of Maryland, to whom the public records refer
as "a colored man," stating that he was granted a patent for a corn
harvester in 1834 and another patent for a similar invention in 1836.

It is altogether safe to assume that this Henry Blair was a "free
person of color," as the language of those days would have phrased it;
for the government seemed committed to the theory that "a slave could
not take out a patent for his invention." And this dictum gave rise to
some rather embarrassing situations on more occasions than one. For
instance, in 1857, a Negro slave, living with his master in the state
of Mississippi, perfected a valuable invention which his master sought
to have protected by a patent. Now, in law, a patent is a contract
between the government and the inventor or his assignees. The slave,
although the inventor, could not under the law be a party to a
contract, and therefore could not secure the patent himself. His
master applied for the patent, but was refused on the ground that
inasmuch as he was not the inventor and could not be the assignee of a
slave, he could not properly make the required oath. The master was
not satisfied with this interpretation of the law by the Commissioner
of Patents, and at once appealed from the latter's decision to the
Secretary of the Interior, who, in 1858, referred the case to the
Attorney-General of the United States. This latter official, who was
Hon. Jeremiah S. Black, of Pennsylvania, confirmed the decision of the
Commissioner of Patent, and neither master nor slave was ever able to
get a patent for the slave's invention. This case reported on page 171
of volume 9, of "Opinions of Attorneys-General, United States."

Another instance of a similar character occurred a few years later, in
1862, when a slave belonging to Jefferson Davis, President of the
Confederacy, invented a propeller for vessels. He constructed an
excellent model of his invention, displaying remarkable mechanical
skill in wood and metal working. He was not able to get his invention
patented, but the merits of his invention were commented upon
approvingly by a number of influential Southern newspapers, and his
propeller was finally put in use by the Confederate navy. With the
barrier of slavery cast aside, a new opportunity was opened to the
Negro inventor, and the purpose of this article is to show what use he
has made of that opportunity.

It must still be borne in mind that the records of the United Stat