"'Hagerstown, August 15, 1837."'Dear Sir: Will you please give this a place in your paper, for the benefit of wheat growers. As the subject is of public interest, it is hoped that other papers will circulate it through the grain growing districts of the country.A Hussey Testimonial"'I procured a reaping machine this summer of Mr. Hussey, the inventor, which I have used through my wheat harvest. It was in constant use every day, and performed its work to my satisfaction, and far better than I had any expectation of when I first engaged it of Mr. Hussey. When the ground is clear of rocks, loose stones, stumps, etc., and the grain stands well, it cuts it perfectly clear, taking every head; and, if well managed, scatters none, but leaves it in neat heaps ready for binding. When the grain is flat down, the machine will of course pass over it; but if it be leaning, or tangled only, it is cut nearly as well as if standing, excepting when it leans from the machine, and then if the horses are put in a trot it will be very well cut. But in cutting such grain much depends on the expertness of the hand who pushes off the grain, in making clean work and good sheaves. I found the machine capable of going through anything growing on my wheat land, such as weeds and grass, no matter how thick."'After my harvest was over, I cut my seed timothy with the same neatness and ease that I did my grain. As respects the durability of the machine, I can say this much for my machine, that not the least thing has given out yet; it appears as strong as a cart, and but little liable to get out of order, if well used. I was advised by Mr. Hussey of the necessity of keeping some of the parts well greased; this I have punctually attended to, and no perceptible wear yet appears, beyond the ordinary wear of any other machinery.Durability of the Machine"'It is immaterial to the machine whether the speed be a walk, or trot; although a walk will make the most perfect work. My speed was a common walk, but a trot is sometimes necessary to counteract the effect of a strong wind when blowing from behind, in order to incline the grain backwards, on to the platform, to make good bundles. A quick walk is required to make good work in very short and scattering grain. The machine performs well, up or down hill, provided the surface be not too broken. By its compactness and ease of management, rocks, and stumps too high to be cut over, can be easily avoided. Although a rough surface is very objectionable, yet I have cut over very rocky ground with no material difficulty. I can say one thing which to some may appear incredible, but it is not the less true; the cutters of my machine have not been sharpened since I have had it; nor have I yet seen any appearance of a need of it in the quality of its work. How many harvests a machine would cut without sharpening is hard to say. I propose sharpening mine once a year only. I have used two horses at a time in the machine, and sometimes changed at noon; they worked it with ease, the draught being light. I took no account of what I cut in any one day, with this exception: in less than half a day I cut six acres, and was often detained for want of the requisite number of binders, by which much time was lost. My machine being something narrower than those generally made by Mr. Hussey, I could cut but about one acre in going two miles; this, at the moderate gait of two and a half miles per hour, would amount to twelve and a half acres in ten hours; and at four miles per hour, a speed at which the work is done in fine style, the amount would be twenty acres in ten hours. I should judge my quantity per day to range between ten and fifteen acres, yet I am decided in the opinion that I can cut twenty acres in a day, of good grain, on good ground, by the usual diligence of harvest hands, with a little increase of my usual speed, and a change of horses. Two hands are required to work the machine, a man to push off the grain and a boy to drive, besides a number of binders, proportioned to the quantity cut. As the machine can be drawn equally fast in heavy or light grain, the number of binders is necessarily increased in heavy grain, except an additional speed be given in light grain. Under every circumstance, the number of binders will vary from four to ten; and, when the usual care is practiced by the binders, there will be much less waste than in any other method of cutting.A Labor-Saving Machine"'I speak with more confidence of the merits and capacity of Mr. Hussey's reaping machine, from the circumstance of having pushed the grain off myself for several days, in order to make myself practically and thoroughly acquainted with it, before putting it into the hands of my laboring men. The land in this country being rather rocky and uneven, it is hard to say what may be the ultimate advantage of these machines to our farmers; but from what little experience I have had, I am resolved not to be without one or two of them. I can therefore recommend the machine with confidence, especially to those who have a large proportion of smooth ground in cultivation. It is undoubtedly a labor saving machine, and worthy of their attention.'JOHN STONEBRAKER.'Mr. Bell, Editor of the Torch Light.'
"'Hagerstown, August 15, 1837.
"'Dear Sir: Will you please give this a place in your paper, for the benefit of wheat growers. As the subject is of public interest, it is hoped that other papers will circulate it through the grain growing districts of the country.
A Hussey Testimonial
"'I procured a reaping machine this summer of Mr. Hussey, the inventor, which I have used through my wheat harvest. It was in constant use every day, and performed its work to my satisfaction, and far better than I had any expectation of when I first engaged it of Mr. Hussey. When the ground is clear of rocks, loose stones, stumps, etc., and the grain stands well, it cuts it perfectly clear, taking every head; and, if well managed, scatters none, but leaves it in neat heaps ready for binding. When the grain is flat down, the machine will of course pass over it; but if it be leaning, or tangled only, it is cut nearly as well as if standing, excepting when it leans from the machine, and then if the horses are put in a trot it will be very well cut. But in cutting such grain much depends on the expertness of the hand who pushes off the grain, in making clean work and good sheaves. I found the machine capable of going through anything growing on my wheat land, such as weeds and grass, no matter how thick.
"'After my harvest was over, I cut my seed timothy with the same neatness and ease that I did my grain. As respects the durability of the machine, I can say this much for my machine, that not the least thing has given out yet; it appears as strong as a cart, and but little liable to get out of order, if well used. I was advised by Mr. Hussey of the necessity of keeping some of the parts well greased; this I have punctually attended to, and no perceptible wear yet appears, beyond the ordinary wear of any other machinery.
