The New York Herald Newspaper, December 4, 1851, Page 8

Stel ‘= UMENT NATIONAL DO ‘The Report of the © sions. Prnsion Orrice, Nov. 20, 1851. submit herewith the annual report, exhibiting the operations of this ‘tment for the past year: — In view of its prominent im ‘at the pre- sent time, I commence with t ogress made in the execution of the act of 28th g ‘ber, 1850, “*graating bounty land to certain officers and sol- ders who have been engeged ta engaged in the mili sor. vice of the United States.” The act b had been in about two morths when | took charge of bureeu, and claims had been filed under it ave- raging about eight hundred and fifty per day. The force of the office wae barely suffi: to dise’: - bo employe Temi ine pal ead tag bea el em under the act ot 2 hens "No legal prevision had been madefor the prompt despateh of this oxtraordinary increase ef business; and hence when these claims were re- ceived they were deposited in a room meeriaed, for the purpose, until arrangements could be made for their examination. Thousands of claims bad thus accum d when I entered upon the duties of the office, and they continued to increase until the receipts were sometimes upwards of fifteen hundred per day. ; * It became necersary at once to devise a suit- able system for disposing of this mass, to pre- pare forms and books of registry, and to commence tho issuing of certificates as soon as the same should be engraved and printed, as ordered by the depart- ment. Nearly all the clerks emplo; in the ser- vice were new hands, unacquainted with the busi- nea, and hence some considerable time elapsed be- fore it could be fairly under way. The certificates, or warrants, were issued about the let of Febru ry; but in consequence of been effected series of ts . Oy, precedent escaped @ the jus and humane pro- dants, have, from time to time, been diverted their old channels and bestowed upon recipients not ally coutmnriates. In like manner it may be we uestioned wi r the early legislation in be- | Dalfot the families of those who were alain in bat- tle, or in behalf of survivors disabied by wounds or cee ere (ever beyond i eel cons! jotion its a | Sibny od auige.” Whatever difference of opinion may exist, however, upon this subject, there can be none as to the necessity of enacting more efficient regulations than now exist for the prevention and punishment ef trauds it the governwent For the present, I rei ly suggest the revival of the Leroy roan 1819, emeee. AR pet re- gulati tl ments to invalid pensioners,” which I Letiove was incautiously ay orga? an act of the 14th July, 1832. The law first referred to required invalid pensioners to be gree two surgeons or physicians, show comlinued, £8 well se its degree. Is is believed that the revival of this act before the next ey semi-annual! period of payment would rid the pen- the seoniiehle Sate. eaten aie ee sion rolls of Easy who were placed there for disease ‘became exceedingly voluminous. Many ef { contracted, especially in the war with Mexico, and the claimants were aged, others in reduced ciroum- stances, and all anxious to avail themselves of their country’s bounty. Notwithstanding these impedi- ments, and others which might be mentioned, nearly one hundred thousand claims have been re- istered to the Ist instant; upwards of seventy-six Rocsand have been adjudicated, and more than | fifty-four thousand warrants issued to the same riod of time, being nearly al! the cases pasred { the o: ing clerks, which were ix proper condi- | tion to-be allowed. Up to the let of November, about one hundred pad Sfty-seven thousand cares bad been filed, leav- | ng. after deducting such as were fully or Hy acted on, upwards of eighty thousand still to be econstdered. ‘The suspended cases (about twenty- #wo thousand at the time mentioned,) require much ty | who are now rest to the enjoyment of sound health. Insuch cases it is more than doubtfal whether any authority exists in the office to strike from the tolls, unless itcan be clearly shown that ‘be pensions were originally obtained by fraud That frauds have been of common occurreace in recent be) penpspsoo' has been ence by the investi- [ery an agent in some of the Western States. ut of 102 cages examiacd in one of these Siates, 36 only were found entitled; and in another, out of 129 cages, only 31 syplents were deemed sufficient- y disabled to receive pensions. 4 Frauds, however, are not confined to any partiou- lar branch of the system. The various acts found- edon revolutionary service have been fruitful in furnishing facilities to offenders ; and some new on- actments, for their more certain detection and pua- more labor than the same number of ordinary | ishment, seem to be absolutely necessary. claims, and give rise to a heavy correspondence. | a further lustratic n of the progress made in executing the law, | have subjoined a tabular statement, brought down to the date of this eect. together with an estimate of the probable condition of things on the lst proximo. til thus be perceived that in the short period of er ten months, nearly as many cases have been adjudicated under the act of September, 1850, as the aumber presented for services in the Mexican war, and that a very large proportion of warrants bave been issued. soa number of — filed under the act of Lea ded for various ca Siueethe lost annual report. been iseued for services in the Pecoasarily required much ti: re and attention, most of them being suspended cases. Much labor mployed in the examinations neceesary to Pr @ issue of more than one warrant to a claimant under both these laws licants filedseparate a vices in the several Indi IS!2 So long as the regimental tgies wore in arrear, (here was n0 sufficient check to prevent this evil, and hence, in some cases, two or more warrants have been issued to the same person for different services. Those pong howover, havo been brought up to date, and