On the 9th of April, 1869, a bill authorizing the Commissioner of Patents to reconsider the application of Rollin White for extension of his patents was introduced in the Senate and passed without debate. It passed the House without debate on the 10th of April, but failed to receive the signature of the Vice-President before Congress adjourned. It is understood that it has now been signed by that officer, and only awaits the approval of the President to become a law.
Unless the ends of justice require the extension of this patent, it should not be renewed. So far as I have been able to ascertain, justice to the Government and to the public forbids this patent from being renewed.
The validity of the patent has been questioned for many years, and it is understood that it was only affirmed by the Supreme Court by a tie vote, four of the justices voting affirmatively and an equal number negatively.
Its renewal is urged by Rollin White upon the ground that he has not been sufficiently compensated for his invention. Rollin White has received nearly $71,000 as royalty. Smith & Wesson, for the years 1862, 1863, 1864, 1865, 1866, 1867, and 1868, returned incomes amounting in the aggregate to about $1,000,000. This was derived chiefly from the manufacture of firearms under Rollin White’s patent, that firm holding the exclusive right to manufacture under it and being engaged almost exclusively in their manufacture.
It is believed that the Government suffered inconvenience and embarrassment enough during the war in consequence of the inability of manufacturers to use this patent, and that its further extension will operate prejudicially to its interest by compelling it to pay to parties already well paid a large royalty for altering its revolvers to use metallic cartridges.
For these reasons I respectfully request that you will call the attention of the President of the United States to this subject before he acts upon the bill which is now before him.
Respectfully, your obedient servant,
A.B. DYER,
Brevet Major-General, Chief of Ordnance.
EXECUTIVE MANSION, July 14, 1870.
To the Senate of the United States:
I herewith return without my approval Senate bill No. 476, “An act to fix the status of certain Federal soldiers enlisting in the Union Army from the States of Alabama and Florida,” for the reasons embodied in the following facts, which have been obtained from the office of the Second Comptroller:
The First Regiment of Florida Cavalry, composed of six companies, was organized from December, 1862, to August, 1864, to serve three years. It was mustered out of service November 17, 1865, by reason of general order from the War Department discharging all cavalry organizations east of the Mississippi.
The men of this regiment enlisting prior to July 18, 1864, received $25 advance bounty at muster-in, and the discharged soldiers and heirs of those deceased have been paid the same bounty under act of July 22, 1861, joint resolution of January 13, 1864, an act of July 28, 1866, as men enlisted at the same time in other volunteer organizations.