The Cotton Gin. THE HISTORY OF ITS INVENTION. Bjbibitlno Copies ot ORIGINAL PATENT SPECIFICATIONS AND DRAWINGS, With Synopsis OF TESTIMONY IN THE TWENTY-SEYEN LAW SDITS RELATING TO INFRINGEMENTS IN GEORGIA, 1796 TO 1805. ILLUSTRATED WITH ORIGINAL DRAWINGS. By a A, TOMPKINS, CHARLOTTE, N. C. Published by thb Author, m^^& mmm> The Cotton Gin. THE HISTORY OF ITS INVENTION. Bjbtbittno Copies ot ORIGIML PATENT SPECIFICATIONS AND DRAWINGS, With Synopsis OF TESTIMONY IN THE TWENTY-SEVEN LAW SUITS RELATING TO INFRINGEMENTS IN GEORGIA, 1796 TO 1805. ILLUSTRATED VlITH ORIGINAL DRAWINGS. By a A, TOMPKINS. CHARLOTTE, N. C. PUBI.ISHED BY THE AUTHOR. I9OI. Copyright 1901 BY D. A. Tompkins. This pamphlet is an advance publication of Chapter II, from a book, "Cotton and Cotton Oil,," now in course of preparation. For Table of Contents of the book, see last pages of this pamphlet. cy- presses Observer Printing House, ^ Charlotte, N. C. ^ JLbc Unvcntton of the Saw 6tn» Much as has heen written on the subject of the invention of the saw cotton gin, the question as to the crecUt for fun- damental ideas, and their development into a commercial machine, seems yet to lack authoritative discussion. It is so easy to collate a large amount of matter from writers, who themselves have copied the w^orks of others, purporting to relate history, that it is small wonder that well nigh as many errors as facts should have been frequent- ly copied and re-copied. This seems to be especially the case in America concerning the cotton gin, on acount of its being an American invention of such note, and of compar- atively recent date. Crude cotton as it is produced in the field, consists of flulTy masses of cotton lint adhering to seeds. It is called in this condition "seed cotton." The varieties of cotton may be divided into two general classes; "Upland" and ''Sea Island." This distinction is based mainly on the length of the fibre or ''staple" the former having fibres va- rying from f to i J inches and the latter from i^ to 2V inches. The lint of upland cotton adiieres very firmly to the seeds, appearing to grow out of it like wool from a sheep's back. The seeds, after 1)eing denuded of lint as well as possible, still l:ave a woolly a])pearance. In a great many sub-varieties the seeds are green in color, thus givii/g to upland cotton, in general, the name "green-seed cot- ton," as distinguished from Sea Island cotton, whose seeds are black. Sea Island, or long staple cotton does not afl- here so closely to the seeds, and it can be easily pulled oft clean, leaving the seeds perfectly smooth. These seeds are vulgarly called ''bald-headed seed." A gin is a machine for separating lint cotton from the seed. The word gin is supposed to be a contraction of engine, and the word has been used to indicate a number of contrivances for doing w^ork, such as hoisting, etc., on the same reasoning that in England at the present time, the machine in use for carding cotton is known as the card- ing engine. Recent usage, especiaUy in America, has restricted the use of the word engine tO' mean some prime mover, and the use of the word gin to mean cotton gin. The term cotton, as commercially used in the United States, refers generally to upland cotton, that being the kind mostly produced. When Sea Island Cotton is referred to, it is specially mentioned. In the same way the term ''gin" is used to designate the saw gin, which is the partic- ular kind in use with upland cotton. The machine used for separating Sea Island cotton from the seed is known as ti\c ''roller gin." The saw gin has a saw cylinder, made up of circular saw s, spaced by collars on a mandrel or shaft. The saws project into a breast box, through grooves or ribs set close enough together to prevent the passage of seed. The teeth pull the lint through the ribs and leave seed behind. Revolving in an opposite direction to the saw- toothed cylinder, parallel to it, and in a contiguous box, is another cylinder covered with bristles, which brushes the lint out of the teeth and delivers it into a room or into a condenser. The brusli -cylinder i evolves 4 or 5 times as fast as the saw cylinder. The first method of separating lint from the seeds wa£ naturally by hand picking. The next method, originating in India about 300 B. C, was by means of rollers, which running closely together, w^ould pull the lint through and leave the seed behind. The roller gin now in use for ginning sea island cotton is a modern des'C'Cpment from this India gin. As most of the ancient Eastern cottons were of the black seed varieties, the roller gin was fairly successful, though the seeds w^ould often become cracked between the rollers and pass on through and mix v/ith the lint. The seeds contain considerable water and nitrogenous matters, so •"hat those crushed are liable to decay, and thus to give to lint cotton prepared in this manner a foul odor. During the War of the American Revolution, and imme- diately thereafter, cotton culture began to receive consi-.i- erable attention in the Southern States. As the coast country was the first to be settled; and as the valuable Sea Island varieties grew to perfection on that soil, these were first cultivated. They were prepared for market by hand, and by the roller gins, both processes being very slow. The roller gin then in use would clean about 5 times as much cotton per day as could be cleaned by hand. When upland varieties began to be cultivated furtht'r inland where Sea Island would not grow, the roller gin proved entirely inadequate and unsu'table, so that the ex- tension of cotton growing soon reached its limit. In many cases, it surpassed the limit, and much cotton was wasted for want of l^eing separated from its seed, and made really for market. In 1792, Eli Whitney of Massachusetts went by boat to Savannah, Ga., frcni which p^ace he intended to go v to he 'interior as a tutor in a private family. On the srme boat was traveling Mrs. Nathaniel Greene, the widow of the Ameri- can Revolutionary General, who w^as returning from a Northern trip to her home at Mulberry Grove, near Savan- nah, Ga. On this journey Wlntney naturally made the ac- quaintance of Mrs. Greene. Arriving in Savannah, he failed to perfect his arrangement for teaching and accepted an in- vitation from Mrs. Nathaniel Greene to make his home at her house and pursue the study of law, which was his great desire. While he was in Mrs. Greene's house he exhibited great talent for mechanics, and made himself useful in that re- spect around the plantation. In the spring of 1793, some old comrades of General Greene: Majors Brewer, Forsythe and Pendhton, who lived near Augusta, Ga., called on Mrs. Greene. In the course of their visit they discussed the troubles of agricul- ture in the upper country, and mentioned the fact that much upland cotton could be profitably produced if there were only some machine for separating the lint f rom the seed. Mrs. Greene proposed that they talk over the mat- ter with young Whitney. The result of that visit was that i y Fig. I. Whitney's Original Model. ■^ Q 8 Whitney was given a room in the Iwsement of the house, and after considerable experimenting, produced a machme that successfully separated the lint from seed. Fio- I is copied from an old print \vhich is said to repre- sent Whitney's original model. This is not an offica record, but it is confirmed by compaiison with the paten. drawing, Fig. 3. ^ , In 1793 Whitney went to New Haven, Conn., to confer with his old friend and patron, Elizur Goodrich and others, in relation to obtaining a patent. The original description in Whitney's own words, accom- panving his petition for patent was filed with Thomas Jef- ferson Secreiarv of State at Philadelphia, June 20, I79.i- Whitney also made affidavit concerning Ins invention be- fore Elizur Goodrich, Notary Public, and Alderman 01 New Haven, Conn., Oct. 28, 1793. A patent was issued to Eli Whitney March 14. 1794. an^'!t«'Y"- , ^hi ' original patent papers filed in the Patent Office by Whu- ney in 1793, were destroyed by the Patent Office fiie m ,8^6. See Appendix, Document IV. As soon as poss.b e after this fire' Ihe authorities made efforts to obtain copies of all papers that were destroyed. It so happened, how- Fig. III. Original Certified Patent Drawing. Note that no saws are shown. UN,ri§STArESOFAMER,0^\ JSc^^^::^ DIVISION, p sou THERN DIS TRICT OF ^^^"9y/^j C^e^--^ H' ~. Clerk of the Court of the Unitex" *" %^e-w;X pendix. Document V) defendants are chafged''^'jj^tjg^^f' fringements beginning 1800. In the petition ocj.t' -iiis language: "And it is also pretended . . . that tne ma- chine used ]^y th.em contains in it an nnprovement; . . . that is to say, teeth, cut into circular pieces of metal.'' A great deal of Whitney's correspondence has been pub- lished, in which the invention is disctissed; but previous to the letter by his partner Miller to Whitney, Feb. 15, 1797, no allusion wlv.itcv r is made to the saw principle. In this letter, Miller says:,'Tt will be best to take the deposition of Goodrich and Steb1)ins on the subject of ratchet wheels, which may hereafter be rendered useful." The words "r'ltchet wheels" refer to a description often used in cotiru in .{escribing ciu saws. This was on account of the simu- larity of the gin ^aw to the thin iron ratchet wheel used on tiie end of the wooden cloth roll of a hand loom to hold the cloth taut. The full text of tliis letter is given in A':^pendix, Documejit \'II. The only evidence adduced to prove that Whitney i6 in^'enteu ilie uiw principle, is the deposition of some Yale College friends of Whitney's in New Haven, taken Nov. 7, 1807, fourteen years after the first specifications were writ- ten. These depositions were taken by commission, at whose sittings the defence (though formally notified) were not represented. These depositions are now on file among* the Court recoirds above mentioned. They are all to the efifect that the saw was in Whitney's mind when he made the invention, although it was not mentioned in the speci- fications. This research and discussion is not intended as an im- peachment, even by insinuation of the characters of the New Haven witnesses, most of whom the records show to be men of importance and integrity; but it seems proper to call attention to the facts: 1. That they testified to matters happening 14 years previously. 2. That there were only two years intervening between the issuance of Whitney's patent describing the spiked ryh'nder and the is'^uance of the Holmes patent for the saw cylinder. 3. That Whitney himself did at some early date make the gins with saws, and that it would naturally be hard to get the dates exact, after sO' long a time and at so great a distance. 4. That the memories of these witnesses were amply re- freshed. In support of this last observation, dated Oct. 15, 1803, is adduced a letter from Whitney to Josiah Steb- bins, one of the witnesses to whom interrogatories were addressed. In this letter, Whitney asks Stebbins to depose cv: lollov/s: 'T, Jos. Stebbins, etc., etc., do testify and declare . . . iliat in the autumn of 1793 the t sail Whitney repeatedly told me that he had orig- inally contemplated making a whole row of teeth from one plat: or piece of metal + + 4- I hope yon will be able to call to mind the circti7}ista7ice vientioiied above + +." The full text of this letter is given in Appendix, Docu- 17 ment VIIL The fact that the depositions of most of the other witnesses examined were substantiaHy in the lan- guage of this letter written by Whitney to Stel)bins, seems to afford reasonal)le ground for stating that the memories of the other witne^-ses were similarly refreshed. Wlien the case versus Fort and Powell came up fur finrd adjudication, the Court gave a decree for perpetual injunc- tion. Prof. Olmstead quotes the text of the decree, in which occurs the following language: "A Mr. Holmes lias- cut teeth in plates of iron, and passed them over the cylin-- der. This is certainly a meritorious improvement in tlie mechanical process of constructing this machine + + + . Whitney may not be at lil)erty to use Air. Holmes' iron plate, bul certainly Mr. Holmes' improvement does not destroy Mr. Wliitn.ey's patent right." The defence in all of the extensive litigation over the patent in Georgia, consists principally in claiming that there was a prior invention. The witnesses mostly relied upon to prove this were Dr. John Cortes Dyampert of Co- lumbia County, Georgia, and Mr. Roger McCarthy of Chatham County, Georgia. The former swore he saw a machine "somewhere in the Domains of the King of Prus- sia" in 1773, used for making Hnt in hospitals. McCarthy swore he saw something siniihu* in 1790 or 1791. But it developed on cross-examination, and on the introduction of numerous other witnesses, whose depositions are on file amopg the Court records, that these machines were on en- tirelx (lili'ercni princij^iles, and used for other purpose^. There were no means of separation other than gravitv in any of these machines, and they were all for beating and