The Writings of Thomas Jefferson, Vol. 6 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 6 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
The federal constitution indeed interdicts them in
criminal cases only; but they are equally unjust in civil as in criminal
cases, and the omission of a caution which would have been right, does
not justify the doing what is wrong. Nor ought it to be presumed that
the legislature meant to use a phrase in an unjustifiable sense, if by
rules of construction it can be ever strained to what is just. The law
books abound with similar instances of the care the judges take of the
public integrity. Laws, moreover, abridging the natural right of the
citizen, should be restrained by rigorous constructions within their
narrowest limits.
Your letter, however, points to a much broader question, whether what
have received from Mr. Evans the new and proper name of Elevators, are of
his invention. Because, if they are not, his patent gives him no right to
obstruct others in the use of what they possessed before. I assume it is
a Lemma, that it is the invention of the machine itself, which is to give
a patent right, and not the application of it to any particular purpose,
of which it is susceptible. If one person invents a knife convenient
for pointing our pens, another cannot have a patent right for the same
knife to point our pencils. A compass was invented for navigating the
sea; another could not have a patent right for using it to survey land.
A machine for threshing _wheat_ has been invented in Scotland; a second
person cannot get a patent right for the same machine to thresh _oats_, a
third _rye_, a fourth _peas_, a fifth _clover_, &c. A string of buckets
is invented and used for raising water, ore, &c., can a second have
a patent right to the same machine for raising wheat, a third oats, a
fourth rye, a fifth peas, &c? The question then whether such a string of
buckets was invented first by Oliver Evans, is a mere question of fact
in mathematical history. Now, turning to such books only as I happen to
possess, I find abundant proof that this simple machinery has been in
use from time immemorial. Doctor Shaw, who visited Egypt and the Barbary
coast in the years 1727-8-9, in the margin of his map of Egypt, gives us
the figure of what he calls a Persian wheel, which is a string of round
cups or buckets hanging on a pulley, over which they revolved, bringing
up water from a well and delivering it into a trough above. He found this
used at Cairo, in a well 264 feet deep, which the inhabitants believe to
have been the work of the patriarch Joseph. Shaw's travels, 341, Oxford
edition of 1738 in folio, and the Universal History, I. 416, speaking
of the manner of watering the higher lands in Egypt, says, "formerly
they made use of Archimedes's screw, thence named the Egyptian pump, but
they now generally use wheels (wallowers) which carry a rope or chain
of earthen pots holding about seven or eight quarts apiece, and draw the
water from the canals. There are besides a vast number of wells in Egypt,
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account