5 I iV >i' mo/^ >t ■aiijiivj j\i ■ "aujiivj j\i ' .OFCAIIFO/?^ i^'^^ '^-Tiijo.wsov'^'^ "V/^aaAiNn-Jwv^ ^o ^i 'JIJJ.^VAUi' AV' ■'^aJAi.N.lJUV ■i^^ "'/A(]vayiliv v>:lOSANCElfj-,^ JiiJj.W'^Ul- .^•OF-CAllfOfi'/t^ ^^WE•UNIVER^/A ^vvlOS ANCElf j: > u.r ^ %ii30Nvsoi^^ .im-ANTTIfx^ JS5^^ 'V 11 !rr$ ''FT'li^r \\Ul]KI\TR.V/ &, •v< ^^A' «\\\EUNIV' ^v^vlOSANGfLfj> O J. '^^oxwmwi^ "^AavaaiiT- {RARY^/: ^xMllBRARYQ^^ >- -z Cxz V- . m^.wrriri ^ ,>^^ ft; o CP -i<' -< '^ ^ i?^ ^ "A RAR> §1 \r '^' ^,T.F!rr^ 4: .^ . pif.r.MiFnD,. .^;^ (af rM'cr ^S i NIVfRS//, o vKlOSANGElfx^ o %a3AiNn ]wv RARY6>/ ^IIIBRARYO^ MIFO% ^>Mur .t? ^ \\\EliNIVFRS/A .v\nSANCFlf( >- -r o Cc ^WF■UNIVER% ^lOSANCF "T" O '"^/iiiiAiNil- AWE UNIVER% vvlOSmE ^'/idJAINlV MIBRAR^ '^ ,>^ur.ALn'U/.,{i, .^uf u\jL;ru/f^i^ A\^E UNIVERS'/A vj>:lOSANCE ^■T^.^r^'-l':^-':^ ^^c^ ^Jcu^ew^ OVERLOOKED P/^GES or REAPER HISTORY Chicago, Illinois, 1897 PREFACE. CHIS book is a republication of three pamplilets, printed as their respective title pages show. While the name of the writer is not given therein, it is known that they were from the pen of Edward Stabler, of Sandy Springs, Md., Postmaster of that place from Jackson's time until his death, a few years since. They were given by Mr. Stabler to one of his particular friends, Mr. R. D. 0. Smith, then and now a prominent patent lawyer. Mr. Stabler, he informs us, was a man of great skill as a mechanic, and was particularly noted for his ability as a die sinker— long considered to be the best in the United States. He made many government seals. The seal of the Smithsonian Institution is exceptionally fine. He was also a famous rifle shot, but wasted no powder on small game; buffalo and bear hunting being his recreation until the time of his death, which occurred about ten years ago. That he was a man of ability is shown by the review which follows. This republication is undertaken in order to preserve the historical facts contained (with which we have long been familiar ) as the single copy of each, now before us, is thought to be the only one in existence. J. Russell Parsons. Lewis Miller. John F. Steward. Chicago, Illinois, February, 1897. A BRIEF NARRATIVE OF THH INVENTION OF Reaping Machines; AND AN EXAMINATION OF THE CLAIMS FOR PRIORITY OF INVENTION: BY A MARYLAND FARMER AND MACHINIST ALSO A SHORT APPENDIX, CONSISTING OF ENOIvISH RUBLICAXIONS, AS TO THE Operation and Success of Reaping Machines IN ENQLAND, IN THE YEARS 18S1, 18S2 and 18S3. BALTIMORE: FROM THE PRESS OF MILLS & COX, (OFFICE OF THE "AMERICAN FARMER,") No. 128 Baltimore Street. 185-4. RerrinteJ by the W. B. CONKEY COMPANY 1897. ■\'\ ae in ca o o z 3 < A BRIEF NARRATIVE OF THE INVENTION OF REilPING MilCHINES, AND AN EXAMINATION OF THE CLAIMS FOR PRIORITY OF INVENTION. The object aimed at in this examination, is to ascertain as far as relia- ble evidence within reach will establish the fact — and before the evidence may be lost — to whom belongs the credit of first rendering the Reap- ing and Mowing Machine a practical and available implement to the American farmer; not who theoretically i/rre}iied tx machine for the pur- pose, that may have worked an hour only, and very imperfectly for that short period, and was then laid aside; but who rendered it an operating and efficient machine that was proved by successive years in the harvest field, capable of doing its work, and doing it well; better than either the scythe or cradle. The object is not to detract from the merits fairly claimed by any inventor; but it is to examine into some of the rival claims, furnish the evidence that has satisfied our own minds, and leave it for others to judge for themselves. We would not intentionally deprive an inventor of his often dearly bought and hard-earned fame — the crea- tion of his own genius — for it is more prized than even fine gold by many. But it is equally just that merit should be acknowledged, and the meed of praise awarded, where it is honestly and fairly due; and to this end, we propose and intend to examine into the evidence closely and critically. It may also be right to remark that we have no private or pecuniary interest whatever, in these, or any other patent claims. As to the theoretical portion of the business, the enquiry might be greatly extended; indeed for past centuries, as we have imperfect accounts of Reaping Machines being used by the Romans. If the ancients were successful in making a practical implement for Reaping, by horse, or ox power, as some ancient writers assert, we certainly have no correct and reliable account of a machine that would be con- sidered efficient or useful at the present day; a machine to save or tear off the heads only — as described by Pliny and Palladius — would more properly be termed a gathering machine, and not at all suited to the wants and habits of modern farmers. It was not until near the close of the past, and within the present century, so far as we can learn, that the subject again claimed much attention of the inventive talent of either this, or foreign countries. 3 446154 4 BRIEF NAKRATIV1-: OF THE Of some half a dozen or more attempts made in Great Britain, and recorded in Loudon's Encyclopedia of Acjriculture, the Edinburg Encyclopedia, and other similar works, all, or nearly all, relied either upon scythes or cutters, with a rotary motion, or vibratincj shears. And although there was " go ahead " about them in one sense of the term, as it was intended for the " cart to go before the horse," none of them appeared to have gained, or certainly not long retained, the con- fidence of the farmers; for at the exhibition of the "World's Fair in London," the whole Kingdom could not raise a Reaping Machine; — a practical implement which was considered worth using and exhibiting. That the idea was obsolete there, and had been unsuccessful, is clearly proved by the fact that the English journals and writers of that period, without a single exception, spoke of the American Reapers — after the trials! — as "completely successful"— " taking every one by surprise " — " their reaping machines have astonished our agriculturists" — " few subjects have created a greater sensation in the agricultural world than the recent introduction into the country of the reaping machines " — the " curiosity of the crowd was irrepressible to witness such a novelty, even to stopping the machine, and trampling the grain under foot," &c., &c. — Much more and similar evidence is at hand; but better need not be produced to prove the entire failure of reaping machines in Great Britain, as late as 1851. We would also refer the curious to Rees' Cyclopedia, for a very brief account of what had been effected;— a few paragraphs only are written on reaping machines, but several pages are compiled as to the use of the scythe, sickle or reap hook, and reapingy^r/^. The Doctor refers to Plunknett's Machine by name, as being " somewhat on a new principle, the horse drawing the machine instead of pushing it forward as was the old mode of applying the power." The machine is fully represented in the Farmers' Dic- tionary; and he winds up the account as follows: " But the success with which they have been attended, has hitherto been far from com- plete;" again, " Other machines of this kind have still more lately been invented by other persons [meaning of course his own countrymen] but without answering the purpose in that full and complete manner which is necessary in this sort of work." The Doctor undertakes to tell us zvhat is wanted, but fails entirely to inform his readers how to do it. That John Bull had not clone it is clearly established; but Brother Jonathan, the " Live Yankee," as John calls his cousin, has solved the problem; and the solution is so simple, when you know how to do it! that it is marvclously strange no one for centuries had before struck upon the right key. Philip Pusey, Plsq., M. P. and F. R. S. — the chief manager of the London Exhibition — admits the failure.-though apparently reluctantly; but the source of his 'information, in writing about the American machines was interested and defective; and when he again writes on this subject he will be better informed. He says: " At the opening of this century it was thought that a successful reaping machine had been invented, and a rewarrl had been voted by Parliament to its author. The machine was employed here and abroad, but from its intricacy, INVENTION OF UliAl'lNG MACHINKS. fell into disuse. Another has been lately devised in one of our Colo- nics, which cuts off the heads of the corn, but leaves the straw stand- ing, a fatal defect in an old settled country, where the growth of corn is forced by the application of dung. Our farmers may well, therefore, have been astonished by an American implement which not only reaped the wheat, but performed the work with the neatness and certainty of an old and perfect machine. Its novelty of action reminded one of see- ing the first engine run on the Liverpool and Manchester railway in 18^0. Its perfection depended on its being new only in England; but in America the result of repeated disappointments and untired perse- verance, &c." We propose to prove, and by better evidence, and disinterested too, than he then had, that in 1833. near the date of " the first engine run on the Liverpool and Manchester railway in 1830." the American machine cut the "corn" just as perfectly, with equal " neatness and certainty" as did the " Novelty" or " Rocket " pass over the Liverpool and Man- chester railway. We shall again recur to English authority. John Bull is a right lionest and clever old gentleman in the main ; but he is rather prone to claim what he has no title for — inventions.as well as territory. We are willing to give him what he can show a clear deed for, but no more. He beat us by one year only in the Locomotive; but we fairly beat him eighteen or twenty in the Reaping Machine; and yet some of his writers contend to this day that we ''pirated" from Bell and other English inventors all we know! The excitement and sensation thus produced by the American Reapers, caused renewed efforts on the part of English inventors; some who had near a quarter of a century previously, been endeavor- ing to effect this "great desideratum," to use an English editorial: and the most conspicuous of these was one invented by the Rev. Patrick Bell, of Scotland. Of the half a score or more and previous inventors in Great Britain— Boyce, Plunknctt, Gladstone of Castle Douglass, Salmon of Waburn, Smith of Deanston in Perthshire, &c., &c.— none were waked up from their Rip Van Winkle slumbers; or if they were, the world is not advised of it. They all used revolving scythes, revolv- ing cutters, or shears instead. Several trials were made with Bell's in 1828 or 1829; and a very full and minute description with plates, was published some 24 or 25 years ago, and may be found in Loudon's Encyclopedia of Agriculture. It was, however, too complicated, too cumbersome and expensive, performed too little service, and required too much tinkering and repairs to be viewed as a practical and available implement. — The English farmer found the sickle or reap hook preferable, for it was every where resorted to. — The cutting apparatus of Bell's consisted of shears, one half stationary, the other vibrating, and turning on the bolt that confined them to' the iron bar which extends across the front of the frame. The vibrating motion was given by connecting the back end of one shear to a bar— making the bolt the fulcrum— and which was attached to a crank, revolving by gear to the driving wheels. A reel was used to gather the grain to the shears, and adjustable, BRIEF NARRATIVE OF THE back and forth, and higher or lower, to suit the height of the grain. A revolving apron delivered the grain in a continuous swath; and the team was attached to the rear of the machine, pitskhig it through the grain. We have been more minute in the description of Bell's machine, because it may have been the foundation of some of the early, and nearly simultaneous attempts made in this country. In fact it does not admit of doubt that several were nearly identical with Bell's in the use of the shears and reel, though with much more simple gearing, and in the general arrangement. VVhether they were original inventions, cannot be ascertained. In this country, from l8oo to 1833 out of some I 5 or 20 patents granted for " cutting grain " and " cutting grass," only four appear to have been "restored"; i. e. technically speaking, "not restored" in models and drawings after the burning of the Pat- ent Office in 1836. Many, if not most of them, were probably improve- ments in the grain cradle, and mowing scythe: though the names are preserved, there is no record to show for what particulars the patents were granted. There can be no doubt however, that the inventors considered them valueless, as they were " not restored," though Con- gress voted large sums to replace the burnt models and drawings, without any expense to the parties. Of those restored James Ten Eyck's patent is dated 1825. VVm. Manning's in 1831, Wm. & Thos. Schnebly's in 1833, and Obed Hussey's also in 1833. Jame's Ten Eyck used an open reel; not only to gather the grain, but his cutters or shears, were attached to. and revolved with the reel ;— very much, if not exactly on the principle of shearing cloth. Wm. Manning used another form of cutters, and quite different from James Ten Eyck's— he likewise used fingers or teeth to support the grain during the action of the horizontal cutters. Wm. & Thos. Schnebly of Maryland, also used the reel, with shears as cutters, very similar to Bell's. Abr'm Randall or Rundell, of N. Y. (for the name is spelled both ways), was another of the early inventors. His patent of 1835 is not restored, though it is stated his machine was experimented with as early as 1833 or 1834. He also used the reel, and his cutters, it is said, were similar to Bell's— using shears. T. D. Burrall, of N. Y. was also one of the early inventors, about 1832 or 1833, but we believe professedly after Bell's, so far as to use a reel and shears. None of these machines however, Hussey's excepted, were success- ful, or were used any length of time; nor is it necessary here to refer particularly to other attempts, about this time, or indeed, prior to this period, for they were equally unsuccessful; and their inventors cannot claim the merit of doing a thing, that was not in fact performed— mak- ing an efficient and successful Reaper. We may here remark, however, that so far as now known, no machine like Bell's, on the shear or scis- sor principle, has succeeded in this country; or as we believe, is ever likely to succeed. We have seen a number by different inventors, and all have failed to give satisfaction. They may work well for a very INVKNTION OF KKA1MN(. .\IA( MINKS. 7 brief period and witli keen ed^cs; but as they become dull, the shears are forced apart by the straw and grass — particular the latter, and the machine fails, as it inevitably must do, in its allotted duty: and for very obvious reasons. If the shear rivet or bolt is kept ti^ht, there is too much friction; if loose enough to play frcelx, it is too loose to cut well; and lastly, it is too liable to wear at the most imj)ortant point of the whole machine. During the harvest of 1S53 in England, every effort was made to uphold Bell's machine; in some cases prizes were awarded to it, though evidently partial; for in the face of these awards, some who witnessed the trials, and had used Bell's machines, laid them aside and purchased Hussey's. At the close of the season, as we learn from reliable authority, even the engineers who o[)crated Bell's, frankly admitted that the American machine as exhibited by Hussey, was the better implement, owing to the arrangement of the guartisand knives; Bell's required so much tinkering, that several machines were required to cope with one of Hussey's. At the recent har\est,( 1S54) the Mark Lane Express acknowledges that at the Royal Agricultural Societies' show at Lincoln, Bell's machine was "at last fairly beaten" by Hus- sey's, including McCormick's, and Hussey's machine received the prize over all others. It is just, however, to add, that far as we consider Bell's machine behind some of the present day, yet complex and cum- bersome as it was, it combined more of the essential features of success, than any Reaper that preceded it. We now come to 1833, the date of Hussey's patent; and to 1834, the date of C. H. McCormick's first patent. These were known and admitted by all to have been the rivals for popular favor and patron- age, from about the year 1844 or 1845 to the opening of the great Industrial Exhibition in London, in 1851. To these, therefore, the Enquiry will be more particularly directed. We must however refer back for abricf period to 1831 ; for although C. H. McCormick's first patent was dated in 1834, yet when he applied for his extension in 1848, he alleged that hisinvcntum was prior to Hus- sey's, as he had invented a nfachine in 1831, two years before the date of O. Hussey's, and three years before the date of his own patent. The evidence produced (i>.'rittC7i 3.nd prept7nd hy C. H. McCormick and now on file in the Patent Office) was deemed inadmissible and informal by the Board, and it refused to go on with the examination either as to priority or validity of invention without notice to Hussey — his patent being called in question by McCormick — to be present when the dep- ositions were taken. Before however receiving the official notice, he was called on by C. H. McCormick in Baltimore, and requested to sign a paper, agreeing or admitting, diat the testimony he had himself prepared should be con- sidered evidence — i. e. considered formal; alleging that it would save him trouble and expense in going to Virginia. This was declined by Hussey on the ground that he might thus unwittingly injure himself: he having previously applied for an extension of his own Patent. Neither was he then aware of the nature of this evidence; or until this interview, was he advised of C. H. McCormick's application for extension. 8 ERIKF NARRATIVE OF THE Hussey was subsequently duly notified by order of the Board to be present at taking the dei)ositions in Augusta County, Virginia, — the Board having adjourned three weeks for that purpose. Either just previous, or subsequent to these proceedings the case was referred by the Commissioner of Patents, or Board of extensions, to Dr. Page, one of the Examiners of the office. His report is as follows — Patent Office, ) "Sir: Jan. 22d, 1848. \ In compliance with your requisition, I have examined the patent of Cyrus H. McCormick, dated 31st June, 1834, and found that the principal features embraced in said patent, viz: the cutting-knife and mode of operating it, the fingers to guide the grain and the revolving rack for gathering the grain, were not new at the time of granting said letters patent. The knife-fingers and general arrangements and operation of the Cutting apparatus are found in the reaping machine of O. Hussey, patented 31st Dec. 1833. The re\olving rack presents novelty chiefly in form, as its opera- tion is similar to the revolving frame of James Ten P^yck, patented 2nd November 1825. Respectfully submitted, Chas. G. Page, Examiner." Hon. Edmund Burke, Com'r. of Patents. As some have enquired, and others may enquire, why a patent should issue under these circumstances, we reply, that previous to 1836 but little, if any examination was made as to priority of inventions, or into preceding Patents; the applicant made oath as to his invention, and the patent was issued as a matter of course. And as another mat- ter of course, if the rival interests clashed, litigation was the result: — the Courts and juries often decided what they little understood, and at times not at all, after the pleading of well fee'd lawyers: a pretty fair illustration of the fable of the boys and frogs: it may be fmi for the lawyers but it is death to the hopes of many a poor patentee. We are however pleased to i)erceive a disposition manifested by the courts to sustain patents; even if occasionally an unjust claim is rec- ognized as a valid one, it is better, according to the legal and moral maxim, that half a dozen rogues should escape punishment for a time, than that one innocent person should be unjustly convicted: the rogue is almost certain to be caught in the end, and truth will ultimately triumph. This testimony was taken in due form at Steele's Tavern, Augusta County, Va., McCormick and Hussey both being present. It is too voluminous to copy entire, but we w^ill refer briefly to each, having read them carefully, and obtained certified copies of all, from the Patent office. Dr. N. M. Mitt — testified to a reaping machine being made byC.H. McCormick in 1831 — it had a straight sickle blade. William S. McCormick and Leander J. McCormick, brothers of C. H. McCormick, also testified to the making of a machine in 1831. INVENTION OK UliAPING MACHINES. 9 Mary McCormick, — mother of C. H. McCormick; agreed in gen- eral with the testimony of her sons, — did not doubt but it was correct, " it appears familiar to me," but testified to nothing in particular. John Steele, Jr. — Was tavernkeeper at " Steele's Tavern " — testified as to the year being 1S31 or 1832. In his amended testimony, admitted that C. H. McCormick wrote the paper describing the machine for him to testify to; recollects little else about the machine than the straight sickle edge. Eliza II. .Steele — refused to testify, without first seeing a certificate previously signed by her; admitted that C. H. McCormick wrote it for her to sign; her testimony as to the year, depended on the building of a certain house, on which the workmen put 183 1. John McCown — was a black-smith — testified that he made the " straight sickle blade," and that it was " a long straight sickle " blade. This was most singular testimony to found a claim of priority of invention on, and by which to invalidate another man's patent. There was discrepancy in the evidence as to the year of the invention; also whether the machine was intended for one or two horses; how the " fingers" were arranged, and whether of zvood or iron, above or below, the "straight sickle blade." Two of the brothers — one at least who helped to make, if not also to invent this machine — testified that the plan or arrangement of the machine here sworn to, was changed in 1840, 1841. 1842, or 1843, they did not know which; from g to 12 years afterwards! John McCown swears positively that he helped to build the machine, so far at least as to forge "a long straight sickle;" but neither he, or a single one of the se\en sworn witnesses, ''ladies dind gentle fnen,'' testify that the machine ever worked a single hour, or cut as much grain of any kind as would make a single sheaf.!* In a long communication to Com'r. Burke in 1848, together with a list of sales and profits, C. H. McCormick states, and on oath, that he had exhibited his machine in 1840 or 1841 to a considerable number of farmers and very satisfaetorily, though but one person could be induced to purchase — a Mr. John Smith we believe — and that up to 1842, eleve?i years after the alleged in\ention, he had sold but two machines, and one of them conditionally. Again, in the same paper he states, " but the)' failed to operate well," and had to be altered: — in other words they would not work at all. Amongst others, he had *The reading of this testimony strongly remiruls us of an anecdote related at the hustings in \'a. by that talented but eccentric character, John Randolph, of Roa- noake, in a political canvass with an opponent, who promised what he would do for his constituents, if elected. Randolph told him he was like one of his overseers, a plaus- ible fellow, but on whom little reliance was to be placed — and who, desiring to show what fine crops he had raised, exhibited a better tally hoard than the crop could jus- tify. "I told him," said Ramloli^h, "this is very good tally, John, but where's the corn? and I tell the gentleman, I tlon't want to see his tally, but the corn — the evi- dence of what he ever did to entitle him to a seat in Congress." The effect was electric, and the h'lstings rang with plautlits. Now we woulil say to C. H. McCor- mick, this is very good tally John, but where's the CORN? The evidence that the machine ever cut a single acre of grain. 10 BKIEK NARRATlVr: OF THE applied to " the farmer of Virginia. Mr. Sampson," for a certificate as to the satisfactory working of the machine, but it was declined. We are not surprized at this; for some 35 years ago we were per- sonally acquainted with this "farmer of Virginia," and also with his mode of farming; and know that a machine of any kind to please him rrnist li'ork and must also work ''well." Richard Sampson was at that early day in this " age of progress," one of the best and most practical farmers in the " Old Dominion," and was not a man to be "caught napping," either at home or abroad. The record shows that " on March, 29, 1848, the Board met agreea- bly to adjournment — Present James Buchanan, Sec'y of State, Edmund Burke, Commissioner of Patents, and R. H. Gillet, Solicitor of the Treasury, — and having examined the evidence adduced in the case, decide that said patent ought not to be extended." Signed, James Buchanan, Sec'y State. Edmund Burke, Commiss'r. Pat's. R. H. GiLLETT, Solicitor Treas'y. This evidence, taken in due form, and certified to by the magis- trates in Augusta and Rockbridge Counties, Va., was ?iot ruled out as informal, as we have seen it stated: but it was certainly laid before the Board; and was doubtless satisfactory both as to priority of inven- tion;— and in connexion with Dr. Page's report, conclusive, " that said patent ought not to be extended." We have also seen it stated that Hussey appeared before the Board of Extensions " to contest the extension of McCormick's patent." We think injustice — and no doubt unintentionally — is here done to Hussey. Until the order of the Board was passed to afford him the opportunity to defend his rights, assailed without his knowledge, he was not aware of C. H. McCormick's application. As a matter of course he then attended, but stated in writing, and which is now on file, " I had no intention, neither had I any desire to place any obstacle in the way of the extension of C. H. McCormick's patent. But the course he has taken before your Board and before Congress, has com- pelled me to act in self defense." Not so with C. H. McCormick; for when his claims were rejected by the Board of Extensions,— and most justly, aj we think, in accord- ance with the evidence — he petitio7ied Congress agaitist Hussey s extension: and to this most ungenerous, illiberal and unfair course, and of which Hussey was for years totally ignorant, C. H. McCormick may justly attribute this Enquiry; — but for this, it had never been written. Our object is not to injure C. H. McCormick; but it is that justice may be done to another, whose interests and rights he was the first to assail. If the foregoing testimony is not conclusive, as regards priority of invention in 1831 against C. H. McCormick, we think the evidence which follows— and which no one will pretend to call in question, or doubt— establishes the fact that the machine of 183 1 was good for nothing, — not even half i?ivented; and that the machine of 1841, was not much more perfect. INVENTION OK KKAIMNG .MACHINES. 11 On page 231 of the Reports of Juries for the Great London Exhibi- tion, and now in the Library of Congress, we find the following: "It seems right," says Philip Pusey, Esq., AL P., "to put on record Mr. McCormick's own account of his progress, or some extracts at least, from a statement written by him, at my request." — [PusEV.J " My father vvas a farmer in the county of Rockbridge, State of Vir- ginia, United States. He made an experiment in cutting grain in the year 18 16, by a number of cylinders standing perpendicularly. Another experiment of the same kind was made by my father in the harvest of 183 1, which satisfied my father to abandon it. Thereupon my attention was directed to the subject, and the same harvest I invented and put in operation in cutting late oats on the farm of John Steele, adjoining my father's, those parts of my present Reaper called the platform, for receiving the corn, a straight blade taking effect on the corn, sup- ported by stationary fingers over the edge, and a reel to gather the corn; which last, however, I found had been used beTore, though not in the same combination. " Although these parts constituted the foundation of the present machine, I founil in practice innumerable difficulties, being limited also to a few weeks each year, during the harvest, for experimenting, so that my first patent for the Reaper was granted in June, 1834. " During this interval, / :cu7s oftt'n advised by my father and family to abando7i it, and pursue my regular business, as likely to be more profitable, he having given me a farm. [Italicised by C. H. McC] " No machines were sold until 1840, and I may say that they were not of much practical value until the improvements of my second pat- ent in 1845. " These improvements consist in reversing the angle of the sickle teeth alternately — the improved form of the fingers to hold up the corn, &c.