cleaning linl after seed liad ])cen removed. It was finally admitted by the defence that Whitney's invention was new, but that the infringing machines were made before AMiitney's model was publicly exhiljitcd, or before it was publicly announced that he had a patent. .See Fort's answer in Whitney vs. Fort and 'Powell, U. S. Court, District of Georgia, Dec. 17, 1805, Appendix,. D( en ment V. i8 There is a widespread allegation tbat "Whitney was bad- ly treated in the South." This seems to rest on the rumor that his first model was stolen h'om his shop at Mulberry Grove, Ga., that copies of it were widely made and use-l without license, that his witnesses failed to appear at the trials, that the South Carolina legislature after agreeing to pay him for the patent, afterward rescinded its action; and finally that there was a conspiracy among the cotton planters to invalidate his patent. As to the burglary of Whitney's shop, and stealing of 1us models, there is not a word in the voluminous records of evidence in the infringement suits, extending over 13 years. Neither is any mention made of it in his pub i lied correspondence. This seems conclusive proof that the story is of subsequent and spurious origin. The facts regarding W'hitney's experiences with the legislature of South Carolina, have l;een carefully investi- gated, and an abstract of the State House Records on ths subject is given in the Appendix, Document IX. An ex^.mination n\ these papers sliows that Dec. 10, 1801, at the close of the session, the legislature passed a bill purchasing the Whitney patent right for the State f r $50,000, agreeing to pay $20,000 in cash, and the remain- der in three ecpial annual installments, ]M-ovided Wdiitney would make "within a reasonable time" two models oi his gin, in h's very besl style, and file liiem for public inspec- tion in the State capitol, and provided further, that Whit TxCy should refund ?;' the amounts previously collected for license in the State. The cash payment was prompt] v made. But AAdiitney did not, within two years comply with either recpiirement. The legislature in 1803 declared the contract forfeited, and provided for entering suit fc-- the recovery of the first payment. This action brougiiL the final fulfillment of the conditions on the part of Whit- jicy, in 1804, and fi'.cn the legislature of 1804 ordered the suit disco, ilinued ar.d reinstated the contract in accord- ance Avitli wl:ich the deferred payments were promptly made. The legislature of North Carolina in Deceml)er, 1802. 19 bought the patent right for that State, and agreed to pay for it by a special tax of 2 shilHngs and six pence on eacli saw used in a gin within the State for four years. This tax was prop'v'y coUerudand turned over to the inventor, amounting to aljout tliirty thousand dollars. Whitney's plan in Georgia, as shown l)y his letters :in(l otiic" e\i(lence was to own all the gins and gin v\\ the -^^otton made in the country. It is but human nature ^hat this sort of monopoly should be odious to any community; and when to this is added the fact, (as shown by letters to Whitney in Connecticut, from his part- ner Miller in Georgia^ that Whitney and Miller could nor supply the demand for gins, it seems natural that there .diould hc: -e been mr.ch infringement. After the gins were introduced in 1794, t here was a large cotton crop made for the next reason, on the presumption that it could be pre- pared for the market on the new machines. But when the crop was gathered,, and the gins were not forthcoming, many planters had rude gins made in their own 1)lacksmith shops. From this circumstance, arose the rumors that the various workmen who made the gins were the original in- ventors. One of the traditions crediting the invention to Jesse Bui! r>f Columbia County, Ga , (afterwards of La- Grange, Ga.,) arose from the circumstance of a gin having been made for Bull by one of his employees, Nathan Lyons. It is said that when the first Wdiitney gins were in use in the count rv, no one but women were allowed to see them, and that Nathan Lyons, disguised as a woman, saw the gin and copied it. This legendary story has no authentic foundation. The voluminous evidence in the infringement suits nowhere re- fers to such an incident. Quite a number of legends about the invention of the gin have no foundation whatever in fact. For example, the pleasant little story about the gin l)rush being suggested l.>y the lady with her turkey tail fan. Lading aside all legendary stories, it apppears that the real f'lcts about the cotton gin are: I. Fli Wh'tnev, of ^Mass., a s^raduate of Yale College, 20 invented a cotton gin, consisting" of spikes driven in a wooden cylinder, and having a slotted bar through which these spike teeth passed, and having a brush to clear the the spikes. He obtained a patent ]\ Larch 14, 1794, signed by George Washington, President, Edmund Randolpli, Secretary of State, and W'm. Bradford, Attorney General. 2. Hoclgen Holuics of Georgia, an uneducated mechan- ic, invented an improved gin, using circular saws properly spaced, passing through spaces l:)etween ribs. For this invention he obtained a patent May 12, 1796, signed by George Washington, President, Timothy Pickering, Sec- retary of State and Chas. Lee, Attorney General. 3. \\diitney's invention, consisting of a combination of a wooden cylinder, cnrrying annular rows of wire spikes^ with a slotted bar and clearing brush was fundamental 4. The practical application of the fundamental idea \\ as Holmes' invention of the saw gin, ^vilich consisted of a mandrel or shaft cairying collars separating circular saw^s which pass through narrow spaces between ribs. 5. Whit ney went South utterly impecunious. He re- ceived from the Southern States the following amounts: From South Carolina $50,000 Froiu North Carolina, (at least) 30,000 From ^i ennee-see, (about) . . 10,000 Total royalties from Southern States, certainly as mticli as $90,000 At that time, this was a fortune. 6. In Georgia, his firm (Miller & Whitney) attempted to monopolize the ginning business. This brought on long and vexatious litigation, and the object was nevei* successfully accomplished. Z^f^'/i/ qJ^^i4^^^^^ 'y /^Jy/ ^Zx-^^^T^^^' c^^J^^::^-^-^ ?v^ Gin. 23 Document I. LIF.T OF SIUITS FOR IN^FRTXlGiE- MRINT L^iND DAMAGElSl BR!0>U'GHT BY W'HITNiEY IN UNITlED iSlTATES DTSTIRICT COURT, SAVANNAH, GA. Edward Lyons, 1795, non-suit, 1798. Wm. Kennedy & Co., 1795, verdict for defendant. Fred Ballard, 1798, non-suit, 1799. McKinney & Co., 1801, dismissed, 1804. William Clark, 1801, non-suit, 1803. John Morrison, 1801, defendant dead. William Byrne's, 1801, non-suit, 18C3. John W^alker, 1801, non-suit, 1804. Cha.s. GiaiC)h;-t, I'SOl, non-suit, 1803. Isaialh Carter, 1801, non-suit, 1803. Wm. Few, 1801, verdict for defend- ant. John Davis, 1801, non-suit, 1803. Sam'l IDevereux, 1801, not served. giolo'mon Marshall, 1801, settled. Arthur Fort, 1801, not served. James Moore, 1801, not served. Ignatius Few, 1801, not served. iSam'l Higginbotham, 1801, non-suit, 1803. Jonathan Embree, 1801, non-suit, 1803. 'Henry Keebler, 1801, non-suit, 1803. D. W. E-asley, 1801, non-suit, 1803. Silus Grigg, 1801, not found. Arthur Fort, 1801, non-suit, 1803. Arthur Fort and John Powell, 1804, decree for perpetual injunction, Deic. 19th, 1806. Chas. Gachet, '1806, verdict for $1,- 500, May llth, 1808. Isaiah Carter, ISaS, verdict for $2,- 000, May 10th, 1808. Wm. Byrnes, 1807, judgment by de- fault, 1811. 24 Document II. CERTIFIED COPY OF THE ORIGI- INAL PATENfT SPECIFICATIONS FILED IN THE PATENT OFFICE BY ELI WHITNEY, 1793-4. This paper is now on file in the United (States Court House, Savannah, Ga. (NOTE.— Corresponding- clause occur; at the end of this paper.) Document III. COPY 0(F SPECIFICATIONS FILED WITH THE PATENT OFFICE IN 11841, AFTER THE FIRE. THIS PURPORTS TO BE A REPRODUC- TIOiN OF THE ORIGINAL PAPERS. IT IS PRINTED IN PARALLEL ;COLU^5lN, SO IT MAY BE COM- PARED WITH THE AUTHENTIC COPY. This paper is now on file in the Patent Office at Washing"ton. UNITED STATES OF AMERICA. To all i:o whom these Lepj>eris Patent shall come: WHEREAS, Eli Whitney, a citizian of the United States, hath aileg-ed that he has inviented a new and useful im- provement in the m'ode of spinning co«t- t(jn, which improvemeait he stiates has n'ot been known or used before hi'S ap- plication; hath made o^a! h that he does verily believe i-h&t he Ls tne true inven- tor or discoverer of the said iimiprove- 'ment; hath paid into the Trefasury of the United States the su'm tof thixity do'- lars, 'deliviened a receipi* for the same, and presented a petition to the Secre- itary of State, signifying- a desire of ob- taining- an exclusive property in the sLiid impro'vement, and praying that> a patent may be granted: THESE ARE THEREFORE to grant. accordin,g- lo law, to »t,he said Eli Whitney, his helns, administrators or asisigns, for i-he term of fourteen years from the sixth day of November lai.?t, the full and exclusive right and liberty of making, construct- ing, usiing, vending- to others t) be used, the said im.provements; a description whereof its g-iven in the w^ordte of the said Eli Whitney, hi'mself, in the sched- ule her€t''o anmexed, and is .made a pari of these presents. In v»2Sti'mony whereoif I hiave caused these Letters to be miade Patent, and the Se'al of the Uni»ted States to be hereiun'^j affixed. GIVEN under my hand, at the City of Philadelphia, this fourteenth day of March, in the year of our Lord one thou^iand, seven hundred and ninety- four, aind of rjhe Independe'nce of the United Slates of America the eigh- teenth. (Seal.) G. WASHINGTON. EDM. RANDOLPH, Secretiary of State. Unit INSTATES OF Aivieric/k\ ^ .^ c^^c^:ZZ^ DIVISION, ) ^^ sou THERN DISTRICT OF GEORG^j/^ ■Georgia, do hereby certify that the Writing annexed to this certificate /^^ yfPrespective original now on0t, and remaining on record in my offices-^ Clerk of the tales of America, for the Southern District of ."^^r-r—trwe cop^ . of IN WITNESS WHEREOF, I have caiised the seal ufUie said Court to be hereunto affixed, at the Cily/wCty^::^-^^-^ ^ ^^^ i^^ Southern mBmM District of Georgia, this /^/L^ day of ^^'^'=Y ■ in the year of oar Lord, one thousand eight hundred and nineti/^^^^ and of the Ind^ptndenee of the United States, the one hundred and twenty^^<^^<^ A cj^ej^.*^^, ^^-''y^-^ ^ Clerk. the frame, .n such n.a,.ner as to give roon. for the clearer on one s.de of » t. «nd the Hopper on the other,«. .. fig.j.- u, s height,, f the machine .s worked by hanc^ sno.Ia be a-^out three feet four inches: otherwise it,rr,a, be Fig. IV. Certification of Whitnej- Patents, etc., showing few lines of the documents attached. 26 ORIGINAIv PATENT. SUBSTITUTED PATENT. A description of a new invented cot- ton gin, or machine for cleansing and separating- cotton from its seeds. | 'This :machine may be described under five divisions, corresponding to its five principal parts, viz: 1. Frame. 2. The Cylinder. 3. The Breastwork. 4. The Cleaner. 5. The Hopper. 1. The frame, by whidh the whole work is supported and kept together, ought to be made of well seasoned timber, so Ihat it may be firm and steady, and never become loose in the joints. Scantling four inches by three, will perhaps be stuff, of ais siuitalbre size as any. The frame should be of a square or parallelogramic form, tihe width must answer to the length of the cylinder and the height and length m,ay be proportioned as circumstances shall render convenient. In the drawing annexied, F>lg. 1, is a section of the maclhine. A represents the cylinder, B the breastwork, C the cleaner and D the hopper. 2. The cylinder is of wuod; its form is perfectly described by iits name, and its dimensions may be from six to nine inches diameter, and from two to five feet in length. This cylender-cylender is placed horizontally across the frame, in S'uch manner as to give irocm for the cleairer on one side of it, and the ^hopper on the other as in Fig. 1. Its height, if the machine is worked by hand should be about three feet four inches; other- wise it may be regulated by conven- ience. In the cylender is' fixed an iron axis so large as lo turn in tfhe lathe without quivering. The axis may pa.ss quite through the cylender 'or con'S'St only of gudgeons, driven wilh cement in each end. There must be a Sihoul- der at C, Fig. 2, on each side the bear- City of Philadelphia, to- wit: I do certify that the foiregoing Le'- ters Patent were delivered to me on bhe fourteenth day of March, in ithe year oif our L'ord one thousand, seven hundred and ninety-four, to be lexiaim- ined; that I have exiamined the same, and find them co'ri:ormaDie to law; and I do hereby re:H, headed on the lowerend at H. These bolts are inserted into the under side of the rail or scantling of the frame and continued up throug'h both parts of the box. A portion of tht bolls as H, A, should be square, to prevent them from turning. The upper part of the box, C, is S'crevved down clo'se with a nut on the end 0'-; each bolt. At E, is a perfora.ion to: conveying- oil to the 'axis. After the cylinder with ^'■'^ axis is fitted and rounded with exactness, the circular face of the cylinder is filled with teeth^ part of its surface io filled with teeth set in annular rows, which are at such set in annular rows. Tne spaces D, E, a distance from each other as to admit F. G, H, Fig". 