Carolina, and Tennessee, and the prospects were becoming favorable, when the legislature of South Carolina suddenly annulled their contract, and sued for the money which had been paid.

In a letter written to Mr. Miller at this time, Mr. Whitney remarks: "I am, for my own part, more vexed than alarmed by their extraordinary proceedings. I think it behooves us to be very cautious and circumspect in our measures, and even in our remarks with regard to it. Be cautious what you say or publish till we meet our enemies in a court of justice, when, if they have any sensibility left, we will make them very much ashamed of their childish conduct."

But, that Mr. Whitney felt very keenly in regard to the severities afterward practiced toward him, is evident from the evident from the tenor of the remonstrance which he presented to the legislature. The subscriber," says he, "respectfully solicits permission to represent to the legislature of South Carolina, that he conceives himself to have been treated with unreasonable severity in the measures recently taken against him, by, and under their immediate direction. He holds that, to be seized and dragged to prison without being allowed to be heard in answer to the charge alleged against him, and, indeed, without the exhibition of any specific charge, is a direct violation of the common right of every citizen of a free government; that the power, ir this case, is all on one side; that whatever may be the issue of the process now instituted against him, he must, in any case, be subjected to great expense and extreme hardships; and that he considers the tribunal before which he is hölden to appear, to be wholly incompetent to decide, definitively, existing disputes between the State and Miller and Whitney.

"The subscriber avers, that he has manifested no other than a disposition to fulfill all the stipulations entered into with the State of South Carolina, with punctuality and good faith; and begs leave to observe, farther, that to have industriously, laboriously, and exclusively devoted many years of the prime of his life to the invention and the improvement of a machine, from which the citizens of South Carolina have already realized inmense profitswhich is worth to them millions, and from which their posterity, to the latest generations, must continue to derive the most important benefits, and in return to be treated as a felon, a swindler, and a villain, has stung him to the very soul. And when he considers that this cruel persecution is inflicted by the very persons who are enjoying these great benefits, and expressly for the purpose of preventing his ever deriving the least advantage from his own labors, the acuteness of his feelings is altogether inexpressible."

Doubts, it seems, had arisen in the public mind as to the validity of the patent, and the patentees were supposed to have failed in the fulfillment of a part of the contract. Great exertions had been made in Georgia, where, it will be remembered, hostilities were first declared against him, to show that his title to the invention was unsound, and that somebody in Switzerland had conceived of it before him, and that the improved form of the machine, with saws instead of wire teeth, did not come within the patent, having been introduced by one, Hodgin Holmes.

The popular voice, stimulated by the most sordid motives, was now raised against him throughout all the cotton-growing States. The State of

Tennessee followed the example of South Carolina, in annulling the contract made with him; and the attempt was made in North Carolina, but a committee of the legislature, to whom it was referred, reported in his favor, declaring "that the contract ought to be fulfilled with punctuality and good faith," which resolution was adopted by both houses. There were also high-minded men in South Carolina, who were indignant at the dishonorable measures adopted by their legislature of 1803; and their sentiments had impressed the community so favorably with regard to Mr. Whitney, that at the session of 1804, the legislature not only rescinded what the previous one had done, but signified their respect for Mr. Whitney by marked commendations. Nor ought it to be forgotten that there were in Georgia, too, those who viewed with scorn and indignation the base attempts of demagogues to defraud him. The proceedings against Mr. Whitney were predicated upon impositions practiced upon the public.

At this time, a new and unexpected responsibility devolved on Mr. Whitney, in consequence of the death of his partner, Mr. Miller, who died on the 7th of December, 1803.. Mr. Whitney was now left alone, to contend singly against those difficulties which had for a series of years amost broken down the spirits of both the partners. But the favorable issue of the affairs of Mr. Whitney, in South Carolina, during the subsequent year, and the generous receipts that he obtained from the avails of his contracts with North Carolina, relieved him from the embarrassments under which he had so long groaned, and made him in some degree independent. Still no small portion of the funds thus collected in North and South Carolina, was expended in carrying on the fruitless, endless lawsuits in Georgia.

In the United States Court, held in Georgia, in December, 1807, Mr. Whitney obtained a most important. decision, in a suit brought against & trespasser of the name of Fort.