— an iron case to preserve the sickles from clogging — and a better mode of separating the standing corn to be cut. Up to this period nothing but loss of time and money resulted from my efforts. The sale has since steadily increased, and is now more than a thousand yearly."* It would be just as conclusive and reasonable for the father of C. H. McCormick to claim at this day priority of invention for his Reaper invented in 1816, "by a number of cylinders standing perpendicularly;" *"The sale has since steadily increased, and is now more than a thousand yearly." This was written in 1^51, and by a little calculation, we can readily esti- mate the " yearly " protits. In the Circuit Court of the United States, at Albany, m the suit brought by C. H. McCormick against Seymour & Morgan, in \t^k highly— I accordingly ordered one of yours to be made for the approaching harvest. I wish you all possible success in cutting hemp in the " Great West." — It must be very desirable to cut that valuable plant instead of pulling it up by the roots, and I cannot doubt that your reaper has ample pozoer for the process Most respectfully, yours, &c., W. H. Roane. Mr. Obed Hussey, Baltimore. We are not advised at what precise period subsequent to 1843 ^^^ previous to 1847, (when C. H. McCormick patented the raker's seat) that he changed the arrangement of his wheels. &c., so as to admit a seat for his raker without " tipping up the machine " as was unavoida- ble previously. From evidence deemed fully reliable, he was not the first even on his own machine, to provide a seat for the raker, " and all take a ride." It is laborious enough to test fully the endurance of the most powerful and muscular man, to n'de and rake; but to walk and 16 BRIEF NARRATIVE OF THE rake is even more barbarous than the old time ball and chain to the leg of the felon. The considerate and feeling farmer would certainly "wait for the wagon " to be better fixed before thus undertaking to reap his grain fields if himself or his hands had to ride in this sort of style. We have a letter from Isaac Irvine Hite, Esq. now of Clarke County, Va., which throws some light on the subject; he says, (itali- cised by the writer:) "In 1842 my father, by my request purchased for me of C. H. McCormick and Father, a reaper at Suo, which was drawn by two horses, and it was raked off to the right hand side by a ma7i on foot. The father of C. H McCormick stated to me at the commencement of that harvest, that it had been 7nne years since they had first operated with it, in pretty much the form it was then constructed. On a recent visit to Messrs, McCormick, who then resided on the line between Augusta and Rockbridge Counties in this State, the old gentleman stated to me that he had been at odd times at work on the reaper for many years; and either he or his son stated to me that C. H. McCor- mick had been improving, changing or inventing various parts until they had (as they thought) perfected the machine. * * * I disliked the labor imposed on the haiid zvJio had to ivalk and remove the wheat from a platform seven feet in width, and urged Messrs McCormick to attach another contrivance so as to enable the raker to ride and perform his arduous task; the old gentleman contended that that could never be accomplished, butthata self-operating appendage could be constructed to remove the grain, but that would be uncertain, and entirely unrelia- ble. During my visit, he pointed out to me one or more fixtures they had tried for the raker to ride on. I think one was on one wheel, and the other on two. I yet contended that it could be accomplished; if by no other means, by changing the construction of the machine, and remarked to him, if I were a mechanic, and understood the construction of the machine well enough to venture to alter its parts, I was certain I could so arrange it, and requested him to urge his son to make the effort; he replied that it would be useless; that they had tried every imaginable way or plan before placing the machine before the public, and that they regarded it as an impossibility, successfully, and properly, in any other way than on foot, and said it was necessary for the heads to be brought round to the right, in which I fully agreed; but contended it could be done while the raker was riding or standing in an erect position. After this unsatisfactory interview I returned home, and at the close of the next wheat harvest I had a small carriage, about 3 feet by 3>^ feet, constructed on two wheels, and connected underneath the plat- form, by means of shafts to the back part of the head of the machine; this during the cutting of my oat crop answered every purpose, so far as the raker was concerned, but there was a difficulty in turning. C. H. McCormick came to see this combination sometime during the year, and condemned it in toto. But by the next harvest I had it so INVENTION OF REAPING MACHINES. constructed, as to be clr;i\\ ii l)y an iron bar so shaped, appended and supported on the underneath part of the carriage, as to achnit of the machine turning in any direction, and the carriage would follow just as the two hind wheels of a wagon do; the carriage had a seat behind, and a thick deep cushion in front, for the raker to press his knees against while removing the grain from the platform to his right hand, which he was enabled to do with apparent ease with a rake of pccidiar stiapc ; — ( it cannot be done with a rake of ordinary shape.) The working of the first carriage was witnessed by many gentle- men who approved of it; and the combination of the secontl carriage I applied for a patent for. The model carriage can now be seen in the room of the Patent Office, containing models of all rejected patents. After this, I heard of McCormick making experiments at one of his Western factories — I think it was at Chicago; and finally he addressed me a letter, stating lie held changed the construction of his machine, and had it so constructed that the raker could ride on the machine and ronove the grain!' We thinktheforegoinglctter — for it carries truth on its face — clearly shows that the idea of " changing the construction of the machine," and permit the raker to ride, did not originate with the McCormick's, father or son; for "they had tried every imaginable plan or way before placing the machine before the public, and that they regarded it as an impossibility for the wheat to be so removed regularly, successfully and properly, in any other way except on foot." At the trial referred to at Hutchinson's, and the late Senator Roane's in 1843, it was demonstrated that a raker could ride and rake, and as was also done by Hussey many years before, at various places, and delivering the grain at back or side. But we have still better evi- dence than the above — C. H. McCormick himself. His Patent of 1847, covering some four or five folio pages, is alto- gether to change "the construction of the machine," to admit of, and to patent the raker's seat; the substance of the whole is comprised within the following brief extract from the patent of 1847: "And the gearinsT which communicates motion to the crank is placed back of the driving wheel, which is therefore subject to be clogged by sand, dirt, straw, iS:c. — and 1)1 const i/uciicc of (lie relative position of the various parts, the attciutant is obliged to lealk on the groiittd by the side of tJie machine, to rake the cut grain from the platform as it is deli7'eredaud laid there by the reel. These defects which have so much retarded the introduction into practical and general use of Reaping Ma- chines, I have remedied by my improvements, the nature of which consists in plac- ing the driving wheels further back than heretofore, and back of the gearing which communicates motion to the sickle, which is placed in a line back of the axis of the driving wheel, the connexion being formed, &c. and also bringing the driving wheel sufficiently far back to balance (he frame of (he machine tuith (he raker on i(, to make room for him to sit or stand on the frame," &c. &c. — "zu/iich cannot be done, if the raker icalks by (he side of (he machine, as heretofore." Now if C. H. McCormick's testimony in his own favor, can be con- sidered reliable, he certainly had not ///rvv^Av/ a seat for his raker as late as 1845 — and not long prior to 1847, ^vhen he patented it; and ]\\si fourteen years after Hussey had used it e-cery year, successively. The raker's seat therefore was just as original an invention as the reel. IS BRIEF NARRATIVE OF THE The "straight sickle blade," but cut one way only, and abandoned some 10 or 12 years after its conception in 1831, as he states, appears to be the only original idea — properly belonging to whom it may — in the patent of 1834. As to the "foundation " of the machine, viz: — the platform, cog wheels, crank, :vc. &c., they have been used by every projector in reaping machines, for a century. A machine exhibited at the World's Fair in London, by C. H. McCormick, had the "straight sickle blade," but alternating the cuts every few inches. With such a machine it is impracticable to cut grain, much less grass, efificicntly, divested of the reel. That plan has since been changed to a much more efficient blade, the scolloped edged sickle. That it was used in the N. Western States by others several years previous to its adoption by C. H. McCormick, we believe admits of just as little doubt, as rests with the priority of invention of the Reel, Rakers-seat, &c. There is one other important feature, patented in 1845 and referred to in the Pusey letter;— an "Iron case to preserve the sickles from clogging;" these we will also take a look into after a while. Obed Hussey as appears by the evidence before us, made his first Machine in Cincinnati, Ohio, where he then resided, in the spring of 1833, and it was patented the same year. Threshing machines were then being introduced into that section, and were attracting much notice. Overhearing the conversation of an individual interested in such implements, he asked the question if there were no machines to reap the grain? The reply was no; " and whoever will invent one will make a fortune." Without any knowledge, as we believe, of what had been done by others, — and certainly his occupations had not been such as to make him familiar with the subject by reading, or otherwise — it claimed the attention of his leisure hours so far as to make a model. This satisfied him that the thing was practicable, and he undertook an operating machine, which although lightly made, was suf=ficient fully to test the principle. . r 1 a- j This principle — the arrangement and construction of the (juards and Knives, was precisely identical with those used by him at the present day, except an improvement patented in 1847, leaving open- ings at the back end of the slot in the guards for the escape of parti- cles of straw or grass that might get in between the blades and guards. It was communicated at the time by letter with a diagram to a per- sonal friend now living, and of the highest respectability, from whom we have a certificate, and copy of the drawing. The knives or cutters, for lack of more suitable materials were made out of hand saw blades cut into suitable form, and riveted to a bar, vibrating through an opening or slot in the guards. Judge Foster residing within a few miles of the city, and to whom he appfied, kindly offered him every facility to test the machine by cutting grain, ripe and unripe, being himself greatly interested in its success. When taken to the field, a considerable number of persons were attracted to the spot; and rather to the discomfiture of the in- INVENTION Ol' KLAl'ING MACHINES. ly ventor, for it may well be supposed it was an anxious moment to him, and he desired no witnesses to his failure. The machine was started; but owing to some part j^i\ int^ away, or some slif^ht defect not appar- ent until then, it failed to work satisfactorily. One burley fellow present picked up a cradle, and swinging it with an air of great exul- tation, exclaimed, " this is the machine to cut the wheat !" After the jeers and merriment of the crowd had somewhat subsided. the inventor remedied the defect, and assisted by the laborers present — the horses having been remo\-ed — pulled the machine to the top of an adjacent hill; when alone, he drew the machine down the hill, and through the standing grain, when it cut every head clean in its track ! The same machine was directly afterwards exhibited before the Hamilton County Agricultural Society near Carthage, on the 2nd of July, 1833. Of its operation and success, the following statements: and certificates, now in our possession, sufficiently testify. Doctor Wallace as well as some others of the gentlemen, are li\'ing witnesses of what is here stated. Cincinnati, November 20th, 1833. This may certifx', that I was present on the 2nd day of July near Carthage in this county, at an experiment trial with a machine in- vented by Mr. Obed liussey for cutting grain. The operation was performed on a field of wheat. The machine was found to cut the wheat clean, and with great rapidity. But owing to its having been imperfectly made, being only constructed for the experiment, some parts of wood which should have been made of iron, and in conse- quence frequently getting some parts out of order, a correct estimate of the quantity of work it would perform in a given time could not be made. One point was however satisfactorily established, that the principle uj)on which the machine is constructed will oj)crate; and when well built will be an important improvement, antl greatly facili- tate the harvesting of grain. I would also remark that the horses moving the machine, were walked, and trotted, and it was found to cut best with the greatest velocity. C. D. Wallace. Secretary of the Hamilton County Agricultural Society. We, the undersigned, witnessed the exhibition of Mr. O. Hussey's Machine for cutting grain alluded to by Dr. Wallace, and do fully concur with his statement of its performance. We would further add, that notwithstanding its temporary construction, its performance far exceeded our expectation. Cutting the grain clean and rapid!)-, and leaving it in good order for binding. Wc are of the opinion that the machine is capable of being propelled at the rate of five miles the hour, and do good work. The machine was worked when the cutters were both in a sharp, and a dull condition, and no difference could be perceived in its execution. ( Sii^ned. ) G. A. Mavhew, Jacob White, S. W. Folger, T. R. Seb'ring, H. B. Coffin. T. B. Coffin, A. Castner, C. F. Coffm, Wm. Paddock. 20 BRIEF NARRATIVE OF THE There are several other certificates equally conclusive and satis- factory; but we will only copy in addition to the foregoing, a short oiece from the " Farmer and Mechanic," issued July 3d, 1833, in Cin- cinnati, as follows: " Several members of the Agricultural Society on last Wednesday, attended in Carthage to see a machine for cutting wheat by horse power, in operation. It was propelled by two horses, and cut as fast as eight persons could conveniently bind, doing the cutting neatly. This machine is the invention of Mr. O. Hussey, and will no doubt prove a useful addition to our agricultural implements. Mr. J. C. Ludlow suggested that it would be good economy of time and labor, to take a threshing machine into the field, and thresh out the grain as it is reaped, thereby saving the binding and hauling to the barn or stack. We think the suggestion a good one." Here then, was the problem solved — the great discovery made, that had puzzled the brains of hundreds if not of thousands, and for centuries. No one we fearlessly assert had ever succeeded so com- pletely and satisfactorily, and with so simple and practical a machine. Some visited the exhibition determined to condemn as they after- wards acknowledged, deeming the thing impracticable; but all were convinced; for the demonstration was of that character which left no room for doubt or cavil on the minds of any. It was indeed a triumph, — not perhaps entirely unexpected to the inventor — but neither he, or any one else at that early day, could foresee the wonderful changes ultimately to be effected, and the world wide renown to be conferred on the inventor as the result of this experiment; one that was certain to immortalize his name as a pioneer and benefactor in the most useful and peaceful pursuits in life. It was too, the dawn of a brighter day to the toiling husbandman, by lighten- ing his labours, and adding to his comfort and independence; only circumscribed in its beneficial influence by the bounds of civilization. Some may possi.bly suppose that we view the invention in too glowing colours; but we have yet to meet with the farmer who owned a good reaping and mowing machine, that w^ould dispense with its advantages for twice the cost of the implement, and again be com- pelled to resort to the sickle, the cradle, and the scythe; for of a truth it completely supersedes all three in competent hands and with fair usage, in both the grain and grass crops. It is difficult to confine our narrative to its intended brief limits and select from the mass of evidence on hand, as to the uninterrupted success of Hussey's invaluable invention from that day to the present — now twenty one years. We will therefore only select a single and short account of each year; until about 1840 or '42; not long after which a few other inventors came before the public. There was however no competitor in the field from 1833, to 1841, or 1842, either in Europe or America, so far as we can ascertain, that did more than make a few occasional trials; none attracted public attention, or were successful and efficient machines even in the estimation of the projectors them- selves. The evidence proves it, and it is corroborated by our own personal knowledge, having been constantly engaged in Agricultural and Mechanical pursuits for more than thirty years — and as we believe, INVENTION OF KKAl'lNU MACHINES. 21 familiar with most of the important impro\-cments of the age; — of all in fact, directly connected with agriculture in its labour saving implements, of any notoriety. Many alleged improvements have been made in the Reaper in the past 10 or 12 years; and man\- more still, within half that period. How far they are /wz^' inventions, and actual Duprovcmcnts, we can better judge by examining Ilussey's patent; for it describes the cutting apparatus clearl)' and minutely, and which in fact is the whole thing, — the " one thing needful " to success. For the use of wheels, or a system of gearing to all kinds of moti\'e machinery is coeval with the first dawn of mechanical science. How ancient we know not, for the Prophets of old spoke of " wheels within wheels " near three thousand years ago; and it is very certain the hand of man, unaided by wheels and machinery, never erected the vast Pyramids and other structures of antic]uity. We do not believe there is a single Reaping and Mowing machine in successful operation on this continent that is not mainly indebted to Hussey's invention in the cutting apparatus, for its success: deprive them of this essential feature — disrobe them of their borrowed plumes, and their success would be like the flight of the eagle, suddenly bereft of his pinions, — he must fall; and the machines would stand still, for not a farmer in the land would use them. As previously remarked, O. Hussey's first patent is dated in 1833. We omit the more general description of the machine, and copy only what embraces the most important features, the guards and knives: also an extract from his improvement patented in 1S47, to obviate choking in the guards: "On the front edge of the platform is fixed the cutting or reaping apparatus, which is constructed in the following manner: — A series of iron spikes, and which I will c^W s;uards, are tixed permanently to the platform, and extend seven or eight inches, more or less, beyond the edge of the platform, parallel to each other, horizontal, and pointing forward. — These guards are about three inches apart, of a suitable size, say three-quarters of an inch square, more or less, at the base, and lessening towards the point. The guards are formed of a toj^ and bottom piece, joined at the point and near the hack, being r.early parallel, and about one-eiixhth of an inch apart, forming a horizontal mortice or slit through the guard; these mortices being on a line with each other, form a continued range of openings or slits through the guards. The first guard is placed on the rear of the right wheel, and the last at the extreme end of the platform, and the intermediate guards at equal distances from each other, and three inches apart, mure or less, from center to center. The cutter or saw, f, is formed of thin triangular plates of steel fastened to a straight flat rod, e. of steel, iron or wood, one-inch and a-half wide; these steel plates are arranged side by side, forming a kind of saw with teeth three inches at the base, and four and a half inches long, more or less, sharp on both sides, and terminating nearly in a point. The saw is then passed through all the guards in the aforesaid range of mortices, the size of the mortice being suited to receive the saw with the teeth pointing forward; observing always that the jioints of the saw teeth should correspond with the center of the guards. One end of the saw is connected with a pitman moved by a crank, and receiving its motion from the main axis, by one or two sets of cog wheels. The vibration of this crank must be etjual to the distances of the centers of the guards, or the points of the saw teeth, or thereabouts, so when the machine is in motion, the point of each saw tooth may pass from center to center of the guards on each side of the same tooth at every vibration of the crank; if the main wheels are three feet four inches in diameter, 22 BRIEF NARRATIVE OF THE they should in one revolution give the crank sixteen vibrations, more or less; the saw teeth should play clear oi: the guards, both above and below. * * * Operation. — The power is given by locking the wheels to the main axis, the machine has one square wheel box, the other round and locked at pleasure. If the power should be wanted, one, two, or more horses are attached and driven on the stubble before the machine, the right wheel running near the standing gram, the platform with the saw in its front edge extends on the right, at right angles with the direction of the horses, with the guards and saw teeth presented to the standing grain — when the machine moves forward, the saw moves with the teeth endwise and horizontal, the grain or grass is brought between the guards, the saw teeth in passing through the guards, cut the stalk while held both above and below the saw — the butts ofthe grain receive an impulse forward by the motion of the machine while in the act of being cut, which causes the heads of the grain to fall directly backwards on the platform— in this manner the platform receives the grain until a'sufficient quantity is collected to make one or more bundles, according to the pleasure of the operator, then it is deposited with a proper instrument by the oper- ator, WHO MAY RIDE ON THE MACHINE." Here follows the dimensions of a machine suited to two horses, which is only copied so far as refers to the cutting apparatus, viz: "the back of the saw may be from one inch to ij^ inches wide, and from three sixteenths to one quarter of an inch thick; and the steel plates for the teeth should be about one-tenth of an inch thick; one end of the mortice in the guard should be fitted to receive the back of the saw, so that the bearing may be on the back of the saw only." " In this machine the following points are claimed as new and original: — 1st. — The straight horizontal saw, with the teeth sharp on their two sides for cutting grain. 2d.~The guards forming double bearers above and below the saw, whereby tht: cutting is made sure, whether with a sharp or dull edge, the guards at the same time protecting the saw from rocks or stones, or other large substances it may meet with, :3d.— The peculiar construction that the saw teeth may run free, whereby the necessary pressure and consequent friction of two corresponding edges cutting together, as on the principle of scissors, is entirely avoided. 4th —The peculiar arrangement by which the horses are made to go before the machine, being more natural, and greatly facilitating the use of the machine, and the general arrange- ment of the points as above described. In cutting grass, the platform is reduced in width, and the grass falls on the ground as it is cut." In the improvement of the guards patented in 1847, the claim states, "I accordingly claim the opening above the blades A, fig. 3, and at D. fig i, in combination with vibrating blades. I also claim the particular application of the flush edge at the fork of the blades, for the purpose described. The end and design of the improvements above claimed, is to pre- vent the blades choking." En passant, wc would ask any intelligent and candid farmer or mechanic who has examined a successful reaper, to compare the foregoing plain specifications which all can understand, with the cutting apparatus of the most successful modern machine. And we would especially desire him to compare them in principle with the " improved form of fingers to hold up the corn, and an iron case to preserve the sickles from clogging;" not the alleged invention of 1831, by C. H. McCormick, and abandoned from 1840 to 1843, but the claims patented by him in 1845, [as stated in the letter to Philip Pusey, M. P.] twelve years after the date of Hussey's patent, INVKNTION OF K1;.\1'1N(; .\l.\< MINKS. 2.'i and twelve years after his most ccjiiiplcte and uninterrupted success in cuttint^ botli grain anti grass. In tact there was no year from, and including 1S33, up to 1854, a period of 21 years the past harvest, that we have not the most positive and conclusive evidence of the success of llussey's reaper; in numerous cases the same machines had cut from 500 to 800, and even one thousand acres; in one instance, the same machine was used for fourteen harvests, or as many years, succcssi\-ely and successfull)^ We have given some of the evidence for 1833. For 1S34 we annex two letters giving an account of the two machines made this \ear, one in Illinois, and the other in New York, viz: Spring Creek, Sangamon Co., III.. ) Oct. 1st, 1854. ( Mr. Obcd Hitsscy, Btdfi??ton'. Dear Sir: — Your favor of i\ugust loth came to hand a few days since. The reason was, it lay at Berlin (formerly Island Grove Post- ofifice) and my Post-ofifice address is Springfield, the only place where I call for letters. In answer to your query, how your Reapnig Machine worked in 1834, I have to say that it cut about sixteen acres of wheat for me on my farm; that it did the work in first rate style; according to my best recollection, as well as any of the machines that have since been introduced. The only objection I recollect being made, was, that when the straw was wet, or there was much green grass among the wheat, the blades would choke. You certainly demon- strated in 1834 the practicability of cutting grain or grass with horse power; and all the machines since introduced, seem to have copied your machine in all its essential features. I am respectfully yours. John K. Can field. The next letter, we copy from the Genessee Farmer of Decem- ber 6th, 1834. The reader will readily perceive that the author, Wm. C. Dwight, knew how to handle the pen as well as the plow, and etiually well to work the reaper, being a practical farmer. But we are pained to add that he lost his life by the fatal railroad accident at Norwalk, Ct. about a year since. From the Genessee P'armer, Dec. 6, 1S34. To the Editor of the Genessee Fanner: I wrote you last May that Mr. Hussey, the inventor of a machine for harvesting wheat, had left in this village one of his machines for the purpose of giving our farmers an opportunity to test its value, and I promised to write )'ou further about it when it hatl been put to use. For many reasons which will not interest either yourself or the public, the matter has been delayed till the first rainy day, after my fall work was out of the way, should give leisure to remember and fulfil my promise. 24 BRIEF NARRATIVE OF THE The machine has been fully tried, and I am gratified to be able to say, that it has fully succeeded; hundreds of farmers from the different towns of this and the adjoining counties, have witnessed its operations, and all have not only expressed their confidence in its success, but their gratification in the perfection of the work. As every inquirer asks the same series of questions, I presume your readers will have a like course of thought, and wish for satisfac- tion in the same particulars. To give them this, I will write them in their order, and give the answers: Does the machine make clean work? It saves all the grain. To use the language of a gratified looker-on, an old and experienced farmer, " it cheats the hogs."