The New York Herald Newspaper, December 2, 1851, Page 3

Intelligomee. oe ifhat flown our ely has, gro, overeating ai 5 Aner tg 24.) its ashes as often as entities ts aaaewe Distiecen fea dy Ce to have sffected his escape, ‘and virtue. an board ofthe bark, Francis Sythe nets aed in mieten tied by Larerrerl [From the Alta California, Oct-41) ness j and robbed it ofa large | this "The house was of course june last. Every vessel Bled toovertowing, lately for Sydney has Soon Ox- erases in it. “We 5 plea Rip sthority, that LJ the evening the building settled in a body sdout two inenes [thas now reachod a firm basis overture, admirably executed after which, Mrs. Stark ap curtain and delivered, in her usual felicitous style, the following OPENING ADDRESS: Could we, to-night. the eternal slumbers break Of Avon's bard. and bid the dreamer wake, ‘The astonished muse would bid the post turn, And sleep sgain beneath his honored urn. ‘The immortal mind in its unchecked career, = with time. whose ae is not bere; onward whitling, throug) each varying zone, Seeks for its rest in vast ete: lone.” Ambitious map. ts search iden lore, for Sydney. The man Immediately after, the way, and stood out ef the harber. become known to the commit- made to charter a boat and fol- Ak the bark hed three az af ‘bark was got un giz i 5 z ‘the steam-tug Fire: immediat ‘ited Where once the broad Pacific's crested wave, several of ue Fire, of the ee pepe be Leer nd 6 atte nay did lave.’ dered them the use of his boat to join im pursuit of Laeag y pore aned aaa ‘the bark. Accordingly, steam was got up, and, Leg heros dedicate Kean 99 passing the U. S. revenue cutter Polk, apt Web. Our generous friends, whose hearts are tried and true; ater gave the Rev ® reinforcement of men and | Your have cheered us oft in bygone days, Rendwey in chase. in the meoctine the bark hed | The scourge may some’ Ambion ner dis 4 5 meantime ! never : weighed anchor, and taking the brects, bad geined | Bot Phoral-lke, wil bid the fallen sion too great 8 distance for the little steamer to ovor- | Then welcome home, old friends so loved and dear; na be-pursuit was kopt up till the fuel was | x’? sorzow's shade with Hope's. bright eunshine blond, ‘Dearly e: , when the steamer put back, ar | ne Pioneer shall Ay Te Tiving at hang, Whert at wagon mq M. ‘This shrine is yours, where falls the grateful fee 'rom the Sacrament 24. cherie raised this temple here. © Mr, Hubb, Prperiotee, of the "Dowaierile ox- Then Join wi swale are the 5 iariog (> pad yeeterday. Mi 4 ba gli in ae Bath he was attacked wr ph The God. ¢-| phe nd dene ee Gan a fow miles this side of Downieville, androbbed | Shall memory here tike heavenly incense burn ! of $400 in gold dust and specie. Hehad dismounted | _ After the plaudits wore over, the curtain rose and ecco ee @ moment, and was about re displayed the entire mount when the villain sprang from behiad 3 tree, ae, bi, vishened a cma and Sap ro- | and Mr rifle t) contents. ct. > bout, Flag” followed, delivered as only he in California H. had al $20 in silver, which was taken, be- can’ Sutter at Tle oe han, purse containing nearly $400 in gold dust. applauded, of A reward of two hugired daliges hes Foon ofeved course. After this, Mr. Eyres sung ‘The Star Spangled Banner,” accompanied by the company ‘for the arrest of the robber and the recovery of the | mone: in chorus. as Mrs. Anna Cora Mowatt’s “Ar- character s Vader date of French Corral, Ost. 10, 1851, we | ‘The play wi A ‘Gnd the following communication in the Union:— | mand,” in which Mrs. Stark sustained the oe % Fk of this month, Me. ames Taylor, of Blanche, and Mr. Stark, of Armand. val loo! for some stray cattle, discovered a mmurdered man lying k Sporting Lee ae on Shady Creek, about four (From the San Franc’ Oct. 31.) miles above this near a trail leadiag to and The race bet) the 4 Hamburg from Nevada. On the 9th, a number of us living in crane tnd the Whitebalf get T. K. Bettelles one this vicinity assembled on the spot for the purpose | off yesterday. They pulled from Rincon Point, the around Mission Rock, t -of ide: g and inte: body. Four ribs the Clara’s boat coming in ‘had been cut with a sharp ment, in the left | ahead some five or six longths. The T.K. Battelle was side, and below it a stab had been inflicted. De- led by McDonald and Fay, from Whitehall, the composition baving taken place to a great extent, | Clara’s boat pulled by four men and steered by the he could not be identified with certainty, but judg | cay On account of the captain the be Dye his size, his teeth and clothing, (hickory | after oareman, the other ies refused to give up shirt torn off, corded cassimere pants, short cowhide | the prise unless the captain would pull er R08 boots, and woollen hat,) 9s far a3 recollected, we | over the seme distance, for a purse of five hundred suppose kim to be a man by the name of Roberts, | dollars. a Welshman, who came from some part of Austra- -lia to this country. The same had been working here last winter, and at intervals this summer, at List of Vessels in the Port of San Fran- Hannon Masran’s Orrice, Oot 30, 1861, mining. About two months ago, as near as recol- ‘AMERICAN—232, lected, he left this place for Nevada, for the pur- Buirs—43, pote, as he said, to. got oured of » cold. whioh he.