p5 ^ V ^^ rr^ c^' '^^•^^ .,% O .-^;>^.-^N V h.^<>^ Q . \°\^<^'^ :yiiA^%^o^ ■ :gg^^"^i ^*L ^^^ ^- i> O, .^ ^' o r «? >>, *^ ^ 'v7.0 A .^ ^- ex '/ ^!T^^V^ ^^'^^i'^V ^^^ "^^c ..^ < ^ Ci ^K7 %.,^ ^>^^<^ ^..# :>^^^'^^''= ^^ "<>.S. '<> ^^ -I: ' :; ^ "^ A<^^ ^ ''' : . -> ^ ^^^ ritn(>nlcr in slcnni, had a boat nearly rciuly at Ww lime ol' Fulton's oxp(uiin(inl, wliich soon followed the (■[(Minoiil in(o the water. As Fulton had already a nio- ui)])()ly ol' the Hudson, Stevens took his vessel by sea into the Delaware, where it became a passenger boat. However much is due to Fulton, it is but an act of justice to say, that next to him Stevens has rendered more important service in perfecting the models of steamboats, and increasing their spiHMl, than any olUvr person, eitlier at home or abroad, con- nected witii early stean\ navigation. We have h(M'etol\)re had occasion to remark that Fulton's niiiul was clivi(l(>d helween his torpedo scheme, and that of steamboat navigation, in the latter of which we have followed him until fairly alloat, and a})parently in full tide of success- ful op(!ration. JJut during all the excitement attendant on the superintendence of his steamboat, he never, for an instant, lost sight of llu> lor[)ecIo \vlu)se development the critical })o- sition of our maritime allairs seemed highly to favor. " The condition of the navy maybe said to have been nega- tive at the period of whieh we are now writing, for while all who relleeted seriously on the subject, felt the necessity of greatly increasing this branch of national defence, nothing clhcient was attempted, or apparently contemplated. Ships of the line, without which it would be impossible to prevent any of evcMi the secondary maritime states of FiUroj>e from blockading the ports of this country, were now scarcely nuMi- tioned, and the materials that had been collected for that object in ISOO, were rapidly disappearing for the purposes of repairs and re-consliiu-tion. it is indeed, dillieult to imagine a j)olicy as short sighleil and li'ehie, as (hat ])ursued by congress at C U N 1) I T I N V T 11 K N A V Y. 211 this particular jimcturc. With political relations that wore never tree IVtini the appearances of hoslililies, a trade that covered all Ihe seas of (he Uiiown world, :iiul an e\peri(MH'(> lliat was replel(! with lessons on (lu^ lUM-essily of repcllinL;' outr;i<;'es by force, this great interest was trealcnl with a ne- glect thai approached latuity. To add to this oversight, and to increase Ihe desponilency of the service as well as of all those whose views extended to the Inrllier nec(>ssi(ies of th(> country, the government ap[)ears to have adopted, in con- nexion with the defence of the harbors, b;iys and sounds of the coast, a plan that was singularly a(la|il(M! to bi-eaUing down the high toiu^ that (he navy hail accpiircd in its riH'ent e\|)eri- encc. This [)lan, which has [)een generally known as the " gun boat policy," originated as far back as the year ISO!}, (hough it did not beconu^ of sulliciiMit moment to be particu- larly uolic(Ml until the time at wirudi w'c ha,v(> now arrived in the regular order of evcMits. " An (nent soon occurred that not only stimulated Ibis policy, but which iiuluced (lie govciiinu'nl (o resort (o n(>w nu-asiu'es to prot(ict the coun(ry, sonu; of which were as (pu'slionable as they were novel. A few shij)s had been kept in (he iVled- iterrancan, as stated, and it is worthy of being noted, that, with a coujnierce (hat in 1S07 employed 1,200,000 tons of sliip|iiiig, (his was the only foreign station on wliicli an American cruiser was ever seen ! Neither was therc^ any ])roper honu^ squadron, iu)twithstatuling the constant com- plaints that were made of the wrongs inllicted by tli(! I'lnglisli and French cruisers, particularly tin; former, at the; very mouths of the harbors of the country." * * Coopor's Naval Iliatory, vol. 2, p. 8. 212 FULTON. [1807. While the navy was in the condition above described, the frigate Chesapeake was ordered to be put in commission, in order to relieve the flag ship Constitution, on the Mediterra- nean station, under the command of Commodore James Bar- ron, who was ordered to the command of the squadron, and Captain Charles Gordon, master commandant. About May, 1807, while she was lying at the navy yard at Washington, the government were notified by the English minister, that three men who had deserted from the ship Mclampus, had enlisted as a part of the Chesapeake's crew, and a demand was made for their restoration. Captain Gordon instituted an enquiry into the matter, under an order to that effect, from the navy department, which resulted in eliciting the fact that the three seamen claimed by the British govern- ment were actually deserters, but that they claimed to have been impressed Americans, who had seized the first oppor- tunity to escape. These facts were represented to the Eng- lish minister, who seemed satisfied with the report. On the 22d of June, the Chesapeake left Hampton Roads, bearing the broad pennant of Commodore Barron. On the after- noon of tlie same day the Leopard, a small two decker, mounting 5Q guns, which had just joined the English squad- ron, and had preceded the Chesapeake in her passage to sea, wore round when about one mile to the windward, and bore down upon her weather quarter, when she informed the Ches- apeake that she had despatches for the Commodore. Both vessels came to, and a boat from the Leopard, with an officer on board, boarded the Chesapeake. ^The British officer bore a requisition from Vice-Admiral Berkley, requiring the com- tEt. 43.] ATTACK ON THE CHESAPEAKE. 213 mander of the Chesapeake to allow a search to be made for deserters, to which Commodore Barron gave a negative reply. On the return of the Leopard's boat with the American commander's reply, a shot was fired from the Leopard ahead of the Chesapeake, which was immediately followed by an entire broadside. The Chesapeake not anticipating such a result, was entirely unprepared, and bore the fire of the Leopard for twelve or fifteen minutes without being able to return a single shot. Her colors were then lowered, and a shot was fired from her at the moment. The three men who had deserted from the Mclampus, and one from the Halifax, were re-captured and carried to the Leopard. This attack on the Chesapeake, while it created a universal feeling of indignation, clearly demonstrated the inefficiency of the government to protect itself from insults and injury, even within sight of its very harbors. Fulton proposed to remedy this deficiency by means of his torpedoes, and proposed to the government personally to superintend the protection of its entire line of coast, if it would accept of his services. Others had not the same confidence in his means of defence as himself, and whilst the executive branch of the public ser- vice expressed a willingness to give his torpedoes a fair trijil, we do not find that they entered into any calculations of de- fence, projected by either department, although the gun boats proved equally futile and unworthy of confidence. In order to inspire the public confidence, Fulton in August, 1807, announced that he would blow up the hulk of a large brig in the harbor of New York. This announcement drew together a large crowd of spectators, who waited for several hours after the time appointed for the explosion to take place, 214 FULTON. [1808. in momentary expectation of its occurrence, and were at last beginning slowly to disperse, when a dense column of water, flame and fragments, attended with a loud explosion, an- nounced the success of his experiment. " The brig was an- chored, the torpedoes prepared and put into the water in the manner before described (in the case of the Dorothea;) the tide drove them under the brig near her keel, but in conse- quence of the locks turning downwards, the powder fell out of the pans, and they both missed fire. This discovery of an error in the manner of fixing locks to a torpedo had been cor- rected. On the second attempt the torpedo missed the brig, the explosion took place about one hundred yards from her, and threw up a column of water ten feet in diameter, sixty or seventy feet high. On the third attempt, she was blown up ; the effect and result were much the same as that of the Doro- thea before described." In the early part of 1808, he had two additional steamboats, whose building he had superintended the previous year, ready to be placed on their lines. The Raritan was intended to navigate the Raritan river, and the Car of Neptune, the Hud- son. Both of these vessels Avere built at the yard of Charles Bj'own, at New York, and the latter was considerabl}' larger than the two heretofore built, having a tonnage of 295 tons, and was of the following dimensions : length, 175 feet, depth, 8 feet, and width, 24 feet. Her engine had 4 foot 4 inches stroke, and her water Avheel was 16 foot in diameter, with 2 foot 4 inches dip of paddle. The Raritan was of 120 tons burden. Whilst at Washington during the autumn of 1808, he pre- pared the specifications for his first application for a patent for " new and useful improvements in steamboats." The schedule i^T. 43.] SPECIFICATIONS OF PATENT. 215 that accompanies this application is dated January 1st, 1809, at Kalorama, the exceedingly picturesque and beautiful resi- dence of his friend Barlow, situated on the undulating shore of Rock Creek, in the immediate vicinage of Washington, and thus details his " discoveries, inventions and imjDrovements on steamboats :" "To obtain the power for driving the boat, I make use of Messrs. Bolton & Watt's steam engine, but instead of a beam above the cylinder, I have a triangular cast iron beam on each side of it, and near the bottom of the boat the base of the tri- angle is seven feet long; in the centre of the base, a perpen- dicular is raised three feet six inches high, which is the vertex of the triangle ; the two triangles are fixed on one strong iron shaft, so that they play together. On the top of the piston rod there is a tee piece or strong iron bar which moves in guides at each side of the cylinder ; from each end of the tee piece, and passing down by the sides of the cylinder, is a strong bar of forged iron, called a shackle, which is connected by a shackle pin to the end of the beam, thus the end of the beam moves through a curve in a perpendicular direction, and its vertex moves through a curve in a horizontal direction ; the other end of the triangle is cast with a weight of iron suf- ficient to balance the weight of the piston, and all the weight on the opposite side of the fulcrum, or centre of the base line. From the vertex of each triangle, a shackle, from six to eight feet long, is connected with a crank which is fixed on each side of the propeller wheels ; close to each crank is a cast iron wheel about four feet six inches diameter, each driving a pinion two feet three inches diameter; these two pinions are on one shaft, in the centre of which is a fly wheel 216 FULTON. [1808. ten feet diameter ; tlie movement for the air pump is taken from the base line of the beam, and twenty-one inches from the fulcrum. The condensing water comes through the sides or bottom of the boat by a pipe, which enters the condenser, and is regulated by a cock or valve. The hot well, the for- cing pump, to replenish the boiler, the steam gauge, the safety valve, the float in the boiler, to regulate the quantity of wa- ter, the plug tree and hand gear, &c., are so familiar to all persons acquainted with the steam engine, and may be ar- ranged in such a variety of ways, as not to require a descrip- tion. I prefer a propelling wheel or wheels, to take the pur- chase on the water ; they may be from eight to twenty feet diameter, and divided into any number of equal parts, from three to twenty ; each wheel may have from three to twenty propellers, but a wheel or wheels from twelve to fifteen feet diameter each, with from eight to twelve propellers, will be found to apply to the engine to great advantage. Hitherto I have placed a propelling wheel on each side of the boat, with a wheel guard or frame outside of each of them for pro- tection. A propelling wheel or wheels, may however, be placed behind the boat, or in the centre, between the con- necting boats. To give room for the machinery, passengers, or merchandise, I build my boats five or more times as long as their extreme breadth at the water line. The extreme breadth may be one-third from her bow, or in the middle, in which case the water line will form two equal segments of a circle united at the ends. To diminish the plus and minus pressure, I make the bow and stern sharped to angles of at least ()0 degrees, and that the boat may draw as little water as possible, I build it flat, or nearly so, on the bottom. Having ^T. 45.] TORPEDO SCHEME. 217 mentioned the essential component parts of a steamboat, and its mechanism, its successful construction and velocity will depend, First, — On an accurate knowledge of her total resistance, while running one, two, three, four, five or six miles an hour, in still water. Second, — On a knowledge of the diameter of the cylinder, strength of the steam, and velocity of the piston, to over- come the resistance of a given boat while running one two, three, four, five or six miles an hour, in still water. Third, — On a knowledge of the square feet or inches which each propeller should have, and the velocity it should run to drive a given boat one, two, three, four, five or six miles an hour through still water. It is a knowledge of these propor- tions and velocities, which is the most important part of my discovery, on the improvement of steamboats." Immediately after filing these specifications with the gov- ernment, he "had the pleasure of exhibiting at Kalorama, to Mr. Jefferson, Mr. Madison, and a party of gentleman from the Senate and House of Representatives, some experiments and details on torpedo defence and attack."* The party invited by Barlow to witness these experiments, and partake of his hospitality, appeared to be so favorably impressed, that Fulton was induced to present, in the form of a pamphlet with five engravings, a description of his system, to the President and congress. This pamphlet was issued during the same year, but no definitive action appears to have been taken on the subject before the 26th of February, 1810, when Mr. Bradley, from a select committee of the Senate, * Fulton's use of the Torpedo. 28 218 FULTON. [1810. appointed to inquire into the expediency of employing the tor- pedo, made a report recommending the appropriation of a small sum of money to be placed at the disposal of the Secre- tary of the Navy, "to enable him to ascertain with precision, how far it might be expedient" to employ it. This committee, in their report, remark that " if it can be demonstrated by actual experiments, that the theory is susceptible of sure practical operation, it certainly will merit the attention of every government who at present does not exercise, or does not hereafter expect to exercise, an undue influence over the seas," manifesting a disposition to do full justice to Fulton, and at the same time to avail themselves of any merit the torpedo might be found to possess. On the 30th of March, 1810, an act was passed, placing five thousand dollars at the disposal of the Secretary of the Navy, to "test the practical use of the torpedo." The Secretary of the Navy appointed a committee for the most part of Fulton's personal friends, to be present at the ex- periments intended to be made by him in the harbor of New York. Commodore Rogers, and Captain Chauncey, of the Navy, were likewise " requested to attend the experiments, and conduct the defence against the torpedo." The letters notifying the members of the committee of their appointment, were dated May, 4th, 1810, but the experiments did not take place until the 21st of September, and were continued to the 1st of November, 1810. The following extract from Commodore Rogers's Journal, which was presented to the House df Representatives, Feb- ruary 14th, 1811, as a part of the proceedings in the case, details the results of the experiments : ^T. 45.] COMMODORE ROGERS'S JOURNAL. 219 " September 21, 1810. — At eleven o'clock in the forenoon, Captain Chauncey, of the Navy, and myself, accompanied by Colonel Wharton, according to appointment, met at the city hotel, Broadway, Mr. Fulton and a committee appointed by the Honorable Paul Hamilton, Secretary of the Navy, con- sisting of Chancellor Livingston, Governor Lewis, C. D. Col- den, Esq., Mr. Garnett, Doctor Kemp, and Colonel J. Wil- liams, (Mr. Oliver Wolcott, late Secretary of the Treasur}^, a member, being absent,) to investigate and report their opinions of the principles, as well as to demonstrate^ by such experi- ments as Mr. Fulton might advise, the efficacy of (as engines of national offensive and defensive war,) certain sub-marine pro- jects published by him, under the title of the " Torpedo War," which he had proposed to congress as being well calculated to supersede the necessity of a navy. And to enable the projector to prove by actual experiment the efficiency of his •scheme, a law was passed in February, 1810, appropriating five thousand dollars to the purpose. The committee all being present, with the exception of Mr. Wolcott, at noon Mr. Ful- ton opened the subject by placing a torpedo lock on the table ; and after some preliminary observations relative to the pro- gress and improvements in various arts and sciences, he quoted a few paragraphs from his book, entitled " Torpedo War," to enable him to explain more forcibly the affinity of his preceding remarks to the subject then before the com- mittee. He expressed a desire that I would have the frigate President transported from the North river (w^here she was then lying) to the East river, contiguous to the navy yard, for the purpose of making an experiment. I asked Mi Fulton if the experiments could not as well be made on the North river. 220 FULTON [1810. and observed, that the President was undergoing some repairs in her rigging, preparing to paint, &c.; consequently she could not conveniently be removed. He observed that he preferred the East river, on account of its contiguity to the navy yard ; as at the yard, he would (previous to the experiments,) be aiForded with the means of making the necessary arrange- ments with his machinery, as well as with the boats and men, which might be required. " The United States brig Argus was, at this time lying in the East river, near the navy yard, which enabled me to offer her for his accommodation ; which he having accepted, the com- mittee (with the exception of Mr. Wolcott, an absent mem- ber, and with the concurrence of Mr. Fulton,) unanimously resolved that the experiments should accordingly be com- menced on the 24th instant, with blank torpedoes, on the United States brig Argus ; and that such defence should be made by her as a vessel of war was capable of, without the use of her guns, or any other active force of similar kind. " The time and mode of experimenting being now determined on, Mr. Fulton placed a torpedo on the table, and observed that it was the kind with which he should commence his es- says on the Argus. " This kind of torpedo, it will be observed, is intended to be applied to a vessel's bottom, from the bowsprit of a torpedo boat, by the aid of a long pole, suspended by a swivel on the end of the bowsprit, so nearly on a balance that a man in the bow of the boat can elevate or depress the torpedo with his right hand, and at the same time fire it, by pulling a line which he holds in his left. " Mr. Fulton having fully explained the principles of the be- ^Et. 45.] TORPEDO EXPERIMENTS. 221 fore described torpedo, the committee adjourned to meet on the 24th instant, for the purpose of commencing the experi- ments, as had been previously resolved. " September 22. — On this day, Mr. Fulton, (having pre- viously prepared a torpedo boat) had various torpedoes and apparatus transported to the navy yard, for the purpose of essaying with on the Argus, consisting of five different kinds, as also a combination of various different machines, viz : a hook, chisel and gun, intended for the purpose of cutting off cables under water. " September 24th. — On this day, with the advice of Captain Chauncey, I gave Lieutenant Lawrence (commander of the Argus) directions to prepare his vessel in a manner to prevent the application of torpedoes under her bottom, and which he accordingly did, with nothing more than simply her own spare studding-sail booms, nine fire grapnels, a few j^egs of kentledge, and the President's splinter net. " After the Argus was thus prepared for the experiments, several thousands of the citizens of New York assembled at Corlear's Hook, (opposite the navy yard) for the purpose of witnessing the result of Mr. Fulton's operations on her; but the weather proving somewhat unfavorable, and the com- mittee, in consequence, having sent to notify that they would not attend on this day, a boat was despatched to inform the people collected there that no experiments would be made before the next day. " It now appearing that Mr. Fulton had given up the inten- tion of experimenting on the Argus, I mentioned to the com- mittee that she was then under sailing orders, and that if Mr. Fulton did not intend to make any essays on her, I would 222 FULTON. [1810. order her to prepare for sea, and which I should have done, had he not at the time, expressed a desire that she might be detained a few days longer, as it was probable (as he said) that he might, in a very short time, be prepared to make some experiments on her. " The committee now adjourned to meet on the 28lh instant. "Mr. Fulton now having expressed doubts whether the preparations made on the Argus could be effected with any reasonable degree of facility, the committee proposed that she should be got under weigh, and that the preparations then made on her should be displaced, which being done, that she should be brought to an anchor again, and the same prepara- tions re-placed, in order to prove the facility with which such an operation could be performed. This proposal Avas accordingly assented to ; but the rudder of the Argus being at the linu^ on shore, and under repair, the performance was necessarily postponed, to take place on the 1st of October, on North river. " October 1st. — Owing to calm weather during the two pre- ceding days, the Argus was not removed into the North river, as had been determined on the 28th ultimo ; the committee, however, not thinking it then necessary that she should be removed for the purpose of performing the experiments which at their last nu^ctiug, had been resolved on, agreed that they should be made where she then lay, in East river, and which was accordingly complied with, Avhen to the astonishment of those who had entertained any doubts of the facility with Note.— It will be ivcolUvtoil tluit IMr. Fulton addiv.^srd a lottor to the members of Congress, wlio voteil in fjivor ol' the torpedo bill, dated April 15th, ISIO, in which he assured thcni that nets, booms, &c., instead of ob- structing', would facilitate his operations. ^T. 46.] REPORT OF COMMITTEE. 223 which a vessel could be so prepared after she had been dis- mantled of such preparations, the same were seen re-placed in less than fifteen minutes. "Mr. Fulton, having now candidly acknowledged, (and that too, in a manner much to his credit,) that his want of nautical information had led him into many errors ; at the same time, all parties wishing to see the project thoroughly tested, the committee adjourned to meet on the 29th instant, in order that he might be atlbrded suflicient time to make experiments on the improvements which he had suggested, as being necessary to the perfecting of his torpedoes, and the manner of applying them. Therefore, all that has yet been proved relative to this description of torpedoes, I consider in amount as nothing, when compared with the object for which it was constructed, and even if it was capable of being made as perfect as the projector has described in his book, entitled " Torpedo War," (but which I utterly deny) it can never be of any important consequence, as by the aid of a very simple piece of ma- chinery, in form like the back-bone of a fish, (and which would naturally suggest itself as a preventive) its effect may, without the question of a doubt, be rendered harmless." The majority of the committee, among whom was his inti- mate friend and future biographer. Golden, made a report on the 22d of January, 1811, to th(^ Secretary of the Navy, like- wise submitted to the House, which says : " It seems to be generally admitted, that a ship may be de- stroyed by sub-marine explosions, but whether Mr. Fulton's system can be rendered practically useful, must, as we con- ceive, depend on future discoveries and improvements. The only opinion which we venture, at this time, to express with 224 FULTON. [1811. any degree of confidence, is that this system is at present too imperfectly demonstrated to justify the government in relying on it as a means of publie dcfenc(\" Mr. I'^illoii addressed a letter from Kalorama, on the first of February, ISll, to the Secretary of the Navy, as a re- joinder to CViinmodore Rogers's Journal, and thus terminated, and forever, the connexion of the government with the torpedo. It must he admitted that no invention ever had a fairer or more iiii[);irl!al trinl than that of the torpedo. Three separate governmei\ts had at dillerent times, made aj)j)roj)riations of money to test its value, and had referred it to committees of distinguished men, who were disposed to award a full meed of nnu'lt to th(> inviMitor; l)(>sides, it was manifestly the in- terest, as we have already seen, of the American government that it siiould succeed, yet, after the repeated trials afforded to it, as in the case of the American commission, aided by the warmest ties of personal friendshi]), it w'as unequivocally condemned. Fulton obtained a second patent for liis inventions iii steam- boats, on the 9th of February, 1811. Accompanying the ap- j)licatioii lor this patent, he ])reseiiled a seheduk' drawn up with great care, including the claim contained in his former ojie, and additional matter, inserted with a view to enable him successfully to enter into that litigation which an innova- tion already eoiumeneed on his rights, seemed to deniaud of him. The first A)rmidal)Ie o])j)osition was that of a company, who sought til propel their boats by a pendulum movement, but liiidiiig this iusuliieieiil, they resorted to steam, making sueli slight alterations in Fulton's nu)de as barely to escape an in- .Ex. 49.] INJUNCTION GRANTED, 225 fringement of the letter, altl.Dugh they retained the spirit of his designs. For tlie purjiose of arresting this opposition, Livingston and Fulton found it necessary to make an appeal to tlie Clian- cellor, to grant an injunction against the company, who were represented in (his suit under the ai)pelhilion of Van Ingen and others. The ChauceHor, after nuicli cUdiberation, refused to grant tlie injunction. From this decision of the Chancellor, an appeal was taken in the winter of 1S12, t.i the Court of lOrrors, composed of (he mend)ers of the State Senate, and the live judges of tlie Su- preme Court. The defence set up in opposition to Fulton, was that the laws granting and securijig this exclusive right, were unconstitutioiuil : 1st. J3ecause they interfered witli the powers of Congress to regulate patents. 2d. Because they interfered with the regulations of com- merce. The opinion of Judges Yeates and Thompson, and Chief Justice Kent, which are very able and lucid legal documents, all coincided in reversing the decree of the Cliancellor, which the court proceeded unanimously to do, and granted the in- junction demanded. This was but the beginning of a series of law suits, which among his other multitudinous occui)ations, pressed upon him, and conti.iued to prove a source of harassnient and perplexity up to the last moment of his life. As an exaniiiiation of these would lead mucli more into detail than it is our purpose to enter, we shall dismiss them, as possessing minor interest for the general reader. 29 226 FULTON. [1814. Early in the year of 1814, he exhibited to a committee of the most influential citizens of New York, a plan for a steam frigate, armed with a strong battery, and supplied with fur- naces for red-hot shot. As to the practicability of his plans, Commodores Decatur and Perry, and Captains Evans, Biddle, Warrington and Lewis, after a careful examination, did not entertain a doubt. Fortified by such high authority, this committee, who were denominated the coast and harbor de- fence committee, feeling great alarm at the exposed situation of the harbor of New York, with the ships of the most pow- erful navy in the world hovering over it in a hostile attitude, addressed an urgent appeal to congress, praying that imme- diate means might be taken to construct a frigate according to Mr. Fulton's plan, and under his superintendence. Con- gress responded to the memorialists, by passing a law in March, 1814, appropriating money under the direction of the President, for the building and armament of one or more of the frigates asked for by the New York committee. Fulton, without whose great skill in such matters, the com- mittee believed the frigate could not be built, was selected to superintend its construction, under the advice of a committee composed of General Dearborn, Col. Henry Rutgers, Oliver Wolcott, Dr. Samuel L. Mitchell and Thomas Morris. The keel of this vessel was laid on the 20th of June, 1814, and such was the zeal with which it was prosecuted, that notwith- standing the strict blockade maintained by the enemy of the harbor, and the consequent difficulty in obtaining the mate- rials necessary for its construction, it was passed from the stocks into the water on the 29th of the following October, JEt. bO.] ILLNE SS — DEATH. 