* Does the machine expedite the work? What the machine is capable of accomplishing, we who have used it can hardly say, as we had no field in fit order, large enough for a fair trial thro' a whole day; and can only say what it has done. Five acres of heavy wheat, on the Genessee flats, were harvested in two hours and a quarter. In what condition is the wheat left, and how is the work done where the wheat is lodged? The machine leaves the wheat in gavels large enough for a sheaf, and where grain stands well enough to make fair work with the cradle, it leaves the straw in as good condition to bind as the gavels of a good reaper. Whether the grain stands or is lodged is of little consequence, except as to the appearance of the sheaf, and the necessity of saving more straw, when lodged, than is desirable. The condition of the sheaf when the grain is lodged depends much upon the adroitness of the raker. What number of hands, and what strength of team is necessary to manage the machine advantageously? Two men, one to drive the team and the other to rake off the wheat, and two horses, work the machine; but when the grain is heavy, or the land mellow, a change of horses is necessary, as the gait of the horses is too rapid to admit of heavy draft The horses go at the rate of four to five miles an hour, and when the growth of straw is not heavy a fair trot of the team is not too much. Is the machine liable to derangement and destruction from its own motion? This is a question which cannot be so directly answered as the others. We have only used the machine to cut about fifty acres, and have had no trouble; judging from appearances so far, should say it was as little subject to this evil as any machinery whatever. The wear upon the cutting part being so little as to require not more than fifteen minutes sharpening in a day; there is no loss of time on this score. Is the sheaf a good one to thresh? The man who has fed the threshing machine with the grain of twenty acres cut by this machine, says the sheaves are much * The hogs are the gleaners in this section of country. INVENTION f)F REAPING MACHINES. 25 better than those of cradled grain, and quite as good as those of a reaper. There is one more advanta<^c beyond ordinary inquiries, of conse- quence, where so much grain is raised as in this valley; be the grain ever so ripe, there is no waste of grain by any agitation of the straw, and all the waste which can take place must arise from the handling and shaking in binding. I am yours, &c. W'.M.C. DWIGHT. Moscow, Livingston Co. N. V.. Nov. 14, 1834. N. B. The machine we used was intended only for upland, but Dy some little alterations and additions we used it with equal facility on all kinds of soil; and it can be used on any farm so clean from stumps and stones as not to endanger the blocking the wheels. The following letter is evidence for 1835, and also refers to the originality of the invention by O. Hussey. P.XLMVRA, Mo., Au^g-. 14, 1S54. Friend Ilussey — Yours duly received. As to the machines sent by you (ordered some two years since) they both worked well. Before you had invented your machine in 1831 or 1832, your attention was drawn to a mode of cutting grain, hemp, and grass, and you told me you thought you could invent such a machine to be drawn by horses; and after you had returned to Cincinnati from Laurencchurg, you wrote me a letter in '32 or at the furthest in '33 (for I left Indiana 2nd Oct. 1833) with a draft and descrii)tion of a plan for cutting grain. The draft was thus (here follows a diagram of the cutting apparatus exactly as described by the patent) and the description was, that these knives were to work by the motion of the wheels, being a perfect description of the invented principle. As soon as I saw the plan, I was satisfied of its success and wrote to you that there was no doubt of the success of your machine; that it was astonishing the world had so many thousand years been confined to the sickle when so obvious a mode of cutting grain and grass existed; and shortly after you obtained a patent for the machine. On the 6th July, 1835, yo^^ brought to Palmyra two of your machines, and they were put in operation near this place — one in a meadow between here and Philadelphia, and one in the heavy grass in Marion City bottom.* The machines did cut well. I was the editor of the Missouri Courier, from the month of November, 1833, until 1838, and brought your machine before the public; it excited much attention, and its performance was highly satisfactor\'. The results of the trials were published in the paper by me in August or September, 1835. I knew of the cajiacit)' of the machine, and that it did so execute in the bottom three acres an hour. In this I cannot be mistaken, for I felt at the time the deepest interest in the success * Both of these machines were sold to Wni. Muldrow, Agent, of Marion College, Alarioii county, Mo. 26 ■ BRIEF NAKKATIVE Ob' THE of the machine. Mr. McEhoy is dead, where you boarded, and also Samuel Muldrow and James Muldrow. Still I will inquire if any persons can be found who were present. I know the results, and recollect distinctly the reception the machines met with, and the prices, to wit: $150 each. Muldrow bought another for S;oo — which was a whirling wheel. You recollect it: it never run any. Yours, I know it was said then, would cut off brush large enough for a hoop-pole. Court is now in session, but as soon as I can ascertain the witnesses (at the exhibition) I will write you further. But my recollection is distinct, from the relations existing between us, my interest in machinery generally, and my position as editor of the only paper of this section of country. As ever, your friend, Edwin G. Pratt. In 1836, O. Hussey visited Maryland at the written solicitation of the Board of Trustees of The Maryland Agricultural Society, for the Eastern Shore. The fame of his reaping exploits in the State of New York, and the far West, had reached the East; though with something like a " snail's pace." We had not then the Magnetic Tele- graph, which with lightning speed enables the East to ta/k with the \\'est; nor even the "iron horse," by whose speed and power, the reaper that cut a large crop of wheat in Maryland, could within the same week, cut another equally large in the valley of the Mississippi; but it then required some two to three j/cars to prepare the public mind for the reception of the machine here; and owing to the limited means of the inventor, the transportation from place to place was often done by a single horse; accompanied by the inventor foot-sore and weary from walking hundreds of miles! The annexed certificate was given, published, and widely circu- lated after a full trial of the machine, in cutting more than two hun- dred acres, and by large farmers and practical men, known throughout the State. Comment is unnecessary on such a paper; but we feel bound to state that it was mainly owing to the exertions of the liberal public spirited gentlemen, the last, though not the least of the signers, Gen. Tench Tilghman, that the Reaper was then introduced into this State. He was the early and steadfast friend of the Patentee, and to the cause of agricultural improvement in our State. Strange as it may appear to many at the present day, and notwithstanding these demon- strations in Ohio, Illinois, New York, Missouri and Maryland, which did not admit of cavil or doubt as to the entire efficiency and success of Hussey's reaper, scarcely a farmer could be found ready and willing to take hold of it, and aid the Inventor in introducing it into use. But farmers as a class are proverbially cautious, and disinclined to change from established customs and usages; it often requires " line upon line and precept upon precept," aided too, by almost a free gift of the article, to induce them even to give a new agricultural implement a fair trial, — a plough for instance, that will do better work, with a fourth INVENTION (JF KKAIMNO MACHINES. to a third less draught; the old and nearly worn out implement " does well enouf^h." Gen. T. was, we believe, the first farmer in Maryland to use, and purchase a reapin<^ machine; and by so doinj^, to aid the inventi\e cj^enius and talent of his countrj-mcn, and also at the same time greatly to benefit the interest of his brother farmers. It avails little to the inventor, or the i)ublic, how valuable his imjn'ON'ement may be, — for in nine cases out of ten the iinentor is limited in means — if none can be found who are both able and willin<^ to lend a helpint:^ hand to modest merit; for true genius is ever modest; and unfortu- nately the term is too often synonymous with penury and want. Very few of the really valuable inventions inure to the benefit of the inventors, — even to a tithe of the profits that are occasionally realized. His necessities often compel him to a forced sale of his Patent right to some capitalist who has the tact to turn other men's wits to his own advantage; or the Public, — which sim[)ly means other cajiitalists of another description, who possess little or no inventive genius them- selves, and just about as much princij^lc as genius — seize upon the invention, and often in spite of law, justice, or right, reap the reward justly due to another. This however, is a digression for which we beg the reader's par- don; but we could not let the occasion pass, without rendering this honest tribute to the public spirited farmer, v.-ho had the discernment to perceive its merits, and the liberality to aid its introduction, of one of the most valuable improvements of this, or any age. REPORT of the Board of Trustees of " The I\Iar\'land Agricultural Society," for the Eastern Shore, on the Machine for Harvesting Small Grain, invented by Mr. Obed Hussey of Cincinnati, Ohio. — Trial for Harvest of iSj6. The favorable accounts of the operation of this implement, in sev- eral of the Western States, induced the Board to invite Mr. Hussey to bring it to Mar}-land and submit it to their insj:)ection. It was accord- ingly exhibited in Oxford, Talbot Co., on the first of July, in presence of the Board and a considerable number of other gentlemen. Its per- formance may justly be denominated perfect, as it cuts every spear of grain, collects it in bunches of the proper size for sheaves, and la\-s it straight and even for the binders. On the I2th July, a public exhibi- tion was made at Easton, under the direction of the Board; several hundred [)ersons, principally farmers, assembled to witness it, and expressed themselves as highly satisfied with the result. At the Trappe, where it was shown by the Inventor on the following Saturday, an equal degree of approbation was exinced. It was afterwards used on the farm of Mr. Tench Tilghman, where i8o acres of wheat, oats, and barley were cut with it. Three mules of medium size worked in it constantly with as much ease as in a drag harrow. They moved with equal facility in a walk or trot. A concise description of this simple 28 BRIEF NARRATIVE OF THE implement will show that it is admirably adapted to the important purpose for which it was invented. Resting on two wheels which are permanently attached to the machine and impart the motion to the whole, the main body of the machine is drawn by the horses along the outer edge of the standing grain. As the horses travel on the outside of the gr'ain, it is neither\nocked down or tangled in the slightest degree. Behind the wheels is a platform, (supported by a roller or wheel. ) which projects beyond the side of the machine five feet into the grain. On the front of the edge projecting part of the platform is the cutter. This is composed of twenty-one teeth resembling large lancet blades, which are placed side by side and firmly rivetted to a rod of iron. A lateral motion is imparted to it by a crank, causing it to vibrate between two rows of iron spikes, which point forward. As the machine advances the grain is cut and falls backwards on the plat- form where it collects in a pile. A man is placed on the part of the platform directly behind the horses, and with a rake of peculiar con- struction, pushes off the grain in separate bunches, each bunch mak- ing a sheaf. It may appear to some that the grain will accumulate too rapidly for this man to perform his duty. But upon considering the difference between the space occupied by the grain when standing and when lying in a pile after it is cut, it will be evident that the raker has ample time to push off the. bunches even in the thickest grain. In thin grain he has to wait until sufficient has collected to form a sheaf. The machine is driven around the grain, which may be sown either on a smooth surface or on corn ridges. For the first round a way may be cleared with a cradle; but this is deemed unnecessary, for the grain when driven over, is left in an inclined position, and by cut- ting in the opposite direction as much of it is saved as with a cradle. Fourteen acres in corn lands were cut between lo A. M., and 7% P.^ M. The hands had never worked with the machine before, nor was it a trial day's work For owing to the shortness of the straw, the machine was not allowed to cut when passing over the ridges from one side of the ground to the other, and this time was consequently lost. From the principle on which the cutting is performed, a keen edge to the cutter is by no means essential. The toughest weeds, an occasional corn stalk or a stick of the thickness of a man's little finger, have been frequently cut without at all affecting its operation; it can be sharp- ened, however, in a few minutes with a file. The width of the swath may be increased by having the cutter made longer, and the same machine will cut a stubble of several different heights. There is ample room to make the different parts of any size, though the strength of every part has been fully tested. The machine has been often choked by oyster-shells getting into the cutter, in attempting to cut too low a stubble. The motion of the machinery being checked, the main wheels slide on the ground; the strain on every part being equal to the power exerted by the horses. It can be managed by any intelligent careful negro. We deem it a simple, strong, and effective machine, and take much pleasure in awarding INVENTION i)F KKAl'ING MACHINES. 29 unanimously the meritorious inventor of it a handsome pair of sil- ver cups. ' ROBT. H. GOLUSHOROUGH. SAMUEL STEVENS, SAME. T. KENXARD, ROBT. BANNEXG, SAME. HAMBLETON. Sr. NICHE. GOEDSIKJROUGH, ED. N. HAMBLETON, JAMES LL CHAAn^^REAIN, MARTIN GOEDSBUROUGH, HORATIO L. EDMONDSON, TENCH TIEGHMAN. The following three letters not only embrace the year 1837, but are equally c^ood evidence from that period to the present, 1854. As they are short, and to the point, we use them all. The very appropri- ate and just remarks of Col. Hughes as regards the rights, and what is due to inventive talent, we most cordially respond to; as must every right minded and disinterested reader. He refers to Col. Edw. Lloyd of " Wye House" as the largest wheat grower in Maryland; we much doubt if he is not the largest in the Union. Several years since, he informed us that his average crop of wheat was from 33 to 35 thousand bushels; and a year or two ago we learned that the crop exceeded forty thousand bushels. He now, and for many years past has used Hussey's Reaper exclusiv^cly. More satisfactory and conclusive evi- dence cannot be given, or desired, than is afforded in these three let- ters, of the early use, and long proved efficiency of the invention. HoRNEWOOD, E. Shore, Md., Aug. 22, '54. Dear Sir: — In reply to your enquiry whether I recollect the time, and the success of your reaping machine at my father's in 1837, I answer that I do perfectly; and also seeing it in operation in company with my friend Mr. J. H. Luckett, of Balto., at Col. H. L. Edmondson's of Talbot Co. the same season. My father expressed himself highly satisfied with the perform- ance of the reaper, as did other gentlemen who saw it in operation at Cheston. So well convinced was my father of the value of the machine, that he offered you a considerable advance per acre on your charge for cutting, to remain and reap his two fields, say 125 to 130 acres, which you declined, owing to prior engagements. At an early date after this trial, my father secured one of your reapers, and the farm has since never been without. My brother Dr. DeCourcy has now one which did its work most excellently well this past harvest, and without any stoppage. With some trivial repairs, it has been in successful use nearly ten years. Wishing you every possible success with your reaper, for which the agricultural community owe you a heavy debt, I am respectfully, yours, N. H. RoziER DeCourcey. 30 BRIEF NARRATIVE OF THE Baltimore, October 17th, 1854. To Obcd Hjtssey, Esq. Sir — In the harvest of 1837 I saw one of your Reapers in opera- tion in my neighborhood [West River, Anne Arundel Co., Md.] in charge of the Hon. John C. Weems, who I believe was the owner of it; and was so much pleased with its performance, that I ordered one from you in the following year, 1S38, which you set in motion for me. It worked most admirably, and fully met my expectations; as it has dtmc from that early period to the present day. In a loose way, I estimated that in the saving of labour, and grain from shattering, it nearly or quite paid for itself the first harvest. Since then the machine has been much improved. Up to the time I purchased, very few had been used in this State. The first, as I have always understood, was bought by that intelligent and enterprising farmer. Gen. Tench Tilghman, of Oxford, Talbot County. In 1838, Col. Edward Lloyd, of "Wye," Talbot Co., the largest wheat grower in Maryland, and myself, as above mentioned, availed ourselves of your invention; but I did not hear of any other orders for it in this State. It came, like most other agricultural implements, slowly into use; and I fear has not fairly compensated you for the labor and ingenuity bestowed upon it. This, however, is too often the fate of discoverers and inventors; and others reap the fruits of their toil and genius. I have long thought that governments were unjust to inventors; and could never understand why a man ha= not the same right of property to a machine conceived in his head, and con- structed by his hands, as to that acquired in any other manner. The same that a farmer has to the lands he owns. Very respectfully, y'r ob't serv't, Geo. W. Hughes. Oxford, Md., Sept. 22d, 1854. Mr. Obcd Hussey : Dear Sir: — I recently received from the Commissioner of Patents the Report on Mechanics for 1853, and have examined with much interest the descriptions of what claim to be improvements in the Reaping Machine. I was rather surprised to find that so many of them were almost identical with the notions which were tried and rejected during the season you spent with m.e nearly twenty years ago; when for the first time, (I believe,) a reaper was used throughout our entire harvest, on a farm as large as six hundred acres. You had just then arrived from Cincinnati with two machines — one a reaper, and the other a reaper and mower. They were exhibited publicly at Oxford and Easton, and their operation on wheat gave entire satisfaction. The work throughout the harvest was equally well done; the only objection being the delay caused by repairing the machinery, a difificulty common to all new, machines of much power at that period. Since then, I have used one or more reapers every year, and have INVENTION OK KKAI'INO MACHINES. 31 watched with much interest tlie progress of their inii)rovemcnt. I have examined most of those which luive the best reputation, and do not behave there is a single one in which the cutting principle has not been copied from yours. In attempting to avoid an infringement of your [patent, variations have been made cither in the cutting apparatus, or the driving machin- ery, by which they have been made more complicated and less effi- cient. Burrall's, which approaches nearest to j'ours in simplicity and efiliciency, is so close a copy, that I do not see how the courts could refuse an injunction to prohibit the use of it. The only material differ- ence is the attempt at a side delivery which was tried by you on your first machine, and proved an entire failure. Believing sincerely that the farmers of the U. S. owe you a debt of gratitude, which a regard for themselves should prompt them to pay, and understanding that attempts have been made to question even the priority^ of )'our in\'ention, I send )'ou a volume of the Genessee Farmer published in 1834, which will show the opinion entertained at that time by the farmers of that celebrated wheat growing region, both as to the efficiency and priority of your reaper. Vour ob't serv't. Tench Tilghm.\n. As we have already much exceeded the intended limits of the narrative, we might, perhaps, with propriety, here rest the Enquiry, having as we think satisfactorily shown, and by evidence that cannot be disproved; first, that for a period of 9 or 10 years after the alleged invention of the reaper by C. H. McCormick in '31, he did not sell a single machine; nor could he establish by all the evidence adduced before the Board of Extensions, in 1848, that prior to 1840 or 1S41, was his reaper in any degree an effective or practical machine; for as he himself states in the letter to Philip Pusey, Esq., M. P., it was not until very material alterations — all essential it may be said — were made, some 6 or 8 years after the date of the patent, could the machine be made to work even tolerably well. Indeed, he states, " I may say the\- were not of much practical value, until the improvements of m\' second patent in 1845," being eleven years after the date of the patent, and fourteen years after the alleged invention in 1831. On the other hand we have shown by as good and respectable testi- mony as can be had in any cause, that from 1833 to 1854, a period of twenty-one years, Hussey's invention was most efficient and satis- factory, every year : not by cutting a patch of the fraction of an acre, but by reaping hundreds, nay thousands of acres annually, by the few machines placed in the hands of the farmers from '33 to '40. As however, we ha\e given no direct evidence from Delaware, or V'irgiuia, none from North Carolina, and but one from New York, we annex a few short testimonials from each, that embrace the period from 1838 to 1845; ^"cl ^vith a few more of the same respectable char- acter up to 1853, both in this country and in England, we will leave the decision of the question to the intelligent reader. — We will how- 32 BRIEF NARRATIVE OF THE ever, call the reader's attention to the concluding paragraph of Maj. J. Jones' letter, from Delaware — one of the smallest States, but contain- ing as large a proportion of noble minded, talented men, and as good practical farmers, as any in the Union.* It will be perceived that a Reaper sold in 1838 to the St. George's, and Appoquinomick Ag. Society, had, after subsequently coming into the possession of Col. Vandergrift, and prior to 1845, " cut about seven hundred acres of his grain," and "was then in good repair"! We wish it was in our power to state, how many times seven hundred acres, this single machine had reaped since 1838. Wheatland, Del. July 21, 1845. Mr. Hussev — Dear Sir: I have just finished cutting my oats; I finished cutting my wheat on the 28th of June, having cut over 160 acres, excepting what was cut by a cradle in opening tracks for the horses and rounding "the corners so that the machine might sweep round without loss of time in turning, which it did with ease and certainty, cutting more than 20 acres a day on an average. A part of the wheat was so heavy as to require three active shockers to keep up with the cutting; the whole cost of all necessary repairs 3 1 % cents for the harvest. Of the two machines which I purchased of you, I used the large one, having sold the small one to Richard Millwood, who rents the farrn of Dr. Noble. Strange as it may appear, I could find no la?id- holder in the vicinity who had enterprise enough to risk the purchase of that machine until they could see it work; but after the perform- ance was once witnessed, the impression it made was such as to justify me in ordering you to have ten ready by next harvest for New Castle County, Del. Mr. Millwood's wheat was very heavy, one measured acre having 60 dozen sheaves upon it, and the whole cutting tinie on the 40 acre field was but two days, making for the small machine a full average of 20 acres per day, without any repairing or accident. None of the hands who worked it had ever seen such a machine before those you sent to me My crop has not all passed through the half bushel yet, but it will fall but little short of 3000 bushels— I expect it will all be in market to-morrow. In conversation with Col. Vandergrift, the present owner of the Reaper you sold to the St. George and Appoquinomick Agricultural Society, in 1838, he told me that he had cut about 700 acres of wheat and oats with it since he owned it, and up to that time the cost of repairs had been $1.25 for every hundred acres cut. It was then in good repair. Yours, John Jones. *It is reported of one of her sons, that during the struggle for Independence, when a Delegate to the Convention from one of the largest and most powerful Colonies was ready to quail and almost despair of success in the unequal contest, he was encouraged and cheered on by a member from little Delaware; and told, that when he found his Colony likely to be overrun by the enemy, to call on Delaware for aid— she would lend a helping hand, INVIiNTlUN OF KEAI'ING MACHINIIS. 