452 
Patents, 
right to a patent ; as a high quartered shoe instead of a low oncj 
a round hat instead of a three square, or a square bucket instead 
of a round one ; but for this rule, all the changes of fashion in 
dress, would have been under the tax of patentees. These were 
among the rules which the uniform decisions of thb board had 
already established : and under each of them Mr. Evans’ patent 
would have been refused. 1st, Because it was a mere change of 
application of the chain pump from raising water, to raise wheat. 
2d, Because the using a leathern instead of a hempen band, 'was a 
mere change of material : and 3rdly, square buckets instead of 
round, are only a change of form ; and the ancient forms too, ap- 
pear to have been indifferently square or round. But there were 
still abundance of cases which could not be brought under rule, 
until they should have presented themselves under all their as- 
pects ; and these investigations occupying more time of the mem^ 
hers of the board, than they could spare from higher duties, the 
whole was turned over to the judiciary, to be matured in a system 
under which every one might know when his actions were safe 
and lawful. Instead of refusiiig a patent in the first instance, as 
the board was authorised to do, the patent now issues of course 
subject to be declared void on such principles as should be esta-- 
biishedby the courts of law. This business however is but little 
analogous to their course of reading, since we might in vain turn 
over all the lubberly volumes of the law, to find a single ray which 
would lighten the path of the mechanic or mathematician ; it is 
more within the information of a board of academical professors, 
and a previous refusal of a patent Avould better guard our citizens 
against harrassment by law suits. But England had given it to 
her judges, and the usual predominancy of her examples, carried 
it to ours. 
It happened that I had myself a mill built in the interval be« 
tween Mr. Evans’s first and second patents. I was living in Wash- 
ington, and left the construction of the mill entirely to the mill- 
wright. I did not even know he had erected elevators, con- 
veyors and hopperboys, until I learnt it by an application, from 
Mr. Evans’s agent for the patent price. Although I had no 
idea he had a right to it by law (for no judicial decision had 
then been given) yet I did not hesitate to remit to Mr. Evans 
the old and moderate patent price, which was what he then asked, 
from a wish to encourage even the useful revival of ancient inven- 
tions, But I then expressed my opinion of the law, in a letter ei’ 
ther to Mi\ Evans or to his agent. 
