RESOLUTION AND REMARKS IN THE SENATE, DECEMBER 16, 1861.

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.

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