Obed Hussey | Page 8

offered too late, sixty days before the expiration of
the patent being the time allotted. Knowing, we presume, but little
about law, and still less about "the rules and regulations of the Patent
Office"--for all his time, and constant labor with his own hands, were

required in the workshop to earn a bare support,--but being very
desirous to obtain an extension of his Patent before it should expire,
and also having some personal acquaintance with Commissioner
Ellsworth, Hussey's first application was made to him in 1845, a short
time previous to his going out of office; certainly not less than twelve
months before the expiration. This is proved by the annexed letter:
"La Fayette, Ia., July 3, 1854.
"Dear Sir:--
"Your letter of some weeks since, referring to a conversation I had with
you while I was Commissioner of Patents, relative to the extention of
your patent for a Reaper, would have been answered earlier, but for
absence and extreme pressure of business."
"If my recollection will aid you, I most cheerfully state, that before
your patent expired, you consulted me as to the extension of the same. I
replied that it was better to postpone an application until near the time
the patent would run out, for the Office must estimate the profits of the
invention during the whole term; and you accordingly postponed it. I
regret you postponed it too long. The publication of thirty days before
the patent expired, was a rule as published by myself. If you have lost
your opportunity for relief through (the) Patent Office, you must of
course go to Congress. I have always regarded your improvement as
valuable, and that the country is greatly indebted to your persevering
efforts, notwithstanding the obstacles presented.
"Yours respectfully,
"HENRY L. ELLSWORTH.
"Mr. Obed Hussey, Balto., Md."
Hussey acted on this official advice, and did "postpone an application
until near the time the patent would run out"--literally so, for he was
not advised of even the "thirty days' rule."

[Sidenote: Why Mr. Hussey's Application Was Late]
When he again applied, and not "until near the time the patent would
run out," Edmund Burke was Commissioner of Patents. He states in a
letter to Senators Douglas and Shields, under date March 4th, 1850, as
follows:
"In relation to the patent of Hussey, if my memory serves me, his
patent expired some time within the latter part of December, 1847.
During that month, and within some ten or twelve days before the
expiration of his patent, he applied to me as Commissioner of Patents
for an extension. I informed him, that inasmuch as the act of Congress
prescribed the mode in which patents should be extended; required a
reasonable notice to be given to the public in sundry newspapers,
published in those parts of the country most interested against such
extension; and as the board had decided that 'reasonable' notice should
be a publication of the application for extension three weeks prior to
the day appointed for the hearing, there was not time to give the
required notice in his case; and I advised Mr. Hussey not to make his
application, and thus lose the fee of $40 required in such cases, as he
inevitably would, without the least prospect of succeeding in his
application--but to petition Congress for an extension, which body had
the power to grant it."
[Sidenote: An Able and Unanswerable Report]
"Washington, 5th Sept., 1854.
"Obed Hussey, Esq., Baltimore:--
"My Dear Sir: I have recently learned, with surprise and indignation,
that certain speculating harpies who fill their coffers with the products
of other men's brains, and who, in your case, seek to 'reap where they
sow not' are basely and unjustly endeavoring to prevent a renewal of
your patent for your Reaping and Mowing Machine,' upon the ground
[among others] that you and your agents have neglected to press your
Claim properly before Congress.

"I have been your Agent from the time the claim was first presented to
Congress, and know that the Charge is entirely unfounded.
"The facts according to the best of my recollection and belief, are as
follows: Your Claim for a renewal was presented to Congress at the
very first Session, after you ascertained that your application to the
Commissioner could not be acted upon under the rules of the Patent
Office. Every paper and proof necessary to establish your right to a
renewal of your patent, under the existing laws, was procured, and
promptly placed with your memorial, before Congress. No further
proof was required by the Committee on Patents, in the Senate, and
your right to a renewal was fully established by an able and
unanswerable report of that Committee, accompanied by a bill for a
renewal. This report and bill were printed by order of the Senate, and
were noticed