are now kept so; end most of the second issues have bron prevented. it is scarcely necessary te add, that in cases of er- ronecus issue, prompt measures are adopted to pre- ‘vost injustice to the governm: ‘The passage of the act of September, 1850, having induced inquiry into the rights of chose who 2, many just claims for that been brought to light. The nume- rous examinations necessary to decide whether claimants under the act of 15%) bad received Or wore entitled to bounty for services im the war of 1 bave materially increased the labors of the Latter divi in this office. Ninety-two warrants ove been issued in the past year, under the actsof 24th December, 1511; ith of January, 1812, a1 10th December, I514, and there are now 450 su pended claims under thore act Thus it will be seen that since tha last report from this office, there have been issued under the bo of 1811, 1812 and Is14, ginety-twe warrants, to 56 warrants for 100 acres each smouatiag to ws 40 : In_mapy cases lications for their ser- cAeres. | 8,590 1440 | 1 « on) Under the act of Lith February, 1547 | 5.026 warrants for 160 acres each. amounting to. 484,100 | } ee, . Sean | 0 jor the act of 1580 to Let Nov 1361 9 90 warrants for 160 acres each, amounting to.1,508 400 | 19 943 « KC “ 1565400 | 24.008 “ o ¢ - ET | —and 63 certificates for $110 each, in lieu of 160 gore, and 2 certificates tor $25 eucd, in lieu of 4 aores | In execution of the act of 1550, amendments have pccasionaliy suggested, to some of which it ‘ot be Ymiproper to advert in this report. No has been ode for flotilla men, and other who performed duty on laad, and who entitled to prize m To all such it foom to be just that the ould be extend- 4 well ax to those who were in battle or in actual conflict with the enemy, but whose term of service sethan # month. It is also recommended, in oases where an officer or i i ed, lemving neither widow nor minor children, talon should be made for the benefit of the heirs ment of persons t being doubted whether the aily provide for the pu: ntly iseue, or put in cireula- tion any false or forged land warrant or certificate, Gr shall forge the same, or in any manner, as principal or accessory, be concerned in the manu- | © ofsuch warrants, or procure the issue of the | the subject is respectfully recommended to | ut notiee now in forse PRNSIONS The paper marked A, contains | tae number of pensioners on the States and the List: of Colambi ing the navy pension rolls, wh a separate and distinct commanication. | From this statement i are that the whole number on the rolls is !¥oll—a slight dimiaution — paper B, shows (he number of pensioners | added to the rolls rince the last annual report; and, | f returned in the same pe ant ( il), exhibite the number of pensioners who have been paid in the first and second quarters of the yoar 1551; and the papor marked E, isa from the books of the | Third Auditor, of » the hands of the | several Pension Agents at the date of their last he whole amount expended for pensions during the year, ending the 0th September, ix, as | far ye be secrisive $1,409,505 In order to prosent the financial branch of the pensii tem io a more intelligivie form than the m materials in the offic if can fi that suitable fully sug, pro made for auditing its accounts under the immedi- ato supervision of the head of the bureaa. REVOLUTIONARY PENSIONS The whole number of persons pensione4 under the act of 18th March, 151%, is 2),4%, of whom 1049 yet remain on the rolls, and 516 received Pay, ments during the first and second quarters of t present year. There were only 1,) rsons pen- sioned under the act of 15th May, Isz4, which was oovfined in ite operation ‘0 officers of the old conti- Beutel army who rerved to the end of the wi nd to soldiors who engaged and served for the period. Of that number 128 only remain on the | rolla— 49 of whom were paid in the first and second | ge of the year. nder the act of 7th 382, the most comprehensive and liberal ii visions of any which relate to revoluti service, 32,956 have been adinitted to the rol whom 1,413 now remain—and of that number 2, wero paid in the et and second quarters of the year, as will appear more fully from document marked D. ql WIDOWS OF REVOLUTIONARY EN ‘Tho number pensioned under the act of Hb July, 1396, ia 6,068, and the number now on the rolls under that act, and the act of Zils July, 18%, is 2,774. Under the act of 7th July, 1558, 11,19) i who married prior to Ist January, 171, were ontitied to Ave years pensions, but of that ber 156 ee Tones in fall i “hs 4 two quarters of the prese \° ber peasioned under the act of 2d February, 1445, during life or widowhoo are now on the rolls; the number pensi: Cader the act of 20th July, 184%, which extended the period of marriage to 1800, is 860, who are still onthe rolle acverding to the returns Poonsiet ors naw o0 the rolle under The number of peusioners no 0 ibe egvers! invalid acts, is 6,308, being an iecrease in 5,790, of whom 4,294 | LATMS. The half-pay claims examined and allowed since | the Ist November, 1850, under the act of Sth July, ) 1 amount to the sum of $41,190, inclu | $5,280 04, the ameunt of two claims ad- justed by the late issioner. About twent; cases, after careful examination, have been disal- lowed, either from a defect of evidence, or because bot embraced by the act of 1832; and half of that number have been suspended for additional proof, ci atthe request of the parties interested. few only, suppo: on pai examination, to have any validity, remain to be actedon. A num- | ber of commutation claims are on file, but, in con- quence of a prohibitory order from the Department, have not even been considered. | Teamnot forbear to urge the importance of such a re-organization of the force of this bureau as shall, im seme cases at least, secure a higher compensation for services rendered, and a more just regard to the ov sations