| Remell, Ellen Brooks, Cepltol ad-contracted, also to recover some money ous, Potomac, 2! {about $1,400), whieh he had lent out at interest | H Besaar, JN Gossler, last season ; intimating, at the time, that he ox- | Emily Tayler, ; 3 Bp 4 to be back hereere long. Nothing hasbeen | Opecimen® Sopas, Pectelas from him since, and he may have met an ua- ed Tant Sous Shoda, timely end. He had s family in Australia, and is | Robt Threelin, Zor, to have some acquaintances and friends | Basar,” ‘Adelaide, Geallones, in og This news, Cs melancholy, . St Thomas, Tutus. and in some degree doubtful, we have it | ues pt ry we oe” our duty, through ycu, if you will have the kind- Baax: asp, ness, to make le. sania Degman, JJ Cobo, From the Ban Francisco Transcript, Oct. 27 | apn Hood, Pilatim, bie tad American Oonsal at the Sandwieh Lolends bas oft. | 380 Govdlno, b= q halen, cially ‘communicated to the Vigilance Committee of San | FOES 5 |? ia. Francisco, that Belcher Kay would not be allowed to | Brontes, reol, Gizeer. leave the Islands, until he should be advised what Francisco, 4, action wished te take in the matter. It is Aquetnet, Ole Eapelere, stated thet Tho comutiee have sont out for , and our Dutchess of Archibald Gracie, informant expresses the bellef that, the heed of the rob- —_— * we ee, Der gang of fornia is socom destined to meet his de- Pe sorte, Eve Stockton Journal says that law end justice | Sarah Warren, Me ave been tchumpbantty vindleated in that city. Lanerk, ima, -desperadors, whose were commenced @ few days | Mermeld, = Madonne. » since, bave been found guilty, and received their senten- Mt Washington, e fis ces in the extreme ‘y of the law in each case Chiet, rT Abagua, ‘The horse thief case we mentioned ia our last, upon | Byron, Haanah Sprague, ‘which the jury could not agree and were discharged, Keaballe, % hmond, egain ceme up for trial before the Court of Sessions on | Corn’ 4, yesterday. The result has bean mtitactorg t0 the com Contes, Macy Sere unity and to the law which bas been #0 laxly ad- | grily Fernham, Volante, Jefe enders, A | ived, as " Tarquina, 1008, quantum of justice, ten years penitentiary. Swiss Boy, Adams, “se : indicted under the same statute asa | Dover, — Columbus, confederate of the above two * birds,” was also found | pedley. Gen ren. guilty. and sentenced to seven ee Sie A Beptord, esta, ett ten, James Wilson. e/ies Mountain Jim, was con- = Montorema, victed before the Court of Bessions. of the crime of horse- ewe... de {Seta t stealing, and adjudged to die. Whem the sentence was | oven ' rete ee an el ee ae Wreteoes, Clarendon, Bliss Taylor, thet “was but what he by God.” This | Jy; Marshall, Agate, ‘man was the mort consummate in the orowd, and Fi his depravity was boldly written on his face. © yn, jevoner. ‘their punishment threatened to spring directly from epraged citizens. But the public excitement was calmed | Puna” Year perees Vie Wilene, and they have met a deserved fate. This is as it should x, de, apd we expect much good from this exhibition of le- Freamoni, Ca . gal severity and justice. Iburbide, Olivia, Theatrical. orea' THE DRAMA IN SAN FRANCISCO. ee, (From the Alta Oslifornis, October 31.) In those latter days, when all the rofinemonts and | Fajoss® luxuries of life have been introduced here on the ellnand, Pacific shore—when the days of canvass tents and wooden shanties have de; and when two mag- Siary feed, nt buildings devoted to the drama have arison | SO bemarest. ° amongst us, it may not be uninteresting to take a lance back some two years ago te the time when | Gollan, pay n muse first made her appearance in our Tonneeeees ‘ashiagton. midst, and follow her footsteps up to the present ‘ ae 36. The firet theatrical performance given in San foten, wae sicapaeed Francisco was in the month of Jaquary, 1850. in the sopenh chery of © building in the rear of the old Alta " office, known as Washington Hall F F PET] The com: was under the control of Mesars. maul us, Atwater ard Madison, and the first performance een Beauty, given was “The Wife” and “Charles the 24.” The Barette, Je, John Farnsworth. performances were not of a very high order, bat ped ell filled for several nights. on —— f that original company now ane Hee doses. Wright and Daly, both pla Scnoonens—3. at the Jenny Lind theatre. In the month Pparition. larch, Mr. Rowe, who previously - 4 : same ground, Fitea up his establish- Sow Sere ize man ‘ile dy Tounsins, it for stage rmances on Koarny street, + Hears aon the po ge where is now Commercial, Rmile fouvelle Anais, Java. Heres of English actors, consisting of Mr. Nymphe. and Mex. Hambleton Mr. and: Mrs: Battery Mr cmILtAN—4. and Mrs. MeCron and others, opened. Mrs. Stark, ety te, and Angusting then Mre Kirby, soon after arrived, and opened in tonite. this theatre, where she laid the foundation for the Mal trai Preas. immense popularity she has since aequired in Cali ae fornia. Inthe month of April of the same year, a neat little French theatre was 0} on Washing- ton street. The French ion was then com: a ly small, Le tee) yy the novelty - t passed away it met at suppor On the 4th of Jal 7 1880, Mesars. Robinson & Ev- rard ofened the little Dramatic Museum in Cali fornia street, above Mont Chis little Bates teria Francisos, J © Shovel, George Whshington, ane “Alfred & Rmily, Emit Rove, and Menriotve. Sent—leee. ‘ AUSTRIAN, _ Ship-Potsdam. swaDIsn—3. 