Durability of the Machine
"'It is immaterial to the machine whether the speed be a walk, or trot; although a walk will make the most perfect work. My speed was a common walk, but a trot is sometimes necessary to counteract the effect of a strong wind when blowing from behind, in order to incline the grain backwards, on to the platform, to make good bundles. A quick walk is required to make good work in very short and scattering grain. The machine performs well, up or down hill, provided the surface be not too broken. By its compactness and ease of management, rocks, and stumps too high to be cut over, can be easily avoided. Although a rough surface is very objectionable, yet I have cut over very rocky ground with no material difficulty. I can say one thing which to some may appear incredible, but it is not the less true; the cutters of my machine have not been sharpened since I have had it; nor have I yet seen any appearance of a need of it in the quality of its work. How many harvests a machine would cut without sharpening is hard to say. I propose sharpening mine once a year only. I have used two horses at a time in the machine, and sometimes changed at noon; they worked it with ease, the draught being light. I took no account of what I cut in any one day, with this exception: in less than half a day I cut six acres, and was often detained for want of the requisite number of binders, by which much time was lost. My machine being something narrower than those generally made by Mr. Hussey, I could cut but about one acre in going two miles; this, at the moderate gait of two and a half miles per hour, would amount to twelve and a half acres in ten hours; and at four miles per hour, a speed at which the work is done in fine style, the amount would be twenty acres in ten hours. I should judge my quantity per day to range between ten and fifteen acres, yet I am decided in the opinion that I can cut twenty acres in a day, of good grain, on good ground, by the usual diligence of harvest hands, with a little increase of my usual speed, and a change of horses. Two hands are required to work the machine, a man to push off the grain and a boy to drive, besides a number of binders, proportioned to the quantity cut. As the machine can be drawn equally fast in heavy or light grain, the number of binders is necessarily increased in heavy grain, except an additional speed be given in light grain. Under every circumstance, the number of binders will vary from four to ten; and, when the usual care is practiced by the binders, there will be much less waste than in any other method of cutting.
A Labor-Saving Machine
"'I speak with more confidence of the merits and capacity of Mr. Hussey's reaping machine, from the circumstance of having pushed the grain off myself for several days, in order to make myself practically and thoroughly acquainted with it, before putting it into the hands of my laboring men. The land in this country being rather rocky and uneven, it is hard to say what may be the ultimate advantage of these machines to our farmers; but from what little experience I have had, I am resolved not to be without one or two of them. I can therefore recommend the machine with confidence, especially to those who have a large proportion of smooth ground in cultivation. It is undoubtedly a labor saving machine, and worthy of their attention.
'JOHN STONEBRAKER.
'Mr. Bell, Editor of the Torch Light.'
"To this testimonial from one of the best and most practical farmers in Maryland could be added many more, should they be needed. Farther improvements on the part of the inventor, during the past year, have much increased the power of the machine; and its adoption, as a valuable agricultural implement, is becoming very general.
Other Testimonials
"One of these machines is now in the possession of the writer, which arrived too late for use during the harvest of the present season. From one or two trials, however, and those under the disadvantageous circumstances of arranging a new machine, and the forced selection of a spot little suited for experiment, no doubt remains of the result.
"We add a letter to the inventor from Colonel Tilghmann, who also resides near Hagerstown, Maryland.
"'September 15, 1837."'Sir: Your wheat cutting machine was used by me in securing my clover seed. With one man, three boys, and two horses, we cut about twelve acres per day. The operation was in every respect complete. The clover was well cut, and deposited in proper sized heaps, and no raking required, further than to remove the heaps of cut clover from the track of the machine. The whole operation was easily performed by the hands and the horses."'In the operation of cutting wheat, I followed the machine for two hours in the field of Mr. John Stonebraker, during the late wheat harvest, and can vouch for the operation in securing his wheat in the manner described in his publication. The late improvements made by you in your machine have added greatly to the beauty and facility of its operation.'Yours respectfully,'F. TILGHMANN.''Mr. Hussey.'
"'September 15, 1837.
"'Sir: Your wheat cutting machine was used by me in securing my clover seed. With one man, three boys, and two horses, we cut about twelve acres per day. The operation was in every respect complete. The clover was well cut, and deposited in proper sized heaps, and no raking required, further than to remove the heaps of cut clover from the track of the machine. The whole operation was easily performed by the hands and the horses.
"'In the operation of cutting wheat, I followed the machine for two hours in the field of Mr. John Stonebraker, during the late wheat harvest, and can vouch for the operation in securing his wheat in the manner described in his publication. The late improvements made by you in your machine have added greatly to the beauty and facility of its operation.
'Yours respectfully,
'F. TILGHMANN.'
'Mr. Hussey.'
"We add the following notice of this machine, from Messrs. S. and E. P. Le Compte, enterprising farmers, of Cambridge, Maryland, as follows:
"'Cambridge, July 3, 1838."'We have employed Mr. Obed Hussey's wheat cutting machine to cut for us about thirty-four acres; the greater part of which was very heavy. We were remarkably well pleased with the performance of said machine, and are of opinion that, with proper management and attention, it will cut twenty acres per day, and save it much better than any other mode of cutting we have ever tried."'S. & E. P. LE COMPTE.'
"'Cambridge, July 3, 1838.
"'We have employed Mr. Obed Hussey's wheat cutting machine to cut for us about thirty-four acres; the greater part of which was very heavy. We were remarkably well pleased with the performance of said machine, and are of opinion that, with proper management and attention, it will cut twenty acres per day, and save it much better than any other mode of cutting we have ever tried.
"'S. & E. P. LE COMPTE.'
"To which is appended the following postscript:
"'I have been a practical farmer forty years; and am well satisfied, that, on a large farm, this machine will save wheat enough, beyond the scythe and hooks, to pay all the expense of cutting and binding.'SAMUEL LE COMPTE.'"
"'I have been a practical farmer forty years; and am well satisfied, that, on a large farm, this machine will save wheat enough, beyond the scythe and hooks, to pay all the expense of cutting and binding.
'SAMUEL LE COMPTE.'"
I next quoted again from the "Valley of the Upper Wabash, Indiana:"
Silver medal won by Mr. Hussey with the Reaper at Baltimore in 1850
Silver medal won by Mr. Hussey with the Reaper at Baltimore in 1850.
Invitation of Agricultural Board
"Report of the Board of Trustees of 'The Maryland Agricultural Society,' for the Eastern Shore, on the machine for harvesting small grain, invented by Mr. Obed Hussey, of Cincinnati, Ohio.