33 Jefferson County, Va., Au<^^ 9th, 1845. To Mr. Obcd Hiissey — Dear Sir: We the undersigned having used your Reaping machine during the recent harvest in cutting our respective croj).s, take great jileasure in tendering to you this voluntary testimonial of the very high estimation in which we hold your invention. We ha\e now tried your machines fully and fairly, and we are unanimous in the conclusion that in every case they have borne the test in a manner which has excited our highest admiration of their merits. We were particularly pleased with their work in lodged grain; they cut and gather every straw with the utmost ease, and the only fault at all that we have had to find with them was that they did not cut wet grain with facility; this single defect however, we are pleased to perceive y^ou have completely remedied with the late improvement ( with open guards to the knives, &c.) which the most of us saw at work in Mr. Wm. Butler's field cut wet grain and green oats as well as could pos- sibly be desired — it will also cut timothy and clover — so that now we have no hesitation in recommending your Reaper, as we hereby most cordially do, to our brother farmers, as the most complete and efficient in agricultural operations, and as one which, whilst from its simple and substantial construction, is not liable to be broken or to get out of order, will at the same time save its owner the first year more than its original cost. Wm. Butler, W. G. Butler, J. H. T.WLOR, Jas. S. Makkell, W. Shortt, V. M. Butler, Joseph M'Murran, Andrew M'Intire, Daniel G. Henkle, Adam Smell, David L. Hensell, George Tabb, John Marshall. Washington County, Aug. 7th, 1845. I hereby certify, that I have used Mr. Obed Hussey's Wheat Cutter through the late harvest, and that it answered my fullest expectations, in every respect, except that it will not cut when the wheat is divnp from rain or the dcivs of the )norning. I cut 140 acres of wheat with it in nine days; and on one occasion, cut off 30 acres in 18 hours, from day- light in the morning until ii o'clock the next day, and with the same 4 horses, never having changed them during that time. John R. Dall. Oaklands, (near Geneva,) N. Y, ) 26th August, 1845. ) Mr. Obed Hitssey, Baltimore — Dear Sir: I laving housed all the grain crops of this farm, it is due to you that I should now frankh- admit the remo\al of all my doubts in regard to the effectiveness and excellence of your "Rea[)ing Machine." The doubts expressed in my early correspondence with you arose from the many abortive attempts in this country and in England to 3 M KRIEK NARRATIVE OF THE uroduce a Reaping Machine, possessin<^ power and simplicity and dur- ability; most of them were complicated, and proved too fragile. Soon after the arrival of your Machine, I tried its power and became readily familiar with the manner of using it; the result of my experience will appear from the following facts: The Wheat Crop of this farm covered 104 acres, producing 2,540 shocks, 30,480 sheaves, as counted on the ground, and again when housed in the Grain barn and sheds. The whole crop was cut by your Reaping Machine, in eight days, using one team, a boy to drive, and a man to manage the machine. The average quantity cut per day was 13 acres. The largest quantity cut on any one day, was 17 acres. The longest period for working the machine on any one day was nine hours. Seven men were stationed on the field to bind the sheaves. The cost of ciitti)ig the wheat with }'our machine is ticcnty-five cents per acre. The total cost for cutting, raking, binding and shocking, is scventy- eight cc?its,^.nd a fraction per acre. The cost may be stated as follows, viz: A man and team for 8 days at 51.50 per day, $12 A boy to drive for 8 days at 50 cts. per day, 4 Interest on cost of Machine and for wear and tear, say at 10 per cent. 10 $26 Which is equal to 25 cents per acre on 104 acres. The seven men employed to rake and bind, received each ^i per day for eight days, say $56 — which sum added to the cost for cutting or reaping, gives a total cost of $82 — or 78 88-100 cents per acre. I have compared this cost, with the cost j^aid by my neighboring farmers this season, and find it vastly in favor of your machine. The individual in this town who harvested with the most economy, paid Si 13-100 per acre— other farmers have paid from $1 25-100 to $2 per acre. Since the wheat harvest, the machine has cut with signal advantage about twenty acres of oats. The wheat and oats were cut with such neatness and precision that the gleanings were not sufficient to pay the labor of raking. The machine remains in perfect order; and did not fail to perform all you promised. I deem it one of the best labor-saving machines exer offered for the advantage of the farmer; its effectiveness, simple and durable con- struction, have been witnessed with satisfaction by a large number of my neighbor farmers. Respectfully yours, J. Delafield. The machine alluded to in the above letter is the low priced one at Si 00. For 1846, '47 and '48, we copy from the Richmond Planter and INVKNTION OF lr the farmer to purchase, the Maryland State .Agricultural Society in 18n2 offered a prize of one hundred dollars,— the largest yet offered in the country— for the best machine, to be tested by a committee appointed by the Society; a large committee of men of the first standing in the State, and all large wheat growers, was appointed, and extended notice publisheil of the trial to take place at "Wye " the scat of Col. Edward Lloyd, Eastern Slu)re, Md., in July. Every effort was made by the Society and Committee to give a fair and satisfac- 42 BRIEF NARRATIVE OF THE Harewood, i2mo,8, 1S52. Having used one of O. Hussey's reaping and Mowing Machines during the last harvest (1852) I can state that in cutting Wheat, Oats and Cloverseed — also in mowing my crop of grass, it has fully answered my expectations, doing the work better than I ever had it done by the scythe, and at much less expense. The machine has been tested by cutting some fifty to sixty acres of grass — quite sufficient to prove its complete adaptation to mowing as well as reaping. EDWARD STABLER. Wye House, Dec. 20, 1852. Dear Sir:— Having worked your Reaper for many years, I have fully tested its merits. It has proved itself to be, not only a wheat saving implement, but a labor and time saving one — these arc all im- portant to the farmer. It does its work completely, regardless of the position of the wheat, if in condition to bind. Those you sent me in the spring worked well through the harvest, and proved their strength. Yours respectfully, EDWD LLOYD. Oxford, Md., Dec. 8, 1852. Mr. Obed Hussey — Sir: I have used your Reaper with such entire satisfaction, that I am but performing a duty to my brother farmers by recommending it in the strongest terms. For sixteen years I have used a Reaping Machine, and know from experience that the most important qualities are .v/;y//^/// and simplicity. In these respects your machine is superior to any other, and is the only one I have seen which can be safely entrusted to the manage- ment of ordinary overseers, with negro laborers. Yours, &c., TENCH TILGHMAN. Hayes, Montgomery Co., Md., Dec, 7, 1852. I purchased in the year 185 1 one of Mr. Obed Hussey's Reaping Machines — I used it that year and this year in cutting my grain; I was pleased with the machine; I consider it a valuable implement, and hope never to be without one while I continue to be a farmer. My machine was used in cutting wheat and oats — it was not designed for grass; I employed it about half the day, and reaped about ten acres of land in grain — the rest of the day was devoted to the securing of the grain; I used four horses. My machine, I believe, was of the smallest tory trial; as the extent of crops in that fine wheat growing region, and extensive level face of the country, are unsurpassed anywhere for such an exhibition. But two machines were entered for competition, McKeever's and Hussey's. The prize was awarded unanimously to Hussey. Why no others could be induced to attend.was a matter of surprise at the time, and so remains with many. INVENTION OF HEAPING MACHINES. 48 size, and was without front wheels; with wheels it wovihl ha\e been a relief to the horses. I cannot speak of the relatixx- value of this machine compared with others, hav in', and being requested to give my opinion upon its execution, I state that it performed its work admira- bly, laying the corn when cut \ery neatly for tying up, and leaving the stubble very regular. MARLBOROUGH. Following upon these various successes, an advertisement from the proprietors of McCormick's Machine, appeared in the public papers, as follows: MR. MCORMICK'S AMERICAN REAPER. Public Challenge to Makers and Venders of Reaping Machines. — We, the undersigned, agents for Mr. McCormick, having observed sundry ad\'ertisements and circulars complaifiing of the decision of the Jurors of the Great Exhibition of 185 1 in favor of Mr. McCormick's Reaper, and of the reports given in the public journals of the trials which led to such decision, do hereby give notice to Messrs. \Vm. Uray & Co., Messrs. Garrett & Son, Mr. O. Hussey, and all other makers and venders of Reaping Machines whatsoever, that M'CORMICK'S RP!APER will be tried at the Cleveland Society's Show at Marton, Middlesboro, near Stockton-on-Tees, on the 25th inst., and publicly CHALLENGE them or any of them, to meet us there, with their machines, for the purpose of a comparative trial of the respective merits of each, to be determined by the Chairman and Council of the Cleveland Society, or by such Judge or Judges as the said Societ\- may appoint. BURGPvSS & Kl'LV, 103, Newgate-street, London. ' The Challenge was immediately accepted. MR IIUSSEV'S AMERICAN REAPER. " In answer to an ad\ertisement which appeared in the Times of the iSth, from Messrs. Burgess & Ke\', giving us a PUBLIC CHAL- LENGE, to a TRIAL of the AMERICAN REAPING MACHINP:S, we hereby announce that we shall willingly ACCP2PT the SAME, and on the 25th inst., we shall be prepared at the Cleveland Society's Show. Marton, Middlesborough, near Stockton-on-Tees, to prove to the Agricultural World, the superiority of HUSSEV'S REAPER, for gen- eral farming purposes. Wc stipulate, however, that the Machines shall be tested, not only on a particular patch of good upstanding grain, where they might, perhaps, prove equal, but on an average variety of condi- tion, as to short and laid corn, &c.. such as the farmer will usually meet with. Its capabilities for cutting green crops, such as clover, &c.. shall also be proved. It must be evident to the Farming Public, that the Reaping Machine which will cut a crop of the greatest variety and 52 ENGLISH I'LBLICATIONS. difference of condition must possess the greatest merit. WM. DRAY & CO., Agricultural Warehouse, Swan-Lane, London Bridge. Accordingly the matter was arranged, and the following gentlemen were called upon to act as jurors: Henry Stephen Thompson, Esq., of Moat Hall, Foremaji ; Mr. Wm. Lister ofDunsa Bank; Mr. Jno Booth of Killerby; Mr. John Parring- ton, of Brancepeth; Mr. Wm. Wctherell, ot Kirkbridge, Darlington; Mr. Rob't Hymers, of Marton; Mr. Christopher Cobson, Linthorpe; Mr Rob't Fawcitt, of Ormsby; Mr. Joseph Parrington, of Cross Beck; Mr. John Outhwaite, of Bainesse; Mr. Geo. Reed, Hutton Lowcross; Mr. Thomas Phillips, of Helmsley, and Mr. Thomas Outhwaite, of Bainesse. The following were the conditions to be submitted by the repre- sentatives of the respective machines: "The machines to be tried on wheat and barley in such order, and for such lengths of time, as the jurymen may direct. The jury to have full power to use any means they deem advisable, in order to put the machines to the severest trial. The jury in deciding on the merits of the two machines; to take into their consideration: 1st. Which of the two cuts corn in the best manner. 2d. " " causes the least waste 3d. " " does the most work in a given time. 4th. " " leaves the corn in the best order for gathering and binding. 5th. " " is the best adapted for the ridge and furrow. 6th. " " is the least liable to get out of order. 7th. " " at first cost is least price. 8th. " " requires the least amount of horse labor. gth. " " which requires the least amount of manual labor. As no report was made of the trial on the first day, the following may be relied upon: From the Gateshead Observer — September 2'jth, 185 1. It was curious to see on the soil of a Cleveland Farm, two imple- ments of agriculture lying side by side in rivalry, respectively marked — " M'Cormick, inventor, Chicago, Illinois," — " Hussey, inventor, Bal- timore, Maryland " — America competing with America, on English soil. Mr. Hussey led off. An attempt was made to keep back the eager crowd; but their curiosity was irrepressible — they flocked in upon the machine so that the experiment could not be properly performed, nor could the jury duly discharge their duties.— P. C. Thompson did his very best — he was all but everywhere at once; but what avails a police- force, one strong, against a concourse of Yorkshire yeomanry and clowns? It was requisite that he should have recruits; and a body of self-elected "specials" came to his aid, who succeeded in procuring approach to a clear course, Mr. Hussey then took his seat anew, and his machine cut down a breadth of wheat from end to end of the field. It seemed to us to do its work neatly and well. The wheat was ENGLI.SM I'l ULICATIONS. o3 cleverly delivered from the teeth of the reajjer, and handed over to the binders by the rake. I To WillitDU Druy and Compa}iy.~\ Stockton-on-Tees, September 27th, 1851. Sir, — Having been in communication with you relative to the trial of your Reaper against M'Cormick's, and feeling deeply interested in the introduction of the new Implement into this district, particularly one of so much importance as a Reaping Machine, I think it is not probably out of place in me if 1 give you the result of my observations during the two trials which have taken place. From the fact that M'Cormick's Machine obtained the prize at the Great Exliibition (though I do not pin my faitli upon awards made by Agricultural and other societies,) the letter of Mr. Pusey's, in the Royal Agricultural Society s Journal, the various newspaper reports, &c.. &c.; it was natural for me to be predisposed in favor of M'Cormick's Machine; indeed Mr. M. had a prestage in his favor, which of course operated against the " Little Hussey." Previous to starting, at Marton, on Thursday, the gentlemen representing M'Cormick's machine expressed them- selves desirous of testing the machines early in the morning when the dew was on, believing that their machine would cut the grain under such circumstances, and that yours would not. Well, on Thursday we had a deluge rain, the surface of the land was very soft, and the corn very wet. Everybody there was astonished to see your machine brought up the field at a trot, cutting its way to the admiration of all present; it not only cut to the leaning corn, but it cut cross over the corn leaning to the left of the postillion, (I presume I must call him.) McCormick's machine then attcniptcd to start (he made two or three attempts) but the attendant confessed it was impossible to do so. That there might be no mistake about it, your representatives pro- posed that their machines should go up again; the jury said " No! we are satisfied that \'our machine can cut it under the present circum- stances," and so ended Thursday's trial. Frorn the Gate si lead Observer, October 4. We left the members and friends of this society, on Friday, the 26th ult., on the Show-ground at Middlesbrough, immersed in rain. The scene now shifts to the Townhall — where, in a handsome and spacious apartment, we find them assembled in the evening, to dinner, to the number of 150, with the Earl of Zetland in the Chair, and in the vice-chair Mr. John Vaughan, of the firm of Bolckow & V^aughan, iron-masters and manufacturers. His lordship was supported h\' the Rev. W. F Wharton, of Birimngham, and Messrs. J. T. Wharton, Henry Pease, G. D. Trotter, Isaac Wilson, George Coates, J. W. Pease, George Reade, John Pierson, &c.; and the vice-chair b\- Messrs. C. Dryden, W. Fallows, R. Chilton, &c. In the body of the hall were the leading inhabitants of the town and neighborhood; also, Mr. Burgess and Mr. Samuelson (who had come to the meeting with Mr. 54 ENGLISH ITBLICATIONS. ^IcCormick's reaping machine), I\Ir. Hussey, the inventor of the reaper which bears his name, and Mr. Pierce and Mr. Stevens (on the part of Messrs. Dray & Co., Agents for Mr. Hussey.) On the removal of the cloth, the noble Chairman--(bchind whose seat was inscribed on the wall in conspicuous characters, " Success to the Cleveland Agricultural Society— Eighteenth Anniversary "—gave the customary loyal toasts, and took occasion to observe, that had it not been for the Exhibition of Industry, projected by Prince Albert, the " Reaping Machine," from which he anticipated great benefits to agriculture, would not have been introduced into this country. (Applause.) The Earl of Zetland again referred to the reaping machine. Such an aid to agriculture, his "lordship observed, was needed in Cleveland and elsewhere. Mr. J. T. Wharton, of Skelton Castle, said he had never witnessed so much enthusiasm in an agricultural district as was displayed in con- nection with the reaping machine. Had the day been fine the num- ber of spectators present yesterday (Thursday) would have been at least fourfold what it was. Bad as the weather was, not only was there a large muster of members of the society, but 803 persons, many of them from a considerable distance paid sixpence each for admis- sion to the ground. — The trial of the rival machines was, unfortunately, so short, and conducted under such adverse circumstances, that it was impossible to pronounce any opinion as to their relative merits; but what he saw of Hussey's was as satisfactory as he could expect. (Applause.) Mr. George Reade, of Hutton Lowcross, said, had it not been for the boisterous weather, the receipts of the society at Ormesby and Middlesbrough would have been marvellous. As it was, there was a large assemblage to witness the trial of the American reaping ma- chines, and they were regarded with an anxious desire that they might succeed. Indeed, let any ingenious mechanic — he cared not whether he was English, Scotch, Irish, American, or German — come before a jury of the farmers of Cleveland with an implement or machine for the improvement of Agriculture, and it would be judged with candor, impartiality and uprightness, and the inventor should go home satis- fied that he had experienced fair play. (Applause.) Mr. Isaac Wilson proposed the health of "The Strangers." To those gentlemen the members were greatly indebted for their attend- ance. ^'Had the weather permitted, they would all have experienced much pleasure from an inspection of the celebrated reaping machines in action, and the ingenious draining plough of Mr. Fowler, which did him very much credit. (The toast was drank with musical honors.) Mr. Pierce, the representative of Dray & Co.. being called upon to respond, rose and said, bad as the weather had been, he had been de- lighted with his visit to Middlesbrough. The kindness of the inhab- itants soon made him no stranger. He was not four and twenty hours in the place before he fraternized with the whole parish. (Laughter.) He rejoiced that Mr. Hussey's reaping machine was now in the hands KN(iLISII I'llil.lCAl IONS. 55 of a jury of Clcvclaiul farmers. Jt would have a fair, honest, impar- tial trial; and what more could an I^nu^li.shman desire. (Applause.) He thanked the company for the honor which the\' had conferred upon their visitors from a distance, and wished continued «5uccess to their flourishing^ society. (Applause.) Mr. Hussey was next called uiion, and said that he had for many years been buildint.j machines in America. If he had had the least idea of the interest which lui^land would take in the reapint:^ of crops b\' niachiner)', it would liave been a difficult thinir to keep him on the other side of the Atlantic; and he knew n(jt, now, after the rece])tion which he had met with, liow he should ever get home aj^ain. ( .\p- plause and laughter.) Mr. Steevens, Dray & Co.'s engineer, was also called upon to rise, and stated that his employers had purchased Mr. Hussey's machine because they saw it to be the best, and they would meet every com- petitor in the three kingdoms, fearless of the result. (Cheers.) [It should be statetl that Messrs. Fowler, Burgess. Samuelson,* Src. had by this time left the hall, and therefore could not be called upon.] Mr. Parrington, having read the award, announced that a second trial of McCormick's and Hussey's reaping machines would be made, if the weather were favorable, on the following morning (Saturday ), at 9 o'clock, at Mr. Fawcitt's farm. — The jury, appointed by the com- mittee, would give no opinion on the trial of the previous day (Thurs- da\-.) That would go for nothing. They would devote the whole of next da\', if necessary, to a full, fair, and satisfactory trial of the two machines. (Applause.) On Saturday morning, the weather was so far favorable that there was no rain. The trial, therefore, took place. There was a numerous gathering of land-owners, farmers, laborers, &c., but not so crowxied a muster as to obstruct the experiment. The foreman of the jury, Mr. Thompson, being unavoidably absent, his place was sup()lied by the Rev. W. F. Wharton, of Birmingham. Messrs. Lister, Outhwaite, (J. and T. P.) Booth, Wethercll, Phillip-, and Dobson, were also absent. Their places were filled b\' Mr. Will iam Morley, Dishforth; Mr. Thomas Parrington, Marton; Mr. J. T. Wharton. Shelton Castle; Mr. Wm. llill. Staunton; Mr. Joseph Coul- son. Sexhow; Mr. Joseph Harrison, White House; Mr. Joh.n Mason Hopper, Marton. The trial commenced in a level enclosure, adjoining the road from Stockton and Middlesbrough to Ormesby Hall, (the residence of Sir Wm. Pennyman, Bart.) The wheat was laid. We have seen a crop in worse condition, but not often. The straw was damp and soft. The soil was loamy and light, and the field free from wet; it was to Mr. Fawcitt's credit that he was able to place such a field at the service of the society under the circumstances; still, the earth was in a state to clog the wheels of the reapers. Altogether, the test was a severe one for the competitors. Mr. Samuelson. Mr. Burgess, and Mr. D. C. *McCormick's aiients. 56 ENGLISH ITBLICATIONS. Mackenzie, (the son of an emigrant from Ivernessc) were in charge of Mr. McCormick's Machine. The other was in the hands of the in- ventor himself, Mr. Hussey, and of Mr. Pierce and Mr. Steevens (who represented the agents, Messrs. Dray & Co.) The Rev'. Mr. Wharton, (the jury, competitors, &c. having gath- ered round him on the field, on Saturday morning,) announced that, after the lapse of an hour, when the corn would be in such a condition that Mr. Fawcitt, as he had just said, would, under ordinary circum- stances, reap it himself, the trial would commence. The question was, now, which of the two machines should begin. A " toss " gave the chance to Mr. Pierce, and he requested Mr. Hurgess to lead off. M'Cormick's machine then got into action, taking the crop in the most favorable manner — that is, leaning toward the knife. Passing along the field, (which was from two to three hundred yards in length,) it cut down a breadth of little more than four feet. The corn being laid, the flier, of course did not come into practical operation; nor was it necessary that it should do so — the elements having already done its work. The corn was well cut — the stubble a little too high. Another breadth or two having been cut, Hussey's machine followed, and cut some breadths — somewhat wider than M'Cormick's, and closer to the ground. Mackenzie, when we pointed out the shorter stubble of his rival, admitted the fact, but said there would be no difficulty — not the slightest — in bringing Mr. M'Cormick's knife nearer to the ground. In America, however, where the straw is comparatively of little or no \alue, the stubble is no object, and there arc some advantages in cut- ting high. A backer of M'Cormick's machine (and many bets have been laid on the two machines) urged that Hussey's would spoil clover when going among wheat. The reply was, that Hussey's knife could be raised or depressed at i:)leasure. The next test was cutting the crop across ridge and furrow, so that the corn was lying neither to nor from the knife, but sidewise. Both the machines cut the corn under these circumstances — Hussey's the cleaner of the two. The jury then required the experiment to be made along the field, with the corn lying from the knife. Mr. Hussey consented, and the machine succeeded in cutting tlie corn — leaving a tolerable stubble, but not so short and regular as before. M'Cormick's machine was then tried, and failed. As it scoured over the corn, making sad havock, there were loud cries of ".Stop! stop! you're wasting it!" Barley was next cut, with much the same result. In this case, Mr. Hussey adjusted his platform for discharging the corn at the side. The binders being summoned before the jury, and asked which of the two machines they preferred, so far as their particular department was concerned — decided, 4 for M'Cormick's, 6 for Hussey's. liNGLISH rLHLlCATlONS. 67 Clover was now to be tried, but at this sta^e of the proceedings we left the Held. Clover-cuttin*^, we should state, formed no part of the competition. The atjreement merely refers to wheat and barley. M'Cormick's machine is not intended for clover-cutting; but some of the land owners and farmers were an.xious to see clover cut by Hus- sey's machine. Mr. Tiiompson, we understand, iiad re(|uested his pro.xy to have the exi)eriment made. We were told on the Ljround that the machine had alread\' been tried on chjver at Newport, near Midillesbrough, and "cut it well: — If the weather had been dry, it would have cut it bcautifull}-." It was pleasant to mark the anxiety and watchfulness of the p^entle- men in charge of the two machines. Mr. M'Cormick suffered no loss from his absence, he was so admirably represented; and in Messrs. Pierce and Steevens, Dray & Co. had invaluable agents — on the Thurs- day in particular, when a storm, which ravaged land and sea, could not deter them or Mr. Hussey. from practically attesting the reaper's prowess in the field. The trial, throughout, was conducted with a fidelit}' to self which would not throw a point away, and a courtesy to rivals which should ever mark honorable competition. [ From a Correspondent. ] Stockton, Monday, September 29. — A report reached me, after I left the farm, that Hussey's machine cut the barley very much better than M'Cormick's. It came to me however, through parties who might fairly be suspected of a bias, and therefore I kept my judgment in suspense until I could obtain information on which I could more implicitly rely. This I have now got. I have been to the farm again to-day, and made inquiries of persons who saw the completion of the trial. M'Cormick's machine did not cut the barley so well as Hussey's. It cut it much too high; and as the crop was very much laid, the heads only, in many cases were cut off. We had Husse)-'s machine in oper- ation to-day, both on barley and wheat, and made better work than on Saturday. Mr. F'awcitt worked it with the greatest ease. I think he would soon beat the inventor himself. Even I, townsman as I am, made fair work; and in an hour or two's practice, I would engage to cut a crop in a manner not to be found fault with. Vou may safely say that any ordinary workman about a farm would be able to manage the machine; and when I say this of Hussey's, it is also true of M'Cor- mick's. The one may be a better machine than the other, but the merits of either of them may be brought into practical action by a la- borer of average intelligence and skill. It is the ojiinion of farmers and others witli whom I have conversed, that the saving jier acre, by the use of Husse\''s machine, would be about 5s. At the close of the contest on Saturday, the knives of the two ma- chines were placed in the hands of Mr. Robinson, engineer to Mr. Bellerby, of York, that he might report thereon, and on the machinery generally, to the jury. Wednesd.w, October 1. — The Marcjuis of Londonderrs'. and several 58 ENGLISH in'HLICATIONS. Other gentlemen, have visited Mr. Fawcitt's farm, to see the machine at work. The laurels so recently placed upon the brow of Mr. M Lormick, have been plucked off— not wholly, but in great part— by his fellow countryman, Mr. Hussey. We would enlarge upon this theme, but our report has left us little room. We would only say, that while the farmers of Cleveland, and of the Island generally, are turning their attention to agricultural im- provement—by reaping machines, draining ploughs, and steam ploughs —we would say to them, in the words of Mr. Hussey to the Cleve- land horse-jockey, when his machine was ready for its work—" Now, THEN, GO ahead!" REPORT OF THE JURY. " The Jury regret exceedingly the most unfavorable state of the weather on the days of trial, (a perfect hurricane raging during the whole of the first day,) and their consequent inability to make so full and satisfactory a trial as they could have wished. "The Machines were tested on a crop of Wheat, computed at 25 bushels per acre, very short in the Straw, and if possible, more laid than the Wheat. " The Jury, taking the different points submitted to their consider- ation, in the order as mentioned: — "1.— Their unanimous opinion, that Mr. Hussey's Machine, as ex- hibited by Messrs. Wm. Dray & Co., cut the corn in the best manner, especially across ridge and furrow, and when the machine was work- ing in the direction of the corn laid. " 2.— By a majority of eleven to one, that Mr. Hussey's Machine caused the least waste. "3, Taking the breadth of the two machine's into consideration, that of Mr. Hussey did most work "4._That Mr. Hussey's Machine leaves the cut corn in the best order for gathering and binding. This question was submitted to the laborers employed on the occasion, and decided by them, as above, by a majority of 6 to 4. , • ■ u " 5.— Their unanimous opinion that Mr. Hussey's Machine is best adapted for ridge and furrow. " 6.— This question was referred by the Jury to Mr. Robinson, fore- man to Messrs. Bellerby, of York, a practical Mechanic of acknowl- edged ability, whose report is appended below. '<7.__That Mr. Hussey's Machine at first cost is less price. "8, 9.— The Jury decline to express a decided opinion on these points in consequence of the state of the weather. "The trials took place on the farm of Robert Fawcitt, of Ormsby, near Marlbro'-on-Tees, who in the most liberal and disinterested spirit allowed his crops to be trodden down and damaged to a very great extent, especially on the 25th, when in spite of the storm an immense crowd assembled to witness the trials. ENGLISH ILIILICATIONS. 69 "Tlie Jury cannot conclude their Report, without expressing the great pleasure they have derived from seeing two Machines brought into competition, that were able to do such very good work, and alno at witnessing the friendly, straightforward, and honorable way in which the Exhibitors of the respecti\e Machines met on this occasion. Signed on behalf of the jurv, \V. F. \V1"1.