4 Guster. ea Ss establishment bad a opened over Mr. on the Plata. Mr. wand Mrs. Stark played by a 0 bai was 7 vt the sans time the Drematts . i Hi H a : Hil ees i i 22 A i F E fe Hi: RFs ille ih 3 a i sctors from th this, and come out here to assure chem that ¢ wou reception, and haverthe pleasure of .diveriminesting Layee pe tg | eet worl: e ‘i The Speech of Kossuth in London—-The Money Markets of the World. TO HIS EXCELLENCY GOV. FLOYD, PRESIDENT OF THE BOARD OF PUBLIC WORKS IN VIRGINIA. In my former letter I gave a table showing. that the anaual interest on the public debt of nine European States exceeds two hundred aad twenty- five millions cf dollars, with a statement of faets | proving that the bankers, who are their agents: for the sale of their bonds and of ths fund holden | forthe receipt and investment of tas socruiog us terest, aided by the Bank of [ngland, combined to break down the Bavk of the Uaited S:ate:, bs cause tbat bavk attempted to create aa ageacy in London for the sale of American se suritivs bearing, an ivterest of six and sevcn per ceat, in compsti- tion with their European three aud tour per ceats. lexplained that this was a matter of nocessity on their part, because, inasmuch as the public debt of thoee European monarchies bears interest at the rate of three and four per cent, and represents the sum expended in wars aad ia maintaining armies and navies and jrivileged persons, i: is the policy of those governments to distribute their debt into the hancs of many persons, bocause they thereby increase the number of those who are directly in- terested in maintaining their credit and the present forms of government; which would be endangered if the European fund, holders. were to sell out their three and four per cents, and invest in American six and seven per cents. Sinoe’ letter was written, [ have read Koasuth’s London » from which the following is aa extract. London Is the regulator of the money market of the world. ‘These few words spoken to you: Bice to state the immense importance of this principle. Well, if is the regulator of the public credid of the world, “apd If « very considerable quantity of the loan sbares of every government in the world are eoncentrate! here, in Londons, let me ask where is the security of those loaus’ where is the paid the money uader the governments of the world’? I the security-in the vic- tory of the absolutist principle, or is it the victory of the Pi of freedom? Ta! governments, what ? Is it the love of the natiovs’ of belove’ Love toour nature, Is hy Therefore, what is che Immense costly oe whatever manner ap) resources out of which it should be j and then the same goes on mand again. would take the ‘uarrntee upon for the nations of the world with Lerner palin greeny employed not for their benefit, but against their benefit, and their liberty’ can take the Q] that once these nations, groani sufferings, will not say,— Stet hit pey whomade the debt, we made it mot.” Here is the prospect which absolutest principles point out in that respect. But there is @ prospect, especially to the heure of Austria. That prospect is inevitable bank- oP call ur attention to these remarks of the great Hi because they verify what I said in my fermer letter, and because our ished fellow cert of the abselutist gor- ernments in question, and because such is the desire, in certain quarters, to obtain the vote of our naturalized in the next Presidential election; that there is cause to fear that many will be enlisted in the effort to involve our government continental powers of Europe, under the vain hope that England will be our 2 will advance the cause of re- t me be understood. Noone 3 but Ido not believe we can mn the v uy ames oe Ei over or are the agents and creditors of absolute govern- I do not believe that the cause i z g up No, gentlemen, that is affair of Hi ; we will for our own free- of Engind, the ac- nations to dispose f their ‘That the time is near at hand, whon the interests and Great Britain may bring them in conflict ; and that the whole power and in- into the motives and policy of England, before we permit our sympathies to mis our judgment, so faras to ous in the victims of her avarice and ambition. y bas England been jealous of Russia! Why docs ry) Christian Queen sustain the unbelieving Turk ? it not believe. carefully because the conquest of Constaatinople peror of Russia to seise w 4 in India? And what inter- venting that catastrophe? What i 8 = ity 3 a eas multiply our wealth and rescuroes, and, bya judicious organ- in te nited States ® financial power, strong onot to protect us the eveee power of Teen ani to make New York and New Orleans, instead of Londoa, the conters of the financial world? Who dor that this is the real issuo of the present day, or that upon it, more than any other, depends it, conflict now waging between despotism aad tty? ‘Koseuth is right inthis. The permanency of tho absolute governments of Eurepe depends on their ability to obtain money. Their sole reliance is upon loans and taxation; for whenever the people refuse te pay taxes there will be an of absolate governments. Such is the foundation upon which rests the whele funded debt of urops, which con- stitutes the basis of Luropean credit, and is tho vital of the Pewyd power of London. A powor concentrated in the hands of » few indivi- ‘enables them to regulate the polisy of the of Europe with more efficiency than the mandates of the cae anes pene go especially in relation to the questions of war poeee, How long they may be able to arrest or delay the pro- greas of Russia towards Constantinople and the Ss British ns in India, remains to beseen; but wo, in the United States, would be deaf to ail the lessons of experience, if we presume for a moment that this concentrated rei power will over take part or symyathize with us in any effort to advance the cause of republican liberty. Kossuth is mght. The t question of this age is not arms, but money. ‘e@have scen that the chief clement of the concentrated money power of London consists in the funded debt of monarchical governments, and who docs not know that whenever 8 conflict between either of thore governments and liberty may oceur, the whole stroagth and energy