2, between the rows a cotton seed to play freely in the of teeth must be so lar^ge as to admit a space between them. The space be- cotton seed to turn around freely in the«m every w.ay, and ought not I'o ce less than seven-six'.eenthis of one inch. The spaces K, L, M, N, &c, Fig. 1, b:- .t^een each tooth in the same row, is tv.-een the teeth, in the same row, must go small a,s nob to admit a seed, nor a be so small as not tio admtit a , seed or .a half seed to enter it. These teeth are 'half seed. They ought not to exceed one- twelfth of an inch; and I think about one-sixteenth of an inch ithe best. The teeth a.re m.iaide and set in the To!- , . ,.„ . . ^ . . . , lowing nmnner: Take common iron made of stiff iron vvire, driven into the wire, ahout No. 12, 13 «r 14, driaw it ''''^°^ ^^ ^'^^ cylinder, 'iho teeth are about three sizes less, withoutnealing-in •order to stiffen it. Cut it into pieces four or five feet in lemg'th and straighten thfim. Steel wire 'would perlhiaps ce best if it were no't too expensive. Then with a machine, somewhat like ithat used for cutting nails, out the \^■ir■^ into pieces about one inch long. In the jaws of this machine at O, Fig. 10, •are fixed the two pieces of isteei D, D, which 'are pressed tog-ether, as may be observed from the figure, by the o.pera- tion of a compound lever. These pieces of steea are s-o seit in, that upoin being ORIGINAI, PATENT. ^pressed togethei-, their ap pro a dhing- sur- faces, meet only on one side next to D I), leaving: between tihiem a wedge lik? opening, which enlar'ges ,ais the 'd:.stanc3 fncm the pLace of con tacit increases. On the iside, D, D, labout O'ne inch distant from tihe place of contact, is fixed a g^uage. The wire is inserted on the side opposite D, D, and thrust thrij' ito ths gi-off, ,and the end of the other part flattened like a wedge. 'The fattensd end ;s then thrust forward to the guage and the same op- eiatio'n is repaaited. In this manner thr- leeth are cut of equal lengvh. with one end flattened and the other cut direeUv olf. Flatting one end 'of the wir'e is ben- eficiial in two ways: 1. The flatted •eiids of the teeth are driven into th- wood with m.o-re e'ase :and exactness. 2. It prevents them from turning-turninc^ after they are set. To prevent the wireS from bending whi^e drivin?, they are holden with pliers the jaws of Vh-ch ought to be about half an inch in widfn ■with a corresponding transverse gpoove m each jaw. Thus holden. the ie-^h are, with a light hammer driven, on^ by one. into tlhecylender. perpendir'ul-ir- l.v to its axis. Then WMth a tool, lil^^ a cTiisel oir common screw driy=r eiach tooth is inclined di'rectlv towards Mie tangent to that po'imt of the circle intj which it is set, till the inclinatlb'n is such that r.he tooth and /tiangent form en airtgle of aboiut 5'5 or 60 degrees. If this inclinafion be greater the teeth will not take suflic'ent .hold of (th- p v- toii. If it 'oe less there wiU be more dT- fi^-utly 'in disengagin,g the cotton from tne reeth, afrer iit is separated from th- se'^'os. "^.Vhen the .eeth ?.re all .get they shorM becut of an equal length. In order for to IS. taike a crooked guage, Pig 8 having two prorgs, Q, 'R. the curvatuve O'^ whieh^ corre'sponds wirh that of the cylinder. This -ua.-e is mer-ly a crook- ed fo.rk, the thickness of whos^^ pron^^ or tires, .^s represented b-'-wo,Pn ^w ar-d T Fi'g. 9. enual'zes the length ■->f the teeth, and is pppiied to th- cylinder, with one 'tine on each iside of an annular row. IW'th a pair of cutting pliers, cut the iteeth t ■>. •-! and 6. off even with the guq^-^ then Slide Itaiong to 6. 7. 8. ,&c and so proceed till you have trimmed all the peth to an eonal lene-th. This donp put the cylender into a lathe ahd ^^i^h SUBSTITUTED PATENT. all inclined the same way and in such a manner, that the angle included be- tween the tooth and a tangent drawn from a point into which the tooth is driven, will be about 55 or 60 degrees. The gudgeons of the cylinder run in brass boxes, each of which is in two pans, one of which is fixed in the wood of the frame and the other is confined down upon the axis with screws. 29 ORIGINAL PATENT. a file brin'g- the teeth to a kind of an- g-ular point, resembling a wire flatted and cut obliquelj'. After the tes'.Ti are broug-hi to a proper shape, smooth them with a polishing- file and the cyl- ender will be finished. Remark. Though the dimensions of the cylender may be varied at pleasure, yet it is thought 'that those descriloed are the best, being more easily made and kept in repair, than those of a larger size. The timber should be quarter stuff, i. e., a quar'te'r of the trunk of ihe tree, otherwise it will crack in seasoning. It must also be oi wood of an equal density, such as beech, maple, black birch, &c. In oak and many other kinds of wood, there are spaces between the grains which are not so hard as the grains them- selves; and the teeth driven into these spaces would not stand sufficiently firm, while the grains are so hard as to prevent the teeth fro'm being driven without bending. 3. The breast wo'ik. Pig. 2, and B, F,!g. 1 and Fig. 2, is fi^ed above the cylender parallel and contiguous to the same. It has transverse grooves or openings 1, 2, 3, 4, &c., through which the rows- rows of teeth pass as the cylender re- vclves: and its 'use is to o/bsitruei the seeds 'while the cotton is car- ried forwiaxd through the gro^ovts by the teeth. That side of the breast- work next the cylinder should be made of brass or iron, that it may be the more durable. Its face or surface A, X. Fig-. 1, ought to make an angle with the tangent X, Z, less than 50 degrees. A tooth in passing from K up to the breasit"work B, fastens itself upon a certain quantity of cotton, which is still connected wiLh its sesds. The seeds being too large to pass through thebreastwork are there stopped, while the cotton is forced thro' the groove and disengaged from the seeds. Xow if the -po'int of the looth enters the groove before the root, or that part ntxt the cylinder it carnies through all which it has collectied in cciming from K; but if the root of tn? tooth enter the groove before the point, part of the cotton fastened on it, will slide off, and this latter case is preferable as it helps to give the cot- ton a rotary motion in the hopper. The thickness of the breastwork, or the distance from A to I, Fig. 1, should be about 2% or 3 inches, in proportion to the length of the cotton. It should be such that the cotton which is carried through by the teeih may be diseon- SUBSTITUTED PATENT. 3d. The breastwork is -fixed above the cylinder, parallel and contiguous to the same. It has transverse grooves or openings through which ihe i owr of teeth pass as the cylinder revolves and it'.i Uise is to obstruct the seeds while the cotton is carried forward through the grooves by the_.j:eeth. 'The thick- ness of the breastwork is two and half or three inches and the under side of it is made of iron or brass. 30 ORIGINAI, PATENT. SUBSTITUTED PATENT. nected from-fro'm that which is left in the hopper, before' it leaves the groo'ves, otherwise that which is carried partly through the breastwork will be by the motion of that with which it is con- nected in the hoppeir b^ecome so collect- ed and knotted at I, as to obstruct and bend the teeth.** 'The under part of the breastwork next the cylender, ought, as hais bi'lJ-ae been observed, to be made of iron or brass. It m.ay be cast either in a solid •piece and the openings for the passage of the teeth cut with a saw and files, or in as many parts as there are spaces between the several rovvs of teeth in the cylender and in for'm of Fig. 12, and the pieces set, fby means of a shank or tenon, in a groove run- ing lengthwise along the wooden part of the breastwork. The brea&twork described, if proper- ly constructed, will it is thought an- swer every valuable purpose. But I shall mention one of a different con- struction which I have used, with suc- cess, and is made in the following manner: Form a breastwork of the same shape and dimensions as the one be- fore described, entirely of wood. PLace a bar of wood one inch below the cyl- ender and parallel to it, then witlh straps 'Or ribs of iron, brass or tig. plate con- nect the breastwork of -of wood w'iththe bar 'belbw. T.'he ribs or straps must be so ap- plied as to sit close to the surface of the cylender between the wooden breastwork and the bar, and if of a width that will per'mii them to wo -•.•)< .'fre el y b e t wi? enl c he' ann u Lar'lroiws of te e t h . That end of e.ach stra.p which is fas- tened to the breastwor'k should divide widthwise into two parts, one of which should pass alo'ng the lower surface of the breastwork, and the other run up its front. In Fig. 14, B, is the wooden breastwork. (D, the bar below the cyl- ender, the dotted circle B, B, the cylen- der E, E, the ^trap C, the place where the strap divides, and A, A, A, wood screws or nails with whic'.h the strap is made fast to the bar and breastwork. 4. The clearer C, Fig. 1. is construct- ed in the follbwing miar.ner: Take tin iron axis perfectly similar to that de- scribed as extending through the cyl- **If the perforation aibout 3-16 of an inch be made through the breastwork at the upper part or end of each groove, the metal part need not be mo.re than % of an inch thick. 4th. The clearer is placed horizon- tal with and parallel to the cylinder. Its length is the same as that of the cylinder, and its diameter is propor- tioned by convenience. There are itwo, four or more brushes or ro'ws of bris- tles, fixed in the surface of the clearer 31 OKIGINAI. PATENT. erder, except that it need noit be so large nor fitted for Lhe application ol; a vvin'Ch. Frame together ci^osswise at right angles two pieces of timber of suitable size and ol a length about equal to the diam.eter cf the cylenders, so as t'O make the four arms equal tn length, afnd insert the axis through the centers O'f uvo cro.£lseis or frames of th"s kind. Let their distance from each •other 'be one- third of the length 'of •the cy lender and m'ake tihem fast on the axis. 'The arm/s of the two crosses are then connected by four pieces, of the sianie length of the cylender, equi- distant from the axis, and parallel to lhe same, and to each other. In each of the parallel pieees, on the outside or side opposite the axis, a channel is m.ade leng-thwise for the rece'ption of a brush. The brush is made of hog's bristles, set in a manner some'vvhat sim.ilar to that of setting the reeds in a weaver's sleigh. Between two strips of wood about % of an inch in thick- ness and half an inch in breadth, is placed a small quantity of bristles, then a strong thread or twine is wound round the sticks, close to the bristles, then another quantity of bristles is inserted, etc., till a brush is formed, equal in length tO' the ■cylender.* The bristles on the .side A, A. Fig. 6, are smeared with pitch or rosin and seared down with a hot iron even with the wood, to prevent them from draw'- ing out. On the other side they are cu'. vVich a chisel to the length of aibout one Inch from the wood. A brush of this kind is fixed in each of the before mentioned channels. The boxes as well as axis of the clearer, are like those of the cylender, parallel to it and at such a distance, that while it revolves the ends of the bristles strike with a small degree of friction o-n the cylender's surface. Its use is to brush the cotton from the teeth after it is forced through the grooves and separates from its seeds. It turns in a direction contrary from that of the cylender, and should so far outrun it, as completely to sweep its whole surface.** * (Perhaps nailing these Straps t o- gether would be better than winding them with twine.) **(The brushes may be fixed in a stock which is movable by screws so as to bring them nearer or carry them far- ther from the eylender.) SUBSTITUTED PATENT. in such a manner that the ends of the l)iist:es will sweep the surface of the C'ylinder. Its axis and boxes are similar to those of the cylinder. It is turned by means of a band and Whirls, moves in a con\trary direction from the cylinder by which it is put in motion, and so far outruns it, as to sweep the cotton from tjhe teeth as fast as it is carried throug-h the breastwork, Tne peri- phery of the whirls is spherical and the band a broad strap of leather. 