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help this enterprise. The understanding was among Professor Henry and those associated with him.
Question. What do you mean in speaking of those associated with Professor Henry ?
Answer. I mean the officers of the Institution who happened to know what was proceeding in the case. I do not mean the Board of Regents.
have been two or three officers to whom it may or may not have been known.
Question. Did you consider the Regents in any way responsible for the payment of services in making these additional researches?
Answer. I consider the Institution as responsible for whatever it considered its as own.
Question. On what ground did you consider it responsible ? Answer. On the ordinary legal and equitable ground in using matter for itself, whether or not procured by direct contract.
Question. You took the $800 as an allowance, and awaited the decision of the Board of Regents ?
Answer. All these things were pending. I gave myself no trouble, at any time, about this matter of compensation.
Question. Did you consider, when you entered on the additional researches, that the Board of Regents was bound to pay you additional compensation for these additional services ?
Answer. If they assumed the property in the researches.
Answer. They were always connected with the administrative operations from that time forward.
Question. How did you expect this matter determined ?
The Chairman.—I understand that you took this allowance, subject to the results of the value of your service and the dignity of the department which you might be found to fill. You supposed that if the Board of Regents concluded your operations were valuable they would make compensation on some liberal scale. You left it, in the end, to their judgment and discretion, to their justice and liberality. There was no contract ?
Mr. Blodgett.— I did so. It was a plan wholly different from those previously proposed, and for the reason of that difference, I was willing to sustain the risk until the researches were decided successful.
The Chairman.—Is your memorial to Congress for remuneration for literary property abstracted from you?
Answer. I claim compensation for administrative and official services.
The Chairman.—If you leave the matter to the Board of Regents, I do not see how you can come before Congress with an absolute claim on that ground. I understood these persons had abstracted that in which you had property, and that you had no redress at law?
Answer. They were services rendered in the absence of agreement researches under auspices. Finding myself unable to recover compensation at law, I ask Congress to give me opportunity to do so.
The Chairman.-If it was found that the position was one which you could fill to the purpose of the Institution, you expected to be put upon a more liberal and just footing? They have not done that." I
ask you now, whether you consider that the memorial referred to us imposes upon us the duty to report that you ought to have compensation for services voluntarily rendered ? I supposed that your claim was for property which had been forcibly abstracted from you?
Answer. It is that, in part, and for value of services.
The Chairman. The committee think, from the statements made, that we can hardly come to any definite conclusion on that point. But what I have been trying to get at is whether there is possessed by you a personal right of property in these researches and their results, which they would not have the right to take away, and which, if they did, Congress ought to restore or make compensation.
Answer. If obligations are incurred, and there is no remedy at law, is it not legitimate to ask Congress for a remedy, as I have done in my memorial ?
The Chairman.—If one party serves another, with the understanding that it is an affair of honor, and the judgment of the employer is to determine the compensation, and the employer does not do what is right and liberal, it is a risk which the employee runs. Answer. The services were not so given.
The Chairman. I state this not as any permanent opinion of mine on the final judgment of this case. What I was in hopes you were going to show was that you had inserted your genius into these calculations and speculations to a degree which made you an author, and gave you, to a certain extent, a right of property in these papers.
Mr. Puryear.-It seems to me that the witness claims the right of property and compensation for services while he was producing these works. He has a double claim; first for right of property, and secondly for compensation for the time he was engaged in these services.
Mr. Blodgett.—I claim for administrative services; for services rendered to the Institution.
The Chairman.-If the examination be continued as it has been going on, you will keep us here until the adjournment of Congress. We have an idea of your case, and I think we can only act upon it in a general way. I was in hopes to have seen the results of
labors. Mr. Blodgett.— They are here. Those large charts are mine. Professor Henry.—I think not.
The Chairman.--Are the drawings upon those maps the results of Mr. Blodgett's labor ?
Professor Henry.—Not entirely.
persons. Question. Were not those results consolidated and reduced by him? Mr. Blodgett.— They are wholly mine in conception and execution.
Professor Henry. These large maps were prepared for exhibition at Cincinnati.
Mr. Blodgett.—And a portion of the expense of that presentation was only returned to me.
'The Chairman.-We cannot go into the details of the case. Mr. Blodgett.--I have been unable to present my case.
I have protested against being drawn into interrogatories, which put me in a wrong attitude in the whole matter. I asked to give my testimony
seriatim, without being drawn into collateral points. They were introduced to the committee under my strong protest.
The Chairman.—You have, perhaps, occupied a larger portion of our short time than justice to other parties and other topics would seem to justify. You have presented a large mass of matter. We understand your case sufficiently, I think, to bring us to the conclusion that we have not time, possibly, to give it so thorough an examination as you seem to think it requires. If we have time, we may give you a more particular hearing hereafter.
Mr. D. Jay Browne was sworn and examined as follows:
Question, (by Mr. Pearce.) What were the circumstances under which Mr. Blodgett supplied' the article on climatology for the Patent Office report ? Also state whether you represented to Mr. Blodgett that you were aware that Professor Henry wanted the scientific reputation of the article for himself?
Answer. The first I heard of the matter was some time late in the last winter, or early in the spring. Mr. Blodgett called on me. He said that he had been to the Commissioner and had had some conversation with him in reference to an article of the kind. He was desirous that it should go into the report either as a communication, or as a supplement to it. I think the proposition was to make a supplemental volume of it. He found that that was impracticable-out of the usual course of doing things; and the matter was deferred to some future occasionuntil he was enabled to know how much space could be spared for it. I think that I saw Mr. Blodgett at least once after that. He spoke on the subject but nothing definitely. He called, I think early in June last, and wished to know further on the subject. I then told him that we could spare him 100 pages of the report. In order to avoid any difficulty I asked him—"Do you expect pay for this Mr. Blodgett? We have no funds. We are now short and are asking an appropriation for a deficiency.” His reply was—“I do not expect it. " Thus implying that it was satisfactory to him to have the privilege of giving the article so wide a circulation. He brought his manuscript there. do not recollect at what precise date. He said that it was ready or sufficiently ready to be put in the hands of the printer. He left it with me. I supposed that it was all right and placed it in the hands of the printer. i had communication with the commissioner as to whether he consented to this before it had progressed far. I do not think that I received a proof. I think not. I was called to the commissioner's room and there met Professor Henry, who objected to the publication on the ground that a portion of it was the property of the Smithsonian Institution. There were several interviews for the purpose of trying to reconcile the difficulty. The Commissioner desired, as the article had been commenced, to have it completed, and especially as we had calculated on that space being filled with the matter. After considerable consultation the two communications which have been read here were the result reached. The article was entirely taken on the responsibility of Mr. Blodgett. The article was made up of facts purporting to have been taken from the returns to the Smithsonian Institution, and of speculations of his own mainly.
Question, (by Mr. Pearce.) Let me call your attention to the latter
part of my question. State whether you represented to Mr. Blodgett that you were aware that Professor Henry wanted the scientific reputation of the article for himself?
Answer. I have no recollection of that kind.
Answer. It is not probable that such a conversation took place. I do not remember it. I don't know what should have led to it.
Question, (by Professor Henry.) Is there anything in my character from which you could infer it ?
Answer. I would not infer it from anything in your character. They had more or less conversation, and I do not think that came up or I would have some recollection of it.
Question, (by Mr. Pearce.) Do you know whether Mr. Blodgett has since applied to the Commissioner for payment for that article ?
Answer. He has. About ten or fifteen days ago, I don't remember the precise day, I was again called up by the Commissioner, and asked whether Mr. Blodge had been promised any compensation for the article. I told him that he had not.
Question, (by Professor Henry.) Did I claim the whole of the article for the Smithsonian Institution, or merely a part of the statistical material ?
Answer. It was the material upon which a portion of the article was made
up: The article was made up from various sources. I remember that I myself loaned Mr. Blodgett a book, of which use was made.
Question, (by Mr. Blodgett.) Had you authority to make the arrangement as principal ?
Answer. I had no authority without the consent of the Commissioner.
Question, (by Mr. Blodgett.) Were you present during the interview at which the original arrangement was made ?
Answer. I hardly know what you consider the original arrangement. Do you refer to the time when the letters were written ?
Question, (by Mr. Blodgett.) I refer to the original arrangement in regard to the
. Answer. I do not know what that was.
Question, (by Mr. Pearce.) Do you know of any arrangement other than this?
Answer. I was present at the interviews with Professor Henry.
Question, (by Mr. Blodgett.) What amount of matter did you inform me at one time—in March, 1854—you had ?
Answer. What kind of matter?
pages you had matter for
Answer. It was unknown.
Question, (by Mr. Blodgett.) Did you not say at one time that you had matter for 500 pages ?
Answer. We had matter which would make 500 pages, but were undecided whether or not we should use it all. There was much matter which could be used or not, as we pleased.
Question, (by Mr. Blodgett.) Did I not ask you that, in order to know whether the essay desired by the Commissioner could be printed or
not? 'Did I not assign that as a reason ? Did I not ask whether you had a full volume ?
Answer. I don't remember distinctly. The inference was that we were undecided, and did not know how much space we could spare. The matter was not made up, and we did not know how much would or would not be used. The report was not presented to Congress before March. I think the date of the presentation will be found in it. All this occurred before that presentation.
Question, (by Mr. Blodgett.) Did you not come to me for 150 pages of matter?
Answer. I have no recollection of it. I never gave you a limit beyond 100 pages. I did not care whether it run a few pages more or less.
Question, (by Mr. Blodgett.) Did you not say that you had three hundred pages, and desired to make a volume of four hundred and fifty pages?
Answer. I don't remember precisely anything about that. I only recollect in general terms that we promised shortly to give you an opportunity. It was decided at the time you brought your article that you had one hundred pages at your service. You were not compelled to fill one hundred pages. The matter was left to your option; you might make a little more or less.
Question, (by Mr. Blodgett.) Was it not wholly at your solicitation and that of the Commissioner of Patents that I furnished the one hundred pages?
Answer. We had about that space, which we calculated to fill with that article.
Question, (by Mr. Blodgett.) Did I not insist on withdrawing it, and did I not yield only at your earnest solicitation ?
Answer. You had the privilege of withdrawing it, even after it had been put in the printer's hands, and after Professor Henry's interview in relation to it. It was spoken of and recommended—I will not say recommended—it was considered whether it was best to do so or not, notwithstanding the printers had gone on with it. Had we had other matter at hand, we should probably have allowed its withdrawal.
Question, (by Mr. Blodgett.) Did I not stop it twice at the Union office?
Answer. I do not know. There was some disagreement about the proof, about the mode of arrangement and expression of ideas.
Question. (By Mr. Blodgett.) Were not the letters interchanged two or three times before they were permitted to be printed in their present shape?
Answer. The first I saw of the letters they were in this form, duly signed and presented. Some correspondence took place in regard to the matter. I don't know what the usual form was, nor how much it varied from it.
Question, (by Mr. Blodgett.) Did you not tell me that you and the Commissioner were very well aware what the trouble was?
Answer. I don't remember.
Question, (by Mr. Blodgett.) Did you not tell me that it was because Professor Henry wanted to get his name to the report?