of that concentrated money power will be exerted to crush (be germs of liberty wherever they may ap- pear’? Upon what, then, do the ho; of liberty rest? Upon what inast the oppressed nations of tho world rely And fromwhence must the means of their redemption come ? Mast they aot look to us And how can we heip them #o long as our oreditand ovr rerources are regulated by « combination of }-uropean de or the concentrated money power of their ban d agente? Have we the means of organizing a monetary system of sufficient strongth to resist that combination, and to give effi- cient aid to liberty in her conflict with despotism, u you to bear in mind that tae combination which broke down the Bank of the United States, bas given way before the energy, activity, and re- sources of this g and rous people—that American credit has revived, and that the greater | security and inereased dividends will indu: any to sell out their European three and four per cents and invest in American Sixes—tha! this is the ago of and that the words of that remarkabie man, will be re; and meke a deep impression on European fi iderr’ and the: when once the of transferring to the United States will require no London to accom, it. Ne one can foresee the effect of the panio thereb; oduced. Who, ten years ago, would have that 80 E many are n emigrants would have come to the United ates! Poe transfer of capital by this process has Number of Amt of depos, dpertiere tne interes’ mS Obaritabie institutions Friendiy societies...... . Tos Total... .... £23 471, Theee deposita are by law iavected in tue pablo | accurtties ot the British govérnment, sod the effoot of a panis, which @ould induce the depositors to | demand pay moat, wuld be te som pol Wose savings banks seouritios s mor fs on J 1822, is in the following table :— ba i Me 176 recetving incomes not exceeding 44.648 = . « Pry 7 ae « ‘“ uno CY & “ 4,790 bd & « gear. + “ ‘ 1367 id - Publle Companics and Joint Stock © bs persons: with inoomes not exceeding se “ ™ Pablic@ndVoint Stock Vompanies, 4 persona with incomes not exceedi: 12. persons with incomes exeeeding .. ou Pobite Cow panies with incomes exceeding .. When you-examine these lists, and see how mevy there arewhe have small incomes, and re- fleot upon the @ such persous have to emigrate to che United States, and to invest in American soouniiat ve are justified in believiog that an org of American credit, resti upon a permanent and fixed basis, will be prefe: by many persons im Europe, and-that large sums will be remitted te-the United States as a por- manent investment, Tt ig oatimeted that there are near ten thousand miles of railroad now in operation in the United States, and that there'soom will be at least twenty thousand mules, and the capital invested more than six hundred millions of dollars. The dis- bursement, for mail service on railroads to about one million of dollars As this service is so rapidly increasing, for the sake of round numbers, we essime that the proposed -of system will commenceon a disbursement of twelve hundred pnyavnpetrey “ath ety ae interest at Bix per cent wenty ions. 'e that the Post Office Department should by oad con- trects with railro: companie for the perpet- ual use of their roads; snZtha, instead 00 being pai ow on contracts fer four the railroad ph ge shall roseive am amount of fire iF cent b ohargeable on the revenues of the mont, the interest upon whioh, at six per cent, would be eqaal to the service rendered. ‘Tous wo now pay threo hundred dollars per mile per annum for oarrying the mails on first class railroads, which is six per cont on five thousand dollars, aad which at five per cent would reduse the eon the de- partment to two bundred and filty are per mile per annum; leaving os | dollars per mile per an- bum as a sinking fund to pay off the principal; which it would do in less than thirty-three years The effect of this would be to give use of such railroads Li Hay Srerecties Fi of all charge, us comsequently to save tment twent; - lions at dollars in thirty three sears. As this woul id be so much money saved, whether it be applied to defray other oxpendisasse of the department, or availed of @ rates of postage, the —s of system is Lead toa Sarpeegh for = sum, and as we are legislating not for to-day o but for the future, the change of system is ontitied to soredit not for that sum enly, but forthe sum obtained by age paces the interest on that sum in perpetuity. —— compounded at six per cent semi-annually, duplicates itself ia less than twelve yoars. The following table shows that the gain by the eet system will be, in 33 years. $20, 81 years... .$920,000,000 6 40,000,000 93 640.000, 000, oT 3 80,000,000 100“ + 907,674,470 0 . . ree oats But this will not be all, the effect would b atly to enhance the value of the large funds invested in ‘railroads. It would make rai shares ani rail- road. bonds available ag capitel, and thus furnish a basis fe westment, and for the organization of a pes of American credit, much more permanent and reliable than the system of European taxation. Headed o ed with a nonad by our peo} i an interest ccomstlally American in all its aspeots, tenden- cies and affinities. It is identified with our soil, and se conneoted with our progress and welfare that it boon A net be and never can be any other than American in feeling er . It is strictly local, and yet conneets itself with the most remote sections of this great country. Jt is an interest acting within presoribed limits, confined within ite own but connected with, Era heey stp a a gr eac! eve! our grea republic; an interest wolfex aids in- creasing, whose power