"Patent Office,"Jan. 22d, 1848."Sir:"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 revolving rack presents novelty chiefly in form, as its operation is similar to the revolving frame of James Ten Eyck, patented 2nd November, 1825."Respectfully submitted,"CHAS. G. PAGE,"Examiner."Hon. Edmund Burke, Com'r of Patents."
"Patent Office,
"Jan. 22d, 1848.
"Sir:
"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 revolving rack presents novelty chiefly in form, as its operation is similar to the revolving frame of James Ten Eyck, 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 matter 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 befunfor the lawyers but it isdeathto the hopes of many a poor patentee. We are, however, pleased to perceive a disposition manifested by the courts to sustain patents; even if occasionally an unjust claim is recognized 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.
McCormick-Hussey Controversy
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 will refer briefly to each, having read them carefully, and obtained certified copies of all from the Patent office.
Dr. N. M. Hitt testified to a reaping machine being made by C. 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.
Mary McCormick, mother of C. H. McCormick, agreed in general with the testimony of her sons,—did not doubt but it was correct, "it appears familiar to me," but testified to nothing in particular.
Testimony
John Steele, Jr., was tavernkeeper at "Steele's Tavern," testified as to the year being 1831 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 H. 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 1831.
John McCown—was a blacksmith—testified thathemade 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 ofwoodoriron,aboveorbelow, 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 9 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 seven sworn witnesses, "ladiesandgentlemen," testify that the machine ever worked a single hour, or cut as much grain of any kind as would make a single sheaf![1]
[1]The reading of this testimony strongly reminds us of an anecdote related at the hustings in Virginia by that talented but eccentric character, John Randolph, of Roanoake, 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 plausible 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 board than the crop could justify. "I told him," said Randolph, "this is very good tally, John, but where's the corn? and I tell the gentleman, I don't want to see his tally, but the corn—the evidence of what he ever did to entitle him to a seat in Congress." The effect was electric, and the hustings rang with plaudits. Now we would say to C. H. McCormick, this is very good tally, John, but where's the Corn? The evidence that the machine ever cut a single acre of grain.
"John Smith"
In a long communication to Commissioner 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 andvery satisfactorily, though but one person could be induced to purchase—a Mr. John Smith we believe—and that up to 1842,elevenyears after the alleged invention, he had sold but two machines, and one of them conditionally. Again, in thesame paperhe states, "but they failed to operate well," and had to be altered—in other words they would not work at all. Amongst others, he had 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 surprised at this; for some 35 years ago we were personally acquainted with this "farmer of Virginia," and also with his mode of farming; and know that a machine of any kind to please himmust workand 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 agreeably to adjournment—Present, James Buchanan, Secretary of State, Edmund Burke, Commissioner of Patents, and R. H. Gillett, 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,"Secretary of State.
"EDMUND BURKE,"Commissioner of Patents.
"R. H. GILLETT,"Solicitor of the Treasury."
This evidence, taken in due form, and certified to by the magistrates in Augusta and Rockbridge Counties, Virginia, wasnotruled 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 invention, and in connection 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."
Mr. Hussey Acted in Self Defense
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 compelled me to act in self defense."
McCormick Assailed the Hussey Extension
Not so with C. H. McCormick; for when his claims were rejected by the Board of Extensions,—and most justly, as we think, in accordance with the evidence—he petitioned Congress against 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 1831 was good for nothing,—not evenhalf invented; and that the machine of 1841 was not much more perfect.
On page 231 of the Reports of Juries for the Great London Exhibition, and now in the Library of Congress, we find the following:
"It seems right," says Philip Pusey, Esq., M. 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."—[Pusey.]
"My father was a farmer in the county of Rockbridge, State of Virginia, United States. He made an experiment in cutting grain in the year 1816, by a number of cylinders standing perpendicularly. Another experiment of the same kind was made by my father in the harvest of 1831, 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, supported by stationary fingers over the edge, and a reel to gather the corn; which last, however, I found had been used before, though not in the same combination.