32 ORIGINAL PATENT. SUBSTITUTED PATENT. A clearer with two brushes may be made by simply screwing- upon the axis the board K, Fig. 4, and another similar board on the opposite side, whi'Ch leav'e spaces for the insertion of the brushes, S, S. The cleaner may be also formed of »a cylender with igrooves running lengthwise in it for the re- ception of the brushes; or in any other way, which may be found convenient. The number of brushes in the clear- er is not material; but let it be ob- served that the distance from E to E, Fig. 1, between the brushes, must be at least 4 or 5 inches, otherwise the cotton 'Will wind up 'round the clearer. The surface of the clearer moving much faster than that of the cylender, the brushes sweep off the cotton-cotton from the teeth. The air put in motion by the clearer, and the centrifugal force of the cotton disengage it from the brushes. Note. It is best to set the brushes in the grooves in such a manner, that the bristles will make an angle of about 20 or 25 degrees, with the diameter of the clearer, in the di- rection E, O, Fig. 1. By that means the bristles fall amore perpendicularly on the teeth, strike them more forci- bly, and clear off the coti'on more ef- fectually. The clearer is put in motion by the cylender, by means of a band and whirls. These whirls are plain 'wheels of solid wood, a.bout 2% or 3 inches thick, their periphery is a spherical surface swelling at the centre, and and sloping off at the edges. To give them a proper shape, take a perfect globe of the same diameter as your intended whirl; inscribe upon it a cir- cle dividing it into two equal parts; then cut the globe on each side, paral- lel to the plane of the circle, and at the distance from it, of half the thick- ness of your whirl. On these whirls runs a leather band, the bread:,h of which answers to the thickness of the whiirls. The banid may be broader or narrower and the whirls thicker or thinner in proportion as the resistance to be overcom.e is greater or less. The reason for giving-igiving the whirls this' shape ifs to .secure 'th'e;m the better from being unhanded. A band of this kind always inclines to the highest place on the whirl, and is much less liable to be cast off from the work, when it runs on a special surface, than when it runs in a groove in the peri- phery of the whirl. The whirls are four in number and must be so arranged as to make their 33 ORIGINAL PATENT. central planes coincident. The whirl ?d;, Pig-. 3 is fixed upon the end of the axis of the cylender wibh'out the frame, and the button A, Fig-. 5, is screwed on with the screw driver, B, to keep the whirl in its place. L. is put upon the axis of the clearer io the same manner. P, Q, whose axes are pivoiia made fast in the frame, are false whirls added for two purposes. 1. 'To make the clearer turn in a contrary direction from the cylender. 2. For t:he purpose of doubling- the band more codnpletely round the small whirl L, so as to bring a greater portion of the whirl's surface into contact with the band, increase the friction and conse- quently turn the whirl more forcibly. The first of these purposes might be accomplished by the addition of one false whirl, but the second not so ful- ly without two. The dotted line W, V, represents the band. The diameters of the whirls E, L., siboiuld be so-iSo pro- portioned as to produce a proper de- gree of velocity in the clearer. The axis of the whirl Q, is fixed in a plate of iron, which is movable in a groove in the side of the frame and the band is made tighter or looser by moving the plate. This arrangement of whirls produces the same movement as a cog wheel and pinion, with much less fric- tion and expence, and without the rat- ling noise, which is always caused by ■fhe quick muiion of cog wheels. 5. One side of the hopper is formed by the breastwork, the two ends by the frame, and the other side is movable so that, as the quantity of cotton put in at one time decreases, it may slide up nearer the cylinder, and make the hopper narrower. This is necessary in order to give the seeds a rotary mo- tion in the hopper, by briniging them repeatedly up to the cylinder till they are entirely stripped of the cotton. D, Fig. 1, is a section of the -movaible part of the hopper. The part from H to I should be concave on the side next the breastwork, or rather it should be a portion of a hollow cylender. Between H and Y, is a crate of wire through which the sand, and the seeds as soon as they are thoroughly cleansed, fall into a re'ceiptacle bel/o.w. The crate may be either fixed in the-the frame or connected with the 'mov'alDle part of the hopper. The wires of which the crate is made should be large and placed perpendicular to the cylender, that the cotton may turn the more easily in the hopper. SUBSTITUTED PATENT.. 5th. One side of the hopper is formed by the breastwork, the two ends by the frame, and the other side is movable from and towards the breastwork, so as to make the hopper more or less capacious. 34 ORIGINAI, PATENT. SUBSTITUTED PATENT. A few additional remarks will suf- flicienMy shew the construction, use and operation of this machine. The cotton is put in the hopper, I, D, H, K, A, U, S, Fig- 1, in as laig^e a quantify as the cylinder will put in mbiion. Some of the seeds become stripped sooner than others. If il be Dlack seed cotton, the seeds become smooth, will most of them fall through the cr;.'1' as som,-; a^ they are clean, Ijut a considerable part of the g-reen seeds which they are thu« denominated from being covered with a kind of green coat, reisemibling vel- vet will continue in the hopper. It will not answer therefor to supply it grad- ually as the quantity m it diminishes, because the seeds will i^olon grow cum- brous and by their constant interven- tion prevent the teeth from attaching themselves to the cotton so fast a,s they otherwise would, but one hopper full muist be finished, the m'0\ia(oLe part drawn back, the hopper cleared of seeds and then supplied with cotton anew. There is a partition Y, W, under the cy lender on the left-left hand of which "0..- the side beneath the ho;pper, rhe .seeds fall, amd the clean cotton hn the other side. There may be a recep- tacle for the clean cotton in the frame, but it is best to have an opening through the wall or partition into a • contiguai-y rcom, then place the end of the machine against this opening and let the cotton fly into a close room; or it may fall through an opening in the floor into a room below. This machine may be turned by horses or water with the giieatesi ease. It requires no other attendance, than putting the cotton into 'the hopper with a basket or fork, narrowing the hopper when necessary and letting out the seeds after they are clean. One of its peculiar excellencies is, that it cleanses the kind called green seed cotton almost as fast as the black ^'^ed. If the machinery Is moved by water it is thought it will diminish the usual labor of cleaning the green seed cotton ;at least forty-nine fiftieths. The cotton is put into the hopper, carried thro' the breastwork by the teeth, brushed off from the teeth by the clearer and flies off from the clear- er, with the assisi^ance of the air, by its own centrifugal force. The ma- chine is turned by water, horses or in any otiier way as is most convenient. There are several modes of making the various parts of this machine, which together with -their particular shape and formation are pointed out and explained in a description with drawings, attested as the act directs and lodged in the office of the Secre- 35 SUBSTITUTED PATENT. t.ary »of State. EKI WHUTXEY. S'ign'ed in presence of CHAUN'CGY GOODRICH, Counsellor at liaw, iHartford. JOHN ADLEiN, Counsellor at Law, Litchfield. (Received and recorded May 2, 1841, and Ex'd W. G. C.) ORIGINAIy PATENT. The foregoing- is a description of the machine for cleansing cotton alluded to in a peJtitlion ot the subscriber, dated Philadelphia, June 20th, 1793, and lodged in the office of the Secretary of State, all allaginig- thai he, ihe sub- scriber, is the inventor of said ma- chine, and signifying his desire of ob- taining an exclusive property in the same. ELI WHITNEIY. Signed in presence of OHAUNCEY GOODRICH, Counsellor at Law, Hartford. JOHN ALLE.N, Counsellor at Law, Litchfield. State of Connecticut, ss. City of (New Haven. I, Elizur Goodrich, Esiq., Alderman for said City, and Notary Public, by lawful authority admitted and sworn, residing in said City, and by law au- thorized to administer oaths, do here- by certify, declare and make known to whom it doth or may concern: That at said City on the twenty-eighth day of October, one t.hlousand, seven hun- dred and ninety-three, Eli Whitney, of the county of Worcester, in the commonwealth of Massachusetts, now residing in said 'City, personally ap- peared before me, the said Alderman and Notary, and made solemn oath, that he does verily believe that he the said Whitney, is the true inventor and discoverer of the machine for ginning co.'tt'on, a detscriptibn iwhereof is hereto annexed by-by me, the said Al- derman and Notary, by my seal Notari- al, and that lie, the said Whitney, verily believes that a machine of similar con- struction hath never before been known or used. In testimony 'whereof, I, the said Alderman and Notary, have here- unto set my hand and seal at the city aforesaid on the day above said. (L.,S.) ELIZtJR GOODRTOH. )Alderman and Notary Public. UNITED STATES OF AMERHCA. To all tio whom these Letters Patent ishall come: Whereas, Gli Whitney, a citizen 'Of (NOTE.— Corresiponding clause oc- the State of Massachusetts, in the ^urs at the beginning of this paper.) United States hath alleged that he has invented a new and useful im- provement in the mode of ginning cot- ton, which improvement has not been known or used before his application, has made oath, that he does verily be- lieve that he is the true inventor or 36 ORIGINAL PATENT. discoverer of the said improvement, has paid into the Treasury of the Unit- ed States, the sum of thirty dollars, delivered a receipt for the same and presented a petition to the Secretary ■of State, sig-nifying a desire of ob- laining an exclusive property in the said improvement, and praying- that a patent may be g-ranted for that pur- pose: These are therefore, to g-rant according- to law, to the said Eli Whit- ney, his heirs, administrators or as- signs, for the term of fourteen years, from the sixth day of [November last, the full and exclusive right and liber- ty of making-, constructing-, using- and vending to others to be used the said improvement, a description whereof is given in the words of the said Eli Whitney, himself, in the schedule- schedule hereto annexed and is made a part of these presents. In testimony whereof, I have caused the letters to be made pat- ent and the Seal of the United iStates to be hereunto afflxed. Given under my hand at the city of Philadelphia, this fourteenth day of March, in the year of our 'Lord, one thousand, seven hundred and ninety-four, and of the Inde- pendence of the United States of America, the eighteenth. (L. S.) GEO. ^VAJSIHIXGTGN. By the President. EIDM. RANDOLPH. City oif Philadelphia, to-wit: I do hereby certify that the fore- going Letters Patent were delivered to me on the fourteenth day of iMarch, in the year of our Lord, one thousand, seven hundred and ninety-four, to be examined. That I have examined the same, and find them comforma.ble to Jaw. And I do hereby return the same to the Seciretary of State, within fif- teen days from the date aforesaid, to- wit: On this same fourteenth day of March, in the year aforesaid. WM. B,RAC7 Document IV. Document V. In Reply Please Refer to C. W. K. Letter (Nio. 8348. All cojnmunications should be addressed to ■"The iCommissione'r of Patents, Wash- ing-ton, D. C. department 'of the Interior, U'^VlTtED ST'ATEIS PATIEiNT OFFICIE, Wa^hing-ton, D. C., January IS, 1901. Mr. D. A. Tompkinis, United States Industrial Commission, Bliss Building, Washington, ,D. C. Sir:— Your letter of the 14th instant has been received, and in reply tliere- to the Commissioner directs me to say that on Decemiber 15, 1836, a fire de- stroyed the building- in which the Patent Office -was, with all the models and records and the library. By an act of March 3, 1837, pr'oviaion was made to restore the specifications, drawing-s and models, by obtaining du- plicates of them from the persons pos- sesising the originals, for which pur- pose an appropriation of $100,000 w^as made. The whole number of models destroyed was about 7,000, and the records covered a,bouit 10,000 inven- tions. The work of restoration contin- ued for twelve years, and $88,237.32 was expended out of the amount allowed. On September 24, 1877, the roof and model rooms and contents in tihe west and north wings of the building- were destroyed by fire. About 87,000' models and 600,000 copies of drawings were ruined by fire and water. A full ac- count of tlhis fire was published in the Official Gazette of the Patent Office on October 9, 1877. Very respectfully, E. V. iSIHEPARD, Chief Clerk. CERTIFIED COPY OF BILL OF IN- JUNCTION AG-AINST FORT & POWELL FOR INFRI'NGEMENT OF GIN PATENT. This paper is now on file in the United iStateis Court House, Savanmah, Ga. To the honorable, the judges of the Circuit Court of the United States for the district of Georgia: Humbly complaining shew^ unto your honors your orators, Eli W^hitriey, of the State of Connecticut, and Catha- rine Miller, and Lemuel Kollock, ex- ecutors of the last will and testament of Phineas Miller, deceased, all citi- zens of the United States: That by virtue of an act of the Con'gress of the United (States entitled an act to pro- mote the progress of useful arts, and to repeal the act heretofore made for that purpose, passed the twenty-first day of February, in the year of our Lord, one thousand, seven hundred and ninety-three, letters patent 'were issued in the name of the United States, and bearing test by the presi- dent, thereof, on the fljurteenth day of February, in the year of our Lord, one thousand, seven hundred and ninety- four, whereby the United ,Sitates of America did grant unto your orator, Eli Whitney, his heirs, administrators, and assigns, for the term of fourteen years, from the sixth of November, in the year of our Lord, one thousand, seven hundred and ninety-three, the full and exclusive right, and liberty of making, comstructing, ulsing and vend- ing to others to be used, a certain new and useful improvement in the art of ginning cotton, which improvement had not before been knoiwn 'or used, whereof yiour orato^r, Eli Whitney, was the original invent o.r, the -principle io,Z which invention consists in the art of extracting the cotton from the seed by means of teeth com'posed of metal, which teeth are attached to a cylender, •on which they revolve, passing through g-rooves, or openings of a breastwork too narrow to admit the seed, through which grooves the cot- ton is carried by the teieth and after passing through is brushed off from the teeth 'byacl'earer or bru'sh; asby the Units^ States op America,) [^^^^^-^ DIVISION \ s-s- Georgia. djAertbt/ certify that the Writing annexed to this certificate .