and consists not in taxes levied upon a down mn and oppressed people, but in the facilities, acoommodation, wealth, prosperity, and blessings, which it gives ; and whose beneficial power and influence may be s0 organized, increased, and concentrated, asto protect us from the powerful 5) comb’ jon to which | havo referred ; at the same time, thateach comeeey preserves its individual powers, ooatrol, "Wie have seen that th hange of f mail e bave seen that the c! of 3; m of m: contracts will save to the peo; a che United States, through the Post Office artment, in one hundred yeare, $967,674,470. It do much more than Fal gas i yrreg: tae proposes to eo, will not ®@ charge upoo treasury, for inasmuch as the system provides a sinking fund out of the present disbursements, which pays the principal, it will be as much # crea- tion as if it were California gold. 1t will not only be so much saved to the government, but it furnish a basis of banking on the principle of the free banks of New York, which have now been in operation for many years without the loss of a dol- lar to the bill holders; and it matters not whether it be so used by the 1 ailroad companies or by others, the effect for will be the same. It will create i id up manufac- estic in dustry, and furnishing the means of enabling our agriculturists, our planters and farmers, to retain their cotton and their corn until the British con- sumers will be compelled to come here and purchase it at American prices, instead of buying it, as they now doin Liverpool, through British agents, at British pris, Under the system proposed, the American bank- or who deposits these bonds as the basie of « bank ion, will roceive the iaterest on nis bonds and on his bank notes. These together will be at least twelve por cent per annum; but as the pay- ment now made to oad companies is six per cent, the change of system will be entitled to a cre- dit for six per cent compounded, and at this rate the saving will be, on the Grat issue, which in 12 years will . ms 100 t x Aa tho expenditure for transporting the mails will increase as the eystem of railroads is extended, We must credit the system with the savings on the roads hereafter to be made, as well as on roads vow in operation. Lf we suppose that the system will be extended s0 as to increase the expenditure for ferrying the mails on railroads, at tho rate of one bi 4 thousand dollars per aanum, the saving will be at the rate of twenty millions of dollars for every period of twelve yearr, and the compound interest thereon. The account will then stand thus: the saving will be to the United States Ureegh the Post Office Department, as before stated, for the first 33 years.... $20,000,000 For the neat 12, or in 45 yoars 60,000,000 psd “ 57 yoars 140,000,000 bed « 69 300,000,000 ped 9 Si years 000.000, “ “ 93 years . 260,000,000 2 ed 100 years. . 38, 26,000 Such would be the saving to the people through the Poet Office Department, on the present systom of expenditure for carrying the mails. If we spply the same rule for estimating the profit to the rail- road —— or to those who use the bonds as & basis for io g, it will be found that the acoumu- lation will be mach more surprising. Thus, the first issue will be twonty millions, and @ like sum, ty twelve yoars. These sums, per cent per anoum, domi-anu will give, the first issue. . $20,000,000 Andin I2y oe 60,000,000, “BA yea 140,000 900 “96 yours 300,000,008 “8 years 620,000,000 “60 year 1,280,000,000 “ 72 years ,000,000 “ S4 yoars (96 year « 100 F If we 206, oo the Post 0; tment, we will ¢ De} $14 545, 470,000 to the oredit of the change of sys- tem proposed. not there sums startle you. | beg youto rua through the calculation as | bave done, and you will be satisfied that, enormous as these sums a ir, it | is, indeed, not a moiety of what would, in ae the beneficial by influences resulting from plan proj . It would create railroads, build up mani » Create wealth and incalculable resources, by the stimulus it would give to the pro- 5 eyes beh) couatry. To a ‘South aad indispensable, as a means of exchangin, their Wwerproducts ; and this it would actone ish, not by one great mammoth benk, concentrat- wae ce eeare eae regebateg te peas ent a | tracting the currency, but by so beige omy organising tho business of * ® Soly adequate to the wants of currebey deserving the public confidence, and not subject to the control of British intrigues or speca- lation, and therefore free from the pressure of the eorews of the Bank of England. Yours truly, Derr Gagan P S—I have some ‘otber faote equally deserving yc ur notice, bat | reserve them for saot) Ys pore peg 2 ory vn ama The great telegraphic controversy, in whieh Mr. plication of clectro-magnetiam for recording intelli- gence between distant points, has attracted the se- Tious attention, not only of the legal profession, bat aleo of the public at large. novelty of the doctrines propounded, the of the interests involved, and the interesting character of the in- quiry, all unite to make this one of’ the most im- portant legal questions of the day. It will be per- ceived that this controversy involves the very prin- ciple and foundation upon which our system of petent laws-hes always been supposed to rest. We do not propose to go into the merits of the respect- ive aystems of Bain and Morse, nor to asertain whether the former inany matterof «detail infringes upon the rights of the latter, but merely to exam- ine the broad grounds upon whioh Judge Kane has recently decided in Philadelphia, that an iajunction shall be issued to prohibit the use of the privilege conferred by Bain’s patent, granted