How the Reaper Worked
"The favorable accounts of the operation of this implement in several of the Western States, induced the board to invite Mr. Hussey to bring it to Maryland, and submit it to their inspection. It was accordingly exhibited in Oxford, Talbot county, on the first of July, in presence of the board, and a considerable number of other gentlemen. Its performance may justly be denominated perfect, as it cuts every spear of grain, collects it in bunches of the proper size for sheaves, and lays it straight and even for the binders. On the 12th of July a public exhibition was made at Easton, under the direction of the board; several hundred persons, principally farmers, assembled to witness it, and expressed themselves highly satisfied with the result. At the Trappe, where it was shown by the inventor on the following Saturday, an equal degree of approbation was evinced. It was afterwards used on the farm of Mr. Tench Tilghman, where 180 acres of wheat, oats, and barley were cut with it. Three mules of medium size worked in it constantly, with as much ease as in a drag harrow. They moved with equal facility in a walk or a trot. A concise description of this simple implement will show that it is admirably adapted to the important purpose for which it was invented. Resting on two wheels, which are permanently attached to the machine, and impart the motion to the whole, the main body of the machine is drawn by the horses along the outer edge of the standing grain. As the horses travel outside of the grain, it is neither knocked down or tangled in the slightest degree. Behind the wheels is a platform (supported by a roller or wheel), which projects beyond the side of the machine five feet into the grain. On the front of the edge projecting part of the platform is the cutter. This is composed of twenty-one teeth, resembling large lancet blades, which are placed side by side, and firmly riveted to a rod of iron. A lateral motion is imparted to it by a crank, causing it to vibrate between two rows of iron spikes, which point forward. As the machine advances, the grain is cut and falls backwards on the platform, where it collects in a pile. A man is placed on the part of the platform directly behind the horses, and with a rake of peculiar construction pushes off the grain in separate bunches, each bunch making a sheaf. It may appear to some that the grain will accumulate too rapidly for this man to perform his duty. But, upon considering the difference between the space occupied by the grain when standing, and when lying in a pile after it is cut, it will be evident that the raker has ample time to push off the bunches even in the thickest grain. In thin grain he has to wait until sufficient has collected to form a sheaf.
"The machine is driven around the grain, which may be sown either on a smooth surface or on corn ridges. For the first round a way may be cleared with a cradle; but this is deemed unnecessary, for the grain, when driven over, is left in an inclined position, and by cutting it in the opposite direction as much of it is saved as with a cradle. Fourteen acres in corn lands were cut between 10 A. M. and 7½ P. M. The hands had never worked with the machine before, nor was it a trial day's work; for, owing to the shortness of the straw, the machine was not allowed to cut when passing over the ridges from one side of the ground to the other, and this time was consequently lost. From the principle on which the cutting is performed, a keen edge to the cutter is by no means essential. The toughest weeds, an occasional corn stalk, or a stick of the thickness of a man's little finger, have been frequently cut without at all affecting its operation; it can be sharpened, however, in a few minutes with a file. The width of the swath may be increased by having the cutter made longer, and the same machine will cut a stubble of several different heights.
Mr. Hussey Awarded Silver Cups
"There is ample room to make the different parts of any size, though the strength of every part has been fully tested. The machine has been often choked by oyster-shells getting into the cutter, in attempting to cut too low a stubble. The motion of the machinery being checked, the main wheels slide on the ground; the strain on every part being equal to the power exerted by the horses. It can be managed by any intelligent, careful negro. We deem it a simple, strong, and effective machine, and take much pleasure in awarding unanimously the meritorious inventor of it a handsome pair of silver cups.
"ROBERT H. GOLDSBOROUGH,SAMUEL STEVENS,SAMUEL T. KENNARD,ROBERT BANNING,SAMUEL HAMBLETON, Senr.,NICHOLAS GOLDSBOROUGH,EDWARD N. HAMBLETON,JAMES LI. CHAMBERLAIN,MARTIN GOLDSBOROUGH,HORATIO L. EDMONSON,TENCH TILGHMAN."
Mr. Lane goes on to say that one of the machines was taken to La Porte, Indiana, and there put to work. Another was sent to Illinois.
"The turning and fitting for these machines was done at the mill of Henry Rogers, about 500 yards away from the little shop. In the following copy of a recent affidavit sent us, date not given, these last matters are sufficiently substantiated."
Mr. Lane continues:
The True Inventor
"Who invented the Reaper? The full, honest answer is that Obed Hussey invented the Reaper.
"Between April and July, 1835, John Lane and Henry Rogers (with Isaac and Clark Lane assisting in the work) at their respective places of business one mile north of Mt. Healthy, Hamilton County, Ohio, made to order of Obed Hussey one Reaping machine for S. F. and Algernon Foster, then of the same County and State. Said Reaper was made to conform to or with drawings and patterns made and furnished by the said Obed Hussey, who also superintended the work of making the machine, and witnessed its trial in the field near the middle of June, 1835, in presence of many farmers, mechanics and others near by where the same was made; and when and where it was delivered to the Messrs. Foster's, who took this same reaper to La Porte County, Indiana, for the reaping season of the same year.
"For the iron and steel work done as aforesaid books in my possession show that fifty-three and 69/100 dollars was paid by Messrs. Fosters, July 6th, 1835, to John Lane and by him receipted for in full, etc., etc.
"The cutting device we then made for this machine evidently was the invention of Obed Hussey; and it was as near exactly the same in all material parts to the cutting device now universally in use, as the hand made sickle could then or now be made. The sections of sickle were forged steel blades V shaped, having serrated or sickle cut edges, and riveted to vibrating bar passing through slotted fingers, substantially riveted to the apron or table upon which the cut grain fell in position to be raked, or 'forked off.'
McCormick Late in the Field
"This Obed Hussey machine cutting in a good average stand of barley, June, 1835, was light draught for two horses and left as clean and as evenly cut stubble behind it as the best of machines now do the same work. But one fault, if any, with this first reaper wasthe lack of one or more cogsin the driving wheel that gave motion to the sickle, which required the team to walk a bit too fast for teams of habitual, or slow motion.
(Signed) "CLARK LANE."