\'RT()\. Foreman. Mr. RobinsoiCs Riport on Question 6. Having carefully examined both machines, and given the subject due consideration, I am of opinion that IVFCormick's Reaping ^la- chine, as at present made, is most liable to get out of order. (Signed,) THOMAS ROBINSON. York, Tptli September, iS;i. [ Fron the London Mereantile Journal . J The Great Exhibition and Transatlantic Superiority over European Inc.enuitv — American Reaping Machines. — The close of the Crystal Palace has given rise to many panegyrics, and we would not for one moment detract from its merits; it has been deservedly the admiration of the world, and visited by thousands of its inhabit- ants. Brought into life by the most eminent men, and supported by royalty; the means taken were such as no private individual could have accomplished; every exertion was used to obtain the choicest relics that the earth could produce; almost every country vied in ex- hibiting the arts and treasures of its products and manufactures, and were with one exception, considered eminently successful. The United States of America, however, was thought to be deficient, and in one or two cases some rather strong and even coarse remarks were indulged in. But what are the results? France can boast of the richness of its silks and artificial manufactures, and England of its machinery; but we find that our own newspapers are filled with admiration at the in- ventions of Brother Jonathan. We shall only slightly touch upon the sensation produced by the splendid performance of the American yacht, and the dexterity displayed in the lock-picking, which was previ- ously deemed impracticable. But it may be said that these are trifling matters in a national point of view; still, facts have been elicited by these apparent trifling incidents, for we find that the superior build of the little American yacht involves a principle — it being now admitted that in nautical matters the /vmericans are equal, if not superior, to other nations in their construction of their merchant \essels, and also in the equipment of their ships of war. On the land they are equally success- ful; their reaping machines have astonished our agriculturists. We ex- tract from the Gateshead Observer, and other local papers, the sur- prising performances of Hussey's and M'Cormick's machines. Our readers are aware that there are two rival parties competing their powers on British ground, and without entering into the question as to which of the two performed their work in the best manner, we copy (JQ ENGLISH PUBLICATIONS. the result of the trial. The Durham Advertiser states that the per- formance took place at ]\Iiddlesbro, and says: •• Few subjects have created a greater sensation in the agricultural world than the recent introduction into the country of the reaping machines of Mr. IM'Cormick. and the subsequent appearance of a rival, of no inferior description, in a similar implement from Mr. Hussey. The interesting trial of the two in competition, intended to have taken place on Thursday last, was postponed, in consequence of the torrents of rain, until Saturday, when, under the superintendence of a very efifi- cient jury empanelled to decide the respective merits of the two imple- ments, the contest Came off. The compact form of Hussey's iniple- ment was in its favor, though from the notoriety of M'Cormick's at Mr. Mechi's farm, the general preference was at first on his side. M'Cormick's machine was first tried against the inclination of the corn, and completed its portion in very good style, leaving the sheaves in a handy manner at the side of the furrow. Hussey's completed a similar breadth, but deposited the sheaves behind, and consequently several binders were required to follow the machine to clearthe course for cutting the next breadth, an imperfection, which, however, it was understood could be easily remedied, and the back deliver replaced by a side one. This breadth was closer cut than the one executed by M'Cormick's reaper. The two were then tried across the ridge, where Hussev's implement carried the palm, M'Cormick's leaving a very considerable portion of the straw standing behind it; and the last trial upon the wheat, in the direction of the lean of the wheat, Hussey's machine did its work very fairly, while M'Cormick's was obliged to be stopped in its course, after having taken the heads of the wheat, but left the whole of the straw standing. At this time two opinions did not exist among the company present— Hussey's being the favor- ite. The trial was then carried to some barley, where Hussey's again succeeded in obtaining public favor. The more compact form of Hussey's implement, as well as the superiority of the clipi)ing action over the cutting action of M'Cormick's, entitle it to a greater share of public favor, and as the advantages of a side delivery can be easily applied to it, it will doubtless, becomethe more general in use amongst the farmers. We cannot, however, but think that some mechanical process might be substituted for raking the sheaf from the receiving board, and this with a few other mechanical improvements, would, we think, make Hussey's reaping machine a perfect, useful, and econom- ical agricultural implement. The latter may be also advantageously applied to the cutting of clover crops, which is quite out of the ques- tion with the farmer. Another Correspondent on this subject says:— " The jury did not on Saturday announce their decision, nor have they yet made a report. Nineteen farmers out of twenty who witnessed the trial were in favor of Hussey's machine." The Gateshead Observer, remarks:—" The great Cleveland contest between the two American, reaping machines, respectively invented by Mr. M'Cormick, of Chicago, and Mr. Hussey, of Baltimore, origi- nally appointed for Thursday, the 25th ult., frustrated, for a time by liNCiLlSll I'UliLICATlONS. V<1 the dclu<;o aiiJ hurricane of that chsastrous clay, came off on Satur- day, tlie 27th. The trial was one of great severit)', the crops of Wheat and liarlcy were laid, and the straw damp and soft. The laurels so recently placed upon the brow of Mr. M'Cormick have been plucked off -not wholly, but in great part — by his fellow countryman. Mr. Husscy. Both the machines proved their ability to do good work, but Mr. Ilussey's attested its superiority; and the Knglish farmer has now seen, thanks to Prince Albert and the Exhibition of Works of Intlustry, that his corn and grasses, hitherto slowly and laboriously reaped witii the sickle and the scythe, may now be plained off the land, in five feet breadth, as rapidly as a horse can trot." "A trial has taken place before the Cleveland Agricultural Society of the respective merits of M'Cormick's and Hussey's American Reap- ing Machines, and the report of the jury of practical men. appointed by the consent of both parties to decide the question of merit is favor- able to the latter Implement. This Decision throws considerable DOURT UPON THE JUSTICE OF THE AWARD OF A GREAT MEDAL AT THE EXHIBITION TO M'Cokmick's." — LondoH Ti?nes, Oct. 7. Following u[)on its success at Clev'eland, the proprietors were in- vited to exhibit the Machine at the Barnard Castle Agricultural Society, Lord Harry \-a.x\&, president. Barnard Castle, Oct. 8, 185 1. The undersigned President, Vice Presidents, and members of the Barnard Castle Agricultural Society and others who have witnessed the working of the American Reaping Machine, invented by Mr. Hussey, do CERTIFY THEIK UNQUALIFIED APPROVAL OF ITS OPERATIONS AND ENTIRE SUCCESS. LORD HARRY VAN?:, President. W. F. WHARTON, Vice President. John Mitchell, V. P., Forcett Hall, Yorkshire, Esq. J. S. Edgar, M. D., Barnard Castle, Esq. John Dickonson Holmes, Barnard Castle, Solicitor. George P. Harrison, Porcett, Yorkshire, P^sq., Farmer. P2dvvard Scaith, Keverston, near Darlington, Esq.. Farmer, and Assistant Draining Commissioner. Thomas Robinson, Hutton Hall, near Richmond. Yorkshire, Esq., Farmer. Richard Ka\', Forcett \'alle)'. near Darlington, P^sq., Farmer. William Plarrison, Greta Bridge, Yorkshire. Esq., Farmer. Thomas Carter, Scales, near Richmond, Esq., Farmer. Jno. Whitfield, London, Esq. Rev. Thomas Boys Croomc, Scotland. William Watson, Junr., Barnard Castle, Solicitor. J. R. Monkhouse, Barnard Castle, ALanufacturer. Samuel Nelson, of Scaife House, near Staindrop, Durham, Esq., Farmer. William Thompson, Lanehead, near Ovington, Yorkshire, Esq., Planner. 62 ENGLISH PUBLICATIONS. John Ethvvaite, Bainesse, near Cattcrick, Yorkshire, Farmer. Rev. George Dugard, Barnard Castle, Incumbent of Yorkshire, Farmer. WILLIAM WATSON, Secretary of the Barnard Agricultural Association. From the Darlhigtoii a?id Stocktofi, Engla?td, Times, Oct. 1 1. Barnard Castle Agricultural Society. Mr. Hnssty's Rcapiijg Machine. Great interest was excited in Barnardcastle and its neighborhood on Tuesday last, by the announcement that Mr. Hussey's reaping ma- chine would be exhibited at the forthcoming meeting of the Barnard castle Agricultural Society; and that a trial of its powers would be made previous to the meeting. Accordingly, on Tuesday last, the machine was brought into operation in a field of barley, belonging to Mr. George White, of Stainton, near Barnardcastle, which it cut admirably well. The Rev. W. F. W'harton, and other gentlemen in the vicinity, besides a vast number of farmers, were present. The Judges on the occasion were H. S. Thompson, Esq. of Moat Hall, (one of the Agricultural Jury of the Great Exhibition), W. Lister, Esq., of Dunsa Bank; and T. Robinson, Esq., of Hutton. Luncheon was provided for a large party in an out-building near the scene of the experiments, and it is a fact worthy of notice, that after dinner, Mr. Thompson proposed the health of Mr. Hussey (who was present) with great fervour, and spoke of the disadvantages under which Mr, Hussey's Machine had labored when tried against M'Cormick's for the Great Exhibition Medal; Mr. Hussey not being in the country at that time, and no one being present who understood the adjusting or work- ing of the implement. Mr. Thompson said he was now so thoroughly satisfied of its great merits, that he would do his best to get a medal awarded to it. After luncheon, the machine was taken to the grounds of Mr. Adamson, and tried upon a field of oats, which were so laid as to form a very severe test to the machine, but it nevertheless was suc- cessful there also. The party retired greatly pleased with it, and some of the most wary agriculturists ordered machines upon the ground. — On W^ednesday morning, a large assemblage of agriculturists met on the farm of Mr. F. Atkinson, Westwood, Startforth, to see the machine cut a field of wheat, and there again the experiment yielded all that even its inventor could desire. We understand that a large number of orders were given for machines by the farmers present, which is perhaps the very best test of their views in the matter. The general impression seemed to be that it would prove of incalculable value to the agricultural interest. At about 3 o'clock in the afternoon, a large party sat down to a sumptuous dinner at the King's Head Inn. Lord Harry Vane, pre- sided, and the Rev. W. F. Wharton occupied the vice-chair. After dinner the usual loyal toasts having been proposed, the vice chair pro- posed the health of Mr. Hussey; that gentleman, he said, had con- KNGLISH I'LltLICATlONS. 03 tiihutcd to their gratification and interest in briiifjing h's invention there for trial; the result of that trial had exceeded everything they could have previously imagined or hoped; and therefore he begged they would excuse him for proposing this health so early, as Mr. Hus- scy and his agent's representative Mr Pierce, had to leave by the first train from Darlington, which they had then but sufficient time to reach. He proposed the healths of Mr. Hussey and of the enterpris- ing firm. Messrs. Dray & Co., who had undertaken to bring that ma- chine into the British market. The toast was drank with honors. Mr. Ilussey briefly returned thanks. After some further proceedings, the Vice-Chairman jjroposed the health of the President. Lord Marry Vane responded. The healths of the Vice-Presidents were proposed. Mr. Mitchell briefly responded. Mr. Wharton in acknowledging the toast, took the opportunity of again bringing before the meeting the merits of the inven- tion which had been the object of that day's attraction. It had been most unfortunate that when the trial took place for the prize of the great exhibition. Mr. Hussey had not arrived in this country — nobody knew how it was managed, whilst M'Cormick's was properly attended to. Mr. Hussey' ■ machine did no work, and Mr. M'Cormick took the medal. No sooner did Mr. Hussey arrive than he prayed for a further trial, but the Jury could not grant it. All difficulty was removed by Mr. M'Cormick throwing down the gauntlet. The trial came off in Cleveland — the result was clear and satisfactory in favor of Mr. Hus- sey's machine as decidedly superior. Mr. Thompson, of Moat Hall, one of the Great Exhibition Jury, was also one of the Judges in Cleve- land, and was so satisfied on the subject that he left, determined to urge for a medal for Mr. Hussey. It must be a source of pleasure to all, to find that justice was thus about to be done to a worthy, modest and unassuming man. F7'o»i the Darlington and Stockton Tinus, October iit/i, 185 1. The Re..\ping M.\chines at Barnardcastle. To the Editor of the Darlington and Stockton Times. Sir: — I beg to trouble you with a few particulars of Mr. Hussey's American Reaping Machine, which I yesterday saw working in a field near Barnardcastle. I am not a farmer, and oi' course cannot be thor- oughly ^?//'y^///' at describing an agricultural implement, nor am I suf- ficiently versed in mechanics to explain to you the construction of the machine in all its details, but of the result I can speak, and that with confidence. Drawn by two horses, a man seated on the near side horse as driv- er, this wonderful implement was drawn with perfect ease, at more than the rate of three miles an hour, round and round a field, partly in wheat and partly in barley, cutting a breadth of corn in its progress with a regularity and evenness that was surprising. No straggling stalks of corn were left — none of the slovenly irregular wt)rk too often seen where manual labor is emplo\-ed, was to be discovered; on the 64 ENGLISH PUBLICATIONS. contrary, the field after shearing, looked nearly as smooth and even as a kitchen floor or turnpike road. The farmer has now no longer oc- casion to be behind the reapers, dinning in their years, "shear low,' — " now do shear low; ' for this machine, with a very simple adjustment, will cut the corn as low as he can possibly require. A seat on the machine is provided for a man, who with a large rake, and with mo- tion resembling the pushing of a punt, removes the corn from the machine as it is cut, and leaves it for the binders to put together in sheafs. The assistance of two men and two horses are thus all that is re- quired to draw and to guide this wonderful sickle — and so manned, it will cut wath the ease and regularity I have described, from perhaps 10 to 12 acres in the working day. Nor as far as I could see, or learn from the observation of others, does there appear to be any drawback against its general adoption. Its price (^2i) is not exorbitant — its construction is not so complex as to cause a fear of frequent repairs being required; men of the common run of agricultural laborers are quite competent to go with it, and the work of drawing it is not dis- tressing to the horses. Neither does the nature of the ground appear to be much an object, for it travelled as well over ridge and furrow as it did upon a level. Nothing could be more unanimous, than the approval of which the machine met with from all who saw its work, and I was informed that nine machines were ordered on the ground- Among the purchasers was the Duke of Cleveland, who with Lord Harry Vane, was present, and examined its working and construction minutely. The curiosity excited by the machine was great, and an immense number of people visited the ground during the two days. — Noblemen and gentlemen, farmers and farm laborers, tradesmen and mechanics, men and wo- men, flocked to seen the implement, which from the other side of the Atlantic has come to effect so important a revolution in the labor of the harvest field, and all were agreed that Brother Jonathan, though still a young man, had some clever notions in his head, and that John Bull, in the case of the reaping machine, would not be above taking advantage of his intelligence. I am, &c. A. B. \^From the Lotidofi Daily Neivs.'] Hussey's Reaping Machine — Trial before Prince Albert. The celebrated battle of the Ganges hardly excited more interest in the railway world than the battle of the Reaping machines has lately created in the agricultural world, nor is the result perhaps very much less important in the latter case than in the former. Of the recent inventions for diminishing the cost of production, the most remarkable are undoubtedly the Reaping machines of Messrs. Hussey and M'Cormick. Perhaps it would be more accurate to call them importations than inventions, since both have been in use for a considerable time in America; and amongst the benefits arising KNGLl.SM I'VIILICATIONS. 65 from the Exhibition, it is certainly not the least that it has introduced to the ai,'riculturist of Great liritain implements of the highest practical utility, which mi.^ht otherwise have remained forever exclusively in the hands of their brethren across the Atlantic. It will be remembered that a trial of the two rival machines took place last summer, at Mr. Mechi's model farm in Essex, having been directed by the royal commissioners, with the view of determining the comparative merits of the two instruments, whose patentees were competitors for the forthcoming medal prizes. At that time Mr. Ilussey, the American inventor ofthc machine called after his name, had not arrived in the country. The weather too, was very unpropitious for the trial, notwith- standing which a very large number of gentlemen were present. The machines were tried upon a field of wheat, and the result was such as to convince all present, of the superiority, in every point of view, of M'Cormick's machine — a conviction which was subse- quently confirmed, by the fact of the Exhibition medal being awarded exclusively to the patentee of that machine. The tables however were soon to be turned. Mr. Hussey arrived in England; a challenge having been given by the agents of Mr. M'Cormick, it was accepted by Mr. Hussey, and his English agent. Mr. Dray; and, after a fair contest before the Cleveland Society, at Middelsbro', near Stockton- on-Tees, on the 25th and 27th of Sept., a jury of twelve agriculturists pronounced a verdict in favor of the unmedalled machine. They decided that of the two machines, Hussey's had the preponderance of advantages — that it cut corn in the best manner, caused the least waste, did the most work in a giv^en time, left the cut corn in the best order for gathering and binding, was the best adapted for ridge and furrow, was the least liable to get out of repair, and was the least price at first cost. On the two other points submitted to them, namely, which machine required the least amount of horse labor, and which the least amount of manual labor, the jury declined to express a decided opinion, in consequence of the state of the weather." There have been many other trials of Hussey's machine in different parts of the country, and the result has been so far uniformly satis- factory. — Amongst these we have now to mention a very interesting one which took place by appointment last Saturday, at Windsor, in the presence of his Royal Highness, Prince Albert, originating in a correspondence between General Wemyss, on behalf of the Prince, and Messrs. Dray & Co. of Swan-lane, tne agents for Mr. Hussey. The spot selected for the trial was behind the statue of George HI., at the end of the Long Walk, fern — of which there is an abundance in that locality — being the article on which the machine had to operate. The Prince having from an early hour in the morning been engaged in shooting in the vicinity of the statue, at half-past twelve resigned his gun, and proceeded on horseback, in company with General Wemyss and Col. Seymour, to the spot appointed for the trial of the machine. Dismounting from his horse, his royal highness saluted briefly and gracefully the assembled company, and especially Mr. Hussey and Mr. Dray. He then asked a few general questions respecting the (56 ENGLISH la I'.MCATIUNS history of the machine, and observed, that as the ground selected was very uneven (it was in fact remarkably so), the trial would be a good one. After a brief delay, the gear being declared in order, on went the machine, drawn by two strong horses, and heedless of ruts and hillocks in its course, which was very rapid, bringing down every thing it encountered cleanly and completely, including two or three slices of turf at least a foot long, and more than an inch thick. The performances of the machine were not confined to one single course. A considerable amount of work was performed in the most satisfactory manner, Mr. Hussey himself sitting on the box at the side, and throwing aside what was cut down in the manner best adapted for gathering and binding. Indeed the work was not confined to the fern; a rabbit who was not accustomed to this species of interference was started and cruelly lacerated before he had time to escape. At the close of the trial, his royal highness gave a practical proof of his favorable opinion by ordering two of the machines for himself, one for Windsor and the other for Osborne. Me then, after expressing his gratification, rode back to the game-keepers and resumed his gun. After he had left, the machine operated well upon some rushes. It may not be out of place to state here that Mr. Dray's explanation of the failure of the Hussey machine at Tiptree Hall (Mr. Mechi's farm), is that it was entirely owing to its not being properly managed. On that occasion, he says, the person in charge of it was simply a porter at the Exhibition, who, not understanding the matter, neglected to clear away the wheat as it was cut down, in consequence of which the action of the machine was unavoidably and fatally impeded. We witnessed the result at Mr Mechi's, and certainly there was no such fault on Saturday. The progress of the machine was notwithstanding the unevenness of the ground, rapid and satisfactory; and it was stated as a fact that on a level ground the horses used in drawing may trot, not only without weakening or impeding the action of the knives, but even with advantages, as by that means the cutting requires increased precision and force. The following is Prince Albert's certificate: Windsor Castle, Nov. 13, 185 1. Sir: — In answer to your letter addressed to Gen. Wemyss, I have leceived the commands of his Royal Highness Prince Albert, to say, that so far as he could judge of Mr. Hussey's Reaping Machine, from its performance in the high fern at W'indsor Park, his Royal Highness is disposed to form a very favorable oi)inion of it, and has ordered one* in consequence for the use of his own farm. His Royal Highness can however give no opinion as to the relative merits of this machine in comparison with those of others which he has not seen at work I have the honor to be sir, your ob"t serv't, grp:y. *The Prince ordered two Machines, one for Windsor and one for Isle of Wight. ENGLISH PUBLICATIONS. 67 From Maidstone & South liastcrn Gazette, Oct. 21, '51. WEST KENT AGRICULTURAL SOCIICTV'S I'LOUGHING MATCH. HUSSEV'S AMERICAN REAPER. A distinc^uishing feature at this society's meeting on Thursday, the i6th inst., was an exhibition of the capabilities of the above machine. The sesson of the year of course prevented a display of its powers on anything in the shape of grain, indeed great difficulty was found in procuring even a green crop on which to operate. Undaunted by this fact, the inventor was determined to show to the anxious hundreds assembled the extent of the advantages to be derived from the use of his reaper. At two o'clock the machine was set to work upon a field of clover, short and light (as may be supposed), where its performance was effectual as it possibly could be, exciting a considerable amount of surprise as well as gratification. It was then taken to a piece of marsh land, where clumps of stout rushes in many places were growing in thick masses, presenting the appear- ance of stunted grain. The machine passed over this marsh, cutting the rushes with the same facility as if it had been corn, leaving the stubble about 4 inches long and very regular, giving also a good representation of the manner in which the sheaves of wheat, &c. are usually delivered. Both these operations, but especially the latter, were considered severe contests of the capabilities of the machine. Taking all the circumstances into consideration, the performance was far beyond all reasonable expectations. It was a question whether the excellent work of the 58 competing ploughs, or the extraordinary novelty of Hussey's machine in operation, added most to the gratification of the large assemblage of the leading agriculturists of Kent. Fro)n the Kentish Gazette, Nov. 11, 1851. In addition to the interest naturally felt by all who live on and by the soil in its proper cultivation, there was an unusual degree of attraction in the fact that a reaping machine by Mr. Hussey, (the celebrated American Machinist) would be tested upon 7 acres of mustard adjoining the ploughing field. The reaping was com- menced about twelve o'clock, and continued for a considerable period. The crop of mustard was wet, and by no means calculated to favor the experiment. It was however, after the machine was properly arranged, cut down with great regularity; and at a speed equal to four miles an hour it traversed the circuit of the field, hewing its way through the mustard, quickly followed by a crowd of eager observers, whose wondering gaze exhibited at once their astonishment and admiration of its working. Occasionally the level of the cutters were altered, so as to leave a greater or less length of stubble, which evinced the accurate adjustment to which the machine could be 68 ENGLISH I'UBLICATIONS. brought. Some portion of it was taken to pieces, and the whole of the arrangements shown, which the farmers present displayed an eager anxiety to investigate, and many were the questions pro- posed? and satisfactory answered by the talented inventor. We should mention that the undulation of the land does not impede its operations in the least — as it was well observed by a gentleman present, that where a cart could travel there this machine could also go, and' complete its design. No previous acquaintance with its prin- ciple is necessary to be able to guide its operation, as was shown by Mr. Neame, Jr. who mounted the platform and discharged the functions appertaining to the party who removes the corn from the machine after it is cut, with the greatest ease and precision. Indeed the most unqualified approval was given by the gentlemen present, to the applicability of the reaping machine to the purposes for which it is designed. We have thus entered into minute particulars, because this is the first opportunity we have had of witnessing the results of such an experiment, attended as it was with every degree of satis- faction. Lord Sondes gave an order for one of the machines, and we understand that three or four orders were given in the course of the day. ^ t- u At the dinner which followed, the chairman gave " Sir John Tylden and the visitors." Sir John Tylden, as a member as well as a visitor, replied to the toast, and in a jocular strain animadverted on the suffering of the farmers of Faversham, who were determined, like a celebrated regi- ment in the service, to " die hard." He alluded to the reaping machine of Mr. Hussey, which he characterized in contradistinction to that of Mr. M'Cormick's and all others, as the universal reaping machine, of which he spoke in highly approving terms, and passed a warm eulogium on its talented "inventor, and the country he represented, which in the space of 8o years had risen from a wilderness to her now exalted position, and proud of her Anglo-Saxon blood. A REVIEW Pamphlet of W. N. P. Fitzgerald, 'Counsel tor Parties in the State of New York," IN OPPOSITION TO THE EXTENSION OF THE PATENT OF OBED HUSSKY: AND ALSO OF THE DEFENCH, OR EVIDENCE IN FAVOUR OF SAID EXTENSION. NARRATIVE OR BRIEF HISTORY REAPING MACHINES, AND AN EXAMINATION OF THE CLAIMS FOR PRIORITY OF INVENTION: AXD AN AF'F'ENDIX:. BALTIMORE : FROM THE PRESS OF MILLS & COX, 122 BALTIMORE STREET, 1855. ReprinteJ by the W. B. CON KEY COMPANY. 