required. The present salary of the | chief clerk I particularly recommend to your no- tice, as altogether in uate. In other bureaux, officers of the same g with duties, I am sure, not more arduous or responsible, and certainly not more important with reference to the public in- terests, are more liberally rewarded; and I do not doubt, if the subject should be presented to the proper authority, it could not to receive the most favorable consideration. Ihave the honor to be, ys. obedient servant, J.E. tfally, your ATH, Commissioner of Pensions. Hon. Alex. H. H. Ssuart, Secretary of the Interior. The Star of Europe ts Kossuth, When thraldem pressed ivs iron hand ‘To seal our freedom, ase tom), Like lowering cloud, with dismai gioom ‘To shroud the besuty ef our land— A meteor rose—as Freedom's sun, Before whose might its vapors cured ‘That was meteor ‘Wesiaingtoa, Who back to Europe thraldom bur.ad The fun shines brighter when it ets, Retleeting glories in the skies Bo nations who bless'd freedom prise, Fear not the tyrant’s bayonets. Yor what Cc for ages past, A — crushed will rise egain £0 Freedom sball pervade et last, And derpota vile no longer reign Now Europe is, a4 was our land, By despots wronged—be theirs the tomb; Best happiness takes place of gloom. Azd Europe's hordes in freedem stand And such sball be—fur Freedom's sun— Reflected from this land of trath, Hath risen, like our Washingtoa, As Europe's star—Ludwig Koroath.| Hail to the Magyar! Hail to thee Kossuth the glorious 4 Thoveh Tanquished: thou ell art vistorions $® copquercr with chaplet | om I wing, For thy foot's om the neck of the Aer rm Though « refugee now, yet thy battl Yor Albion bath spoken—Oolumbia ‘Then hail to thee, Ko Brave chieftain | with welcomes we meet thee Great Magyar with honors we groet thee Thine heart is fled full with aspirings divine, And tay soul ls devoted to gly y Dame uy * pale on bis throne, And bis blood for the blood of thy comrades atoue Then welcome ' thiiee welcome to thee! Stand forth | thou great, uncomquered nation’ And with ene deep and vast acc jon, Which as incense shall tpward to heaven ascend, Greet Kossuth the hero! thy guest aud thy friend And base is that caitiff, « nurseling of shame, Who rays not “ Amen” to his praise and his fame. hail te thee, Kossuth AL bail! ‘The future is visioned =I see by ites Light. ‘The Magyar re risen in glory and mnght ‘Their banners Scat free on the breezes of And their swords once again to the sunlig’ And the Czar in the north the free netio While the Austrian is crushed by the sword of the ‘Then hail to thee, Korsuth All bald There's a sbout of acclaim from the nations Old Europe rocks to her foundations Yor Hungary's cause is the cause of mankind egper | Ite deeds sball go forth om the wings of the wind. And the Pole shall arive and with blondy discussion Re wrench bie loved land from the grerp of ‘Then hall to thee, Komath A) December . 186) K ny Give the Maggee 0 wk me ye sone of the free life le devoted. O Freedom, to thee he hero that comes to her biood purchased soil, Where no king can enslave, end no tyrant deepoil. Give the Magyar a welsome with beart and with band, Where each man is a monarch who lives in the land | cuit Court from Let bim feel that the flag whieh floats o'er bim ip pride, | Wraps the brave in its starry folds graceful and wide Though be comes not in pomp, though he comes not in power To be gnaed at by crowds for a brief pasting hour There's» baio around bim, a spell in his name That may yet the down trodden of Barope in Though he bears not the drum and the bugle of war, Let the winds waft the sboute of his welcome af They mi ke the hushed spirit of Freetom And ber songs be Te echoed on mountain and plain liard on Hupgary * neck reste the Autocrat's heel, Her peop rurhed and be Ob’ why ite of the Perjured monarchs may prate. The rout millions with right on their side ‘Vike the drankerd But where. where shal’ com Sooner waver of the ceean their murmurs may ovase Or the tiger, in metey. ite victim release Ere the despots of Burope would slacken the your Till shivered to atems by Freedom's bold «troke Then welecme brave Konsuth, ye favored of earth He fought like your sires for the land cf his birth May the flame that he kindled unquenchably bura, Until glory avd bonor eball bail bi: retarn City Intelligence. Fines --At noon. om Bunday.® fire broke out in the stcam sawmill. at the foot of Bighteenth street, North river, belonging to Mr. Wm jennies The building being com of irfemmable material. the Samer read with fearful rapidity—several of the hydrants im the vicinity beimg out of order the firemen had some heir thrones be when freemen Aiffcnity in bringing the water to bear upon the flames The bullding. machinery, and contents, were entirely destroyed ewe t $5,000. and no insurance = The | Gre, no deubt, wae the work of an incendiary, inasmuch | ax the engine hed bem stopped and no fire hed been | ured im of about the building eines lest ‘The police of the Ninth, Sixteemth, and Bigh wore immedi he ground. and took charge of the property, wht attered around About bait. pest four o clrok on #ur day afternoon. ae & men vamed Andrew De of No 108 Caril treet \ friend. in siy ‘jured by the fall, burthe have been broken ward contre; ed bim to the ste ot d by Dr Fill hie n the part ot the | Columb! made the thus composed, and if House would not bave bread “sg of it 4 i i 2 I ¢ by his it; for House’s type is r applied to machinery ; but sists that be was the first to conceive the idea of per- mane: marking inte be sould bave a pate for he bas obtained such a patent seen that be i. ral_particul cord intelligeno by he could have» although it was not even for hi ks of is thus set forth by “If we whether House infringes words, whether the princi be unlike assistant in workin; ker on grocer till are them seem to be on to give scientific On the other hand, and that two machines are — includi: ented men and some of them a! ve clusion that the principle ent. Ev. 307, 97; a; Reynol several of them express & of as % iy iv. lip’s Ev., 303, tnd, 106; ite results are in quire no translation ; its 6 and it isnot so tiable to mi inventions which ee from former modes better results, such cil, the bot blast ra wed in making sugar, making cloth, &c, 1; 1 Wood & Min. 1 Peters C. C 3%4.)” Heaking of nce b: ir the i specification of the modus for. Yet Morse thought tha: all, twelve or fourteen in oan ry of the two is wholly diffe ‘See Borden, Ev. 8a, record 2 a; Harv oe 200; Channing 4“ rr oy - Byrne, Mo, 201; Avery, 19; Barrett, »” (Borden’s Ev., 7@;) avd decided Tit, 2 Lindsy, $11; AD ppt roe $ o ed in action is lectricity; that irrespective of perandi, Ye have already learly wrong in all these threeseve- | | that if Morse was the first to re- | lectrioity, by si tent for the ex ouse’s patent, marking signs Pe le ters at all, but letters themselves, was an infr ry: ‘oceed next to the opinion of export Ki on Moree or, in ty meohins & remarkable 1 himself is the other way a gentleman, not educated a to any branch of science, but having thi information of a man liberally ingenious min j (Prof. Silli- 345 (Foss’ Ev., 134) House’s machine; and experts, such as usually ‘ions rather than mere facts. the principles of the @, are numerous ex- some of the most experienced and this line of science in the country, tical men. They unite in the con- vA Ev. 88; Chilton, a, a; 404; Gould, 68 quill jibbard, opinion th House's is superior, some think as a work of scieave, somo ag to its , 4 ews 109; Though more com- man letters, and re- reater, es in tral ing or construing and . Many of the patents SEs cen unl Hoh alight Id are such slight ‘or machines as to be tested in their material diversity chiefly by their as the flamo of gas rather th: ther than tLe geld, charcoal jot water in place of cold in ¢b. Ca. 409; 5 Mason ¢ ,Devol vs. Brown; 3 Wash 1 In another part of his opinio: the learned Judz, the difference between Morse’s an e—*Morse’ Operates rapid|, 8 of hierogiyphi: atenog- rapby, which bas to be traameees tate Beene: House's moves much faster, and at the astonish: rate of ery, in roman letters. | hining yas woll as 0 BY Eto! or 70 strokes or breaks in at once records the information, cS ond, own ma- ives ‘ let- letters.” » b; t literally ‘lightning of Morse, in one in its tracing or writing, is tseaally ire,» to its mode of recording, from that o' depends on machinery and devioes original in Morse; whereas, House does not copy this, either in form or iD it records it an When bain applied for his P Moree, not on the ground claim monopoly of all the, bi on by ground that ut upon the it 7 Bain’s, and bad E }, 147, a caveat for House's, and patent, it was resisted of bis prosent absurd recording by Morse in the secret archivos of t ton. eneral, that Bain It was beld by the Actor alien, could not be lowed to prove that he was the inventor before the date of his patent, but that Morse might show that he was acquainted with the invention before that date, and thus sustain his caveat. Accordingly, M mm proved that his father had explained to bim the same inven 1816. A patent was Bain appealed, in th nm bel nted ode preseri fore 32th December, to Morse, whereupon ed by the act of Congress, to the Ohief ae of the District of t who decide patent, parties claiming ur ig the pri Bain woe entitled toa ich was granted accordingly, and now the der Bain are exjoimed by a © Cir: lege thevoby Thie is ove of the numerous asomalie: of the patent tan! and more speed the » by ‘Mo was actual! on chemically prepared paper, of the current. The absurd proporition _, a monopoly of all the made by the electric dreamt of by Morse, bis counse of Patents rival chemical telegraphe — iy refer apectiv the electrie ourrent to mak cally prepared paper, nor single line of conductor of these devices have rent, mi by the diree Moree ia entitied to nay be Was not at that time 1, or the Comumssioner But the latter ane bis opinven on the he invention, it will at at an early period patents for a of telegraphing ve taken out in lng bief Justice Cranch, on the appeal to him the following tis admit tted th st ne battery, the sirowit, the prepared electri was only & new com binetion of the rev: © produce # new reeult, of , thet either could then holde that entne principle ‘o-ohem ‘al parte, #0 old result in « bot atent a an! prod ‘ferent moans, without lotogference or id that | | distances ; for there is no | other men’s Jabor, from 1832 down to 1849, the date ‘ by the making of marks its was repeated on the 13th June, 1845, and on each occasion ho expanded his claims. On the 11th ot Aptis 1846, ha took out a patent for what he calls local circuit. He amended the specification of this patent en the 13th of June, 1848, ® re-issue, and on the Ist of Me 1849, be obtained w patent for what is called the | chemical telegraph, which is upon a system similar to that of Bain. Judge Kane’s decision on the first patent—he declines entering on the dis- cussion of the chemical telegraph. He holds that the patent for the local circuit was violated; but it is unnece: to examine this question, as tha decision upon Morse’s first patent covers the whole ground, and presents the great question of public tereat to which we have already adverted. The plan adopted by Morse was to make marks and dots, whilst most of bis predocessors preferred | a visual telegraph, the needle pointing to plain let- ters but arreep. ery mark. Aad thore is good rea- eon to believe that if Congress had made an aj priation to bring out that system, improvements would have been introduced from time to time, and the result would bave been a more le aes than that of Morse’s, there being great liability to errors in the use of the dots and marks. Moree armed the end of the needle or lever with | apin to make dots on