McCormick's Application Rejected
Regarding one who became a competitor of Hussey, much can be gathered from the U.S. Patent Office. McCormick, who came comparatively late in the field, when applying for an extension of his patents made many admissions which were afterwards shown to dispute that he had accomplished a successful machine before Mr. Hussey and others. He tells us in his petition and brief to the Commissioner of Patents that he had operated his machine in some late wheat in the harvest of 1831, but that, although he was sometimes flattered, he was often discouraged; that he did not make sales or sell rights because not satisfied that the reaper would succeed well. He was not sufficiently satisfied of its being a "useful" machine to patent the reaper; he tells us that its construction and proportions were imperfect and its cutting apparatus defective on account of liability to choke. He admits that the cutting "proved not sufficiently certain to be relied upon in all situations" until "the improvement in the fingers and reversed angle of the teeth of the sickle" shown in his patent of 1845 were adopted. A farmer ordered a machine to be delivered in 1841, but McCormick "did not then feel that it was safe to warrant its performance." These facts are found in the records of the United States Patent Office. Referring to Mr. Hussey, on whose patent, among others, McCormick's application for an extension was rejected, who proved to be a factor he must consider, he said: "I did not interfere with him because I did not find him very much in the way, calculated to beat him without, and supposed it might be best to do so." Mr. Hussey, no doubt, took the charitable view and supposed Mr. McCormick to have meant that his proofs would have been sufficient to support him in his own rights. Mr. Hussey, the Quaker, wrote the Board to whom McCormick's application for an extension had been referred, and from his letter I quote:
"In view of all these facts, I feel justified in asking your Honorable Board a decision, which, while it adjudges McCormick's machine according to its merits, will not be prejudicial to my interests, seeing that Mr. McCormick makes no claims to the grand principle in my machine, which makes it valuable, and so much better than his, which principle I claim as my invention.
Mr. Hussey's Attitude
"I had no intention, neither had I any desire, to place any obstacle in the way of the extension of McCormick's patent, but the course he has taken, before your Board and before Congress, has compelled me to act in self defense, by which I have given your Honorable Board much trouble, which I would have gladly avoided."
Mr. McCormick also said to the Board: "If my claim be made out as so far appears from the evidence presented, it will be observed (as I think) that nothing will be left of Mr. Hussey's claim to which he is entitled, and all the improvements he has added since his patent have, I believe, been taken from mine." Reference is no doubt had to the effect that Hussey, in some of his machines, used only a single drive wheel and balanced his machine thereon. He confessed that he never received profits from his first patent until after twelve years of study, and never should have realized anything from the invention but for later improvements, and he continues as follows: "If then it shall appear that I am the original inventor of all the leading and important principles of the invention, is it wrong that I should ask for reciprocal benefits for myself, who alone have brought them into being? Mr. Hussey's prior patent stood in Mr. McCormick's way, but its inventor raised no voice against the extension of McCormick's rights unless his prior rights became endangered. The honors due Mr. Hussey were not lessened by the Commissioner of Patents when treating of a competitive claimant to have invented the reaper.
Not McCormick's Inventions
Mr. McCormick took out a third patent in 1847 covering inventions shown by the statement of Leander and others to have been the invention of thefatherorsome one else. An application was made for the extension of this patent. It then became necessary that the applicant show that he had not reaped the benefits he believed himself entitled to through his monopoly for the term of the patent.
Neither Brilliant nor Extraordinary
The value of the second patent that of 1845, may be gathered from the words of the Commissioner of Patents: "The invention of 1845, considered in itself, and examined in presence of the reaping machine as then in successful operation, both in Europe and America, can scarcely be regarded as brilliant or in any degree extraordinary."
The Commissioner further said:
An Efficient Machine
"It was a conviction of the inefficiency of the machine that led the applicant to make his invention of 1847, which, by a modification of pre-existing elements, provided an advantageous location for the raker's seat. Upon this his fame as an inventor rests, and to this is his reaper indebted for the triumphs it has achieved. This seat had been previously known in at least nine patented reapers; but it had not been well placed, and an appropriate location for it was, up to 1847, an acknowledged desideratum. Whatever, however, may have been the value or the success of the reaper as improved in 1847, such value or success can exert no influence in determining the issue under discussion."
The Commissioner further said, referring to the 1847 patent:
McCormick's "Invention" Valueless
"Without the parts thus slowly accumulated and combined, and which have been so unhesitatingly appropriated by himself,his own invention would have been as valueless as would be a shingle to him who could find no house-top on which to nail it. The construction insisted on would compel the public to pay again, and pay extravagantly, for that which is already its own, alike by purchase and by long uninterrupted possession."
The authorities cited make it clear the Hussey reaper was successful, from the start, butthe Patent Office did not seem to think that the machine of his opponent for honors was so.
The Commissioner in his decision refers to the testimony of William S. McCormick, who, at that time, was a partner of Cyrus McCormick as a manufacturer and seller of the McCormick reaper:
A Worthless Machine
"As a farmer I used the reaper without a seat, before a good one was invented, and am perfectly certain that it was so nearly worthless that a machine without one could not be sold at any price that would pay in competition with one having a raker's seat; this is my experience from my intimate connection with the business for many years." (Commissioner's Decision, January 28, 1859.)
I further find:
McCormick Had to Pay for Hussey Improvements
"In the criticism which has been necessarily made upon the invention of 1845, there has been no design to detract from the acknowledged value and usefulness of the machine, as constructed under the patent of 1847. It has had its brilliant successes in England and France, but it has also had its marked discomfitures when competing with other machines. Though enjoying a great and perhaps a still expanding popularity, it is by no means a universal favorite."
The last words of the Commissioner are: "The application must therefore be rejected."
There were no questions raised as to the invention of Mr. Hussey.
Mr. Hussey Did Not Need the Improvements of Others
The statement that McCormick's success was founded upon the inventions of others and to no extent upon his own, as quoted from "Memorial of Robert McCormick," is in part admitted by Cyrus McCormick, who, in his affidavit when applying for the extension of his 1847 patent said: "He has, at the expense of much thought, time, and money, added many other important improvements to it since 1847, which have contributed to the profits of his manufacture." He then refers to other improvements, saying: Among such improvements by others as he has had to pay for, are the inventions of his brothers, of Obed Hussey, of Jonathan Reed, of Henry Green, of Solymon Bell and of Joseph Nesen. It is known that for nearly thirty years Obed Hussey manufactured and sold reaping machines and mowers in his limited way and,infringing no rights of others, had no royalties to pay. To such an extent was his mind that of an inventor, that he devoted thought to many side lines, the expense of which taxed his abilities until, when his patent of 1847 had but two years to run, he sold it for $200,000.00.
In the matter of this application of Eunice B. Hussey, Administratrix of Obed Hussey, deceased, for the extension of Reissued Letters Patent No. 449 for an improvement in Reaping Machines, dated the 14th day of April, 1857, being a division and re-issue of original Letters Patent No. 5227, dated the 7th day of August, 1847, for an improvement in Reaping machines.
Applications of Mr. Hussey's Widow for Patent Extension all Granted
Also, the application of the same party for the extension of the Reissued Letters Patent No. 451, for an improvement in Reaping Machines, dated the 14th day of April 1851, being a division and Reissue of Original Letters Patent No. 5227, dated the 7th day of August, 1847, for an improvement in Reaping Machines.
Also, the application of the same party for the extension of Reissued Letters Patent No. 742, for an improvement in Reaping Machines, dated the 21st day of June, 1859, being a division of Reissued Letters Patent No. 450, dated the 14th of April, 1857, being a division and Reissue of original Letters Patent No. 5227, dated the 7th day of August, 1847, for an improvement in Reaping Machines.
Also the application of the same party for the extension of Reissued Letters Patent No. 917, dated the 28th day of February, 1860, for an improvement in Reaping Machines, being a reissue of reissued Letters Patent No. 743, dated June 21, 1859, the last named Patent being a division and reissue of reissued Letters Patent No. 450, dated the 14th day of April, 1857, which last mentioned patent was a division and reissue of original Letters Patent No. 5227, dated the 7th of August, 1847, for an Improvement in Reaping Machines.
Claim of Opponents Overruled
These four applications for the extension of the said four patents, Nos. 449, 451, 742 and 917, having been made in due form on the 30th day of November, 1860, and the Commissioner of Patents having caused to be published in due and legal form, notice of said applications and of the time and place when and where the same would be considered. And the applicant, the administratrix and widow of the patentee, having duly furnished and filed statements in writing under oath of the ascertained value of the said inventions and improvements claimed in said patents, and of the receipts and expenditures of the patentee and his legal representatives sufficiently in detail to exhibit a true and faithful account of loss and profit in any manner accruing to the patentee and his legal representatives from and by reason of said inventions and patents. And the testimony in these four cases having been duly filed and considered and referred to the principal Examiner having charge of the class of inventions to which these belong, and the said Examiner having made a full report upon the said cases, and particularly that the inventions or improvements, secured by the said four patents, were new and patentable when patented. And the printed arguments in these cases having been duly filed and considered, and the day of hearing viz. the 28th day of Feb., 1861, arrived, undersigned, the Acting Commissioner of Patents, sitting at the time and place designated in the said published notice to hear and decide upon the evidence produced before him both for and against the extension, and having heard all persons who appeared to show cause why the extension should not be granted, does decide as follows,viz.:
That the applications for extension in these cases were made at a proper time, and not prematurely as the opponents have contended. The only ground alleged to support the allegation that the applications were premature is that the receipts for the year 1861 cannot be fully ascertained at this time, but must be estimated or guessed at. If this is a good reason for not considering the applications now it would also be good on the 7th of August when the patent expires, for the receipts would not then be ascertained, but would still be the subject of estimate only. These receipts can be as well determined by this mode now, as in August. The objection on this point is not therefore well taken, and must be overruled. An application for extension cannot be regarded as premature if made during the last year of the term of the patent, and the total receipts are known or can be estimated with reasonable certainty. In addition to this there seems to be no little force in the argument of Counsel that the public convenience would be promoted by an early decision upon these cases before manufacturers enter upon their preparations for another year's business.
Besides these considerations, which of themselves are sufficient to determine the propriety of hearing these cases at the present time, the late Commissioner of Patents fixed this time for these hearings with reference to the public interests therein, and is an additional reason why it should be adhered to, yet I should have no hesitation in postponing the hearing if it were made to appear that the public interest were likely in any way to be subserved by such postponement.
Value and Importance of Hussey Inventions Fully Established
The report of the Examiner leaves no doubt in my mind as to the novelty of each of the inventions which constitute the subject matter of the four patents for which the extensions are asked. His report is equally conclusive as to theutilityof the inventions, theirvalue and importanceto the public, and as to the patentee's diligence in introducing them into public use, and his efforts to derive remuneration from their sale.
From a careful examination of all these points myself, I have arrived at the same conclusion as the Examiner.
Opponents Contentions Not Proven by Facts
The Counsel, Wm. N. Whitely, the opponent of these extensions have urged with great pertinacity that the inventions are not novel. They allege that the same thing existed before in Hiram Moore's "Big Harvester" in Michigan—the Ambler Machine in New York—the Nicholson Machine in Maryland—and the White and Hoyle Machines in Ohio. They also contend that the invention claimed in Patent No. 451 especially, is of no utility or value. On a careful review of all these points with the light of the Argument of Counsel, I am quite clear that the Examiners conclusion as to the novelty and utility of Hussey's invention are sound. The Moore or "Big Harvester" cutting apparatus, the testimony shows was designated for the performance of a different duty from Hussey's and could not without essential changes of construction, amounting to changes in its principle and mode of operation, be used for the same purposes as that of Hussey.
The Ambler machine had a straight edge cutter vibrating on arms through barbed or open slotted fingers. His Cutting apparatus lacked an essential element found in Hussey's the scalloped cutter, to say nothing of other material differences. This machine has nothing to impeach the novelty of Hussey's inventions. The Nicholson Model has no vibrating scalloped cutter which is one of the specific elements of Hussey's combination. The White machine as shown in the exhibit produced and which the testimony shows has been recently fabricated is not substantially the same combination claimed in patent No. 742. It has not like Hussey's a cutter with flush edges on both sides of the angle of the forks on thesame sideof the blade. The Hoyle Machine, according to Hoyle's own deposition, is subsequent in date to Hussey's invention.