227 amid a vast concourse of spectators, who had assembled to witness the launch. In February of the following year, (1815,) Fulton visited Trenton, the capital of New Jersey, as a witness, on the pe- tition of John R. Livingston, to the Legislature, to rescind a law previously passed, which prevented a steamboat owned by him from making her accustomed trips between New York and New Jersey. Whilst at Trenton, his attendance on the legislature, and exposure to exceedingly inclement weather, induced a cold, which a natural predisposition rendered more susceptible, by two recent attacks of a similar character, soon fixed upon the lungs. An anxiety to return to his family and the multitu- dinous occupations that engrossed his thoughts, induced him to set out for New York at a time when prudence dictated a careful confinement to his apartment, and a rigid observance of medical regimen. On reaching Paulus Hook, the Hudson was found partly closed with ice, and a detention of some hours occurred in procuring a boat to cross the river, which Fulton spent in visiting the works of Brown & Co., and examining the boats which were undergoing repairs preparatory to their use the following season. After reaching that part of the river which was frozen over, he left the boat in company with his friends, John R. Livingston, Sampson and Emmet, to cross over the ice on foot. They had not proceeded far before Mr. Emmet fell through the ice, and was placed in a situation of great peril. Fulton in attempting his rescue became quite wet, and when he reached his house, his cold had increased to such an extent he was scarcely able to articulate 228 FULTON. Confinement to his bed for two or three days, so moderated the intensity of the symptoms under which he was laboring, that he ventured to visit the Paulus Hook works, to inspect the steam frigate, about which he was particularly anxious. This unfortunate visit lighted up anew all the symptoms of the disease with an increased violence, which conjoined to the debility occasioned by his recent prostration, foiled all the skill of his medical advisers, and rapidly terminated in death. The distinguished Dr. Hosack, who was called to render his aid late in the disease, says : " A renewal of the in- flammation of his lungs took place, followed by a large and copious expectoration, pai'tly purulent and in part san- guineous; partial relief was obtained, and some faint pros- pect of recovery appeared, but about six days before his death, the inflammation transferred itself from the windpipe and lungs to the external parts of the neck and lower jaw ; a tumor took place, apparentl}"^ of the right parotid gland, ex- hibiting the circumscribed appearance of mumps, but it soon diflused itself, involving all the integuments extending from that gland to the clavicle, in a high degree of erysipelatous inflammation. " All the usual applications Avere resorted to for the purpose of allaying this tumor and inflammation, but without success; his breathing became more oppressed, and his powers rapidly declined: — at that period, between eleven and twelve o'clock, of the night of the 2'2d of February, T was requested to visit him in consultation. " Upon entering the room, he immediately extended to- w^ards me his hand, thereby manifesting the yet undisturbed state of his intellect, although he was then nearly deprived of CLAIMS ON MANKIND. 229 the power of speech. Upon approaching his bedside, I at once perceived his situation to be hopeless — the feeble state of his pulse, — the hurried and labored respirations, — his livid and anxious countenance — all announced his approaching dis- solution, and that nothing could be added to what had already been done by his medical friends then in attendance. The morning of the succeeding day closed his important life." In the narration of the facts connected with steam navitra- tion we have impartially given, we have pretty clearly demonstrated that Fulton was not entitled to credit as the in- ventor of steam, or of its application to the purposes of navi- gation ; that even in the apparatus which he made use of, there was nothing strikingly peculiar, or new ; and that in com- mon with others of a similar character of mind, in dilfcrent parts of the world, he was engaged in solving a problem, wliose ultimate result was declared by more than one indubitable evidence. Credit is therefore not due to him for any of these things, but for the patient, persevering, and enduring energy, which enabled him to prosecute, under the most ad- verse and disheartening circumstances, his favorite pursuit until it resulted in the complete triumph of ihe practical ap- plication of steam to the ordinary purposes of navigation. What influence this prnciical application of steam to navi- gation, has already produced, or what in the rapid develop- ments which a few years have brought to light, it is hereafter destined to produce on the fate of the human family, it is hardly safe to calculate. It has already converted the soli- tary Mississippi and its tributaries into busy peopled thorough- fares, crowded with life, and bearing upon their bosoms the products of twenty degrees of latitude ; it has claimed the 230 FULTON. Atlantic as its element ; melted the frosts of Cape Horn ; waked the wilds of the Pacific ocean with its sonorous echoes, and brought the different nations of the earth in such close proximity as to compel them to feel the necessity of livins: in one common brotherhood. • CHIEF JUSTICE MARSHALL The greater part of those who have filled important places among their fellow men, have evinced no small degree of anx- iety to have the record of their life transmitted to posterity, with as much of praise and as little of censure as the nature of the subject would allow. Chief Justice Marshall, in this re- spect, differed from most other men, for although fully con- scious of the possession of a high order of intellectual attain- ments, he neither sought occasion to display them, nor courted the admiration of those with whom he was associated. His whole life was spent in endeavoring to attain to a high order of excellence, yet not so much on account of the good opinion of mankind, as from an overweening desire to dis- charge to the uttermost the obligations imposed upon him by a sense of duty. These once discharged, he was willing to allow his reputation and reward to rest upon the act, without the garniture of praise to set it off, and hence he was indif- ferent to the collection of those materials necessary to prepare a minute and exact biography. Nor have his immediate descendants evinced a greater de- sire to rescue from oblivion the familiar incidents of his life ; and the materials composing his biography, are for the most part, collected from collateral sources, and not from the hearth- stone, around which they would naturally be supposed to cluster. 232 MARSHALL The progenitors of Chief Justice Marshall, were from Wales. His grand-father, John Marshall, emigrated to Amer- ica about the year 1730, and settled in Westmoreland county, Virginia, where he married, and pursued the occupation of a planter. He had four sons and five daughters, of whom Thomas, the father of the Chief Justice, was the eldest, and inherited the patrimonial estate, said to have been of trifling value. He did not reside upon it, but changed his place of abode to Fauquair county, while yet young, and married Miss Mary Keith, a connexion of the family of Randolphs, then of great distinction, and a lady of excellent accomplishments and superior mind. John INIarshall, the eldest of fifteen children by this mar- riage, and the subject of this sketch, was born on the 24th of September, 1755. His boyhood, up to the age of fourteen, was passed on his father's plantation. His means of obtaining an education were exceedingly scanty, and this task necessa- rily devolved upon his father. He was fortunate in a parent, who although not originally possessed of a good education, had, by dint of close applica- tion, overcome the deficiences in some degree, of early youth, and maintained a respectable position among his acquaintances as a man of good sense, and some reading. As a practical surveyor, he had acquired a knowledge of mathematics and astronomy, and from taste was much inclined to general liter- ature and poetry. Young Marshall, under this tutorage, ob- tained the rudiments of his education, and acquired a fond- ness for poetical reading. Before the age of twelve he had made himself familiar with the writings of Shakspeare, Mil- ton, and many of the other classic English poets, and had MEANS OF EDUCATION. 233 transcribed Pope's Essay on Man, much of which he quoted from memory. These were not conned over as tasks, but eagerly sought as sources of intense gratification, inspired by a deep sensibility and an enthusiastic and vigorous mind, aided by the enthusiasm of youth, and the delightful associa- tions of the dreamy, yet rugged landscape by which he was surrounded. At fourteen years of age, he was placed under the charge of Mr. Campbell, a clergyman, to be taught the Latin lan- guage. He remained with this gentleman but one year, during which he made fair progress in liis studies. Among his class-mates at this school, was President Monroe. After his return to Oakhill, he received one year's additional in- struction in Latin, from a Scottish clergj'man, named Thomp- son, who resided in his father's family, which with the edu- cation he had received from his parents, constituted the en- tire amount of instruction it was in liis power to obtain. With this slender instruction in Latin he was lel't to his own unaided resources, yet with no other assistance than that afforded by his books, he not only finished reading Horace and Livy, which ha had but just commenced, but made considerable progress in the attainment of a general knowledge of the Latin tongue, although his education in this particular was neither critical nor deep. The literature of his own tongue, in the attainment of whicli he was aided by the instruction and conversation of his father, became his favorite object of study, and moulded his mind into an attachment for its higher specimens, which continued through life. From early boyhood, he was passionately attached to ath- 30 234 MARSHALL letic exercises, and when not employed with his studies, spent his time in the open air, engaged in the excitement of field sports, or indulging in solitary musings amid the wild and fascinating scenery of his mountain home. The private history of Marshall, like that of almost every other personage of distinction, of the era in which he lived, was fashioned, in a great degree, by the stirring events that environed him. The year 1764, was remarkable for the gloom it cast over the North American colonies, and its conse- quences upon their future destiny. In the spring of that year, the English Parliament passed resolutions to levy a stamp duty, which were communicated by their agent to the Virginia House of Burgesses, who appointed a special com- mittee to prepare a remonstrance to parliament, and an ad- dress to the king. The resolutions reported expressed in strong terms the grounds on which the colonies claimed an exemption from taxation, and represented the act as burden- some and oppressive ; but the stunning effect at first produced upon the inhabitants of the colonies by this high-handed at- tempt to strip them of their liberties, and render them mere vassals to the British crown, was so overpowering as to ren- der their action indecisive and suppliant, rather than bold and determined. The Virginia resolutions, as they passed the house, partook of the former character, and in a tone of great condescension, portrayed the depressed financial condition of the colony, and the suffering the act would in all likelihood produce. The remonstrance was narrowed down to a most humble petition, and by the fear of the assembly, was like Franklin's article under the hands of the publisher of the Public Advertiser, "deprived of its teeth and claws." PATRICK HENRY. 235 In the January of the following year, the passage of the stamp act, notwithstanding the appeals of the colonists, so far from arousing them to resistance, seemed to wither their last feeble hope and led them to look to submission under their injustice, as the only means left for them to pursue. Few were bold enough to harbor the thought of open resistance, and fewer still had the hardihood to express such a sentiment. Most persons looked to a change of policy in the home gov- ernment as the only means of escape from the tyranny of this act, and although this hope was uncertain, it presented the only one to lighten the gloomy prospect before them. A prospect darkened by the destruction of their constitution and the most sacred safeguards of their liberty. At this eventful moment Patrick Henry, fresh from his back woods home, clad in home-spun apparel, with an un- couth pronunciation and unpolished manners, appeared in the House of Burgesses as the champion for exemption from tax- ation, and by means of his wonderful powers as a statesman, and his majestic and masterly eloquence, succeeded in rein- spiring the drooping hearts of his countrymen, and rousing them to an energy of action which never flagged until the complete overthrow of the power which had attempted to op- press them, had been accomplished. He introduced a series of resolutions, five in number, animadverting upon the stamp act, which, after a stormy debate, in which he was oppo- sed by all the able leaders in the house, were passed by a single vote. "By these resolutions," says Jefferson, "and his manner sf upporting them, Mr. Henry took the lead out of the hands J those who had, theretofore, guided the proceedings of the 236 MARSHALL. house, that is to say, of Pendleton, Wythe, Bland, and Ran- dolph." "It was indeed," adds Wirt, "the measure which raised him to the zenith of his glory. He had never before had a subject which entirely matched his genius, and was capable of drawing out the great powers of his mind. It was re- marked of him throughout his life, that his talents never failed to rise with the occasion, and in proportion with the re- sistance which he had to encounter. The nicet}'^ of the vote on his last resolution proves that this was not a time to hold in reserve any part of his forces. It was indeed, an Alpine passage, under circumstances even more unpropitious than those of Hannibal ; for he had to fight not only hand to hand, the powerful party who were already in possession of the heights, but at the same instant to cheer and animate the timid band of followers, that were trembling and fainting, and drawing back below him. It was an occasion that called upon him to put fortii all his strength, and he did i)ut it forth in such a manner as man never did before. The cords of argu- ment, with which his adversaries frequently flattered them- selves that they had bound him fast, became pack-threads in his hands. He burst them with as much ease as the unshorn Samson did the bands of the Philistines. He seized the pil- lars of the temple, shook them terribly, and seemed to threaten his opponents with ruin. It was an incessant storm of light- ning and thunder which struck tiiem aghast. The faint-hearted gathered courage from his countenance, and cowards became heroes while they gazed upon his exploits. " It was in the midst of this magnificent debate, while he was descanting on the tyranny of this obnoxious act, that he OPPOSITION TO THE STAMP ACT. 237 exclaiified in a voice of thunder, and with the look of a god, ' Ccesar had his Brutus — Charles the First his Cromwell — and George the Third' — (' Treason,' cried the Speaker — trea- son ! echoed from every part of the house. It was one of those trying moments which is decisive of character. Henry faltered not for an instant, but rising to a loftier attitude, and fixing on the Speaker an eye of the most determined fire, he finished his sentence with the firmest emphasis) — ' may profit by their example. If this be treason, make the most of it.'" Patrick Henry left town the same evening on which he had delivered this speech, and the vote by which the fifth and strongest resolution was passed, was re-considered and negatived on the following day. The effect however of the resolution continued, and the torch which had been lighted by Henry continued to burn with a brighter and brighter flame, until before the close of the year it lighted up the whole continent, and men grown less timid, began to express themselves in a more open manner, of the injustice and the means of redress. At the time when these resolutions were passed in the Virginia House of Burgesses, Marshall was en- tering upon his tenth year, and as the fire kindled by them was never permitted to subside on the colonial side of the revolution, he did little more than to partake of the spirit of the age in becoming a zealous advocate for maintaining the liberty of the colonies at the expense of a war which the ministry seemed blindly determined on bringing about. Actuated by such sentiments, and fully alive to the im- portance of military defences, he had barely attained his eighteenth year before he associated himself with a volunteer 238 MARSHALL. [1775. corps, for the purpose of acquiring that knowledge in arms which Washington had some }''ears before declared no one should hesitate to use in defence of so valuable a blessing as their liberty. The battle of Lexington which took place on the 19th of April, 1775, put an end to all hopes of a peaceful termination to their troubles, and roused the colonies to a de- termination to resist with their lives, the oppressive burdens attempted to be laid upon them. " However trivial this af- fair may hav'^e been in itself," remarks Marshall, "it was in its consequences of the utmost importance. It was the com- mencement of a long and obstinate war, and it had no incon- siderable influence on that war, by increasing the confidence which the Americans felt in themselves, and encouraging op- position by the hope of its being successful. It supported the opinion which had been taken up with some degree of doubt, that courage and patriotism were ample substitutes for any deficiency in the knowledge of tactics, and that their skill as marksmen, gave them a great superiority over their ad- versaries." When the news of this battle reached Virginia, Marshall, then a youth of nineteen, and acting as a lieutenant to a vol- unteer company, met his men for the purpose of mustering them, in the absence of the captain, about ten miles from his father's house, which journey he performed on foot. On this occasion his tall and slender form was set otY by a light blue hunting shirt, with pantaloons of tlie same color, fringed with a white trimming. He wore rather jauntily, a round black hat, surmounted by a buck's tail, which partly shaded a face of dark complexion, marked bj^ great good humor, and a more than ordinary degree of intelligence. His black hair, which /Ex. 19.] MINUTE BATTALION. 239 fell ingreat profusion over his shoulders, and his dark, pene- trating eye, lit up with a sprightly animation, served to com- plete a figure indicative rather of agility than strength, in which however, he was far from being deficient. He carried in his hand a gun, whose breech he planted on the ground, as his comrades, who were much attached to him, gathered round, to learn the particulars of the Lexington affair, of which they had heard many rumors without being able to as- certain any thing very positive, as no one within the compass of many miles around was fortunate enough to take a news- paper. After having satisfied their curiosity, he exercised them in a variety of military evolutions, and finally dismissed them with the observation, that if they wished further information about the battle of Lexington, he would tell them what he knew about it. The company gathered in a circle about him, while he narrated in a graphic manner the events connected with the battle, and terminated a speech of an hour's length, with the description of a plan for forming a Minute Battalion, he said he intended to join, and expected many of his comrades who then heard him, would likewise. He then challenged one of his companions to a game of quoits, and the day was closed with this and other athletic exercises. He was shortly after appointed tlie lieutenant of a company in the Minute Battalion, formed of the militia, who agreed to encamp for a certain number of days at specified seasons, in order to accustom themselves to the use of arms and military discipline, so as to be ready to march at any time to the de- fence of the colony at a minute's notice. The services of this battalion were soon called into requisition by the preda- 240 MARSHALL. [1775. tory warfare kept up by Lord Dunniore, and a small force of regulars under his command from the shipping, to which they had retreated in the harbor of Norfolk. The inhabitants being unable to resist their annoying attacks, sought the as- sistance of the upland troops, who speedily marched to their relief. " Hearing of their approach, Lord Dunmore took a very judicious position on the north side of Elizabeth river, at the great bridge, where it was necessary for the provincials to cross in order to reach Norfolk, at which place he had es- tablished himself in some force. Here he erected a small fort on a piece of firm ground, surrounded by a marsh, which was only accessible on either side by a long causeway. The American troops took post within cannon shot of the enemy, in a small village at the south end of the causeway, across which, just at its termination, they constructed a breastwork, but being without artillery, were unable to make any attempt upon the fort. " In this position both parties continued for a few days, when Lord Dunmore, participating probably in that contempt for the Americans, which had been so freel}^ expressed in the House of Commons, ordered Captain Fordyce, the commanding ollicer at the great bridge, though inferior in numbers, to storm the works of the provincials. Between daybreak and sun- rise, this otficer at the head of about sixty grenadiers of the fourteenth regiment, who led the column of the enemy, ad- vanced on the causeway, with fixed bayonets against the breastwork. The alarm was immediately given, and as is the practice with raw troops, the bravest of the Americans rushed to the works, where, unmindful of order, the}^ kept up a tre- mendous fire on the front of the British column. Captain ^T. 19.] BATTLE OF NORFOLK. 241 Ford^'ce, though roceived so warmly in front, and takon in flank, by a small body of nieu who wore collected by Colonel Stevens, of the Minute Battalion, and posted on an eminence something more than one hundred yards to the left, marched up under this terrible fire witli great intrepidity, until he fell dead within a few steps of the breast work. The column im- mediately broke, but the British troops being covered in their retreat by the artillery of the fort, were not pursued. In this ill judged attack, every grenadier is said to have been killed or wounded, while the Americans did not lose a single man."* INIarshall was present, and shared the fatigues and honors of this battle. It is needless to say, that these victories ob- tained at the outset of this struggle, however inconsiderable in themselves, inspired the raw soldiery of the colonies with great confidence in their own powers, and led the way to those more formidable deeds of valor recorded in the history of this unnatural but eventful warfare. In the following year he received the appointment of lieu- tenant in the eleventh regiment of continental troops, and was shortly after promoted to the rank of captain. In this character he was present at the battle of Germantown — was one of the ill fed and suftering band, who were exposed to the rigors of a severe winter in the memorable campaign of Valley Forge — fought under Washington and La Fayette at the battles of Brandywine and Monmouth — was one of the cover- ing party at the siege of Stoney Point, and officiated in the same capacity at the retreat of Major Lee, after the brilliant afiair at Pawle's Hook. While there remained a need for his services, he freely and fearlessly bestowed them upon his country, but when 31 *lVIarshaH. 242 MARSHALL. [1779. this exigency passed away, he gladly sought the opportunity to return to more quiet and congenial pursuits. In the winter of 1779, he retired to Virginia, with a number of other super- numerary officers, whose services were not at the moment re- quired, and taking advantage of this interval, attended the law lectures given by Chancellor Wythe, at William and Mary's College, and soon after qualified to practice law, to which profession he was much attached. He had become a soldier from a high and imperious sense of duty — he turned his attention to the law from choice. Indeed, during his military campaigns, his legal services as a judge advocate, were frequently called into requisition, in which position he was brought into contact in the most favorable manner, with Washington, Hamilton, La Fayette, and the other distin- guished leaders of the American army. Marshall's great reasoning powers soon placed him in a very elevated position, at a bar composed of some of the ablest speakers of the day, while his personal popularity threw open to him the door of political preferment. He was elected to the State Legislature in the spring of 1782, and chosen during the same year, one of the Executive Council, and removed his residence to Richmond, where he married ]\Iiss Ambler, a daughter of the Treasurer of Virginia. The duties of his profession had now become so arduous as to induce him to resign his place in the Executive Council to devote himself exclusively to it. During the three succeed- ing years, he was returned to the legislature, first from the county of Farquair, a greater compliment from the circum- stance that he had ceased to reside there for several years, and second, from Richmond. In this body, among whose iEx. 22.] DANGERS OF THE UNION. 243 members at that period, were the chaste and graceful Richard Henry Lee, the gifted Tazewell, the logical and cautious Mad- ison, the accomjilished AVythe, the eloquent Edmund Ran- dolj)h, and the erratic, but mighty orator Patrick Henry, Mar- shall maintained an elevated position as a close reasoner and eloquent speaker. The country had now thrown off the shackles of Great Britain, and after a long and harassing warfare of eight years' continuance, succeeded in maintaining their independence at home, and obtaining its acknowledgment by treaties with France, Holland, Prussia, Spain, and England herself. But the quiet of peace had no sooner succeeded the desolating tumult of war, than new and distracting questions arose, which seemed to threaten an anarchy more terrible than the war from which it had so fortunately emerged. The thirteen States had with considerable reluctance, en- tered into a confederation for mutual defence against a com- mon enemy, but no sooner had this enemy been defeated, than their jealousy in regard to the powers of this confedera- tion returned with renewed acrimony. They had been too long the sufferers of an arbitrary power not to be jealous of so disposing of it as to lead to the remotest probability of its ever being exercised over them again. The delegated powers granted by the sovereign States were so confined as to render the acts of the confederation almost nugatory, and yet they were watched over by the legislatures of the States with a jealousy which seemed to apprehend the most direful conse- quences from their use. " A government depending upon thirteen distinct sovereignties for the preservation of the public faith, could not be rescued from ignominy and contempt but 244 MARSHALL. [1787. by finding those sovereignties administered by men exempt from the passions incident to human nature." The immediate consequences upon this state of things, were the destruction of public credit, disregard of private contracts, prostration of commerce, suspension of industrial pursuits, and a g^eneral stao-uation in all kinds of business. What little money remained in the country was subject to a perpetual drain, to supplj' those manufactures of which the people stood in need and had nothing to give in return, while those brave veterans who had served to the great injury of their private affairs through the whole period of the war, and " whose blood and bravery had defended the liberties of their country," were left at its termination without pay or occupation, to drag out their days in a wretched poverty, or miserably perish for want of that justice which the confederation was too feeble to grant. The country soon became divided between those Avho de- sired to put an end to these difficulties by granting an efficient power to redress them in the general government, and those who sought to retain that power with the States. On the side of those who desired a strong general government, was Wash- ington, who did not believe the United States could long " exist as a nation, without lodging somewhere a power which would pervade the whole union in as energetic a manner as the authority of the State governments extended over the several States;" and by his side was Marshall, who declares that he " had grown up at a time when the love of the Union, and the resistance to the claims of Great Britain were the in- separable inmates of the same bosom ; when patriotism and a strons: fellow feelins with our sufferin": fellow-citizens of Bos- jEt. 31.] ADOPTION OF THE CONSTITUTION. 245 ton, were identical; when the maxim — united we stand, di- vided we fall — was the maxim of every orthodox American." "And," he continues, "I had imbibed these sentiments so thoroughly that they constituted a part of my being. I car- ried them with me into the army, where I found myself asso- ciated with brave men, risking life and every thing valuable, in a common cause, believed by all to be most precious ; and where I was confirmed in the habit of considering America as my country, and Congress as my government." When this question came up for discussion in the Assembly of Virginia, it is hardly necessary to say, that Marshall was found on the side of those who sought to extend the powers of the general government so as to bestow upon it a greater efficiency. While Washington was the acknowledged leader of this party in the country, Madison was its able cham- pion in the Assembly. With a modesty equal to his great- ness, Marshall was content to follow this able statesman, and second his endeavors to the best of his ability. As the powers of the confederation grew weaker and weaker, as its influence was day by day waning, and the respect for it proportionably diminishing, and its feeble and spasmodic struggles plainly betokened its approaching and inevitable dis- solution, those who believed they saw in the union of the States, the only safeguard for the perpetuation of their newly acquired freedom, with an effort worthy of the cause, united to call a convention to form a Constitution to govern the States. The confederation, which had been feeble in its ac- tion, and uncertain in its duration, was the result of a neces- sity which had now ceased to exist, and not a matter of de- liberate choice. " Like many other human institutions," says 246 MARSHALL. [1787. Marshall, " it was productive neither in war nor in peace, of all the benefits which its sanguine advocates had expected. Had peace been made before any agreement for a permanent union was formed, it is far from being improbable that the dif- ferent parts might have fallen asunder, and a dismemberment have taken place. If the confederation really preserved the idea of union until the good sense of the nation adopted a more efficient system, this service alone entitles that instru- ment to the respectful recollection of the American people, and its framers to their gratitude." Tlie convention assembled under this call, met at Philadel- l)hla, and after several weeks of stormy debate, agreed upon the present Constitution of the United States, and placed it before the people for their adoption or rejection. This was a new phase brought into the political arena, and as all the members of the convention were not as cautious as Franklin in expressing their opinion of its demerits, the party opposed to it were armed with arguments which if not of the real im- portance they attached to them, were so plausible as to cause men to ponder deeply before giving their assent to a measure which might make all their previous struggles and privations worse than useless to themselves, and their posterity. Nor indeed, can those who have witnessed the growth and prosperity of the United States, under the benign influences of this revered safeguard of liberty, form any just estimate of the trying circumstances in which their forefathers were placed at this eventful moment — a moment of the most breathless anxiety and portentious forebodings — a moment on which the future destiny of the North American Republic seemed to depend — a moment in which one false step would ^T. 31.] VIRGINIA DEBATES. 