The Writings of Thomas Jefferson, Vol. 6 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
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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
SIR,--In August last I received a letter from Mr. Isaac McPherson of
Baltimore, on the controversies subsisting between yourself and some
persons in that quarter interested in mills. These related to your
patent rights for the elevators, conveyors, and hopper-boys; and he
requested any information I could give him on that subject. Having
been formerly a member of the patent board, as long as it existed,
and bestowed in the execution of that trust much consideration on the
questions belonging to it, I thought it an act of justice, and indeed
of duty, to communicate such facts and principles as had occurred to me
on the subject. I therefore wrote the letter of August 13, which is the
occasion of your favor to me of the 7th instant, just now received, but
without the report of the case tried in the circuit court of Maryland,
or your memorial to Congress, mentioned in the letter as accompanying
it. You request an answer to your letter, which my respect and esteem
for you would of themselves have dictated; but I am not certain that I
distinguish the particular points to which you wish a specific answer.
You agree in the letter, that the chain of buckets and Archimedes screw
are old inventions; that every one had, and still has, a right to use
them and the hopper-boy, if that also existed previously, in the forms
and constructions known before your patent; and that, therefore, you have
neither a grant nor claim, to the exclusive right of using elevators,
conveyors, hopper-boys, or drills, but only of the improved elevator,
the improved hopper-boy, &c. In this, then, we are entirely agreed,
and your right to your own improvements in the construction of these
machines is explicitly recognized in my letter. I think, however, that
your letter claims something more, although it is not so explicitly
defined as to convey to my mind the precise idea which you perhaps meant
to express. Your letter says that your patent is for your improvement in
the manufacture of flour by the application of certain principles, and of
such machinery as will carry those principles into operation, whether of
the improved elevator, improved hopper-boy, or (without being confined to
them) of any machinery known and free to the public. I can conceive how a
machine may improve the manufacture of flour; but not how a _principle_
abstracted from any machine can do it. It must then be the machine, and
the principle of that machine, which is secured to you by your patent.
Recurring now to the words of your definition, do they mean that, while
all are free to use the old string of buckets, and Archimedes' screw for
the purposes to which they had been formerly applied, you alone have the
exclusive right to apply them to the manufacture of flour? that no one
has a right to apply his old machines to all the purposes of which they
are susceptible? that every one, for instance, who can apply the hoe,
the spade, or the axe to any purpose to which they have not been before
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