April 17, 1849. If we read Judge Kane's decision aright, he holds in effect that a patent may be obtained for an art in the abstract, a0 that Arkwright, for example, could bave taken out a patent for the art generally of spinning by machinery, and could have monopo- lized or prevented all future improvements. [t has, onthe coatrary, been always understood that no one could take out a patent for anything beyondthe mode, . machine, or manufacture fully described in his spe- cification. If this limit were not imposed upon the patent system, the largest and most unbearable monopolies would be created by the grantof patents for arta in the abstract, and the patent system which, even in ita modified form, has, in the opinien of many, done more harm than good, would inevi- tably excite so much dissatisfaction in the public mind, that the patent laws would be repealed alto- gether. “Such a doctrine,” says Judge Woodbury, inthe great telegraph case in Boston, “would discourage progress, rather than encourage useful arts, as the constitution wishes te be done, by granting patents. It would, after one invention as to Se same subject, or same ne of art, halt and bar all farther advances on same subject. It would petri! neyae as it stood, to the great loas of mankind, and in derogation of both private and public rights juman im ments aad human powor. It would also render thefirstimprover @ monopolist, and oxciude the exercise or reward of farther genius, acienoe, and labor in the same line, however useful, and however much needed beyond whst has already been accomplished. But limit the doctrine, as we have done already, to the particular im; ent: made, and the patentee of it is allowed to protect that improvement, as he ought to be, if b his own invention, his own property, and the fruit of his own exertion, though, of course, it does not protect, and should not, a monopoly of what else may have been invented by others before, or may be invented pA wd afterwards, on the same subject. The chief care must be, while allowing others their rights, to shield his, and not let others claim or use his method or improvement, colo: or fradu- lently, but cooly use what is substantially different. (Elect. Tel. Comp. vs. Little, et al, 34 Lond. Jour. of Arts, 130 It is clear, bagoed a doubt, that, long before Mr. Morse turned his attention to the coke, of tele- graphing by electricity, the art of conveying intel- ligence, by.means of the electric current, hail been extensively known, published, and practised, ta many ee of Europe and this country; but the batteries were supposed to be too feeble for long distances, and capitalists could not be found to sup- ly the means of — long experimental lines. fore Morse succeeded Congress to supply the necessary funds, thero was a, host of sci- entific men engaged in this country, as woll as in England, France, Germany, and other ts of graph.” They lavented, published and pat tn pres: graph. y invent a prac: tice, various ingenious ‘modes of coasting intelli- ey by the ic current, a summary of which is set forth in Judge Woodbury’s elaborate opinion delivered at Boston; but it was found that aid of the public purse was required to bear the exponse of the censtruction of a of sufficient length to demonstrate the practical value and importance of the discovery. Assoon as this line was built, improvements, of coursg, were made in matters of detail, by which rapidity enough for purposes of business was obtained. When Morse obtained bis first patent, he only claimed to be the inventor of a now and useful im- Pp Ovement in tha mode of communicating iaforma- tiom by signals, and by the power of electro mag- netism ; but some years afterward, presuming upon his popularity, he began to enlarge his claims, and the present litigation is the result. In , four years before Morse had even heard of tole; ‘ing by electricity, various successful efforts been made in this country, especially b; Harrison Grey Dyer, an ent jing American. [t is oe dispute, that in 1825 he coastructed a tele- graph on Long [sland, on the race course, by wires on poles, and using glass . He used com- mon electricity, and but one wire, which operated pa spark, mane through coop ly prepared, so as leave a red mark on it, ss into the ground without a retarn circuit. e difference of time between ‘ks was, by an arbitrary alphabet, to signif q. ifferent letters, andthe paper was moved by the hand while the telegraph Mr ey machinery was con- templated to be introd: for that purpose. Dyer could not contro! capital veh to have a leng line be! aa Hod no ayia riends in Congress to induce ly to su the ani means re- by ae Various ‘thor Rese td aoeal pee up in iflerent parts of Europe before Morse filed his caveat—amongst others, Steinhvil had, at Borgen- hausen, an clectro magaotio te! ph half » mile long, on poles, which made dots and short marks on aper. ci Long before this, viz, in 1820, Oersted, the Danish philosopher, discovered that a magnetic needle, at a distance, might be deflected by a gal- vanic current, and thus mark information by signals, | Bull which, as Judge Kane says, “spoke to the eye for | the moment.” In the same year Arago, Ampore, | and Sir Humpbrey Davy discovered as much as Oersted had ese discoveries were all published. Here, then, we have the art of transmitting in- telligence to distant points by means of the electric current operating directly, and also by og mo | tion to certain machinery. Thus, the electro- telegraph art olearly was not invented by Morse, but be uses the means thus devised to produce marks. This is now claimed by him to be a new art, but we should only call it an improvement on what be onlis it himself in bis patent. Bo this as it may, it is not pretended that he was the first to produce intelligible marks by means of the electric current, for Dyer, for example, did that; but he had not @ letter for each word, nor i contrivances to secure the necessary is claimed that others had made di phores that spoke to the eye for the moment. | evidence, however, was that Stoinheil, before | July, 1837, publiehed a description of his recording | telegraph, and staved tha: it bad been in use be- | tween Mupich and Bergenhaaseo for twelve months, | Steinhetl bad there an electro magaetie telegraph, | baifamile long, on poles. This made dots aad sbe rt m on paper, and preceded Morse’s caveat. | An alphabet was used In 1837, Alexander formed ap olectro telegraph, by which, through signals sctnewhat like !louse’s, he communicated and spelt out, at a distance, the word Victoria. ladeed, this done earlier, anda key board was used, and letters on cach key, like House's Cook and one used a deflecting needle, which pointed it ia vet pretended that the ideaof transmitting intelligence by electricity originated with Morse, or the application of electro magnets fer that purpose, or the making of marks+n paper by that power. Even the patent last issued, in [948, on the spe- cifications amended s second time, is re new and wsetul im ment,” which is defined in the claim to be the use of the motive power of mag- netism, as set torth im the deseription accompany- ing, ‘* asmeans of operating, or giving motion to machinery, which may be nsed to imprint signals upon ror eases ceabte seateial, oe te precace sounds.” The patent was not granted for the “ art ot recording =, by electricity,” nor even for tecordirg ** signsof letters” by ail the means of attaining that object, although the last cisuse of the cleim embodied in the patent lows: ~** | do not propose to limit myself to nety, or parts of machinery descri going specification, ard claim the essence of my ihe first form of the electric telegraph, and this is | a ? # H Le rhe t itself. granted for an art, for theword art" i of Kongpons, bet | u ey tnsleted that it cont fon af to what was Nye at of 8 iF “In order to ascertain whether Morse was the original inventor of all which he claims, it will be Bece: first to examine and settle how much he does claim—that is, how much is embraced in hia ‘Poet lp enulty is'mbade somewhat cofplisated b “ uiry is made some com, bis baring taken oat ive Seon “patents Kd the subject of electro magnetism use in tele- grepbe, and having renewed one of them twice aad other once, and having the first pa- fo by a caveat, describing its character and ox- ten! “But what he claims does not seem material im this case, except to set ferth in the first patent aad its various renewals. “{ shall, therefore, confine my enquiry to that, though the others must at times be adverted to, the better to understand what was meant in that. “As represented in his letter to the Treasury De- partment in 1837, Morse says he had been attempt- ing, sinee 1832, to make elestricity visible at ods. tance by signs, intelligible and certain, so as to | communicate information. (Sve it in Vail’s Hist, 152.) And in his caveat of Oct. 6th, 1337, he claims to have ‘invented a new method of traas- mitting and rece intelligence by means of electro- magnetiam. » in other words in the . same instrument, ‘a method of recording perma- nently electrical signs at a distance He apecifi- gation filed in 1839, April 7th, is much the samein , oo erolloni like idea in 1840,4in his first ‘ollowing up a like idea in ie i tent, he claims fa that to have imate “cai s ‘new and useful improvement in the mode of com- munica’ information by signals,’ and by the read or ctro magnetism. (See first patent, June 5 ) ‘Such is in substance the title of this patent io its original form and under all ita renewals. “In bis last specificationsin 1548, he claims to have invented merely ‘ a new method,’ or ‘a now and useful spparatus for a system of transmitting’ in- telligence, which puts in motion machinery for pro- ducing signs, and at a distance recerding said sigas. (See last renewal, 13th June, 154>.) «From all these, standing by themsolves, it would seem manifest, that he makes no pretension to have invented or discovered any new psciones in physios —or to have discovered the old principles of elec tricity or galvanism ‘or does he to have invented or discovered any new cee in mecha- nics—like a mew power, resembling the lever or sorew. 4s little would any one have supposed that he meant to claim as his invention and as now—tho application at all of electromagnetism to the pur- pores of tele, raphing at a distance, whether by making incilig le marksor there, or in some other mode—if it had not been for some remarksia one of his letters in 1837, and some words in the Sth clause of his last specification, and the ground taken.in the argument, recently, by hia counsel. “Thus. in his letter, in Sept. 1437, to Jackson, he seems to have believed he had some claim to this discovery, _ mas Ler oiee it— ba = suggestion of conveying intelligence @ ty —as well a1 fp the invention, wi-eeaa sale ‘the devised mode of doing it.’