"Although these parts constituted the foundation of the present machine, I found 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,I was often advised by my father and family to abandon 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 patent 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, etc.—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."[2]
[2]"The sale has since steadily increased, and is now more than a thousand yearly." This was written in 1851, and by a little calculation, we can readily estimate the "yearly" profits. In the Circuit Court of the United States, at Albany, in the suit brought by C. H. McCormick against Seymour & Morgan, in 1850, for an alleged infringement of patent, it was proved on the oath of O. H. Dormon, his partner, and also on the oath of H. A. Blakesley, their clerk, that these Reapers only cost $36 to $37 to manufacture. By the same evidence, the sales averaged from $110 to $120 each machine; leaving a clear profit of at least $73. C. H. McCormick first received a patent fee of $30 on each machine, then three-fourths of the remainder in the division of profits. It would thus appear, if these figures are correct—and they are all sworn to—that C. H. McCormick realized full fifty thousand dollars clear profit annually, with a margin of eight to ten thousand dollars for commissions and bad debts in addition.
It would be just as conclusive and reasonable for thefatherof C. H. McCormick to claim at this day priority of invention for his Reaper invented in 1816, "by a number of cylinders standing perpendicularly;" or for "the invention made by my father in the harvest of 1831, which satisfied my father to abandon it." This authority, high and official as all must admit it to be, [and italicised too, by the writer for a particular object,] clearly proves that the invention of 1831 was an abortion; for if the principle was effective to cut one acre of grain properly, any man of common sense knows that it was equally so to cut one thousand acres; but so complete was the failure that, "During this interval"—between 1831 and 1834—"I was often advised by my father and family to abandon it, and pursue my regular business, as likely to be more profitable, he having given me a farm."
Again, "No machines were sold until 1840, and I may say that they were not of much practical value until the improvements of my second patent in 1845." What these improvements were we are also informed: "These improvements consist in reversing the angle of the sickle teeth alternately, the improved form of the fingers to hold up the corn, etc.—an iron case to preserve the sickle from clogging, etc.—up to this period nothing but loss of time and money resulted from my efforts."
Nor is it at all surprising; for until improvements were added, invented and long in successful operation by others, the machine would not work, and consequently no one would buy.
McCormick's Pen More Effective Than His Reaper
This letter is the most perfect and complete estopper to priority of invention—not only for 1831, but to 1841 inclusive, if not to 1845, that could bepenned. Hispencuts a "cleaner swath," as we farmers say, than ever did his Reaper; and this letter at least is certainly C. H. McCormick's own "invention," which no one else can lay any claim to. Yet, strange as it may appear, he contended before the Board of Extensions in order to invalidate Hussey's Patent, that he invented a Reaping Machine nine years before! So has perpetual motion been invented a hundred times—in the estimation of the projectors; and by his own showing, and on oath, he sold but two machines up to 1842—one of them conditionally sold—beingelevenyears after the alleged invention, and even they had to be re-invented to make them work, or use the previous inventions of others.
In this letter to Philip Pusey, Esq., M. P., C. H. McCormick admits that the Reel "had been used before," yet he includes it in his patent of 1834.—Both the specifications and drawings in the Patent Office conclusively establish the fact that James Ten Eyckpatentedthe reel or "revolving rack," or "revolving frame" in 1825, used not only togatherthe grain as all such devices are used, but by the knives attached to it, also intended tocut it off.
Priority of the Reel
Could it be contended that becauserockersare attached to a chair it is no longer a chair, or useful as a seat? Even "Mary McCormick, the mother of Cyrus," and "Eliza H. Steele, of Steele's Tavern, Virginia"—nay every woman and child in the country would tell you that it was then arockingchair—just as much a seat as ever—and Ten Eyck's was a Reel to all intents and purposes, but also acuttingreel. It does not require the mechanical tact and skill of Professor Page to discover that "the revolving rack presents novelty chiefly in form, as its operation is similar to the revolving frame of James Ten Eyck, patented November 2d, 1825." It is certain the reel was no "novelty," either in 1831 or 1834, when patented by C. H. McCormick;hetells us so himself; and it is most likely the father of C. H. McCormick also used a reel for his "cylinders standing perpendicularly, in 1816," and also for his other plan in 1831, and "which satisfied my father to abandon it." And it is equally probable that most of the "fathers" and the sons, who invented Reapers for a hundred years preceding the date of Hussey's patent, used reels;—indeed the reel seemed to be considered aSine qua nonby many; most of the inventors we have any clear account of, resorted to the reel.
Hussey also used the reel in 1833—of course the reel and seat in combination—but only for a short period, as it was found quite unnecessary—an actual incumbrance withhiscutting apparatus, and soon laid it aside.
We will now examine another invention patented by C. H. McCormick, in 1847. We here assert and challenge a denial, that from 12 to 14 years after the alleged invention of a Reaper by C. H. McCormick in 1831, and from 9 to 12 years after the date of his patent in 1834 hisraker walkedby the side of his machine, while Hussey's rakerrode on the machine as they always had donesince his first machine that cut the grain like "a thing of life" in Hamilton County, Ohio, in 1833. Yet, in 1847, C. H. McCormick takes out a patent for theraker's seat! thiswasa "novelty" and well worth a patent!
The Raker's Seat
In two trials of reaping machines by Hussey and McCormick in the same fields in Virginia, in 1843, one at Hutchinson's, and the other on the plantation of the late Senator Roane, at Tree Hill, near Richmond, McCormick's rakerwalkedby the side of the machine, while Hussey'srodeon the machine, in the same manner as he did just exactly ten years before.
We have three letters from the late Hon. William H. Roane referring to these trials, and ordering a machine from Hussey, after witnessing the operation of both. Two of the letters he desired might not be published; but says in one of them, "I have no objection to your stating publicly that amemberof the committee who made the report last summer atHutchinson's, which was published a few days thereafter, witnessed a fuller and fairer trial between the two machines, and has in consequence ordered one of yours. * * * What I have said above of —— is intended only for your eyeconfidentially, to show you in part the character and probable motives of the opposition your Reaper has met. Let what I say be private, as I have a great objection to going into the newspapers. Should you ever want it, you can have from me the strongest public testimonial of my good opinion of your machine."
The third letter, giving this "testimonial," was published in the American Farmer in January, 1844. As the Raker's Seat—the main feature of C. H. McCormick's patent of 1847—comes fairly within the scope of this enquiry as to priority of invention, we re-publish Senator Roane's letter and also furnish other testimony on the subject.
"To the Editor of the American Farmer:"As the question ofwhich is the best Reaping Machineis of no little importance to wheat growers, it is highly necessary that they be rightly informed of every fact which tends to decide the question. The trial which forms the subject of the following correspondence was looked forward to with great interest by farmers; such was the partial character of the trial, and the general terms of the committee's report, in which the particulars that led to the result were omitted, it cannot appear strange that the public should be in some degree misled with regard to the relative merits of the two machines. If my own interest was alone concerned, I would not thus far trespass on your columns, but you will doubtless agree with me, that it is due to wheat growers throughout the country that the views expressed by Mr. Roane, in connection with the committee's report, should be published as extensively as the report itself; I therefore solicit the insertion of the following correspondence in your paper."Very respectfully,"OBED HUSSEY."
"To the Editor of the American Farmer:
"As the question ofwhich is the best Reaping Machineis of no little importance to wheat growers, it is highly necessary that they be rightly informed of every fact which tends to decide the question. The trial which forms the subject of the following correspondence was looked forward to with great interest by farmers; such was the partial character of the trial, and the general terms of the committee's report, in which the particulars that led to the result were omitted, it cannot appear strange that the public should be in some degree misled with regard to the relative merits of the two machines. If my own interest was alone concerned, I would not thus far trespass on your columns, but you will doubtless agree with me, that it is due to wheat growers throughout the country that the views expressed by Mr. Roane, in connection with the committee's report, should be published as extensively as the report itself; I therefore solicit the insertion of the following correspondence in your paper.
"Very respectfully,
"OBED HUSSEY."
Hussey Letter to Mr. Roane
"Baltimore, January 18th, 1844."To the Hon. William H. Roane:"Dear Sir—You will remember that a trial took place on the farm of Mr. Hutchinson near Richmond, Va., in July last, between my reaping machine and Mr. McCormick's, at which trial you were one of a committee which gave the preference to Mr. McCormick's machine."You will also recollect that the machine which I used at that time was a small one, and quite different from that which I used in your field a few days afterwards in a second trial between Mr. McCormick and myself."As the first trial was made under circumstances unfavorable to myself, owing to the difficulties which prevented me from getting my best machine to the field on that day, and other impediments incidental to a stranger unprovided with a team, etc., and as no report was made of the second trial, you will oblige me by informing me what your impressions were after witnessing the second trial."I would very gladly embrace the opportunity which the next harvest will afford of following up my experiments in wheat cutting in Virginia, but the new field opened to me in thegreat westfor cutting hemp, in which I was so successful last September, as will appear by the Louisville 'Journal' of that date, will claim my particular attention this year. I mention this to you lest it might appear that I had abandoned the field in Virginia by my non-appearance there in the next harvest."Very respectfully yours, etc.,"OBED HUSSEY."
"Baltimore, January 18th, 1844.
"To the Hon. William H. Roane:
"Dear Sir—You will remember that a trial took place on the farm of Mr. Hutchinson near Richmond, Va., in July last, between my reaping machine and Mr. McCormick's, at which trial you were one of a committee which gave the preference to Mr. McCormick's machine.
"You will also recollect that the machine which I used at that time was a small one, and quite different from that which I used in your field a few days afterwards in a second trial between Mr. McCormick and myself.
"As the first trial was made under circumstances unfavorable to myself, owing to the difficulties which prevented me from getting my best machine to the field on that day, and other impediments incidental to a stranger unprovided with a team, etc., and as no report was made of the second trial, you will oblige me by informing me what your impressions were after witnessing the second trial.
"I would very gladly embrace the opportunity which the next harvest will afford of following up my experiments in wheat cutting in Virginia, but the new field opened to me in thegreat westfor cutting hemp, in which I was so successful last September, as will appear by the Louisville 'Journal' of that date, will claim my particular attention this year. I mention this to you lest it might appear that I had abandoned the field in Virginia by my non-appearance there in the next harvest.
"Very respectfully yours, etc.,
"OBED HUSSEY."
Mr. Roane's Reply
"Tree Hill, January 23d, 1844."Dear Sir:"I received a few days ago your letter of the 17th inst., on the subject of your reaping machine; you call my recollection to a trial between it and Mr. McCormick's reaper at Mr. Hutchinson's in July last, on which occasion I 'was one of a committee which gave the preference to Mr. McCormick's machine;' you also advert to a trial between these rival machines a few days subsequent, at this place, and request to know my impressions after this second trial. I presume from the fact of my having ordered one of your reapers for the ensuing harvest, that it is your purpose to publish this statement. Averse as I am to having my name in print onthis, or any other occasion, I cannot with propriety decline a response to your inquiry. I had never seen or formed an idea of a reaping machine until I went to Hutchinson's—I was surprised and delighted with the performance of each of them, and fully resolved to own one of them by thenextharvest, but their performance that day left me in a state of doubt which I should select. The report spoke in terms of high praise of each machine, and I consented to its award thaton the wholeMr. McCormick's was preferable, merely because being the cheapest and requiring but two horses, it would best suit the majority of our farmers, who make small crops of wheat onweak land—for I doubted its capacity inheavygrain. After this report was made I heard your complaint that you did not have a fair trial, because being unable to bring into the field your large improved Reaper, which was up the river, you were compelled to comply with yourengagementfor the day, with asmallandinferiormachine, drawn by an indifferent and untutored team. Mr. Hutchinson's wheat was badly rusted, and therefore light. I had ready for the scythe a low ground field of heavy and well matured grain; partly to expedite my harvest work, and partly to renew the trial, that I might solve my doubts as to the merits of these machines, I succeeded in engaging them to be at Tree Hill on a named day. They both came agreeable to appointment, Mr. McCormick bringing the machine he used at Hutchinson's, and you bringing the one you could not on that occasion bring down the river. The day was fine, and both machines did their best, and had a very fair trial. My doubts were fully removed, and my mind convinced that for the heavy wheat we raise on our river low grounds, rich bottoms, etc.,yourmachine is superior to Mr. McCormick's, of which I still think 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 amplepowerfor the process."Most respectfully, yours, etc.,"W. H. ROANE."Mr. Obed Hussey, Baltimore."
"Tree Hill, January 23d, 1844.
"Dear Sir:
"I received a few days ago your letter of the 17th inst., on the subject of your reaping machine; you call my recollection to a trial between it and Mr. McCormick's reaper at Mr. Hutchinson's in July last, on which occasion I 'was one of a committee which gave the preference to Mr. McCormick's machine;' you also advert to a trial between these rival machines a few days subsequent, at this place, and request to know my impressions after this second trial. I presume from the fact of my having ordered one of your reapers for the ensuing harvest, that it is your purpose to publish this statement. Averse as I am to having my name in print onthis, or any other occasion, I cannot with propriety decline a response to your inquiry. I had never seen or formed an idea of a reaping machine until I went to Hutchinson's—I was surprised and delighted with the performance of each of them, and fully resolved to own one of them by thenextharvest, but their performance that day left me in a state of doubt which I should select. The report spoke in terms of high praise of each machine, and I consented to its award thaton the wholeMr. McCormick's was preferable, merely because being the cheapest and requiring but two horses, it would best suit the majority of our farmers, who make small crops of wheat onweak land—for I doubted its capacity inheavygrain. After this report was made I heard your complaint that you did not have a fair trial, because being unable to bring into the field your large improved Reaper, which was up the river, you were compelled to comply with yourengagementfor the day, with asmallandinferiormachine, drawn by an indifferent and untutored team. Mr. Hutchinson's wheat was badly rusted, and therefore light. I had ready for the scythe a low ground field of heavy and well matured grain; partly to expedite my harvest work, and partly to renew the trial, that I might solve my doubts as to the merits of these machines, I succeeded in engaging them to be at Tree Hill on a named day. They both came agreeable to appointment, Mr. McCormick bringing the machine he used at Hutchinson's, and you bringing the one you could not on that occasion bring down the river. The day was fine, and both machines did their best, and had a very fair trial. My doubts were fully removed, and my mind convinced that for the heavy wheat we raise on our river low grounds, rich bottoms, etc.,yourmachine is superior to Mr. McCormick's, of which I still think 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 amplepowerfor the process.
"Most respectfully, yours, etc.,
"W. H. ROANE.
"Mr. Obed Hussey, Baltimore."
"We are not advised at what precise period subsequent to 1843 and previous to 1847 (when C. H. McCormick patented the raker's seat), that he changed the arrangement of his wheels, etc., so as to admit a seat for his raker without 'tipping up the machine' as was unavoidable previously. From evidence deemed fully reliable,hewas 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, torideandrake; but towalkandrakeis 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 toridein 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 (italicised by the writer):
"In 1842 my father, by my request, purchased for me ofC. H. McCormickandFather, a reaper at $110, which wasdrawnby two horses, and it was raked off to the right hand side by aman on foot. The father of C. H. McCormick stated to me at the commencement of that harvest, that it had beennine years since theyhad 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 thathehad been atoddtimes at work on the reaper for many years; and either he or his son stated to me that C. H. McCormick had beenimproving,changingorinventingvarious parts until they had (as they thought) perfected the machine. * * * I disliked the laborimposed on the hand who had to walk and removethe 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, but that a self-operating appendage could be constructed to remove the grain, but that would be uncertain, and entirely unreliable. During my visit, he pointed out to meoneormorefixtures they had tried for the raker to ride on. I think one was on one wheel, and the other on two.
Mr. Hite Suggests a Seat
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.
McCormick Condemns
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 3½ feet, constructed on two wheels, and connected underneath the platform, 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 constructed, as to be drawn by an iron bar so shaped, appended and supported on the underneath part of the carriage, as to admit 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 arake of peculiar shape;—(it cannot be done with a rake of ordinary shape).
McCormick Adopts Mr. Hite's Suggestion
The working of the first carriage was witnessed by many gentlemen who approved of it; and the combination of the second 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 mea letter, stating he had changed the construction of his machine, and had it so constructed that the raker could ride on the machine and remove the grain."
We think the foregoing letter—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 evidence than the above—C. H. McCormick himself.
His Patent of 1847, covering some four or five folio pages, is altogether 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:
McCormick's Patent for Raker's Seat
"And the gearing which communicates motion to the crank is placed back of the driving wheel, which is therefore subject to be clogged by sand, dirt, straw, etc.—and in consequence of the relative position of the various parts, the attendant is obliged to walk on the ground by the side of the machine, to rake the cut grain from the platform as it is delivered and laid there by the reel.These defects which have so much retarded the introduction into practical and general use of Reaping Machines, I have remedied by my improvements, the nature of which consists in placing 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, etc., and also bringing the driving wheel sufficiently far backto balance the frame of the machine with the raker on it, to make room for him to sit or stand on the frame," etc., etc.—"which cannot be done, if the raker walks by the side of the machine, as heretofore."
Hussey Fourteen Years Ahead
Now if C. H. McCormick's testimony in his own favor, can be considered reliable, he certainly had notinventeda seat for his raker as late as 1845—and not long prior to 1847, when he patented it; and justfourteen yearsafter Hussey had used itevery year, successively. The raker's seat therefore was just asoriginalan invention as the reel.
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, etc., etc., 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, efficiently, 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 Northwestern 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, etc.
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.
The Hussey Principle
His principle—the arrangement and construction of the Guards and Knives—was precisely identical with those used by him at the present day, except an improvement patented in 1847, leaving openings at the back end of the slot in the guards for the escape of particles 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 personal 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.
An Early Experiment
Judge Foster, residing within a few miles of the city, and to whom he applied, 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 inventor, for it may well be supposed it was an anxious moment to him, and he desiredno witnesses to his failure. The machine was started; but owing to some part giving away, or some slight defect not apparent until then, it failed to work satisfactorily. One burley fellow present picked up a cradle, and, swinging it with an air of great exultation, 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 removed—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!
Thesamemachine 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 living witnesses of what is here stated.
Wallace Testimonial
Cincinnati, November 20th, 1833.This may certify that I was present on the 2nd day of July near Carthage, in this county, at an experimental trial with a machine invented by Mr. Obed Hussey 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 ofwoodwhich should have been made of iron, and in consequence 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 upon which the machine is constructed will operate; and when well built will be an important improvement, and greatly facilitate 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.
Cincinnati, November 20th, 1833.
This may certify that I was present on the 2nd day of July near Carthage, in this county, at an experimental trial with a machine invented by Mr. Obed Hussey 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 ofwoodwhich should have been made of iron, and in consequence 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 upon which the machine is constructed will operate; and when well built will be an important improvement, and greatly facilitate 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.
Exceeded Expectations
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 expectations. Cutting the grain clean and rapidly, and leaving it in good order for binding. We 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.(Signed) "G. A. MAYHEW,T. R. SEBRING,A. CASTNER,JACOB WHITE,H. B. COFFIN,C. F. COFFIN,S. W. FOLGER,T. B. COFFIN,WM. PADDOCK."
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 expectations. Cutting the grain clean and rapidly, and leaving it in good order for binding. We 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.
(Signed) "G. A. MAYHEW,T. R. SEBRING,A. CASTNER,JACOB WHITE,H. B. COFFIN,C. F. COFFIN,S. W. FOLGER,T. B. COFFIN,WM. PADDOCK."
There are several other certificates equally conclusive and satisfactory; but we will only copy in addition to the foregoing, a short piece from theFarmer and Mechanic, issued July 3d, 1833, in Cincinnati, 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."
The Problem Solved
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 completely and satisfactorily, and with so simple and practical a machine.
Some visited the exhibition determined to condemn as they afterwards acknowledged, deeming the thing impracticable; but all were convinced; for the demonstration was of that character which left no room for doubt or cavil in the minds of any.
A Great Triumph
It was indeed a triumph,—not perhaps entirely unexpected to the inventor—but neither he, nor 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 lightening his labors, and adding to his comfort and independence; only circumscribed in its beneficial influence by the bounds of civilization.
Some may possibly suppose that we view the invention in too glowing colors; but we have yet to meet with the farmer who owned a good reaping and mowing machine that would dispense with its advantages for twice the cost of the implement, and again be compelled 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.
No Competitors Until 1841
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 off 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 themselves. 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, familiar with most of the important improvements of the age;—of all in fact, directly connected with agriculture in its labor saving implements, of any notoriety.
No Reaping Machine Without Hussey Principle
Many alleged improvements have been made in the Reaper in the past ten or twelve years; and many more still within half that period. How far they are new inventions, and actualimprovements, we can better judge by examining Hussey's patent; for it describes the cutting apparatus clearly 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 motive 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 antiquity. 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.
The Guards
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 1847, 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 callguards, are fixed 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 points. The guards are formed of a top and bottom piece, joined at the point and near the back, being nearly parallel, and about one-eighth 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, more or less, from center to center.
Diagram Showing Arrangement of Guards and Knives
Diagram Showing Arrangement of Guards and Knives
The Cutter
"The cutter or saw (f) is formed of thin triangular plates of steel fastened to a straightflat rod, (g) 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 points 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 equal 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, they should in one revolution give the crank sixteen vibrations, more or less; the saw teeth should play clear of 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 grain, 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 of the 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 operator,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 one and one-half 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."
Gearing of Hussey's Early Reapers
Gearing of Hussey's Early Reapers.
The Four Essentials
"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 the 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 arrangement 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. 1, 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 prevent the blades choking."
McCormick Twelve Years Late
En passant, we 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, and twelve years after his most complete and uninterrupted success in cutting both grain and grass. In fact, there was no year from and including 1833 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 Hussey'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, successively and successfully.
Canfield Testimonial
We have given some of the evidence for 1833. For 1834 we annex two letters giving an account of the two machines made this year, one in Illinois, and the other in New York, viz: