Thomas Jefferson Got It Right

New York Law School, among its many strengths, boasts a plethora of Thomas Jefferson scholars, including: R.B. Bernstein (author of Thomas Jefferson), Annette Gordon-Reed (author of Thomas Jefferson and Sally Hemings: An American Controversy ), David Post (author of the forthcoming Jefferson's Moose in Cyberspace), and James Simon (author of What Kind of Nation: Thomas Jefferson, John Marshall, and the Epic Struggle to Create a United States).

So when I read an uncited reference  to the fact that Thomas Jefferson, founder of the US Patent Office and the first patent examiner, enlisted the help of "staff" from the University of Pennsylvania for support in examining patents, I turned to these august Jefferson experts for confirmation and support.  Was it indeed true that TJ was right (as always, it seems) in recognizing the need for scientific expertise in making the legal determination of patentability?  Did Jefferson formally or informally consult with scientists?  Did he avail himself of support from U.Penn?  Did he, in fact, practice patent examination in the way that Community Patent Review proposes by intertwining scientific and legal expertise?

Anette Gordon-Reed writes, citing Dumas Malone, that TJ  engaged in consultations with American mathematician, inventor and astronomer, David Rittenhouse when he was working on the units of measurement.

R.B. Bernstein writes:

I transcribe below Thomas Jefferson to Joseph Hutchinson, Professor of Chemistry at the University of Pennsylvania. The letter is dated 12 March 1791, cited and quoted in White, The Federalists at 137. The letter is in Series 1, General Correspondence, of the Papers of Thomas Jefferson at the Library of Congress.

I append (Download here) a scan of the letter from the Library of Congress American Memory website for the Thomas Jefferson Papers:

Philadelphia, Mar. 12, 1791.

Sir,

Congress having referred to me a petition from a person of the name of Isaacs, setting forth that he has discovered an easy method of rendering sea-water potable, I have had a cask of sea-water procured, & the petitioners have created a small apparatus in my office, in order to exhibit his process.  Monday morning 10 aclock is fixed on as the time for doing it.  it would give me great satisfaction to be assisted on the occasion by your chemical knowlege, & the object of the letter I have taken the liberty of writing is to ask whether it would be convenient for you to be present at the time & place beforementioned, which, besides contributing to a public good, will much oblige, Sir,

Your most obedt
& most humble servt

Th: Jefferson

Bernstein goes on to write that: "Leonard White reports that the test at Jefferson's office apparently did not succeed, so the petitioner did not get his patent approved. [White, THE FEDERALISTS, 137]."

Comments

[Kathryn Shepherd]

Such a brilliant idea to add an economic incentive to the First Amendment to spur creativity and innovation.