247 have led the way to a despotism more terrible than tliat from which they had just been freed. At a time like this, the convention of which Marshall was chosen a member, met to discuss this subject. The State of Virginia, from her high position in the confederacy, the de- votion she had evinced in the struggles of the Revolution, and the acknowledged ability of her gifted and eloquent statesmen, was looked upon as the State whose vote would, in a great measure, determine the action of the other States in the adoption or rejection of this instrument. The parties for ind against it were untiring in their exertions to elect can- didates of their own particular mode of thinking, and when the convention had assembled, it was found that its most able and prominent members occupied different ranks, and were prepared to debate, sentence by sentence, the momentous document before them. The selection of Marshall as a mem- ber of this convention, furnishes one of the strongest com- mentaries that can be given, of the estimation in which he was held by those among whom he lived. The majority in his district were decidedly opposed to the adoption of the Constitution, yet no sooner did he announce himself as a can- didate for a seat in the convention, than his personal friends rallied around him in such numbers as to give hira a large majority of the votes, although his sentiments were known to be unequivocally in favor of the adojition of the instrument they were to assemble to discuss. " Few assemblies," remarks the accomplished Justice Story, " have ever been convened under circumstances of a more solemn and imposing responsibility. It was understood that the vote of Virginia would have a principal, and perhaps 248 MARSHALL. [1788. decisive influence upon several other States ; and for some weeks the question of the adoption of the Constitution hung suspended upon the deliberations of that body. On one side were enlisted the powerful influence of Grayson, the strong and searching sense of George Mason, and the passionate and captivating eloquence of Patrick Henry. On the other side were the persuasive talents of George Nichols, the animated flow of Governor Randolph, the grave and sententious sagacity of Pendleton, the masculine logic of Marshall, and the con- summate skill and various knowledge of Madison. Day after day, during the period of twenty-five days, the debate was continued with unabated ardor, and obstinate perseverance." This convention, exhibiting a display of forensic ability seldom equalled by any deliberative body, opened its session at Richmond on the 2d day of June, 1788, by electing Mr. Pendleton as President. The debate was opened by Nichols, who was followed by Patrick Henry, as the leader of the op- position, in a speech marked by those wonderful powers of eloquence with whicli he was wont on great occasions to over- power the judgment of liis liearers, and bind them as captives to his cause. There was something so fearfully impressive in the slow and measured tone in which he urged his objections to the Constitution, and so ominous in the deep and earnest manner in which he requested them to pause ere a step was taken which might plunge the country in misery, and destroy the bright hopes of the republic, that those whose minds were fixed as friends of the Constitution, began to waver, and it required all the eloquence and great reasoning powers of Mad- ison, Randolph, Pendleton, Wythe, Henry Lee, and others, ^T. 32.] VIRGINIA DEBATES. 249 to withstand the magical effect of his passionate declamation, and secure a small majority in favor of its adoption. During these debates, Marshall, with a modesty peculiarly characteristic of the man, shrunk from assuming a forward position in a debate he was admirably calculated to sustain, and contented himself with following and sustaining his great leader, James Madison. " But on three great occasions, namely, the debates on the power of taxation, the power over the militia, and the power of the judiciary, Mr. Marshall gave free scope to his genius, and argued with a most commanding ability. We can trace, even through the dim lights reflected in the printed speeches, many of those sagacious and states- manlike views, which have characterised his subsequent life. We see there the germs of those great constitutional princi- ples, which he has since so largely contributed to establish, and which, if any thing can, will give immortality to this great instrument of our national liberties." * It has been alleged that the strenuous support given by Marshall to the Constitution, sprung from a conscientious be- lief of the inability of an enlightened people to govern them- selves without a strong form of government, to keep in check the turbulence of human passion. This opinion is not sustained by his reported speeches on this memorable occasion. " I conceive," says Marshall, in his reply to Patrick Henry "that the object of the discussion now before us, is whether de- mocracy or despotism be most eligible. Those who framed the system submitted to our investigation, and those who now support it, intend the establishment and security of the former. The friends of the Constitution claim the title of being firm * North American Review, vol. xxvi, p. 12. 32 250 MARSHALL. [1788. friends of liberty and the rights of mankind. They consider it the best means of protecting liberty. We sir, idolize de- mocracy. Those who oppose it have bestowed eulogiums on monarchy. We prefer this system to any monarchy, because «ve are convinced that it has a greater tendency to secure our liberty and promote our hapj^iness. We admire it because we think it a well regulated democracy." When the labors of the convention were terminated by the adoption of the Constitution, Marshall determined to relin- quish politics and devote himself exclusively to his profession, lO which his own inclination as well as the demands of an increasing family, naturally led him. The earnest appeals of his friends, however, soon induced him to forego this prudent resolution, and enter anew the political arena. He was ac- cordingly elected to the Legislature in 1788, and became the leading champion of the national administration in that body, against one of the most formidable and uncompromising oppo- sitions it ever had to encounter. After servins; in the Legis- lature for four consecutive years, he returned to private life, and soon became engaged in most of the important cases be- fore the legal tribunals of Virginia. " On the seventh of March," says Marshall, " the treaty of amity, commerce, and navigation between the United States and Great Britain, which had been signed by Lord Grenville and Mr. Jay, on the 19th of the preceding November, was re- ceived at the office of State.* " From his arrival in London, on the 15th of June, Mr. Jay had been assiduously and unremittingly employed on the ar- duous duties of his mission. By a deportment respectful, yet firm, mingling a decent deference for the government to iEr. 32.] MR. JAY'S TREATY. 251 which he was deputed, with a proper regard for the dignity of his own, this minister avoided these little asperities which frequently embarrass measures of great concern, and smoothed the way to the adoption of those which were suggested by the real interests of both nations. Many and intricate were the points to be discussed. On some of them an agreement was found to be impracticable, but at length, a treaty was concluded which Mr. Jay declared to be best that was attain- able, and which he believed it for the interests of the United States to accept. Indeed, it was scarcely possible to contem- plate the evidences of extreme exasperation which were given in America, and the nature of the differences which subsisted between the two countries, without feeling a con- viction that war was inevitable, should this attempt to adjust these differences prove unsuccessful. " On Monday, the eighth of June, the day on which the Vice President and members of the Senate had been sum- moned to attend, a quorum of that body convened in the Sen- ate chamber, and the treaty, with the documents connected with it, were submitted to their consideration, that they might ' in their wisdom, decide whether they would advise and con- sent that it should be made.' " On the twenty-fourth of June, after bestowing on the treaty the minute and laborious investigation, to which the magnitude and intricacy of the subject gave it such preten- sions, the Senate by precisely a constitutional majority, ad- vised and consented to its conditional ratification." This treaty became a subject of the most exciting discus- sion, and as soon as it was known that it would be recom- mended by the Executive to the Senate for its adoption, pub- 252 MARSHALL. [1792. lit- inootino;s were called, and oilier evidences of public dis- I'livor iTuuiilVsted to jirevent its execution. In 1795, Mar- shall was again electeil to tiie Legishitur(\ he at the same tin\e determined to sustain it, slutuld it be brought up for discussion from another (piarter. Its opponents took an early opportunity to introilnce it, and urged among other reasons of less weight, its want of consti- tutionality, and the dangerous ])o\ver it bestowed uimn the President, and a small part oi' the Senate, ov(M- the fate of the entire I\e})nblic. These arguments were urged with great ability and nuich show oi' reason, especially by those who fron\ the begiiuiing, were fearful oi' concentrating any useful pt)\ver in the hands oi' the gtMieral g\)vernment, lest it might in time sap the foinulations of that liberty they had obtained at so great a sacrifice. They considered this as one of the first and most formidable encroachments upon their privileges, and plainly saw through the assumptiiMi of so much power, the glitter of a regal diadtMu, and the odious appendages oi' a hated monarchy. Accustomed as we are at this day. io look upon Washing- ton as tar removed froui any of that suspicion which attaches iEr. 3().] DEFENCE OK THE ADMINISTRATION. 253 to tho motives of most men, we can hanlly ri>;iIi/o the stormy scones throu}:;li which liis administration passed, or compre- hend the assanlts made upon it by its opponents. This op- position, and it was one founded in tlit> tull belief of the evil tenihMiey of many of its measurers, was parlieularly aimed against those which orij^inated with tlie Secretary oC the Treasury, always dillicult to rei2;ulate, and especially so at the commencement of file o|)cralions of a new government. " Throug-liout the United States," remarks INIarsliall, '' the party opposed to the Constitution hjul charged its advocatea with a desire to establish a nuMiarchy on the ruins of r(>pub- lican government ; and the Conslilution itscll" was alleged to contain priii(i[)lt\s which would [irovc tim truth of this charge. The leaders of that jnirty had therel'ore been ready from the instant the governnu^it canu^ into o|)eration, to discover in all its measures, those monarchial liMidencies which they had perciMved iu the inslruiiu'iit they o|)posed. "The salaries allowed to j)ul)lie ollicers, though so low as not to afford a decent maintenance to those who resided at the seat of government, were declared to be so enormously high as clearly to manifest a total disrt>gard of that .simplicity and economy which were characteristic of republics. The levees of the rresiilciit, and the evening parties of Mrs. Washington, were said to be iiiiitalions of regal institutions, designed to accustom the American peo])le to the pomp and manners of European courts." The speech in which Marshall sustained the constitution- ality of the treaty making power, and the conduct of the President and his cal)inet, is rejireseuted as one of the ablest displays he ever made of his great intellectual powers, and 254 MARSHALL. [1797. so powerful were his arguments, so clear and logical his con- clusions, and so convincing his facts and demonstrations, that his triumph was complete. He had now acquired a distinguished reputation as an emi- nent member of the Virginia bar, and while his great learning and professional ability placed him in so elevated a position, his affectionate disposition, gentleness of nature, and simple and unostentatious manner, made him a favorite with all classes and political castes of his fellow citizens. The debates in which he had participated in the convention appointed to give its assent or dissent to the Constitution, and the active part he had since taken in defending the measures of the ad- ministration under it, led him to examine that instrument in all its varied and intricate relations, with the most minute and careful scrutiny, so that even at this period of his life, he took his position at the head of constitutional lawyers. No one was more capable of appreciating his eminent legal abilities than Washington, who pressed upon him with much earnestness the post of Attorney General of the United States, which he declined, from a regard to the wants of his numerous and increasing family, requiring his close application to his jDrofession at home, now a source of considerable profit, as well as honor. For the same reason, he declined to accept the position of Minister to France, offered to him by Wash- ington, upon the recall of Mr. Monroe. Upon the refusal of the French Directory to receive Mr. Pinckney, of South Carolina, as an accredited minister from this government, Mr. Adams, who had just succeeded Wash- ington in the presidential chair, determined to conciliate that government, if possible, and sent an extraordinary mission. ^T. 41.] MINISTER TO FRANCE. 255 composed of General Pinckney, Mr. Marshall, and Mr. Gerry. The posture of affairs appeared to be so critical, and the ap- peals of his friends were so urgent, that Marshall was induced to change the determination he had formed, not to accept public employment, and with great reluctance undertook the mission. Mr. Jefferson, in regard to this negotiation, in his journal says : " March 2d, 1797. — I arrived at Philadelphia to qualify as Vice President, and called instantly on Mr. Adams, who lodged at Francis's, in Fourth street. The next morning he returned my visit at Mr. Madison's, where I lodged. He found me alone in my room, and shutting the door himself, he said he was glad to find me alone, for that he wished a free conversation with me. He entered immediately on an expla- nation of the situation of our affairs with France, and the danger of rupture with that nation — a rupture which would convulse the attachments of this country ; that he was im- pressed with the necessity of an immediate mission to the Directory ; that it would have been the first wish of his heart to have got me to go there, but that he supposed it was out of the question, as it did not seem justifiable for him to send away the person destined to take his place in case of accident to himself, nor decent to remove from competition one who was a rival in the public favor. That he had therefore con- cluded to send a mission, which, by its dignity, should satisfy France, and by its selection from the three great divisions of the continent, should satisfy all parts of the United States ; in short, that he had determined to join Gerry and Madison to Pinckney, and he wished me to consult Mr. Madison for 256 MARSHALL. [1797. him. I told him, that as to myself, I concurred in the opinion of the impropriety of my leaving the post assigned, and that my inclinations, moreover, would never permit me to cross the Atlantic again ; that I would, as he desired, consult Mr. Madison, but I feared it was desperate, as he had refused that mission on my leaving it, in General Washington's time, though it was kept open a twelve month for him. He said that if Mr. Madison should refuse, he would still appoint him, and leave the responsibility on him. I consulted Mr. Madi- son, who declined, as I expected. I think it was on Monday, the 6th of March, Mr. Adams and myself met at dinner, at General Washington's, and we happened in the evening, to rise from the table and come away together. As soon as we got into the street, I told him the event of my negotiation with Mr. Madison. He immediately said, that on consulta- tion, some objection to that nomination had been raised which he had not contemplated ; and was going on with excuses which evidently embarrassed him, when we came to Fifth street, where our road separated, his being down Market street, mine off along Fifth, and we took leave : and he never after that, said one word to me on the subject, or ever con- sulted me as to any measure of the government. The opinion I formed at the time on this transaction, was, that Mr. Adams, in the first moments of the enthusiasm of the occasion, (his inauguration,) forgot party sentiments, and as he never acted on any system, but was always governed by the feelings of the moment, he thought, for a moment, to steer impartially between the parties ; that Monday, the 6th of March, being the first time he had met his cabinet, on expressing ideas of JEt. 4:1.] DIPLOMATIC INSTRUCTIONS. 257 this kind, he had been at once diverted from them, and re- turned to his former party views." * The envoys extraordinary, charged with full instructions, and confided with authority to settle the differences betwixt the two countries, arrived in Paris on the 4th of October, 1797, and on the next day, verbally informed the minister of foreign affairs, of their arrival, and desired to know when he would be at leisure to receive one of their secretaries with the official notification of their appointment. The following day was named for this purpose, when their secretary bore a communication from them to the minister, desiring him to fix a time on which to receive them in an official manner. The minister appointed one o'clock on the following day, to receive them, and they accordingly waited upon him at the specified time, at his house. The disposition in which the American envoys approached the minister of foreign af- fairs, may be judged from the commencement of the instruc- tions received by them from their own government. " It is known to you," begins these instructions, " that the people of the United States of America entertain a warm and sincere affection for the people of France, ever since their arms were united in the war with Great Britain, which ended in the full and formal acknowledgment of the independence of these States. It is known to you, that this affection was ardent when the French determined to reform their govern- ment and establish it on the basis of liberty — that liberty in which the people of the United States were born, and which, in the conclusion of the war above mentioned, was finally and firmly secured. It is known to you, that this affection rose to * Jefferson's Works, vol. iv, p. 501. 33 258 MARSHALL. [1797. enthusiasm, when the war was kindled between France and the powers of Europe, which were combined against her for the avowed purpose of restoring the monarchy, and every where vows were heard for the success of the French arms. Yet, during this period France expressed no wish that the United States should depart from their neutrality. And while no duty required us to enter into the war, and our best interests urged us to remain at peace, the government deter- mined to take a neutral station. " A government thus fair and upright in its principles, and just and impartial in its conduct, might have confidently hoped to be secure against formal official censure ; but the United States have not been so fortunate. The acts of their government, in its various branches, though pure in principle, and impartial in operation, and conformable to the indis- i:)ensable rights of sovereignty, have been assigned as the cause of the offensive and injurious measures of the French Republic. For proofs of the former, all the acts of the gov- ernment may be vouched ; while the aspersions so freely ut- tered by the French ministers, the refusal to hear the minister of the United States, specially charged to enter into amicable discussions on all topics of complaint, the decrees of the Ex- ecutive Directory, and of their agents, the depredations on our commerce, and the violences against the persons of our citizens, are evidences of the latter. These injuries and dep- redations will constitute an important subject in your discus- sions with the French Republic ; and for all these wrongs you will seek redress." They were told that the minister was engaged with the ^T. 41.] RECEPTION AT PARIS. 259 Directory, and were requested by the secretary-general to de- fer their visit until three o'clock. They did so, and after waiting about ten minutes, were received and formally intro- duced. The minister informed them that the Directory had desired a report from him on American affairs, and that as soon as it was completed, which would be in a few days, they should be informed what course would be necessary for them to pursue. They desired to know if cards of hospitality were necessary in the meantime. Talleyrand replied that they were, and should be delivered. He then rung for his secretary, and di- rected them to be prepared and sent to the ambassadors. The cards were presented on the following day, in a style corres- ponding with the official character of the representatives of the sovernment of the United States, and thus terminated Marshall's first interview with Talleyrand. During the course of the following week, they were told, in an apparently indirect manner, by Major Mountflorence, that the Directory felt highly indignant at some portions of the President's message, made at the opening of the last session of Congress, and were led to believe that the Directory would not grant to them a public audience, but that some person might be appointed to treat with them on the subject of their mission. This information came in a pretty direct line from the office of the minister of foreign affairs, and was sup- posed to have originated with him, and therefore to assume an official character and corresponding importance. At this point the official intercourse with the French gov- . ernment, was, for the present, suspended. A few days after- wards, General Pinckney was waited on by a gentleman who 260 MARSHALL. [1797. was intimate with Talleyrand, and informed that another gen- tleman whom Pinckney had seen, was a person of consider- ation, and fully to be relied on. On the evening of the same day, the person alluded to, styled in the correspondence, Mr. X.* called, and after a little time, informed Pinckney, in a whisper, that he had a message from Talleyrand to communi- cate to him at his leisure. Pinckney immediately retired into an adjoining apartment, where he was told that his visitor came in no official character, but that having known M. Tal- leyrand, and being confident of his desire to settle the differ- ences betwixt the two countries, he was ready, if it was thought proper, to suggest a plan, in confidence, which Tal- leyrand thought might answer that end. He then expatiated on the state of feeling in the Directory towards the President on account of his message to Congress, and stated that two of them were highly exasperated and might prove intractable, but that through the good offices of M. Talleyrand, an accommodation might be made, and the ministers received, but that prior to this it was necessary to place the sum of twelve hundred thousand livers at the dis- position of M. Talleyrand, to be pit into the pockets of the members of the Directory, and the ministers, as a douceur. With these preliminaries agreed upon, he thought their dif- ferences might be arranged to the satisfaction of both gov- ernments. General Pinckney replied, that his colleagues as well as him- self, had from their entrance into the French metropolis, been treated with a marked disrespect, not at all compatible with * The name of this gentleman has not been divulged, but he is known to have been a highly respectable citizen of Paris, who died there a few years since. JEt. 4:1.] TALLEYRAND — MR. BELLAMY. 261 an amicable settlement of their differences ; that it was the earnest desire of his government that these should be arranged, and that they had been entrusted with great latitude to obtain this by proper means, but that he could not consider any proposition before communicating it to his colleagues, and ob- taining their opinion upon it. Messrs. Marshall and Gerry, after being informed by Gen- eral Pinckney of the overture made to him, agreed that Mr. Pinckney should request Mr. X. to make his proposals to the whole commission, in form, and for fear of mistakes, suggested that he should reduce them to writing. Mr. X. called in the evening, about six, with his propositions, which he said were not had by him immediately from M. Talleyrand, but through another gentleman in whom Talleyrand had great confidence, but whose name at this interview did not transpire. The propositions were substantially those made to Mr. Pinckney, but inasmuch as he could not tell what parts of the President's message were exceptionable, it was agreed that he should breakfast with Mr. Gerry on the 21st, when he would be able to answer this and other inquiries more fully. Mr. X. called on the morning of the 20th to say that Mr. Bellamy, the confidential friend of Talleyrand, would wait upon the ministers himself, instead of communicating through him, as originally contemplated. It was agreed that the conference should be held in Mr. Marshall's apartment, at seven o'clock. At the appointed hour, Mr. X., accompanied by Mr. Bellamy, whom he intro- duced as the confidential friend of Talleyrand, entered, and at once introduced the subject, which made the visit necessary. He stated that Talleyrand entertained the most friendly feel- 262 MARSHALL. [1797. ing for America, heightened by the kindness and civility be- stowed upon him when there, and that the impression left by these attentions upon his mind, made him solicitous to aid the present negotiations by his good offices with the Directory, who he said were extremely irritated against the United States government, and had neither acknowledged, nor au- thorized M. Talleyrand to have any communication with them. This prevented, he said, the minister from seeing them him- self, but he had authorized him, as a friend, although he disa- vowed possessing any diplomatic character, to treat with them, and if they were disposed to make his suggestions the basis for a negotiation, to intercede in their behalf with the Direc- tory, to obtain for them a public audience. The propositions delivered to the ministers on this occasion, were certainly not marked by any disposition to redress the wrongs under which the American government supposed itself to be laboring, but on the contrary, appeared to begin and end in demands for reparation. " There is demanded a formal disavowal in writing, declaring that the speech of the citizen Barras, did not contain any thing offensive to the government of the United States, nor any thing which deserved the epi- thets contained in the whole paragraph. Secondly, reparation is demanded for the article by which it shall be declared, that the decree of the Directory there mentioned, did not contain any thing contrary to the treaty of 1778, and had none of those fatal consequences, that the paragraph reproaches to it. Thirdly, it is demanded that there shall be an acknowledg- ment in writing, of the depredations exercised on our trade by the English and French privateers. Fourthly, the gov- ernment of France, faithful to the profession of public faith, iEr. 41.] THE FRENCH DIRECTORY. 263 which it has made not to intermeddle in the internal affairs of foreign governments with which it is at peace, would look upon this paragraph as an attack upon its loyalty, if this was intended by the President. It demands in consequence, a formal declaration, that it is not the government of France, nor its agents, that this paragraph meant to designate. In consideration of these reparations, the French Republic is dis- posed to renew with the United States of America, a treaty, which shall place them reciprocally in the same state that they were in 1778." But although the Directory felt the honor of France deeply injured by the imputations cast upon her in the message com- plained of, he did not hesitate to say, that the great hinge on which all future negotiation was to turn, was money. " Ilfaut de Vargent — remarked he emphatically — il faut beaucoup d' argent." It requires money — it requires much money. On the following morning they met at Mr. Gerry's at break- fast. Mr. Bellamy did not arrive until ten — he had passed the morning with Talleyrand. He informed the ministers that the Directory were so incensed that they insisted on the dis- avowals and reparations indicated by him on yesterday, be- fore any steps could be had towards a negotiation. He re- marked that M. Talleyrand, as well as himself, were well aware what pain such acknowledgments must give the American ministers, but that upon this point the Directors were inexorable, and were likely to continue so if a mode could not be discovered to change their determination. The ministers requested Mr. Bellamy to be more explicit on the point of satisfying the Directors, without making the ac- knowledgments which even Talleyrand considered so hu- 264 MARSHALL. [1797. miliating. Mr. Bellamy replied that it was not for him to discover the mode, but that the}"- must search for and suggest it themselves. On Marshall's expressing doubts as to whether such a mode could be discovered in the path§ in which he ordinarily trod, Mr. Bellamy remarked, that if he were allowed to express an opinion on the subject, although it was but the opinion of a private individual, he would suggest that it might be found in money. He added, that " the Directory were jealous of its own honor, and the honor of the nation, that it insisted on re- ceiving the same respect with which we had treated the king ; that this honor must be maintained in the manner before re- quired, unless something more valuable were substituted in the place of these reparations, and that was money." Mr. Bellamy, with great consideration, proposed to help the ministers out of their dilemma, by suggesting that the government held thirty-two millions of florins of Dutch in- scriptions, at the moment valued at ten shillings in the pound, which might be transferred to the government of the United States at a value of twenty shillings in the pound, by which means the United States would advance to France that sum which would be re-paid at the end of the war, by the Dutch government. The ministers replied promptly, that although their powers were ample to negotiate a treaty, they were not at liberty to make a loan, and tliat as to the disavowal of the obnoxious part of the President's message, "the Constitution of the United States authorised and required the President to com- municate his ideas on the affairs of the nation ; that in obe- dience to the Constitution he had done so, so that they had yEx. 41.] EXTRAORDINARY DEMANDS. 