1897. REVIEW. In rcviewiriij^ these pamphlets— the one intended to defeat, and the other in vindication of the riL,dits of Obed Hussey — and which are in fact the rights of every honest inventor in the country, — as well from the aspersions cast on his private character, and abounding in this paper, as from the labored efforts by interested parties to de[)rive an honest and hard working man of the just reward due to his genius and talents, it is proper to say that we have no private or pecuniary interest in any patent claim. Nor are we fee'd "counsel" or hired agerits — literally Lobby Lazvycrs, to get claims through Congress, rii;ht or wrong. But we are farmers, who can appreciate, and know practi- cally the great value of this invention to the Agricultural interests of the country; and who desire to see the inventive talent of our country- men fostered and encouraged by the General Government, and ade- quately rewarded for its toil and privations. As Farmers, we advocate the extension of this patent, and as Farmers we have a right to be heard, being the class most directl\' interested, next to the inventor himself; and fully believing that the country — na}', the whole Agricultural world — is more indebted to Obed Hussey than to any or all other inventors, in being the first to render this implement of real practical value to the Farmer, and that the evi- dence fully sustains this belief — that his invention has conferred the most signal and lasting benefits on others, with a reward in no degree adequate, to himself; that it is justly due to one who has proved him- self a public benefactor both at home and aboad; and that in granting the extension, it is strictly in accordance with an enlightened polic\' of the Government, and will not injure the interests of the farmer, or t)thers, who haxe the slightest right to object or conq:)lain. It is brought as a grave accusation against Obed Hussey, that he was " ignorant," not " learned in the law," and as " familiar with the rules and regulations of the Patent Office," as this " counsel " professes to be. Is it to l)e su[)poscd that he could be? The man whose whole life has been one of toil and hardship; though seeking to be useful to others, and to make an honest living b)' industry and perseverance; as well — and for years--on the pathless Ocean, in pursuit of the great *' Leviathan of the deep," to furnish the oil for the lawyers' midnight lamp — " passing nine consecutive months of the year on the southern ocean, and under the shadow of the main topsail, without even a sight of terra firtna' — as on the land, to aid in lightening the labors of his fellow man. who provides the staff of life. 71 A KKVIEW. The fore-castic, not the Forum — the work-shop, and not, the Uni- \-ersity, ha\c been, we presume, the schools in wliich he was taught; and doubtless his hands are more familiar witii the Jiarpoo)i, the ham- mer and the chisel, than with the pen. For more than twenty years — indeed the prime of his life — he has devoted all the energies of his mind to perfect and bring into use, this great labor-saving implement, the Reaping and Mowing Machine. And if he has by so doing bene- fitted others, it is certainly no more than right and fair that he should receive a reward in return; — such as the laws of the land recognize as " adequate reward." We honestly believe that he is justly entitled to what he asks for; and are willing " without money and without price," to aid the deserv- ing as far as our efforts and influence can avail in so laudable a cause. In asking Congress for an extension of his Patent it is no more than hundreds have asked before him; and have had granted to them, tor inventions of small comparative value in many cases, to the public. If his is of great value to i\\e public, it certainly ought to be considered of corresponding value to the inventor. VVe will endeavor to show that his invention has proved itself of very great I'aUie to the Agricultural interests of the country. As to the benefit of Reaping Machines to the farmer, and the just or adequate rezvard to the inventor, we will give the opinion of one who was not only disinterested, but fully understood both branches of the subject;* he says: "In Agriculture, it is in my view, as important, as a labor-saving device, as the spinning jenny and power loom in manu- factures. It is one of those great and valuable inventions which com- mence a new era in the progress of improvement, and whose beneficial influence is felt in all coming time; and I do not hesitate to say that the man whose genius produces a machine of so much value, should make a large fortune out of it. It is not possible for him to obtain during the whole existence of the term of his patent, a tenth part of the value of the labor saved to the community by it in a single year." There are doubtless applications for extensions, and perhaps granted too, in which the applicant has been amply rewarded; others again, and it is believed by far the greater number, have been made poorer instead of richer, by devoting their time and energies to intro- duce useful implements and machinery. The shrewd and designing, not the poor inventor, usually reap the reward due to genius. Such are e\'er ready for the sake of gain, and with a reasonable prospect of impunity, to invest their capital; often realizing (T^w/./^r r^w/. profits out of the public — ^taking the bread out of the mouth of the poor, but honest inventor, and frequently with means too limited to protect his known and admitted right.s.; or if these rights are acknowledged, the Capitalist usually retains the " lion's share," and the poor inventor must be content with a mere pittance, or get nothing. We do not propose to follow the example of this "counsel " by ar- *Hon. Edward Burke. A KKVIKW. 73 ^uments on aljstract principles ami supposed cases, that have no sort of analogy or bcarinij whatever on tiie subject; for he bases his argu- ments on false i^remiscs — assumiiif^ as facts what never existed, except in iiis own imagination. Nor is it necessary to review in detail theA7r«y arguntcnts of the learned " counsel "; though we expect to prove by the laiv that he either does not himself understand it, or intentionally mis- interprets its j)lain and obvious meaning. It is believed there are yet some good lawyers on the floor of Congress, who are quite as likely to interpret them aright as this gentleman; and who, when they desire Lcnv, know where to find it, and how proper!}- to expound its provisions. Congress may require facts to enable it to act unticrstandingly; these have already been furnished, and are now on file in this case, fully sufficient to convince and satisfy two able Committees of the Senate — with a fair proportion of very talented Jurists on each — to in- duce unanimous reports in favor of the extension; and this too after a careful and critical investigation of the facts and merits of the claim. On the passage of the Bill through the Senate, it was stated by a mem- ber of the Committee, w ho is also a very talented lawyer, and had carefully investigated the case, that "the report of the Committee on Patents and the Patent Office is unanimously in favor of the bill. It is a very strong case, and one about which ,he Committee has no doubt at all." There is such a thing as retributive justice, where the attempt to injure another in character or interests, recoils on its authors; and this is believed to be one strictly of that character; for it enables us to ex- pose the object of a combination, just as selfish and unjust, as it is unwarranted by the facts. In seeking to maintain his own just rights, Hussey has not assailed the character of anyone; nor has he, in the slightest degree, so far as we can perceive, attempted to invade the rights of others. .^Te has long resided, and is well known in the city of Baltimore; and not altogether unknown in some other sections of this State; possibly this "counsel" and "parties in the State of New York" may have heard of him in other portions of the Union, if not in foreign countries. However this may be, we leave it for others, disin- terested parties, to say, whether they have ever known him engaged, either by chicaner}' or open assault, to traduce private character, or intentionally or knowingl}', interfere with the rights and property of others. With these general remarks, we will examine the pamphlet in question — refute its misstatements and perversions of facts, b}- documen- tary evidence; and clearly show, as we think, that its sole motive and object is to deprive Obed Hussey of laurels fairly won — to rob him of the reward justly earned, bv' more than twenty years of toil and per- severance, to perfect this great and valuable labor-saving machine, and transfer the profits to the pockets of a few designing and inter- ested " parties in the State of New York." Who they are, or how man}-, their "counsel" carefully conceals; nor are we surprised that in such a cause, the}- desire concealment, and should [prefer hiring one A Ki:VlEW. who appears quite ready and willing to invade the rights of others, and to assail private character, without cause and without provocation, by which to gain a fee. We only notice this attack on private character at all, on the general principle that the oft repeated slander may as- sume the garb of truth with some, if unnoticed and unexposed. In quoting from the pamphlet, it is done, italics and all, just as printed. On page 1st it is stated: " If the patent in question had not expired, and were before the Commissioner of Patents on application for extension, the questions would be simply whether Mr. Hussey had made a valuable invention, and whether he had failed from causes beyond his control to obtain a reasonable remuneration therefor. If so, he would, prfma facie, be entitled to an extension, and it would be granted to him if consistent with the public interests. [See 18 Sec. Stat, of 1836, and 1 Sec. Stat, of 1848.]— But the patent having expired, and the public having thereby acquired the absolute right to the invention, and having entered upon and extensively exercised that right throughout the country for nearly seven years, and numerous individuals having in good faith invested millions of dollars in the manufacture of improved machines embodying some of the general features covered by this patent— other questions of vast import to the public arise, and should be carefully considered." Now the merits of the whole question of extension elaborately argued in some I2 pages, might be comprised within the compass of a nutshell; the authority and grounds for granting it are found in the Act of July 4th, 1836, viz: has the applicant a valid claim as inventor, — is the invention of value to the community, — and has he been ade- quately rewarded thereby. But in order to avoid all cause for a charge of unfairness, and at the risk of too much extending our review, we will quote at greater length than is deemed necessary. It will also show more clearly the spirit and motives of these "parties in the State of New York" and their " counsel." In page 3 it is stated, that " he had allowed his patent to expire,— had given no public notice of an intention to extend it, and who has left the public in the posses- sion and ownership of the invention, without suggesting or hinting that he intended to make such an attempt for nearly six years! and until millions of dollars are in- vested in the manufacture and sale of machines, improved by the valuable inven- tions of others, but which embrace some of the elements covered by the patent songht to be extended; [1!1 the whole manufacture and sale of which would be made subject to such tariff as the patentee under the extension might choose to impose, or be arrested entirely by an injunction, or subjected to ruinous suits and damages at Law. And be it remembered, these vast establishments sprang up, and these vast sums of money were invested, when the invention of Hussey had long been fully and com- pletely vested in the public, and all was done \x\ good faith, without the slightest hint or suspicion that evefi an attimpt to renew \/as contemplated, or a belief in the possibility of a renewal, or any reason to believe it any more than all steam navi- gation should be laid under contribution, at the will of the heirs, by the renewal of the patent of Robert Fulton!" The learned "counsel " may well make a note of exclamation here; a dozen would not be misplaced. We would like to ask him a single question, — does he expect the public to believe all this? and docs he believe it himself? But hear him further, page four. "It should be constantly borne in mind, that in 1847, prior to the expiration of Hussev's patent, he might have applied under the then existing law, to the Hoard of Extensions, and obtained an extension, if he had chosen to do so, and could have shown himself to be entitled thereto. But he made no such application, as the records of the Patent Office show." A KEvu:\v. 75 A^ain, same page: " Now Mr. Husscy couUi not have been ignorant of this, [i, e. the "sixty days rule," or notice) and he does not pretend to be ignorant that ntttice to adverse parties was reijuired by statute, to give them opportunity to oppose, &c. These things I say Hussey knew, and does not dure to pretend ignorance of. " Under tliis state of the law how docs Hussey proceed? Why, he makes no application at the proper time and place, but calls on the lOiiiniissioncr personally for the first time, ti:n days before the expiration of his patent, and talks with him ai)out an extension, and is of course told that he has by his t)wn delay rendered it impos- sible to give reasonable notice to adverse parties, and that his application will be rejected if made, and that he had better save the fee. He is also informed that the .f///W/ ?>/7r-'//^/'. True, tl.e Capitalist by a divi- sion of labor, and more extensive machinerv can do a largerbusiness, and make more money. Much parade is made, and much stress laid, on doing injustice to the "public" — "the innocent public," in granting this particular extension. Do the farmers, who alone use these machines, constitute the "innocent public" which so claims their sympathy? By no means; but it consists of — and by their own showing, a few million- aires, the assignees of a poor patentee, who seek to deprive others of their just rights, in order to increase still more, their own sordid gains. The Farmer is not \\^& party sought to be benefitted in this crusade against a " sailor's right:" ///r/r interest, and the " public good," are but as the paw of poor puss to get at the roasted clicstnnts. Do these very disinterested and public spirited parties who are so alive to the " public good," reduce the price of their machines to the farmer? Do they not charge just as high for them now, when they boast of selling thousands annually, as when the sales did not reach hundreds? We know they do, for we have now before us their hand bills for several years past. We do not believe there is a disinterested and liberal minded farmer or mechanic in the Union, who knowing the facts or true merits of the case, would oppose or object to the extension. All such with whom we have conferred, both as Societies and individually, are in favor of it, as a reward fairly and fully earned by years of toil, in the effort to benefit the agricultural interests of the country. This is not the place to enter into details of profits, &c.; but as we sometimes arrive at correct results by comparisons, it may be stated, that owing to his very limited means in part, but more to the great difficulty in inducing the farmers to adopt improvements, — proverbial as they generally are for caution, and adhering to old and long established usages — Hussey sold less than three hundred maehines, all told, [but not paid for to this day,] during the whole term of the Patent, of fourteen years! It required eleven years to sell less than half of them:— not an average of \\\q one hundredth part of what these capitalists, or "the principal of then" boast of having sold in a single year ; nor W\c four A KliVIEU. 77 Jiuniiridlh part of what one of their agents stated they would make and sell the current year! ! ! We would say to these " parties," as did the Speaker of the Vir<^inia Mouse of Burgesses to a very modest man, though he afterward attained to sonic celebrity, by always acting on the principle, that "honesty is the best policy,'' "sit down Mr. Washington; your great deeds arc only equalled by your modesty." It is comparatively an east thing, after the forest is levelled, the track opened and cleared out, bridges erected, and the rails laid down, for the Locomotive to fly as on " the wings of the wind," and almost annihilating time and space. And just so with these capitalists; after long \'ears of privation and perseverance in inventing and perfecting this invaluable machine, and the still greater difficulties and delays are overcome, in getting it introduced into use by the inventor, tJicy, with a large money capital, have no difficulty in erecting "vast establishments," and selling machines by thousands. Like the merciless Kite, they watch their chance, and pounce down upon the innocent prey in the farm yard. But "ware the farmer boy " with his rusty old firc-lock; for before soaring away with his prize, the dcpv^iator may perchance find his wings clipped, and his talons rendered powerless, by an unexpected but well aimed shot. It is asserted over and over again by this " Counsel," not less than three or four times, that sixty days' notice was necessary by the " rule " of the board of extensions; that Hussey calls on the Co7nmissioiicr personally for the first time Ten Days before the expiration of his patent, and talks \\'\\.\\ him about an extension; is informed that the " shortest ti/nc" for the notice is sixfi/ days; — long since adopted, and that it had been previously and for years printed and circulated freely by the Patent Oflice, &c. &c. But before returning this broadside, we will get into close quarters, and receive another from pages 5 and 6 — " Rut even if he had been ignorant of the sixty days' rule, adopted by the hoard, he could not have been ignorant that in a ctnintry so wide spread as this, a shorter term 0/ notice, to allow those interested adversely to hear of the application, and prepare their testimony for the hearing, would not be sufficient, or reasonalde, ox just to the public, but would be mocking the public and individuals by the forms ol law without its substance, and trampling upon their rij^lits while they were insulted by a sham notice. It would be recalling the days of that tyrant who published his edicts by writing them in small letters, and placing them so high in the air that people could not read them, and still requiring compliance, or the consecjuences. Hussey could not have intetuicd the public to have notice, and could have delaved the call on the Commissioner till withing ten days oi the expiration of his patent, for no other />u rpose, t\\3.n to depri^'e the public ot the means of notice, and obtain his extension co7'ertty on ex-parte affidavits, while the public and those interested, were /nocked and insulted, hy tci^'^at forms. I say he could not have intended to act in good faith. And why — but that his pretensions would not bear the light. If he had applied /?/"/i' ^/ar.? before the expiration, there might have been an appearance oi sincerity: but how miserabte is the plea that he did not know the precise number of days limited by the board, when he did not apply at all, and called on the conmiissioner for the first time on the subject, but ten days before the expiration of the .patent! The facts destroy eirry prcsumptio// of good faith. He did not intend \o allow a fair investiga- tion but to stifle it, and get an extension on an ex-parte hearing, where he could prove what he pleased, without danger of contradiction. 'But again: The course pursued left no traces. Nothing appears on the record 78 A REVIEW. of ihe proper office, to show that the subject was ever broached there, or to give notice of his intehtions. Those, therefore, who sought information at the proper point, could learn only that no attempt had ever been made to obtain an extension, which put them off the track. — The conversation between Hussey and the Commis- sioner appears to have been entirely secret, and is shown to have taken place only by a private letter of PZdmuml Burke to the chairman of the Senate Committee, some four months after the alleged interview. There was nothing to give those who were interested adversely the slightest hint that an extension wascontemjilated, how- ever diligently it might be sought. — His track being entirely covered, he proceeds with equal secrecy to Congress with his petition, and his wretched excuse about ignorance of the sixty days' rule — but without any excuse for his delay till ten days before the expiration of his patent — it admitted of none — and prayed an extension by their extraordinary interposition! " '\>io\\ one fact ^X. least, appears to be conclusively established, and that is, this astute " counsel " considers himself perfectly an fait in *' law," and the " rules and regulations of the Patent Office." If he had understood them only half as well as he appears to do the bandy- ing of reproachful epithets, it would be better for hwi, though not for his cause. As this '' sixty days' rule " appears to be the strong hold of the counsel — his " Rock of Gibraltar," we will examine it with a little more attention. Knowing, we presume, but little about law, and still less about "the rules and regulations of the Patent Office " — for all his time, and con- stant labor with his own hands, were required in the workshop to earn a bare support, — but being very desirous to obtain an extension of his Patent before it should expire, and also having some personal acquaint- ance with Commissioner Ellsworth, Hussey's first application was made to him in 1845, ^ short time previous to his going out of office; certainly not less than tivclvc 7nonths before the expiration. This is proved by the annexed letter: La Fayette, Ia., July 3, 1854. Dear Sir: — Your letter of some weeks since, referring to a con- versation I had with you while I was Commissioner of Patents, relative to the extension of your patent for a Reaper, would have been answered earlier, but for absence and extreme pressure of business. If my recollection will aid you, I most cheerfully state, that before your patent expired, you consulted me as to the extension of the same. I replied that it was better to postpone an application until near the time the patent would run out, for the Office must estimate the profits of the invention during the whole term; and you accord- ingly postponed it. I regret you postponed it too long. The publi- cation of thirty days before the patent expired, was a rule as published by myself. If you have lost your opportunity for relief through (the) Patent Office, you must of course go to Congress. — I have always regarded your improvement as valuable, and that the country is greatly indebted to your persevering efforts, notwithstanding the obstacles presented. Yours respectfully, HENRY L. ELLSWORTH. Mr. Obed Hiissey, Balto. Md. A KI.VIKW. 79 This at least presents " an ap[^carancc of sincerity ; " and at once cuts down the " six/y d^fj's' ru\e" to a. " t/iir/y days' rule." But \.\\q. Reaper can cut better than to leave half the grain standing. It usually cuts every head! Hussey acted on this official advice; and did '* postpone an application until near the time the patent would run out " — literally so, for he was not advised of even the "thirty days' rule." When he again applied, and not " until near the time the patent would run out," Edmund Burke was Commissioner of Patents. He states in a letter to Senators Douglas and Shields, under date March 4th, 1850, as follows: " In relation to the patent of Hussey, if my memory serves me, his patent expired some time within the latter part of December, 1847. During that month, and within some ten or twelve days before the expiration of his patent, he ap[)licd to me as Commissioner of Patents, for an extension. I informecl him, that inasmuch as the act of Con- gress prescribed the mode in which patents should be extended; re- quired a reasonable notice to be gi\en to the public in sundry news- papers, published in those parts of the country most interested against such extension; and as the board had decided that 'reasonable' notice should be a publication of the application for extension three weeks prior to the day appointed for the hearing, there was not time to give the required notice in his case; and I advised Mr. Hussey not to make his application, and thus lose the fee of S40 required in such cases, as he inevitabU- would, without the least prospect of succeeding in his ai:)plication — but to petition Congress for an extension, which body had the power to grant it." Well, the '' sixty days rule," so relied on and harped upon, is here clearly shorn of tivo thirds of its fair proportions. It is shown by the foregoing letters, that one commissioner advised a delay in the application, — and for apparently very sound reasons. On the second application to Edmund 13urke, on the twentieth day of December, 1847, c/eve?i daj's before the expiration, and when the patent //c?cjf nearly run out, he was informed that the "rule " or notice required, is " three weeks prior to the day appointed for the hearing." He was again officially advised ?iot to make the application to the Patent office, and lose the fee of forty dollars, but to " make the application to Congress, which body had the power to grant it." It thus appears that one Commissioner had established a "rule" of " thirty days," and the other a " rule " of " 21 days." The counsel asserts positively, that Hussey did not actually apply at all: only called on the Commissioner and talks with him ten da}-s before the expiration, and was told of the " sixty days' rule." Now the Commissioner asserts just as positi\ely that Hussey ^//^/^//'/'/i/yi?^ an extension, and was informed of the three 7>.'eeks notice being requisite. Is it probable that Commissioner Burke was also so "ignorant " as not to know when an application icas made to him, and of the notice re- quired by his ozvn rule? — The thing is too absurd for comment ; and we leave the counsel seated on both horns of his dilemma. It further appears, that both commissioners viewed the claim as a 80 A REVIEW. most meritorious one, and fully entitled to an extension, Commis- sioner Burke so expressed himself in another part of the letter referred to — advising Congress to grant it. We presume the sole and only reason why he did not grant it, was the lack of time to give " three weeks notice," according to his rule; the time was too short. Com- missioner Ellsworth did not grant the extension because the notice would be too long; and thus "between the sJun't and the lo7ig of it," and by the new code of ?noral law established by this " counsel and parties in the State of New York," the poor patentee is to be deprived and defrauded of his just rights! We say deprived of his just rights ; — for both by the law of 1S36, and the usage of the Patent Office, inventors as a matter of course, had extensions granted for sei'oi years, if the claim was meritorious, and the reward inadequate, during the fourteen years, in the judgment of the Board of Extensions. As before remarked, these facts were established to the full and entire satisfac- tion of two committees of the Senate; and acting on these reports, the Senate passed a bill for his relief. Now we would ask any and all right minded men, both in and out of Congress, who are willing " to do unto others as they would wish to be done by," if it would be right or just — would it be in accordance with the true spirit and intentions of the law — to deny an extension on these grounds? How was the uninitiated and unskilled patentee to act under such circumstances, when even this " counsel learned in the law," and " familiar with the rules and regulations of the Patent Ofifice," as he professes to be, is so completely at fault? He it appears only knew of the ''sixty days' rule;" which even Congress and the Commissioners were ignorant of. Perhaps there will have to be a "wretched excuse about ignorance," in another quarter, before the "sixty days" are over and gone. \\'e pass by the insinuations and gross charges of "pretended ignorance," — ''sham notice'' — "never intended to act in good faith," — "wretched excuse about ignorance of the sixty days rule" — "skulked the tribunal provided by law" — "creeps quietly and unobserved into the committee room," &c, &c,with the single remark, that they are just as undeserved as they are unbecoming and uncalled for. — '^o good cause needs such epithets to sustain it; and it is perhaps the very best evidence of a bad cause, thus needlessly and wantonly to assail the reputation of another, for lack of manly argument and sound reasons, to support it. Surely this "counsel" could not expect us to believe that there was no one in the Congress of the United States so well qualified as himself, to judge of morals and propriety;— to say nothing about law, and "the rules and regulations of the Patent Office? " Has he not common sense enough to perceive, that these denunciations reflect in no measured terms on the Intelligence and //<3;;^r of Senators, who thoroughly investigated the claim and passed the Bill? We have shown by the testimony of both Commissioners, that they at least had no such "sixty days' rule." The Act of July 4, 1836, does not contain it, in section, clause or line; but the "rules" that did exist, A ir a considera- tion, and as the case may be, is still more ignorant. We opine that " Othello's occupation's gone," unless he finds out a way to manage " a case " better than this. He tells us that the business was all done in the " most secret quiet manner:" they did not "know that the petition to extend the patent was before the Committee,"— did " not know that it was published, until divulged by accident;"— that, "the Committee, of course, when relieved from their labors, desire to sink the shop and obtain recrea- tion—and would not speak of the business," &c., &c. Now we would z.'^V^whose business was it to know before invading the rights of others, and " investing millions of dollars " in what they ^/^ know was never invented by them? What would it avail the Pirate on the hi^h seas, before a court and jury when indicted for felo- niously taking 'the property of others, to enter the " wretched excuse about ignorance" of the law, and allege the plea that he " was artfully A Ki:vir:\v. 83 drawn into the business," and had " invested vast sums of mone\-" in his ship? And what think you, would a righteous judge probably answer to such pleading as this? Your pica cannot, and ought not to a\ail you. You at least /v/!