It was on this trial that Judge Johnson gave his celebrated decision in favor of Mr. Whitney. In the course of his remarks upon the case, he said: “There are circumstances in the knowledge of all mankind which prove the originality of this invention more satisfactorily to the mind than the direct testimony of a host of witnesses. The cotton plant furnished clothing to mankind before the age of Herodotus. The green seed is a species much more productive than the black, and by nature adapted to a much greater variety of climate; but by reason of the strong adherence of the fiber to the seed, without the aid of some more powerful machine for separating it than any formerly known among us, the cultivation of it would never have been made an object. The machine of which Mr. Whitney claims the invention, so facilitates the preparation of this species for use, that the cultivation of it has suddenly become an object of infinitely greater national importance than that of the other species ever can be. Is it, then, to be imagined, that if this machine had been before discovered, the use of it would ever have been lost, or could have been confined to any tract or country left unexplored by commercial enterprise? But it is unnecessary to remark further upon this subject. A number of years have elapsed since Mr. Whitney took out his patent, and no one has produced or pretended to prove the existence of a machine of similar construction or use.

With regard to the utility of this discovery, the court would deem it a

waste of time to dwell long upon this topic. Is there a man who hears us who has not experienced its utility? the whole interior of the Southern States was languishing, and its inhabitants emigrating for want of some object to engage their attention and employ their industry, when the invention of this machine at once opened views to them which set the whole country in active motion. From childhood to age it has presented to us a lucrative employment. Individuals who were depressed with poverty and sunk in idleness, have suddenly risen to wealth and respectability. Our debts have been paid off; our capitals have increased, and our lands trebled themselves in value. We cannot express the weight of the obligation which the country owes to this invention. The extent of it cannot now be seen. Some faint presentiment may be formed from the reflection that cotton is rapidly supplanting wool, flax, silk, and even furs, in manufactures, and may one day profitably supply the use of specie in our East India trade. Our sister States, also, participate in the benefits of this invention; for, besides affording the raw material for their manufacturers, the bulkiness and quantity of the article afford a valuable employment for their shipping."

Even Judge Johnson, in the above remarks, but feebly sets forth the advantages to our country which have accrued from this invention. Prior to that period cotton cloth was comparatively unknown. In 1784 an American vessel arrived at Liverpool, having on board, for part of her cargo, eight bags of cotton, which were seized by the officers of customs under the conviction that they could not be the growth of America, although the plant is natural to the soil. Now cotton is our great article of export, amounting annually in value to over one hundred millions of dollars. The demand is increasing in a greater ratio than we can supply; such are our advantages of soil and climate, that none can compete us. Instead of measuring the value of this invention by hundreds of millions of dollars, thousands of millions could scarce compass it. But for it, it is probable that the cottongrowing States would have remained in a wilderness condition, and our country, as a whole, immeasurably behind her present state, in wealth, power, and population.

The earliest seat of the cotton manufacture known to us was Hindostan, where it continues to be carried on by hand labor. America and Europe. are now pouring back upon Asia her original manufacture, and underselling her in her own markets. In the manufacture of no one article has the genius of invention been more called into exercise. It has not only built up our own Lowell and other

lands, as Liverpool, Manchester Owns, but large cities in other

Glasgow, Paisley, etc. It is estimated to give employment to over a million of persons, and an amount of capital of millions upon millions of dollars.

"Cotton goods, to a great extent, may be seen freighting every vessel, from Christian nations, that traverses the globe; and filling the warehouses and shelves of the merchants, over two-thirds of the world. By the industry, skill, and enterprise employed in the manufacture of cotton, mankind are better clothed; their comfort better promoted; general industry more highly stimulated; commerce more widely extended; and civilization more rapidly advanced than in any preceding age. When the

statistics on the subject are examined, it appears that nearly all the cotton consumed in the Christian world, is the product of the slave-labor of the United States." The London Economist, says: "The lives of nearly two millions of our countrymen are dependent upon the cotton crops of America; their destiny may be said, without any kind of hyperbole, to hang upon a thread. Should any dire calamity befall the land of cotton, a thousand of our merchant ships would rot idly in dock; ten thousand mills must stop their busy looms; two hundred thousand mouths would starve, for lack of food."

In the year 1812, Mr. Whitney applied to congress for a renewal of his patent. In his memorial, he presented a history of the struggles he had been forced to encounter in defense of his right, observing that he had been unable to obtain any decision on the merits of his claim until he had been eleven years in the law, and thirteen years of his patent term had expired. He sets forth, that his invention had been a source of opulence to thousands of the citizens of the United States; that, as a labor-saving machine, it would enable one man to perform the work of a thousand men; and that it furnishes to the whole family of mankind, at a very cheap rate, the most essential article of their clothing. Hence, he humbly conceived himself entitled to a further remuneration from his country. The very men whose wealth had been acquired by the use of this machine, and who had grown rich beyond all former example, had combined their exertions to prevent the patentee from deriving any emolument from his invention. Estimating the value of the labor of one man at twenty cents per day, the whole amount which had been received by him for his invention, was not equal to the value of the labor saved in one hour, by his machines then in use in the United States. Cotton is a more cleanly and healthful article of cultivation than tobacco and indigo, which it has superseded, and does not so much impoverish the soil. This invention has already trebled the value of the land through a great extent of territory; and the degree to which the cultivation of cotton may be still augmented, is altogether incalculable. This species of cotton has been known in all countries where cotton has been raised, from time immemorial, but was never known as an article of commerce, until since this method of cleaning it was discovered. It is objected that if. the patentee succeeds in procuring the renewal of his patent, he will be too rich. There is no probability that the patentee, if the term of his patent was extended for twenty years, would ever obtain from his invention onehalf as much as many an individual will gain by the use of it. Up to the present time, the whole amount of what he has acquired from this source (after deducting his expenses), does not exceed one-half the sum which a single individual has gained by the use of the machine in one year. It is true that considerable sums have been obtained from some of the States where the machine is used; but no small portion of these sums has been expended in prosecuting his claim in a State where nothing has been obtained, and where his machine has been used to the greatest advantage.

He

"Your memorialist has not been able to discover any reason why he, as well as others, is not entitled to share the benefits of his own labors. who speculates upon the markets, and takes advantage of the necessities of others, and by these means accumulates property, is called a man of enter

prise'-'a man of business'-he is complimented for his talents, and is protected by the laws. He, however, only gets into his possession that which was before in the possession of another; he adds nothing to the public stock; and can he who has given thousands to others, be thought unreasonable, if he asks one in return?

It is to be remembered, that the pursuit of wealth by means of new in ventions, is a very precarious and uncertain one-a lottery where there are many thousand blanks to one prize. If you would hold out inducements for men of real talents to engage in these pursuits, your rewards must be sure and substantial. Men of this description can calculate, and will know how to appreciate, the recompense which they are to receive for their labors. The number of those who succeed in bringing into operation really useful and important improvements, always has been, and always must be, very small. It is not probable that this number can ever be as great as one in a hundred thousand. It is therefore impossible that they can ever exert upon the community an undue influence. There is, on the contrary, much probability and danger that their rights will be trampled on by the many."

Notwithstanding these cogent arguments, the application was rejected by congress. Some liberal-minded and enlightened men from the cotton districts, favored the petition but a majority of the members from that section of the Union, were warmly opposed to granting it.

In a correspondence with the late Mr. Robert Fulton, on the same subject, Mr. Whitney observes as follows: "The difficulties with which I have had to contend, have originated, principally, in the want of a disposition in mankind to do justice. My invention was new and distinct from every other-it stood alone. It was not interwoven with anything before known; and it can seldom happen that an invention or improvement is so strongly marked, and can be so clearly and specifically identified; and I have always believed, that I should have had no difficulty in causing my rights to be respected, if it had been less valuable, and been used only by a small portion of the community. But the use of this machine being immensely profitable to almost every planter in the cotton districts, all were interested in trespassing upon the patent-right, and each kept the other in countenance. Demagogues made themselves popular by misrepresentation, and unfounded clamors, both against the right and the law made for its protection. Hence there arose associations and combinations to oppose both. At one time, but few men in Georgia dared to come into court, and testify to the most simple facts within their knowledge, relative to the use of the machine. In one instance, I had great difficulty in proving that the machine had been used in Georgia, although, at the same moment, there were three separate sets of this machinery in motion within fifty yards of the building in which the court sat, and all so near that the rattling of the wheels was distinctly heard on the steps of the court-house."

In 1798, Mr. Whitney being deeply impressed with the uncertainty of all his hopes, founded upon the cotton gin, directed his attention to the manufacture of arms for government. He selected a site near New Haven, and there erected a manufactory, around which grew up a beautiful little settlement of artisans. Owing to the low state of arts in our country, his constant oversight and attention were required. "Mankind," said he,