Newspaper Page Text
BY AYglSORSyg*
ACTS A N D HBKOM TIONS
,,/■ "//,<• Second Session of the
P1W VISIONAL CONGRESS
of the
CONFEDERATE STATES.
1861.
[No. 165.]
AN ACT To establish a Patent Office, and to pro
vide lor Hie Grunting and Issue of Patents for
New and Useful Discoveries, Inventions, Im
provements and D'signs.
Section 1. The Congress of the Confederate
.States of America do enact, That there shall he es
tablished and attached to the Department of .jus
tice, an office to he denominated the Patent Office,
the chief officer of whicli shall be called the Com
missioner of Patents, to he appointed by the. I ros-
iaent, by and with the consent of the Congress,
whose duty it shall be, under the direction of the
Attorney General, to superintend, execute and per
forin all such acts and things touching and respec
ting the i-sue of patents for new and useful discov
eries, inventions and improvements, as are herein
provided for, or shall hereafter be by law directed
to be done and performed, and shall have the
charge and custody of all books records, papers,
models, machines and other things belonging to
said office.
Sec. 2. He it further enacted, That there shall
be in said office an inferior officer, to be appointed
by said commissioner, with the approval of the At
torney General, to be called the chief clerk of the
patent office, who in all cases during the absence
of the commissioner, or when the sai i principal of
lice shall become vacant, shall have the charge
and custody of the seal and of the records, books,
papers, machines, models, and all other things be
longing to the said office, and shall perform the du
ties of the commissioner during such vacancy—
And the said commissioner may also with like ap
proval, appoint such examiners of patents and oth
er clerks as may be necessary. And said commis
sioner, and every other person appointed and em
ployed in said office; shall he disqualified or inter
dicted from acquiring or taking, except by inheri-
tance, during the period for which they shall hold
their appointments respectively, any right or inter
est, dircc.tiy or indirectly, in any patent tor an in
vention or discovery which lias been or may here
alter be granted. And said commissioner, and all
others employed in said office, shall receive a com
pensation to he ascertained and fixed by law.
Hec. 3 And be it timber enacted. That the
said principal officer; and ev ry oilier person to be
appointed in said office, shall, before lie enters up
on tho duties of bis office or appointment, make
oath or affirmation truly and faithfully to execute
the trust committed to him. And the said commis-
er and chief clerk shall also, befote entering upon
their duties, severally give bonds, with sureties, to
the treasurer of the Confederate Statts, the iormer
in the sum often thousand dollars, and the latter
in the sum of five thousand dollars, with condition
to render a true and faithful accouut to him or his
successor in office, quarterly, of all moneys which
shall be by them respectively received for duties
on patents and lor copies of records and drawings,
and ait other moneys received by virtae of said
office.
Sec. 4. And be it further enacted, That the
said commissioner shall cause a seal to be made
and provided tor the said office, with such device
as the President ot the Confederate States shall ap
prove : and copies of any records, books, papers or
drawings belonging to the said office, under the
signature of said commissioner, or when tiie office
shall b>- vacant, under the signature ot the chief
cleik. with the said seal affixed, shall be competent
evidence in all cases in which the original records,
books, papers or drawings could be ovid. nee —
And any person making application llierelor may
have certified copies of the records, drawings and
other papers deposiied in the said office, on paying
fur the written copies the sum ot ten cents tor ev
ery page of one hundred words, and for copies of
diawings, ihe reasonable expenses of making the
same
bee. 5. And be it further enacted, That all pa
tents issuing from the said office shall be issued
in the name of the Confederate States, and under
seal of said office, and be signed by the Attorney
General, and countersigned by the commissioner
of said ofhc-, and shall be recorded, together with
the descriptions, specifications and drawings, in
the said office, in books to be kept for that pur
pose. Evciy patent shall contain a short descrip
tion or title of the invention or discovery, eoirectly
indicating its nature and design, and in its terms
grant to the applicant or applicants, his or their
neirs, administiators. executors or assigns, for a
term oi not exceeding fourteen years, the full and
exclusive right and liberty of making, using and
vending to others t- be used, the said invention or
discovery, referring to the specification for the par
ticulars thereof, a copy of which shall be annexed
to the patent, specifying what the patentee claims
as his invention or discovery.
Sec. 6. And be it further enacted, That any
person or persons having discovered or invented
any new and useful art, machine, manufactme, or
composilion of matter, or any new and useful im
provement on any art, machine, manufacture, or
composition of matter, not known or used by oth
ers before bis or their discovery or invention there
of, and not at the time of his application for a pa-
teut in public use or for sale, with his consent or
allowance, as the inventor or discoverer, and shall
desire to obtain an exclusive property therein, may
make application in writing to the commissioner
ot patents, expressing such desire ; and the commis
sioner, on due proceedings had, may grant a pa
tent therefor. But before any inventor shall re-
ceive a patent for any such new invention or dis
covery he shall deliver a written description of his
invention or discovery, and of the manner and
process of making, constructing, using and com
pounding the same, in such full, clear, and exact
terms, avoiding unnecessary prolixity, as to enable
any person skilled in the art or science to which it
appertains, or with which it is most nearly connec
ted. to make, construct, compound and use the
samo; and in case of any machine, he shall fully
explain the principle, and the several modes in
which he has contemplated the application of that
piinciple or ch.racter by which it may be distin
guished from other inventions ; and shall particu
larly specify and point out the part, improvement,
or combination wine!; he claims as his own inven
tion or discovery. lie shall, furthermore, accom
pany the whole with a drawing or drawings, and
written references, where the nature of the case
admits of drawings ; or with specimens of ingredi
ents, and of the composilion of matter, sufficient in
quantity for the purpose of experiment, where the
invention or discovery is of a composition of mat
ter ; which descriptions and drawings, signed by
the inventor, and attested by two witnesses, shall
be filed in the Patent office; an i lieshall moreover
furnish a model of his inventi" - * in all cases which
admit of a representation by model, of a conveni
ent size to exhibit advantageously its several parts.
The applicant shall make oath or affirmation that
lie does vc. ily believe that he ; s the original and
first inventor or discoverer of the art, machine, com
position. or improvement, for which he solicits a
patent; and that he does not know or believe that
the same was ever before known or used ; and al
so of what country he is a citizen ; which oath or
affirmation may be made before any person author
ized by law to administer oaths.
bee. 7. And be it further enacted. That on the
filiugofany such application, description and spe
cification, and the payment of the duty hereinafter
provided, the commissioner shall make, or caused
to be made, an examination of the alleged new in
vention or discovery, and if. on any such examina
tion. it siiali not appear to the commissioner that
the same had b en invented or discovered by any
other person in this country, prior to the alleged in
vention or discovery thereof by the applicant, or
that it had been patented or described in any prin
ted publication, in tills or in any foreign country,
or had b en iu public use or on sale, with the ap
plicant's consent or allowance, prior to the applica
tion. if the commissioner shall deem it to bo suffi
ciently useful and important, it shall be his duty
to issue a patent therefor. Hut whenever, on such
examination, it shall appear to the commissioner
that the applicant was not the original and first in
ventor or discoverer thereof, or that any part of
that which is claimed as new bad before been in
vented or discovered, or patented or described in
any printed publication in this or any foreign
country as aforesaid, or that the description is de
fective mid insufficient, he shall notify the appli
cant thereof, giving him briefly such information
and references as may be useful in judging of \be
propriety of renewing his application, or of alter
ing Ins specification to embrace only that part of
the, invention or discovery which is new. But if
the applicant in such case shall persist in his claim
for a |iate.it. whh or without any alterations ol Ids
specificaL ns, he shall be required to make oath
or affirm: m anew, iu manner as aforesaid ; and
if the specification and claim shall not have been
so modified as iti the opinion of the commissioner
shall entitle the applicant to a patent, he may, on
app-al, and upon request in writing, have, the de
cision of the Attorney General, who shall be fur
nished with a certificate in writing, with the opin
ion and decision of the commissioner, staling the
particular grounds of his objection, and the part or
parts of the invention which he considers as not
entitled to be patented and the Attorney General
shill give ‘eaaonable notice to the applicant, as
Weil as to the commissioner, of the time and place
of bearing such appeal that they may have an op
portunity of furnishing him with such facts and
evidence as they may deem necessary to a just de
cision; and it shall be the duty of the commission
er to famish to the Attorn ev General >uch info-iaa-
tion as he may possess, relative to the matter un
der con adoration. And on an examination and
consideration ol the matter by the Attorney Gener
al, it shall he in his power to reverse the decision
of the commissioner, either in whole or in part;
and his opinion being certified to the commission
er, he shall be governed thereby i n the furdier
proceedings to be had on such application: Provi
ded, hnetzer. That before an appeal shall be had in
any such case the applicant shall pay to the credit
of the treasury, as provided in the twenty-third
section of this act, the sum of twenty-five dollars.