265 no power to confirm or invalidate any part of tlie President's speech ; that such an attempt could produce no other effect than to make them ridiculous to the government and to tlie citizens at large of the United States, and to produce on the part of the President an immediate disavowal, and recall of them as his agents." They further stated that their govern- ment had endeavored and was still endeavoring, to maintain friendly relations with the French government, but that if France resisted all their overtures, and made war upon them, they should be obliged to defend themselves. With many protestations of personal regard on both sides, and an evident disappointment at the straight forward and unyielding manner in which the American ministers had received the wily sug- gestions of Talleyrand on the part of Mr. Bellamy, the in- terview was closed. On the 27th of October the ministers received another visit from Mr. X., who expressed great surprise that no pro- posal had been made by them, and stated that the Directory would take a decided course towards America, if they could not find the means to reach them. The change in political affairs (a treaty with the Emperor of Russia had just been concluded) was alluded to as showing the prowess of France, and the necessity of conciliating her. The ministers could not or would not see the point of his argument, and after much conversation, he at last said, " gentlemen, you do not speak to the point ; it is money — it is expected that you will offer money." The ministers replied, that they had al- ready given an answer to that question. "No," replied he, " you have not, what is it ?" " No — no," exclaimed the min- isters, " not a sixpence." 34 266 MARSHALL. [1797. Mr. X. begsred them to consider the character of the men DO they had to treat with ; men who disregarded the justice of their claims, and the arguments they might bring to sustain them — who even disregarded their own colonies, and over whom an influence could only be obtained by a judicious ap- plication of money. Mr. Marshall replied that the conduct of the French gov- ernment appeared to be such as to leave them but little hopes of success, even after an outlay of their money. "What then?" replied X. ; " the experiment must'be tried, and if you fail in accomplishing your purpose, you will only have done what is an every day occurrence with lawyers who are paid fees, whether they succeed in establishing their cases or. not ; besides," continued he, " all the members of the Di- rectory are not disposed to receive your money. Merlin, for instance, is paid from another quarter, and will not touch the douceur coming from you." It was intimated that it was believed Merlin was paid by the owners of the privateers, to which suggestion Mr. X. nodded assent, and remarked that Hamburg, and other States of Europe were obliged to buy peace, and that even the Uni- ted States had adopted a similar policy when treating with the Algerines and the Indians. Marshall replied that this was undoubtedly true, but that in treating with them it was generally understood that money was to be the basis of the negotiation, and the whole nation so understood it, but that in treating with France, the govern- ment of the United States had supposed that such a propo- sition as had been repeatedly urged upon them, would give mortal offence. ^T. 41.] COURT INTRICxUES. 267 Mr. X. expressed great surprise, and remarked that there was not an American in Paris who could not have informed the government on that point. Marshall hoped he would be excused for his little knowledge of these matters, but that he had been led to believe, and he thought this was the im- pression of his government, that France was acting from a pure and high minded principle. Mr. X. appeared surprised by this reply, and turning quickly to Pinckney, remarked, " Well sir, you have been a long time in France and Holland, what do you think of it?" Mr. Pinckney answered that he considered both Mr. Bellamy and himself as men of truth, and consequently there could be but one opinion on the sub- ject. INIr. X. finding all hopes of obtaining the money from them, useless, remarked, that he did not blame them if they could maintain their position, which he doubted, and stated that he would communicate the result of the interview to the minister. He begged to correct a false impression under which the ministers appeared to be laboring, before hand, that was, that they looked upon the money proposition as originating with the Directory, whereas it was not even suggested by a minis- ter, but was proposed by him as a means of getting 9vev the unpleasant dilemma of making an acknowledgment to the Directory, in relation to the message of the President, and besides, he added, that France had on a former occasion, loaned money to America. Mr. Pinckney told him that the case was entirely different; that America had proposed to France to loan her money, and had left it optional with her to do so or not, as she chose, but America was noAv directed to lend this money under the lash and coercion of France. 268 MARSHALL. [1797. Marshall added with some feeling, that America was a great nation, and although not a populous one, she yet possessed great powers of self defence, and would deserve to loose them if she permitted them to be wrested from her, and that he was disposed to make at least, one manly struggle before parting with the national independence. A day or two afterwards, Mr. Gerry was informed that M. Talleyrand had expressed surprise at not meeting the Ameri- can ministers frequently in their private characters, when he might confer with them on the subjects of their mission. This information came direct from Talleyrand, and as it ap- peared to hold out a hope of reconciliation, the ministers did not feel themselves at liberty to reject it, and agreed that Mr. Gerry, who had formerly met Talleyrand in America, should wait upon him, which was done, without eliciting any addi- tional overtures, but an abundance of expressions of great regard from the courteous diplomatist, for the welfare of America. On the 29th Mr. X. again waited on them from Talleyrand, who he said was extremely anxious to serve them, and that if they would pay immediately the sum of money already proposed, for private use, by way of fees, they might be per- mitted to remain in Paris, as they then were, until one of their number could go to America and obtain the instructions of their government respecting the public loan, but that neither would the American property already taken be restored, nor any check be put on the future depredations on their commerce. The straight forward Americans, and especially Marshall, felt exceedingly outraged at the haughty tone displayed by the French Directory, and could not refrain from saying that yEx. 41.] RESOLVE OF THE MINISTERS. 269 France had already taken Adolently from America, more than fifteen millions of dollars, and had treated her as an enemy, and that now, when they had come with overtures of peace, to ask for compensation for injuries received, they were told that they must make humiliating concessions, grant a loan to the French government, and pay a fee of twelve hundred thousand livres, for the benefit of remaining in Paris to witness the plays and operas, while one of their number went home to ask the government to exhaust its resources without any hopes of reconciliation with the French government after all ; that they would not mind the payment of a sum of money as a fee, if a reconciliation could be effected ; but of that they saw no such hopes, and although they would be happy to see both Mr. X. and Mr. Bellamy, as private gentlemen, it would be useless to approach them with overtures of such a charac- ter as they had hitherto been the bearers. After this conversation, the ministers resolved to have no more indirect intercourse with the government. Talle3a"and finding that his purposes could not be effected in the mode he had hitherto made use of, sent Mr. X., who took occasion to say, that intelligence had been received from America which rendered it probable that all differences might have long since been settled if Colonel Burr and Mr. Madison had been sent in the place of the present commission, and he hinted, al- though as not coming from Talleyrand, that he was prepar- ing a memorial to be sent to the United States, representing them as being opposed to any accommodation with France. These intimations produced no little unpleasant feeling, which betrayed itself in some asperity of language, in which they begged Mr. X. to inform M. Talleyrand that he might be 270 MARSHALL. [1797. assured that the fear of censure would never induce them to act in such a manner as to deserve it ; but that they should pursue such a course as their consciences approved, and leave their reputation to sustain them. Whatever may have been the motives of Talleyrand in changing his diplomatic tactics, the only effect of the measure was to determine the American ministers to adhere more closely than ever to their resolve, not to hold any official intercourse with any other person than one filling an official position. The following extract from Marshall's Journal, shows that they adhered, as far as might be to this resolution : "December 17, 1797. — I stepped into Mr. Gerry's apart- ments, where I saw Mr. Bellamy. He expressed his regret at having been disabled to dine with us at M. de Beaumarchais' by an inveterate tooth-ache. He then asked me whether I had seen M. de Beaumarchais lately. I told him not since he dined with us, and that he had left us much indisposed. He then observed that he had not known, until lately, that I was the advocate for that gentleman in his cause against the State of Virginia, and that M. de Beaumarchais, in consequence of that circumstance, had expressed sentiments of high regard for me. I replied that M. de Beaumarchais' cause was of gi-eat magnitude, very uncertain issue, and, consequently, that a portion of the interest he felt in it would very naturally be transferred to his advocate. He immediately said (low and apart) that M. de Beaumarchais had consented, provided his claim could be established, to sacrifice fifty thousand pounds sterling of it as the private gratification which had been re- quired of us ; so that the gratification might be made without any actual loss to the American government. I answered iEx. 41.] LETTER TO TALLEYRAND. 271 that a gratification on any terms, or in any form, was a sub- ject which we approached with much fear and difficulty, as we were not authoi-ized by our government to make one, nor had it been expected that one would be necessary ; that I could not undertake to say whether my colleagues would consent to it unless it was accompanied by a full and entire recognition of the claims of our citizens, and a satisfactory arrangement on the object of our mission. He said that it was in the expectation of that event only that he had men- tioned it. We parted, and I stated the conversation to Gen- eral Pinckney, who was disinclined to any stipulation of the sort, and considered it as a renewal of the old reprobated system of indirect unauthorized negotiation. " Having been originally the counsel of M. de Beaumar- chais, I had determined (and so I had informed General Pinckney) that I would not, by my voice, establish any agreement in his favor ; but that I would positively oppose any admission of the claim of any French citizen, if not ac- companied with the admission of the claims of the American citizens for property captured and condemned for want of a role d' equipage. My reason for conceiving that this ought to be stipulated expressly, was a conviction that, if it was re- ferred to commissioners, it would be committing absolutely to chance as complete a right as any individuals ever possessed. General Pinckney was against admitting the claim at any rate. "After my return Mr. Gerry came into my room and told me that Mr. Bellamy had called on him to accompany him on a visit to M. Talleyrand ; that he proposed seeing M. Talley- rand and returning the civility of the dinner, and endeavoring to brins: about some intercourse between him and us. 272 MARSHALL [1798. " December 18. — General Pinckney and Mr. Gerry met in my room, and Mr. Gerry detailed the conversation mentioned in our public letter. The proposition relative to the claim of M. de Beaumarchais is entirely different from my understand- ing of it, in the very brief statement made to me by Mr. Bel- lamy. We resolved that we would rigidly adhere to the rule we had adopted, to enter into no negotiation with persons not formally authorized to treat with us. We came also to the determination to prepare a letter to the Minister of Foreign Halations, stating the object of our mission, and discussing the subjects of difference between the two nations in like manner as if we had been actually received, and to close the letter with requesting the government to open the negotiation with us or to grant us our passports." The task of preparing the letter above alluded to, dated 27th January, was confided to Marshall. It was signed j'ointly by the ministers, and despatched to the Minister of Foreign Affairs on the 31st of January, 1798. In this able and elaborate state paper the grounds of the law authorizing the capture of neutral vessels having on board any of the products of the British Islands, under which so large an amount of the property of citizens of the United States had been seized and appropriated to the use of the French government, was reviewed with such a display of able reasoning, exactness of detail, demonstrative illustration, con- summate skill in the adaptation of these illustrations, compre- hensive acquaintance with the laws of nations, and withal con- joined to such evident earnestness of purpose and dignified mod- eration, as to place it in the very first rank among state papers ; and had Marshall left behind no other memorial of the mascu- ^T. 42.] FINAL INTERVIEW. 273 line energy of his great mind, this document would be suffi- cient to place him in an elevated position as an able diplo- matist, a skilful reasoner, an accomplished advocate, and a polished writer. To this letter no reply was immediately given ; and indeed, with all the diplomatic acumen of the wily Talleyrand, at that moment beyond question the most skilful, and periiaps least principled diplomatist of Europe, no refutation of its arguments could, with the least show of plausibility, be given. Still anxious to effect a reconciliation if possible, the ministers desired their secretary, Major Rutledge, to call upon Talley- rand and ascertain if he had any reply to make to the com- munication made to him on the 31st of January. Talleyrand informed Major Rutledge that the Directory had taken no action on the subject, and that he had therefore no communi- cation to make ; but that the ministers would be informed of their action when had. This interview was nearly three weeks after the delivery of the letter of the 27th to Talley- rand. Before writing their final letter, they requested a personal interview with the minister, which was granted, and took place at his office on the 2d of Match at three o'clock. In this interview Mr. Pinckney began the conversation by expressing an anxious solicitude to settle the differences between the two republics if possible. He alluded to the several propositions they had informally received, and which they found it im- practicable to accede to, and asked if no other means could be suggested to effect so desirable an object. Talleyrand, who spoke in a very low tone of voice, remarked that the French republic wished sincerely to see the relations 36 274 MARSHALL. [1798. betwixt the United States government and itself established on a basis of solid and lasting friendship : as a proof of which he alluded to the readiness with which orders for passports had been given. He spoke of the manner in which the feelings of the Directory had been wounded by the address of Wash- ington, as well as that of President Adams, and remarked that the original friendly feelings of the Directory had been greatly changed by the coldness and distance observed by the min- isters themselves since their arrival in Paris, who, instead of seeing him frequently and consulting on the means by which difficulties might be removed, had waited on him but once, and appeared to be observing a cold formality, not at all com- patible with the friendly intentions expressed. Mr. Pinckney replied that, at the time their credentials were delivered, Talleyrand had informed them that the Direc- tory would decide on their case in a few days, of which de- cision they should be notified ; and that this had suspended their visits for some time. Talleyrand remarked that he did not allude to their public visits, which were not expected, but to their private ones, in which the matter might have been discussed, and suggestions interchanged that might have bro- ken down the asperity of their official intercourse. He then added that the Directory would require some proof of their friendly disposition, and especially some amende for the lan- guao-e of the Presidents of the United States, which amende they should search for and propose ; that it was not for him but them to discover the means, and alluded pretty plainly to the old subject of soothing these irritated feelings by that most potent placebo, money. After much conversation, in which Talleyrand attempted to ^T. 42.] TALLEYRAND'S POLICY. 275 convince them of the necessity of exceeding their powers, he hinted that the manner in which they shielded themselves behind the strict letter of their instructions evinced any thing but the disposition to accommodate they professed. Marshall told him that if the ministers of the United States had evinced any unwillingness to make use of every proper means to reconcile the two republics, or had shown any of the indifference attributed to them to search for the means of effect- ing so desirable an object, they had very imperfectly repre- sented the feelings and wishes of their own government, which had manifested a sincere desire to accommodate the differ- ences betwixt France and herself, by so many evidences as to leave no doubt on this subject. He remarked that the circum- stance of their having patiently submitted so long to the ag- gressions made upon their commerce and the property of her citizens, as well as the appointment of this extraordinary mis- sion, under the circumstances, afforded the strongest proof of this disposition ; but if France would consider nothing as an evidence of this friendship short of the performance of an act which would not only exceed their instructions, but operate most injuriously upon their country, he could only say, that, while they would take no step to provoke further differences, they would, at the same time, abstain from being privy to any act in secret which, if made public, would compromise the neutrality it was so greatly to the interest of the United States government to maintain. He continued, that if the United States were actually leagued with France in war at this moment, inasmuch as they had neither ships nor men to be engaged in it, they must, from necessity, furnish money ; therefore, to furnish money now, to be expended in the war, 276 MARSHALL. [1798. was in fact to depart from neutrality and become a belligerant power. He had no doubt, however, if France would remove her interdict to their commerce, the American government would furnish the supplies at St. Domingo more abundantly than they were required ; and if the loan was to be really payable after the war had terminated, no difference need exist on that point. Upon taking leave, after an interview of an hour's length, Talleyrand again alluded to the circumstance of their not visiting him, and said that their not having had an audience with the Directory, need not have prevented it. Marshall told him that it was a matter of no moment, whether they saw the Directory or not — that they were per- fectly indifferent on that head ; but that they conceived that until their public character was recognized by some competent authority as the representatives of their government, they might, in attempting to act as its ministers, subject themselves to unpleasant circumstances, they would not be willing to sub- mit to. Talleyrand admitted the force of this remark, but said they might nevertheless discuss the subjects of difference as private individuals. Another interview was asked and granted on the sixth at half past eleven o'clock, at which hour the commissioners again waited upon him. This interview, like the former ones, resulted in nothing definite. At its close, the ministers in- formed Talleyrand that two of their number would leave for America immediately, and lay the whole case before their own government if this course would be agreeable to the Directory, otherwise they would delay their return for some time longer. To this suggestion Talleyrand made no reply, but addressed ^T. 42.] MINISTERS' REPLY. 277 to them an answer to their letter of the 17th of January, dated the 18th of March, 1798, in which, after very cautiously ex- pressing himself on some of the points at issue, he adds : " It is therefore, only in order to smooth the way of dis- cussions that the undersigned has entered into the preceding explanations. It is with the same view, that he declares to the commissioners and envoys extraordinary, that notwith- standing the kind of prejudice which has been entertained with respect to them, the Executive Directory is disposed to treat with that one of the three whose opinions, presumed to be more impartial, promise in the course of the explanations, more of that reciprocal confidence, which is indispenable." This drew from the ministers a second letter, likewise pre- pared by Marshall, and stamped with the same great reasoning powers and skilful diplomacy which characterised his former one, and closes with the following words : "The undersigned observe with infinite regret, that the dis- position manifested to treat with the minister who might be selected by this government, is not accompanied with any assurances of receding from those demands of money, hereto- fore made the consideration on which alone a cessation of hostility on American commerce could be obtained, to which the undersigned have not the power to accede, with which the United States will find it extremely difficult to comply, and a compliance with which would violate that faith pledged for the observance of neutrality, and would involve them in a disastrous war, with which they have no concern. Nor do you answer to the applications which have been made for compensation to the citizens of tlie United States for property which shall be proved to have been taken contrary to the law 278 MARSHALL. [1798. of nations and existing treaties, otherwise than that you are willing to discuss cases where thei-e has been a departure from certain principles, which principles in fact, involve al- most every case. " You have signified, citizen minister, that the Executive Directory is disposed to treat with one of the envoys, and you hope that this overture will not be attended on the part of the undersigned with any serious difficulty. Every propo- sition of the Executive Directory is considered with the most minute and respectful attention. The result of a deliberation on this point is, that no one of the undersigned is authorised to take upon himself a negotiation evidently entrusted by the tenor of their powers and instructions, to the whole, nor are there any two of them who can propose to withdraw them- selves from the task committed to them by their government, while there remains a possibility of performing it. "It is hoped that the prejudices said to have been con- ceived against the ministers of the United States, will be dis- sipated by the truths they have stated. " If in this hope they should be disappointed, and it should be the will of the Directory to order passports for the whole or any number of them, you will please to accompany such passports with letters of safe conduct, which will entirely protect from the cruisers of France, the vessels in which they may respectively sail, and give to their persons, suite and property, that perfect security to which the laws and usage of nations entitle them." The two members of the commission above alluded to, with whom Talleyrand had little hope of negotiating, were Pinckney and Marshall. That there might be no question as ^T. 42.] DEPARTURE FROM FRANCE. 279 to this, he addressed the following letter to Mr. Gerry, dated the 3d of April, 1798 : " I suppose, sir, that Messrs. Pinckney and Marshall have thought it useful and proper, in consequence of intimations given in the end of my note, of the 28th of Ventose last, and ihe obstacles which their known opinions have interposed to the desired reconciliation, to quit the territory of the Republic. On this supposition, I have the honor to point out to you the )th or the 7th of this decade, to resume our reciprocal com- munications upon the interests of the French Republic and he United States of America. " Receive I pray you, the assurances of my perfect con- sideration. C. H. Mau Talleyrand." This drew from Mr. Gerry a reply, in which he declined to be the medium of conveying the unpleasant intelligence it contained to his colleagues, or to take any measures that would be painful to them, informing him that it would be in- consistent with the line of conduct he had always observed, to remove the prejudice on the part of the government against them. He further stated that Marshall was waiting with great impatience for an answer to that part of their joint letter relating to safe conduct, in order to determine whether he should embark from France or Great Britain. It was not the purpose either of the Directory or their min- ister, to furnish Marshall with the desired passport, and they hoped by retaining it to induce him to leave France without the odium of sending him away. Shortly after the date of this letter, Marshall embarked for America, and arrived at New York on the 17th of June, 1798. The lengthy and curious despatches of the ministers had been 280 MARSHALL. [1798. unexpectedly communicated to Congress and published, crea- ting a warm sympathy for the ministers, and a feeling of great indignation against the French Directory. His return to his native land, therefore, was a time of great rejoicing. On his arrival at Philadelphia, he was escorted by the military of the city to his lodgings, and partook of a dinner given to him by the members of both houses of Congress, at which the cele- brated toast, " Millions for defence, not one cent for tribute," was drank. Jefferson, in a letter to Madison, strongly tinctured by the politics of the day, thus speaks of his arrival at Philadelphia : " Marshall was received here with the utmost eclat. The Secretary of State and many carriages, with all the city cav- alry, went to Frankfort to meet him, and on his arrival here, the bells rang till late in the night, and immense crowds were collected to see, and make part of the show, which was cir- cuitously paraded through the streets, before he was set down at the city tavern." The government was accused by its opponents of making the most of this affair, for the purpose of influencing the elec- tions, and retaining itself in power. Jeflerson, writing to Gerry, says, " It was truly a God-send to them and they made the most of it. Many thousand copies were printed and dispersed gratis, at the public expense, and the zealots for war co-operated so heartily, that there were instances of single individuals who printed and dispersed ten or twelve thousand copies at their own expense." That the government was extremely indignant, and manifested a disposition to close the negotiations abruptly, is evident from the following extract from a letter transmitted to Mr. Gerry by the Secre- VEt. 42.] ARRIVAL — REJOICING. 281 tary of State, on Mr. Marshall's arrival. " The respect due to yourselves and to your country, irresistibly required that you should turn your backs to a government that treated both with contempt, a contempt not diminished but aggravated by the flattering but insidious distinction in your favor, in dispar- agement of men of such respectable talents, untainted honor, and pure patriotism, as Generals Pinckney and Marshall, in M^hom their government and their country repose entire con- fidence, and especially when the real object of that distinction was to enable the French government, trampling on the au- thority and dignity of our own, lo designate an envoy with whom they would condescend to negotiate. It is therefore to be regretted, that you did not concur with your colleagues in demanding passports to quit the territories of the French Re- public, some time before they left Paris." It may be proper to remark that when an unexpected pub- licity was given to these proceedings by the course of the American government, the French government denied any participation in it, and represented the American ministers as the dupes to a set of intriguers ; but whoever will dispassion ately examine the detailed statement of this affair, must ar- rive at the conclusion of the Secretary of State in his elabo rate report concerning it, that the whole proceeding was car- ried on with the aid and connivance of the Executive Directory of France, and that Mr. Belamy, Hautville, and others, com- municated to the American ministers no more than they were authorised to do by their minister of exterior relations, Talley- rand. No other possible reason can be assigned for the unex- ampled course of the Directory, in refusing to receive the ministers, aad being always on the point of sending them 36 282 MARSHALL. [1799. away, and yet in keeping them for months, suspended in this doubtful and awkward position, except to give their agents an opportunity to urge the acceptance of what Talleyrand justly designates "the disgusting proposition for money, for cor- rupt distribution," and it was because two of them, Marshall and Pinckney, were found to be superior to those intrigues, that they were sent away loaded with every species of indig- nity it was in the jDower of the officials of the Directory to heap upon them. It was also in the hope of obtaining a more ready acquiescence from Mr. Gerry, who Talleyrand remarked was too "indecisive and irresolute," that he was retained. The party lines which had existed in the United States from the cessation of hostilities with England, had now be- come more distinct, and the feeling of animosity more mani- fest than at any previous period. The federalists, at the head of whom stood Adams, Hamilton, and Jay, were op- posed by the republicans led on by Jefferson, Madison and Gallatin. The federalists, who at the time held possession of the government, were exceedingly anxious to induce a rup- ture with the French government, and were accused by their enemies of favoring the English pretensions, while the re- publican party as anxiously endeavored to maintain friendly relations with the former power, and were as vehemently as- sailed as being allied to the Jacobins of France. As usually happens during the excitement of high party times, the views and intentions of both parties were greatly misrepresented, and it only required union of effort to repel an invasion from without, to show the honorable sentiments which actuated the leaders of both these great parties. The communications of the American ministers at Paris, perhaps unwisely made iEx. 43.] POLITICAL EVENTS. 