78 A REVIEW. 



of ihe proper office, to show that the subject was ever broached there, or to give 

 notice of his intehtions. Those, therefore, who sought information at the proper 

 point, could learn only that no attempt had ever been made to obtain an extension, 

 which put them off the track. — The conversation between Hussey and the Commis- 

 sioner appears to have been entirely secret, and is shown to have taken place only 

 by a private letter of PZdmuml Burke to the chairman of the Senate Committee, 

 some four months after the alleged interview. There was nothing to give those who 

 were interested adversely the slightest hint that an extension wascontemjilated, how- 

 ever diligently it might be sought. — His track being entirely covered, he proceeds 

 with equal secrecy to Congress with his petition, and his wretched excuse about 

 ignorance of the sixty days' rule — but without any excuse for his delay till ten days 

 before the expiration of his patent — it admitted of none — and prayed an extension by 

 their extraordinary interposition! " 



'\>io\\ one fact ^X. least, appears to be conclusively established, and 

 that is, this astute " counsel " considers himself perfectly an fait in 

 *' law," and the " rules and regulations of the Patent Office." If he 

 had understood them only half as well as he appears to do the bandy- 

 ing of reproachful epithets, it would be better for hwi, though not for 

 his cause. As this '' sixty days' rule " appears to be the strong hold of 

 the counsel — his " Rock of Gibraltar," we will examine it with a little 

 more attention. 



Knowing, we presume, but little about law, and still less about "the 

 rules and regulations of the Patent Office " — for all his time, and con- 

 stant 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 acquaint- 

 ance with Commissioner Ellsworth, Hussey's first application was 

 made to him in 1845, ^ short time previous to his going out of office; 

 certainly not less than tivclvc 7nonths 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 con- 

 versation I had with you while I was Commissioner of Patents, 

 relative to the extension 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 accord- 

 ingly postponed it. I regret you postponed it too long. The publi- 

 cation 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 Hiissey, Balto. Md. 



