The Writings of Thomas Jefferson, Vol. 6 (of 9)

These verbal descriptions, applying so exactly to Mr. Evans' elevators, and the drawings exhibited to the eye, flash conviction both on reason and the senses that there is nothing new in these elevators but their being strung together on a strap of leather. If this strap of leather be an invention, entitling the inventor to a patent right, it can only extend to the strap, and the use of the string of buckets must remain free to be connected by chains, ropes, a strap of hempen girthing, or any other substance except leather. But, indeed, Mr. Martin had before used the strap of leather.

The screw of Archimedes is as ancient, at least, as the age of that mathematician, who died more than 2,000 years ago. Diodorus Siculus speaks of it, L. i., p. 21, and L. v., p. 217, of Stevens' edition of 1559, folio; and Vitruvius, xii. The cutting of its spiral worm into sections for conveying flour or grain, seems to have been an invention of Mr. Evans, and to be a fair subject of a patent right. But it cannot take away from others the use of Archimedes' screw with its perpetual spiral, for any purposes of which it is susceptible.

The hopper-boy is an useful machine, and so far as I know, original.

It has been pretended by some, (and in England especially,) that inventors have a natural and exclusive right to their inventions, and not merely for their own lives, but inheritable to their heirs. But while it is a moot question whether the origin of any kind of property is derived from nature at all, it would be singular to admit a natural and even an hereditary right to inventors. It is agreed by those who have seriously considered the subject, that no individual has, of natural right, a separate property in an acre of land, for instance. By an universal law, indeed, whatever, whether fixed or movable, belongs to all men equally and in common, is the property for the moment of him who occupies it; but when he relinquishes the occupation, the property goes with it. Stable ownership is the gift of social law, and is given late in the progress of society. It would be curious then, if an idea, the fugitive fermentation of an individual brain, could, of natural right, be claimed in exclusive and stable property. If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density in any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation. Inventions then cannot, in nature, be a subject of property. Society may give an exclusive right to the profits arising from them, as an encouragement to men to pursue ideas which may produce utility, but this may or may not be done, according to the will and convenience of the society, without claim or complaint from any body. Accordingly, it is a fact, as far as I am informed, that England was, until we copied her, the only country on earth which ever, by a general law, gave a legal right to the exclusive use of an idea. In some other countries it is sometimes done, in a great case, and by a special and personal act, but, generally speaking, other nations have thought that these monopolies produce more embarrassment than advantage to society; and it may be observed that the nations which refuse monopolies of invention, are as fruitful as England in new and useful devices.

Considering the exclusive right to invention as given not of natural right, but for the benefit of society, I know well the difficulty of drawing a line between the things which are worth to the public the embarrassment of an exclusive patent, and those which are not. As a member of the patent board for several years, while the law authorized a board to grant or refuse patents, I saw with what slow progress a system of general rules could be matured. Some, however, were established by that board. One of these was, that a machine of which we were possessed, might be applied by every man to any use of which it is susceptible, and that this right ought not to be taken from him and given to a monopolist, because the first perhaps had occasion so to apply it. Thus a screw for crushing plaster might be employed for crushing corn-cobs. And a chain-pump for raising water might be used for raising wheat: this being merely a change of application. Another rule was that a change of material should not give title to a patent. As the making a plough-share of cast rather than of wrought iron; a comb of iron instead of horn or of ivory, or the connecting buckets by a band of leather rather than of hemp or iron. A third was that a mere change of form should give no right to a patent, as a high-quartered shoe instead of a low one; a round hat instead of a three-square; or a square bucket instead of a round one. But for this rule, all the changes of fashion in dress would have been under the tax of patentees. These were among the rules which the uniform decisions of the board had already established, and under each of them Mr. Evans' patent would have been refused. First, because it was a mere change of application of the chain-pump from raising water to raise wheat. Secondly, because the using a leathern instead of a hempen band, was a mere change of material; and thirdly, square buckets instead of round, are only a change of form, and the ancient forms, too, appear to have been indifferently square or round. But there were still abundance of cases which could not be brought under rule, until they should have presented themselves under all their aspects; and these investigations occupying more time of the members of the board than they could spare from higher duties, the whole was turned over to the judiciary, to be matured into a system, under which every one might know when his actions were safe and lawful. Instead of refusing a patent in the first instance, as the board was authorized to do, the patent now issues of course, subject to be declared void on such principles as should be established by the courts of law. This business, however, is but little analogous to their course of reading, since we might in vain turn over all the lubberly volumes of the law to find a single ray which would lighten the path of the mechanic or the mathematician. It is more within the information of a board of academical professors, and a previous refusal of patent would better guard our citizens against harassment by law-suits. But England had given it to her judges, and the usual predominancy of her examples carried it to ours.