^^^^^^^ . . true cop^ 9J y// /espec^e fjiginal now onfile, and r^ainifig-pn. j;^cord in my office,^ ^.. y^ respectiue of^ginal now c V, K/v/vvV I// WITNESS WHEREOF, I have cau^ the seal of the said Court to he hereunto affued, at the, City^M^^^^^z~^ of in the Southern District qf Georgia, this ^^ day of ^^^^^ in the year of oar Lord, one thousand eight hundred and ninety and of the Independence of the United Stales, the one hundred and twenty V2^ r, !. ""'"" "°" '"' ''" """"'■•^^ •"• -"^ -— .., ... , „, Fig. VIII. CertiScation of Bill of Inj action by Deputy Clerk U. S. Court, showing few lines of document attached. 39 said letters patent under the gpreat seal Ol ihe Unit'ed States, bearing d!ace the said fourteenth day of March, seven- teen hundred and ninety-four, (a copy whereof is exhibit A, which your ora- tor prays may be taken a part of this bill) will more fully aippear. And your orators further shew that on the twenty-first day-day of June, in the year of our Lord, one thousand, seven hundred and ninety-four, one of your orators, Eli iWhitney, being so pos- sessed of, and entitled, to the exclusive right abo've set forth, by indentu're bearing date on the day Last men- tioned, by virtue of the fourth section of the before mentioned act, did assign and transfer unto Fhineias M'iller, one moiety, or half part, of the title and interest in said invention, which he, the said Eli Whitney had acquired and held, under, and by virtue of the sa'id L#etters Patent, as by the said inden- ture, executed, and recorded in the office of the .Secretary of State, in pur- suance of said act, (a copy whereof is exhibit B) will more fully appear. And your orators further 'shew, that, by ai- ticles of copartnership, duly made and executed, by and between Gli Whitney, one of your orators, and Phineas Mill- er, (who hath lately departed this life) it was, on the twenty-first day of June, in the year last aforesaid, agreed that all concerns which in any way re- spected the employment or disposal, of the invention and improvement in gin- ning cotton ahove set forth, should be conducted under the firm of Miller & Whitney, and that by virtue of the said deed of assignment iand arti- cles of copartnership and of the ■afore- said statute the said Phineas Miller became interested wit^h a joint inter- est in the invention and in the exclu- sive right thereto attached by the said Letters Patent, and that by virtue thereof, the said Phineas Miller, in his Me lime, was, and your oirlators, ex- ecutors of the last will, and testament, of the said Phineas. since his death, now are placed on the «ame footing with the said Eli Whitney, the original inventor, both as to riarht and respon- sibility. And your orators further shew to your honors, that bv thp act of the United States, above stated, and also by an act passed the seventeenth day of April, in the year eighteen hun- dred, entitled an act to extend the privilege of obtaining patents for use- ful discoveries and inventions to cer- tain persons therein mentioned, and to enlare-e and define the penalties for violating- the rights of patentees! it is made and declared unlawful where a patent shall be or shall have been granted, pursuant to eiiher of the said acts, for any person 'without the •con- sent of the patenle'e, his or her execu- tors, admAnistraL'o.is or a.sisigns first O/O- tained in writing to mi.ke, de- vise, use or sell, the thing whereof the exclusive right is secu.i entee by such patent. And your ora- tors further shew, that, by virtue of the aforesaid statutes, and by the sanction and authority of the afore- said Letters Patent, Eli Whitney, one of your orators, and the said Phineas Miller, in his life time, were, and your orators, ih'at is tosiay, thesaudEli Whit- ney survivor, as aforesaid, and the said Catharine Miller and Lemuel Kol- lock, executors of the said Phineas Miller, now aire and continue to be in- vested with and ehtibled unto, and ought of right to have hold and peaceably enjoy the exclusive right and privilege of making, devising, using and selling to others to be used, gins constructed on the plan and according to the prin- ciples of the said invention for the term of years limited by the said pat- ent, accoirding to the true intent and meaning of the acts of Congress and Letters Patent, as above stated. And your orators charge that no machine of a similar construction to the one for which the said Eli Whitney hath ob- tained a patent was ever invented, or used in the United States, Georgia, or elsewhere for ginning cotton, until in- vented by the said Eli Whitney; on the contrary, the only mode, me'.hod and device, used in Georgia, or elsewhere for extracting g-reen seed as well as black seied co.ton frb'm the seed, was by roller gin's. Which are en- tire dissimilar in their principles from the present machine of your orator. And your orators do further shew to your honors, and expreissly charge that Arthur 'Fort and John Powell, who are citizens oif the State of Georgia, not re- garding the right thus constitutionally and legally vested in the said Eli Whitney and Phineas Miller, their rep- resentatives and assigns have pro- cured, and since the seventeenth day of April, in the year eighteen hundred, have used and still continue to use a machine for ginning or cleaning cotton, upon the principle of the said improve- ment and invention, that is tO' say, a machine-machine for extracting cottoin from the seied by means of metal- lic teeth or points, attached to, and revolving on a cylender and pass- ing through groove® or openings of a bre-astwork, too narrow to adlmil the seed, through wTiich igrooves the 40 cotbon IS carried by the tele'th, and after passing through is brushed off irom the teeth by a cleaner or brush without the license, assent, or permis- sion of the said Eli Whitney, or of the said Phineas Miller, in his life time or of the executors of the said Phineas -Vjiller, since his death. And your or- 5,^:°^^?,.f"^ther shew that your orator, Eh \A/hitney, and the said Phineas MiLer, in his life time, have often ap- plied to the said Arthur Port and John Powell in a friendly manner, so- liciting them to desist from the use of the said machine, and the infraction ot the said exclusive right, not having obtained a license, or permission from your orator and the said Phineas to use the same. And your orator and the said Phineas well hoped that the said Arthur Fort and John Po'well would have ceased to use the said ma- chine and have made compensation to thesaid patentees for the violation of their patent right, as in justice and equity they ought to have done. But now so it is, may it please your hofn-ors, that the said Arthur F'ort and John Powell, combining and confeder- ating with divers other persons yet unknown to your orators, whose names when discovered your orators pray may be inserted in this bill, with apt words to charge them, designing and intending to oppose the constitu- tion .of the United States, as well as the governme^nt and laws establish-d and enacted under its eian'ciilon, and for this purpose d;esignini? by th-ir poipulair but evil exampLe toinduci- and •promote a gen'er-al violation of their f?""^ e!''? '''^^^ ''"'°"» ^he citizens of tne ,bi,ate of Georgia and thereby de- prive the patentees of its advantages have by some fraudulent, surreptitious means, unknown to your orators, ob- tained, and do continually without any h cense or permis'sdon from the paten- tees, use the invention for separating cotton from the seed above set forth whereof the exclusive right is vested in your orators, as aforesaid. And that the said Arthur Fort and John Powell do absolutely refuse to discontinue the use thereof, at some times pretending that the machine above described is not a useful invention, that, for this reiason the patent was fraudulently ob- tained, and oue-ht to be disree-arded in a court of equity. Whereas, your ora- tors do allege and charge, th-^i- the in- vention and improvement 'aforesaid -was the first and original method in- vented for separating the species which is termed the green seed cotton from the seed, that until this invention was brought into use the species of cotton was not, and could not be ex- tensively cultivated for want of a mode of separating it from the seed and that the success of this invention auone has induced and promoted the culture of that staple, by which the citizens of the Southern tSates, have within a few years past been greatly enriched. And at other times the said detendants and their confederates pre- tend, that the said machine was not onginally invented by the said Ei V\hitney, but was in use before the said Letters Patent were issued. Whereas, the fact is, and your orators expressly charge, that the principle of the said machine, and the mode of ap- plication above stated, and particular- ly defined in the description annexed to the said Letters Patent, were orig- inally invented and discovered by the said Eli Whitney. At other times they pretend that the said Eli Whitney, one of your orators, obtained the said 'Let- ters Patent for the discovery of some other person, whereas, your orators allege that the contrary is true and that the said defendants and their con- federates have not, with all their ex- ertions and researches to injure your orators, been able to produce any dis- covery which is materially similar even m principle, and much less in the application of principle to the purpose and use designated by the said Letters Patent. And it is also pretended by the said defendants and their con- federates that the machine used by them contains in it an im.provement in the principle of the machine invent- ed by the said Eli Whitney, of which your orators have the exclusive right, that is to say teeth cut into circular pieces o'f metal, instead of teeth made from wire, inserted into the cylendeir. Whereas your orators charge that if such alteration is an improvement in the principle yet it does not entitle the inventor of such improvement nor any other person to use the m'achine orig- inally invented. And whereas also your orators charge that the alteration above stated inakes no alteration or improvement in the principle, but is merely a change in the form of that pari of the machine, and that in the operation of the machine the effects of the points or teeth indented into sol- id pieces of metal is precisely the same as that of teeth composed of wire and insprted in the cy lender. And the said defendants and their confederates set 41 up various pretensies unjustly a'.nd un- la'wfully to use said invention, in vio- lation of the patent right of your ora- tors, and at the same time to destroy the benefits which otherwise would re- sult from the same. A".l which actions and doings and pretenses of the said Arthur Fort and John Powell and their confederates are contrary to equity and good conscience and tend to the m.anifes't injury of your orators. In consideration wherof and for as much as your orators cannot restrain the .said Arthur "Port, and John Powell from the unjust use of the said inven- tion without the aid and interference ■ of the equitable jurisdiction of this honorable court. And as the said Ar- thur Fort and John Powell use the said m.iachine in a secret and clandes- tine m>anner