the line above mentioned, staked out in convenient sections, wi.h printed forms of the contracts, will be ready for exhibition at the said offices twenty days before the days of letting above specified.

The Company reserve the privilege of accepting only such proposals as they may deem for their advantage. New-York, 26th April, 1836. 15-tf

JAMES KING, President.

« PreviousContinue »