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Sparks, Edwin Erle, 1860-1924

"The United States of America, Part 1"

The Legislatures of various States
continued the practice after the Revolution, although there was no
system of inter-recognition of patents between the States. Fitch, the
steam-navigation experimenter, secured exclusive rights on his steamboat
from Virginia, Maryland, Pennsylvania, New Jersey, and New York, and
even then was unprotected in the remaining States. This power so
evidently belonged to the national instead of State governments, that
it was never questioned in the convention, although it had not been
included in the Articles of Confederation. Indeed, so essential was
the necessity for the development of home resources felt to be that
at one time the convention had considered transferring from the States
to the Federal Government the general practice of "establishing public
institutions, rewards, and immunities for the promotion of agriculture,
commerce, and manufactures."
This paternalism was eventually confined in the Constitution to patents
and copyrights. Within a fortnight after the beginning of the House
sessions, David Ramsey, the South Carolina historian, petitioned
Congress for the sole right to sell his books for a limited term of
years.


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