283 public, on the eve of the elections, produced an excitement more intense than any thing which had occurred since the declaration of the independence, and it required all the energy of the able leaders of the republican party, to prevent this inflammable material from lighting the whole country anew in the blaze of warfare, in the performance of which task they felt themselves obliged to throw a suspicion on the motives of Marshall and Pinckney, not justified by the dispassionate views we are enabled to take of the subject at this distant period. That it was clearly the policy of the American gov- ernment, notwithstanding the injuries under which she was smarting, to abstain from open hostilities at that particular moment, and that the observance of this policy has had the effect of disentangling it from foreign alliances, is now too evident to admit of a doubt. The struggle for political power between these two great parties was wrought up to the highest possible point of endu- rance about the time of Marshall's return to America ; and so important were his political services considered to the feder- alists, with whom he was allied, that he was prevailed upon to relinquish the intention he had formed to abandon public life, and enter the political field as a candidate for Congress. He succeeded in obtaining his election, and became a partici- pant in those exciting struggles which, in the winter of 1799 and 1800, terminated in the complete overthrow of the party then in power, and the triumph of those republican principles which, with a few brief exceptions, have continued to regulate the des- tinies of the country from that day until the present moment. One of his first public duties, after the assembling of that body, was to announce the decease of his illustrious friend 284 MARSHALL. [1799. General Washington, whose ilhiess had been of such short duration that the news of his decease, which took place on the 14th of December, 1799, reached the capital before the announcement of his indisposition- The melancholy tidings were brought by a stage passenger, and produced, when com- municated from member to member through the house, a scene of the deepest sorrow and confusion, amid which Mar- shall arose, and, in a voice trembling with emotion, alluded to the afflicting news just received, and added that " after re- ceiving intelligence of a national calamity so heavy and afflicting, the House of Representatives can be but ill fitted for public business," and he therefore moved an adjournment. On the succeeding day, after the reading of the journal, Marshall addressed to the house the following chaste and ap- propriate tribute to the memory of the illustrious deceased : " The melancholy event which was yesterday announced with doubt has been rendered but too certain. Our Wash- ington is no more ! The hero, the patriot, and the sage of America — the man on whom, in time of danger, every eye was turned and all hopes were placed — lives now only in his own great actions, and in the hearts of an affectionate and afflicted people. " If, sir, it had even not been usual openly to testify respect for the memory of those whom Heaven has selected as its instruments for dispensing good to man, yet, such has been the uncommon worth, and such the extraordinary incidents which have marked the life of him whose loss we deplore, that the whole American nation, impelled by the same feel- ings, would call with one voice for a public manifestation of that sorrow which is so deep and so universal. JEt. 43.] EULOGY ON WASHINGTON. 285 " More than any other individual, as much as to one indi- vidual was possible, has he contributed to found this, our wide-spreading empire, and to give to the Western World independence and freedom. " Having effected the great object for which he was placed at the head of our armies, we have seen him convert the sword into the ploughshare, and sink the soldier into the citizen. " When the debility of our federal system had become manifest, and the bonds which connected this vast continent were dissolving, we have seen him the chief of those patriots who formed for us a constitution which, by preserving the Union, will, I trust, substantiate and perpetuate those blessings which our revolution has promised to bestow. " In obedience to the general voice of his country calling him to preside over a great people, we have seen him once more quit the retirement he loved, and, in a season more stormy and tempestuous than war itself, with calm and wise determination, pursue the true interests of the nation, and contribute more than any other could contribute to the estab- lishment of that system of policy which will, I trust, yet pre- serve our peace, our honor and our independence. " Having been twice unanimously chosen the Chief Magis- trate of a free people, we have seen him, at a time when his re-election with universal suffrage could not be doubted, afford to the world a rare instance of moderation, by withdrawing from his high station to the peaceful walks of private life. " However the public confidence may change and the pub- lic affection fluctuate with respect to others, with respect to him they have, in war and in peace, in public and in private 286 MARSHALL. [1799. life, been as steady as his own linn mind, as constant as his own exalted virtues, " Let us, then, Mr. Speaker, pay the last tribute of respect and affection to our departed friend ; let the Grand Council of the nation display those sentiments which the nation feels. For this purpose, I hold in ray hand some resolutions which I take the liberty of offering to the house." With this brief but comprehensive exordium, he presented those resolutions, framed by General Lee, who was not in his seat at the time the intelligence of his death reached the house, and afterwards placed them in the hands of Marshall, in which the memorable and appropriate words occur, '^ first in war, first inpeace, and first in the hearts of his countrymen.'^ In alluding to this circumstance a few years later, in his Life of Washington, with an unaffected modesty peculiar to him, he takes care to give General Lee full credit for the au- thorship of the resolutions, but entirely abstains from any mention of his own name in connexion with the event. " The House of Representatives," remarks Mr. Binney, in his chaste eulogium on Judge Marshall, " in which Mr. Mar- shall had a seat, was perhaps never exceeded in the number of its accomplished debaters, or in the spirit with which they contended for the prize of public approbation. It was the last which convened in this city,* and furnished a continual banquet to such as had the taste to relish the encounter of minds of the first order stimulated to their highest efforts and sustained by the mutual consciousness of patriotic motives. The course of this eminent man as a member of it was such as all impartial persons must review without a censure. His * Philadelphia. tEt. 43.] DEBATE ON THE NASH CASE. 287 principles of government were fixed, his confidence in the administration was great, his apprehensions of public mischief from a radical change of its measures were sincere, and he neither deviated from the path which these sentiments pre- scribed, nor faltered in it. But there was that about him which defended him from the assaults of party and raised him above its suspicions. If he was a party man, he was so by position, and not from temper or political views." In these debates, in which the measures of the administra- tion were assailed and defended with all the skill and ability which men of the highest order of talents could bring to bear upon them, Marshall took a prominent part, but there was one occasion on which his great reasoning powers stood forth more prominently than on any other. This was in the debate on the resolutions offered by Edward Livingston, of New York, censuring the Executive for the course pursued in the case of Nash, as contrary to law, and not justified by the treaty stipulations with Great Britain. The state of the case was this : a seaman, by the name of Thomas Nash, alias Jonathan Robbins, was accused of having been one of a party who com- mitted a murder on board of the English war vessel, Her- mione, while at sea, and of having afterwards sought refuge in the United States. Nash was traced to South Carolina, and was said to be identified as one of the murderers, although he bore the name of Jonathan Robbins, and claimed to be a native of Danbury, Connecticut, and an impressed seaman. Under these circumstances, the resident minister of England near the government of the United States, demanded Nash, as a fugitive from justice, under the 27th article of the treaty of 1794, entered into between the two governments. 288 MARSHALL. [1800. He was apprehended, and the case was brought up before the United States District Judge of South Carolina, on a writ of habeas corpus. The evidence of his identity with Thomas Nash, appeared conclusive to the Judge, and under the di- rections of the President he was handed over to the British authorities, tried and executed. The public mind, keenly sensitive to the subject of im- pressment, was greatly inflamed by the strictures of the oppo- sition press, who thought the case not so clear as either the judge or the executive, and the mist which enshrouded it, subsequently dissipated, led many of the opposition to assume a strong ground, and hence the introduction of the resolutions which were advocated with great ability by Liv- ingston, Gallatin and Nicholas on the one side, and Bayard and Marshall upon the other. No subject could have been more appropriate for Marshall than this, inasmuch as it em- braced within its range of inquiry, an examination into the theory on which the laws of nations was founded, the prin- ciples which governed their diplomatic intercourse, the weight and exposition of treaties, and the extent of the authority confided in the executive department of the general govern- ment to execute them. Judge Story pronounces it to be " one of the most consum- mate judicial arguments which was ever pronounced in the halls of legislation," and says of it that like Lord Mansfield's celebrated answer to the Prussian memorial, it was " Reponse sans repliquer, an answer so irresistible that it admitted no reply." The argument was conclusive, and settled then and forever this abstruse point of international law. Jefferson, in a letter to Madison, writes, " The question has ^T. 44.] APPOINTED CHIEF JUSTICE. 289 been decided to-day, on Livingston's motion respecting Rob- bins : thirty-five for it, about sixty against it. Livingston, Nich- olas and Gallatin distinguished themselves on one side, and J. Marshall greatly on the other." Upon the rupture betwixt the President and his cabinet, which resulted in the removal from office of Mr. McHenry. Secretary of War, in May, 1800, Marshall was selected to fill his place. He had scarcely received the appointment, before the office of the Secretary of State became vacant from a similar cause, and the President conferred the appointment upon him. His official duties in the capacity of a cabinet jnin- ister were of short duration, as he was soon after selected to fill the more congenial as well as the more important public station, of Chief Justice of the United States. The circum- stances under which this appointment was conferred upon him were peculiarly gratifying, and manifest the high appreciation in which his character and services were held by the Presi- dent and the Senate. When the Chief Justiceship became vacant by the resignation of Judge Ellsworth, then in Europe, the President, with the advice of Marshall, offered the ap- pointment to Mr. Jay, who declined accepting it. Without further consultation he returned the name of Marshall to the Senate as his successor, which body unanimously confirmed his nomination, and he was appointed Chief Justice on the 31st of January, 1801. We have traced his progress through varied paths, requiring great energy of character, fixedness of purpose, and high intellectual attainments, and in all we have found him occu- pying a prominent, and in many, the foremost position, but none of these presented the difficulties and responsibilities 37 290 MARSHALL. [180L which met him at the outset of his career as the Chief Justice of the United States, When he entered upon the discharge of its duties, the constitution, upon whose correct interpretation the value and justice of so many of its decisions depended, had as yet to be expounded. As a declaratory instrument, although usually expressed in a clear and unambiguous language, it admitted of a variety of interpretations, made more complex, by the sophistry with which ingenious argument had enshrouded its true meaning and intention. Its discussion had hitherto been rather of a legislative than of a judicial character, and it had much more frequently occupied the mind of the statesman than of the magistrate. He had therefore to mark out a path for himself. That constitutional law now so clear and lucid in its expositions as to furnish unerring landmarks for the guidance of the legal profession was then in its infancy. Without precedents — without the aid of prior decisions or analogous cases — without the carefully digested opinions of able judges to throw light ujjon their minds in perplexity, or sustain them by inspiring a confidence in their own judgments — the court over which he presided assumed the responsibility of deciding questions not only of private importance and vast extent, but involving the very permanency of the union itself. Tor the discharge of a duty so important as the presiding officer of such a tribunal, he was peculiarly fitted by his va- ried stores of legal learning, and the care he had previously taken to ascertain the true meaning and intent of the consti- tution. There were other qualities no less necessary, which he possessed in an eminent degree. He was conscientiously ^T. 45.] SUPREMACY OF THE CONSTITUTION. 291 faithful in the discharge of his judicial functions, patient in investigat'on, untiring in research, and unwavering in decision. To this rare combination, he joined to the most urbane and courteous manners, the simplest and most unaffected deport- ment. If under these circumstances, errors in judgment were sometimes committed, and it will not be pretended that Judge Marshall and his able associates were infallible, or that their legal opinions have always been sustained, it was no more than was to be expected from the weakness of human in- firmity, even when that weakness was counterbalanced by the high intellectual qualifications which adorned the life and gave inestimable value to the services of the subject of these remarks.. The first case involving a constitutional question, which came before the Supreme Court, after his appointment as its presiding officer, was that of Marbury against Madison, in which he thus asserts the suj^remacy of the constitution: " The question, whether an act repugnant to the constitu- tion, can become the law of the land, is a question deeply in- teresting to the United States ; but happily not of an intricacy proportioned to its interest. It seems only to recognize cer- tain principles, supposed to have been long and well estab- lished to decide it. "That the people have an original right to establish for their future government, such principles as in their opinion shall most conduce to their own happiness, is the basis on which the whole American fabric has been erected. The ex- ercise of this original right is a very great exertion ; nor can it, nor ought it to be frequently repeated. The principles, 292 MARSHALL. [1801. therefore, so established, are deemed fundamental. And as the authority from which they proceed is supreme, and can seldom act, they are designed to be permanent. " This original and supreme will organizes the government, and assigns to different departments their respective powers. It may either stop here, or establish certain limits not to be transcended by those departments. " The government of the United States is of the latter de- scription. The powers of the legislature are defined and lim- ited, and that those limits may not be mistaken or forgotten, the constitution is written. To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may at any time be passed by those intended to be restrained ? The distinction between a gov- ernment with limited and unlimited powers is abolished, if those limits do not confine the persons on whom they are im- posed, and if acts prohibited and acts allowed, are of equal obligation. It is a proposition too plain to be contested, that the constitution controls any legislative act repugnant to it, or that the legislature may alter the constitution by an ordinary act. " Between these alternatives there is no middle ground. The constitution is either a superior paramount law, unchange- able by ordinary means, or it is on a level with ordinary legis- tive acts, and like other acts, it is alterable, when the legisla- ture shall please to alter it. " If the former part of the alternative be true, then a legis- lative act contrary to the constitution is not law ; if the latter part be true, then written constitutions are absurd attempts on the part of the people to limit a power in its own nature illimitable. ^T. 45.] MIDNIGHT APPOINTMENTS. 293 " Certainly all those who have framed written constitutions, contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be that an act of the legislature repugnant to the constitution is void. " This theory is essentially attached to a written constitu- tion, and is consequently to be considered by this court as one of the fundamental principles of our society." Notwithstanding the closeness of reasoning and careful ap- plication of deduction in the above syllogistical statement, he has been accused, with some show of reason, of leaving the plain beaten path in which his case lay, to start suggestions from which conclusions might have followed, if the case had assumed a different aspect, or the court had possessed different powers. The very case before us furnishes an example of this mode of erratic reasoning and suggestive argument. Mr. Adams, among a number of appointments made at the close of his presidency, and denominated midnight appoint- ments, commissioned Mr. Marbury to act as a justice of the peace for the county of Washington. Mr. Jefferson found these appointments already signed and sealed, on the table of the Department of State, and directed his Secretary of State, Madison, not to deliver them. A writ of mandamus was applied for to the secretary, to direct him to deliver up the commission. The decision of the court was, that as it was an original process, they had no cognizance over it. Mr. Marshall in his opinion, goes on to say, that had the court this cognizance they should direct this delivery to be made. The second proposition is entirely gratuitous, because the case had not arisen, and could only have been intended to influence 294 MARSHALL. [1803. the decision of some other court having the competent jurisdic- tion. It is not oar purpose however, to analyze these nu- merous decisions in which, during his chief-justiceship, the court took cognizance of a greater number of questions affect- ing the constitution than can possibly arise again, and settled upon a permanent basis the principles of the constitution de- vised for the purpose of giving security to property, and pro- moting intercourse and trade between different States of the Union. There are two of these decisions to which we would casu- ally allude, on account of the great importance of the interests involved. The first of these is that of Dartmouth College, in which the following lucid exposition of that abstract pheno- menon, a corporation, is given : " A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly, or as incidental to its very existence. These are such as are sup- posed best calculated to effect the object for which it was created — among the most important are, immortality, and if the expression may be allowed, individuality, properties by which a perpetual succession of many persons are considered as the same, and may act as a single individual." The question in this case was, whether the law of the State abolishing its old charter and substituting a new one was un- constitutional or not. The court decided that it was, and restored the college to its former privileges and immunities, thus securing from political influence or private intrigue those corporate endowments for public good either of charity or edu- .Ex. 47.] RIGHTS OK THE STATES. 295 cation, so beneficial to society and so worthy of the generous motives which inspired them, which are found scattered by the hand of generous benevolence throughout our land. The second is that of Cohen against the State of Virginia, in which two questions arose : first, whether a State could be brought as a defendant before the Supreme Court ; second, whether Congress could pass an act authorizing a corporation of its own creation to exercise a jurisdiction within a State paramount to the laws of the State. On both of these points the court decided in the affirmative. This decision, which may be considered one of the capital errors of Marshall's legal judgments, was far from being tamely acquiesced in by the State of Virginia, whose legislature prepared remon- strances against it, which were only delayed in their presen- tation by the exciting question of admitting Missouri into the Union, which immediately followed upon it, and diverted the thoughts of her legislature into a new channel. This opinion was opposed by Roane, in a paper written with such ability that the original framer of the constitution, Jeffer- son, said that if it could be refuted, or the opinion of Marshall sustained, he would surrender human reason as a vain and useless faculty, given to bewilder and not to guide. The im- portant point at issue was the constitutional boundaries be- twixt the general and State governments, and where the power of the one begun and the other terminated. This decision furnishes a striking illustration of the inability of the wisest statesman to foresee the ultimate result of his own political inventions. It could hardly have been believed that, with the jealousies prevailing among the State governments against the general government, and with the known opinion 296 M A U S II A L L that the State authorities reserved to themselves all powers not expressly delegated by that instrument, that within thirty years from its adoption the Supreme Court of the United States should feel itself authorized to interfere with the do- mestic concerns of a State, and direct the course of justice betwixt itself and its own citizens. No one will hesitate to award to Marshall the possession of that comprehensive and unclouded intellect, that great good sense, that luminous power of ratiocination, or that perspicu- ity, force, and strength which placed him by the side of Lord Mansfield, and made him inferior to no judge that ever lived. But with the possession of these high attributes he likewise bore those prejudices almost inseparable from humanity. In politics he was a stern and uncompromising federalist. "In the maintenance of the principles of that school," says one who knew him well, " he was ready at all times to stand forth a determined advocate and supporter. On this subject he scorned all disguise, he affected no change of opinion, he sought no shelter from i-eproach." Whatever errors clouded his judgment or warped his reason, in the examination and preparation of those decisions on which he wished his memory to rest, may be traceable to this source, and to this alone. After a careful examination of this subject, we must acquit Marshall of having formed or expressed one legal principle, in his capacity as a judge, from party motives ; but at the same time, candor compels us to add, that the influence of party prejudices, insensibly to himself, occasionally crept in and marred the beauty of those otherwise luminous legal decisions. He discovered in the prerogatives of the high court over LIFE OF WASHINGTON. 297 which he presided a supreme power to declare and enforce the doctrines of a delegated one, supreme in itself so far as its boundaries extended, and with a disposition not to usurp that which had not been granted, he united a determination to be satisfied with nothing less than its just and full propor- tions. That this imaginary boundary might have been ex- tended, nay, that it has been so, under the sanction of the high authority and commanding ability which presided over it,, the history of the constitutional jurisprudence of the United States will bear ample testimony. The laborious duties of the bench, during the early part of Marshall's judicial career, were shared with the no less arduous ones of literary composition. On him devolved the task of preparing a life of his illustrious and devoted friend, Wash- ington, and most earnestly did he apply himself to the per- formance of this sacred obligation. In its inception he discovered that the life of Washington was so closely identified with the history of the colonies, and so interwoven with public affairs, that it would be incomplete without a perspicuous account of the rise, progress, and con- dition of the colonies, and a detail of those transactions, in which he either became a participant or adviser. This view led to the preparation of the History of the Colo- nies, which originally appeared as an introduction to the Life of Washington, but has since been published as a separate work. "Our ideas of America," he remarks in the preface to a subsequent edition of this work, ''' of the character of our Revolution, of those who engaged in it, and of the struggles by which it was accomplished, would be imperfect without 38 298 MARSHALL. some knowledge of our colonial hi&tory. No work had been published when this Avas undertaken, from which that know- ledge could be collected. To have taken up the history of the United States when the command of the army was con- ferred on General Washington, would have been to introduce the reader abruptly in the midst of scenes and transactions, with the causes of which, and with the actors in them, he would naturally wish to be intimately acquainted. This was the apology of the author for the introductory volume to the Life of General Washington. Had the essays since written towards a general history of the English colonies, been then in the possession of the public, this volume would not have appeared." The volume to which he thus modestly alludes, was followed by four others, devoted to the life of Washington, and the po- litical events that environed him. The first of these was published in 1803, the last in 1807, and the whole occupied his leisure from the time he assumed his judicial functions, until their final completion. Subsequent editions have from time to time been published, and they are now, and probably al- ways will be considered as standard works, on the subject of which they treat. The peculiarities of their author are manifest on every page. There is no attempt to dazzle by studied elegance, harmonious diction, or brilliant ornament, but they are written in a plain and unpretending style, substantiated by historical facts, and possess great weight on account of conclusions so well drawn as to be extremely difficult of resistance, even when not borne out by their antecedent propositions. His own reflections are presented in such an unostentatious mode CHARACTEll. 299 as not to offend, but to add a charm to the facts he narrates ; j^et while we must admit their ability, and the candor with which they are expressed, we cannot deny, that like some of his legal opinions, they are colored by the political sentiments which were so firmly rooted in his breast. From the date of his appointment until his decease, which took place on the 6th day of July, 1835, embracing a period of nearly thirty-five years, he continued to preside over the deliberations of that court, of which he was the brightest ornament. During this period of his chief-justiceship, which was longer than that of any other high judicial functionary with whose history we are acquainted, he was unremittingly employed in rearing that monument more durable than brass, which lives in his written constitutional opinions, and has won for him the title of the Expounder or the Constitution. We know of no language in which to delineate his private character more forcible than the following description from the pen of his intimate friend and old associate, Judge Story. " He had great simplicity of character, manners, dress and deportment ; and yet with a natural dignity that suppressed impertinence and silenced rudeness. His simplicity was never accompanied with that want of perception of what was right, and fit for the occasion ; of that grace which wins re- spect, or that propriety which constitutes the essence of re- fined courtesy. And yet it had an exquisite naivete which charmed every one, and gave a sweetness to his familiar con- versations, approaching to fascination. The first impression of a stranger upon his introduction to him, was generally that of disappointment. It seemed hardly credible, that such sim- plicity should be the accompaniment of such acknowledged 300 MARSHALL, greatness. The consciousness of power was not there ; the air of office was not there ; there was no play of the lights or shades of rank ; no study of effect in tone or bearing. You saw at once that he never thought of himself, and that he was far more anxious to know others than to be known by them. You quitted him with increased reverence for human greatness, for in him it seemed inseparable from goodness. If vanity stood abashed in his presence, it was not that he rebuked it, but that his example showed its utter nothingness." DAVID RITTENHOUSE, L. L. D, It was the proud distinction of the seventeenth century, to bear witness to the most brilliant series of astronomical dis- coveries known in the entire history of the science. The culminated labors of previous ages, the establishment of sci- entific societies under the auspices of the enlightened gov- ernments of Europe, and the erection of royal astronomical observatories, had so far enlarged the plan of observation as to render its facts practicably applicable in the development of new phenomena and laws on a comprehensive scale hith- erto unknown. The royal observatory at Paris, under La Hire and Cassini, and that at Greenwich, under Flamstead and Halley, had done much towards concentrating the known truths of the science preparatory to a series of events which may be said not only to have established a new era in as- tronomy, but to have developed a new science, destined to assume a more boundless range and loftier flight than any other department of known physical knowledge. These were the discovery of the doctrine of gravitation, by Newton, and the invention of fluxions by Newton and Leibnitz. The re- sults flowing from the establishment of these truths, rendered this age a more brilliant one in physical science than any which had preceded it, or can probably occur again. In the age immediately succeeding this, and while most of the doc- 302 RITTENHOUSE. trines of Newton were newly promulgated, and many of them held in dispute, America gave birth to a philosopher, whose introduction into the portals of science is so peculiar, as to merit a special attention. This philosopher, whose name was David Rittenhouse, was born on the 8th of April, 1732, at Germantown, near Philadelphia, where his father exercised the craft of a paper maker. This occupation appears to have been an hereditary one in the family for many successive generations, and was transferred with them as a part of their patrimony, to the new world, from the ancient city of Arnheim, upon the Rhine. Rittenhouse's ancestors emigrated to America at a very early period, probably as early as the year 1674. They ac- companied a colony of Flemings, who settled at New York, but about 1690 transferred their residence to Pennsylvania, and established their paper mills at Germantown, where one or the other of the family has since continued to reside, en- gaged in the same time honored trade with their ancestors. While David Rittenhouse was yet an infant, his father abandoned the business of paper making to his relatives, and removed to Norristown, about twenty miles distant from Phil- adelphia, where he purchased a small farm. Here David sprang into boyhood under the guidance of an exceedingly benevolent, but simple minded parent, whose ideas were limited to the few acres he was content to cultivate. Mr. Barton, with an industry worthy of commendation, has traced back the family of Rittenhouse to the old walled city upon the Rhine, in the vain endeavor of upturning some long forgotten baronial trunk, Avhereby to connect it with a lineage more noble, if not more worthy, but his labors have terminated. PARENTAGE. 