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
Simultaneously with the petition from Ramsey, which led to the first
copyright law, came one from John Churchman asking for exclusive right
to sell spheres, maps, charts, and tables on the principles of magnetism
which he had invented after "several years' labour, close application,
and great expense." Soon after came requests for such rights from Fitch
for a boat propelled by steam, from Rumsey for one propelled by setting
poles, and from Stroebel for another to run on wheels without the use
of oars. Other inventors asked for patents on a machine for raising
water to run a waterwheel, on one for making nails, for producing power
by using a weight, for curing the bite of a mad dog, for counting the
revolutions of a wheel, for a reaper and thresher, and for a
lightning-rod on an umbrella. In the second session Congress passed
an act making the members of the Cabinet, except the busy Secretary
of the Treasury, a board to hear petitions and to grant sole rights
to inventors for fourteen years.
The necessity for uniform action deprived the States of both copyright
and patent control and gave it to the central agency--powers trivial
in themselves, but potent in the unforeseen work of transferring the
trust and gratitude of men of learning and ability from their several
States to the Union. "The encouragement of learning" is sufficiently
indefinite to become a giant by interpretation. This was apparent in
the very first session of Congress. To his petition concerning his
magnetic maps and charts, Churchman had added a prayer for "the
patronage of Congress" in undertaking a voyage to Baffin's Bay for
studying the cause of the variation of the magnetic needle--a problem
handed down from Columbus. The proposition was defeated in the House,
although only five to eight hundred dollars was suggested, because of
the deranged condition of the national finances. Only one member
expressed a doubt as to the constitutional power of Congress to do
more than reward inventors by patents. Although the Constitution
explicitly confined the encouragement to granting of exclusive rights
to the use of the invention, the cause of defeat was not the lack of
constitutional power, but the lack of means.
Public-domain text, read in full here on John Shaqi.
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