Obed Hussey, Who, of All Inventors, Made Bread Cheap. Various

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СКАЧАТЬ my recollection will aid you, I most cheerfully state, that before your patent expired, you consulted me as to the extension of the same. I replied that it was better to postpone an application until near the time the patent would run out, for the Office must estimate the profits of the invention during the whole term; and you accordingly postponed it. I regret you postponed it too long. The publication of thirty days before the patent expired, was a rule as published by myself. If you have lost your opportunity for relief through (the) Patent Office, you must of course go to Congress. I have always regarded your improvement as valuable, and that the country is greatly indebted to your persevering efforts, notwithstanding the obstacles presented.

      "Yours respectfully,

      "HENRY L. ELLSWORTH.

      "Mr. Obed Hussey, Balto., Md."

      Hussey acted on this official advice, and did "postpone an application until near the time the patent would run out"—literally so, for he was not advised of even the "thirty days' rule."

      Why Mr. Hussey's Application Was Late

      When he again applied, and not "until near the time the patent would run out," Edmund Burke was Commissioner of Patents. He states in a letter to Senators Douglas and Shields, under date March 4th, 1850, as follows:

      "In relation to the patent of Hussey, if my memory serves me, his patent expired some time within the latter part of December, 1847. During that month, and within some ten or twelve days before the expiration of his patent, he applied to me as Commissioner of Patents for an extension. I informed him, that inasmuch as the act of Congress prescribed the mode in which patents should be extended; required a reasonable notice to be given to the public in sundry newspapers, published in those parts of the country most interested against such extension; and as the board had decided that 'reasonable' notice should be a publication of the application for extension three weeks prior to the day appointed for the hearing, there was not time to give the required notice in his case; and I advised Mr. Hussey not to make his application, and thus lose the fee of $40 required in such cases, as he inevitably would, without the least prospect of succeeding in his application—but to petition Congress for an extension, which body had the power to grant it."

      An Able and Unanswerable Report

      "Washington, 5th Sept., 1854.

      "Obed Hussey, Esq., Baltimore:—

      "My Dear Sir: I have recently learned, with surprise and indignation, that certain speculating harpies who fill their coffers with the products of other men's brains, and who, in your case, seek to 'reap where they sow not' are basely and unjustly endeavoring to prevent a renewal of your patent for your Reaping and Mowing Machine,' upon the ground [among others] that you and your agents have neglected to press your Claim properly before Congress.

      "I have been your Agent from the time the claim was first presented to Congress, and know that the Charge is entirely unfounded.

      "The facts according to the best of my recollection and belief, are as follows: Your Claim for a renewal was presented to Congress at the very first Session, after you ascertained that your application to the Commissioner could not be acted upon under the rules of the Patent Office. Every paper and proof necessary to establish your right to a renewal of your patent, under the existing laws, was procured, and promptly placed with your memorial, before Congress. No further proof was required by the Committee on Patents, in the Senate, and your right to a renewal was fully established by an able and unanswerable report of that Committee, accompanied by a bill for a renewal. This report and bill were printed by order of the Senate, and were noticed as a part of the proceedings of Congress, by the press throughout the United States, and every body thus notified of your application.

      Mr. Hussey's Methods

      "From that period to the present time, I do not think there has been a single Congress at which all proper efforts were not made to obtain the action of that Body. Members were not annoyed with indecent importunity; nor were any powerful combinations of interested individuals resorted to, to force your Claim upon the consideration of Congress. This was not in accordance with your taste, or your means. I well remember, however, that you frequently visited this City on that business; and that at almost every session, you either brought or sent to me, to be laid before Congress, some new evidence of the triumph of your great invention. These documents were faithfully laid before that body, or sent to the senators from Maryland for that purpose. On one occasion, as your agent, I addressed a somewhat extended communication to the Senators from Maryland, attempting to show the vast importance of your invention to the Agricultural interests of the United States, and the strong claims you had to a renewal of your patent, and requested them as the Representatives of your State in the Senate, to give their attention and influence to accomplish that end.

      "At a subsequent Session, this request was repeated, to one or both of the Senators from that State.

      "I can also state with certainty that hardly a Session of Congress has passed since your memorial was first presented, at which prominent and Scientific Agriculturalists, in different parts of the Country, who were acquainted with the merits of your invention, have not used their influence with Members of Congress to obtain a renewal of your patent. Any pretense, therefore, that your Claim has not been duly presented, notified to the public, and urged with all proper care and diligence upon the attention of Congress, I repeat is totally unfounded.

      "It will be a stain upon the justice of the Country, if one whom truth and time must rank among its greatest Benefactors, shall be stricken down and permitted to die in indigence by the interested and unworthy efforts thus made to defeat you.

      "You are at liberty to use this statement in any manner you may desire.

      "Very truly and respectfully,

      "Your Ob't Ser'vt,

      "CHA'S E. SHERMAN."

      Although not coming in the natural order of events, I quote from an enclosure found in a letter written to Hon. H. May, evidently a member of Congress. Mr. Hussey having failed to apply for an extension of his 1833 patent early enough, a bill was introduced in Congress with an extension in view. In some correspondence between Mr. Hussey and the Hon. H. May an enclosure is found reading as follows:

      Mr. Hussey's Defense

      "During the examination of my case in the Committee-room on the 21st inst. you asked me a question, and accompanied it with a remark to the effect 'Why could I not raise a company in Baltimore with sufficient capital and make as many machines as Howard & Co. and compete with them on equal ground? The excitement of the occasion disqualified me for giving a full reply to your question and remarks. I was at the time so impressed with the injustice and the great hardship of being compelled to compete with the world for what of right belonged to myself exclusively that I had not the words to express my feelings. Could any gentleman look back twenty-one years and see me combating the prejudices of the farmers, and exerting the most intense labor of body and mind, and continuing to do so from year to year, at the very door of poverty, and also look back on those New York parties through the same period, accumulating wealth by the usual course of business, and perhaps watching my progress, and waiting for the proper moment to step in with their money power and grasp the lion's share of the prize which justly belongs to myself. If they could look back on the circumstances and comprehend the case in all its reality and truth I should have no fear of a just decision by the Committee in the House of Representatives. The Government which can tolerate and uphold such a state of things would appear to me to be a hard Government.

      "The end and design of the Patent Laws was to reward СКАЧАТЬ