so that your orator can- not have the benefit of a full and ef- fectual remedy at comimon law against the said Arthur Fort and John Powell and their confederates for want of proof of such use and infringement, and of the actual injury sustained thereby, to the end therefore that the said Arthur Fort and John Po-well and their confederates when discovered, may make full, true and perfect an- swers upon their several and corporal oaths, to all and singuMir Lhe matters herein alleged, as fully and particular- ly as if the same were herein again repeated, and they thereunto interro- gated, and m.ore especially that the said Arthur Fort and John Powell may respectively answer, 'whether they have not used a machine constructed upon the principle above set forth, for the purpose of separating cotton from the seed, that is to say, a machine for extracting cotton from the seed, by means of metallic teeth, or points, at- tached to and revolving on 'a cylender. and passing through grooves or open- ings of a breastwork, too narrow to admit the seed, through which grooves the cotton is carried by the teeth and •after passing through is brushed off from the teeth by a cleaner or brush, at which period they comm.enced the use of such machine, and 'whether they continue to use the same. What quan- tity of cotton he has ginned therewith, of bow many circle of teeth the said gin consisted, whether it is impeded by water, or by what other 'way. And the said Arthur Fort and John Powell may be restrained from the further ucp ,of '='aid invention. IMay it please vour honors to grant to your orators the United States writ of .c^ubpoena to be directed to the said Arthur Fort and John Powell, com- manding them, under a certain penal- ty, therein to be inserted, personally to appear befiore the ho^^ora,ble the judges of the Circuit Court of the United States for the district of Geor- gia, at Savannah, on the sixth day of May next, then and there to answer tho premif'es, and to stand to, and abi3e such order and decree therein, as to the i=aid judges shlall seem agiieeable to equity and good conscVenlce. And may it also please your honors to grant unto your orators a writ of in- junction to be directed to the said Ar- thur Fort and John Powell, their agents, vvorkm.en and servants, com- manding and enjoining them and each of them under la penalty therein to be specified, t>3 'be levied on their goods and chattels-chattels, lands and tene- ments from henceforth altoigether to desist from using the 'sald machine and invention. And your orators shall ever pray, etc. JOHN Y. NOEfL, oif Counsel wifh Compt. rzii Whitney being duly snvorn maketh oath that the matters of fact slated In this, his bill, as far as concern hi'£ own act and deed are true o,f nis own knowled.fe and that what relates to the act and deed of 'any lother person or persons, he believes to be true. ELI WHTTXFY. iSwoirn to befiore me this 31st Jan- uary, 1805. R. M. STI'T'ES, Clerk. EIXTD O RiSFiME'NT. District of Georgia, Circuit Court of the United States. In Equity. Eli Whitney and the Executors of Phineas Miller, deceased, vs. Arthur Fort and John Po'well, esquires. Bill of injunc- tion. Filed 16th of March, 1804. ^Xo^^l. Decree for perpetual injunction vs. Powell, 13th May, 1806. Decree for same vs. Arthur Fort, 19th Cecem.ber, 1806. Stites, Clerk. FORT'iS ANSWER. IN T'H'E ,SIXT,'H CTRiCUTT lOOUKT. JBILL FOR BNJUINOTIOtN. E:i Whitney and the Executors of !Ph'inea,'s M.iiller, ComplainanDS, and Arthur Fort and John Powell, De- fendants. The answer of Arthur Fort, one of the defendants to the bill of complaint of Eli Whi'ney and the r "xecutors of Phineas Miller, complainants. 42 The defendant, Arthur Fort, savins and reserving- to himself now and a[ all limes hereafter all and all manner of benefit of and advantag-e of excep- tions to the manifold uncertainties and i'^^TS"'^'''"^ in the complainant's said bi'Il contained, for aniswe- therteun- 10, or unto so m-uch therieor asmateral- ly concerns this de'fendfant to ma-ke an- s'wer unto he ansvvereth and saith, ^ if- ^^'^eveth it to be true that the said Eh A^hitney did obtain Letters Patent for the right .of making-, using- constructing and vending to others to be used a certain machine purporting to be a new and useful improvement in the art of ginning cotton, and that h^e did transfer one moiety of his right thereunto unio the said PhiLn-eias Miller as stated in the bill of complaint of the said comvplainants; and also that an act was passed on the 17th uay of April, 1800. to the intent and purport expressed in the said bill of complaint, but this defendant denies it to be true that the machine pretended to be in- vented by the said Eli Whitney was a useful one because as he hath been in- formed the cotton thinned or cleaned thereby was materially injured in its staple and texture. This defendanr admits that it doth not come within his knowledge that any machine on •similar prancdiples was used in Georgia or elsewhere for the ginning of cotton, but he hath been informed and doth verily believe that a machine con- structed on similar principles, though somewhat dif^ferent in its formation had been known and in use in Europe previous to the lime of the said Eli ^hitney's obtaining his patent, al- though It might have been applied to a. different purpose than that of gin- rirg cotton. This defendant also admits that he di'd not know of any other m,od>e of gin- ning coitt.on-eotton used in Georgia pre- viicus to the time of o,htainin)? the said patent, o-ther ithan that 'of rollers Thus defendant adini'ts that he ha h «inoe the ITt.h of April, 1800, and a considerable time previous thereto, used a m.achine for the purp-ose of gin- ning cotton consisting of circular me- taliic plates fastened on a square iron axis, with teeth, cut in the periphery of the plates, and a brush to detach the cotton from the teeth, but he de- nies that the same is in form similar to that of the Patentee, according to the best of his information, having never seen one of the maohinespretend- ed to be invented by Eli Whitney, but whether there is any or what simiiLaiirvr in principle, he cannot say— because- having never seen the machine of the Patentee and not being sufficiently skilled in mechanics he cannot be posi- tive. The defendant denies that he hath been requested to desist to use his machine otherwise than by having- been sued and harassed and perplexed hy the complainants in an action on the common law side of this honora- ble Court, and by the present bill of" complaint on the equity side thereof. This defendant denies that his exam- ple has induced a general violation of the rights of the patentees; on the- contrary he is inclined to believe that If any infringement has been made on. the rights of the patente'es thait it has; been occasioned by the avarice of themselves and agents or some of them. This defendant hath already answered and said that he does not believe the machine for which the- patent was obtained is a useful one and that he doth believe that a ma- chine constructed on similar principles was known in Europe previous to the- time of obtaining the said patent. And this defendant also saith. That teeth cut m circular metallic plates is in his: opinion, a very considerable improve- ment. This defendant denies that he- hath used his machine in a secret or clandestine manner, but that on the- contrary he has never refused any per- sons the liberty of inspecting or exam- ining his machines, and that his gin- hc'u.se at all times at which his machine was at work hath been open- for the admission of such persons as had husiness therein or chose to enter- v!''i°- ^^^^ the complainants might have well had their action if to- 'any such they were entitled ('which th^s- defendant doth not admit) against him at common law, and that in^ruth the said Eli W^hitney, and the said' Phineas Miller in his life lime insti- P?u- \^"Jt on the common law side ot this honorable courf^for an infrin^-e- ment of their patent, but which ti^ey failed to prosecute. That he hath used a machine for cleaning cotton constructed as he hath alre^ady de- scribed for seven years or upwards, but he cannot say for the reasons al- ready mentio.ned, and also on account u r^^ seeing the Letters Patent, whether the said machine used by him ol ';S^"!^''"/^t^ °" the «ame principles- as that of the Patentees, and this de- fenoant continues to use the same. Ibis defendant is unable to sav what quantity of cotton he hath ginned with' 43 his machine, as he did not keep any chine for cleansing and separating- account thereof. 'That his machine cotton from its seeds, at the time and consists of forty-six circles of leeth, in the m.anner set forth in the bill of and IS impelled by water. And this de- said comrlainants. and he admits it to fendant denaes all and all manner o'f be true that he hath heard and be- confederacy and combination where- lieves the said Eli Whitney did after- with he stands charged in and by the wards transfer and assi-n to Phineas- said bill of complaint, without that, Miller, now deceased, a ^moietv of the that there is any other m.atter or s,aid invention, and :.he righ.ts at- thin^ material or necessary for this tsched thereunto, under the patent defendant to m.ake answer unto, and aforesaid, and he admits it also to be not herein and hereby well and suf- true that, said Phineas Miller did by ficiently answered unto confessed or his last will and testament nominate avoided, traversed or denied, is true, and appoint C'avharine Miller and liem- All of which matters and things this ^el Kollock, executors thereof. This, defendant is 'ready to aver and prove defendant also admits it to be true as this honorable court shall direct that he does bold, use and occupy a and award,_ and humbly prays to be machine or gin for cleaning cotton, hence dismissed with his reasonable commonly called a sa'w g,in; thai the costfs in this behalf mo^st wrongfully said gin has a wooden frame, and a. sustained. -i ^ -, ^ . J H'^.MILiiL breast, made of pieces or straps of iSol. for Deft. iron, placed at such a distance from Sixth Circuit Court, District of Geor- eoch oiber, as to admit the teath of Sia- circular metallic rows to pass through *^r^r ^^''^ ^^'^'"fv, fvl'f .^'''"°'.'' the grooves of said breast, that there ma.keth oath and saith. that what is . , . contained in the foregoing answer as '« a revolving cylender on v\%ich at far as concerns his own act and deed regular disitances from each othfer are is true of his own knowledge, and that placed circular metallic iron plates, Jieves to be true. o^''^ way; these teeth pass when re- AKTHTJ'R FOrRT. volving between the straps or pieces of IS'ubscribed by the above named Ar- iron affixed to, or form^ing- the breast, thur Fort in my presence and sworn ^^^ separate the cotton placed 'within to before me this lith day of Decem- ^, , „ .^ ^ ^-u ^ -^ ber, 1805. R. M. STITES, Clerk. ^he hopper from its seeds; that it con- E>NDORiSEMEXT tains a brush m.ade of the bristles of Sixth Circuit Court, ri:, Whitney hogrs, affixed to a cylender revolving in and Executors of Phineas Miller vs. a contrary direction to the one con- A. Fort and J. Powell. Answer of A Fort, Filed 19t:h Debembeir, 1805 taining the circular metallic plates or Stites, Clerk. Hamill. Solicitor. ^aws, and detaches the clean cotton. POWEL'S ANSWER from the saws or teeth. The machine TV TWT? PTRrTTTT- noTTOT o.T? T PTTT ^^ P"^ in motion by a whirl fastened I^ ™E CIRCmT j^ ^^^ ^^.^ 3f ^j,g cylinder first men- ^w.o^?A ' ^I^T^^C*^ ^^ tioned, roiund which is a, band a.nd C^EOKt^iA. propelled by horse. This defendant Eli W^hitney, surviving- copartner and denies all unl?.wful ccmbiration with executors of Phineas LYiiller, com- -which he stands charged without that, plainamts, vs. Jo.hn Powell, defendant, ^^ere is any other m.atter or thing ma- in Equity. teria'l or necessary for this defendant The answer of John Powell, defend- to make answer unto and not herein ant in the above case. This defendant and hereby well and sufficiently an- saving- and reserving to himself all swered unto, confesssd or avoided, tra- and all m,anner of exceptions to the versed or denied is true. S. JQiNES. manifold errors and imperfections in Solicitor for Defendant, the bill of complaint of said complain- ants, for ans'wer thereunto or un'o so Jefferson County, ss. m.uch thereof, as he is advised is ma- John Powell of . Louisvile, practi- terial for him to make ans'wer unto, tioner of physic, being duly sworn he answereth and saith, 'That he ad- m.aketh oa!b and saith that the facts' mits that a patent was obtained by Eli set forth in his foregcing answer is- W^hi^ney, one of the complainants, for true, so far as the sam.e concerns his- the invention of a cotton gin, or a ma- cwn act and deed, and what rests on 44 the knowledge of others, he believes to be true. jxo. POWE-L-L. ifeivyorn to and subscribed before me 1st May, 1805. M. SIHEILMAN, J. J. Ct. E'N'DORiS EiMEfX T. -Eli Whitney and Executois, Miil'Ieir vs A. \Fbrx and J. Powell. Answer of John Powe'Il. iFlled 6th May, 1805. Stltes Clerk. Document VI CERTIFIED COPY OF HODGE N HOLiMES' PATE'NT, 1796. This paper is now on file in the Unitted 'States Court House, Savannalh, Ga. EXlElMPiLIEPICL4T'I0X OIF T'HEi PAT- ENT OF HODGEIN HOUMEIS. ^ Arthur i^brt vs. Miller and Whitney, Case 9. And the said Arthur Fort by Robert VVatkins, his attorney, comes and de- lends tbe wrong and injury, when &c and s/aith that he is niot g^uilty of hie premises above charged on him aigainst he form of the statute aiJoresa;id as the said Phineas and Eli have above against him complained and of this he puts himself upon the country, &c. WATKINS, Defendants' Attorney. R. M. ISTTTEIS, Clerk. filed '^' ■^^''^ ^^^' ^'^^^''' &^- Plea Circuit Court, Georgia. DIECREIE FOR I/NJUNCTI'ON. ^'^i.