380 
EDITORIAL. 
order  to  accomplish  the  purposes  are  clearly  and  definitely  prescribed,  as  fol- 
lows : — "  But  before  any  inventor  shall  receive  a  patent  for  any  such  new  in- 
vention or  discovery,  he  shall  deliver  a  written  description  of  his  invention  or 
discovery,  and  of  the  manner  and  process  of  making,  constructing,  using,  and 
compounding  the  same,  in  such  full,  clear,  and  exact  terms,  avoiding  unnecessa- 
ry prolixity,  as  to  enable  a  person  skilled  in  the  art  or  science  to  which  it  per- 
tains, or  with  which  it  is  most  nearly  connected,  to  make,  construct,  and  use 
the  same." 
The  Act  also  provides  that  the  inventor  shall  accompany  his  application  "  with 
specimens  of  ingredients,  and  of  the  composition  of  matter,  sufficient  in  quantity 
for  the  purpose  of  experiment,  where  the  invention  or  discovery  is  of  a  composi- 
tion of  matter."  The  Act  also  provides,  that  the  applicant  shall  make  oath,  that 
he  does  not  know  or  believe  that  the  composition  of  matter  was  ever  before 
known  or  used.  These  and  the  other  requirements  of  the  law  being  complied 
with,  provision  is  made  for  a  critical  examination  into  the  merits  and  character 
of  the  alleged  invention ;  and,  "  if  the  commissioners  shall  deem  it  to  be  sufficient- 
ly useful  and  important,  it  shall  be  his  duty  to  issue  a  patent  therefor."  This, 
it  will  be  perceived,  is  a  very  different  course  of  procedure  from  that  of  filing  a 
label  in  the  clerk's  office  ;  and  a  label,  not  even  indicative  of  the  character  of 
the  compound  it  is  to  cover.  The  law,  it  will  be  perceived,  provides  for  a  truth- 
ful statement  of  the  ingredients  and  proportions  of  every  patented  compound. 
The  purpose  and  effect  of  the  provision  are  two-fold.  In  the  first  place,  the 
means  are  afforded  for  an  intelligent  and  careful  examination  into  the  compound, 
in  order  to  det  ermine  whether  it  is  worthy  of  the  countenance  of  the  government ; 
and,  secondly,  after  the  termination  of  the  privileges,  secured  by  the  letters- 
patent,  the  necessary  knowledge  is  at  hand,  to  make  the  invention  directly  avail- 
able to  the  public,  by  furnishing  to  all,  a  knowledge  of  its  ingredients  and  mode 
of  preparation.  Moreever,  the  "  letters-patent"  themselves,  in  accordance  with 
their  true  purport,  contain  a  plain  statement  of  these  particulars.  There  is 
something  open  in  these  requirements,  and  in  the  whole  course  of  proceeding 
marked  out  in  relation  to  patents,  and  the  fact  is,  just  as  one  would  suppose, 
that  there  are  really  very  few  "  patent  medicines."  The  medicines  sold  as  such, 
are,  nearly  all  of  them,  utterly  destitute  of  any  real  basis  for  the"  pretence  under 
which  they  are  imposed  upon  the  public. 
If  the  practice  of  recording  labels  of  medicines  shall  be  discontinued,  in  the 
clerk's  offices,  one  important  step  will  be  taken  towards  clearing  away  the  de- 
lusion which  prevails  upon  the  subject.  And  if  your  profession,  with  that  true 
regard  for  the  general  public  good  which  characterizes  its  worthy  members,  will 
take  the  subject  in  hand,  I  have  no  doubt  that  you  can  obtain  the  enactment 
of  penalties  against  the  sale  of  any  medicines  under  the  pretence  that  they  are, 
when,  in  truth,  they  are  not,  patent  medicines.  There  has  been  legisla- 
tion to  prevent  the  adulteration  of  medicines ;  but,  it  seems  to  me,  that  it  is 
a  more  important  end  to  shield  the  people  against  the  miserable  mixtures,  which, 
as  things  are  now  managed,  are,  by  the  apparent  encouragement  of  the  govern- 
ment, imposed  upon  them.  I  regret,  dear  Sir,  that  this  letter  has  necessarily  been 
so  hasty;  I  do  not  mean,  however,  to  intimate  that  its  positions  are  not  deliberate- 
ly taken.    Very  respectfully,  your  obedient  servant, 
AlTRELIAN  CONKLING. 
Dr.  Frank  H.  Hamilton. 
CIRCULAR. 
Department  of  State,  ~> 
Washington,  April  11,  1856.  J 
Mr   
Clerk  of  the  District  Court  of  the  United  States. 
Sir: — The  Act  of  Congress  approved  February  3,  1831,  entitled  "An  Act  to 
amend  the  several  Acts  respecting  copyrights,"  is  "  An  Act  for  the  encourage- 
