Mr. Sumner offered the following resolution, and asked for its
present consideration.
“_Resolved_, That the Committee on Patents and the Patent
Office be directed to consider if any further legislation
is necessary in order to secure to persons of African
descent, in our own country, the right to take out patents
for useful inventions, under the Constitution of the United
States.”
MR. PRESIDENT,--If I can have the attention of the Chairman of the
Committee on Patents, I will state to him why this resolution is
introduced. It has come to my knowledge that an inventor of African
descent, living in Boston, applied for a patent under the Constitution
and laws of the land, and was refused, on the ground, that, according
to the Dred Scott decision, he is not a citizen of the United States,
and therefore a patent cannot issue to him. I wish the Committee to
consider whether in any way that abuse cannot be removed. That is all.
The resolution was considered by unanimous consent, and agreed
to.
* * * * *
The Committee made no report on the resolution. It was a case
for interpretation rather than legislation, and the question,
like that of passports, was practically settled not long
afterwards by the opinion of the Attorney-General, that a free
man of color, born in the United States, is a citizen.[9] Since
then patents have been issued to colored inventors.