^^hitney, et al, vs. Arthur Fort. 'Bill for injunction. 10??'^ ""^"^f ^"^^ on to be heard this 19th day of December, eighteen hun- dred and SIX, before the HonoTable Wm Johnson and the Honorable Wm ■btephens, on bill, answer, replication, testimony and exhibits, in behalf of the complainants. Whereupon it is ordered, adjudged and decreed that the injunction prayed tor by the complainants in their bill be granted them and that the same be made perpetual, and that the defend- ant pay the costs of this bill. Da^ed at Louisville, this 19th day of December. A. D., 1806. and in the 31st year of American Independence WILLIAM JOHNSO'N, JR. WM. iSTEPHENS. E(ND O RlSBMHNT. Georgia 6th Circuit Court. Whitney et al, vs. Arthur Fort. Decree for Per- petual Injunction 19th December 1806 Ent. pa ge^lB and 14. STIT'EIS, 'cierk! XfOTE. The woirds in thT^rk^us doc- uments which are repeated at inter- val.^, thius-thus, are supposed to be the words w;hich were formerly repeated at the bottom of the pa:ge. The clerk in making '^he ceivified copy muin have copied the,se words verbatim. D. A. T. The United iStates of America 'To all to whom these Letters' Patent shall come; Whereas, Hodgen Holm.es, a citizen 'Of the Stiate of Georgia, in the United urates, hath alleged that he has in- vented a new and useful improvement to-wit, new machinery called the cot- ton gin, 'Which improvement has not been known, or used before his appli- cation, has m.ade oath that he does verily believe that he is the true in- ventor or discoverer of the said im- provement, has paid into the Treasury of the United IStates, the sum of thir- ty dollars, delivered a receipt for the >^ame, and presented a petition to the Secretary of :State, signifying a desire ot obtaining an exclusive property in the said improvement, and praying that a patent may be granted for that purpose: These are therefore to grant according to law, to the said Hodgen Holmes, his heirs, administrators or assigns, for the term of fourteen years from the nineteenth day of the month of Aprrl last past, the full and exclu- sive right and liberty of making, con- structing, using and vending to others to be used the said improvement, a de- scription whereof is given in the words ot the ,sa,id Hodgen 'Holmes hiimself in the schedule hereto annexed and is made a part of tbese presents. In testimony whereof, I have caused these letters to be made patent and the seal of the United .States to be hereunto aflixed. Given under my hand fl.^il'^ ^'''^^. °^ Philadelphia, this tv\elfth day of May in the year of our Lord, one thousand, seven hundred and ninety-six, and of the Independ- ence of the United Stales of America the t'wentieth. By the President. GEIORlG E W A;S BI X GTOX TIMOTHY PICKERIXG? ' <^- ^O Secretary of State. Ci^y of Philadelphia, lo-wif I do hereby certify that the fore- going Letters Patent were delivered to me, on the twelfth day of Mav. in the year of our Lord, one thousand, s-ven l^nS:^ fS f^^ "i"ety-six, to be exam- ined, that I have examined the same UNITE^^TATEe OF AMERICA,\ ^ rd^"?*:™!. 31 VISION. ! ■^•^• SOUTHERN DISTRICT OF GEORGlA/'y; ^ /.. J^/M^M^: ^~ c,,r,.S,He ~^^^^*r:Z^ Court of the (hiited States of America, for the Southern District of Georgia, do hereby certify that the Writing annexed to this eertificate ^ *i^ true cop ^. of z^z'.. /Respective original now onfile, and remaining o/f^eeord in my office. TO .Uy^^^.^^-^^^0.^^ .^ ^. /^^^. ^ ' S^ ,> A-"^ ^:,''f-'r> '''^ ^^ WITNESS WHEREOF, I tuive caused/the seal of the said Court to be ^^'' '„ J^-~.CVl hereunto affued. at the Citif/^^^?:^^^^?^':^^ ^ in the Southern ^= '''V /'^*/ ^ '> District of Georgia, this ZJ'^.. day of^W^ in the year of our Lord, one thousand eight hundred and ninety and of the Indeaendence of the United States, the one hundred and lerk. ''^:^^^:..A^^i :,.:. oms.„„. .v., „«„■ «»um. -nc.n>.,.^,.. ,..vm^y,, nm.c.r.n, ..Uk the -^V»olul« bor^no Cio^:.^^ and IS nicidc; a pcH't oP tho;i Fig. IX. e-io. let I Co lo he n,oOe Certification of Holmes' Patent by Deputy Clerk U. S Court, showing few lines of document attached. 46 and find them comformable to laA' and I do hereby return the same to the Secretary of State within fifteen days from tbe date aforesaid. to-wi,t; on this t'weltfh day of Mav. in the year aforesaid. CiHARLES LEiE, Attorney General. The schedule leferred to in these Let- teas Patent and making- part of the same containing a dsscrip iun in the words of the said Ho'dgen Holmes him- self of an imprbvement, to- wit:' new- machinery called the cotton gin. PIX'PLAXATION OF THE WHOLE MACHINERY. This machiinery for cleaning- cotton fiom the seed, can fo.e used in the fol- lowing ma.nner, wiz: The whole ma- chine (standing on the floor) is made of wood, six feet, six inches wide, flv'e feet long and five feet hig/h, by puiting this machine in motion for use of the before me.n Honed purpose, is to be done by the fo: lowing direction: The cyiender frijm eight to fourteen inche Island Factory is agreeable. 'My anxi- eties on this subject are kept awake by the large sum We have at stake. Yoni are lalm'ost surprised that my con- ftdence should 'oe shaken; the people here are surprised that it should no- I.e entirely destroyed. I think your advice good r^spectin''- keepung a supply of cotton at New Haven and New York. I have only been pr.evented frbm pinching necessi-ies doing this heretofore, and shall proceed as much 'as my funds will possibly ad- mit this winter. I have indeed en- deavored to extend my credit to the purchase of 40 or 50 m. weight of cotton a. the low price at whidh it is t'o be had at present— viz: $'3,150, and for ca=h "'» per hundred. I have ali'o set on foot in common with Mr. Rupel a traffic over the mountains to the distance of three hundred miles by land, which I think win enahle us lo vend a few thousand weight of cotto.n very pno'fltably iFor^tunate have we been in on- in- stance among so isinall a number of misfortunes in saving our cotton and samples of cotton at New York The repeated disappcmtments which have yet prevented your departure for Eng- land have become so frequent that thev almost cease to create surprise, and yA the evil arising from the detention ^s ^Dy no means diminished. I really think thai it will not be best that Nightin- gale should engage with us until some oha,nge in our affiaiirs can be broiu-ht about. W^e require at present his as- sistance and I should wish to make him the most liberal recompense without subjecting him to our misfortun'els in addition to his own. It will be best to take the deposi- tion of Goodrich and Stebfoins on Ihe subject of ratchet wheiels which may hereafter be rendered useful. I fear it cannot be had in time for otir Court which will sit the last of April The name of the Patentee for the s'urrepri- taous piatent I think is Robert Holmes 47 "Vhe names of our defendants, Kfenne- d'/ an'd Parker and Edward Lyions. I expected you wouM have procu.ed and sent on ihe copy of the patent which 'VMas to be siet )a.side. I shall now write for it myself. fT'he oird'eir w^hiioh was given to Adams for the saw mill cranio wa.s sufRc.ienlly correct. I find by h's letter that he understood it_ exactly as wais intended— bui the difflculty aros3 from my ioml:ting- to explain the mode of our applying tihese crtanlcs which did not lappe-ar to me necessairy. It is now too late to make them— others aie pro- cured. With best wishes fijr your early de- parture a.n.d wiiiih the regards of O'ur family, I am truly your friend, P'HINS. MILLER. Document VIII. LETTER FROM EI^I WHITNEY, NEW^ HAVEDs, CO'NfN., TO JOSIAH STEBBINS, NEW MILPORD, DIS- TRICT OF MAINE, OQT., 15, 1803. This is copied from "Hammoind's Cor- respondence, above cited. New Haven, 15th Oct., 1803. DEAR STEBBINS: The fates have decreed that I ,shall be peirpetually on the wing and wild gfoiose likie, spend my summer's in the North and at the ap- proach of winter shape my course Tor the regions of the South. Bui I am 'an unfortunate gooise. Ins'.ead (of suo- limely touring thro' tihe aerial iregions with a select corps of faithful aompan- ions, I must S'Olely wade thro' the mud and dirt a solitary traveller. Whiile on my tour the last winter I wi'Ote you several letters tb severa'l of which I have reed, no answer. I wro'ie you a letter from the city of Washing- ton almost a yeiar since, in which I g£>ve you some account of Thos. Paine. I feel a little anxious leist this letter may have miscarried. I wr'ote you aso last s'pring from 'Savanmah (if I recol- lect rightly) requesting some informa- tion relative to my limvention of the cot- ton machine. I should be gratified lo krow whether you reed. ihe~e letters or n)ot. I shall start frdm Tiere in t'en days for South Carolina in order to be there at the meeting of the Tegislature of that State and expect to return in Janua.y or February. A multiplicity of avoca- tions has prevented my writing yo'u for some time past and it has ben sto long delayed that 1 fear I shall riot be able to get an answer from you before I coimmence my journey. 1 have still a host of the mo-st -unpnin- cipl'ed scoundrels to combat in the Southern .States. I have not nbw leis- ure to 8^0 into detail but I want to en- quire of you if you cannot give your deposition to the followiin^ import, (viz:) I, Jos. Stebbins, &c., &c., db tes- tify and declare that I have been intimately acquainted with Eli Whit- ney, originally of Massjchusetcs, but now of New Haven in the State of Connecticut, J O'r mere than fourteen years. That ihe said Whimey dom- m'unicated to me his dis'covery and in- vention oif a m.achine for cleianing cot- ter from its seed by means of teeth pasang between bars or ribis of a part v>hich he called a breaistw'ork, more than six months before he obtained a patent for said invention.^ IThat I saw sd. Whitney almost every day thro' the •summeir and autumn of the yeai." 1793, at which time I was a resident gradu- ate in YaQe College. That we had 'many and frequent comversations on the sufo- ject of mechanics and navurial philoso- phy in g^eneral and particularly with reference to hiis 'said ilnventi'on. That I transcriibed his ispecificaao.ns or de- scription of said machine several times and that he conferred waih me relatlva to the various partis of said des'crip- tion. And I well remem.ber that said Whitney repeatedly told me that lie ortgnally contemplated making a whole row of teeth from one plate lor piece of metal such as tin plate or sheet iron and that he afterwards had recourse to wires to make the teeth from neces- sity, not having it in his power at that time to procure either tin or eheet iron in Georgia. That in the first draft of his specification he had mentibned sheet iron 'as a material out of which the teeth might be made but we concluded it was wholly unnecessary as it did ia no way affect the principle of the ma- chine being only pne of a great vaniety of methods in which the tee h might be made and it was struck out. I also recollect that the said Whitney previ- ous ^o writing a description of hu's in- 48 vention had contemplated a variety of methods of making- 'each of the several parts of the machine but it was thought t'o be wholly immaterial tha: they should be mentioned in the de- iscripti'Dn, etc., etc. pleasure and satisfaction !>o see you here- and shew what I have been d'oing- for thiee or four years past. 'Ciain ytju not visit us next summer? With best and mosi affectionate re- guards to Laura and ardent wisheis for your (owin) happine'sis, I am, have been 1 hope you will be able to call to mind ^^^ (shall be) lour sincere friend, E. WHITNEY. the cireum'Stainces mentioned above, noi that ihey would be of any importance with an enli'ghben^ed upright judge. 