paper. Dyer made marks on paper by a spark; but neither of those gentle- men could claim a menopoly in the use of the mo- tive power of the Lepage alvanic Legos cncoas | wurpese of conveying intelligence at legraphic inte ce fence that the inven- tion and Speneeen: of that power for such pur- | ses originated with either of them. Morse, Revever, entitledto the credit of obtaining from Congress a grant of money to enable him to build an experimental line from Washington to Balti- more, without which aid it is most probable that | other persons weuld, at a little later period, have bad the credit and obtained the profit of bringing | | into practical every day use, in this country, the art of toleniaenins by electricity. Itwas not until the close of the year 1843, nearly three years after — Morse obtained his patent, that he effected any practical result, alinonah in 1832, his attention was directed to the subject by Dr. J ee me | five years afterwards, Morse’s caveat was fil bas been cystomary, in some quarters, to give him | the credit of discovering all that was the fruit of of bis last amended and enlarged patent. | As already observed, it is claimed that Morse | invented the pin at the end of the lever or noodle to reake a dot ; alsc a roller, with appropriate machi- | nery, to keepthe pepe martny, Seas anes ic e oiphabet, and thac increased the power of the electro magnet. His claim to originality im all those several particulars is @enied ; but conceding it to the fullest extent, how does it follow that he | asaright to the exclusive monopoly of all the soeans of marking intelligence by electricity, what- ever may be the mode used, the di , and 60 forth ? Tage Kane says that Morse was the first to devige and practice the art of recording language at telegraphic distances, (what is a ‘lage ic distance 1) by any agency whatever. hat is here meant by “ language,” and what by ‘ record- ing?’ [tis not disputed that others had caused marks to be made on r by the force of elec- tricity, which were satel, noting the lapse of time between each ; but it is contended on behalf of Morse, that no one before him had made a mark as a sign for each letter, wherefore, no one “recorded language.” We have seon that this Assumption of facts ts incorrect ; but even if it were | otherwise, thon Morse would only be entitled to the benefit of bis machinery for making the marks.— The invention ot a strenegraphic alphabet would not, of itself, bo a proper subject for # patent, and the utmostextent of Morse’s right would be toa | patent for his mode of recording, which would include the alphabet. Any one usi different machinery to record intelligen id use the same alphabet. Here, we may ask, what right had Motte to usé | the o!d invention of the electric telegraph for trans- mitting intelligence between distant points, eithor by the dcliection of a needie pointi ridin se fe pon paper, LA noting the lapse of time between the making of cach of thuz answer is, because it was pub- lie property. Morse claims the exolusive @ that v.27 invention to produce other right wg that wc PY P marks, on the strength ot '# claim ee oy dered the first who attached a pin to °° ond of the levers making with it dots and dashes, to °° interpre by a stenographic alphabet, and introduce @ Toller to keep the paper moving while the dots and das*¢# | were made upon it. _ Why should not others be allowed to use the old invention, adding thereto a cess diferent from that added by Moree, and & different re- sult? Itis not asserted it Morse could prevent any one from using electro-m ism to present to the eye an intelligible letter, or but if@ man should press, with his thumb, a soft picce of paper against such a lettor, or sign, and take an impression, then, accor to Mr. Morse’s last expanded claim, construed on the widest ex- | pansion principle, bis patent is violated; because it i# construed to be a patent fur the general, or ab- stract, idea of committing to paper whatever in- telligence may be sent by electricity We can discover no reason for this enormous claim, unless it can be found in the following pas- page of Judge Kane's opinion: — “ Ifwe go back to theearly story of our race, and merk t) tages of its long and diticelt advance— from lan e, the first exponent of thought, to lot tere, its first record—and from letters to printing, | which first diffused ish alowi ’ | among men—and fri Pp the electric register of tho of sympathy over the intelli ing it throb simultaneously every where, as with the pulsations of one heart; who will say, that each tr on between these great epochs, that signal- ize the moral and intellectual progress of mankind, tbould } ot be marked by # memorial as stately, as the firet clipping of a cut nail, or the compounding of @ now variety of liquid biacking? of that the men to whom wo owe them should not be dealt with as liberally, or at least ae justly, by the State t” If any weaning at al) can be collected from this rhapsody, it is that somebody ought to have hada monopoly of the art of writing in the age when that art was fi ptroduced, and that the present age should be inguished by a “* stately memorial,” in the shape of a huge monepoly to Mr. Morse But the Judge :loes not show us how the authorities are to be got rid of, which decide that no one can laim a patent for the invention or disvovery of & art generally, but only for the manufacture to carry out the principle and reduce theart to practive = Thas, th entor of ‘the art of compounding a new 'y of liquid biackiag,” may obtain ® patent efor; but no one would ever have been entitied te a pa- tent for the art of making liquid blacking gene- rally. He eould only obtain & patent for the mode | which he had devieed and desaribed. Judge Kane | takes no notice, in any part of bis epinion, of this obvious distinction, which is fully enforced and | illustrated in the elaberate opinion of Judge Wood- bury, before