Obed Hussey | Page 8

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 as a part of the proceedings of Congress, by the press throughout the United States, and every body thus notified of your application.
[Sidenote: Mr. Hussey's Methods]
"From that period to the present time, I do not think there has been a single Congress at which all proper efforts were not made to obtain the action of that Body. Members were not annoyed with indecent importunity; nor were any powerful combinations of interested individuals resorted to, to force your Claim upon the consideration of Congress. This was not in accordance with your taste, or your means.