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Eartension of Patent Rights.
oner, when on his trial, to consult with his counsel, or his counsel with him, in private ; declaring that there should be no secrets, but what advice was to be given should be given in open court. 5th. For having ordered the Attorney General for Washington district to file an ear officio information against a citizen of this country for a capital offence, in violation of the Constitution of the United States. 6th. For having ordered a jury to find a citizen of this country guilty, after they had returned their verdict of not guilty to the court. 7th. For having established a rule of court for the district of Washington, that no person shall dismiss a suit, except in open court, and that with leave of the same. 8th. For having holden a court of examination in the garrison of Fort Stoddart, and examined witnesses at the point of the bayonet. 9th. For having carried on a verbal as well as a written correspondence and intercourse with the Government of Spain, heretofore exercised in West Florida, with intent to influence the conduct of the said Government in relation to the dispute with the United States, as to the sovereignty of West Florida, and to defeat the measures of the Government of the United States. WILLIAM BUFORD, Foreman.
Resolved by the House of Representatives of Mississippi Territory in General Assembly comremed, That the Speaker of this House be requested, without delay, to forward three copies of the presentment of the grand jury of Baldwin county, made to this House against Harry Toulmin, Esq., Judge of the Superior Court for Washington district, one copy to the Speaker of the House of Representatives of the United States, one copy to the President of the United States, and one copy to the honorable George Poindexter, our delegate in Congress, together with a transcript of this resolve, to be by him laid before the House of Representatives of the United States in Con
gress assembled, for their consideration.
COWLES MEAD, Speaker of the House of Representatives. Attest: - THOS. B. REED, Clerk.
EXTENSION OF PATENT RIGHTS.
Communicated to the Senate, December 23, 1811.] o the honorable the Senate of the United States of America in Congress assembled, the memorial of Aaron Ogden, of Elizabethtown, in the State of New Jersey, most respectfully showeth : That your memorialist, having full confidence in certain improvements on Boulton and Watt's steam engine, now patented to Mr. Daniel Dod, of Windham, in New Jersey, did, many months since, make with him a contract for a steam engine upon his improved plan. That your memorialist did also, about the same
time, make another contract for building a suitable boat, to be propelled by the said engine, for the better accommodation of passengers between New Jersey and New York. That the said machinery and boat are now nearly completed, at a very great expense, already incurred and to be incurred, in fulfilling the said contracts, all which will be chiefly lost and sacrificed, and a very great public accommodation prevented, if your memorialist shall be precluded from the free use of his boat by any law of the United States hereafter to be passed. That your memorialist has been informed, by persons skilled in this kind of machinery, and himself verily believes, after full examination, that the plan he has adopted will not interfere with any now secured to Mr. Fulton by any patent or patents which he has obtained under the Constitution of the United States; and that if the above patentee should bring suit, under present existing laws, for an interference with any of his said supposed right against your memorialist, that your memorialist believes that he will be able to prove fully at the trial that the thing which may be alleged to be so secured by the patent, and so interfered with, “was not originally discovered by the said patentee, but that the same had been in use, or had been described in some public work anterior to the said supposed discovery;” under which testimony, agreeably to the express provisions of the law of the United States, on the 21st February, 1793, judgment must be rendered sor the defendant. That, if the bill now before the Senate should pass into a law, it will become necessary, under the third section thereof, for a defendant further to prove that such thing had been in effectual use or operation within three years next before the time when a steamboat was first brought into public use by Mr. Fulton; whereby steamboats lawfully built, and constructed at very great expense, and for public benefit, may be totally useless, and lost both to the public and the owners. Your memorialist will not further transgress, by urging considerations arising from the terms of the Constitution, which, in article 1, section S, makes provision for the exclusive rights of discoveries for the benefit of inventors only ; from the inferences, in respect to the existing rights of Mr. Fulton, to be drawn from his application for a special law in his favor; from the general nature of retrospective legal provisions; from the public inconvenience in the extension of monopolies; finally, from the prescribing a particular mode of trial and proof in favor of particular persons, differing from the mode prescribed in similar cases by the general law of the land. Your memorialist, entirely confiding that the rights of all the citizens of the United States will be duly considered in regard to the premises, most humbly prays that the bill now before the Senate, and above referred to, may not pass into a law. And your memorialist, as in duty bound, shall
ever pray, &c. AARON OGDEN.
Personally appeared before me, Caleb Halsted, Junior, Mayor of the borough of Elizabethtown, Aaron Ogden, within named, who, having been duly, sworn, deposes and says, that the matters herein set forth as his own acts and deeds, are true, and, as far as regards the acts and deeds of others, he believes to be true.
Sworn before me at Elizabethtown, New Jersey, this 18th day of December. 1811. CALEB HALSTED, Jr., Mayor. .
To the honorable the Senate and House of Representatives of the United States of America in Congress assembled, the memorial of Isaiah Townsend, in behalf of himself and others of the city of Albany, in the State of New York, proprietors of the steamboats Hope and Perseverance, of said city, respectfully showeth :
That your memorialists, in the year 1811, built two boats at an expense of upwards of fifty thousand dollars, under a conviction that they had a right to navigate the same under the existing laws of the United States; that the said boats have successfully plied between the cities of New York and Albany, on the Hudson river, for the greater part of the last season for the accommodation of passengers. That a suit has been commenced in the circuit court of the United States for the district of New York, against your memorialists, by Robert Fulton, of the State of New York, under a pretence that your memorialists have invaded certain patents granted to him from the Department of State. to recover from your memorialists treble damages, under the third section of the act of Congress, passed the 17th day of April, 1800; which suit is now depending and undetermined. That your memorialists, under the full conviction that the said Robert Fulton is not, in fact, the inventor or discoverer of the mode of propelling boats by steam, have instituted proceedings in the district court of the United States for the district of New York, pursuant to the tenth section of the act of Congress, passed the 25th day of February, 1793, to effect a repeal of the patents granted to the said Robert Fulton ; which proceedings are also pending and undetermined; and your mémorialists are confident that, upon the trial, they will be able satisfactorily to prove that the said Robert Fulton is not the discoverer or inventor of the mode of propelling boats by steam. Your memorialists would, therefore, most respectfully submit to your honorable bodies the propriety of any legislative interference, while the rights of the said Robert Fulton and your memorialists are thus pending in the competent judicial tribunals of the country, where a fair, full, and impartial investigation can be had, under the existing laws of the United States, under which the said patents have been granted, Your memorialists view the application made to. your honorable bodies by Mr. Fulton for relief
(if granted to him.) as contravening that sound policy, which forbids legislation in particular cases falling within the scope of general laws, as it is introductive of an odious and oppressive favoritism, in subversion of justice and of right. Your memorialists will conclude, by submitting one other consideration in relation to the bill now pending before the honorable the Senate, for “extending the time of certain patents granted to Robert Fulton,” and which to them appears of itself to be a sufficient objection to passing the same into a law. The patents to Mr. Fulton are of recent date, and it is yet to be ascertained (if it is decided that Mr. Fulton's patents are valid) whether he will not be fully and amply remunerated at the period of their expiration. And if, at that time, it shall appear that his merit has not been sufficiently rewarded, your memorialists confidently believe that he may then, with a certainty of success, apply to an American Congress, who will ever yield to genius its due, and to merit its reward. • And your memorialists, as in duty bound, will
to make application to the Congress of the Uni
ted States for their co operation and aid in making a canal navigation between the Great Lakes and Hudson river, which, in the opinion of the Legislature of New York, will encourage agriculture, promote commerce and manufactures, facilitate a free and general intercourse between different parts of the United States, tend to the aggrandizement and prosperity of the country, and consolidate and strengthen the Union. To these powerful incentives we feel it a duty to add our conviction that, in a fiscal point of view, this object is not unworthy of public regard, seeing that, by a good navigation from the lakes to the ocean, and by that alone, the speedy sale of, and payment for, many million acres of the public lands can be effected. o We might add other considerations, but, as doubts may, in course of the business arise, and explanations be required, we have deemed it advisable to depute two of our members, De Witt Clinton and Gouverneur Morris + + to be the bearers of this application to the seat of Government, with instructions to enter, from time to time, into all needful expositions. We crave, on the part of the State of New York, the credence and favorable notice of their representations. And, as in duty bound, shall
[Communicated to Congress, December 24, 1811.] .
To the Senate and House of
I communicate to Congress copies of an act of the Legislature of New York, relating to a canal from the Great Lakes to Hudson river. In making the communication I consult the respect due to that State in whose behalf the commissioners appointed by the act have placed it in my hands for the purpose.
The utility of canal navigation is universally admitted. It is not less certain that scarcely any
country offers more extensive opportunities for
that branch of improvements than the United States ; and none, perhaps, inducements equally persuasive, to make the most of them. The particular undertaking contemplated by the State of New York, which marks an honorable spirit of enterprise, and comprises objects of national, as well as more limited importance, will recall the attention of Congress to the signal advantages to be derived to the United States from a general system of internal communication and conveyance, and suggest to their consideration whatever steps may be proper, on their part, towards its introduction and accomplishment. As some of those advantages have an intimate connexion with arrangements and exertions for the general security, it is at a period calling for these, that the merits of such a system will be seen in the strongest lights.
Cumberland Road in Maryland and Ohio.
sideration of all matters relating to the said inland navigation ; and in case of the resignation or death of any of the said commissioners, the vacancy shall be supplied by the person administering the Government of this State. II. And be it further enacted, That the said commissioners, or a majority of them, shall be. and hereby are, empowered to make application in behalf of this State to the Congress of the United States, or to the Legislature of any State or Territory, to co-operate and aid in this undertaking, and also the proprietors of the land through which such navigation may be carried, for cessions or grants to the people of this State, to be received by the said commissioners in their discretion; and also to ascertain whether loans can be procured on advantageous terms, on the credit of this State, for the purpose aforesaid, and the terms on which the Western Inland Locknavigation Company would surrender their rights and interests to the people of this State. III. And be it further enacted, That the said commissioners shall be, and hereby are, empowered, to employ engineers, surveyors, and such
other persons as, in their opinion, may be necessary in order to enable them to fulfill the duties imposed on them by this act, and to pay them for their respective services, such sums as may be reasonable. IV. And be it further enacted, That the said
commissioners shall, and they are hereby required to report to the Legislature, at their next session, an account of the whole of their procedings.
W. And be it further enacted, That the Treasurer shall pay to the order of a majority of the said commissioners, out of any moneys in the Treasury, not otherwise appropriated, any sum or sums not exceeding $15,000, and for which the said commissioners shall account to the Comptroller of this State.
[Communicated to Congress, February 3, 1812.]
To the Senate and House of
I lay before Congress a report of the Secretary of the Treasury, containing a statement of proceedings under the “act to regulate the laying out and making a road from Cumberland, in the State of Maryland, to the State of Ohio.” - JAMES MADISON.
February 1, 1812.
| Sin: In conformity with the provisions of the act “to regulate the laying out and making a | road from Cumberland, in the State of onio.” several proposals were received, and contracts entered into for making the first ten miles of the road with the following persons, viz:
Cumberland road in Maryland and Ohio.
McKinley, 2 miles and 246 perches, at
$2.1 50 per perch - - - * - $18,827 25 Randle, 2 miles and 8 perches, at $14 50 per perch - - - - - - 9,396 00 Cochran, 2 miles and 131 perches, at $22 50 per perch - - - - 17,347 50 Cochran, 2 miles and 255 perches, at $16 50 per perch - - - - 14,767 50
Total, 10 miles - - - - $60,338 25
A copy of one of the contracts (A) is here with enclosed which will show, in detail, the terms, the obligations entered into by the contractors, and the manner in which the road is to be made. In those contracts the bridges are not included, and all the smaller ones have been contracted for at the rate of one dollar and fifty cents to two dollars per perch of mason's work. This, together with contingent allowances, some additional work which could not be embraced in the contracts, and the annual salary of $1,800 allowed to Mr. David Shriver, junior, who superintends the whole, will, it is believed, make the entire cost of those ten miles seventy-five to eighty thousand dollars. It appears, by Mr. Shriver's report, which, together with an extract of his letter of the same date, is here with enclosed. (B.) that it is probable that these ten miles will be completed by the first day of August next, according to contract. The sum appropriated for making the road amounts, after defraying the expenses of surveying and laying out the same, to $125,477 51; and there will, therefore, remain, after paying the whole expense of finishing the first ten miles, an unexpended balance of about $50,000 applicable to the prosecution of the work. This, supposing the expense to be at the same rate, would be sufficient to complete nearly seven miles more. Mr. Shriver suggests that it would be desirable that contracts might be made, and the road be completed for eleven miles instead of seven. This would reach as far as Tomlinson's, twenty-one miles from Cumberland, where the old and new roads meet, and render the whole work done useful, even if it proceeded no further. For effecting that object a further appropriation of about $30,000 would be necessary. - Another observation of the Superintendent, which deserves particular attention, relates to the necessity of levying tolls sufficient to keep the road in repair; but this can be done only under the authority of the State of Maryland. From the nature of the contracts, and from the manner in which the work has been executed, it will, it is believed, satisfactorily appear that the chain of mountains, which divides the Atlantic from the Western States, offers no real impediment to an easy communication, and that roads may generally be made as perfect, as convenient, and on the same terms, across those mountains, as in any other part of the Union. I have the honor to be. &c. ALBERT GALLATIN. To the PResident of the UNITED STATEs.
Articles of agreement made and concluded on the eighth day of May, in the year of our Lord one thousand eight hundred and eleven, between Henry McKinley, of Maryland, of the one part, and Albert Gallatin, Secretary of the Treasury, in behalf of the United States, on the other part. Whereas, the said Henry McKinley has agreed for, and in consideration of, the payments hereinafter mentioned, to make and complete in a workmanlike manner a certain part of the road leading from Cumberland, in the State of Maryland, to Brownsville, in the State of Pennsylvania, as the same has been laid out and confirmed, in pursuance of the act entitled “An act to regulate the laying out, and making a road from Cumberland: in the State of Maryland, to the State of Ohio,” and of the act entitled “An act in addition to the act, to regulate the laying out and making a road from Cumberland, in the State of Maryland, to the State of Ohio,” which part of the road thus contracted for by the said Henry McKinley, and hereinafter described, is to be made and completed by the said Henry McKinley, in the following manner, and on the following conditions, that is to say: The trees to be cut down and cleared the whole width of sixty-six feet, according to the fourth section of the act abovementioned; the stumps to be grubbed, and the bed of the road to be levelled thirty feet in width; the hills to be cut down, the earth, rocks, and stones, to be removed, the hollows and valleys, and the abutments of all the bridges and culverts, to be filled, so that the whole of the road on the aforesaid width of thirty feet, to be reduced in such manner, that there shall not in any instance be an elevation in said road when finished, greater than an angle of five degrees with the horizon, nor greater than the gradation fixed by the commissioners who laid out the road, and so that the surface of the said road shall be exactly adapted to the marks or stakes, made or to be made, by the person appointed superintendent for the said road by the President of the United States. Where the earth is to be raised, the sides are to slope at an angle not exceeding thirty degrees, the base or bottom part thereof to be of such width as to secure to the road a complete surface of thirty feet in width; a proper allowance to be made for the settling of". made earth, according to the directions of the superintendent; and no stumps, logs, or wood, of any kind, to be permitted in the filling. In all situations on sides of hills, or otherwise, where it may be necessary to fill, but where the nature of the ground will not, in the superintendent's opinion, admit filling with such slope as above mentioned, and where side walls will be built at the expense of the United States, the contractor is to fill four additional feet in breadth, so as to give thirty-four feet surface to the road. Where the hills are cut through, or the road dug along the side of a hill, the bank or banks to be cut of such slope as will be gecessary to prevent the earth from falling or slipping in upon the said surface of thirty feet. But in those places where, from the steep ascent of the side of the hill, to cut
Cumberland Road in
with such slope would be impracticable, and where the superintendent may cause side walls to be built to support the bank at the expense of the United States, the bank may, with his permission, be cut perpendicular, or with a greater anle. The surperfluous earth to be removed to the next filling, and there spread, so as to increase the breadth of the road equally on each side, from the commencement of the filling to the end of it, unless otherwise permitted, or directed, by the superintendent. What may be deficient, in order to fill the hollows, to be dug out of the aforesaid thirty seet, or from the banks, in such a way as to increase the width of the road equally through the nearest cutting, unless otherwise permitted or directed by the superintendent. Nor in any instance, the earth to be dug without such permission or direction, more than one foot below the surface of the pavement, within the aforesaid breadth of sixty-six feet. A ditch or water course to be left or made on each side of the said surface of thirty feet, and contiguous thereto; but where the road is dug along the side of a hill, having an ascent exceeding thirty degrees, the ditch along the side of the hill may be dug within the width of the thirty feet, so that the surface of the road, including the said ditch, shall, in such cases, be only thirty feet in breadth. The ditches are, in every instance, to be of such breadth and depth as the superintendent shall direct, and valleys or sewers above the surface of the ground, necessary to give vent to the waters on the side of the hills, to be made in all parts where, and in such manner, as shall be designated by the superintendent. The road to be covered twenty feet in width, with stone eighteen inches in depth in the middle, and diminishing to twelve inches at the sides; the upper six inches thereof, to be broken to such a size as that each particle thereof will pass through a ring of three inches in diameter, and the remaining or lower stratum to be broken so as to pass through a seven inch ring. No stones to be used for said pavement but such as may be approved of; provided, they are within one mile, on an average, from the part of the road where they may be wanting, and particular pains to be taken to select the best for the upper six inches. In all cases, where bridges or culverts are built, the pavement to extend twelve inches deep from the extremity of the aforesaid breadth of twenty feet to each side wall, the whole length of said walls; for which additional pavement the contractor shall, in addition to the price stipu. lated in the articles of agreement, hereto annexed, receive an allowance at the rate of one dollar for every fifty superficial square feet of such additional pavement. The whole of the said artificial stratum of broken stones to be made in a compact manner, and to be supported on each side by good and solid shoulders, and its surface to be formed as smooth and even as may be, and of such convexity as the superintendent may direct. Each grade of the road to be perfectly levelled, brought to the proper degree, and approved, before any stones are put on the same; and the lower stratum of stones passing through a seven inch ring,
is then to be put on, levelled and approved, before the upper stratum, of stones, passing through a three inch ring, is put on. In every instance the contractor to find, at his own expense, the stones wanted for the pavement, and for his work on the road, but to be allowed, in addition to the price stipulated as hereinafter stated in the articles of agreement, at the rate of half a dollar for each perch in length of the road, where he shall be obliged to pay the owners of the adjacent farms for such stones. The side roads, on each side of the pavement, to be dug as low and deep in the cut parts of the road, and particularly through the rock, as the superintendent may direct; and the filling of such side roads, where the same is necessary, to be raised as high as may be directed by the superintendent. No contractor is to interfere with the stones of the contractors for adjacent sections of the road; for which purpose a line at right angles with the road, at the end of each section, will be considered as dividing the right to stones by each contractor, unless otherwise directed by the superintendent on acceount of a want of stones within the limits of any one section. Masons, or other persons, who may contract with the United States for the building of bridges, culverts, walls, or any other species of mason's work on the road, to be permitted by the contractor to take and select such stones, within his division, as such mason or other person may think proper, and to haul the same along the parts of the road levelled by the contractor, or elsewhere, to the place where such stones may be wanted, without any interruption. Wherever the road meets with, or runs along the course of any other road heretofore used, a sufficient width of road to be kept open for wagons and all kinds of carriages, to pass and repass without delay or interruption, whilst the new road is making. The contractor shall not in any instance let or transfer his contract, or any part thereof, to any other person without the superintendent’s consent; and in every instance, where such sub-contract may be made, the price per perch to be allewed to such sub-contractor shall be fixed, with the said superintendent’s approbation, and shall be paid by him to such sub-contractor, out of the first moneys which may become due to the principal contractor, according to the provisions for payment stipulated in the articles of agreement. The contractor shall not employ any workmen or laborers, who commit depredations in the neighborhood, or insult the travellers; and he shall, on the application of the superintendent, immediately discharge any workman or laborer in his employ. The contractor shall commence working on his station at the end nearest to Cumberland, unless a deviation in that respect be assented to by the superintendent. Now, this agreement made and concluded on
the 28th day of May, 1811, between the said Henry McKinley, of the one part, and Albert Gallatin, Secretary of the Treasury, in behalf of the United States, of the other part, witnesseth, that the said Henry McKinley, for his heirs, executors, and administrators, does hereby covenant,