referred to, and from which we make the following extract:— ‘The impr: priety of claiming a patent for the in- vention or discovery of a new principle, however important it may be per s¢, reste on the idea that the exclu@ve use of the invention, for aterm of years, is given to the patentee, ward his ge- nive and expense in making ention, and pointing out in his specification bo can be used eneficially, and the machine, if it can bea ma chine, easily made by ony mechanic for general employment. The patens in sack case, and must be in order to possess dity, net for the wciphe—but for the mode, machina, or m ciple, sad reduce it to practice ) Jn short, the pringiple thus becomes the modus operandi, and rests in the new mcde adopted to scoompli » Col tein reeulte. And though som ressions may have been used by one or two whic look ke @ saction to patenting a prineiple, yet they are of a principle in ope- t out im the spec . rom haste and inadvertea ve. he mochod, what use used in the abov mation, in the or are ured too ‘xcept for this vi would there be ina chino or method! patenting an art withow ilivetrated by a ma when of a charact hoa | onl sign of @ lottor; | # ; i : i i No lawyer ‘conversant with the it system could fre moment suppose aa Metomes Ark- wright first invented perfected the art te} RY this art pa ® patent for ” monopolized all kins future and different im- provements in that art. a the sonteneyi he eould shield no mode of the art but that whieh he had devised, used, and dercribed. So it has been held that a patent for cutting ice by human power does not pg any mode but that described. (2 :) So, though Woodworth first invented planing boards ty caddies, he could not take out a pens for that art, principle, or system, generally a& § thus either manseanise or prevent future improvements, when ak, sebend from his machine. But the whole effort of Weodworth’s assignees bas been to describe his cular mode of planing, go as not to omit anytl material, or to cover too much ; and no attempt is made te pre- tect anything connected with 1g by machi- nery, except the mode thus described, or what is substantially the same. from tie prant ot parents for esta paneraily, withoat fom the grant te I, Wil agen to ~ iatod invented by the ts mntee, are eloquently portray yy We will merely nla, by way of example aes working of such # system, that if any one man had been the invencor of the art of transmitting intelli- gence by electricity, by any means whatever, might have taken out a patent, not merely for his wode of exercising that art, but for the art goner- ally. And then, if his method had the lapse of half a minute between each letter or word, no other and better system could have been intro- duced without his permission, which might have been withheld at pleasure. \d the patent law, Not only does Judge Kane ex, 80 asto hold that it authorizes t! grat of a patent for an art in the abstract, but he holds also that a patent may be for » longer period than fourteen ee beyond the date of a foreign patent, obtained the same party; that the patentee may surrender his patent as often as he pleases, and obtain reissues ing his olaim from time to time, and even patent for an improvement on an old art may be surrendered, and another one be issued in its r | place, for the invention of am art itself in the ab- ion we are favored with v: little beyond the Judge's conclusions, and we fi that these differ in most essential particulars from those of other Judges before whom same questions have been litigated. But what strikes us as one of the most remark- able features of this controversy is, that without a trial by jury, and in a case where other judges had pee at conclusions opposed to those of Jad; Kane, be should take upon himself to issue an in- junction to prevent the use of a Amey! granted by the United States, and that r the privilege granted by the patent had been exercised for some time, without molestation, over thousands of miles of territory in the various States. The judge de- crees that @ great and important business shall be stopped immediately, whereby a and valuable pro ty is rendered worthless, the reversal of judge’s decision will not restore this loss. inj yn is insisted upon and onforced, although the bona fide question of title which must finally disposed of by the Supreme Cor and more than one judge of that court has intimated an opinion against the plaintiff. Contrast this with the ractice in the English courts of chancery, in simi) cases. the settled practice of those courts, where the right of the patentee and the ques- tion of infringement are not entirely free from doubt, the injunction is suspended until the right has been determined bya jury. This is a reasonable rule, preserving the common law te ing of trial by , where the witnesses are brought face to face stract. In the o ju) Be examined in open court, and it prevents hasty, crude, red adjudications, where ill-con: remediable mischief may be werent by the injunction. In all doubtful cases there should be at law, apd a final determination of points before the writ of injunction issue: according to the practice in Ju Kane’s court, whatever may be the deubts on fects, what- ever may be the opinions of other judges, and even if the acts complained of are done under a patent granted by the ern, and hundreds of theu- sands of dollars have been invested on the faith of it, and the pri rilege bas been in the most public | ‘or a period without molestation, manner exercised, the injunction is to be all over the country, yet issved at once—the right of trial by jury is to be denied, and the disputed facts are to be decided up- on mere depositions taken out of court, however de- | sirable it may beto have a public examination of some cf the witnesses. It will be manifest to every reflecting mind, that | such a practice must beeften caloulated to prgduce | agricvout