—(79, a Ev.) “ Yot not! of this is believed to be inserted ia any of his official documents, till 1343. “In bis last renewal, in 1845, there are i for the first time, some changes of language, some tendencies in part of thom, as asin some of the arguments, to make the claim broader, and, as in the letter just quoted—to cover all appli- cation of electro. netism, if not of electricity to convey intelligence, or to telegraph to a distance. “But as late as 1846, so far from claiming the dis- covery or invention of any new general principle oc art, and asking a patent to protect himself in the exclusive use, as inventor of all felogzenhs 4 cleo tro-magnetism—he asks for protection of ealy hig own improvement, his own method, bis own tus. And he scems, in his last specifoation 8 to regard as the great excellence and novelty of his invention, that it the at one which were sent at ¢! ry ee ted inte English by tote them, inte 4 means of his aise alphabet ; and hence there styles it a * or printing telegraph.” When there, for the first time, he a also of ‘the essence of my invention being use of the motive power of electric or galvanic current,’ “bor ir developed,’ ‘ for marking or printing ia- telligible characters,’ ‘at any distance,’ ‘. new epplicationof that pewer of which I claim t+ be the first inventor or discoverer,’ he must, by ali before said and done, be considered as claiming it ia the ferm of his application, according to his ma- chinery, and in the modes he had described in 1357. 1838, 1840 and 1846, rather than in this succeeding clause of 1848, and by it intending to cover the ap plication itself of electro-magnetism to telegraphis 8, in evel ble form, Otherwise bis Foaewed patent ofl must be as wid fer claiming too much, and for to protect @ mere principle, or effect, ‘however develo; ’ without reference to any method desoril by him, and totover « principle, also, before known. —( Hag= vey Ev., 2 ) ZBat limiting the patent to what is described ag his method, or mode, and considering that in hig first claim in 1845, he disclaims such broad views ag appear in the eighth claim of that date, and ox- pressly says, ‘1 wish to be undorstood that | do net hoes the by + Boe: Caster Segragine current of electricity, for jurpose i¢ com: uni- cations Grasanlly,. ban @ new mode of using it, to move machinery, to it signs, &c. as described,” all is consistent and confined substantially to the mode he sets out in his specifications, and in hisowa testimony in the record, (p. 49) “What he thus sets out is the subject invented. «*What is to be protected is not an abstract or ido- lated principle, but the ombodiment of a principle into @ machine or maoufacture, as described in the specification ; and it is the inventi to that embodiment or reprosen' which aie of Con; KR. 27 178; Hindmarsh, 197) Because by those laws, the inventor is not to be protected, unless he de- soribes Creed and fully waat he has done, so thas, the public may copy or imitate, and use it after his term expires. rm «That is the consideration for the exolusive use dure ing the period of the patent, and paving Cais, pre vents the patentee from claiming afterwards more invented when his patent issued. (Wob, and |) & E. 100, 2; Curtis 9198 he does not, or certainly whas ia the misty fusure he cannot deseribe, he must be pre~ sumed not to have invented. (2 Hon Bi. 482) “As this broader claim goes far beyond what have already seen was that made in (he caveat, in the first specification, and in the original patent, | as weil as in all the subseqaent rene wais—as it com fliots with much of the language in this vory last renewal—looking only to a new method and a more improvement on what existed before; aad as he seems to disavow it in his own evidence (49 recerd); and «s,on every thing in the case, it is at least questionable whetber he could have imtended to tent any thing except an improvement on before existed, 1 do wot think ut just to place @ breader censtruction on his language thaathe whole tubject, matter, and description, and nature of the case seem to indicate as dest; “These are all to be looked to; and no isncied construction, travelling too far, ons .e# and doubt- ful ground, is to be adopted—but rather what is natural and clear, considering what already existe on the seme omy oe (Haworth vs. Hardoas ‘Webst. Ca. 445; Duval vs. Browa, | Woodb'y Minot, 58, 58; 6 Peters, 218; 1 Stor. R, 272, a 5 2 Stor. R 164; 1 Loamen, ae = readily adopt this course for his o such Deecaae view might subject his patent to bs considered void, both for claiming too mueh, ead Iso the ntion of & mare peas. claiming too ay ke aes ~4 in every way, of electro When this, as will be seon hereafter tl of this senior sae is sworn to by @ number A highly intelligent ox, had known nga Bap for years before attention to aa J e Ev. 76 v.; Prof. Har 223 5 Re Jbann this fn bis vestimong. ie in testim: “Others, no lees than invention being the use of the motive power of the electric or ivante current, which [ call electro ma, , however developed, for marking or printing intelligible characters, 5 of letters, at any distance, being a Dew ap of that power of which | claim to be the it inventor or disco- verer.” Judge Woodbury holds that this clause, if not controlled by other of the instrument, would make the renewed patent of 1843 void, for claiming too much, and for wishing to protects mere principle or effect, ‘however devol "aad witbeut reference to any method de: by him, and te cover a prinorple also before known. Judge ay, hypeseeen | itr he *Yot ie , tor e of argument, that Mr. Morse’s | invention is nated asa new art, and that he has it to tent it accordingly, by « compliance with all the re- quisitions of the statute, it ia mill contended, aad he bad been successful in the use of for that purpose, aad wished te secure new method of doing it, he wasat liberty, in point of law, to take outa for thas aow mode, but for nothing more. ( jonry’s Ev ) : ie came into the world to late tor truly olaim- ing much as new. pegs oem thi ded him. ="