It happened that I had myself a mill built in the interval between Mr. Evans' first and second patents. I was living in Washington, and left the construction to the mill-wright. I did not even know he had erected elevators, conveyers and hopper-boys, until I learnt it by an application from Mr. Evans' agent for the patent price. Although I had no idea he had a right to it by law, (for no judicial decision had then been given,) yet I did not hesitate to remit to Mr. Evans the old and moderate patent price, which was what he then asked, from a wish to encourage even the useful revival of ancient inventions. But I then expressed my opinion of the law in a letter, either to Mr. Evans or to his agent.

I have thus, Sir, at your request, given you the facts and ideas which occur to me on this subject. I have done it without reserve, although I have not the pleasure of knowing you personally. In thus frankly committing myself to you, I trust you will feel it as a point of honor and candor, to make no use of my letter which might bring disquietude on myself. And particularly, I should be unwilling to be brought into any difference with Mr. Evans, whom, however, I believe too reasonable to take offence at an honest difference of opinion. I esteem him much, and sincerely wish him wealth and honor. I deem him a valuable citizen, of uncommon ingenuity and usefulness. And had I not esteemed still more the establishment of sound principles, I should now have been silent. If any of the matter I have offered can promote that object, I have no objection to its being so used; if it offers nothing new, it will of course not be used at all. I have gone with some minuteness into the mathematical history of the elevator, because it belongs to a branch of science in which, as I have before observed, it is not incumbent on lawyers to be learned; and it is possible, therefore, that some of the proofs I have quoted may have escaped on their former arguments. On the law of the subject I should not have touched, because more familiar to those who have already discussed it; but I wished to state my own view of it merely in justification of myself, my name and approbation being subscribed to the act. With these explanations, accept the assurance of my respect.

TO JOHN WALDO

Monticello, August 16, 1813.

Sir,—Your favor of March 27th came during my absence on a journey of some length. It covered your "Rudiments of English Grammar," for which I pray you to accept my thanks. This acknowledgment of it has been delayed, until I could have time to give the work such a perusal as the avocations to which I am subject would permit. In the rare and short intervals which these have allotted me, I have gone over with pleasure a considerable part, although not yet the whole of it. But I am entirely unqualified to give that critical opinion of it which you do me the favor to ask. Mine has been a life of business, of that kind which appeals to a man's conscience, as well as his industry, not to let it suffer, and the few moments allowed me from labor have been devoted to more attractive studies, that of grammar having never been a favorite with me. The scanty foundation, laid in at school, has carried me though a life of much hasty writing, more indebted for style to reading and memory, than to rules of grammar. I have been pleased to see that in all cases you appeal to usage, as the arbiter of language; and justly consider that as giving law to grammar, and not grammar to usage. I concur entirely with you in opposition to Purists, who would destroy all strength and beauty of style, by subjecting it to a rigorous compliance with their rules. Fill up all the ellipses and syllepses of Tacitus, Sallust, Livy, &c., and the elegance and force of their sententious brevity are extinguished.

"Auferre, trucidare, rapere, falsis nominibus, imperium appellant." "Deorum injurias, diis curæ." "Allieni appetens, sui profusus; ardens in cupiditatibus; satis loquentiæ, sapientiæ parum." "Annibal peto pacem." "Per diem Sol non uret te, neque Luna per noctem." Wire-draw these expressions by filling up the whole syntax and sense, and they become dull paraphrases on rich sentiments. We may say then truly with Quinctilian, "Aliud est Grammaticé, aliud Latiné loqui." I am no friend, therefore, to what is called Purism, but a zealous one to the Neology which has introduced these two words without the authority of any dictionary. I consider the one as destroying the nerve and beauty of language, while the other improves both, and adds to its copiousness. I have been not a little disappointed, and made suspicious of my own judgment, on seeing the Edinburgh Reviews, the ablest critics of the age, set their faces against the introduction of new words into the English language; they are particularly apprehensive that the writers of the United States will adulterate it. Certainly so great growing a population, spread over such an extent of country, with such a variety of climates, of productions, of arts, must enlarge their language, to make it answer its purpose of expressing all ideas, the new as well as the old. The new circumstances under which we are placed, call for new words, new phrases, and for the transfer of old words to new objects. An American dialect will therefore be formed; so will a West-Indian and Asiatic, as a Scotch and an Irish are already formed. But whether will these adulterate, or enrich the English language? Has the beautiful poetry of Burns, or his Scottish dialect, disfigured it? Did the Athenians consider the Doric, the Ionian, the Æolic, and other dialects, as disfiguring or as beautifying their language? Did they fastidiously disavow Herodotus, Pindar, Theocritus, Sappho, Alcæus, or Grecian writers? On the contrary, they were sensible that the variety of dialects, still infinitely varied by poetical license, constituted the riches of their language, and made the Grecian Homer the first of poets, as he must ever remain, until a language equally ductile and copious shall again be spoken.