/si/h-ss [// \ and it remains to be seen, whether, having thus drawn them in, he shall have the aid of Congress to fleece them." It certainly comes with a very bad grace from these parties to talk dihont Jifccmg. They would "fleece " the very man — the true and orig- inal inventor by their own showing — by whose efforts and long devo- tion to the cause, they are now realizing " millions of dollars." We trust Congress can perceive the full force of such reasoning as this, and the true source of the fleecing. We like the Tcenhcr \\\\c\.\\cv in Lazu or Gos/^c/, whose practice cot- responds with his /';ra'/'/5. Hussey aimed at no concealment; none was practiced, either in, or out of Congress; the evidence conclusively proves it; and to make such pretense,can only proceed from design. But how was it with this " counsel and parties in the State of New York?" Was Hussey "warned" or " cautioned " by you. or a pam phlet placed in his hands, so that he " would have been prepared " to refute these false allegations and assumi:»tions? Were not these pamjjhlets "secretly" distributed to some Members just as it was sup posed the bill would claim the action of the House, and carefully " concealed " and kept out of the way of ot//cr Members believed to be favorable to the petitioner, and thus forestall all opportunity to reply? And when advised that the Committee on Patents of the House, could not report at this Session, were not the pamphlets again " concealed " as much as possible, or sent to members during the recess, to be ready for the onslaught at the next session of Congress? But thanks to an honorable high minded Western Member, who witnessed the game, a copy soon found its way into other hands than it was n/tci/dcd for. It is believed such was the fact. This however is certainly known; that one or more of the agents employed to distribute the pamphlets, desired their o:i'// //a>//es )/iigJ/t be " co//cealedy " Why beholdest thou the mote that is in th\- brother s eye, but considerest not the beam that is in thine own eye? '. Having shown clearly, and proved, by the most reliable testimony, that all the charges of " trick,' --" secrecx' " — "wretched excuse about ignorance," " skulking,' &c. trumpt up to defeat the extension were S4 A REVIEW. entirely groundless. — not to say malicious, we will show, and prove also, thatinstead of being a " delinquent and snare-setting patentee" — " setting a trap for manufacturers " — or " that he had so long concealed his intention — to obtain an extension," &c., that Hussey was using every honorable effort within his means and knowledge, to get the Patent extended by Congress. Those who have ever^made the trial, need not to be told of the diffi- culties, expenses and delays — often for a dozen years — attending the prosecution of private claims. No matter how meritorious they may be, there is nearly always delay; and often too, justice is so long post- poned, that the poor applicant after spending his last dollar in the fruitless effort for expenses, or for fees to a set of Shylock's,is forced to abandon his claim in despair, or death closes the scene of all his earthly labors and trials. If our memory serves us, there was once a case of a private claim, that occupied the attention of Congress for some tiventy-five to thirty years; and that claimant a widow lady too! It is believed she also died before the claim was adjusted. Is it indeed so very strange that private bills were delayed in Congress from 1848 to 1852-3, the most exciting period in the political annals of the coun- try for 40 years? — and following upon the sectional strife resulting from the Mexican War — the admission of California into the Union, and the consequent agitation of that all-absorbing subject slavery, which appeared for a time likely to rend asunder even the Union itself? But "there are none so blind, as those that zcw/V see." The annexed letters are deemed quite sufficient to establish this point, though more evidence, if necessary, is at hand. Washington, 5th Sept., 1854. Obed Hussey, Esq., Baltimore — My Dear Sir: 1 have recently learned, with surprise and indigna- tion, that certain specidating Jiarpics who fill their coffers with the prod- ucts of other men's brains, and who, in your case, seek to " reap where they sow not," are basely and unjustly endeavoring to prevent a renewal of your patent for your "Reaping and Mowing Machine," upon the ground, [among others], that you and your agents have neglected to press your Claim properly before Congress. 1 have been your Agent from the time the claim was first presented to Congress, and know that the Charge is entirely unfounded. The facts according to the best of my recollection and belief, are as follows: Your Claim for a renewal was presented to Congress at the very first Session, Tihcr you ascertained that your application to the Commissioner could not be acted upon under the rules of the Patent Office. p:very paper and proof necessary to establish your right to a renewal of your patent, under the existiiig lazvs, was procured, and promptly placed with your memorial, before Congress. No further proof was required by the Committee on Patents, in the Senate, and your right to a renewal was fully established by an able and unanswer- able report of that Committee, accompanied by a bill for a renewal. — This report and bill were printed by order of the Senate, and were A KKViKW. 85 noticed as a part of the proceeding's of Conc^rcss, Ijy the press through- out the United States, a)id every body tints notified of your i7pplieation. From that period to the present time, I do not think there has been a single Congress at which all jjroper efforts were not made to obtain the action of that Body. Members were not annoyed with indecent importunity; nor were any powerful combinations of interested indi viduals resorted to, \.o force your Claim upon the consideration of Con- gress. This was not in accordance w ith }our taste, or your means. I well remember, howexer, that you frequently visited this City on that business; and that at almost every session, you either brought or sent to me, to be laid before Congress, some new evidence of the triumph of your great invention. — These document.s were faithfully laid before that body, or sent to the senators from Maryland for that purpose. On one occasion, as your agent, I addressed a somewhat extended communication to the Senators from Maryland, attempting to show the vast imi)ortance of }-our iin-ention to the Agricultural interests of the United States, and the strong claims you had to a renewal of your patent, and requested them as the Representatives of your State in the Senate, to give their attention and influence to accomplish that end. At a subsequent Session, this request was repeated, to one or both of the Senators from that State. I can also state with certainty that hardly a Session of Congress has passed since your memorial w as first presented, at which prominent and Scientific Agriculturists, in different parts of the Country, who were acquainted with the merits of your invention, have not used their influence with Members of Congress to obtain a renewal of your patent. Any pretense therefore, that your Claim has not been duly presented, notified to the public, and urged with all proper care and diligence upon the attention of Congress, I repeat is totally u?ifounded. It will be a stain upon the justice of the Country, if one whom truth and time must rank among its greatest Benefactors, shall be stricken down and permitted to die in indigence by the interested and unworthy efforts thus made to defeat you. Vou are at liberty to use this statement in any manner you may desire. Very truly and respectfully. Your Ob't Se'r'vt, CHA'S E. SHERMAN. Harkwood, 9th Mo. 7, '54. Estee?ued Frie7id, 0. Hussey : I duly received, and have carefully read the Pamphlet by W. N. P. Fitzgerald, [the attorney for a few interested parties at the North,] in opposition to the extension of the Patent of 1S33. And in answer to the queries, whether the charges are true that no efforts have been made to procure the passage of the bill by Congress, or that they have been "secretly" or "covertly" made, I can state from my per- sonal knowledge, that they are not only untrue in fact, but entirely groundless. 1 was not previousl}* aware, that claims could be " secretly " 86 A KKVIEW. /•resented or prosecuted, and " sccrctl}- " acted on li\- the two Houses of Congress! Some years since, — even before purchasing a machine for my own use, I received numerous letters from individuals not only in this, but adjoining States, [and some of them entire strangers even by name,] desiring my opinion both as a farmer and machinist, in regard to their purchases of Reaping Machines. With this view and also for my own benefit, I carefully examined every machine within my reach; and the result was, a decided conviction that " Hussey's Reaper" was the most efficient, strong, and durable; and that the peculiar construction of the cutting apparatus, particularly of the guards, was the only true and efficient principle that ever had been invented for the purpose. Many machines were thus purchased on my recommendation; and all, without exception have worked well, when properly managed. My own machine has much more than realized my expectations; for several years past, doing the work of ten or a dozen scythes in the grass fields, doing it better, and at less than one fourth of the expense. Knowing that an application was pending for an extension of the Patent, and greatly desiring to see the inventive talent and genius of our countrymen properly rewarded, as well as from a feeling of gratitude to one who has conferred so signal a benefit on the Agriculturists of the country at large, some three or four years since I wrote to influen- tial characters at Washington, urging the extension as due to the Inventor, and in strict accordance with both the letter and spirit of the Patent Laws. From that day to the present, I have not failed at all proper times and places, with Members of Congress and others, to advocate the cause, both verbally, and with my pen. So far from desiring " secrecy " or " concealment," my letters were written with the object, and full permission given, to print and publish them. Acting from a conscious feeling of rectitude, and from disinterested motives, it is difficult to read this pamphlet without some feeling of indignation; and I am at a loss to say which is the most censurable, — the selfish motives that appear to prompt this opposition, and to take from another what is known, and admitted to be his right; or, the unscrupulous disregard of those amenities of social life — a due regard for the private character of others, — that should characterize the advo- cate and gentleman, everywhere; and which are not often seen even in the pettyfogging county court lawyer, who desires to pass himself off with his'light, " brief," and before an ignorant jury, as something extra. If these parties cannot effect their object without thus traducing pri- vate character, they will not succeed in that way. It was remarked by a wise man, "that there was no danger from error, if truth was left free to combat it." I have no doubt whatever that in this case, truth and merit, will triumph over error and sordid motives. I shall cer- tainly aid them all in my power, humble and feeble as may be their advocate. Very respectfully, Edward Stapw kk. Sex'eral pages of this scurrilous pamphlet are devoted to eo)ivey the idea, that there is now "a secret alliance "—a collusion between Cyrus A Ki;vii;\v. ST II. IMcCormick and Ol^cd llusscv, tu obtain lliis extension of patent, in order that they may "share the spoils! " It is a stran^^e compound of insinuation, declaniation, inconsistency and absurdity: and it is about as difficult to compete with the "counsel " on this, his favored field, with sound ariijument or logical reasoning, as to attempt to " bottle moon- shine "lor future use. The charge is not sustained by a particle of evidence — nay, he even endea\ours to vilify, if not discredit his own witness, C. H. IMcCormick, whom he drags on the witness stand. McCormick l)y his showing, is an A/orri/ic any how; — but if he will helj) him to capture this prize, he " shall be entitled to his gratitude ; " if not, he too is to be immolated on the shrine of modern Moloch. The learnetl " counsel " is very like an errant farmer boy, who was sent into the field to catch a cunning and incorrigible old nag; he took a niibbi/i oi corn in one hand, and a ciidi^ii in the other: if the nubbin ciicated him, to be bridled, well and good; but if too cunning to be thus caught, then came down the cudgel. The very learned " counsel " certainly deserves a puicnt himself for his ingenious device in getting a witness to testify in his fa\or. This however is like all the other charges brought against Hussey; — not even '' founded o\\ fact," as the writers of fiction are wont to say. It is not projiosed to enter into any defence of C. H. IMcCormick, or his claim; he is doubtless quite competent to take care of himself against this assault; and if no better testimony can be brought to invalidate it, the task will be an easy one. l^ut it is due to him and to all otliers to state distinctly and i)ositiveh' that the charge is wholh' gratu- itous and unfounded. But there was no occasion for this "delinquent and snare setting patentee " to " set a trap " at all; nor need " Congress spring the trap that has been set for them, i. e., the ' parties in the State of New York,' and so artfully concealed." Their "counsel" has effectually sprung it on the real trappers by his own bungling and " ignorance," and not on the innocent and unoffending^j;'-c;/y/r. We would copy entire, pages 9, 10, II and 12, as an admirable specimen of special pleading, — the best we ever saw, considering, there was neither fact, testimony, or e\en tolerable circumstantial evidence to base it on, — only that it would too much extend our review: we will however give a very fair and full sii/iip/c, \\\t\\ an tj/ur/ysis, and the unprejudiced reader can judge for him- self; and also whether it is not somewhat like the patent double-edged razor, made to cut both ways. It was not however a very useful inven- tion--not like " Hussey s reaper," which cuts besthoX.\\ ways — for while the operator was shaving the upper Zip with one edge, the other was cut- ting his nose. The counsel says: ' Until the present Congress, Cyrus H. McCormick. the inventor, or rather eonipi/er oi " McCormick's reaping machine." was opposed to the extension of this patent, and has been constantly before the com- mittee seeking the extension of his own patent; and, as he was per- fectly conversant with the history of the Hussey machine ami with the profits deri\ed from it, as a rival niaehine, could have furnished testi- mony to defeat the extension. 88 A RKVIIiW. " Now, however, McCormick having become satisfied, after several years' labor before Congress, that he cannot obtain an extension of his own patent, and finding Hussey's machine one of the principal obsta- cles in his way, and that Hussey's patent will be more a\ailable for the purposes of " black mail " than his own, has made a secret alliance with Husse}' to share the spoils, and has prompted, in the most quiet man- ner, an extension of this patent. I say in the most quiet manner, because I am not aware that any person outside of the committee room, except McCormick, Hussey, and his counsel, knew that a petition to extend the patent was before the committee, until the bill to extend it was reported — and even then it was not published, so far as I have been able to ascertain, and those most interested were not aware of it until it was dix'ulged by accident. The committee, of course, v^'hen relieved from their labors, desire to "sink the shop" and obtain recre- ation — and would not speak of the business with which they have been burdened in their hours of labor, except by the merest chance. Not a word of testimony, on the part of the public or of individuals, was before the committee to the best of my knowledge, but very distin- guished counsel from the House of Representatives appeared before the committee in Hussey's favor. Under such circumstances it was of course clearly shown that Hussey had not been remunerated. Rut it might have been very difficult to establish that fact before the Patent Office, where opposing parties have a right not only to call witnesses, but to cross-examine. It may have been made to appear also that the rights of other parties would not be injuriously affected by the extension. It is difficult to guess what may be clearly proved where one party has everx'thing his own way. No one but McCormick had the slightest opportunit}' to oppose before the committee. The case has been very carefully hidden from public view — and although I have not the means at this moment of rebutting any thing in reference to compensation, &c., I presume the meritorious points of the case did not cause the concealment. I do not know but that a proper case for exten- sion might have been made out in 1847 — 'b'-'t the fact that it was not attonptdd in any proper way makes me disbelieve it. And now other rights, in good faith, ha\e attached; and even if the extension would have been proper in 1847, it is not so in 1854. But the circumstances indicate that it was never a proper case for extension. No opportunity is afforded for taking or presenting testimony, and I am therefore obliged to rely upon what is clearly within the reach of members of Congress. " I have stated that this extension is favored by Mr. McCormick, and that if granted it will realh' be for his benefit — to give him the control of the market, and enable him to crush all others as he has been for years striving to do, with a quarter of a million of dollars which he has made out of his compilation of other men's inventions. His own application for extension smells so rankly, that his name or interest would do any thing rather than help the case; and, there- fore, if he is really opposed to tiie extension, I shall be entitled to his cfratitude for brinfrinff his name into the case to defeat it. A UKVIKW. 89 If not, he is aiiion<^f the o[)poiicnts of my clients, and tlierefore the proper subject of remark in this connection. " I was not a zvitmss to any secret arrangement between Hussey and McCormick, and I will state the facts which I know in reference to it, and which every member of Congress ma\' know by making the proper inquiries at the proper places. " Antl first. The Hussey and McCormick machines have l^een rivals e\'er since McCormick borrowed and compiled enough from his ncighl)ors to make his machine of any value. The comparative trials of the two in Europe and America, and their concurrent use, prove this fact; and proxe that McCormick would be, on this ground, the first to ojipose this extension if he had not a secret interest in it. The two parties have alwaj-s had adverse interests. "Secondly. If Hussey's patent be renewed, without an understand- ing with McCormick, McCormick's machine could not be built, sold, or used, without infringing Hussey's patent; and Husse\' would have the right to enjoin him, and prevent his operations entirely — and recover damages, if McCormick made, sold or used them, or if any person claiming under him did so. So that McCormick's present lucrative trade at his numerous factories would be entirely cut off. "Thirdly. McCormick was the only one of those interested in harvesting machines that knew of Hussey's petition — Jie did knoio it, as almost any member of the Senate committee .can testify. And although this extension, if not for his benefit, would shut up his factories or lay him under contributions at the pleasure of Hussey, he does ?iot oppose tt, or if there be a s/iozv of opposition, it is of that kind which helps on the extension — the opposite of " da/iini/ig with faint pniise'' - — glorifying by faint opposition, which is much more effective than any ^/mr/ support he could give it. He is at this time (after his own extension is finally thrown under the table) here pulling the wires to procure this. " Fourthly. It will be found by careful observation that all the strong friends of McCormick's extension have transferred their zeal to the extension of Hussey. " If these circumstances are not sufficient to establish my position, more would be equally ineffectual — -but I think they will convince others, as they have convinced me. The conduct of McCormick is to my mind inexplicable on any other hypothesis. The extension is intended for his benefit, and if granted would enable him to trample on all subsequent inventors and manufacturers, as he has for years been striving to do by an extension of his old patent of 1834 — which is good for nothing else. With this extension it would be perfectly easy, without the in\'estment of a dollar of capital, except the pittance which is to be paid to Hussey, to extort from subsequent inventors and manufacturers ffty tltousand dollars annually. Not that the in\en- tion is worth any such sum, but it would be better for manufacturers to pay it, than to entirely remodel their machines. The cutters used at the present da)' are improvements upon Husse\''s, not what Hussey invented and j^atented, but the>' embrace a single feature of Jiis, and would therefore be controlled b\' his patent. 0(1 A REVIEW. ■' I think 1 may safely say that the extension of this patent would be w ithoLit a parallel in the annals of extensions. 1 am familiar with the subject of patents, but have no recollection of a single case of extension, where the thing patented was in extensive use, and had been public property for six years before the extension. The law presumes that, in fourteen years of exclusive possession, any inventor is properly rewarded, and an extension can never be granted under the spirit of our patent laws, in eqiurl justice to other inventors, except in extraordinary cases. The presumptions are all against the patentee, who has enjoyed fourteen years of monopoly, and cannot properly be set aside by ex-parte affidavits and statements, where the party has skulked the tribunal provided by law, and refused to subject his case to the scrutiny which it prescribes, but creeps quietly and unobserved to the committee room, with no notice to those whose rights he is attempting stealthily to invade. " Mr. Hussey is now a man advanced in years. — His character was long since formed, and we may easily judge from his past what he would be likely to do, left to the promptings of his own mind, at the present time. The fact that he has so long concealed his intention to obtain an extension, proves conclusively that he would not now ask it, unless he has been setting a trap for manufacturers, or has become the cat's paw of a more designing and grasping man; and in either case, I respectfully submit, that his petition should be promptly rejected and dismissed. — If the case had possessed commanding merit, it would at the proper time, have been laid before the tribunal which Congress in its justice, liberality, and providence, has long since established for the extension of patents, where the inventor has, without fault or neglect, failed to obtain the remuneration to which he is reasonably entitled. This Hussey has omitted to do, and the presumptions from this omis- sion and delay are irresistible." The learned " counsel " very gravely states, " I was not a zvitness to any secret arrangement between Hussey and McCormick;" yet he charges, and attempts to prove, without producing a single witness what is in itself an absolute absurdity, and by his own showing; that because McCormick " after years of labor before Congress, finding that he cannot get an extension for his worthless patent, is now at Washington pulling the wires, and working for Hussey;" and " has prompted in the most quiet manner the extension of his patent; the opposite of damnins; ivitJi faint praise, glorifying by faint opposition," in order that he, the veritable Cyrus H. McCormick, the "compiler of McCormick's Reaping Machine, with a quarter of a million of dollars, which he has made out of his compilation of other men's inventions," the man "to trample on all subsequent inventors and manufacturers, as he has been for years striving to do, by an extension of his old patent of 1834, which is good for nothing else," may " Xcwy black mail" on these parties in the State of New York, out of Hussey 's patent! His great rival too, at the " World's Fair in London," and " the two parties who have always had adverse interests." So it would seem, the Lion docs actually lie down with the La?nb, A HKVIICW. 91 and all is at Peace! If this idea of a "secret alliance" is not really and truly a "sublime conception," it is simply ridiculous. It may be that they huve been in some sort ri\als in Reapin<,f the golden harvest fields of the South, the Iv'ist, and the fertile prairies of the j;reat West; and we believe they have even crossed the broad At- lantic to exhibit tiieir prowess and skill, and "asttjnish the natives" on English soil. Hut we ne\'er before heard of an\' " secret alliance," any conspiracy to rob others, and then " to share the s[)oils." Nor have we yet heard that any one of these " parties in the State of New York " represented their country at the " World's Fair in London;" or have added a particle to the wide spread fame and re- nown acquired there for American ingenuity and inventive talent, that swept over this continent with liij^htninjr speed, and was hailed with delii;ht, and with feelini^s of national pride, from one end of the Union to the other. Where 7C77r these " parties in the State of New York " all this time, with their "valuable improvements on Hussey's patent." when the London Times and other kindred prints were jeering and taunting us with sending " tread mills " and " fl}'ing machines " to the " Exhibition of the Industry of all Nations?" Were they engaged in concocting this scheme to deprive an honest inventor of his honestly acquired and legal rights? Or were they not employed in adding to the aforesaid " millions " by " springing the trap" in the shape of '' hhick z//^?'//" on a poor brother inventor and manufacturer, who was compelled to earn his daih- bread by the sweat of his brow? If the learned " counsel " has had much practice in Courts of Law, he must be aware, that a " Tt7/>'/r.f5 " may sometimes prove too much; or in attempting to prove one thing a little too strong, he may prove quite the opposite. As he appears to have quite a fancy to "cross-examine witnesses," we will bring him on the stand: this is cer- tainly fair, for he has gi\en in his "testimony in open court;" and as this witness has completely failetl \.o prove any thing for " parties in the .State of New York," perhaps he may prove something for a poor patentee — " who is now a man advanced in years," and who " has be- come the cat's-paw of a more designing and grasping man." The^^tv/- ero2(s. delight in succouring the aged and oppressed. " Teach me to feel another's woe, And /ii(/e the fault I see; That nii'/rv I to others show, 17iai mercy show to me." Does a Plaintiff — a poor man for instance, in an action at common law against a /iiillio/iaire, lose his " inchoate right," if the case is in litiga- tion for " six years?" or for six times six years, and subject to all the glorious uncertainties of the law, b\' the management of cunning, or the neglect of lazy "counsel?" Is not the entry on the Docket or " yournar' prima-facie evidence that the case was neither " carefully concealed," nor "abandoned?" Would the learned gentleman con- sider it even handed justice to lose his just debt, because the clerk of 92 A REVIEW. the court, by his arbitrary and changeable " rules " refused to docket the case, not having had either " sixfj> (^ays," " thirty days," or "twenty- one days notice" before court, and of which notice the plaintiff was entirelv ignorant? We all /://o':c> a n'r/i man does not thus lose his " inchoate right;" but with ?^ poor man, the case may possibly be dif- ferent. If the Patent, and claim for extension have no merit, no originality, as you plainly intimate, and indeed assert, why oppose it, and make such strenuous efforts to defeat it? As counsel well versed in the law. and " familiar with the subject of patents " as you allege, you ought to know that the parcJmicut even with the signature of the Commis- sioner of Patents, and the "broad seal " attached, does not make it valid. Would not " the courts " promptly set aside all such spurions claims? You say, " It is found by careful observation, that all the strofig friends of McCormick's extension [meaning of course in both Houses of Congress] have transferred their zeal to the extension of Hussey " Now admitting this to be true, a single isolated fact surrounded by a mass of fiction, what is the most obvious inference. Is it not strong presumptive evidence, that there is jncrit'wx the claim, and that all who will, Cd^n see it? unless we admit, but which the court cannot, that the members of Congress are all a set of turn-coats, and devoid of principle. Again, you say, " with this extension it would be perfectly easy, without the investment of a dollar of capital, except the pittance to be paid to Hussey, for McCormick to extort from subsequent in- .ventors and mdin\x{d.c\.