303 as we imagine the subject of this memoir would have desired them to terminate, in the discovery that the chief pride of the family consisted in the excellence of the material they were skilled in making, and that they boasted no higher dis- tinction than that of simple burghers of Arnheim. The mother of Rittenhouse, whose maiden name was Eliza- beth Williams, was of Welch extraction, and was left an or- phan at a very tender age. She is represented to have been possessed of a strong, but uncultivated mind. Her natural endowments were certainly superior to those of her husband's, but were neither polished nor exalted by the skill of educa- tion. Nothing appears to show that her family possessed any greater claim to distinction than that of the Rittenhouse's, and the mind of the philosopher seems to have risen like some tall oak to a towering height above all those with whom it was allied by birth or kindred. David was intended by his father for the same occupation as himself, and it was not without many struggles that the parent, who like most of his countrymen settled in Pennsyl- vania not only at that early period but at the present day, looked upon the life of the farmer as more ennobling than that of the town tradesman, at last reluctantly consented to a different destination for his son. As soon, therefore as his youthful labors could be of any service they were employed in assisting his father in his tasks of husbandry. The advantages for obtaining an education at the period when Rittenhouse was a youth, were exceedingly limited, and from those he derived but little aid beyond the simplest rudiments. When but twelve years of age young Rittenhouse fell into 304 RITTENHOUSE the undisturbed possession of a chest of carpenter's tools, be- longing to a brother of his mother, who had died some years previous. This chest, in addition to these implements of trade, contained several elementary works on mathematical subjects, together with some manuscript calculations made by his de- ceased uncle, who had a taste for mathematics. What influ- ence this fortunate discovery had upon the direction of the thoughts of the future philosopher, it is hard to determine. Certain it is, it could not have fallen into better hands, or have been more apposite to the pursuits it aided in developing. It would seem that mathematics with him was an intuitive gift, for whilst engaged in the labors of the field, his mind, even at this early age, was employed with mathematical and astro- nomical calculations, in the ardent pursuit of which he cov- ered the fences as well as the handles of the plough, with figures, intended to demonstrate or realise the problems which engrossed his thoughts. In connexion with this mathematical turn of mind, he pos- sessed great mechanical ingenuity. This developed itself at the age of seven years, in the construction of a little water- wheel, of veiy creditable conception and workmanship, and when but seventeen years of age he had made the entire works of an excellent wooden clock. His father, who now became satisfied of his extraordinary mechanical genius, and perhaps of his unfitness for agricul- tural pursuits, yielded to the oft repeated wish of his son to allow him to change his occupation. He was accordingly supplied with means to purchase a scanty outfit in the clock and philosophical instrument making business, and provided with a workshop by the road side, upon his father's farm. EARLY EMPLOYMENTS. 305 Finding his stock of tools inadequate, he fabricated new ones, and among them many he had never seen. This occupation was looked upon by him rather as a means to enable him to indulge his enthusiastic devotion for mathematical studies, than as a pursuit for life, so that the labors of the day were scarcely terminated, ere he began a course of severe and unremitting study, frequently extended long after midnight. While thus engaged, a young Irish clergyman of the Pro- testant faith, named Barton, established a school in the imme- diate vicinity of the Rittenhouse farm. This young gentle- man became intimate with the family, and a warm friend of David's to whom he was drawn by many kindred associations of thought and feeling. It has been alleged, though without sufficient evidence, that through this acquaintanceship, Rit- tenhouse' s talents were first revealed to the world, and in part made known to himself. It would be idle to attempt to prove by any serious argument, the entire and absolute inde- pendence of a mind constituted like that of Rittenhouse's, of any acquaintance it might have formed, or aid received from others. Certainly the youthful and uneducated plough boy, who while treading in the furrows upturned by his plough, could direct his thoughts to the illimitable space that reposed in majestic beauty over his head, not in vain and childish wonderment, but in anxious endeavor to read its laws and discover the movements that regulated its countless bodies, was fully equal to the task of developing the genius that in- spired these sublime reflections. To him, every pebble re- vealed by his plough-share, and every gentle flowret that grew in his pathway, furnished a lesson and proved an instructor. 39 306 RITTENHOUSE. [1753. That this acquaintance may have been serviceable as well as agreeable to both parties, is possible, but that it was the means of directing the genius of the youth who had already become known in his own neighborhood as "a mathematician and as- tronomer," is highly improbable. The ties of friendship existing betwixt these two young friends became still further strengthened by the marriage of Barton to the sister of Rittenhouse, about two years after the commencement of their acquaintance. This marriage took jilace in the year 1753. Previous to its occurrence, Barton had removed to Philadelphia, and became one of the instruc- tors in the seminary established through the exertions of Franklin. This seminary was the embryo of the present University of Pennsylvania, whose medical department at least, has long enjoyed a preeminence far above all similar in- stitutions in the United States. We may judge of the progress made by Rittenhouse in his unaided mathematical studies, by the exalted position awarded to him by the learned world a few years later. It may be proper in this connexion, to state that about the year 1749, this academy was established mainly through the instrumentality of Franklin, upon a very respectable footing, by resources obtained from private donations, and went into operation in 1750, under the superintendence of Dr. William Smith, its first provost, an English divine of great scientific attainments, who had received the degree of Doctor of Di- vinity from the University of Oxford, and subsequently from those of Aberdeen and Dublin. This gentleman, as will shortly be seen, was among the first to welcome Rittenhouse into the society of the learned men of his day, and continued Mr. 22.] MATHEMATICAL PURSUITS. 307 through many years, not only one of his first, but one of his most steadfast friends. It is related of Rittenhouse by his friend, Doctor Rush, (and generally believed,) that, during this period of his life, his own mathematical reasonings developed to him the doc- trine of fluxions, previously discovered by Newton and Leib- nitz, but whose works and jihilosophical developments were as yet unknown to him. When about twenty-five years of age he read for the first time a copy of a translation of New- ton's Principia, which, besides opening to his mind a mine of treasure, dispelled the pleasing dream (if ever indulged) of his agency in the discovery of this important mathematical theory. With the scanty information we possess of the studies of Rittenhouse, it is impossible to determine the exact range of his thoughts or the consequences that flowed from them. It is very certain that he brought a mind of no ordinary charac- ter to the severe ordeal of mathematical reasoning, and that this mind was unaided by much previous education or many present advantages. Whether incidental hints were given of the theory of fluxions in those mathematical treatises he was fortunate enough to procure, without revealing the theory or the means of demonstrating it, or whether this was a mere rumor set afloat by idle gossip, is a conjecture which, in the absence of positive testimony, must be left open for each reader to determine, or to leave undetermined, as he deems most proper. An increase of patronage soon induced Rittenhouse to ex- tend his establishment and employ several workmen, and among the rest a younger brother named Benjamin, who, 308 RITTENHOUSE. [1763. under his direction, soon became an excellent instrument maker. David Rittenhouse was celebrated for the extreme exactness and finish of his workmanship, and enjoyed a high reputation in particular for the manufacture of chronometer clocks. One of these, of a construction peculiar to himself, is at present in the hall of the Philosophical Society at Phila- delphia. In the year 1763 he was employed by Mr. Richard Peters, the provincial secretary of the Governor of Pennsylvania, to determine the circle preparatory to a survey of the long dis- puted boundary line between Pennsylvania and Maryland, afterwards executed by Mason and Dixon in 1767-'8, and since grown into great notoriety as the dividing line betwixt the slaveholding and the non-slaveholding States of the Union. In 1766 Rittenhouse was married to Miss Eleanor Coulson, a lady of the persuasion of " Friends," and a resident of the same neighborhood with himself. On this occasion his father abandoned the homestead, and made it a free gift to his son. On the 17th of November of the following year the College of Philadelphia bestowed upon him the honorary degree of Master of Arts. That he had now established a considerable reputation as a scientific man may be seen from the following extract from the address made to him by the provost on the occasion of conferring this honorary degree: "The trustees of this college, (the faculty of professors cheerfully concur- ring,) being ever desirous to distinguish real merit, especially in the natives of this province, and well assured by the extra- ordinary progress and improvement which you have made, by a felicity of natural genius, in mechanics, mathematics, astro- nomy, and other liberal arts and sciences, all which you have JEt. 32.] INVENTION OF THE ORRERY. 309 adorned by singular modesty and irreproachable morals, have authorized and required me to admit you to the honorary degree of Master of Arts." His thoughts, for some time prior to this period, had been turned to the construction of an orrery on new principles. The first written communication extant on this subject is addressed to Mr. Barton, and appears to have been part of an antecedent correspondence on the same topic. It is dated January 28th, 1767: "I do not design a machine which will give the ignorant in astronomy a just view of the solar system, but would rather astonish the skilful and curious observer by a most accurate correspondence between the situations and motions of our little representatives of the heavenly bodies and the situations and motions of those bodies themselves. I would have my orrery really useful by making it capable of informing us truly of the astronomical phenomena for any particular point of time, which I do not find that any orrery yet made can do." . For the benefit of the general reader, we will remark that an orrery is an instrument or machine which, by means of a very complex combination of wheels, exhibits the different movements of the heavenly bodies. The term is derived from the Earl of Orrery, for whom one of those instruments was made by an astronomical instrument maker named Row- ley, to whom the credit of the invention was given by Sir Richard Steele, and the name applied as a compliment to his generous and noble patron. It appears, however, that about the year 1715, an instrument similar to the one executed by Rowley was originated and made by Mr. George Graham, for 310 RITTENHOUSE. [1768. Prince Eugene, and it is generally supposed that Rowley merely copied it, with some additions of his own. Planetary machines, having the earth as a centre, were in use at a very early period ; but the earliest one constructed on Copernicus' theory of the earth's motion was planned by Huygens in the latter pai't of the sixteenth century. Its movements were regulated by a carefully calculated wheel work, and it received its impulsion from a spring governed by a balance. This machine, from which the invention of the more intricate one of the orrery flowed, served for a long time as its pattern ; indeed the principal part of every orrery is the wheel work of the Huygens planetarium. The persons who had succeeded in adding any thing to this instrument, before the invention of Rittenhouse's orrery, were the original inventor, Graham, Rowley, (of whom mention has already been made,) T. Wright, mathematical instrument maker to George 11., who constructed the beautiful orrery at the Richmond Observatory, England, in 1733, and Mr. Ben- jamin Martin, who proposed to add what he termed a tellurian portion, described in his Mathematical Institutions, but never carried into execution by him. A description of Rittenhouse's orrery, in general terms, was communicated to the American Philosophical Society on the 21st of March, 1768, by Dr. Smith, and appears as the first paper in the first volume of the Society's Transactions, and is as follows : " This machine is intended to have three faces standing perpendicular to the horizon. That in the front to be four feet square, made of sheet brass curiously polished, silvered and painted in proper places and otherwise ornamented. From vEt. 37.] DESCRIPTION OF THE ORRERY. 311 the centre arises an axis, to support a gilded brass ball, in- tended to represent the sun. Round this ball move others, made of brass or ivory, to represent planets. They are to move in elliptical orbits, having the centre ball in one focus ; and their motions to be sometimes swifter, and sometimes slower, as nearly according to the true law of an equable description of areas as is possible, without too great a compli- cation of wheel work. The orbit of each planet is likewise to be properly inclined to those of the others, and their aphelia and nodes justly placed, and their velocities so accu- rately adjusted as not to differ sensibly from the tables of as- tronomy in some thousands of years. " For the greater beauty of the instrument, the balls rep- resenting the planets are to be of considerable bigness ; but so contrived that they may be taken off at pleasure and others much smaller and fitter for some purposes, put in their places. "When the machine is put in motion, by the turning of a winch, there are three indexes, which point out the hour of the day, of the month and the year, (according to the Julian account) answering to that situation of the heavenly bodies which it then represented ; and so continually for a period of five thousand years, either forward or backward. "In order to know the true situation of a planet, at any particular time, the same set of balls are to be put each on its respective axis, then the winch to be turned round till each index points to the given time, then a small telescope made for the purpose is to be applied to the central ball, and direct- ing it to the planet, its longitude and inclination will be seen on a large brass circle, silvered and properly graduated, rep- resenting the zodiac, and having a motion of one degree in 312 RITTENHOUSE. [l769. seventy -two years, agreeably to the precision of the equinoxes. So, likewise, by applying the telescope to the ball represent- ing the earth, and directing it to any planet, then will both the longitude and latitude of that planet be pointed out, (by an index and graduated circle) as seen from the earth. " The two lesser faces, are four feet in height, and two feet three inches in breadth. One of them represents and exhibits all the appearances of Jupiter and his satellites, their eclipses, transits, and inclinations. Likewise all the appearances of Saturn, with his ring and satellites. And the other represents all the phenomena of the Moon, particularly the exact time, quantity and duration of her eclipses, and those of the Sun oc- casioned by her intei-jsosition, with a most curious contrivance for exhibiting the appearance of a solar eclipse, at any particu- lar place on the earth. Likewise the true place of the Moon in the signs, with her latitude and the place of her apogee, and nodes, and the Sun's declination, equation of time, &c. It must be understood that all these motions are to correspond exactly with the celestial motions, and not to differ some de- grees as in common orreries. "The whole may be adjusted to, and kept in motion by a strong pendulum clock, nevertheless at liberty to be turned by the winch, and adjusted to any time, past and future." This description of the orrery was drawn up by Ritten- house himself, but no mention is made of the exact means by which these results are continually produced at plea- sure, nor of the combinations of wheel mechanism pecu- liar to this one. It is not a little singular that the labors of Rittenhouse in this particular should have been almost entirely overlooked by subsequent writers on astronomical subjects, iEx. 38.] PURCHASED BY PRINCETON. 313 although those of a later period, as Joseph Priestly and Jan- vier's, have met with due consideration. This may be due to the circumstance that no detailed account of its mechanism was ever given to the public either by the author himself or the learned society under whose auspices it was first intro- duced to public attention. It attracted at the time of its appearance much attention, and gave rise to a considerable competition by different col- leges for its ultimate possession. Whilst the College of Philadelphia was negotiating for its purchase, Princeton College, of New Jersey, sent a deputa- tion, at the head of which was the president of the institution. Dr. Witherspoon, to Norriton to examine it, on the 23d of April, 1770. This committee were so much pleased with the instrument that they purchased it at once, and thus Princeton bore off the palm from Philadelphia in obtaining possession of the first orrery made by Rittenhouse, and beyond doubt the most complete one in the world. Dr. Smith, the provost of the Philadelphia College, in ? letter to Barton, written immediately after the sale of the orrery to Princeton College, remarks: "I never met with greater mortification than to find Mr. Rittenhouse had, in my absence, made a sort of agreement to let his orrery go to the Jersey college. I had constantly told him that if the Assem- bly did not take it, I would take it for our college, and would have paid him the full sum, should I have begged the money. I thought I could depend, as much as on any thing under the sun, that after Mr. Rittenhouse knew my intentions about it, he would not have listened to any proposal for disposing of it without advising me, and giving our college the first opppr- 40 314 RITTENHOUSE. [1769. tunity to purchase. I think Mr. Rittenhouse was never so little himself as to suffer himself to be taken off his guard on this occasion. This province is willing to honor him as her own." Mr. Rittenhouse partook very sensibly of these unpleasant feelings, fearing lest he might be thought to act a part of cun- ning not in keeping with his character. He thus writes to Barton concerning it : "I would not on any account incur the imputation of cunning, nor are there probably many persons living who deserve it less ; yet I am greatly mistaken if this matter does not, in the end, turn to my advantage, and conse- quently to your satisfaction. At present the point is settled as follows : I am to begin another immediately and finish it expeditiously for the college at Philadelphia. This I am not sorry for, since the making of a second will be but amuse- ment compared with the first. And who knows but that the rest of the colonies may catch the contagion?" Yet even this did not appear to satisfy the citizens of Phila- delphia ; for Dr. Smith, writing to Barton soon after, says : " The governor says the orrery shall not go ; he would rather pay for it himself. He has ordered a meeting of the trustees on Tuesday next, and declares it as his opinion that we ought to have the first orrery, and not the second, even if the sec- ond should be best." It will be seen by this correspondence how distinguished a reputation our philosopher had already obtained at home, and how anxious they were to preserve the first works of his ge- nius as trophies for coming ages. One of the causes of this well-earned reputation we will now attempt to develope. The attention of the learned world had for some time been ^T. 38.] TRANSIT OF VENUS. 315 directed to a phenomerxa of rare occurrence, about to take place, and different governments had prepared observatories at different and distant parts of the earth, to note its visible appearances. This was the transit of Venus, which was to occur on the third of June, 1769. These transits may be thus briefly explained. Certain planets whose orbits are within the range of that of the earth's and are denominated inferior planets, at distant intervals pass a line, which begin- ning at the sun's centre, traverses their nodes, and penetrate the earth. When this juxtaposition occurs, they seem to pass over successive parts of the sun, and by their opacity to eclipse portions of its surface, exhibiting the appearances ob- served in ordinary eclipses. The transits of Mercury are more frequent, but those of Venus are of rare occurrence. The first transit of Mercury was observed November 6th, 1631, including which thirty transits have already taken place, and six more will occur within the present century. The first transit of Venus was observed on December 4th, 1639, the second, 5th of June, 1761, and the third was now about to take place. No other has since occurred, nor is it expected before December 8th, 1874, so that upwards of a century will have elapsed betwixt the last and the coming appearance of this phenomena. The advantages of observing these transits as pointed out by Halley, are in computing longitude, in ascertaining its ac- tual distance from the earth and sun, and in correcting the tables of the planet itself. The American Philosophical Society ajDpointed a committee of its members in August, 1768, among whom was Ritten- house, to observe and report on this transit. The committee 316 RITTENHOUSE. [1769. were divided into three sections, one of which was to be sta- tioned at the light house near Cape Henlopen, on the Dela- ware bay, the second at an observatory erected for the occa- sion, in the State House gardens, at Philadelphia, and the third at Mr. Rittenhouse's residence, at Norriton, under his immediate superintendence. An appropriation for defraying the expenses incident to fitting up these observatories, was made by the society, and an additional sum voted by the le- gislative assembly. With these funds, and the great personal exertions of Dr. Smith, who was the chairman of the com- mittee, the three observatories were completed. That at Nor- riton is the only one whose arrangements we shall stop to consider. The edifice for this was erected near the dwelling of Rit- tenhouse. It was commenced in November, 1768, but from delays in procuring workmen, was not completed before the following April. Considerable difficulty presented itself in procuring the necessary instruments, but through Dr. Smith's exertions, an excellent Gregorian reflecting telescope, with Doland's Micrometer, the best in use, was sent from London for the purpose, by Hon. T. Penn, and afterwards presented in his name to the college. An astronomical quadrant of two and a half feet radius, made by Sisson, a Refractor of forty- two feet, its magnifying power about 140, an equal altitude instrument, its telescope three and a half feet focal length, with two horizontal hairs, and a vertical one in its focus, firmly supported on a stone pedestal, a transit telescope fixed in the meridian on an axis, with fine steel points, so that the hair in its focus could move in no other direction than along the meridian, and an excellent time piece, having for ^T. 38.] PREPARATIONS FOR OBSERVATION. 317 its pendulum rod, a flat steel bar, with a bob weighing about twelve pounds, and vibrating in a small arch, were also pro- cured. The last three were made by Rittenhouse himself. With these arrangements for observation, joined to a com- plete skill in mechanics, and an astronomical and mathemat- ical knowledge so extensive, that the use, management, and even construction of every necessary apparatus was perfectly familiar to him, he commenced a series of observations to test the accuracy of his instruments, and more particularly to de- termine the longitude of the observatory, and the correctness of his time. In his report to Dr. Smith, he says, " I had for some time expected the use of an equal altitude instrument from Phila- delphia, but finding I could not depend on having it, I fell to work, and made one of as simple a construction as I could, March 20th, this instrument was finished and put up out of doors, the observatory not being yet ready." " I had, for some weeks before this, with my thirty-six feet Refractor, observed eclipses of Jupiter's satellites in such a manner, that though my equal altitude instrument was not finished, and consequently I could not set my time piece to the true noon, I should nevertheless be able to tell the time of those eclipses afterwards, when the instrument should be ready. For this purpose, I observed almost every fair even- ing, the time by the clock when the bright star in Orion dis- appeared behind a fixed obstacle, by applying my eye to a small sight-hole, made through a piece of brass fastened to a strong post. " From this time to May 20th, the clock was altered sev- eral times ; once taken down, cleaned, removed back to the> 318 RITTENHOUSE. [1769. observatory, and regulated anew. Care was however taken to observe equal altitudes of the sun on the days preceding any visible eclipse of the first satellite, when the weather would permit. " May 20th in the morning, the clock was set up for the last time, pretty near the mean time. It had no provision for preventing the irregularities arising from heat and cold, nor could I find leisure to apply any contrivance of this sort. This day I had likewise put wires instead of hairs, in the tel- escope of the equal altitude instrument, and the following are the observations taken both with it, and with the meridian or transit telescope." The observations which exhibit great care and accuracy are omitted, as they would be of interest only to the scientific reader, who can consult them at large, in the Transactions of the American Philosophical Society, as well as those of the Royal Society, at London, for the year 1769. In reporting these observations to the Society, Dr. Smith adds : " So far, I have given Mr. Rittenhouse's observations previous and subsequent to the transit, for ascertaining the going of his time piece, and fixing the latitude and longitude of the observatory, from February 15th to July 8th, by which it will appear what laudable diligence he hath used in these material articles." With these careful preparations for exact observations made by Rittenhouse to aid them, the committee, consisting of Smith, Lukens and Sellers, met at Norriton, on Thursday, June 1st, intending to remain with Rittenhouse until the transit should have occurred. On that day, and several pre- ceding it, the sky had been overcast with clouds, attended by ^T. 38.] DOUBTS AND HOPES. 319 heavy showers, and the prospect for witnessing a phenomena which could never be observed by them again, appeared gloomy enough. On the evening of the day of their arrival however, by one of those transitions so common at this season of the year, the clouds were suddenly dispelled and the sky became beautifully serene. The following day was spent in marking the foci of the tel- escopes, placing the reflector on a polar axis, giving supports to the ends of the refractors, taking diameters of the sun, and a variety of other minute preparations, prior to a concen- tration of the whole powers of their astronomical apparatus upon one phenomena of momentary duration, fraught with more important results than any other which could possibly occur to them again. The heavens were watched by them with an anxiety they had never felt before. The previous heavy rains had given to the atmosphere an uncommon clearness and purity, and to the sky a transparent and azure blue, of enchanting loveliness. The rays of the sun shone out with a force as intense as the sky was clear and beautiful, and all nature seemed clothed in an aspect too lovely to continue thus for any length of time. It was not without considerable anxiety that they saw the sun sink in the west ; nor did they retire to rest without those al- ternate emotions of hope and fear, which the coming of the remarkable event they were about to witness, heaven pro- pitious, but which the passage of one little cloud over the sun's disc at an unfortunate moment might blot out from their view, was calculated to inspire. We may readily enter into the feelings of delight with which they saw the sun arise on the following morning, 320 RITTENHOUSE. [1769. without a cloud to mar its brightness, or intercept the sight they were about to witness. Mr. Rittenhouse had, by pre- vious calculation, made the external contact to be June 3d, 2h. 11'; for the latitude 40° N. and longitude 5h. W. of Greenwich. For half an hour before the arrival of this time, one or the other of the committee was engaged in watching the sun's limb where the planet was expected. As the mo- ment approached, they arranged themselves before their in- struments, having previously adopted the following signals, prepared by Dr. Smith, so that the silence, so important to their success, might remain unbroken. "First. That each of us might the better exercise our own judgment, without being influenced, or thrown into any agi- tation by the others, it was agreed to transact every thing by signals, and that one should not know what another was doing. The situation of the telescopes, the two refractors being at some distance without the observatory, and the reflector within, favored this design. " Secondly. Two persons, Mr. Sellers, one of our committee, and Mr. Archibald M' Clean, both well accustomed to matters of this kind, were placed at one window of the observatory, to count the clock and the signal from Mr. Lukens. Two of Mr. Rittenhouse's family, whom he had often employed to count the clock for him in his observations, were placed at another window to take his signal. My telescop^ was placed close by the clock, and I was to count its beats, and set down my own time. These preliminaries being settled, we pre- pared at two o'clock to sit down to our respective telescopes, or (I should rather say) lie down to the refractors, on account of the Sun's great height. 