Every language has a set of terminations, which make a part of its peculiar idiom. Every root among the Greeks was permitted to vary its termination, so as to express its radical idea in the form of any one of the parts of speech; to wit, as a noun, an adjective, a verb, participle, or adverb; and each of these parts of speech again, by still varying the termination, could vary the shade of idea existing in the mind.

* * * * * * * *

It was not, then, the number of Grecian roots (for some other languages may have as many) which made it the most copious of the ancient languages; but the infinite diversification which each of these admitted. Let the same license be allowed in English, the roots of which, native and adopted, are perhaps more numerous, and its idiomatic terminations more various than of the Greek, and see what the language would become. Its idiomatic terminations are:—

Subst. Gener-ation—ator; degener-acy; gener-osity—ousness—alship—alissimo; king-dom—ling; joy-ance; enjoy-er—ment; herb-age—alist; sanct-uary—imony—itude; royal-ism; lamb-kin; child-hood; bishop-ric; proceed-ure; horseman-ship; worthi-ness.

Adj. Gener-ant—ative—ic—ical—able—ous—al; joy-ful—less—some; herb-y; accous-escent—ulent; child-ish; wheat-en.

Verb. Gener-ate—alize.

Part. Gener-ating—ated.

Adv. Gener-al—ly.

I do not pretend that this is a complete list of all the terminations of the two languages. It is as much so as a hasty recollection suggests, and the omissions are as likely to be to the disadvantage of the one as the other. If it be a full, or equally fair enumeration, the English are the double of the Greek terminations.

But there is still another source of copiousness more abundant than that of termination. It is the composition of the root, and of every member of its family, 1, with prepositions, and 2, with other words. The prepositions used in the composition of Greek words are:—

* * * * * * * *

Now multiply each termination of a family into every preposition, and how prolific does it make each root! But the English language, besides its own prepositions, about twenty in number, which it compounds with English roots, uses those of the Greek for adopted Greek roots, and of the Latin for Latin roots. The English prepositions, with examples of their use, are a, as in a-long, a-board, a-thirst, a-clock; be, as in be-lie; mis, as in mis-hap; these being inseparable. The separable, with examples, are above-cited, after-thought, gain-say, before-hand, fore-thought, behind-hand, by-law, for-give, fro-ward, in-born, on-set, over-go, out-go, thorough-go, under-take, up-lift, with-stand. Now let us see what copiousness this would produce, were it allowed to compound every root and its family with every preposition, where both sense and sound would be in its favor. Try it on an English root, the verb "to place," Anglo Saxon plæce,4 for instance, and the Greek and Latin roots, of kindred meaning, adopted in English, to wit, θεσις and locatio, with their prepositions.

mis-place

after-place

gain-place

fore-place

hind-place

by-place

for-place

fro-place

in-place

on-place

over-place

out-place

thorough-place

under-place

up-place

with-place

amphi-thesis

ana-thesis

anti-thesis

apo-thesis

dia-thesis

ek-thesis

en-thesis

epi-thesis

cata-thesis

para-thesis

peri-thesis

pro-thesis

pros-thesis

syn-thesis

hyper-thesis

hypo-thesis

a-location

ab-location

abs-location

al-location

anti-location

circum-location

cis-location

col-location

contra-location

de-location

di-location

dis-location

e-location

ex-location

extra-location

il-location

inter-location

intro-location

juxta-location

ob-location

per-location

post-location

pre-location

preter-location

pro-location

retro-location

re-location

se-location

sub-location

super-location

trans-location

ultra-location

Some of these compounds would be new; but all present distinct meanings, and the synonisms of the three languages offer a choice of sounds to express the same meaning; add to this, that in some instances, usage has authorized the compounding an English root with a Latin preposition, as in de-place, dis-place, re-place. This example may suffice to show what the language would become, in strength, beauty, variety, and every circumstance which gives perfection to language, were it permitted freely to draw from all its legitimate sources.

The second source of composition is of one family of roots with another. The Greek avails itself of this most abundantly, and beautifully. The English once did it freely, while in its Anglo-Saxon form, e. g. boc-cræft, book-craft, learning, riht-geleaf-full, right-belief-ful, orthodox. But it has lost by desuetude much of this branch of composition, which it is desirable however to resume.