Utility of Hussey's Inventions
It is contended by the opponents that the patent No. 451 has no utility or value. I am inclined to the opinion that the utility of the improvement specified in this patent is, of itself, small, compared with the improvements covered by the other patents of Hussey now before me, which are all of very great utility, and two of them indispensable in the present state of the art. Still since the novelty of the improvement claimed in No. 451, is admitted and is proven by the testimony of Henry B. Renwick to have some utility as one of this series of patents, I think it has sufficient utility to justify an extension.
Mr. Hussey Did Not Abandon His Invention
The contestant's counsel have argued from the testimony of Lovegrove, that Hussey abandoned his inventions to the public by having them on sale more than two years before applying for a patent. The testimony does not sustain this point. Besides, an inventor does not abandon his invention to the public by constructing a machine embracing it, in the same factory where he makes and sells other machines. Nor by using it experimentally in such a factory or elsewheres. Nor by keeping it in such a factory from the autumn of one year to the harvest of the next year. Nor by doing all or any of these things more than two years before his application for a patent.
The statement of receipts and expenditures is unusually full and in detail, more so than is necessary to fulfill the requirements of the law.
There are two classes of expenditures and two corresponding classes of receipts,viz.:
1st. Expenditures and receipts on account of the manufacture and sale of Reapers and Mowing Machines embracing the patentee's improvements.
2nd. Expenditures and receipts on account of the sales of Patent rights and licenses, and compromise of infringements.
The receipts on account of the sale of these manufactures were:
The result of the manufacturing business is an excess of receipts over expenditures of $37,074.70. This statement, however, allows nothing for manufacturer's profits. An allowance for such profit ought to be made but in this case the object is to eliminate from the gross receipts such profits as have in any manner accrued from or by reason of the inventions claimed in the patents. Now receipts or profits that result from business talents or skill in manufacturing or in financeering are not receipts or profits in any manner accruing from or by reason of an invention. In the case of Seymour and Morgan vs. McCormick-Howards Reports Vol. 16 p. 480, the Supreme Court of the United States held that the ruling of Judge Nelson that the whole profits of the manufacture of Reaping machines in which one small part of the machines infringed a patent was to be considered as accruing from the use of the patented part was erroneous, and that a reasonable manufacturer's profit for the use of the Capital so, in addition to the actual cost of the machine must first be deducted from the gross receipts, and if then there was any excess, that might be assigned to patents. This decision I should deem binding and conclusive upon the subject even if I did not think that the values of business capital and talent are as fairly charges against the receipts of business as the values of a business house or tools.
An Inadequate Profit
In this case there is only an excess of $37,074.70 of the receipts over the expenditure or something less than 14 per cent upon the gross amount of sales. This is a very inadequate profit for manufacturing and selling, but it is all there is, and it is all that I can allow.
If the excess of the receipts over the expenditures had amounted to three times fourteen per cent, I should have had no hesitation in allowing the whole of it for manufacturer's profit, and should not have deemed it more than a reasonable allowance in view of the testimony of Long, which shows that his firm have made a profit of over fifty per cent after paying patent fees, on their manufacture of reapers.
It seems to be supposed from the reference which has been made to Commissioner Holt's decision in the case of McCormick's application for the extension of his patent of 1845, that he entertained views at variance with those I have expressed as to the justice of allowing manufacturer's profits as a part of the expenditure, and as an offset against the receipts, but a careful examination of that opinion will show clearly that Mr. Holt was not willing to allow a charge for the use of Capital, and for wear and tear of machines (which are the Constituent elements of a manufacturer's claim to allow for profit) and then, again allow a second or duplicate charge for the same things under the name of manufacturer's profits. This is the extent to which Mr. Holt goes, and I fully agree with him.
The expenditures on account of the patents and the sale of rights and licenses under the same are:
The receipts on the same account are:
showing that the receipts exceed the expenditures by $54,949.71 or $13,737.42 for each of the four patents.
This I can have no hesitation in pronouncing to be a totally inadequate compensation for inventions of such great value and importance.
After a most laborious examination and careful consideration of the whole matter, it appears to my full and entire satisfaction, having due regard to the public interest therein, that it is just and proper that the term of the said reissued patents No. 449, No. 451, No. 742, and No. 917 should severally be extended by reason of the patentee, without fault or neglect on his part, having failed to obtain from the use and sale of his said inventions a reasonable remuneration for the time, ingenuity and expense bestowed upon the same and the introduction thereof into use.
Hussey's Inventions the Basis of all Reaper Manufacturers Profits
The list of licenses under these patents show the acquiescence of the principal manufacturers in the justice of Hussey's claims. The list shows that the manufacturers of Reapers have made large profits, and that Hussey's improvements are the foundation of their success. It is certainly just and equitable that Hussey's heirs should be allowed to participate in the advantages of using his own inventions to an extent more nearly commensurate with the merits of those inventions.
A Merited Tribute from the U.S. Patent Office
The character of the opposition to these applications, in which but a single manufacturer has entered an appearance is such, as greatly strengthens this view, and I feel constrained to regard this tacit assent, of the great body of manufacturers to these applications for extension, an additional evidence of the soundness of my own conclusions. As it is also a fitting and merited tribute to Obed Hussey, now in his grave, for the invaluable contributions his genius and industry have made to the improvements of the age.
The said four patents, Nos. 449, 451, 742 and 917, are accordingly extended for the term of seven years from the 7th day of August, 1861.
S. T. SHUGERT,Acting Commissioner of Patents.United States Patent Office,Mar. 1, 1861.
And an Examination of the Claims for Priority of Invention
The object aimed at in this examination is to ascertain as far as reliable evidence within reach will establish the fact—and before the evidence may be lost—to whom belongs the credit of first rendering the Reaping and Mowing Machine a practical and available implement to the American farmer; not whotheoretically inventeda machine for the purpose, that may have worked an hour only, and very imperfectly for that short period, and was then laid aside; but who rendered it an operating and efficient machine that was proved by successive years in the harvest field, capable of doing its work, and doing it well; better than either the scythe or cradle.