1 .Et. 38.] ACCOUNT OF THE CONTACTS. 321 " As there was a large concourse of the inhabitants of the country, and many from the city, we were apprehensive that our scheme for silence might be defeated by some of them speaking, when they should see any of the signals for the contacts ; and therefore we found it necessary to tell them that the success of our observation would depend on their keeping a profound silence till the contacts were over. And to do them justice, during the twelve minutes that ensued, there could not have been a more solemn pause of silence and expectation, if each individual had been waiting for the sen- tence that was to give him life or death. So regular and quiet was the whole, that far from hearing a whisper or word spoken, I did not even h%a.T the feet of the counters, who passed be- hind me from the windows to the clock, and was surprised when I turned from my telescope to the clock, to find them all there before me, counting up their seconds to an even number; as I imagined, from the deep silence, that my asso- ciates had yet seen nothing of Venus." The following is Mr. Rittenhouse's account of the contacts : "At 2h. 11' 39" per clock, the Rev. Mr. Barton of Lancas- ter, who assisted me at the telescope, on receiving my signal, as had been agreed, instantaneously communicated it to the counters at the window, by waving a handkerchief, who walking softly to the clock, counting seconds as they went along, noted down their times separately, agreeing to the same second. And three seconds sooner than this, to the best of my judgment, was the time when the least impression made by Venus on the Sun's limb, could be seen by my telescope. "When the planet had advanced about one-third of its di- ameter on the Sun, as I was steadily viewing its progress, my 41 322 RITTENHOUSE. [1769,. sight was suddenly attracted by a beam of light which broke through on that side of Venus yet off the sun. Its figure was that of a broad based pyramid, situated about forty or forty- five degrees on the limb of Venus, from a line passing through her centre and the Sun's, and to the left hand of that line, as seen through my telescope, which inverted. About the same time, the Sun's light began to spread round Venus on each side, from the points where their limbs intersected each other. " As Venus advanced, the point of the pyramid still grew lower, its circular base wider, until it met the light which crept round from the points of intersection of the two limbs, so that when half the planet appeared on the Svm, the other half yet off, the Sun was entirely surrounded by a semicir- cular light, best defined on the side next to the body of Venus, which continually grew brighter till the end of the internal contact. " Imagination cannot form any thing more beautifully serene and quiet than was the air during the whole time ; nor did I ever see the Sun's limb more perfectly defined or more free from any tremulous motion ; to which his great al- titude undoubtedly contributed much. "When the internal contact (as it is called) drew nigh, I foresaw that it would be very difficult to fix the time with any certainty, on account of the great breadth and brightness of the light which surrounded that part of Venus yet off" the Sun. After some consideration, I resolved to judge as well as T could, of the coincidence of the limbs, and accordingly gave the signal for the internal contact at 2h. 28' 45" by the clock, and immediately began to count seconds, which any iEx. 38.] REMOVES TO PHILADELPHIA. 323 one who has been accustomed to it, may do for a minute or two, pretty near the truth. In this manner I counted no less than V 32" before the effect of the atmosphere of Venus on the Sun's limb wholly disappeared, leaving that part of the limb as well defined as the rest. From this, I concluded that I had given the signal for the internal contact too soon ; and the times given by the other observers at Norriton, confirm me in this opinion." Whatever opinion may have been entertained of Ritten- house's abilities prior to this period, it is evident that his ob- servations on the transit of Venus not only placed him far above his associates in the investigation, but established for him a reputation as a careful, exact astronomer, and profound mathematician, second to none other in the age in which he lived. " There is not another society in the world that can boast of such a member as Rittenhouse ;" writes a distin- guished European astronomer to Dr. Franklin — "theorist enough to encounter the i^roblems for determining the orbit of a comet, and also mechanic enough to make with his own hands an equal altitude instrument, a transit telescope and a time piece." On the 9th of November, 1769, he was engaged with his old associates in observing a transit of Mercury at Norriton observatory, an account of which was communicated to the Philosophical Society by Dr. Smith, on behalf of the com- mittee. He was likewise associated with these gentlemen in deter- mining the longitude of Norriton, in connexion with the sur- vey of Mason and Dixon's line. The last communication made by him to the Philosophical Society, from Norriton, is 324 RITTENHOTJSE. [1770. on some observations on a comet that appeared in June and July, 1770. This paper is daited at Norriton, July 24th, 1770. In the autumn of 1770, he yielded to the urgent appeals made to him, 'and removed to Philadelphia, It had been the purpose of his friends, foremost among whom was Dr. Smith, to procure some governmental appointment, as a means of in- ducing him to take up his residence in Pliiladelphia. When the bill for establishing a loan office was before the assembly, in the winter of 1769-'70, Dr. Smith proposed to the speaker, Joseph Galloway, to insert the name of Rittenhouse as one of the three loan commissioners to be chosen, "telling him Mr. Rit- tenhouse ought to be encouraged to come to town, to take a lead in a manufacture, optical and mathematical, which never had been attempted in America, and drew thousands of pounds to England for instruments, often ill finished, and that it would redound to the honor of Philadelphia to take a lead in this, and of the assembly to encourage it. The speaker took the proposal well, and in short, so did every person applied to, and when the vote passed the day before yesterday, for the three trustees, the whole house rose for Rittenhouse's name."* The assembly ros'e, as was feared, without finally passing the bill, and the friends of Rittenhouse were disappointed in procuring for him the commissionership, but neither himself nor his friends could fail to be gratified at the high mark of com- mendation bestowed upon him by tlie unanimous vote of the legislature, " and shews," adds Dr. Smith, " that a good man is capable of sometimes commanding all parties." Dr. Smith's kind offices did not terminate here, for on the completion of his second orrery, March 15th, 1771, it was in- * Smith's letter to Barton, 27tli January, 1770. iEx. 39.] DEATH OF MRS. Ill T T E N HO U SE . 325 troduced to the public in a course of lectures given by him, to defray the cost of its purchase. " I have been so busy," says Smith in a letter to Barton dated 23d of March, 1771, "these two months past, that I could not find a moment's leisure to write. A good deal of time was to be given to the public lectures, the orrery, and getting our dear friend Ritten- house brought into as advantageous a light as possible, on his first entrance into this town as an inhabitant, all which has succeeded to our utmost wishes ; and the notice taken of him by the province is equally to his honor and theirs. The loss of his wife has greatly disconcerted him ; but we try to keep up his spirits under it." How deeply he was affected by this incident mentioned in the concluding paragraf)h of this letter, may be seen by the following remark in a letter to Barton. "I suppose you have been informed that the assembly have made me a donation of three hundred pounds. This would have been very agreeable to me if my poor Eleanor had lived ; but now, neither money — nor reputation — has any charms, though I must think them valuable, because absolutely necessary in this unhappy life." He appears about this period to have contemplated a voyage (never accomplished) to Europe. In alluding to some domes- tic arrangements, made the subject of his thoughts by the death of his wife, to whom he was devotedly attached, lie writes to Barton : " What adds to my misfortune, is the hurry of business I am engaged in, and know not how to get rid of. My design at present is to keep the children with me until I can conveniently take a ramble to Europe." At the annual election of officers of the Philosophical So- ciety, held in January, 1771, Rittenhouse was named as one 326 RITTENHOUSE. [1772. of the secretaries, having become eligible by his removal to Philadelphia. From the beginning of his connexion with this society, he was not only one of its most extensive con- tributors, but also one of its most devoted friends. The ad- vantages which it presented in its library, and the constant association with its members to further his scientific pursuits, proved one of the chief inducements that drew him from his beloved retirement, to the less congenial life of the city. During the three following years he was occupied mainly with his philosophic studies, and was one of the most con- stant attendants upon its meetings. During this interval he likewise found time and opportunity to repair the loss he had experienced in the death of his wife, by the selection of a new one, to whom he was married in December, 1772. The name of this lady was Miss Hannah Jacobs. She died in October, 1799. Rittenhouse, philosopher as he was, seemed entirely un- suited for a single life. With a chronic complaint for his con- stant and unremitting attendant, and deprived of the social intercourse to which he had heretofore been accustomed, the brief period of his widowhood proved to be the most unhappy of his life, and so great was his despondency that his friends began to entertain serious fear lest it might settle into a con- firmed melancholy. The change in his domestic relations, together with his return to the active emijloyments from which he had briefly retired, served to re-animate anew his flagging spirits, and restored him to his accustomed equanimity. From this time he may be looked upon as enjoying the ad- vantages already acquired from his previously established dis- tinguished reputation, and his future official employments JEt. 41.] PU BLIC EMPLOYMENTS. 327 seemed but a natural consequence of his admitted preeminent qualifications J united to great private worth and probity of character. The first of these public employments was conferred upon him by an act of the legislature, of the 26th of February, 1773, by which he was appointed the first of three commissioners named in the act, to make the Schuylkill navigable. His connexion with this commission continued eleven years. On the 24th of October, 1774, he was chosen by Governor Penn, a commissioner on the part of Pennsylvania, to run a boundary line between that colony and New York. The disturbances which arose about this period, betwixt the colo- nies and the mother country, and which resulted in effect- ing so material a change in their relations, prevented him from doing any thing more than to determine the forty-third degree of north latitude, or north-eastern boundary of Penn- sylvania. Although a life of retirement, or one engaged in philo- sophic investigations, was that most congenial to his feel- ings, yet on the election of Franklin to the newly appointed Congress, he could not resist the appeal made to him by his friends to fill the position in the State Assembly, made va- cant by that eminent personage. In 1776, immediately after the declaration of independence, he was appointed one of twenty-four justices for the State, and in that capacity become a member of the important council of safety, a po- sition bestowed only on the most trustworthy and influential citizens. In 1777 he received from the first legislature assembled under the new order of things, the appointment of State 328 RITTENHOUSE. [1780. Treasurer, by a unanimous vote, a flattering, and at the same time, fit reward for that " stern integrity and uniform ad- herence to those principles which gave rise to the American revolution" that had hitherto characterised him. In 1779, he was appointed one of the commissioners to de- termine the boundary line then in dispute, between Pennsyl- vania and Virginia; in 1780, a trustee of the loan office of the State ; in 1784, a commissioner for determining the western boundary of the State ; in 1785, a commissioner under the authority of Congress to determine the line between Massa- chusetts and New York; and in 1792, the first director of the United States mint. This list includes only those official ap- pointments, requiring his undivided attention for the time. In addition to these, he was honored by several others, Avhich neither furnished much pecuniary compensation, nor required much attention, and are therefore not mentioned here. Whilst thus engaged in multifarious labors, requiring no in- considerable share of attention, he allowed no opportunity to pass disregarded, that could be profitably emi)loyed in advancing the cause of astronomical science. The results of these labors were communicated from time to time to the Phil- osophical Society, where they may be consulted by those who desire to prosecute the subject more minutely than our pres- ent purpose will permit us to do. In 1772 he received the honorary degree of A. M,, from Princeton College ; in 1782, he was elected a Fellow of the Academy of Arts and Sciences at Boston; in 1784, the honorary degree of Master of Arts was conferred on him by William and Mary College, in "Vir- ginia ; in 1789, the degree of Doctor of Laws was conferred upon him by the College of New Jersey ; on the first of January, iEx. 49.1 PHILOSOPHICAL SOCIETY. 329 1790, he was chosen one of the Vice Presidents of the Ameri- can Philosophical Society, and on the 17th of the following April, on the decease of Dr. Franklin, he was elected to the Presidency of that institution, which position he continued to fill until his death. During this period of his life, when offices and honors flowed in upon him with such prodigal bounty, he occupied a modest, yet respectable dwelling on the corner of Arch and Seventh streets, in Philadelphia. His family circle consisted of his wife and two interesting daughters, by his former mar- riage, now grown into womanhood, with whom he was less a father than a companion, entering with a zest into the lighter amusements that attract the fancy of youth, that could hardly be anticipated from a grave philosopher. This alternative from grave to gay, was not confined to his intercourse with the younger members of his family, but extended itself to his reading, so that with a mind possessed of a capacity to fathom the most abstruse propositions of exact science, he derived an almost childish pleasure from the perusal of works of imagin- ation and romance. His reputation as a man of science, drew around him a large number of distinguished visitors, whom he always charmed by the simplicity of his manners, and the profound- ness of his reasoning. He was a man of his day, as well as a philosopher, and so far from confining his mind to abstruse studies, was deeply read in most of the departments of polite learning. Shortly after his appointment to the presidency of the Philo- sophical Society, his health, always delicate, became so much enfeebled that he was for the most part, confined to his own 42 330 RITTENHOUSE. house, occasionally taking a little out door recreation on a pleasant day, but usually limiting himself to the little flower garden adjoining his residence, tastefully adorned and kept in oi'der by Mrs. Rittenhouse. He however, continued to pre- side at the meetings of the society, and discharged its duties with such a simplicity of character, and urbanity of disposi- tion, as warmly to attach to himself every member of the institution. He was seized, on the 22d of June, 1796, with an attack of cholera morbus, attended with a violent pain and sense of oppression in the region of the stomach, and more fever than usually attends this affection. His medical attendant, Dr. Barton, was sent for to visit him, and on his arrival, found him walking in his flower garden. The symptoms did not appear to be unusually severe, and he was led to believe that the attack would readily yield to medicine. Contrary to his expectations, he found him on the following day so much worse as to induce him to request additional medical aid, which was assented to, and Dr. Kuhn was called in consulta- tion, although the patient himself had little hopes of relief from any source. The urgency of his febrile symptoms seemed to demand the abstraction of blood. This operation afforded but temporary relief, and he died on Sunday, the 26th of June, with scarce a struggle, aged sixty-four years. He was buried, according to his particular request, without ostentation, beneath the pavement of the small observatory erected by him in his garden some years before, with a simple marble slab placed over him, bearing his name, age and time of decease. In person he was tall, slender, and somewhat delicately made. His forehead was high and expansive, his SCIENTIFIC OBSERVATIONS. 331 nose large and slightly aquiline, his mouth well formed, but prominent, his chin broad and strong, and his eyes handsome and always lit up with an expression of mingled intelligence and benevolence. In the language of Thomas Jefferson, " genius, science, purity of morals, simplicity of manners, marked him as one of nature's best samples of the perfection she can cover under the human form." If we were to estimate the value of Rittenhouse's labors by the amount of published matter he left behind, we should certainly not award him a very exalted place among the ranks of learned men, although the aggregate of his published con- tributions to science, principally made to the American Philo- sophical Society, is by no means small or trifling ; but if we are to judge him by the substantial aids he has contributed to the advancement of astronomical knowledge, few men of his age are entitled to a more distinguished consideration than himself. He was not enabled, like Herschel, with superior instruments, to read" the problem and reveal the phenomena of the milky way, which his genius had discovered, but which his defective telescope failed to penetrate ; nor like his imme- diate predecessor in the i)residential chair of the Philosophi- cal Societj-, to call down the thunder-bolt from the clouds, and disarm it of its terrors, but with extraordinary skill and perseverance, he observed and recorded astronomical phe- nomena with, an exactitude which alone gives value to the science. He was not the first observer of the transit of Venus, but what philosopher has done more to make this discovery valuable to the human race ? ELI WHITNiEY. Whitney furnishes an illustration of the truth, that a man may possess great genius, be an inventor of the highest order, and yet never write a book. Indeed his early occupations were far from favorable to literary pursuits, and even when at a later period he entered Yale College, as a student, we are unable to jDerceive that he evinced any great anxiety to excel as a literary man. On the contrary, his heart seems to have been centered in his favorite pursuit of mechanics, and his studies were prosecuted with avidity only when they tended to this point. He is said to have been an excellent mathe- matician, but was not remarkable for his attainments, as a classical scholar. His father, who resided at Westborough, in Massachusetts, at which place Eli Whitney was born on the 8th Decem- ber, 1765, was a small farmer, and managed by dint of industry to rear an increasing family, frugally yet respectably, for the most part to pursue the same quiet occupation with himself. Whitney's early years were spent in assisting his father and brothers in their agricultural pursuits ; but even at this early period he evinced a great fondness for mechanics,, and exhibited unmistakeable evidences of a high order of in- ventive genius. As might naturally be supposed, these first attempts were expended in childish inventions. Some amu- EARLY EMPLOYMENTS. 333 sing incidents are related of this portion of his life : among others it is said that his father having had occasion to absent himself from home for a few days, enquired on his return, as was his custom, into the occupation of his sons during his ab- sence. He received a good account of all of them, except Eli, who, the housekeeper Avas reluctantly obliged to confess had been engaged in making a fiddle. " Alas," said the father with a sigh and an ominous shake of the head, "I fear that Eli will have to take out his portion in fiddles." Nor can we marvel much at the parent's forebodings, when we remember how frequent a shift this is with idle and worthless boys. ) When but twelve or fourteen years of age, his reputation as a skilful mechanic had become so general, that the surrounding country people were in the habit of bringing to him jobs to execute, which he performed with such skill and neatness as always to satisfy, and not unfrequently to astonish his em- ployers. The revolutionary war by shutting out imports, raised the price of nails, which were much in demand, and exclusively wrought by hand. Whitney, when but sixteen, persuaded his father to furnish him with the necessary implements to engage in their manufacture. This occupation engaged him for upwards of two years, until the termination of the war, by bringing foreign imports in competition, greatly reduced the profits of his labor, and induced him to relinquish the business. About this period he determined to acquire a collegiate edu- cation. By dint of much perseverance and labor, both as a mechanic and in conducting a small school, he succeeded in procuring the means necessary to defray his expenses, as 334 WHITNEY. [1792. well as the education requisite to enable him to enter the Fresh- men class at Yale College, in the sj^ring of 1789, when about twenty-four years of age. It is needless to say that young Whitney, who was opposed in his scheme of college educa- tion by his family, and was obliged to procure, by his own exertions, the means of sustaining himself while engaged in its prosecution, was a diligent and laborious pupil. Here, as elsewhere, his favorite propensity manifested itself. The classics and polite literature were studied by him from ne- cessity, but mathematics, and especially those branches im- mediately relating to mechanics, from choice. In the former he was never remarkable, in the latter always a proficient. With the chaste diction, and exquisite poetical imagery of the ancient writers, he had little sympathy. The sweet toned sentences of Theocritus, the pleasing harmony of Virgil, or the graceful measure of Horace, failed to inspire his mind with their lofty and soul-stirring aspirations ; the abstruse theo- ries of Euclid, Huygens, Newton and Euler, on the contrary, were to him sources of never ceasing enjoyment. At college he did not abandon his craft in practical mechan- ism. One of the teachers mentioning on one occasion, his regret at being unable to exhibit to the class a very interesting experi- ment, on account of the condition of the philosophical appa- ratus, which no mechanic in the village was able to rectify, young Whitney volunteered the task, and soon placed the ap- paratus in complete order, very much to the gratification of his teachers, who warmly commended him for it. He graduated in 1792, and in the autumn of the same year entered into an engagement with a gentleman who resided in the State of Georgia, to become a private tutor to his children. iEx. 28.] INVENTS THE COTTON GIN. 335 He shortly after set out for that State, in order to comply with his engagement. Unfortunately he found the position he had left his home to fill, occupied by another, and was thus left without occupation or means, and almost friendless. It had been his good fortune, however to accompany a southern lady who, with her family, was returning from a northern tour, from New York to Savannah. This lady, who was the widow of General Greene, a distinguished officer of the Revolution, took a deep interest in the welfare of Whitney, iznd no sooner heard of his disappointment, than she kindly proposed to hi'^^ to make her house his home, and immediately to commence the study of the law, according to his original intention. Whitney accepted this offer, and took up his residence with her accordingly. An incident occurred here which completely changed all his views in relation to himself, for life, and called out that invention which will in all tiire rank his name among the greatest benefactors of his kind, and place him in the foremost rank of inventive geniuses. It was this : a party of gentle- men from the northern part of the State, who were on a visit to Mrs. Greene, were deprecating the almost perfect impracti- cability of so separating the seed from the upland cotton as to make its cultivation an object of importance. Mrs. Greene, who had on more occasions than one, witnessed Whitney's wonderful mechanical genius, advised her guests to appeal to him, assuring them at the same time, that he was able to ac- complish whatever mechanical task he set himself about. The guests and the future inventor of the cotton-gin, were accordingly made acquainted with each other, and he was urged by them as well as by his kind friend and patroness, 336 WHITNEY, [1793. to undertake the task. He modestly disclaimed any great knowledge of mechanics, but nevertheless agreed to make the attempt. His first object was to procure a sample of the upland cot- ton, containing the seed, which as yet he had never seen. For this purpose he made a visit to Savannah, and having succeeded in procuring the cotton in this condition, returned to commence his experiments upon it. His intentions were confined to his patroness, Mrs. Greene, and Mr. Miller, a i\ew England gentleman, who was then a tutor in Mrs. Greene's family, and afterwards became her husband. This gentleman not only warmly entered into his views, but on the completion of his model, became his partner in business, and furnished him with the capital necessary to carry on his operations. A separate room was assigned to him as his workshop, into which no persons were admitted except his two confidants, Mrs. Greene, (^who appears to have kept his sec7'et,) and Mr. Miller. He thus speaks of his operations at this time, in a letter addressed to Mr. Jefferson, then Secretary of State, dated the 21st of November, 1793: "Within about ten days after my first conception of the plan, I made a small, though imperfect, model. Experiments with this encouraged me to make one en a larger scale ; but the extreme difficulty of procuring workmen and proper materials in Georgia, prevented my completing the large one until some time in April last." The model machine, on a scale sufficiently large to test its practi- cability, was made entirely Avith his own hands, and with the rudest instruments. He was even obliged to draw out the ^T. 29.] THE COTTON CULTURE. 