"HENRY L. ELLSWORTH.
"Mr. Obed Hussey, Balto., Md."
Hussey acted on this official advice, and did "postpone an application until near the time the patent would run out"—literally so, for he was not advised of even the "thirty days' rule."
Why Mr. Hussey's Application Was Late
When he again applied, and not "until near the time the patent would run out," Edmund Burke was Commissioner of Patents. He states in a letter to Senators Douglas and Shields, under date March 4th, 1850, as follows:
"In relation to the patent of Hussey, if my memory serves me, his patent expired some time within the latter part of December, 1847. During that month, and within some ten or twelve days before the expiration of his patent, he applied to me as Commissioner of Patents for an extension. I informed him, that inasmuch as the act of Congress prescribed the mode in which patents should be extended; required a reasonable notice to be given to the public in sundry newspapers, published in those parts of the country most interested against such extension; and as the board had decided that 'reasonable' notice should be a publication of the application for extension three weeks prior to the day appointed for the hearing, there was not time to give the required notice in his case; and I advised Mr. Hussey not to make his application, and thus lose the fee of $40 required in such cases, as he inevitably would, without the least prospect of succeeding in his application—but to petition Congress for an extension, which body had the power to grant it."
An Able and Unanswerable Report
"Washington, 5th Sept., 1854.
"Obed Hussey, Esq., Baltimore:—
"My Dear Sir: I have recently learned, with surprise and indignation, that certain speculating harpies who fill their coffers with the products of other men's brains, and who, in your case, seek to 'reap where they sow not' are basely and unjustly endeavoring to prevent a renewal of your patent for your Reaping and Mowing Machine,' upon the ground [among others] that you and your agents have neglected to press your Claim properly before Congress.