The United States of America, Part 1: 1783-1830Sparks, Edwin Erle
History
The United States of America, Part 1: 1783-1830
Sparks, Edwin Erle
United States -- History
Of less importance than many of these functions bestowed by the
Constitution on the Federal Government, but even farther-reaching, was
the indefinite power to "promote the progress of science and useful
arts" by encouraging authors and inventors. The right of an inventor
to a protection on his product had been saved from the monopolies so
freely granted to companies in the time of James I. It was one of the
birthrights of Englishmen brought to the American colonies. The right
of an author to the benefit of his productions was allowed in the
common law. Colonial legislatures had been accustomed to encourage
both authors and inventors by rewards of money as well as by exclusive
rights for a limited term of years. The Legislatures of various States
continued the practice after the Revolution, although there was no
system of inter-recognition of patents between the States. Fitch, the
steam-navigation experimenter, secured exclusive rights on his steamboat
from Virginia, Maryland, Pennsylvania, New Jersey, and New York, and
even then was unprotected in the remaining States. This power so
evidently belonged to the national instead of State governments, that
it was never questioned in the convention, although it had not been
included in the Articles of Confederation. Indeed, so essential was
the necessity for the development of home resources felt to be that
at one time the convention had considered transferring from the States
to the Federal Government the general practice of "establishing public
institutions, rewards, and immunities for the promotion of agriculture,
commerce, and manufactures."
This paternalism was eventually confined in the Constitution to patents
and copyrights. Within a fortnight after the beginning of the House
sessions, David Ramsey, the South Carolina historian, petitioned
Congress for the sole right to sell his books for a limited term of
years. He was followed by Hannah Adams, the Massachusetts writer,
Jedediah Morse, the geographer, and others. Instead of granting such
petitions by individual bills, as the State Legislatures had done,
Congress enacted a general copyright law which gave to any applicant
exclusive control of his writings for fourteen years.
Public-domain text, read in full here on John Shaqi.
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