337 wire which, entered into its composition, — none being sold at that early day in Savannah. In order to understand the value of Whitney's invention, it will be necessary to give the reader a cursory view of the condition of the cotton growing interest at the time of its ap- pearance. The cotton plant, (Gossypium,) is indigenous to many warm countries, and has been cultivated and spun and wove into clothing, in India and the islands of the Indian ocean, from periods of the remotest antiquity. Pliny speaks of the cotton used by the Egyptians in his day, and Columbus relates that the natives of the American continent possessed cotton clothes on his first discovery of the Western world. The most extensive manufacturers of cotton, however, during the middle ages, were the Spaniards ; and at that period, when Spain ranked foremost in civilization and refinement, the delightful plains of Seville and Granada were no less celebrated for their picturesque beauty and high state of cul- tivation, than for the excellence of their cotton fabrics. Eng- land, at present the great manufacturing nation of the world, did not embark in this business before the middle of the sev- enteenth century. Its progress was exceedingly slow before the patent of Arkwright for spinning was obtained in 1769, and even with this additional aid its advance was far from rapid, until the discovery of Whitney, by rendering its cul- ture an object of importance to the American States, at once inspired new life into this branch of English industry. An idea of the estimate in which the cultivation of cotton, was held at the termination of the last century, by our gov- ernment, may be formed from the circumstance that Mr. Jay, in nego'fiating a commercial treaty with the English govern- 43 338 WHITNEY ment, permitted an article to be introduced into the treaty, in which the export was prohibited in American vessels, from the United States, of such articles as had formerly been sup- plied by the West Indies. Cotton was included among these articles ; its export at that period not being considered of im- portance enough to attract the particular attention of our dis- tinguished minister. There was at that period, as now, two distinct species of cotton grown in the United States, known by the appellations of the long and short stapled cotton. The best specimens of the former were called sea-island cotton, and were cultivated on the sandy islands which dot the shores of the lower Carolina and Georgia. It is supposed that the spray of the sea exer- cises a peculiar influence upon it, rendering its filaments longer and more silky, for wiien the plants are transplanted beyond the influence of the salt water, these qualities dete- riorate. The upland cotton, or that grown in the interior, is known by the name of short staple or bowed cotton. This lat- ter appellation was given to it on account of the process for- merly made use of to separate the seeds from the filaments. This was by striking masses of the cotton pods violently with bows, to which strings were attached, for the purpose of loos- ening them before attempting to separate the seeds by hand. This cotton also goes by the name of green seed cotton, which adheres with much more tenacity to the filaments of cotton than the black seeds, which characterize the sea-island spe- cies. The soil adapted to the growth of the sea-island cotton, is necessarily limited, while almost every acre of land in the Southern tier of the United States, is fitted for the culture of the short stapled cotton. It was for the purpose of separating descriptkIn'of the gin. 339 the seed from this latter, that the gin of Whitney was in- vented, and on its success depended the applicability of the entire range of Southern States to the culture of this article. It is not surprising, therefore, that this invention should have been hailed with the greatest raptures of delight, and that those who witnessed its capacity to perform in a single day the labors of many months, should have indulged in the most brilliant imaginings as to the future prospects of the cot- ton-planting interest of the United States ; nor could it be otherwise than that its young inventor should have felt almost within his grasp that golden harvest which all were assured would flow in upon him through the medium of his riuspicious and well-timed invention. Who then could Lave imag-ined that this brilliant picture was soon to be succeeded by one blackened w^ith the clouds of misfortune and disappointment; — but we anticipate. Whitney's machine consists of a cylinder whose surface is covered with iron teeth about three-fourths of an inch apart, presenting a serrated appearance. During the revolutions of the cylinder, these teeth seize upon the cotton avooI, and draw it through the openings in a number of iron straps pla- ced in contact with them, from the hopper into which the cot- ton is placed. These openings are made too narrow to permit the seeds to pass through, and they are brushed from tlie plates into a receiver below. The revolving cylinder, with the cotton attached, meets with a second cylinder, moving in an opposite direction, supplied with brushes, which removes the cotton from the teeth of the first cylinder. The teeth of the first gins were made of wire. The execution of this ma- chine is as effective as its construction is simple. It may be 340 WHITNEY. worked by men, oxen or water. A gin worked by oxen will clean from six to nine hundred pounds of cotton in a day. Before this invention it required the labor of a hand a day to separate the seed from fifty pounds of cotton. Mr. Whitney, in a correspondence between Fulton and himself, with great justice remarks : " My invention was new and distinct from every other — it stood alone. It was not in- terwoven with any thing known before ; and it can seldom happen that an invention or an improvement is so strongly marked, and can be so clearly and specially identified." It had been deemed prudent not to exhibit the machine to the public until Mr. Whitney had secured his right to it by patent ; but before he could complete his model, his workshop was broken open and the machine stolen. In this manner it be- came public before it was patented, and a horde of imitators immediately set to work to manufacture new ones upon his principle, but varying in some slight degree in order to avoid prosecutions under a patent. Considerable delay occurred in obtaining the patent, for although he presented his petition to the government on the 20th of June, 1793, it was not until nearly the close of that year that letters were issued confirm- ing his right. In the meantime, a number of persons engaged in manufacturing the gins, and boldly claimed a title to the invention. By an arrangement entered into between Mr. Miller (who had become his partner,) and himself, he re- paired to New England immediately after filing his petition for a patent, and commenced the manufacture of gins. Un- fortunately they did not confine their views to the man- ufacture and sale of the gins themselves, but aimed to engross the entire business of cleaning the cotton. The MISFORTUNES. 341 cotton planters the following year planted greatly increased crops of cotton, on the faith that they would be made market- able by the gin. The profits to be derived from the gin, one- third of the entire cotton crop, which was then selling at twenty-five cents per pound, seemed to open to them a road to magnificent and speedy wealth ; but a series of misfortunes occurred which closed up their immediate avenue to pros- perity, and involved their concerns in a long train of per- plexities and embarrassments. In the spring of 1794, Whitney visited Georgia, for the purpose of efl^ecting arrangements to clean the cotton crop from seeds with such machines as he had previously made. He returned shortly after to New Haven, Connecticut, and with limited means set about preparing gins, but so greatly had the crop increased, that he found himself unable to meet the demand. The planters were therefore, glad to resort to other machines, and in a short time they met with a formida- ble competition in several others based upon Whitney's origi- nal principle. The most pressing embarrassment under which they labored, was a want of money ; for although Mr. Miller had advanced some means, they seem, from their correspon- dence, to have been obliged to resort to all manner of expe- dients to supply the expenditures incident on the manufacture of the gins, frequently borrowing it at the most ruinous rates of interest. To add to his misfortunes, while on a visit at New York, he received information that his shop, together with all its contents, including a number of newly manufac- tured machines, and all his books and papers, had been con- sumed by fire, by which he was reduced to a state of com- plete insolvency. 342 WHITNEY. [1794. As if to crush every remaining hope, a prejudice was ex- cited in the minds of the manufacturers in England against the cotton cleaned by the gin. It was admitted to be freer from seeds than that picked by hands, but it was said to ren- der the cotton fibre brittle, and thus weaken the texture of the fabric manufactured from it. The manufacturers refused to purchase it, and Mr. Miller writes to Mr. Whitney that " Every one is afraid of the cotton. Not a purchaser in Savan- nah will pay a full price for it. Even the merchants with whom I have made a contract for purchasing, begin to part with their money reluctantly." Not only policy, but the very existence of their enterprise, dictated to Whitney to repair immediately to England for the purpose of disabusing the minds of the manufacturers on this prejudice against ginned cotton ; yet so straitened were their finances at this period, that neither Whitney nor his partner appear to have retained sufficient credit to borrow the sum of money necessary to defray the expenses of the journey. His anxiety to visit England was so great, that he was five or six times on the point of departure during the year 1796, but was as frequently deterred by disappointments in obtaining the requisite means, and was finally obliged to abandon the jour- ney altogether. As the hopes of accomplishing this under- taking diminished, his partner wrote to him from Georgia: "In the event of this failure, I can only take to myself the one half the blame which may attach itself to our misplaced confidence in the public opinion. I confess myself to have been entirely deceived in supposing that an egregious error, and a general deception, with regard to the quality of our cot- ton, could not long continue to influence the whole of the ^T. 30.] UNFOUNDED PREJUDICE. 343 manufacturing, the mercantile, and the planting interests, against us. But the reverse of this fact, allowing the staple of our cotton to be uninjured, has, to our sorrow, proved true, and I have long apprehended that our ruin would be the in- evitable consqeuence."* The letter from which this extract is made, bears date in the spring of 1797, at which period they appear to have had no less than twenty-eight gins, calculated for horse and water power, lying idle for want of employment, in the State of Georgia. The only hope of restoring the value of this prop- erty, upon which had been expended many thousand dollars more than either Whitney or his partner were worth, was in reviving the lost confidence in the cotton ginned by them. So long as the article continued unmarketable the planters hesitated to make use of the machine, and the merchants to purchase it. The hope indulged in Mr. Miller's letter, that this error would not long influence the whole of the manufac- turing interest against them, at last began to be realized. A reaction as gratifying as it was sudden, now set decidedly in favor of the cotton cleaned by the gin, and the merchants, who had but a short time previous looked with suspicion upon the article, eagerly sought it out as most desirable for the manufacturers' purposes. Their gins were again restored to, partial employment, and fortune, which had so long withheld its favors, seemed at last about to dawn upon their hopes in cloudless brilliancy. But here too, as at every previous step of their progress, they were doomed to encounter bitter disappointments. The difficulties in procuring the gins, encouraged a large number *Sillimau's Journal. 344 WHITNEY. [1797. of unprincipled persons to attempt a violation of their patent, on the most flimsy pretences, and they were compelled to insti- tute a series of harassing and interminable lawsuits against the infringers of the patent, to protect themselves. The first of. these trials, to the surprise not only of the plaintiff, but the defendant, was decided against Whitney's patent. The pop- ular opinion seemed to be with them, and the judge charged the jury to bring in a verdict in favor of the plaintiff, yet after an hour's consultation they rendered a verdict against the instructions of the court, on the ground that the violation of the law consisted in the several items of "making, devising, and using, or selling," while their charge consisted in "using:" alone. The failure of this suit increased the en- couragement to disregard the patent, and in a short time the whole cotton-growing portions of Georgia and South Carolina, became flooded with surreptitious gins to such an extent as not only to prevent the sale of the original gin, but almost to preclude its use. The next step taken by Whitney was, to appeal to the le- gislature of South Carolina to purchase his patent for the State, to which measure he had been urged by a number of influential citizens, for one hundred thousand dollars. The result of this appeal may be learned from a letter addressed by him to a friend on the subject, immediately after the ad- journment of the session of the legislature which acted on the subject : " I have been at this place a little more than two weeks, attending the legislature. They closed their session at ten o'clock last evening. A few hours previous to their adjourn- ment, they voted to purchase, for the State of South Carolina, iEx. 33.] TAX ON THE COTTON GIN. 345 my patent right to the machine for cleaning cotton, at fifty thousand dollars, of which sum, twenty thousand is to be paid in hand, and the remainder in three annual payments, of ten thousand dollars each." The States of North Carolina and Tennessee, each of which had now directed their attention to the culture of cotton, seemed to be willing to award him a meed of justice, and af- ter numerous public meetings in both of these States, at one of which the late president, Andrew Jackson, presided, the subject was formally brought before both legislatures. The legislature of North Carolina laid a tax of two shillings and six pence on every saw used in ginning cotton, for five years, to be collected by the State and to be paid to Whitney. The tax levied by the State of Tennessee was thirty-seven and a half cents on every saw used in the State, to be continued for four years, and collected as in the State of North Carolina. Thus after so many years of toil and disappointment, in which thousands of individuals had become enriched through the medium of his invention, the projector seemed on the eve of realizing some substantial compensation for his labors. But here too, the sparkling cup of prosperity was presented to his parched lips only to be snatched away ere he could quaff its vivifying draught. The State of South Carolina, by a subsequent law, not only suspended the payment of the sums yet due under its former law, but directed that a suit should be instituted against Whitney and his partner, for the recovery of the money already paid to them. The grounds of this second law, were, first, that it was a matter of doubt whether the gin of Whitney was an original invention, and second, his failure to comply with the law by furnishing within 44 346 WHITNEY. [1807. a specified time two model machines to the State. This second law was subsequently repealed, and full justice awarded to him by the State, but the blow which this act of the legisla- ture inflicted upon him was severely felt. The States of North Carolina and Tennessee, on witnessing the action of South Carolina, wavered in their course, and failed to collect with regularity the tax imposed by their legislatures. In ad- dition to this, the suits, of which some hundred were insti- tuted, were seriously affected, and required greater exertions and a larger amount of proof to sustain them. We do not intend to follow Mr. Whitney through these numerous law suits, but will content ourselves with giving the opinion of Judge Johnson, which sets forth clearly and and concisely the facts of the case in which it was given, and wiU with equal force apply to all the others. The case in which this opinion was delivered, was that of Whitney vs. Fort, tried in Savannah, in December, 1807, asking for an injunction. " The complainants, in this case, are proprietors of the ma- chine called the saw gin. The use of which is to detach the short staple cotton from its seed. "The defendant, in violation of their patent right, has con- structed, and continues to use this machine ; and the object of this suit is to obtain a perpetual injunction to prevent a continuance of this infraction of complainant's right. " Defendant admits most of the facts in the bill set forth, but contends that the complainants are not entitled to the bene- fits of the act of Congress on this subject, because — 1st. The invention is not original. 2d. Is not useful. Mt. 43.] OPINION OF JUDGE JOHNSON. 347 3d. That the machine which he uses is materially different from their invention, in the application of an improvement, the invention of another person. " The court will proceed to make a few remarks upon the several points as they have been presented to their view : whether the defendant was now at liberty to set up this de- fence whilst the patent right of complainants remains unre- pealed, has not been made a question, and they will therefore not consider it. " To support the originality of the invention, the complain- ants have produced a variety of depositions of witnesses, ex- amined under commission, whose examination expressly proves the origin, progress and completion of the machine by Whit- ney, one of the co-partners. Persons who were made privy to its first discovery, testify to the several experiments which he made in their presence before he ventured to expose his invention to the scrutiny of the public eye. But it is not ne- cessary to resort to such testimony to maintain this point. The jealous}'^ of the artist to maintain that reputation which his ingenuity has justly acquired, has urged him to unneces- sary pains on this subject. There are circumstances in the knowledge of all mankind which prove the originality of this invention more satisfactorily to the mind, than the direct tes- timony of a host of witnesses. The cotton plant furnished clothing to mankind before the age of Herodotus. The green seed is a species much more productive than the black, and by nature adapted to a much greater variety of climate. But by reason of the strong adherence of the fibre to the seed, without the aid of some more powerful machine for separating it, than any formerly known among us, the cultivation of it 348 WHITNEY. would never have been made an object. The machine of which Mr. Whitney claims the invention, so facilitates the preparation of this species for use, that the cultivation of it has suddenly become an object ot infinitely greater national importance than that of the other species ever can be. Is it then to be imagined that if this machine had been before dis- covered, the use of it would ever have been lost, or could have been confined to any tract or country left unexplored by commercial enterprise ? but it is unnecessary to remark fur- ther upon this subject. A number of years have elapsed since Mr. Whitney took out his patent, and no one has pro- duced or pretended to prove the existence of a machine of similar construction or use. " 2d. With regard to the utility of this discovery, the court would deem it a waste of time to dwell long upon this topic. Is there a man who hears us, who has not experienced its utility ? the whole interior of the Southern States was lan- guishing, and its inhabitants emigrating for want of some ob- ject to engage their attention, and employ their industry, when the invention of this machine at once opened views to them which set the whole country in active motion. From child- hood to age it has presented to us a lucrative employment. Individuals who were depressed with poverty and sunk in idleness, have suddenly risen to wealth and respectability. Our debts have been paid off. Our capitals have increased, and our lands trebled themselves in value. We cannot ex- press the weight of the obligation which the country owes to this invention. The extent of it cannot now be seen. Some faint presentiment may be formed from the reflection that cot- ton is rapidly supplanting wool, flax, silk, and even furs, in INJUNCTION GRANTED. 349 manufactures, and may one day profitably supply the use of specie in our East India trade. Our sister States, also, parti- cipate in the benefits of this invention ; for, besides affording the raw material for their manufacturers, the bulkness and quantity of the article afford a valuable employment for their shipping. " 3d. The third and last ground taken by defendant, appears to be that on which he mostly relies. In the specification, the teeth made use of are of strong wire inserted into the cylinder. A Mr. Holmes has cut teeth in plates of iron, and passed them over the cylinder. This is certainly a merito- rious improvement in the mechanical process of constructing this machine. But at last what does it amount to, except a more convenient mode of making the same thing. Every characteristic of Mr. Whitney's machine is preserved. The cylinder, the iron tooth, the rotary motion of the tooth, the breast work and brush, and all the merit that this discovery can assume, is that of a more expeditious mode of attaching the tooth to the cylinder. After being attached, in operation and effect they are entirely the same. Mr. Whitney may not be at liberty to use Mr. Holmes' iron plate. But certainly Mr. Holmes' improvement does not destroy Mr. Whitney's patent right. Let the decree for a perpetual injunction be entered." Having thus given a history of the cotton gin, and the dif- ficulties which beset the pathway of its inventor, during the time he was occupied in attempting to bring it into use, we will now proceed to examine some of the statistics of the cotton trade in order to ascertain the real value which this machine bears to this most important branch of American industry. 350 WHITNEY. THE COTTON CROP GROWN IN The year. In the world. In the U. States. Capital invested in its Millions lbs. Millions lbs. production in the U. States. 1790. 490 2 $3,500,000 1800. 520 48 80,000,000 1810. 555 80 134,000,000 1820. 630 180 300,000,000 1830. 820 385 6.50,000,000 1840. 790 1287,000,000 1847. 1,026 1731,000 000 1848. 1,066 1849. 900 From this table, which is based upon the statements of Mr. Woodbury and the Commissioner of Patents, it will be seen that up to the commencement of the present century, the cul- tivation of cotton was far from an important business in the United States, and we have already shown that the value of its culture depended exclusively on the success of some means by which the seed could be easily separated from the filaments of cotton. No sooner, therefore, was it ascertained that Whitney's gin could accomplish this end, than the whole Southern States turned their attention to its culture, which has gone on steadily increasing until the United States at the present day furnish the larger proportion of cotton consumed in the manufactories of the entire world. Previous to 1790, the United States furnished no cotton to the English manufac- turers. During the last year the exports to England amounted to six hundred and ninety-six millions of pounds, of which six hundred and eighty-seven millions of pounds were of the upland growth, whose culture was immediately connected with Whitney's gin. In England the amount of capital employed in the manufac- ture of cotton, is estimated to exceed .£34,000,000. From COTTON STATISTICS. 351 the census returns for 1840, we learn that the number of spin- dles in operation in the United States were 2,284,631, employ- ing immediately 72,119 persons, having a capital of $51,102,- 395, and annually producing fabrics valued at $46,350,453. These statistics demonstrate the immense value of the cot- ton interest to this country, not only as furnishing a staple which will readily be taken in exchange for the products of the world, but likewise as a means of employing thousands of in- dividuals profitably in its manufacture. How much of the prosperity which has flowed in upon this country through the agency of its cotton trade, is due to the inventor of the cotton gin, can now hardly be estimated. No one will pretend to deny that without the exhibition of the mechanical genius of Arkwright, Hargreaves, Cartwright, and Watt, England would never have attained her present proud position as a manufac- turing nation, and it may not be too much to say that if the genius which called forth the cotton gin had been permitted to slumber, our Southern States would at the present day have been engaged in the culture of rice and tobacco, and the world would have still looked to Brazil and the East Indies for cotton, as it now does to China for tea.* Its inventor, however, early foresaw the slender chance of personal emolument from this source, and although he never ceased to prosecute it with untiring energy, yet with a pru- dence peculiar to the land of his birth, sought the means of increasing his gains, in an object which if not as beneficial at least proved more immediately lucrative. This was the manufacture of muskets for the government. He established * Dr. Junius Smith, of South Carolina, has demonstrated the applicability of the United States to the culture of tea, which may yet be produced in suf- ficient quantities to supply the home demand. 352 WHITNEY. his armory on a little stream whose banks were clothed with the most romantic scenery, about two miles from New Ha- ven, in Connecticut. On this spot, now called Whitney- ville, doubtless recommended to him by many of the associa- tions of his college days, he erected his works, which have since served as a model for many of the more extensive manufacturing establishments of the country. He had entered into a contract with the government in Jan- uary, 1798, to supply it with ten thousand muskets, within two years. The government advanced five thousand dollars, to enable him to commence his works, and with the aid of several friends, he was enabled to obtain a loan of ten thousand more. The expenditures involved in the work so greatly exceeded his expectations, that the government found it necessary to make a further advance of fifteen thousand dol- lars, before they were in a condition to commence the manu- facture of the arms, and the space of time allotted to the con- tract was extended from two to ten years. He personally superintended the entire arrangements of his armory, and from the commonest tool to the most intricate piece of machinery, the whole establishment possessed a finish and applicability to the purposes for which it was in- tended, of which no manufactory of his day could boast. Professor Silliman, who had known him for upwards of a quarter of a century, says, " I was frequently led to observe that his ingenuity extended to every subject which demanded his attention ; his arrangements even of common things, were marked by singular good taste, and a prevailing principle of order." "The effect of this mental habit is very obvious in the dis- MATRIMONIAL PROJECTS. 353 position of the buildings, and the accommodation of his man- ufactory of arms, — although owing to the infirmities of his later years, and to other causes, his arrangements were never finished to the full extent of his views. The machinery has great neatness and finish, and in its operation, evinces a de- gree of precision and efficiency, which gratifies every curious and intelligent observer. I have many times visited the es- tablishment with strangers and foreigners, who have gone away delighted with what they had seen." The manufacture of arms proved a much greater source of immediate profit, than the masterly invention of the gin, and although he was, in after years the recipient of considerable sums of money from this source, yet he used frequently to say that all he had ever received from the cotton gin was no more than a remuneration for the immense outlays he had in- curred, and the time he had devoted to the enterprise during the best years of his life*' Whitney was neither a selfish nor a solitary man, and from an early period in his life had looked forward to a suitable matrimonial alliance, as a source of unalloyed happiness. As early as 1797, in writing to his partner, (Miller,) he says: " I am now quite far enough advanced in life to think seriously of marrying. I have often looked forward to an alliance with an amiable and virtuous companion, as a source of happiness from whence I have expected one day to derive great happi- ness. But the accomplishment of my tour to Europe, and the acquisition of something which I can call my own, ap- pears to be absolutely necessary, before it will be admissi- ble for me even to ihink of family engagements." Under the influence of this extreme and laudable caution, he de- 45 354 WHITNEY. ferred entering into matrimonial engagements until 1817; in the January of which year he married the youngest daughter of Judge Edwards, of the District Court of Connecticut, and a lineal descendant of Jonathan Edwards. This union was crowned with all that happiness he had reason to anticipate from it. Tortunate in the selection of an amiable and intelligent partner, he was now enabled to indulge in the realization of those pleasing dreams with which he had always invested a life of domestic happi- ness. Environed by the delightful and picturesque scenery in the midst of which he had made his home, and lulled by the quiet serenity of his domestic circle, the five succeeding years proved to be among the happiest of his life. In comfortable, if not affluent circumstances, with a reputation as extended as the culture and use of cotton, surrounded by a large circle of warm and confiding friends, and happy in his domestic rela- tions, fortune seemed about to make him some compensation for the toil and perplexity of former years, but in the midst of so many elements of happiness, disease appeared to mar his pleasure, and proved to him the little reliance to be placed in all earthly enjoyment. In the fall of 1822, immediately after his return from a visit to Washington, he observed the first indications of an enlargement of the prostate gland, which, after a lin- gering and painful illness, terminated in his death, on the / 8th of January, 1825. During his illness he entered into that calm and critical examination of his disease which had characterized all his previous operations in life. He consulted the opinions of medical writers upon the subject, and noted PROFESSOR SILLIMAN. 355 down such facts as applied to his individual case. He even requested his physicians to exhibit to him such anatomical il- lustrations as they possessed, which he examined with much care, and freely discussed with the medical attendants the chances for and against him, at the various stages of his dis- ease, yet strange to say, with an apparent inconsistency we should have hardly expected to find in him, he directed that no autopsy of his body should be made after his decease. His distinguished friend, Professor Silliman, who was a con- stant attendant upon him during his years of illness, observes : " During this period, embracing at intervals several years, he devised and caused to be constructed various instruments, for his own personal use, the minute description of which would not be appropriate in this place. Nothing that he ever invented, not even the cotton gin, discovered a more perfect comprehension of the difficulties to be surmounted, or evinced more efficient ingenuity, in the accomplishment of his object. Such was his resolution and perseverance, that from his sick chamber, he wrote both to London and Paris, for materials important to his plans, and he lived to receive the things he required, and to apply them in the way he intended. He was perfectly successful, so far as any mechanical means could afford relief or palliation ; but his terrible malady bore down his constitution, by repeated, and eventually by inces- sant inroads, upon the powers of life, which at last yielded to assaults which no human means could avert or sustain." His inventive genius, which was not confined to one great object, but left its impress upon every subject however trivial, which commanded his attention, was unequalled by any one of his age. It would be too much to say that his ability to 356 WHITNEY. achieve any undertaking in mechanics was without limit, but it is very certain that he never was known to undertake a mechanical task in which he failed to succeed. An individual of the particular class of genius to which Whitney belonged, might readily be excused for the exhibi- tion of peculiarities which would have unfitted him in some degree for social intercourse, but he was superior to, and above all, such pecviliarities. United to a large and command- ing person, he combined manners polished by education, and a constant intercourse with the most refined society. He was generous and amiable in his disposition, and ever open to the appeals of humanity. He was fond of social inter- course, and on such occasions possessed a rare fund of con- versational ability. To his friends he was warmly attached, and retained many from early youth, among whom were some of the most distinguished personages in the land. He lived and died respected for his private worth and his unostentatious benevolence. Useful in life, lamented in death, no more ap- propriate or lasting praise can be bestowed upon him, than that which is inscribed on his tomb, that he was in its first inception and practical application, THE INVENTOR OF THE COTTON GIN. LB D '08 WdV 23ia^^ tO^' - <.^^ .^" ^> ^^ o. 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