Sec. 8. And be it further enacted, That when
ever an application shall be mnde for a patent,
# fetch
Interfere
Cation , _ ,
ent which shall have been granted, it ,-hali be the j the same manner and under tire same Ciretimstan-
dnty of the commissioner to give notice thereof to ; ces as is now provided by l.rwr in otic r judgments
1 and decrees of district courts, and in nil otacr cases
in which the court shall deem it reasonable to al
low the same.
Sec. 16. And be it further enacted. That it
shall be the duty ot the commissioner to cause to
be classified and arranged, iu such rooms or galle
ries as may be provided for that purpo-e, in suita
ble cases, when necessary for their preservation,
and in such manner as shall be conductive to a
”4 And hr it further t ’dieted, rhttl the com-j bee. 51. That ail patents issued by the government
I mlsilrtief bfpntefi!; may establish rule* fa taking nffl* j Oftbe United States, in fever of citizens or sub|cCtt of
j davits hi|tl depositions required If cares pending m the i foreign countries,prior to the eighth day of i cbfuary
such applicant or patentees, as the case may be
and if either shall be dissatisfied with the decision
of the commissioner on the question of priority of
right or invention, on s hearing thereof, he may
appeal from such decision, on the like terms and
conditions as are provided in the preceding sec
tion of this act, and the like proceedings shall be
had to determine which or whether either of the
applicants is entitled to receive a patent as prayed
for. But nothing in this act contained shall be
construed to deprive an original and true inventor
of the right to a patent for his invention by reason
of his having previously taken out letters patent
therefor in a foreign country, and the same having
been published at any time within six months
next preced : ugthe filing of his specifications and
drawings ; not, however, exceeding six months pri
or to the actual issuing of the patent; and on like
request, and the payment of the duty herein re
quired, by any applicant. Ids specification and
drawings shall be filed in the secret archives of the
office, until he shall furnish the model and the pat
ent be issued not exceeding the term of two years
the applicant being entitled to notice ofinterfering
application.
Sec. it. And be it further enacted, That where
any person hath made or shall have made any new
invention, discovery or improvement, on account
of which a patent might by virtue of this act be
granted, and such person shali die before uny pat
ent bliall be granted therefor, the right of applying
for and obtaining such patent shall devolve on the
executor or administrator of such person, in trust
for the heirs-at-law of the deceased, in case he
shall have died intestate, but if otherwise, then iu
trust for his devises, in as full and ample manner,
and under the same conditions, limitations and re
strictions as tile same was held or might have
been claimed or enjoyed by such person in his or
bpr life-time ; and when application for a patent
shall he made by such legal representatives, the
oath or affirmation provided in the sixth section of
this act shall be so varied as to be applicable to
them.
Sec. 10. And be it furl her enacted, That every
patent shall be assignable in law, either as to the
whole interest or any undivided part thereof, by
any instrument in writing; which assignment,
and also every grant and conveyance of the exclu
sive right, under any patent., to make and use and
to grant to others to make and use the thing pat
ented, within and throughout any specified part or
portion of the Confederate .States, shall be recurd
ed in the patent office within three months from
the execution thereof.
s’ec li. And be it further enacted, That any
person who shall hive invented any new art, ina-
chine, or improvement thereof, and shall desire fur
ther time to mature the same, may, on paying to
the credit of the treasury, in manner as provided
in the twenty third section of this act, the sum of
ten dollars, tile in the patent office a caveat set-
ting. forth the design and purpose thereof, and its
principal and distinguishing characteristics, and
praying protection ot his right till lie shall have
matured his mveution. And such caveat shall he
filed in the confidential archives of the office, and
preserved in seertsy. And if application shall be
i made by any other person, within one year from
the time of tiling of such cavea’, for a patent of
j any invention with which it may in any respect
I interfere, it shall be the duty of the commissioner
; to deposit the description, specifications, drawiugs
| and mode! in the confidential archives of the office,
and to give notice (by mail) to the person filing
j the caveat of such application, tcho shrill, within
I three mouths after receiving the notice, if he would
j avail himself of the benefit of his caveat, file his
description, specifications, drawings and model;
and if. in the opinion of the commissioner, the spe
cifications of claim interfere with each other like
proceedings may be had in all respects as are in
j this act provided in the case of interfering applica
tions: Provided, however. That no opiniou or de-
I cision of the commissioner or examiners, under the
'< provisions of this act, shall preclude any persons
I interested in favor of or against the validity ot
j any patent which has been or may hereafter be
j granted from die right to contest the same in any
judicial court, in ar.y action in which its validity
may come in question.
See. 12. And be it farther enacted, That
whenever any patent which has heretofore been
granted or which shall hereafter be granted shall
be inoperative and invalid, by reason of a defec
tive or insufficient description or specification, or
by reason of the patentee claiming in his specifica
tions as his own invention more than he had or
shall have a right to claim as new, if the eiror has
or shali have arisen by inadvertency, accident or
mistake, and without any fraudulent or deceptive
intention, it shall bo lawful for the commissioner,
upon the surrender to him of such patent, und the
payment of the further duties of twenty dollars, to
cause a new patent to be issued to its head inven
tor. for the same invention, for the residue of the
j period then nnexpired for which the original pat
ent was granted, in accordance with the patentee's
j corrected description and specification. And in
case of his death, or any assignment by him made
i of the original patent, a similar right shall vest in
lis executors, administrators or assigns. And the
latent so re issued, together with the corrected de-
cription and specifications, shall have toe same
fleet and operation in law, on the trial of all ac-
j lions hereafter commenced for causes subsequent-
! ly accruing, as though the same had been origin-
! aliy filed in such corrected form before the issuing
j of the origin--! patent. And in all cases where auy
j new improvement ot tile original invention or dis-
! covery may have been invented or discovered by
the original patentee subsequent to the date of his
patent, fu; which a patent is desired by him, an
independent patent for such improvement or dis
covery may be applied for; and no anuexing to
such original patent oftbe description and specifi
cation on such additional improvement or improve
ments shall be allowed.
Bee. 13 And be it further enacted, That the
defendant in any such action shall be permitted to
plead the general issue, and to give t..is act and
any special mutter in evidence of which notice in
writing may have been given to the plaintiff or his
attorney thirty days before trial, tending to prove
iliat the description and specification filed by the
plaintiff does not contain the whole truth relative
to his invention or discovery, or that it contains
j more than is necessary to produce the described ef-
j tect : which concealment or addition shall fully ap
i pear to have been made for the purpose of dcCeiv-
I irig the pubi c, or that the patentee was not the
, fiist and original inventor or discoverer of the
; thing patented, or of a substantial and material
i part thereof claimed as new, or that it has been
| described in some public work anterior to the stip-
I posed discovery thereof by the patentee, or had
| been in public use or on sale with the consent and
I allowance of l he patentee before bis application for
j a patent, or that he had surreptitiously or unjustly
I obtained the patent for that wnich was in fact in-
i vented or discovered by another, who was using
■ reasonable diligance in adapting and perfecting
: the same; or that the patentee, it an alien at the
time the patent was granted, had failed and neglec
i ted, for the space of eighteen months from the date
| of the patent, to put and continue on sale to the
public, on reasonable terms, the invention or dis-
! covery for which the patent was issued ; and when
| ever the defendant relies iu his defence on the fact
| of a previous invention, knowledge or use of the
| thing patented, he shall state in his notice of spe
cial matters the names and places of residence of
i those whom lie intends to prove to have possessed
i a prior knowledge of the thing, and where the same
I had been used ; in either of which cases judgment
| shali be rendeied for the defendant with costs;
Prodded, hnicerrr. That whenever it shall satisfac
torily appear that the patentee, at the time of ma
king his application for the patent, believed him
self to he the first inventor or discover of the tiling
patented, the same shall not be held to be void on
account of the invention or discovery, or auy part
therefor having been before known or used in any
foreign country—it not appearing that tile same or
any substantial part thereof had before been pat
ented or described in any printed publication ;
And provided, also. That whenever the plaintiff
shall fail to sustain his action on tho ground that
in his specification or claim is embraced more than
that of which he was the first inventor, if it shall
appear that the defendant had used or violated any
part of the invention justly and truly specified and
claimed as new, it shall be in the power of the
court to adjudge and award, as to costs, as may
appear to bejust and equitable.