The object isnotto detract from the merits fairly claimed by any inventor; but it is to examine into some of the rival claims, furnish the evidence that has satisfied our own minds, and leave it for others to judge for themselves. We would not intentionally deprive an inventor of his often dearly bought and hard-earned fame—the creation of his own genius—for it is more prized than even fine gold by many. But it is equally just that merit should be acknowledged, and the meed of praise awarded, where it is honestly and fairly due; and to this end we propose and intend to examine into the evidence closely and critically. It may also be right to remark that we have no private or pecuniary interest whatever, in these, or any other patent claims.
Attempts of the Ancients
As to the theoretical portion of the business, the enquiry might be greatly extended; indeed for past centuries, as we have imperfect accounts of Reaping Machines being used by the Romans. If the ancients were successful in making a practical implement for Reaping, by horse, or ox power, as some ancient writers assert, we certainly have no correct and reliable account of a machine that would be considered efficient or useful at the present day; a machine to save or tear off the heads only—as described by Pliny and Palladius—would more properly be termed a gathering machine, and not at all suited to the wants and habits of modern farmers.
Silver medal won by Mr. Hussey with the Reaper at New York in 1852
Silver medal won by Mr. Hussey with the Reaper at New York in 1852.
English Endeavors
It was not until near the close of the past, and within the present century, so far as we can learn, that the subject again claimed much attention of the inventive talent of either this, or foreign countries. Of some half a dozen or more attempts made in Great Britain, and recorded in Loudon's Encyclopedia of Agriculture, the Edinburg Encyclopedia, and other similar works, all, or nearly all, relied either upon scythes or cutters, with a rotary motion, or vibrating shears. And although there was "go ahead" about them in one sense of the term, as it was intended for the "cart to go before the horse," none of them appeared to have gained, or certainly not long retained, the confidence of the farmers; for at the exhibition of the "World's Fair in London," the whole Kingdom could not raise a Reaping Machine;—a practical implement which was considered worth using and exhibiting.
English Failure
That the idea was obsolete there, and had been unsuccessful, is clearly proved by the fact that the English journals and writers of that period, without a single exception, spoke of the American Reapers—after the trials!—as "completely successful"—"taking every one by surprise"—"their reaping machines have astonished our agriculturists"—"few subjects have created a greater sensation in the agricultural world than the recent introduction into the country of the reaping machines"—the "curiosity of the crowd was irrepressible to witness such a novelty, even to stopping the machine, and trampling the grain under foot," etc., etc.—Much more and similar evidence is at hand; butbetterneed not be produced to prove the entire failure of reaping machines in Great Britain, as late as 1851. We would also refer the curious to Rees' Cyclopedia, for a very brief account of what had been effected;—a few paragraphs only are written on reaping machines, but several pages are compiled as to the use of the scythe, sickle or reap hook, and reapingfork. The Doctor refers to Plunknett's Machine by name, as being "somewhat on a new principle, the horse drawing the machine instead of pushing it forward as was the old mode of applying the power." The machine is fully represented in the Farmers' Dictionary; and he winds up the account as follows: "But the success with which they have been attended has hitherto been far from complete;" again, "Other machines of this kind have still more lately been invented by other persons [meaning of course his own countrymen] but without answering the purpose in that full and complete manner which is necessary in this sort of work."
The Doctor undertakes to tell uswhat is wanted, but fails entirely to inform his readershow to do it. That John Bull had not done it is clearly established; but Brother Jonathan, the "Live Yankee," as John calls his cousin, has solved the problem; and the solution is so simple, when you know how to do it! that it is marvelously strange no one for centuries had before struck upon the right key.
Philip Pusey, Esq., M. P. and F. R. S.—the chief manager of the London Exhibition—admits the failure, though apparently reluctantly; but the source of his information, in writing about the American machines, was interested and defective; and when he again writes on this subject he will be better informed. He says: "At the opening of this century it was thought that a successful reaping machine had been invented, and a reward had been voted by Parliament to its author. The machine was employed here and abroad, but from its intricacy, fell into disuse. Another has been lately devised in one of our Colonies, which cuts off the heads of the corn, but leaves the straw standing, a fatal defect in an old settled country, where the growth of corn is forced by the application of dung. Our farmers may well, therefore, have been astonished by an American implement which not only reaped the wheat, but performed the work with the neatness and certainty of an old and perfect machine. Its novelty of action reminded one of seeing the first engine run on the Liverpool and Manchester railway in 1830. Its perfection depended on its being new only in England; but in America the result of repeated disappointments and untired perseverance, etc."
English Claims
We propose to prove, and by better evidence, and disinterested too, than he then had, that in 1833, near the date of "the first engine run on the Liverpool and Manchester railway in 1830," the American machine cut the "corn" just as perfectly, with equal "neatness and certainty" as did the "Novelty" or "Rocket" pass over the Liverpool and Manchester railway. We shall again recur to English authority. John Bull is a right honest and clever old gentleman in the main; but he is rather prone to claim what he has no title for—inventions, as well as territory. We are willing to give him what he can show a clear deed for, but no more. He beat us by one year only in the Locomotive; but we fairly beat him eighteen or twenty in the Reaping Machine; and yet some of his writers contend to this day that we "pirated" from Bell and other English inventors all we know!
English Inventors and Their Mistakes
The excitement and sensation thus produced by the American Reapers, caused renewed efforts on the part of English inventors; some who had near a quarter of a century previously, been endeavoring to effect this "great desideratum," to use an English editorial; and the most conspicuous of these was one invented by the Rev. Patrick Bell, of Scotland. Of the half a score or more and previous inventors in Great Britain—Boyce, Plunknett, Gladstone of Castle Douglass, Salmon of Waburn, Smith of Deanston in Perthshire, etc., etc.—none were waked up from their Rip Van Winkle slumbers; or if they were, the world is not advised of it. They all used revolving scythes, revolving cutters, or shears instead. Several trials were made with Bell's in 1828 or 1829; and a very full and minute description with plates, was published some 24 or 25 years ago, and may be found in Loudon's Encyclopedia of Agriculture.
It was, however, too complicated, too cumbersome and expensive, performed too little service, and required too much tinkering and repairs to be viewed as a practical and available implement.—The English farmer found the sickle or reap hook preferable, for it was everywhere resorted to.—The cutting apparatus of Bell's consisted of shears, one half stationary, the other vibrating, and turning on the bolt that confined them to the iron bar which extends across the front of the frame. The vibrating motion was given by connecting the back end of one shear to a bar—making the bolt the fulcrum—and which was attached to a crank, revolving by gear to the driving wheels.
Bell's Machine
A reel was used to gather the grain to the shears, and adjustable, back and forth, and higher or lower, to suit the height of the grain. A revolving apron delivered the grain in a continuous swath; and the team was attached to the rear of the machine,pushingit through the grain.
We have been more minute in the description of Bell's machine, because it may have been the foundation of some of the early, and nearly simultaneous attempts made in this country. In fact it does not admit of doubt that several were nearly identical with Bell's in the use of the shears and reel, though with much more simple gearing, and in the general arrangement. Whether they were original inventions, cannot be ascertained. In this country, from 1800 to 1833 out of some 15 or 20 patents granted for "cutting grain" and "cutting grass," only four appear to have been "restored"; i.e. technically speaking, "not restored" in models and drawings after the burning of the Patent Office in 1836. Many, if not most of them, were probably improvements in the grain cradle, and mowing scythe; though the names are preserved, there is no record to show for what particulars the patents were granted. There can be no doubt, however, that the inventors considered them valueless, as they were "not restored," though Congress voted large sums to replace the burnt models and drawings, without any expense to the parties. Of those restored James Ten Eyck's patent is dated 1825, Wm. Manning's in 1831, Wm. & Thos. Schnebly's in 1833, and Obed Hussey's also in 1833.
James Ten Eyck used an open reel; not only to gather the grain, but his cutters or shears, were attached to, and revolved with the reel;—very much, if not exactly on the principle of shearing cloth.
William Manning used another form of cutters, and quite different from James Ten Eyck's—he likewise used fingers or teeth to support the grain during the action of the horizontal cutters.
William and Thomas Schnebly of Maryland also used the reel, with shears as cutters, very similar to Bell's.
Abraham Randall, or Rundell, of New York (for the name is spelled both ways), was another of the early inventors. His patent of 1835 is not restored, though it is stated his machine was experimented with as early as 1833 or 1834. He also used the reel, and his cutters, it is said, were similar to Bell's—using shears.
None Successful
T. D. Burrall, of New York, was also one of the early inventors, about 1832 or 1833, but we believe professedly after Bell's, so far as to use a reel and shears.
Hussey's Machine an American Triumph
None of these machines, however, Hussey's excepted, were successful, or were used any length of time; nor is it necessary here to refer particularly to other attempts, about this time, or indeed prior to this period, for they were equally unsuccessful; and their inventors cannot claim the merit of doing a thing, that was not in fact performed—making an efficient and successful Reaper. We may here remark, however, that so far as now known, no machine like Bell's, on the shear or scissor principle, has succeeded in this country; or as we believe, is ever likely to succeed. We have seen a number by different inventors, and all have failed to give satisfaction. They may work well for a very brief period and with keen edges; but as they become dull, the shears are forced apart by the straw and grass—particularly the latter, and the machine fails, as it inevitably must do, in its allotted duty, and for very obvious reasons. If the shear rivet or bolt is kept tight there is too much friction; if loose enough to play freely it is too loose to cut well; and, lastly, it is too liable to wear at the most important point of the whole machine. During the harvest of 1853 in England every effort was made to uphold Bell's machine; in some cases prizes were awarded to it, though evidently partial; for in the face of these awards some who witnessed the trials, and had used Bell's machines, laid them aside and purchased Hussey's. At the close of the season, as we learn from reliable authority, even the engineers who operated Bell's, frankly admitted that the American machine as exhibited by Hussey, was the better implement, owing to the arrangement of the guards and knives; Bell's required so much tinkering, that several machines were required to cope with one of Hussey's. At the recent harvest (1854) the Mark Lane Express acknowledges that the Royal Agricultural Societies' show at Lincoln, Bell's machine was "at last fairly beaten" by Hussey's, including McCormick's, and Hussey's machine received the prize over all others. It is just, however, to add, that far as we consider Bell's machine behind some of the present day, yet complex and cumbersome as it was, it combined more of the essential features of success than any Reaper that preceded it.
Bronze medal won by Mr. Hussey with the Reaper at New York in 1853
Bronze medal won by Mr. Hussey with the Reaper at New York in 1853.
We now come to 1833, the date of Hussey's patent; and to 1834, the date of C. H. McCormick's first patent. These were known and admitted by all to have been the rivals for popular favor and patronage, from about the year 1844 or 1845 to the opening of the great Industrial Exhibition in London, in 1851. To these, therefore, the enquiry will be more particularly directed.
We must, however, refer back for a brief period to 1831; for although C. H. McCormick's first patent was dated in 1834, yet when he applied for his extension in 1848 he alleged thathis inventionwas prior to Hussey's, as he had invented a machine in 1831, two years before the date of O. Hussey's, and three years before the date of his own patent. The evidence producedwritten and preparedby C. H. McCormick and now on file in the Patent Office) was deemed inadmissible and informal by the Board, and it refused to go on with the examination either as to priority or validity of invention without notice to Hussey—his patent being called in question by McCormick—to be present when the depositions were taken.
McCormick's Attempt to Get Hussey's Signature
Before, however, receiving the official notice, he was called on by C. H. McCormick in Baltimore, and requested to sign a paper, agreeing or admitting, that the testimony he had himself prepared should be considered evidence—i.e. considered formal; alleging that it would save him trouble and expense in going to Virginia. This was declined by Hussey on the ground that he might thus unwittingly injure himself; he having previously applied for an extension of his own Patent. Neither was he then aware of the nature of this evidence; or until this interview, was he advised of C. H. McCormick's application for extension.
Hussey was subsequently duly notified by order of the Board to be present at taking the depositions in Augusta County, Virginia,—the Board having adjourned three weeks for that purpose.
Either just previous or subsequent to these proceedings the case was referred by the Commissioner of Patents, or Board of Extensions, to Dr. Page, one of the Examiners of the office.
His report is as follows: