325. To secure an exclusive right to make, use and sell any new and useful invention, the inventor must allege that he has invented a new and useful art, machine or manufacture, not known or used before the application, and must present a petition to the secretary of state, for an exclusive property in the same. The secretary of state then causes letters patent to be made out, in the name of the United States, signed by the president, reciting the allegations and suggestions of the petition, giving a short description of the invention or discovery, and granting to the petitioner, for a term not exceeding fourteen years, the sole right to make and vend the said invention or discovery. These letters patent are delivered to the attorney general of the United States to be examined; who, within fifteen days, if he finds them conformable to the law, certifies to the same, at the foot thereof, and returns them to the secretary of state. The secretary of state presents the letters patent thus signed, and causes the seal of the United States to be affixed to them. They are then recorded in a book for that purpose, in the office of the secretary of state, and delivered to the patentee, or his order.

325. Patents may, in a similar manner, be obtained by any person for an improvement in an invention; but he may not use the original invention, nor may the original inventor use the improvement. When the patent is for an improvement, the nature and extent of the same must be stated in the specification.

327. Every inventor, before he presents his petition to the secretary of state, must pay into the treasury thirty dollars. He must also swear or affirm, that he verily believes that he is the true discoverer of the art or improvement for which he asks a patent; and that the same has not, to his knowledge, been known or used, either in this or any other country. If it shall appear, that such inven

entered? 325. What is required of an inventor to secure a patent right? How are letters patent made ou.? 326. How are patents for improvements obtained? 327. How much is paid for a patent right? What oath is required of an applicant? 328. What is the

tion had been known or used previously to his application for a patent, the patent shall be void.

328. Any person who shall make, use or sell any invention, the right of which is secured to a patentee, shall forfeit a sum equal to three times the actual damage sustained by the patentee, by reason of the offence. If, however, it shall be proved, that there was in the specifi cation any false statement, made to deceive the public, or that the thing thus secured was not first discovered by the patentee, or that the patent was surreptitiously obtained for the discovery of another person, judgment shall be rendered for the defendant. Prosecution for the violation of patents and copy rights must be made in the circuit court of the United States.

329. Patents and copy rights may be assigned and transferred to others; and the assignees have all the rights secured to the original parties. Rights may be obtained by the heirs of inventors who have died before such rights were obtained.

CHAPTER XIX.

Piracy-Felonies on the High Seas, &c.

330. The power "to punish piracies and felonies committed on the high seas, and offences against the law of nations," is, from its very nature, vested exclusively in congress. Piracy is the crime of robbery and depredation committed upon the high seas.

It is an offence

against the universal law of society, a pirate being hostile to the human race; and as he has renounced all the benefits of society and government, by declaring war against all mankind, all mankind must declare war against him.

penalty for a violation of a patent right? 329. Are patents and copy rights transferrable? 330. Where is the power to punish

As it is an offence against the law of nations, every nation has a right to attack and exterminate pirates, without any declaration of war.

331. By statutes, both in England and in the United States, certain offences are made piracy. By the laws of the United States, if a person cominit, upon the high seas, out of the jurisdiction of a state, murder or robbery, or any other offence which, if committed in the body of a county, would, by the laws of the United States, be punishable with death. It is declared, further, that if a captain or mariner of any vessel shall feloniously run away with the vessel, or any goods or merchandize to the value of fifty dollars, or shall yield up a vessel voluntarily to pirates; or if a seaman shall lay violent hands upon his commander, to prevent him from defending the ship or goods committed to his trust, or shall make a revolt in the ship; every such offender shall be adjudged a pirate and felon, and be punishable with death.

332. The African slave trade, which was tolerated for many years after the constitution was adopted, was, in 1820, declared piracy. If a citizen of the United States. being of the crew of any vessel owned in whole, or in part, by a citizen of the United States, shall be engaged in the foreign slave trade, he shall be adjudged a pirate, and suffer death.

333. The transportation of slaves from the United States, by citizens of the United States, to any foreign country, was prohibited by acts of March 1794, and May 1800. But as the importation of slaves was authorized by the constitution until 1808, no law prohibiting their importation, could be passed by congress, to take effect before that time.

334. By the law of March, 1807, it was prohibited under severe penalties, to import slaves into the United States, after the first of January, 1808. In 1818, to pre

piracy vested? What is piracy? 331. What acts are declared piracy by the laws of the United States? 332. When was the slave trade declared piracy? 333. When were the exportation and importation of slaves respectively prohibited? 334. What is provided

vent all concern in the trade, on the part of our citizens, they were forbidden to carry slaves on freight, or from one port to another of the same foreign empire, as well as from one foreign country to another. The act of March, 1819, went further, and authorized national armed vessels to be sent to the west of Africa, to stop the slave trade, so far as citizens or residents of the United States were engaged in it; and their vessels and effects were made liable to be seized and confiscated. The act of

May, 1820, went still further, and declared, that if any vessel, armed or navigated for or on behalf of a citizen of the United States, should land on a foreign shore, and seize a negro or mulatto, with intent to make him a slave, or should decoy, or forcibly bring such negro on board such vessel, he should be adjudged a pirate, and should be punishable with death.

335. If a person, upon the high seas, within the admiralty jurisdiction of the United States, and out of the jurisdiction of a particular state, shall murder, or otherwise so injure any other person, that he shall afterwards die upon the land, the offender shall suffer death. If a person shall wilfully destroy, or aid in destroying, a vessel of war of the United States on the high seas; or if, being the owner of such vessel, he shall corruptly cast away, or aid in destroying the same, with a design to prejudice any person that has underwritten a policy of insurance, he shall suffer death.

336. For maliciously attacking a vessel with intent to plunder the same, the offender shall be punished by a fine not exceeding five thousand dollars, and imprisonment not exceeding ten years. Numerous other crimes committed within admiralty jurisdiction, are punishable by fine and imprisonment, in proportion to the aggravation of the

offence.

337. If a person, within a fort, arsenal, navy yard, or magazine, shall burn a dwelling house, store, barn or

by the several acts of 1807, 1818, 1819, 1820? 335. What offences, upon the high seas, within admiralty jurisdiction, are punishable with death? 336. What offences by fine and imprisonment? 337.

other building, he shall be punishable with death. There are other crimes which, if committed within any territory over which the United States have jurisdiction, are punishable with fine and imprisonment. All offences enumerated in this chapter must be tried in courts of the United States.

338. Offences against the law of nations, are, besides piracy, violations of safe conducts or passports, and infringements of the rights of ambassadors and other foreign ministers. A safe conduct contains a pledge of the public faith, that it shall be duly respected; and the observance of this duty is essential to the character of the government which grants it. An ambassador cannot be made answerable in a court of justice. Any writ or process issued against an ambassador, is void. If he commit an offence he must be sent home, to be punished by the laws of his own country.

339. The statute law of the United States provides, in furthering the general sanction of the public law, that persons who violate passports, shall be imprisoned, not exceeding three years, and fined at the discretion of the court. The like punishment is inflicted upon persons who infringe the law of nations by offering violence to public ministers, by being concerned in prosecuting or arresting them. This is an offence highly injurious to a free and liberal intercourse between different governments, and mischievous in its consequences to a nation; as it tends to provoke the sovereign whom the minister represents, and to bring upon the country in which he resides, the calamity of war.

What offence on land, within U. S. jurisdiction, is punished with death? In what courts are these offences tried? 338. What are offences against the law of nations? What does a passport or safe conduct contain? What privilege has an ambassador? 339. How are these offences punished?