and irremediable ixjury to persons acting | in the utmost good faith, in t! ofprivileges | which the government ha: assumed te cobfer upon | them. According to this can find,in any one of the numerous d which his telegraph lines may run, a single j who is known to have formed aa off-hand opiai his favor, ba erie, No ee ra ph patentes rietethro 7 Army Promotions, (From the on J Gommaat, ae lo. 60. ‘aR ARTNENT Asien Cees i Wasuineton, November 29, 4 Promotions and in the Army United States, made bythe President, the an jon of * Orders,” No 39, of July 19, = I —PROMOTIONS. ‘Thomas F. Hunt, Deputy Quar- Assistant Hunt, promoted. CORPS OF TOPOGRAPHICAL ENGINEERS. First Lieut. John N. Macomb, to be Captain, August4, 1801, vioe Hughes, resigned. ‘tReond Lint George: Meade vo be First Liew tenant, August 4, 'y Viee Macomb, Brevet 2d Lieut. Gorge H. Derby, to be Second Lieutenant, August 4, 1851, vice Meade, promoted. ORDNANCE DEPARTMENT. Second Lieut. Thomas J. Brereton, to be First Témeanent » October 3I, 1851, vice Deshon, re- vet 2d Lieut. Silas Crispin, to be Second Lieu- tenant, October 41, 1851, vice Brereton, premoted. FIRST REGIMENT UP DRAGOONS. First Lieut. John W. T. Gardner, to be on oe 9, 1851, vice Kearny, - ‘om ‘Sosbad-Licut. John Adams, to be First Lieuto- are Coe 9, 1851, vice Gardiner, promoted. 10 . ‘Second’ Lieut. Thomas F. Castor, to be First Lieutenant, October 9, 1851, vice Couts, resigned. {Company A } Brevet 2d Lieut. William T. Magruder, to be Second Licutenant, October 9, 195], vice Castor, promoted {Company D ] Brevet 2d Lieut. Robert Ransom, Jr., to be Se- eond Lieutenant, October 9, 1851, vice » Pro- moted. (Company I.] SECOND REGIMENT OF DRAGOONS. First Lieut. Reuben P. Campbell, to be Captain, August 8, 1851, vice Hamilton, deceased. [As- signed to Company E, vice May, transferred to Company A J First Lieut. William Steele, to be Captain, No- vember 10, 1851, vice Ker, resigned. (Company 1 Second Lieut. William D. Smith, te iret Lieutenant. Dame 1851, vice Campbell, pro- moted. (Com: 7 Arthur D. Tree, to be First Lieu- Donald, deceased. Second Lieut tenant, Ootober 11, 1851, vice Mo! {Company B } Seoond Lieut. Samuel H Starr, to be First Lieutenant, November 10, 1951, vice Steele, pre- moted. (Company A.] Brevet 2d Lieut. Lucius M. Walker, tobe Second Lieutenant, August 8, 1851, vice Smith, promoted. ape mearg » J Brevet 2d Lieut John P. Bolidey, to be Second Lieutenant, October 11, 1851, vice Tree, promoted. Carat Brevet ut. Thomas Let to be Second Lieutenant, November 10, 1851, vice Starr, pro- m {Company F.} REGIMENT OF MOUNTED RIFLEMEN. Brevet 2d Lieut. Alexander McRae, to be Second Lieutenant, vice Stuart, deceased, to date from July 1, 1851. [Company E.] FIRST REGIMENT OF ARTILIARY. First Lieut. Henry D. Grafton, to be Captaia, September 4, 1951, vice Fowler, deceased. (Com- H. bare Liout. Ambrose P. Hill, to be First Liou- tenant, September 4, 1851, vice Grafton, promoted. (Company D.) Brevet 2d Lieut. Caleb Huso, to be Second Lieu- tenant, aeente 4, 1851, vico Hill, promoted. (Company A.} FlestLivat, Stephen Carpenter, to be Captaa, . , 5 Oneerer 7, 1351, vice Plummer, deceasod. om- any id Second Lieut. Charles N. Underwood, to be First Lieutenant, October 17, 1551, vioo Carpenter, pro- moted. {Company H.} Brevet 2d Lieut. Samuel H. Reynolds, to be Second Lieutenant, October 17, 1851, vice Under- wood, promoted. [Company K.]} THIRD REGIMENT OF INFANTRY. Second Lieut. William H_ Wood, to bo First Loerie Fp ctnon bi 1351, vice Williamson, resi Jom 5 Bove 2a Lieut. “Martin P. Parks, Jr. Brevet to be Second Lieutenant, July 24, 1951, vioo Brower, dismissed. Creag 2 -] Brevet 24 Lieut. William D. Whipple, to be Se- cond Lieutenant, September 9, IN|, vice Wood, yromoted. (Company C ] VIFTH RBGIMENT OF YNTANTRY. Second Lieut. Edward ¥. Abbott, to be Firat Lieutenant, August 4, j%51, vioo Farrelly, de (Company B} Brevet 2d Lieut. Henry C. Bankhoad, to be Se- cond Lieutenant, August 4, 1801, vice Abbott, pro- poted. [Company A.j} SEVENTH REGIMENT OF Firé: Lieut. Lafayette MeLaws, to be Captain, August 24, 1961, vied deceased, and Page and Dana, Captainsin the Staff, who vacate their regimental commissions. [Company D } Second Lieut. Mathew K. Stevenson, to be First Lieutenant, August 24, 195], vice Page, Assistaat NFANTRY, | Adju’ant Geuoral, who vacates his regimental oom- expressed such opinion in a public | lecture, or in private Conversation, that judge may | be selected by the patentee, aud an injunction may be issued, restraining the use of rival inventions, without the slightest regard being paid to the op!- nions of other judges. _ A summary of tho merits of this controversy lies i a small compass. Morse claimed to be the firs to produce by electricity marks for signs of letters or words ‘0 this it was aaswered that others had receded him, ¢*pecially Steinheil. The ¢ Kane dispste of this? Simply by gazing Steinhoil’s o¢ Was merely a semaphoro “that sore to the eye for a s2omen’ ‘This is a plain mistake of the leading fact, it not being pretended by any body that such was the naturo of Steinheil’s iovention And it will observed that Judge Kane ignores the noto- rious facts, known all over the world, mentioned in the — of the commissions of patents above noted. . In the next place, the defendant's counsel gon- tended that marks by electricity as signa for letters or words, he could only have # patent for the means asi by him to produce that result, and other means alent thereto in legal contemplation, and could not have a patent for a aay of the idea of making marks, and moreover not obtain such a yat How doen Judge liane deal with this’ He not notice either branch of the proposition. if he had al ted to refute t rgument, his decision be oye of w pers, for it would ha opinion itself that it w: ppeared on the face of th oppositon to that of ra patents peared also that the decision west beyond the true meaning of the patent granted to Morse, avd reese pretensions that were formerly negattved by Morse's own counsel and by Morse himself. The question whether Meree's principal patent i id bas been examined by Judge M'iean, in o in Ubio, and it ie understood that an opinion prepared by bim to the effect that the patent void, of its being for » longer peri- an fourteen ye teken cut previously by Morse im Fran But tl judge bw fh ny ome reserved the x ition for the opinion of the Supreme Court. This objection was sived ip House's eave. Judge Woodbury inti- mated that he would not decide the point, as he wa: of opinion that, even if the patent wae v=lid, there wae no infringement by Houso’s system. For this reason, the Judge held that it was unnecessary for vo tw decide upon certain een — My Morse’s tit'e, “aad more ft whet! chief patent is not invalid, Pecauss cove t period—tbo time ineluded by Pr vio fore wag vag pew | n deduct 4 { _ nesage in Judge ary” ion, it is evident Bat fe bela the objection to Contes one. The claimant of euch epormous monopoly as that asked for by Morse deserves, and will receive, no public support or thy Indeed, the ver act of setting up such im, will cause the public to rejoice if the Supr ourt should hold that Moree’s patent i iy void for want of a strict compliance with the law. This would be a suitable retribution for the extravagence and ow ia ness ef his pretensions, which, wo may safely a:- sert, have never been peralleled since the introduc- tion of the patent system into this country. Marine A ffatrs, L urp At Bath, 19th inet by Mesars. Larrabee & Jen fine brig of 409 ton called the Louise Kilhem intended for the Unba trade, and to be commanded by Captain Wiliam White, of Boston, who owns her in con- | neetion with others in boston. At Bath, 10d instant, by Mosers Larrabee & Jens, 0 Sue bark of 465 toms, coppered on the stocks, called the Louira Kiibam. The LK. is intended == Oude te aod has s very superior model, combining grea railing and cortytog quatines the ia to be commanded dy Capt. William that city, ere her owners. Al Bestest, 9th. ship Wim Frothingbam, of 950 tons owned by Mesers White & Conner aod James P| White She wre built by Mesure Sides & Bweetsir, is paid to be of the beet materials and of a graceful clippet Jecoph Richards will command her. Same d: from the Ship yard of ot by Mr B®. Newman, a schooner of J. Tinker ow ged by Captains Tioker ) Carver, and oroete, and (be Comoran ded by Japt DD heed beyond the date of a patent | to his not have read so smoothly in the newspa- | 1 hite, of Boston. who, with others of ( How does | | promoted Moree had beon the first to make , mission CSimpaay x = Second Lieut: William H. Tyler, to be Fisat Lieutenant, August 24, 1551, vise Date, Assistant (uartermeater, who ates his regimental com- mission. [Com ] Second Lieut. Cadmus M. Wilcox, to be First jeutenant, August 24, 1861, vice MoLaws, pro- moted. Jompany 1.) Brovet 2d Lieut. Gurden Chapin, to be Second Lioutonant, August 24, 1851, vice Stevenson, pro- moted. (Company K.] Brevet 2d Lieut. Thomas J. C. Amory, to ba ~eoond Lieutenant, August 24, 1851, vioe Tyler, Cor ° Brovot 2d Li “Iward A. Palfroy, to be Se- August 2, 1851, vloe Witoox, cond ae , promote (Company I. u RPvoivrments. ORDNANCE DEPARTMENT. Jomes M. Mekea, of Louisiana, to be Mili! Storckeeper, April 24, 1651, vice Dovall, deol Briseoo G. Baldwin, Jr., of Alabama, to be Mili- tary Storekeeper, Ostober 3, 1851, vice MoRea, re- aigaod Ill.—CASUALTIES RESIONATIONS, (9 ) Brevet Lieut. Geor; . Hughes, C Topographical Eagiveers, Tague 4, ToL ll irevot M. » Kearny, Captain Ist Dra- goons, Octo! ; Captaia Crogan or, 2d Dragoons, Novembec ), WSL. Oapta'o Arthur B. Lansing, Assistant Quarter- master, September 2, 1851 First Lieut. Andrew |. Williamson, 5d [nfaatry, ember 9. 1961 i i Cave J. Coute, Ist Dragoons, Octo- iret Lieut. Georgs Deshon, Ordnance Depart- yt rovet amos I. jon, Ist infantry, bay ed 1, 1861 ™ a itary Storekeeper James M. MeRoa, Ord- nanee Departanent, July 31, 1851. =. OMMISSIONS VACATED UNDER THE wISIONS OF ON OF THE ACT OF *Uwe 18, 1346, iret Lieut Francis N. Page,” 7th infantry, ‘al — 24, 1851, Assistant Adjutant General. Firat Lieut. Napoleon J. T. Dana,” 7th infaatey, August 24, 1852, Assistant Quartermaster. nemMoven (1) Military Storskeeper. Jchn 8. Evans, Ordnance Department, November }8, 1861. BREATHS (9). Brevet Brig. General Henry Whiti: Colonet and Assistant Quartermaster Ceneral, at St. Louis, Mo , September 16, 1851. Brevet Lieut. Colonel Richard H. Ross, Cap- i 7th Infantry, at Boston, Mass, a Tass Breyet Major Philip W. MoDonald, ist Liea- tenant, 2d oons, at New Orleans, La, Oc- tover 1. ist ion captain Samuel Plummer, let infantry, at Fort Mertil. Texas, Ocwober 11; 1801. + Brevet Captain James Stuart, 2d Lieutenant Mounted Riflemen, June 18, 1861 Captain Wiliam H. Fowler, tet Artillery, at ort Myer: Mea DS mber 4, 1861. Captain Fowler ilton, 24 Dragoons, on San Saba rivor, T ey ig bed 1851 Firet Lieut. Le . Farrelly, Sth Infantry, at Camp, near Fort eaten, Ack Avgust 4, 1351 De Witt N. oot, Sd Artillery, at Mohawk, N , Angust 4, 1551, DIGMISsED, (1.) Second Liout. Charles B. Brower, 3d Infantry, aT the ot oted inted will Vie jcers prom and appoint 5 iments, com cise, end sta- tiene, without delay; those on detached service, or acting under instrnetions, will re » by; letter, to the commanders of their respective rogi- mente and corps. By order of the Secretary of War R. Jonas, Adjatant tenerai Brevot 2d Lie: join their proper r * Regimental commission (only) vacated 4 Of wounds received, June 17, 135'. im an aifale wiih diana, on Rogue river, Oregon Superior Court. Anmmariow ov Caxmoates rom tHe Bas —The sa ination of candidates for admigrion to the bar, tl be held in the Supreme Qourt, on Monday mest. at four Oelook The Court have appointed a) wim, Jobo B Bocies and Clinton Merrtr Nears, ae ¢tem noe