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at first. It had to encounter the prejudices and the doubts and fears of agriculturists. And it appeared, in proof, that Mr. McCormick was not able to sell but very few machines until two or three years before the expiration of his first patent, which covered the leading original principles of his invention. Under that patent he never received anything like an adequate compensation for the really great invention which he had produced. And I now repeat, what I have always said, that his patent should be extended. With regard to the conflicts of rights and interest between him and Mr. Hussey, it is proper for me to remark, that when both of these patents were granted, the Patent Office made no examination upon the points of originality and priority of invention, but granted all patents applied for, as a matter of course. Therefore, it is no certain evidence that, because an alleged inventor procured a patent before his rival, he was the first and original inventor. It, in fact, was a circumstance of very little weight in its bearing upon the question of priority between the parties. Besides, the testimony of Mr. McCormick, presented to the board of extension, clearly proved that he invented and put in operation his machine in 1531, two years before the date of Hussey's patent.

"But my opinion is, that justice will be best subserved by extending the patents of both parties. Their claims are not in all respects iden tical, but both include features and combinations which would entitle either of them to a patent, if he were to strike out of his patent all that the other claimed. Besides, if these patents were extended, they could then settle their respective rights in a court of law if they should so elect.

"I again repeat that, in my judgment, McCormick's patent should be extended. That was my opinion when the matter was before the board of extension, and it has never changed.

"McCormick has two other patents for improvements upon his machine, the last of which expires in 1861. They all relate to the same machine, and there would be great propriety in extending his first and second patents to the date of the expiration of his third and last one. This would, in fact, consolidate the invention, and secure his just rights. Mr. Hussey's patent could be extended to the same date, and thus the rights of both would be secured. They are both meritorious inventors, and have produced machines of great value, but for which they have not been able to secure an adequate remuneration because their machines are adapted to use only for a very small portion of the

season.

"I have the honor to be, respectfully, your obedient servant,
"EDMUND BURKE.

"Hon. STEPHEN A. DOUGLAS,

"Hon. JAMES SHIELDS,

"United States Senate."

That upon the denial of the extension by the board, the petitioner made his application to Congress on the 10th day of April, 1848, being about two months previous to the expiration of his patent.

Besides the patent granted June 21st, 1834, to Mr. McCormick, and which expired June 21st, 1848, he procured, January 31st, 1945, a

second patent for an improvement in his said machine, which patent will expire January 31st, 1859. On the 23d October, 1847, he obtained a third patent for further improvements in said machine, which last patent will expire on the 23d day of October, 1861. (Vide patents, documents A, B, and C.) Of the utility and value of his invention the proof submitted, it is presumed, will be regarded as ample. From a large mass of testimonials touching this point, it is deemed necessary only to refer to the following:

Award of the Michigan State Agricultural Society, for best reaper, a silver medal and ten dollars. December, 1851.

Award of the Mechanics' Institute, Chicago, Illinois, gold medal. October, 1851.

Award of the Franklin Institute, Philadelphia, Pennsylvania, first premium. 1851.

Award of the Pennsylvania State Agricultural Society, first premium and ten dollars. January, 1852.

Award of the State Agricultural Society of Wisconsin, first premium.

1851.

Award of the New York State Agricultural Society, gold medal. January, 1852.

Award of the World's Fair, London, "Council Medal." 1851.

Mr. Pusey, M. P., one of the committee on trial of this reaper for the council medal, at the great Industrial Exhibition, states, in the journal of the Royal Agricultural Society, that it is "the most important addition to farming machinery that has ever been invented since the threshing machine took the place of the flail." In the final report of Mr. Pusey, who was chairman of the committee on agricultural implements, to the royal commission, he also says:

"As to the practical working of the reaper, two horses drew it at the trial very easily round the outside of the crop until they finished in the centre, showing that they could cut easily fifteen acres in ten hours. One man drives sitting, and another stands on the machine to rake. It is hard work for him, and the men ought sometimes to change. places.

"The straw left behind at the trial was cut very regularly, lower than by reaping, but higher than by bagging. The inventor stated that be had a machine which would cut it two inches lower. This is the point, I should say, to attend to, especially for autumn cleaning.

"Though it seems superfluous to bring this machine to the test of economy, we may estimate the present cost of cutting fifteen acres of wheat, at an average of 9s. per acre, to be £6 15s. Deduct for horses and men 10s. 3d., and for binding 2s. 6d. per acre, and the account will stand thus:

"Average cost of reaping 15 acres, at 9s. "Horses and men for reaper..

"Binding crops, 2s. 6d. per acre.

"Saving per acre, 5s, 10d...........

£6 15 0

£0 10 0

.1 17 6

2 76

.£4 7 6

"The saving in wages, however, would of course be an imperfect test of the reaper's merits, since in bad seasons and late districts it may often enable the farmer to save the crop."

In reference to a subsequent trial, Mr. Pusey remarks:

"Mr. McCormick's, in this trial, worked-as it has since worked at Cirencester (Agricultural) College, and elsewhere-to the admiration of practical farmers, and therefore received a council medal."

Notwithstanding so important a revolution in husbandry as this machine effected, and its manifest utility, still its introduction into use appears to have been surrounded with difficulties. The inventor was obliged to offer full guarantees for its satisfactory performance to the farmer in every instance of sale, thereby assuming the entire risk. (Vide terms of sale, marked 16.)

The perfecting of the invention, in its practical details, seems to have required patient study, critical observation, and persevering trials. In 1834 its main features were patented, defects were found to exist, and the result of one experiment for the remedy could only be ascertained during one harvest.

It was found that the cutting features could not be relied upon in all cases until further improvements were made, as described and patented in January, 1845. From June 21st, 1834, (date of the first patent,) and for ten years after the invention in 1831, and until the improvements were made as secured by the patent of 1845, he appears to have derived little or no profit from his reaper, but spent much time, money, and labor in improving it so as to make it profitable to himself and available to the public. Upon its introduction to the heavy wheat of the prairies, other important improvements were found necessary in order to safely introduce it. They were accordingly made, and embraced in the third patent, granted October 23d, 1847.

From the statement before the board of extension, and submitted to your committee in 1848, it appears that

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Making. ..778 machines in the whole. On the machines he received an average of $20 each for his patent right, making $15,560 on the sales of his machines, and on sales of territory about $7,083; making in the whole $22,643. His expenses he is unable to give in detail, but estimates his time and labor, advertisements, hire of agents, &c., at "several thousand" dollars. (Vide document U.)

This report might, perhaps, properly stop here, but for remonstrances received against the extension prayed for, on the ground that the inventor is supposed to have realized a large profit from the machine. How far these opinions may be correct does not appear to your committee. Profits made by the manufacture and sale of the machines, since

the expiration of the patent of 1834, cannot have been derived from tha" patent. Besides, in proportion to the number of machines sold, have advantages resulted to the public from this invention, and to a much greater extent than to the inventor; and it would seen that, having done something for himself, while doing much for the country, his claims to the extension of the first patent, under which he failed to realize adequate remuneration, in accordance with the provisions of the law, should not be less than if he had done nothing for either.

In 1792, the hostile Indians northwest of the Ohio became so troublesome, and committed so many outrages, that it was the policy of the government to make peace with them, if possible. In order to do this, it was necessary to find a man of more than ordinary courage, firmness, and sagacity, to be the bearer of the white flag, or, in other words, the messenger to invite them to peace. Colonel John Hardin was selected by General Wilkinson, then the commander at Fort Washington, for the reason, as the General says himself, in his letter, "I wish you to undertake the business, because you are better qualified for it than any man of my acquaintance." Notwithstanding the expedition was looked upon as almost certainly fatal to the undertaker, it was not in Colonel Ħardin to evade the performance of a mission the success of which would be of such incalculable advantage to his country. The last letters received from Colonel Hardin previous to his death show that he himself had little hopes of returning to the bosom of his family. In the very last letter that he wrote, he says: "But oh, my dear love, as I write and meditate on myself, to think I have left a peaceful, safe, plentiful, and so dear a family, and thrown my life into the hands of a cruel and savage enemy, I cannot prevent the tears flowing of my eyes at present." He had indeed thrown his life into the hands of a cruel and savage enemy; for, says Marshall's History of Kentucky, "towards the close of the year, what had been apprehended with great anxiety, the death of Col. John Hardin, who had been sent with overtures of peace to the Indians, was reduced to a certainty. The particular manner of that death has not been ascertained with any certainty of detail. What has been learned is, that Colonel Hardin, attended by his interpreter, on his route toward the Miami villages, arrived at an Indian camp, about a day's journey from where Fort Defiance was afterwards built by General Wayne, and nearly the same distance from a town inhabited by Shawnees and Delawares; that he was well received by the Indians in camp, but had not been long there before five Delawares came in from the town; upon learning of which, the Colonel proposed to them to go with him the same evening to the place. They, however, refused to go back that day, but seemed peaceably disposed, and he concluded to camp with the Indians the ensuing night, which he did without molestation. In the morning, however, without provocation or particular reason, a parcel of them shot him to death. They seized his horse, gun, and saddlebags, expecting, no doubt, in addition to the two former, that they would find money and presents in the latter. His companion they made a prisoner, and, taking him with them on the road towards Sandusky, murdered him by the way." Thus terminated the career of this remarkable man.

His heirs now come before Congress, claiming the sum of two hundred dollars per annum, from the date of his death, in 1792, to that of his widow in the year 1829.

This claim is founded upon a promise made by General Wilkinson to Colonel John Hardin, the information of which promise is conveyed to his wife in the letter before alluded to, written just previous to his departure on the mission which ended in his death. In that letter he says: "Should I fall a sacrifice in this important attempt, the General

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