Sec. 14. And be it further enacted, That when
ever there shall be two interfering patents, or
whenever a patent or application shall have been
refused on an adverse decision of the Attorney
General, on the ground that that patent applied for
would interfere with an unexpired patent previous
ly granted, any person interest'd in such patent
either by assignment or otherwise iu the one case,
and any such applicant in the other case may have
remedy in equity; and the court having cogni
zance thereof, on notice to adverse parties, and oth
er due proceedings iiad, may adjudge aud declare
either the patents void in the wide or in part, or
inoperative and invalid in any particular part or
portion of the Confederate States, according to the
interest which the parties to such suit may possess
in the patent or the invention patented ; ard may
also adjudge that such applicant is entitled, accor
ding to the principles and provisions of this act,
to have and receive a patent for his invention, as
specified in his claim- or for any part thereof, as the
fact of priority or right or invention shali, in auy
such case, he made to appear. And such adjudi
cation. if it be in favor of the right of such nppli
cant, shall authorize tho commissioner to issue
such patent, on his filing a copy of the adjudication
and otnervvise complying with the requisitions of
this act: Provided, however, That no such judg-
mentor adjudication shall affect the rights of any
person except the parties to the action and those
deriving title from aud under them subsequent to
ibe rendition of such judgment.
See. 15. And be it further enacted, That all ac
tions. suits, controversies and cases arising under
any law of the Confederate States, granting or con
firming to inventors the exclusive right to theii
inventions or discoveries, shall be originally cog
nizable, as well in equity as at law, by (be district
courts of the Confederate States, which courts shall
have power iu any such case to grant injunctions
according to the course and principles of courts of
equity, to prevent the violation of the rights of any
inventor as secured to him by any law of the Con-
federate States, on such terms and conditions as
said courts may deem reasonable; Provided, how
ever, That from all judgments aud decrees front
- . tposulnns reqi««c» -- - «. ,, .. ,,— —„• _ . . . .,
pnti-nt office, and such affidavits mid depositions innv : Inst, shall have tho sunn- force and effect m these Lon-
be taken before r.fiv justice oftbe peace oi- other officer j federate States as if neued under the authority ot these
: authorized by law-’to take depositions to be used in lire ! states : Provided, That this section shall not take ct-
| courts of the" Confederate States, or in the s'ate courts I K et in tnvor of any alien enemy, holder or assignee ot
j of any state where such officer shall reside ; and in any any such patent uaaforesaid. .
' contested case pending in the patent office it shall be j Sec. 52. And he it further enacted. That thisact shall
take effect and be in force from und after iis passage.
for any district or territory, and he is hereby re
quired, upon the application of any party to such con
tested case, or the agent or attorney of such party, to
-ubpoenas for any witness residing or being
beneficial and favorable display thereof, tlie mod
els and specimens of compositions and fabrics, and
other manufactures aud works of art, patented nr
unpateued, which have been or shall lit n atter be
deposited in said office. And said rooms or galle
ries shall be kept open during suitable hours for
public inspection
Sec. 17. And hr it fort tier enacted, That whenever a
patent shall be returned for correction and reissue, nr,
der this act. and the patentee shall desire several pa
tents to be issued for distinct and separate parts of toe
thing patented, he shall first pay, in manner anti iu ad
dition to the sum provided by thisact, the nun ol
twenty dollars for each additional patent so to be is
sued ; nor shall any new patent be issued lor an im
provement made in any machine, uianutaeture or pro
cess. to the original inventor, assignee or possessor ot
a patent therefor, nor any disclaimer lie admitted to
record, until a duplicate model or drawing of the same
shall have been deposited in thepatentoffice.it the
commissioner shall require *he same; nor shall any
patent be granted for an invention, improvement or
discovery, the model or drawing of which shall have
been lost, until another model or drawing, if required
by the commissioner, shall in like manner be deposit
ed in the patent office. And in all sueii eases the
question of compensation for such models anil di aw -
mgs shall be subject to the judgment and decision ot
the commissioner, under the same limitations and ic-
strictions as are herein prescribed.
Sec. 18. And he it f urther eniutrd, That any pa
tent, hereafter to be issued, may be made and issued
to the assignee or assignees of the inventor or discov
erer, the assignment thereof being first entered ot ie-
cord, and the application therefor being duly made,and
the specification duly sworn to by the inventor. And
in all cases hereafter the applicant fora patent shall
lie held to furnish duplicate drawings, whenever the
case admits of drawings, one of which to be deposited
in the office, and the other to be annexed to the pa
tent and considered a part of the specification.
Sec. Iff. And be it further enacted. That whenever
any patentee shall have, through inadvertence, acci
dent or mistake, made his specification of claim too
broad, claiming more than that of which he was the
the oi iginul or first in ventor, some material and sub
stantial part of the thing patented being truly and just
ly his own, any such patentee, his administrators ex-
ecutore aud assigns, whether of a whole or of a see-
tional interest therein, may make disclaimer of such
parts of the thing patented as the uiseiaimant shall not
claim to hold by virtue of the patent- or assignment,
stating! herein the extent of his interest in such patent,
which disclaimer shall he in writing, attested by one
or more witnesses, and recorded in the patent office, on
payment by the person claiming, in manner as other
patent duties are required by law to be paid, of the
sum of ten dollars. And such disclaimer shall thereaf
ter be taken and considered as part ot the oi iginul spe
cification, to the extent of the interest whicli shall be
possessed in tlie patent or right, secured thereby liv
tiie diselaimant, and by those claiming by or under
him, subsequent to the record thereof. But no such
disclaimer shall affect any action oendingat the time of
its being filed, except so far as may relate to the ques
tion of unreasonable neglect or delay in filing tiie
same.
Sec. 20. And he it further enacted. That whenever
application shall lie made to the commissioner lor a
patent for a newly discovered improvement to be
made to an existing patent, or wherever a patent shall
be returned for correction and re-issue, the specifica
tion of claim annexed to every such patent shall be
subject to revision and restriction, in tiie same manner
as are original applications for patents ; the commis
sioners shall not add any such improvement to the
patent in the one case, nor grant the re-issue in the
other case, until the applicant shall have entered a dis
claimer or altered his specification of claim in accord
ance with the decision of the commissioner . and in all
such cases the applicant, if dissatisfied with such de
cision, shall have the same remedy and be entitled to
the benefit of the same privileges and proceedings as
are provided by in tiie case of original applications for
patents.
Sec. 21. And hr it further enacted, That whenever,
by mistake, accident or inadvertence, and without any
willful default or intent to defraud or mislead the pub
lic, any patentee shall have in his specification, claim
ed to be the original and first inventor or discoverer of
any material or substantial part of the thing patented,
of which he was not the original and first inventor, and
shall have no legal or just right to claim the same, in
every such case the patent shall be deemed good aud
valid for so much ot the invention or discovery ns
shall be truly and bona-fide his own: Provided, It
shall be amaierial and substantial part oftbe oiu-tiiing
patented, aud be definitely distinguishable from tiie
other parts so claimed, without right as aforesaid. And
every such patentee, his executors, administrators and
assigns, whether of a whole or of a sectional interest
therein, shall be entitled to maintain a suit, at law or in
equity on such patent for any such infringement of
such part of the invention or discovery as shall be
bona-fide his own as aforesaid, notwithstanding the
specification may embrace more, than he shall have any
legal right to claim. But in every such case in which
a judgment or verdict shall be rendered for the plain
tiff, he shall not be entitled to recover costs against
tiie defendant, unless he shall have entered at the pa
tent office, prior to the commencement cf the suit, a
disclaimer of all that part of the thing patented which
was so claimed without right : Provided however. That
no person bringingany such suit shall be entitled totlie
benefits of the provisions contained in this section, who
shall have unreasonably neglected or delayed to enter
at the patent office a disclaimer as aforesaid.
See. 22. And belt further enacted, That in all eases
m which an oatli is required by this act, if the person
of whom it is required shall be conscientiously scrupu
lous of taking au oath, affirmation may be substituted
therefor.
See. 23. And be it further enacted, That all moneys
paid into the treasury of the Confederate States forpa-
tents, and for fees for copies furnished bv the commis
sioner, shall be carried totlie credit of the patent fund
created by this act; and the money constituting said
fund shall be and the same are hereby appropriated
for the payment of the salaries of the officers and
clerks provided by this act, and all other expenses of
trie patent office, including all the expenditures provi
ded for by this act ; and also for such other purposes
as are or may be hereafter specially provided tor by
law. And the commissioner is hereby authorized to
draw upon such fund, from time to time, for such sums
us shall be necessary to carry iuto effect the provis
ions of this act, governed, however, by the several lim
itations herein contained. And it shall be his duty to
lav before Congress, iu the month of January, an
nually, a li.-t ot all patents which shall have been
granted during the preceding year, designating under
proper heads lile subjects of such patents, and furnish
ing an alphabetical list of the patentees, with their
places of lesidence ; and shall also furnish a list of all
patents which shall have become public property du
ring the same period, together with such other infor
mation of the state oftbe patent office as may be use
ful to Congress or to the public.
S»-e.2t. And be it further enacted. That the commiss
ioner is authorized to employ temporary clerks to do
any necessary transcribing, whenever the current bu-
siuess of the office requires it : Provided, hntecrer.
That instead of salary a compensation shall beuliowed,
at a rate not greater tlrnu is charged for copies now
furnished by tiie office.
See. 25. And be it. further enacted. That the com
missioner is hereby authorized to publish a classical
and alphabetical list of all patents granted by the pa
tent office previous to said publication, and retain one
hundred copies for the patent office and live hundred
copies to be deposited in the library of Congress, for
such distribution as may hereafter be directed : and
that one thousand dollars, if necessary, be appropriated
out of the patent fund, to defray the expenses of the
same.
See. 20. And he it fm I her enacted. That the sum of
five hundred dollars be appropriated from the patent
fund, to be expended under the direction of the com
missioner. for the pm chase of necessary books for the
library oftbe patent office.
See. 27. And be it further enacted. That all applica
tions by aliens to obtain patents for inventions which
have already been patented in foreign countries, shall
be made within six months from the date of such for
eign letters patent. Nor shall letters patent be granted
to any alien whose government is at war with the Con
federate States.
Sec .28. And be it further enacted, That every per
son or corporation who has, or shall have purchased or
constructed any newly invented machine, manufacture
or composition of matter, prior to the application by
the inventor or discoverer for a patent, shall be held to
possess the right to use and vend to others to be used,
the specific machine, manufacture or composition ot
matter so made or purchased, without liability theiefor
to the inventor, or any other person interested in such
invention ; and no pateut shall be held to be invalid by
reason ot such purchase,sale or use, prior to the appli
cation tor a patent as aforesaid, except on proof of
abandonment of such invention to the public, or that
purchase, sale or prior use lias been for more tiiu.ii two
years prior to sucli application for a patent.
See. 29. And be it further enacted That the provis
ions of the 14th section of this act, shall extend to all
cases where patents are refused for any reason whatev
er, either by the commissioner of patents or by the At
torney General, upon appealsfrom the decision of said
commissioner, as well as where the same shall have
been refused on account of, or by reason of, interfer
ence with previously existing patent and in all eases
where there is an opposing party a copy of the bill
shall be served upon the commissioners of patents,
when the whole of the expenses of the proceeding shall
be paid by the applicant, whether the final decision
shall be in his favor or otherwise.
Sec. 30. And beitfurther enacted, That the treasu
rer of tiie Confederate States be and he hereby is au
thorized to pay back, oulot the patent fund, any sum
or sums of money to any person who shall have paid
the Manic* into the treasury, or to any receiver or depos
itory to the credit of the treasurer, as for fees accruing
at the patent office through mistake, and which are not
provided to be paid by existing laws, certificate thereof
being ma le to the sa’id treasurer by the commissioner
of patents.
.Sec. 31. And be it further enacted, Tiiat the oath re
quired for applicants for patents may be taken, when
;lie applicant is not for the time being residing in the
Confederate States, before any minister plenipotenti
ary, charge d’affaires, consul, or commercial agent
holding commission under the government of the Con
federate States, or before any notary public of the for
eign couutry in which such applicant may be : Prori-
(fed, Such foreign state shall have recognized the inde
pendence of the Confederate States,and shall be at the
time in amity with them.
Sec. 32. And be it further enacted, That all patentees
wishing tomake payments for patents to be issued.may-
pay all such moneys to the treasurer of the Confeder
ate States, or to the treasurer of either of the mints
within the Confederate Slates, or to sueh oilier deposi
tory as shall be designed by the Secretary of the
Treasury or commissioner of patents, in other parts of
the Confederate States, to receive such payments und
give receipts or certificates of deposit therefor.
Sec. 33. And be it further enacted. That from all
judgments and decrees of any district court rendered
in any action, suit, controversy or ease at law or in
equity, arising under any law of the Confederate States
granting or confirming to inventors or discoverers a
writ of error or appeal, as the case may require, shrill <
lie, at the instance of either party, to the Supreme
Court of the Confederate States, in the same manner
and under the same circumstances as is now provided
by law in other judgments aud decrees of sueh district
courts, without regard to the sum or value in contro
versy in the notion.
within thesaid district or territory, commanding such
witnesses to appear and testify- before anyjastice of the
peace, or other officer as aforesaid resitting within the
said district or territory, at any time and place in the
subpoena to be stated; and if any witness after being
duly served wii’n such subpoena, shall refuse or neglect
to appear, or after appearing shall refuse to testify,
(not bi-ingprivileged from giving testimony,) such re
fusal or neglect being proved to the satisfaetion of any
judge of the court whose clerk shall have issued sueh
subpoena, said judge may thereupon proceed to enforce
obedience to the process^ or to punish the disobedience
in like manner as any court of the Confederate Btates
may do in ease of disobedience to process of tnbprna
ad testificandum issued by such court : and witnesses
in such eases shall be allowed the same compensation
as is allowed to witnesses attending the courts of the
Confederate States : Provided. That no witness shall be
required to attend at any place more than torty miles
ti"in the place where the subpoena shall be served upon
him t" give adeposiiion under this law : Provided,also,
That no witness shall lie deemed guilty ofcontempt for
refusing to disclose any secret invention made or owned
by him : And provided, further, That no witness shall
be deemed guilty ot contempt for disobeying any sub-
puna directed to him by virtue of this act, unless his
fees for going to, returning from, und one day’s attend
ance at tiie place of examination shall be paid or ten
dered to him at the time of service of subpiena.
See. 3.e And be it further enacted. That no appeal
shall hi allowed to t lie Attorney General from the decis
ions of the examiners, except In interference cases, un
til after the application shall have been twice rejected;
and the second examination of the application by the
primary examiner shall not be had until the applicant,
in view of the references given on the first rejection,
shall have renewed the oath of invention as provided
for in this act.
Sec. 36. And he it further enacted, That the salary
of the commissioner of patents, from and after the
passage of this act, shall be three thousand dollars per
annum; that of the chief cleric eighteen hundred dol
lumper an mini.- that of each examiner of patents two
thousand dollars per annum, and that of each regularly
employed record or other clerk, one thousand dollars
per auiiuiu.
8ec 37. And he it further enacted, That the com
missioner of patents is authorized to restore to the re
spective applicants, or when not removed by them to
otherwise dispose of, such of the models belonging to
rejected applicants as he shall not think necessary to
be preserved. The same authority is also given in re
lation to all models accompanying applications of de
signs and inventions. He is further authorized to dis-
pense witli models of designs, when the design can be
sufficiently represented by a drawing.
Sec. 38. And he it further enacted. That tiie com
missioner may requh <*. all papers tiled in the patent of
fice, if not correctly. legibly and plainly written, to be
printed at the cost of the parties filing such papers; and
for gross misconduct lie may refuse to recognize any
p-.-rstm as a patent agent, either generally or in any par
ticular ease ; blit the reasons oftbe commissioner for
sueh refusal shall be duly recorded, and subject to the
approval oft he President of the Confederate States.
Sec. 39. And beitfurther enacted, That no money
paid us a fee on auy application for a patent after the
passage of this act shall lie withdrawn or refunded, nor
shall the fee be paid on filing a caveat be considered as
part of the sum required to be paid on filing a subse
quent application for a patent tor the same invention.
That tiie three months’ notice given to any caveator,
in pursuance of the requirements of the 11th section
of this act, shall be computed from the day on whici.
such notice is deposited in the post-office at the seat of
Government of this Confederacy, with the regular
time for transmission of tiie same added thereto, which
lime shall be endorsed on the notice.
Sec. 40. And he it further enacted, That the follow
ing shall be the rates of fees in all cases, respectively :
On tiling a caveat, ten dollars.
On filing each original application for a patent, ex
cept for a design, twenty dollars.
On issuing each original patent, twenty dollars.
On every appeal to the Attorney General, twenty-
five dollars.
Op every application for the re-issuc of a patent
thirty dollars.
tin filing i ach disclaimer,ten dollars.
For recording patents, as provided for iu section 49,
ten cents for every hundred wolds.
For certified copies of patents aud other papers, ten
cents per hundred words.
For recording every assignment, agreement, power
of attorney, and other papers, ot three hundred words
or under, one dollar.
For recording every assignment and other paper,
over three hundred words and under one thousand
words, two dollars.
For recording every assignment and other writing, if
over one thousand words, three dollars.
For copies of drawings,the reasonable cost of making
the same.
Sec. 41. And be it further enacted. That any person
or persons who. by his, her or their own iudustry, ge
nius, efforts and expense, may have invented or pro
duced auy new and original design for a manufacture,
whether of metal or other material or materials, an
original design for a bust,statute or bass-relief,or compo
sition in basso or alto relievo, or any new or original im
pression or ornament, or to be placed on any article of
manufacture, the same being formed in marble or oth
er material, or any new and useful pattern, or print, or
picture, to be either worked into or worked on, or print
ed, or painted, or cast, or otherwise fixed upon any ar
ticle of manufacture, or any new and original shape or
configuration of any article of manufacture not known
or used by others before his, her or tfieir invention or
production thereof, und prior totlie time of his, her or
their application for a patent therefor, and who shall de
sire to obtain an exclusive property or right therein,to
make, use, sell aud vend the same, or copies of the
same, to others, by them to be made, used and sold,
may make application in writing to the commissioner
of patents expressing such desire; and the commis
sioner, on due proceedings liad, may grant a patent
therefor, as in the case now of application for a patent,
fertile term of three and one-half years, or for the
term of seven years, or for the term of fourteen years,
as the said applicant may elect in his application;
Provided,Tlint the fee to be paid in such application
shall be for the term of three years and six months, ten
dollars; for seven years, fifteen dollars; and for four
teen years, twenty dollars.
Sec. 42. .1 id be it fu rlhcr enacted, That all applica
tions for patents shall be completed and prepared for
examination within two years after the filing of the pe-
i tition, and in default thereof they shall be regarded as
| abandoned by the parties thereto, unless it be shown to
the satisfaction of the commissioner of patents that
such delay was unavoidable ; and all applications now
pending shall be treated as if filed after the passage of
tins net.
Sec. 43. And be it further enacted, That in all eases
where an article is made or vended by any person un-
dcrtlie protection of letters patent,it shall be the duty
of such person to give sufficient notice to tiie public
that said article is so patented, either by fixing thereon
the word patented, together with tiie day and year
the patent was granted, or when, from the character of
the article patented, that may be impracticable, by
enveloping one or more oftbe said articles and affixing
a label to the package, or otherwise attaching thereto
a label, on which the notice, with the date, is printed ;
on failure of which, in any suit for the infringement ol
letters patent by the party failing so to mark the article
the right to which is infringed upon, no damage shall be
recovered by the plaintiff, except on proof that tiie de
fendant was duly notified of the infringement, and con
tinued, alter such notice, to make or vend the article
patented.
See. 14. And be it further enacted. That tho com
missiouer of patents be and lie is hereby authorized to
print, or in his discretion to cause to be printed, ten
copies of tiie description and claims of all patents
which may hereafter lie granted, und ten copies of tiie
drawings of the same, when drawings shuil accompany
the patent : Provided, The cost of printing the text of
said description and claims shall not exceed, exclusive
of stationery, the sum of two cents per hundred words
tor each of said copies, and the coat of the drawings
shall not exceed fifty cents per copy ; one copy of the
above number shall be printed on parchment, to be af
fixed to the letters patent. The work shall be under
the direction and subject to the approval of the com
mission! r of patents, and the expense of the said copies
shall be paid for out of the patent fund.
Si c 45, And he. it. further enacted, That printed
copies of the letters patent of the Confederate States
with the seal of the patent office affixed thereto, and
certified and signed by the commissioner of patents,
shall be legal evidence oftbe contents of said letters
patent in all cases.
See. 46. And be it further enacted. That no diserimi
nation shall be made between the inhabitants of tiie
Confederate States aud those of other countries wliicl
shall not discriminate against Ihe inhabitants of the
Confederate States iu regard to patent office fees ; and
should any country discriminate against the Confedei-
ate States, the same fees shall be charged against the
inhabitants of said country ns are charged by it against
the inhabitants of the Confederate States.
Sec. 47’ And be it further enacted. That at the ex
piration of three years from the date of any patent
hereafter to be issued, there shall be paid to the com
missioner, by the patentee or assignee of such patent,a
fee often dollars, and the same amount at the expira-
tiou seven years : anil if such foes are not so paid, such
patent shall be deemed abandoned, aud shall be null
and void.
Sec. 49. And be it further enacted. That all moneys
received by the commissioner under this net shall fie
by him paid into the treasury, and shall constitute a
fund for the payment of the salaries of officers and
clerks herein provided for, and all other expenses of the
patent office, anil to he called u patent fund.
Sec 49. A mi he it further enacted, That all patents
heretofore granted and issued by the United States to
any person or persons now a citizen or citizens of eith
er ot the states of this Confederacy, or of the stutes of
Tennessee, Arkansas and North Carolina, or now held
by assignment by any such citizen or citize-ns, shall
continue iu force for the term for which they were is
sued yet unexpired, and if assigned in part only to any
citizen of this Confederacy, or of the states aforesaid,
shall continue in force for sucli pnrt : Provided, Said
assigment was bona fide made prior to the fourth day
of February, 1861: Provided further. Nothing contain
ed in this act shall be construed to recognize any re
newal or extension of a patent by the United States
heretofore made : Provided further, That patents or
the deed of assignment therefor provided for in this
section, shall be recorded in the patent office of the
Confederate States, and there nlso shall be deposited in
said office sucli models or descriptive drawings as may
be necessary to identity and explain the subject mat
ter of said patents ; and all persons claiming the bene
fit of this section shall pay to the commissioner of pa
tents the sum of twenty dollars for the use of the pa
tent fund, unless such patents are so filed for record,
with such drawings or models as aforesaid, within nine
months from the date of publication of this act, they
shall be considered as abandoned, and shall be null and
void. And it shall be the duty of the coimnisioner to
endorse on em.li patent so filed for record the date of
suc h filing, and also a certificate under the seal of his
office that said patent has been recorded, which certifi
cate shall he evidence o! fliefuetin any court ofjustk-e,
whether o( the state or oftbe Confederacy, and of the
the rights oftlie owner thereof to use said patent; and
such patents shall, inter they are recorded, be return
ed to the owner thereof.
Sec. 50. And be it further enacted. That in case the
original inventor or discoverer of the art, machine or
improvement for which a pntent is solicited is a slave,
the master of such slave may take ah oath that the
said slave was the original inventor; and on comply
ing with the requisites of the law, shall receive a patent
for said discovery or invention, and have all the rights
to which a pnteutee is entitled by law.
Approved May 21,1861.
Prom the Norfolk Day Book.
Northern News.
From the New York Herald and New York Tri
bune of the 1st instant, we continue our items of
Northern and European items :
41 It EAT IlltITAlN.
In noticing the telegraphic summary of the
Asia's news, the London l imes says :
“The news by the Asia is not encouraging.—
Looking at tlie vote of Congress and the approval
of the Navy Department on the Ban Jacinto affair,
tiie danger of war appears imminent. 'I lie Presi
dent however, has refrained from the topic, and
tliis goes some way toward neutralizing war-like
inferences. Had President Lincoln regarded tiie
thereby tandefed passage ou the met dangerous. ; Ae Gotten Crop a j I56L—-Quite a conflict < •’
We confess that we are compelled to look beyond ; opinion exists among the several reporters in r
these facts to discover the fl,r ,r: "" nf ■ -' irJ 10 the - c • - - c ‘
congratulation which runs
report, and to deserve tli
claimed for the Federal uavj _
Welles himself seems to think some further expla
nation necessary.
He urges, therefore, the onerous duties of block
ading a coast of three thousand miles ill length, of
the active pursuit of privateers, and ot the organi
zation of naval expeditions. This is all very well,
but -it is necessary to show tiiat these duties have
been awomplished. The naval expeditions have,
indeed, readied their destination, but, as they had
no enemy worth the name of an enemy to meet,tiie
renown of the Federal navy cannot be much raised
by what was little more than transport service
The privateers have, as we said before, not been
taken The blockade has been so notoriously a
failure tiiat nothing but the extraordinary scrupu
lousness oftlie European powers has allowed it to
continue. Ships have passed in and out at all
times just as they pleased, and, so tar as the har
bors are concerned, there has never been any diffi
culty in getting into them or getting osit of them.
The Federal Government has itselt emphatically
admitted tiie failure of their naval blockade, by au
act of barbarity which is unparrelleled in the liis-
Trent seizure as a subject of congratulation, lie [ tory of national wars. They have actually endea-
would probably liave alluded to it. If resolved to
uphold it, be would have read a lecture to neutral
nations ; 1 ut as it; has none none of these tilings,
tiie supposition occurs that lie lias by « studied si
lence left himself a door of retreat. The uncer
tainty oftlie ultimate issue still remains, although
the chances of peace are undoubtedly diminished.'’
It is stated that Pali lament will meetfor tiie dis
patch ot business on the J4iii or the Kith of Janua
ry, which is some weeks earlier than usual.
Lord Palmerston had beeu suffering from gout,
but latest accounts report iiitu much better.
ENGLAND CONTEMPLATES A VVAIt IN ANY EVENT.
[London (Dee. 13.) Cor. of the Manchester Guar.’]
The conviction forces itself upon many that the
day is not far di.-tant when tiie ouuthern Confede
ration must be recognized ; and tiiat recognition
may be expected to bring about a fresh difficulty,
in which we must be prepared to maintain our pol-
icy. It is with this view, and as a demonstration
of our intention to hold our own way, that the gov
ernment are sending out 10,900 men to Canada
without auy reference to tiie reply of the American
Cabinet. If Messrs. Mason aud Slidell landed at
Liverpool to-morrow not a soldier tiie less would
be sent out. If we are to have a war with the
North, in count ction with tins United Suites schism
there could he no more iavorable time than Ihe
present, it would be a short and decisive war,
and would have a vital influence on the preserva
tion of peace and the uninterrupted freedom of » tax upon the thirty thousand dollars, and
vored to undo n hat Columbus had done-—to shut
up from all mankind forever tiie ports which tin-
great discoverer opened to tlie human race, and to
destroy by artificial impediments the gaits by
which men of all nations enter and pass out of
some millions of square miles of fertile and produc
tive lands. This is a crime against ail human
kind. If it does not call down universal opposi
tion. it is only because the entei prise is believed to
be impossible as its design is execrable.
The t'onfrdrrnlo li ar Tnx.
In tiie tax bill enacted by the Confedrate Con
gress there is a clause placing a tax upon “all in
terest bearing bonds.” We learn that, according
to tiie construction of the law given by Secretary
Memminger, the tax payer will not be permitted
to deduct his liabilities from the amount of money
due him, although lie may be, in fact, in arrears.
Thus, if bis liabilities amount to $100,000, and
lie holds “interest bearing bonds’’ to the amount
of $50,000, he has to pay tax upon the $50,000,
when, in reality, he is worth nothing. Again, A
has purchased a farm at forty thousand dollars,and
sold his own for thirty thousand. He is in posses
sion of the forty thousand dollars farm, and lias to
pay a land tax thereon : at the same time lie holds
tiie bonds “interest-bearing” for tiie thirty thou
sand dollar farm, because the “stay law” prevents
their execution. He is, therefore, required to pay
commeice for many years to come, without our
Laving to pass through the ordeal of social and
mercantile contusion which wars, as a general rule,
entail. Our military departments are working
double time. I he clothing establishment at Pim
lico was at full work last night and tiie preceding
one.
It is a very common anticipation among per
sons of Canadian experience, that a war with this
country is likelier lo end in our acquisition of
Portland, than iu tiie capture of Montreal by the
lederal armies. In any ease, there are rectifica
tions of our Canadian frontier which eau scarcely
fail to follow upon war. The States frontier as set
tled by the Ashburton Treaty, closely hugs the
portage toad—our Canadian highway from the
coast—along a great part of its length. The Uni
ted States have two fortified ports close upon that
road, which would have lo be taken at the out
break of a war, as well as Cape House, (which
they have been lately strengthening,) within thirty
miles or so of Montreal.
Tiie London Observer of tiie 22d of December,
(ministerial organ,) says that England wishes for
peace, but that she will gain by war, as it will ena-
upon the forty thousand dollar farm. Tims paying
a tax upon seventy thousand dollars when in real
ity he holds only forty thousand dollars worth of
property. His bonds are fastened upon him, and
he cannot collect them. Again. B. holds A’s
lio..ds for the forty thousand dollar farm ; B must
therefore, pay a tax upon these bonds. Therefore,
the land purchased by A from B is paying a double
tax ; so is the land sold by A to C ; for A. pays a
tax 011 C's bonds for thirty thousand dollars ; and
C pays on the land in kind. Sucli a law, or the
construction of it. is certainly wanting in uniform
ity aud justice.— Richmond Examiner, 1st inst.
Intemperance in the Army.—One of the
duties which will devolve upon the Government
during tiie winter suspension of hostilities, and
which may be best attended to at that time, will
be au enquiry into the habits of the officers of the
army, as to their sobriety, with a stern dissinis-al
of those whose vicious indulgences disqualifies
them for their posts. We are sorry to say there is
too much necessity for instituting this enquiry. It
is a bitter mockery to arrest a drunken private,
whose fault is confined to himself, and leave 1111-
bales. The disturbed state i
red a
oses uf
her to rectify her American fioutiers, open the ! reproved the maudlin officer, whose fault involves
the usefulness, aud the comfort, and even the lives
of his command
The bawliugs of tiie besotted soldier in the guard
bouse are far less discreditable to the service, and
far less ominous of evil, than the revelries of the
General in his comfortable quarters. Drunkeness
is a vice to which many good and brave and gifted
men fail victims ; but wheu they do. however the
necessity is to be regretted, nothing remains but
to get rid of them. The dead timber must be
cleared away. If a drunkard is of any use in the
world, except as the trial of men's patience, and
woman's too, it is yet to be found out. But the
last place for him is that which puts him iu com
mand of others. How can he take care of a multi
tude, when he is unable to control even himself.
Imagine an officer called upon to issue orders
at a time wheu lie sees gobblins in the air, and
snakes and ants crawling over his couch ! Imag
ine him scanning a field when his eyes are red.
and swimming, and covered with mists .’ Hear him
issuing the word of command when hi* tongue
doubles and his senses reel ! To such victims of
such a vice we would appeal by all their pride,
ambition, love of country, regard for their soldiers
to set a worthier example. Such as are wedded
to their ways, should either see, or be shown, the
necessity of giving place to sober man --Richmond
Enquirer.
A Valuable SttuacsUon.—Tiie New Orleans Cres
cent of the 4th inst., says :
A correspondent sends us tiie following, which
we give a place iu our columns with pleasure, es
pecially as it might be the means of effecting a
consumation devoutly to be wished, i. e.. the exter
mination of the useless curs which encumber our
streets:
Mr. Local:—Assoou as the Leather Association
is ready, let a good price be offered for dogskins
There is, and will be, a scarcity of fine leather.
Nothing better than the hides of dogs for tiie man
ufacture of this article can be found, and they can
be used for various purposes, according to their
quality. New Orleans is full of these brutes, and
in a city all dogs are useless and often dangerous.
Yours, Boots & Shoes.
bit
ports ot the South, and give a lesson to tho United
States.
Ihe Loudon Herald bitterly criticizes Mr. Sew-
aid s foreign coriespoudence, charging him with
insolence, folly, and wickedness, as wanton and
mischievous as any that history records.
'Ihe London Times has aisa an editorial on Mr.
Seward s dispatches, and treats them with ridicule.
It says Mr. Seward assumes to instruct the entire
human race as to the origin of the rights and pros
pects of the war in America, and his confidence as
surances as to the dimensions and duration of the
war are belied before his words reach the public.
The Nouveliste De Kouen, ol December 5, as
serts that Mr. Slidell’s dispatches, which the New
lork Journals pretend were seized ou board the
Trent, have been safely brought to Paris by his
Secretary, Col. Leinat, an American of French
origin, aud that they were delivered with the seals
unbroken to Mr. Thouvenal.
A PRETTY PLOT SPOILED.
Several days ago Mrs. Greenhow, who was
among the first female arrests, and who is still in
prison received a cake from some friend of hers un
known to the guard. Before delivering it into her
hands, Lieutenant G. E. Sheldon, of the Sturges
llifles, suspecting something wrong, examined the
‘ ake aud found embedded therein, a note inform
ing that lady that arrangements had been made for
her escape aud conveyance to Richmond, naming
the day and hour for her deliverance- This infor
mation. however, was not communicated to her
by the Lieutenant, nor has the w riter of the note
been discovered.
MR8. BAXLEY, THE FEMALE SPY.
Mrs. Baxley, the female spy, arrested on board
the Baltimore and Old Point boat, with letters and
memoranda of a treasonable character concealed
about her person, has been brought here, aud a-
waits her examination. She maintains a dogged
silence upon points connected with her treason.
Mrs, Baxley had, not only in the folds of her
dress, but in tiie rolls of Ik r hair, contraband let
ters, which are in possession of the proper authori
ties.
MESSRS. MASON AND SLIDELL TO SAIL FOR EU
ROPE.
The New Y'ork Tribune of the first of January
says:
We have reason to believe that Mtson and Sli
dell will leave this country for England to-morrow.
Although it is not expected that Great Britain will
directly or by the implication of silence, asseut, to
all the positions of Secretary Seward, in his dis
patches to Earl Russel, there is little doubt that its
conclusions will be accepted as satisfactory.
Another dispatch says:
Boston. Dec. 30.—By instructions from Lord
Lyons, the British mail steamer Niagara will leave
here direct for Liverpool to-morrow, taking out the
rebels Mason and Slidell. Tho steamer Persia,
now in the St Lawrence, will take the. place of the
Niagara, which was announced to sail hence.
From the London Times.
Opinion of (hr Report of Mrrrrtiiry YVellrs
—She Blockmlr n Failure, anal the “Mtone
Fleet”n Crime again*! the Huutnu Kind.
for the discrepancy. Of the total exports of h*
United States, 182 202 hates went to Knew,,,/ j,, 10
122 to France, and 49,288 to other countries. ’ ..V
mg the total sent to Europe, 3,129,7H bales
Suit.—We have „ n onr Round Table a so*..;,,
of Salt, manufactured by a decrcpid „ei r<)
the water ot Sapelo river, some twenty „fi|e S f
the sea, on the plantation of Mr. D.ufiel M-nT"
aid. Though a little dark, it may be consul, U
very good articl-, answering all tiie puri
salt in curing meats, &c. Three kettles ;
and the product is nine bushe s per week' «
we call pretty fair earnings with salt at S qj D( !’
s ick. How long will our seacoast planters anl
present prices tor an article that can be so ersi fo
made.—8«r. Pip. Jan. 8. a!m - v
3'roni FoiumbiH,
Memphis, Jan. 8.—There is nothing‘of ; m
portanee from Columbus, Ky.
Twenty Federal Officers have resigned at Cairo
and returned to their homes.
Running the Blockade.- -We learn from
the Mobile Registet of the 5th inst., that
the C. S. steamer T underbill has "ot sa{e-
into New- Orleans with 90,00.) pounds of
powder, 10,000 Enfield rifles, and an as
sorted cargo.
The Burnside Naral Expedition.—The
Burnside expedition will not leave Annap
olis until after Christmas day. The steam
transports Picket, Chasseur. Huzzar, Mayo
Suwanne, Northerner, Lancer aud Vidette
have arrived there, and the former vessel
will probably he the flag ship.
'1 he Nashville Gazette says, that in
stead of the loss by the late burning of
ordnance supplies in that city reaching
two million of dollars, as reported, it will
not exceed, at an extravagant estimate
5600,000.
Homicide m Ttciggs.--We regret to
learn that a difficulty occurred in Twi<ro- s
county, on Wednesday, in which Mr
James Monroe Ware was killed and Mr.
Newby mortally wounded. We have not
learned how the affair commenced.
Macon Telegraph,
The Marshal After Gen. Braga. The
Provost Marshal of Pensacola, publishes
a list of passengers arrived there by rail
road on tlic rid inst., with a star opposite
the names of those who did not report
themselves according to instructions. Mar
shal says “any information concernin"
them will be thankfully received.” Amon”
the list who did not repoit themselves to
the officer are Gen. Bragg and wife, and
his Adjutant General and wife.
Columbus Sun.
“Conic on! You that lore your Country,
Follow me.”—By letters recently receiv
ed from the army, w-e learn that the
foregoing were about, if not the very last
words uttered by the late much admired
but now deeply lamented Lieut. Col. J.
B. Martin, when about to lead his men
in the charge. We have been scarcely
able to repeat them since, without a falter
ing voice, and eyes dim with tears. They
will stand side by side in history, with the
last words of the noblest, the greatest
and and best of our land.—Jacksonville
Republican.
Calculating Largely.—Speaking of the
Herald, one of the Cincinnati papers says:
The New A ork Herald is devising what
to do with onr army and navy after next
4th of July, before which time, it says,
“rebellion will have been crushed out, and
the anniversary of oar national indepen
dence will be celebrated with unwonted re
joicing by a once more united people.”
In order to keep them employed, it sug
gests the avenging of the indignities of
fered its by England, France and Spain,
in the prospective intervention in Mexico,
the expulsion of every vestige of English
and Spanish rule front the North American
continent, the extension of the empire of
the United States over Canada to the
North pole on the one side and the Isth
mus of Darien on the other.
[From the Londou Times, Dec. 15. J
Thr Ainrriron Qumlioii in Englnnd—Lin-
colu’s Jlemogc.
THE OPINION OK THE LOSDe
We turn, then, to the report of Mr. Gideon
Welles, the Secretaty. to the Federal Navy, for
explanation of these hollow or enigmatical phrases
in which Mr. Lincoln boasts that the American
Navy created since the present difficulties began,
has performed deeds which have increasad the
naval renown oftlie U. S. No nation has less rea
son to underrate the renown of the American Na
vy than wo have. Since that it rests almost en
tirely upon the capture of the three or four Eng
lish frigates under circumstances of extraordinary
disparity, and seeing also that its victories were
gained entirely by English sailors who had been
seduced from our service by a disparity in the rate
of wages, which, if onr Admiralty is not absolute
ly insane, will never again occur, we have tho
best possible reason for respecting that renown.
Our difficulty is to discover how that renown has
been increased by the events of the civil war.
That Mr. Gideon Welles has used a certain iudus
try in the department under Lis control, wo are
quite pepared to admit.
He tells us that on the 4th of March last, the ef
fective American navy consisted of only forty-two
vessels of all classes, carrying 555 guns and about
7,500 men—a very small navy for a power which
proposes to defy all the navies of the world and to
take liberties within the commercial ships of all
nations. He says that at the date of his report he
had increased this small naval force to two hundred
and sixty-four vessels and 24.000 seamen. This is
creditable to Mr Welles as an official man, but the
result is not exceedingly terrible, especially when
he proceeds to tell us how this has been accom
plished, by hiring all sorts of commercial vessels
and gathering together every floating thing that
would carry a gun. Tbete figures repiest nt a na
val force which would be very terrible to Prussia,
which might alarm the fleet of Italy, and which
would call for an effort from Bpain, but which
France could easily destroy, and England cannot
but bold exceedingly cheap This is not the navy
of a first class Power, it is enough for a people
who desire to be at peace, but it is ridiculous
for a people who insists upon being quar
relsome. A little man who holds his own
against a big man who is trying to bully him has
every bystander’s sympathies in bis favor, but
nothing is more contemptible than a little man
who is noisy and offensively only in reliance upon
the impunity which lie expects on account of his
own weakness ami tiie generosity of those whom
he insults To sustain the pretensions of Federal
statesmen to insult all neutral nations,Mr. Welles’
increased navy is still but a contemptible flotilla.
Very different, however, is its forces as propor
tioned to the enemy with which it is immediately
matched. The Confederate States have no navy
at all. Against them the nr.vy of Mr. Welles is a
giant against a dwarf. Within the last few months
the Ftiierai Government has had 264 ships and
24,060 men, and their enemies only two or three
wretched privateers and some craft fitted fir inland
uavagatiou. Y'et we believe that the Sumter is still
plundering the Federal commerce, and we know
that the Harvey Birch was burnt close to our own
shores; we see a “sensation heading” in the last
New-York papers that “the Federals are block
ading the channel of Tybee Island, and Fort Pu
laski,” and we have Mr. Welles’ own testimony,
that although his navy 'continued to capture every
rebel vessel winch showed itself on the Potomac,’
it ceased to do so 'when the rebels erected batter
ies on sundry points of the Virginia shores, and
The style of the American President has fallen with
the fortunes of the Republic. Instead of the jolly, rol
licking periods of former days, each ot which seemed
to suggest at its close a stave of 'Hail Columbia,’ we
havt now got a diseoursive ami colloquial essay, ill-
arranged and worse expressed. N’ur does the matter
redeem the style. It is really wonderful, when \v
eider the present state oftlie American Republic, now
anyone placed in the position of Mr. Lincoln could
have taken the trouble to produce so strange a medley,
so iucoinposite a rhapsody. There arc several subjects
on which wo earnestly desire information, and 011 no
one is it afforded. Above all tilings, we want to know
what view the American Cabinet takes oftlie affair of
the Trent, what advice it has received from its legal
counselors, and with what feelings it approaches the
coming controversy. On this point there is not a word.
Then, we should like to hear a little of the financial
measures by which the equilibrium between revenue
und expenditure is to be preserved in the face of so
vast an outlay.
We should like to know what measures the Presi
dent proposes to adopt with regard to the slave popula
tion of the Southern States ; whether, with one-half of
his Cabinet, he is for emancipation, or, with the other
half of his Cabinet, for a maintenance of the rights of
the slaveowner. On these points our oracle is si ent.
It is not easy to see why Mr. Lincoln should have
omitted from liis speech all notice of tho case of the
Trent. If he means to give up the persons illegally
seized, one would have thought it no unwise precau
tion to prepare the public mind for sueh 11 decision. If
he menus to keep tiiein, we canuot understand why ho
does not grasp at all the popularity that is to be bad in
exchange for present war and future ruin, instead of
allowing it to ire picked up by obscure members of
Congress embarking iu a contest whether the trans
cendent merits ol Com. Wilkes would be best rewarded
by thunks or by a gold medal. Possibly the simple so
lution may be that the President has yet arrived at no
solution at all, aud that, perplexed by the divisions of
his Cabinet, lie has been content to let the matter alone
till events shall determine for him that which he is un
able or unwilling to determine for himself.
He will not have long to wait. Each successive
mail brings us the report of some iustance in which
the Amci lean nation is, step by step, committing itself
to a war policy with England," till, when challenged
for its finul decision, it will probably find that it lias
gone too far to have any power of retraction.
PROSPECT OF A FUSS IN CUBA-
The New Orleans Delta learns Ins Ex
cellency Don Francisco Sarrano, the Cap
tain General of Cuba, has expressed his
indignation at the frequent outrages com
mitted by Federal cruisers almost within
sight of the Forts at Havana, in over
hauling vessels leaving the port of Havana.
Several messages have been sent by him
to the Consul of United States in regard
to these outrages, and the commanders
of the fort have orders to keep a look out
and if any United States ship is discov-
j ered in the act of chasing or boarding any
ship within cannon shot, to open upouaud
;ink her.
The captain General has been so dis
gusted by the audacity and insolence ofthe
Yankee shippers, that he openly declares
. | ids sympathy with the Confederate brates,
his determination to protect their ships,
their citizens and their tlag whilst within
his jurisdiction, and his conviction of the
utter insanity of the futile attempt of the
Yankees to subjugate the South.
SPECIAL NOTICES.
El. EL
The Engle Hides his Head for Shame.—A Wash
ington correspondent of the Richmond Examiner
writes:
“On the day that Seward signed the ignomini
ous surrender of Mason and Siideli. it is said an
eagle perched upon the summit of the capitol and
hid nis head under his wing. He was shot at
and killed by a Y'ankee sutler.”
Gan. Brown ami the Sail.—Verily Gov. Blown is,
accoidiug to the showing of his enemies, a terrible
fellow. At one time lie li is driven all the salt out
ot the State, but still it is as plenty aud as
cheap as anywhere else. He says he has more
than he wants for the use of the State ; stops seiz
ing it, and gives his agents orders to sell part of
what he has seized, and the price goes straight up
and Brown raises the prices! We wonder what is
the reason that salt is so high everywhere else, and
how it is that people don’t buy it aud bring it here,
since there is no longer any danger of its being
seized ? Wonder if he didu’t cause the factories to
double aud quadruple the price of their goods.
Did Brown’s seizure of salt in Georgia raise the
price in all the Confederate States ! If he had
iiotseized it, would it have been cheap here and
high everywhere else V—Columbus Corner Stone
A N’ew Plan of Mubjugntion.
Memphis, Jan. 8.—A mercantile firm here has
a letter from a friend of the South in Kentucky,
stating that the Federal Government has made
clandestine arrangements with pardoned convicts
and other desperate characters at the North to
scatter them through the South, for the purpose of
setting fire to and burning everything, especially
manufactories and machine shops. The Federal
Government will pay all the expenses of these in
cendiary accessories, believing this to be a good
mode of crippling the South. This information
was obtained from a party employed by the Feder
al Government, and communicated it to warn the
South by « sympathizer with the Confederate
movement.
RADWAY’.8 REGULATING PILLS.
Blessed as a Providential Specific by the Church.
The Catholic Priests nf South America Cure the
Sick with lladway's Pills.
The invali'l world discharging the cathartic poison*
Mercury ami Calomel, demand RAD WAY'S KEGl -
LATIN vi PILLS. Aud why ? Because they operate
immediately, but inildlv; because they do not scrape
and i-onvu&e the bowel* like the corrosive purgative
and common pills, because one of them in more efficient
than ten of those that are given wholesale; hecau-e
they enable the sick to sleep, being composing, inatesa
of irritating; because tiny cure all the bowel ami stom
ach complaints, resulting from cold, exposure, a !!l -
dump, unhealthy air.- in short because they regulate
and tone t he whole system, equalizing the whole sys
tem, equalizing the circulation, and restoring to the
digestive organs uniform a ad healthy action.
I11 South America, the Priests oftlie Catholic church
administer them lo the sick. In the city of ynito, the
the capital of Equador, the Archpishop ii-es Radway *
Ready Relief, and the Preasts are curing the sick,
afflicted with diseases of the liver, stomach, bowels
and kidneys, with marvellous speed. Iu these coun
tries, Quiuiae, Calomel, and Mercury is administered
iu wholesale doses. Itadway’s Pills have effected
wonders in em-liorating the sufferings of the people,
induced by the use of these poisons.
KADWAY8 READY RELIEF.
Kadw.vv's Ready Relief is the most prompt remt
dy in the known world, it instantly checks di.-esse 1
that would porve mortal if uuarrested, and gives tini-
for ulterior treatment. It stops spasmodic action ar t
revives persons from aspyxia or apparent death-
Tluise who take it as an occasional tonic, may
noxious inhalations. It prevents and cures fever nut
ague. Given on the first appearances of any acute
disease it wards off the attack. Keep it always where
it can be instantly found in the night, ill case ot sainh u
Cholera, Cholic, Neuralgia, Cramp, Paralysis. Rheu
matic pains, sUc., i.c. Applied outwardly to external
hurts, it removes pain aud prevents inflamstiou-
Radu-at’s Kknovatim. Resolvent is performing
prodigies in bronchitis, and ul! the lung and throat dis
eases common atthis season. I11 conjunction with*
Rkiu'lati.vg Pills it succeeds when all other treat
ment fails. Every eruptive anil ulcerous ina ! u j ,;'
hereditary or casual, gives way to its purifying m '
euce.
Some remarkable cures ofopthalmia, sore eves,
nose, sore mouth, und cancer, have been recently
ted by Railway's Renovating Resolvent, it is the ony
positive cure for cancer, syphilis, scrotula, und con-
tutiouul infirmities in the world.
Railway’s Remedies are sold by druggists every
where.
RADWAY & CO., 23 John Street,NA
AGENTS. ,
IIERTY St, HALL, Miffedgeville; DAVIS '
GREEN, Eatonton; J. C. BATES, Louisville; A- *
ALLEN, Sandersville.
Jt^
Advice—As the hot season is approaching, e'ert
person should prepare their system for the
there is no remedy so applicable a* t u
Strengthening Cordial and Blood Purifier, it r
rify the blood thorough-, and at the *“*" t j oB .
strengthen and invigorate the whole o r g* * rool
The immense quantity of it that is sow dauy> ** k
enough of its great virtues in thoroughly r ; t 1
It is delicious to take,
column.
24 2t
py If you have the
Box of thistruly wondertolS* .
and by using it todays*®*
cal influence will be frit acd^
e—cnl-Kv HertV * ft*"'
PILKSAI.VK!
Dr. Cavanaugh’s
GENUINE
PILE SAIsVB! -y . . H , rtv
efet cure willfoliow. For *sl« by Herty