\\Y&vs Jiftjf thonsa?id dollars annually." Do not the words siibseqiieid inventors, twice repeated in the same paragraph, im- ply an antecedent, and that even you consider " Hussey " a previous inventor, and having a prior claim? True, you also state, " not that the invention is worth any such sum, but it would be better for the manufacturers to pay it, than to entirely remodel their machines." Now will you please explain to the court why, and how it is, when you say " no man's rights are infringed," that it is better to pay ''fifty thoii- sand dollars ' z.Vin\id\\y , \\i-3iX\ \.o make a 5%/^/ alteration — to change a " single feature " in their machines, and use tlieir o%vn inventions only? Why, if "the truth, the whole truth, and nothing but the truth," ^mist be told, "The cutters used at the present day, are improvements upon Hussey's, not what Hussey invented and patented, but they 'embody some of the general features' — 'embrace some of the elements' — em- brace a single feature of Jiis, and would therefore be controlled by his patent." !! Ah! this looks like coming to the point — no evasion, no subter- fuge here; "one more question, and you may come down Sir." As you appear to be quite " familiar" with such subjects, will you have the goodness to explain to the Court, of how many " elements," " general features," or single features," these said " cutters," ''original and improved^' consist of? No answer! — Well sir, as a witness is not bound by law to criminate himself, we will waive this question; you A HKVIKW. 93 no doubt, like other counsel, liiul it much more convenient to ^wX", than to (inswcy some questions. You have repeatedly si)oken of " hlack mail;" do you understand it to mean, paying money as an equivalent to another man, for the use of his invention or patent? Have your "clients," — the " principle of them," who are the assi<;nees of a poor patentee, e\er " sued," " en- joined," or " le\ied b/tnk )}iaiV' on others, — those who attempted, or made use of their "improvements upon Ilussey's patent? Is not the true and only cause of all your opposition to Hussey's extension, the desire on your part to "skulk the //v/'tr tribunal," and thus avoid pay- ing even the most reasonable and just compensation to him, whom )'ou know, and admit, to be the true and original in\entor of the most valuable " feature " in the machine, while at the same time you unhesi- tatingly and unscrupulously "sue," "enjoin," and " levy black ?naH" on others, and without a blush, coolly pocket the proceeds? We think we have heard of this "counsel" before; and would respectfully ask him if he is not now employed by Howard & Com- pany, these " parties in the State of New York." in sueing, enjoiinng, and levying ''black friail" at this present time on a manufacturer in New Jersey, for an alleged infringement of their " bent arinf" — and to' which they probably have about as much legitimate claim of inven- tive principle," as has Santa Anna, " by the grace of God," to the throne of the Montezumas'. Can the intelligent reader fail to see, and most clearly, that so far as the reasons, — for arguments they cannot be justly termed — which are here assigned, and designed by these parties to defeat this exten- sion, go to establish the fact, that Hussey is the original in\entor of this most important " element," this " feature" in the guard and cut- ting apparatus, and so much coveted, that renders t/icir machine a practical and available implement? Such is certainly the fact. And do they not show, impotent and lame as they are for their intended object, that the whole drift and intent of the nefarious scheme is to fill their own pockets at his, and the farmer's expense, regardless alike of law, and every principle of justice and fair dealing? It must be re- garded by e\"ery disinterested and unprejudiced tribunal, as a lawless, rapacious, and most unfeeling attempt to consummate an act of the grossest injustice. How does all that we have quoted, accord with what we find on page 7 of this singular production? That, "Inventors should be treated justly and e\en kindly, and a degree of indulgence should be extended to them where their rights are concerned!" — which simply means we suppose, if it means anything, "we want your property. Wright or wrong, and are determined to execute you; but will provide a soft silkc/i cord, that will appear a Jittle more decent and merciful." But the texture of the cloak thrown over to liide its nakedness is so flimsy and thin, and withal so poorly woven together, that it falls to pieces almost by its own specific gravity, — -it only the more clearly shows its deformity: — is but " a cloak of coxetousness." To show the just a[ipreciation of this great in\ention, we ha\e pre- 94 A REVIEW. viously quoted from high and official autliority, the Hon. Edmund Burke: and it is sustained by the concurrent testimony and opinion of the civilized world. From the same high authority we will quote, to show a propey appreciation of the rights of inventors, and of the lawless and unprincipled depredators on those rights. Patent Office Rep. 1846, page 9. " In connexion with the revision and amendment, of the present patent laws, I would remark that, in my judgment, some additions to the present enactments are necessary for the more effectual encour- agement and protection of inventors and patentees. " The existing laws, while professing to give to the inventor the exclusive enjoyment of his invention for the term of fourteen years, do, in fact, afford to him but very little protection. The fruits of his genius and his toils are constantly liable to be wrested from him by the unscrupulous and dishonest, who, too often countenanced by public opinion, are apt to regard the rights of the inventor as the fruits of a monopoly which it is a merit instead of a wrong to break down and destroy; and the more valuable the invention, the more liable is the patentee to this species of invasion and injury, as there is more induce- ment held out to its perpetration. The stealthy thief and the mid- night burglar are justly regarded as the pests and enemies of society, and are therefore seized and punished by penalties severe in propor- tions to the turpitude of their crimes; yet their depredations are com- mitted on things which are made by law the subjects of property, and which may be acquired by industry or by purchase. The right of the inventor to his invention, in the judgment of all enlightened minds, cannot but be viewed as far more sacred than mere things of property. It is a mental creation, or rather the discovery of a principle or thing never before known to the world, and may be, and very many inven tions have been, often productive of countless blessings to the human family, affecting their destinies as individuals and as communities through all time. When the wonderful discoveries of a Watt, a Ful- ton, a Whitney, and an Arkwright, and the great results to individuals and to nations which have followed from them, are contemplated, it is not difficult to realize the value of the splendid gifts which science, through their instrumentality, has bestowed upon man, nor to estimate the claims which the true inventor has upon society. He may truly be called the pioneer of civilization, the explorer of the unknown world of science and art. And yet how many of those truly great benefactors to their race have fallen victims to ingratitude and wrong, and gone down to their graves in penury and sorrow. The case of Ely Whitney, our countryman, the inventor of the cotton gin, is but one am.ong innumerable instances in which the fruits of splendid gen- ius have been wrested from its possessor by the unprincipled depre- dator upon patent rights. It is familiar to all that that great inventor, whose name stands out like a bright and lustrous star in the constel- lation of genius, was compelled to expend all the profits of his inven- tion in fruitless efforts to protect it from infringement, and finally died a victim to debt and disappointment. A RKVIKW. 95 " Many valuable inventions are now used in secret and kept ivotn the world, on account of the impunity with which patent rights can be infringed; secrecy being abetter protection to the inventor than the law. " These reflections are indulged in with a view to awaken in the public mind a proper estimate of the value of the toils and labor of the inventor, and of his claims to full and effectual protection in the enjoyment of the ftuits of his genius and skill, and to enforce with more emphasis the suggestions which I deem it my duty to submit in relation to such amendments of the law as may be necessary for the security of the rights of inventors. The principal difficulties which the patentee has to encounter, imder the present laws, in enforcing his rights, arise from two circumstances: first, from the fact that the ques- tion of originality may be raised on every trial for infringement; and, secondly, the almost total inefficacy of the existing law to prex'ent in- fringement. " In every application, the question of the originality of the inven- tion is thoroughly in\estigated by the Patent Ofifice; and as it is decided affirmatively or negatively, the patent is issued or denied. If the patent is granted, it is very properly (as the ofifice cannot claim infallibility) deemed b\' the law on\y />ri;;ia faiw evidence of the originality of the invention, and of the right of the patentee to recover damages for infringement of his claim. Yet there should be some point at which this question should be deemed as con- clusively settled, and the right of the patentee to recover made abso- lute, or the patent declared to be a nullity. Yet. under the existing laws, such is not the fact; and although the question of originality may have been decided by twenty juries, in as many different trials, it is just as much open to dispute in all subsequent trials. " This difficulty in the way of the patentee to recover for infringe- ments, in cases in which the iinention is a very valuable one, and the infringer a wealthy corporation, amounts almost to an insuperable one, as he is kept in the law, and harassed by litigation, until the term for which his patent runs, expires; and he is left without adequate remu- neration for his invention, and sometimes made poorer than when he commenced the fruitless attemj^t to vindicate his rights by an appeal to the law for redress." Pat. Off. R. 1847, pages 7 and 9. " In my former reports I have recommended a change in some of the features of the patent law as it now exists. P"or the nature of those recommendations, and the reasons on which they are founded. I would respectfully refer to the annual reports of this office, for 1845 and 1846. In my judgment the changes proposed are necessary to give adequate security to that valuable and meritorious class of our citizens engaged in inventive pursuits. As the law now is, the reme- dies which it affords to patentees are, in most cases, inadequate to the protection of their rights and the prevention of infringement upon them by that unscrupulous and unprincipled class of jiersons. who make it a practice willfully to depredate upon patent rights, and who, from the basely criminal character of the offence which they commit, 96 A REVIEW. are stigmatized by the application to them of the infamous epithet of pirate. Certainly. adequate protection should be given to the honest inventor who devotes his substance and his incessant toil for the ben- efit of society, against the freebooters who in\'ade without scruple his property, which, to him, is more sacred and invaluable, because it is the cherished creation of his own genius. " But while his exclusive property in his invention exists, it must be considered that the inventor has a right to demand of the Govern- ment, the most ample security and protection in its enjoyment. This security and protection he does not, under our present imperfect sys- tem, enjoy. On the contrary, the difficulty and expense, and the ab- solute impossibility, in some cases, of vindicating his rights, have ren- dered the present laws enacted for his protection, almost absolute nullities. To remedy this imperfection in the existing system, is the object of the amendments of the patent laws, proposed in the two former reports of the undersigned. " While the steam engine, most potent of all the creations of gen- ius, is daily coursing before our eyes, wafting us upon the wings of the wind its precious freight of human life, and its countless treasures of industry and commerce; while the mysterious telegraph specdsour thoughts with the swiftness of lightning which is its obedient aud trusty messenger; while magnificent manufactories stud our land, stun- ning but delighting us with the never-ceasing movement of their won- der-working machinery, it seems unnecessary to remark upon the incalculable value of the labors of the inventor and his claims upon society for protection in the enjoyment of his just rights. And, sooner or later, the undersigned is confident they will be fully recog- nized and protected by the enlightened legislators of a great repub- lic, whose progress has been so much accelerated by their genius and enterprise." Patent office Rep. 1849 — '50, Comm. Ewbank. "With respect to the modification of the patent laws, I beg leave to refer to the able reports of my immediate predecessor; whose views as to the necessity of giving further security to inventors, accorded with my own, and to whose forcible language on the subject I can add nothing. It is admitted that all legislation which has in view the se- curity of an exclusive right, is intended to guard the public good against a violation of the faith reposed in its bestowal. That, on the other hand, it is equally the duty of the legislature, if it deems proper to extend to individuals or corporations such right on certain condi- tions, to protect them in its enjoyment. That such in a greater or less degree is not the case in regard to inventors must be obvious to those who have been conversant with the operation of the patent laws now in force. It is not expected, in view of their modification, that a per- fection can be attained which will meet every emergency; but the least which should be done is to apply a remedy whenever an object designed by enactment, is defeated in its operation. "Some years of experience seerri to have illustrated the inoperative effect of the law intended to secure the inventor in the enjoyment of A KKVIKW. his jjiivilcgc. Were all men eciually capable of producing. leuer would be foiiiul en_L(a_L(ecl in plimcleiiiij^r imentioiis which belong to Ills nei<,dibor. Such, however, not beine^ the case, unfortunatel\' the lack of inventive talent is in many instances supplied only by the de- sire for t^'^ain, and ini^enuit)' in attainin<^f it, at the sacrifice of the real machinist. " The public mind, interested in the progress of the arts, as fos- tered by the establishment of this office, is now turned towards a remedy of the evil; and to the undersigned it seems but justice that the remedy should be apjilied. " Inadequacy of protection, is what is chietl\' complained of — the violation of a right as sacred as any personal possession, without the remedy guaranteed against a petty larceny. It is manifestly unjust that the time and means of the inventor should be expended in de- fending that which Government accords as peculiarly his own, in every instance where a willful trespasser is called upon to respond in damages for infringement. He is thus subjected to all the horrors of interminable and ruinous litigation; and, if his assailants are more fortunate in ha\'ing the means of attack than he of defence, his case is hopeless, and he may be likened, as once were chancery clients, to sheep tliat, having taken shelter in the hedge, come forth "piteously comjjlaining," leaving their fleece upon the bush. " It may be contended that ail other titles to ]:)roperty are justly subject to investigation without limitation; — and that an exception in this instance would be a departure from the well settled principles of practice and law. The argument might be good, were all property equally the result of mental creation and equally susceptible of public invasion. Unlike a chaLtc', it can be stolen by one, or a thousand, and by all at the same time. Its appropriation by one interposes no ob- stacle to its larceny by another, and thus the inventor is subject to be plundered by every person who chooses to violate his right. He appeals to the law for redress, and the remedy he adopts proves to be one of self-immolation." The foregoing views, alike just as they are to inventors, and hon- orable to the intelligent and independent minds so conversant with the subject, must strike the reader as peculiarly applicable to this case: — where an inventor after unremitting toil and privation for a long course of years, — now near a quarter of a centur\' — has com- pletely succeeded in perfecting, and introducing into general use one of the most useful and valuable imj)ro\'ements of this, or indeed of any age, and when he might now deri\e some advantage there- from in his declining years, his motives and private character are ruthlessly assailed, his rights infringed on, and a barefaced attempt made by special pleading, insinuations, and perversion of facts, to de- prive him of his rights altogether; and we leave it to the judgment of the reader to decide, whether in the language of the Hon. Edmund Burke, it is done " by that unscrupulous and unprincipled class of persons, who make it a jiractice wilfully to depretlate upon patent rights, and who from the basely criminal character of the offence 7 98 A RF.VIEW. which they commit, are stigmatized by the application to them of the infamous epithet oi pinitc." There are, however, some honest manufacturers— and we make the statement with both pride and pleasure — who do acknowledge Hussey's rights, without being "sued and enjoined" by paying him a very mod- erate fee for the use of his patent; not averaging one third, if one- fourth, of the charge usually made by others. As to shutting up other manufactories, or even these " vast estab- lishments," as alleged by this " counsel," the idea is just as chimerical and absurd as the attempt would be futile. No man of sane mind would for a single moment think of such a thing. Such a course would be diametrically opposed to an inventor's best interest. Nor can any one desire to interfere with their " improvements upon _Hus- sey's patent," or to prevent their realizing a "million of dollars" out of it; but is there even a show of reason, right, or justice, that they should take his patent also, without some equivalent— some return for the advantages it confers? We know of no Law ''Higher'' or Com- mon. Moral, or Statute, which recognizes such a principle, or confers any such right. This learned " counsel " has clearly failed to establish his position hy four of his laws. There is yet another Law— the Christian or Divine Law, which is the best law of all. He " may know by making the proper enquiries at the proper places" what are its provisions. No special pleading Z2,xv my?,\:\iy \\.—x\o %o^\\\s\.xy can change its meaning, or escape from its penalties; its enactments are of universal applica- tion, and as unalterable as the " everlasting Hills." As he appears far from being " familiar "with laws of modern date, he is perhaps much less conversant with those of ancient origin. We commend these " parties in the State of New York "—their " counsel " of course in- cluded, to two sections particularly, of " Acts " passed about two thou- sand years ago; nor have they yet been repealed to our knowledge. Indeed, we may find some good ''rides'' established more than /M'^ thousand ycd^xs ago;— such as, "Thou shalt not bear false witness against thy neighbor"—" Thou shalt not covet thy neighbor's house —thou shalt not covet thy neighbor's wife, nor his man-servant, nor his maid-servant, nor his ox, nor his ass, nor anytldng that is thy neigh- bor's. But to the two sections of the " Acts " passed Anno Domini 31 and 33. Sec. 12. "Therefore, all things whatsoever ye would that men should do to you, do ye even so to them: for this is the law and the prophets." Sec. 20. "And he saith unto them. Whose isV\v\s image and super- scription? They say unto him, Cesars. Then saith he unto them, Render therefore unto Cesar the things which arc Cesars." As this " counsel " has very considerately and kindly prepared a petition for the patentee, thinking no doubt he was too "ignorant" for that, as w^ell as of the " sixty days rule," we will return the com- pliment. He states: A KEVIKW 99 ■' His track thus being entirely covered, he proceeds with equal secresy to Con- gress with his petition, and his wretched excuse about ignorance of the s/.v/y days' rule— but without any excuse for lus de- hiy till A// diiys before the expiration of his patent — it admitted ot none — and prayeti an extension by their extraordi- nary interposition. His petition nv?*^/ /n' t/it' /ix^/i/ s/ti(/ upon it by l/ic facts, is as follows:" " To the Honorable the United States Senate and House of Representatives. " The petition of Obed Hussey respect- fully represents: " That -our petitioner has, within the last six weeks, attempted secretly to ob- tain an extension of his patent, in viola- tion of law, by eluding all means of that examination into the facts which the law retiuires — but has been unsuccessful. He, therefore, prays that your honorable body will exercise its extraordinary legislative power, to aid him in this laudable under- taking. " Your i)etitioner would have applied in reasonable time to the proper tribunal, and submitted to the proper investiga- tions, but feared his case would not bear the light. Your honorable body, how- ever, can proceed i^'ithoiit notice to the public, and your petitioner will thus be screened from impertinent investiga- tions." " Hussey's first petition to Congress was presented about 6 weeks after his conversation with the Ct)mmissioner above mentioned. I am not aware that it was known outside of the walls of the Capitol by any one but C. H. McCormick. — The committee of the Senate reported favorably to the applicant, but the com- mittee of the House did not — and no ex- tension was granted." Note — In this paragraph there is clearly an intended deception. The counsel knew perfectly well, that the Petition was not acted on by the Senate in 184S, although favorably reported on; and of course the "Committee of the House" could not z.Q.\.\x-^o\\ it, until the bill was passed by the Senate at the first session of the present Congress. If the subse- quent paragraph does not prove this de- signed to deceive, it certainly does prove that " if ignorance is bliss, 'tis folly to be wise." ///<^/r petiton " ;r(Z/^/At' the li^ltt shed upon it by the/acts, is as follows:" To the Honorable the United States Senate and House of Representatives. The petition of \V. M. P. p'itzgerald, counsel for parties in the State of New York, &c., i.\:c. That your (letitioners [.rofess to have " invented millions of dollars " in the manufacture of m;ichines, and are now making "vast sums of money" by the sale of them. We know very well, and inded have always known that Mr. Obed Hussey's invention does " embody some of the ge.a- eral features," " embrace some of the elements of the jiatent sought to be ex- tended "to be more explicit, it certain- ly does " embrace a sinifle Jcature " in the " cutters " used in our machines, that we cannot do without; for we never could invent anything ourselves. We are alsowell advised that Mr. Hus- sey has devoted many years to perfect and introduce his machines into use; — just in time for us to make money bv his in- vention— and although he has made but little by it himself, he " is now a man ad- vanced in years, " and you know that such a " Man wants but little here below. Nor wants that little long; " and as your petitioner are young in years, and in this business, and greatly desire to "become speedily rich," they there- fore pray " your honorable body will ex- ercise its extraordinary legislative power to aid them in their laudable undertak- ing." Your petitioners would hold out the idea to Congress, and to the "inno- cent public," that it is solely and e.vclu- siiuly for the benefit of the Farmer and for the "public good" that they have erected these " vast establishments," and " have [perhaps] invested their entire means." Again, "be it remembered," that said Hussey " has become the cats-paw of a more designing and grasping man." who is very adroit "in pulling the wires;" and also that some others have made large fortunes by infringing on Hussey's patent -and which r.r are striving to ilo, without iiaying him a single dollar as 'blade mail :' and it wouUi be gross injus- tice to your petitioners not to allow them the same, and an e(iual privilege. We do not like to pay any ourselves, but con- sider it perfectly right and fair ti) levy " black mail" on others, who infringe on our "improvement on Hussey's jMtent." Our motto, as vou cannot fail to perceive, is not wivry/cv/than patriotic : " millions for defence, not a cent for tribute." 100 A REVIEW, In the identical languac^e of this counsel, we now add, "If these circumstances," — i. e., plain honest statement of facts, and proof, with the simple questions and unavoidable answers that must be given — *' are not sufficient to establish my [our] position, more would be equally ineffectual! " We think enough has been shown to convince every Member of Congress — nay, every honest hearted and right minded Farmer and Mechanic in the country who may chance to see these pages, that Obed Hussey's claim is an honest and a iust one. Nor do we think any disinterested person can read these most unprovoked and unwar- rantable charges against the character and claims of a worthy and unassuming citizen without some feeling of indignation. Have we really arrived at this state of " progress?" — that an honest rnechanic of the country — one who has conferred more solid advantages on his fellow man at home, more fame and renown upon his country abroad, than all the Lobby-Lawyers that ever did, or ever will exist to beset the Malls of Legislation, backed too, by the assign- ees of another poor man's Patent — cannot apply to Congress for sheer justice, but his private character is aspersed, his motives im- pugned, and his rights sought to be trampled under foot? and by a few capitalists who owe their prosperity solely to the inventive genius and talents of this very man. It is an outrage on justice, and every principle of honorable and fair dealing. Hut to the sense of justice of Congress, and to public opinion, which rarely fails to arrive at right and just conclusions, we fearlessly and confidently leave the decision of the whole question. That it will be rightly decided, we cannot entertain a doubt. iM First American Reaper— Husney, iOO iii ,f38 Notary Publics Certificate. state of miinois, County of Du Pace. ) - ss. I. JAY P. SMITH, a NOTARY PUBLIC in and for the County and State aforesaid, DO HEREBY CERTIFY that the foregoing, carefully read by me, is a true and complete and correct copy of the pamphlets entitled "A Brief Narrative of the Invention of Reaping Machines;" "Hussey's Reaping and Mowing Machines in England," and a " Review of the Pamphlet of W. N. P. Fitzgerald. In opposition to the Extension of The Patent of Obed Hussey," bearing the dates 1854 and 1855 respectively, on the title pages. IN WITNESS WHEREOF, I hereunto set my hand and NOTARIAL SEAL, this 19th day of March. A. D. 1897. JAY P. SMITH. . MiSHAWAKA, Indiana, March 28, 1897 John F. Steward, Esq., Chicago, 111. V Dear Sir : Yours of 25th Inst, has been received. Edward Stabler was for many years a friend to whom I was indebted for many friendly acts. I was for 25 years attorney for Whitely, Fassler & Kelley, and was therefore intimately acquainted with 'Reaping and Mowing Machines. On that account I assisted Edward Stabler in some patent matters in which the estate of Obed Hussey was interested. Our conversations about Harvesting Machines were frequent and I know from himself, not only the deep friendship he had for Obed Hussey, but also that he was the author of the pamphlets and that he had assisted Mr. Hussey in many other ways. He gave me the pamphlets when they were already long out of print and rare. For that reason I would rather not part with them. If they shall ever be required for proof, they will be forthcoming, and you will know where to find them. Respectfully, . R. D. O. "SMITH, V rp ;U fj. 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