If we wish to be assured from experiment of the effect of a judicious spirit of Neology, look at the French language. Even before the revolution, it was deemed much more copious than the English; at a time, too, when they had an academy which endeavored to arrest the progress of their language, by fixing it to a Dictionary, out of which no word was ever to be sought, used, or tolerated. The institution of parliamentary assemblies in 1789, for which their language had no opposite terms or phrases, as having never before needed them, first obliged them to adopt the Parliamentary vocabulary of England; and other new circumstances called for corresponding new words; until by the number of these adopted, and by the analogies for adoption which they have legitimated, I think we may say with truth that a Dictionaire Neologique of these would be half as large as the dictionary of the academy; and that at this time it is the language in which every shade of idea, distinctly perceived by the mind, may be more exactly expressed, than in any language at this day spoken by man. Yet I have no hesitation in saying that the English language is founded on a broader base, native and adopted, and capable, with the like freedom of employing its materials, of becoming superior to that in copiousness and euphony. Not indeed by holding fast to Johnson's Dictionary; not by raising a hue and cry against every word he has not licensed; but by encouraging and welcoming new compositions of its elements. Learn from Lye and Benson what the language would now have been if restrained to their vocabularies. Its enlargement must be the consequence, to a certain degree, of its transplantation from the latitude of London into every climate of the globe; and the greater the degree the more precious will it become as the organ of the development of the human mind.

These are my visions on the improvement of the English language by a free use of its faculties. To realize them would require a course of time. The example of good writers, the approbation of men of letters, the judgment of sound critics, and of none more than of the Edinburgh Reviewers, would give it a beginning, and once begun, its progress might be as rapid as it has been in France, where we see what a period of only twenty years has effected. Under the auspices of British science and example it might commence with hope. But the dread of innovation there, and especially of any example set by France, has, I fear, palsied the spirit of improvement. Here, where all is new, no innovation is feared which offers good. But we have no distinct class of literati in our country. Every man is engaged in some industrious pursuit, and science is but a secondary occupation, always subordinate to the main business of his life. Few therefore of those who are qualified, have leisure to write. In time it will be otherwise. In the meanwhile, necessity obliges us to neologize. And should the language of England continue stationary, we shall probably enlarge our employment of it, until its new character may separate it in name as well as in power, from the mother-tongue.

Although the copiousness of a language may not in strictness make a part of its grammar, yet it cannot be deemed foreign to a general course of lectures on its structure and character; and the subject having been presented to my mind by the occasion of your letter, I have indulged myself in its speculation, and hazarded to you what has occurred, with the assurance of my great respect.

TO MR. JOHN WILSON

Monticello, August 17, 1813.

Sir,—Your letter of the 3d has been duly received. That of Mr. Eppes had before come to hand, covering your MS. on the reformation of the orthography of the plural of nouns ending in y, and ey, and on orthoepy. A change has been long desired in English orthography, such as might render it an easy and true index of the pronunciation of words. The want of conformity between the combinations of letters, and the sounds they should represent, increases to foreigners the difficulty of acquiring the language, occasions great loss of time to children in learning to read, and renders correct spelling rare but in those who read much. In England a variety of plans and propositions have been made for the reformation of their orthography. Passing over these, two of our countrymen, Dr. Franklin and Dr. Thornton, have also engaged in the enterprise; the former proposing an addition of two or three new characters only, the latter a reformation of the whole alphabet nearly. But these attempts in England, as well as here, have been without effect. About the middle of the last century an attempt was made to banish the letter d from the words bridge, judge, hedge, knowledge, &c., others of that termination, and to write them as we write age, cage, sacrilege, privilege; but with little success. The attempt was also made, which you mention in your second part, to drop the letter u in words of Latin derivation ending in our, and to write honor, candor, rigor, &c., instead of honour, candour, rigour. But the u having been picked up in the passage of these words from the Latin, through the French, to us, is still preserved by those who consider it as a memorial of our title to the words. Other partial attempts have been made by individual writers, but with as little success. Pluralizing nouns in y, and ey, by adding s only, as you propose, would certainly simplify the spelling, and be analogous to the general idiom of the language. It would be a step gained in the progress of general reformation, if it could prevail. But my opinion being requested I must give it candidly, that judging of the future by the past, I expect no better fortune to this than similar preceding propositions have experienced. It is very difficult to persuade the great body of mankind to give up what they have once learned, and are now masters of, for something to be learnt anew. Time alone insensibly wears down old habits, and produces small changes at long intervals, and to this process we must all accommodate ourselves, and be content to follow those who will not follow us. Our Anglo-Saxon ancestors had twenty ways of spelling the word "many." Ten centuries have dropped all of them and substituted that which we now use. I now return your MS. without being able, with the gentlemen whose letters are cited, to encourage hope as to its effect. I am bound, however, to acknowledge that this is a subject to which I have not paid much attention; and that my doubts therefore should weigh nothing against their more favorable expectations. That these may be fulfilled, and mine prove unfounded, I sincerely wish, because I am a friend to the reformation generally of whatever can be made better, and because it could not fail of gratifying you to be instrumental in this work. Accept the assurance of my respect.