'The circumstance of making the teeth of sheet iro-n is really of no account as it regards the principle and my right; but as that is the method in which the trespassers make theimachines, they lay gr'fat stress upon it, and if I can but prove the truth a'oout it, it will stop their mouth on this subject. I haive a ,S'e' of the most diepraved villains lo combait and I might almost -as well go to hell in search of happinetss as ap- ply to a Georgia Court for justice. I fear that I have delayed writing to you so long that I cannot get an an- (Swer from you before I leavie this, w.hich will be as early ais the 25th of this mjntTi. But I would thank you to lose no time Ln writing to me and direct to me at Columbia South Oarolina — M'hatev'er your recollection will enable you to testify to, relative to the early history of my invention. I wish you to forward to me a deposition signed and sworn to. I am sensible sucJi a de- position wil'l not "be reed, in a cioiurt cf Jaw, there being' no commission taken out to take the testimony but it will be very useful to me in soime important arrange men t,s wWch I wish to make. I hope it will be convenient foir you to write me soon after you receive this as any delay will dprive me of any benefit which I may derive from your deposi- tion. I ishall not make any considerable 'Slop before I reach Colu'mbia in So. Carolina, which place I do not niow ex- pect to leave before the 20th of Deoe.n- Josia,h Stebbins, Esq. Document IX. ABSTRACT OF LEGISLATIVE REC- ORDS, ON FILE IN SITATE HOUSE COLUMBIA, S. 'C, RELATING TO THE PURCHASE BY THE SiTA'TB OF SOUTH CAROLINA, OF THE PATEINT RIGHTS TO TIHE WHIT- NEY GIN. In the Senate, Dec. 1, 11801, Major John Turner presented a petition from "Sundry Inhabitants of Richland County," praying that the State pur- chase for the free use of i s citizens, the patent right to the machine known as the "saw gin.' In the Selnate Dec. 7, 1801, Dr. Blythe of All Saints, presented a petition to the same effec finom ".Sundry Inhabi- tants of iKershaw County." The peti- tions were referred to a joint commit- tee from House and Senate, composed on the part of the Seinate: Major John Turner of Richland Cloun- ty. Col. Joseph Calhoun of Ablbeville County, Capt. Arthur Simpkins of Edgefield County, and on the part of the House: iMr. Taylor, Mr. Peter Porcher, Jr., Dr. Hanscome. General Robt. Ander- son, Mr. John Richardson. The Senate committee reported Dec 12, 1801: That they have met a committee from ber. Write me as much and of ten as you the House of Representatlveis fou- the , ._ ._ purpose appointed and "they have can. I shall have more leasure to w^rite you while tnaveling than I .hatve had the summer past and you may expect to hear from me occasionaliy. My armoury here has got to be a reg- ular e'sta.blishmbenfe and prlogresses tolerably well, and T flatter myself I shall m.ake something handso'me by the undertaking. My woirks have consid- erably excited the public curiosity and are visited by most peopile w,ho travel thro' this cbuntry, this however is not so flattering to my vanity that I d'o not wish to be less thronged with specta- tors. It would really give much sincere taken into their joint consideration the matters contained in said memorials, and havie had full conference with Mr. Eli Whitney, one of the co-partners of Miller & Whitney, who claim the said patent cor the exclusive use of the saw gm for cleaning the staple of cotton from the seed within the United States. That the said Eli Whitney for himself and the conceirn of Miller i& "Whitney has proposed as the lowest sum they will be willing to take for the patent right within the limit of the State the sum of $50,000. $20,000 to be paid as 49 S'Oijn as the said Miller & Whitney shall make a legal transf'er of ihe same lo the State or i's agent. $15,000 on Sept. Ist and $15,000 on the 18th day of Sepf,., which will be in the year 1803." "That taking into consideration Ihe immense advantages which have re- jsulted, and which will result to this State from this most ingenious and useful discovery, as well as the sacri- fices which the inventor has made in pursuing and perfecting I his tgreat un- der'-aking, as well alsj as the certainly that if the patentees pursue theiT right against individuals, a much greater C9u,m w^ould be likely to accrue to them, perhaps rour times the amount, at pres- ent, without taking into view the cer- tain increase which will toe made to the number of machines now in use — adding also to these consideravions the great propriety of preventing the im- mense expense of litigation to our cit- izens on this subject — and that it is be- coming and dignified in the Stale to take by the hand, encourage aind foster bj' its liberty the -useful arts. "They therefore resolved, that leave be given to bring in a bill for the purpose of purchasing from Messrs. Miller & Whitney, their patent right to the m^aking, using and vending the sa v machine 'within the limits of this State and for compensating them for Ih^ sa:me. "They further riecoimmend that a tax should be liaid on the same machines now in the State to the amount of for every saw or round or row of teeth in the said machines for the purpose of defraying the second installment of the aforesaid purchase to be made; and that it be considered that the tax upon these machines be pledged for the pur- pose of reimbursing the State for the purchase to be made aforesaid." ORDERED that the report be consLd'ered on Mon- day next. Om Dec. 14, 180*1, the Senate agreed to the committee report and (returned same to com'mittee to bring in a bill in conformity thereto. This bill was 'brought in and passed Dec. 16, 1801, and sent to the House. The bill provided that Miller & Whitney should make a legal transfer of the right and title to his patent for the State of South Carolina, and that they should refund to citizens of the State all sums which they had collect- ed theirefrom for licenses, and that they shouild 'deliver "within a reasonable time" at the State House, twio im- pr^oved models of the gin. On making the legal transfer, Mr. Paul Hamilton, Comptroller General of the State, made his warrant on ihe treasury for the cash payment, $20,000. General Charles Cotesworth Pinkney, of Charleston, was a member uf this Senate. He was one of Whitney's early- friends in the South. Another member of this Senate was Mr. Henry Dana Ward, from Orangeburg County. He had been a class-mate of Whianey's at Yale College. In the Senate Nov. 2(7, 1802, Oapt. Ar- thur Simpkins of Edigefieild County, preisented a petition f-rom Wiliiam Fos- ter, TIayloir, praying that the Stia;:e re- fund him the money, $180, which he had paid Miller & Whitney as a license to operate a saw gin. This petition was referred to the same committee that re- ported »jn the purchase at the preced- ing session, with instructions to confer with the Cfomptroller. TTiey report Dec. 15, il80'2, that the Comptroller had not made the second paymemt on the gin patent, and that he held t-he money subject to the action of the legislature. The petition was granted, and $180 re- funded Mr. Taylor. The regular House committee ap- pointed tio examine the Oo,mptro»ller's annual report, say in their report Dec. 13, 1802, "on the subject of the saw gin that Messrs. Miller & Whitney have nor complied with their contract relat- ing thereto, they highly approve the conduct of the Comptr'olleir in suspend- ing the payment 'of the second warrant and recommend thai he be directed to take measures to compel Messrs. Miller & Whitney to refund the money received by them on account of the saw gin." On the same date the Senate com- mittee report: "Resolved, that the legislature ap- prove of the conduct of the Cbmp- troller, that he be also directed to in- stitute such suit against the said Miller «S: Whitney, as m'ay be necssary t»o try their right to the invention of the ma- chine." The memibers of this commit- tee were Capt. John Ward of Colleton Ccunty, Major Charles Goodwin Df Winton and Capt. Sam Warren bf San- t'ee. •When the Cbmptroller's annual re- port came to the House again, Dec. 1. 180-3, it mentioned the fact that the money was sti:i withheld from Miller & Whitney, and that suits had ben insti- tuted against them. This par; of the report was referred to the oiriginal saw gin committee. They did not report during that session. 50 . At ihe next scs'sion, Dec. 6. 1804, Eli ent or exalusive right t'o ihe invention "WTiitney. presented a petition I'o boih or improvement of t.he machine for House and Senate: "Pnaying that the separating cotton from its seeds, corn- State would receive two models of ihe m.mly called the saw gin, in t'he form saw gin and comply with iheir contract in the purchase of the petitioners' pat- ent right 10 the same." Uhis was re- ferred to the same saw gin Commit- tee. On Dec. 15, ISW, the Senate received tlhe report of the joint committee as follows: "On the imost mature deliberailon they are of opinion that Miiaer & Wh^- ney, from \Vhom the State of South and uplon the principle which it is n'JW and has heret'olore ibeen used in this Slate. On the vote to adopt the report there was a tie vole, 15 to 15. .The President of the Senate voted wit'h t.he iregular members, and so he could not break the tie. The report was( therefore not adopted. On Dec. 18, the House of Rep resent a- tives voted to disconiinue the suits Carolina purchased the patent right for against Miller & Whitney, and on 19th, using the saw gin within this State "^^ voted to adopt the committee's le- have used reasona-ble diligience to re- port. This was ireported to the Sen- fund the money aihd notes ileceived oy .^^s, and they took anolher vote result- them from divers citizens and ais from i"?" in favor of tlhe measure by 14 lo 12. stveral unforeseen occurrences the said Miller & Whitney have heitetofore been •prevented from refunding the siame. They therefoire, recommend that the money and notes aforesaid, be de'pois'.t- ed with the Ocmptroller General, to be paid over o^n demand to the several persons from whelm the same have toeen received upon their delivery of the li- cense for whieh the said notes of hand were given and said monies pai;d to the Mr. Whitney signed an indemnity bond on Dec. 27, 1804, to Thomas Dee, then Oomptr oiler General. John Tay- Ibr, J. M. Howell and .Samuel Green. 'Of Richland County, signed the bond with him. The money was then paid Mr. Whitney in full of the original contract. Document X. Cpmptroller General, that he be direct- EXTRACT FROM MESSAGE RED^T ed to ihdld the said lidenses subject to rvsux^^^x the order of the said Whilney; that the excellent and highly impnoived models now offered by the said Whitney l>e re- ceived in full satisfaction of the stip- ulations of the contract betwe'en the State a.nd MilL-r & Whitney, r^ilative to the same; and that the 'suit commenced by the State agia,ins'.> the said Mil- ler & Whi»:n.ey be discontinued. The joint committee taking every circum- stance alleged in t.he memioirial into the«r serious consideration, further rec- ommend that (as the good faith of this ING TO THE GIN MaNOPODY BY GOVERNOR JAMES JACKSON TO LEGISLATURE OP GEORGIA, NOV. 3, 1800. And bene I request y.\ Adam Smith observed tha-x m.oniopolles a:'e supported by cruel and opp.e sive law.^ such as is the operation at present 0: the law on the subject -its weiight lays on the poor ind'ustiious meithanic and planter. Congres-E, however, did nbt in- tend i'l so, for whetn the first law on Ihs hoi^d was passed in February, 1793, a few individuals only cultivated C'ott>M. and it was not dreamt of as about "o 'become the great staple of the two Southern Siates, a staple to'o, which if properly encouraged mus;; take the de- cided lead of any other (bread kind excepted) in t'he Urited Sta-Jes-the ■steps proper to be taken to remedy this public grievance you will judge 'of-Ibui; I .shoDid suppose tbat our sister Sta e of South Carolina w'o'uld clheierfully join Creorgiia in any proper a pipli cation to Congress on the subject. I am like- wise of opiinion that the State of North Carolina and Tennessee must be so fir inteiresced as to support &uch a,pplica- tvon— if you think with me, I recom- mend communicati/on with all of t'hem. Document XI. WHITNEY'S RJSFDY TO GOVERN- OR JACKSON'S LETTER. Copied from '"The 'Columbia.n Museum and Savannah Advertlizer," Dec. 33 1800. T.. Governor Jackson: I have read with sensations peculiar to the occasion your official attack upon our private prop£(rty, acquir-^'d under the patent la'w of the United Slates, (but we have long doubted vihether it were proper to ciommunicate -these sensations to the public. It (has always appeared to us that the private pursuits of individual indus- try are entitled to the most sacred and inviolable protection of the laws, and that a grood cause where private right alone was concerned might suffer tri- vial injuries vvi:hout acqu.i i-gthedaim to be pres-ented "oefore the solemn trib- unal of public opinion. B.ut when the title to our property is slandered and political pers:cu:ion openly commenced against us under pretence of official duty by our chief magistrate, silence on our part might be supp s^d tlo ."^an^- tion the abuse. Tihe urgency of the case must, therefore, Ibe our apolog\^ for meeting your excellency on this gi-*ound, and in making a defence of our property right, we shall draw a veil over the passiions which have bi'ought 52 it into question, and, pa'ssing over the degiraded condition to wiiich t.iie State has been reduced, shall only norioe the measure in vvhiich we laire immediate'ly implicated, and shall cons'ulit the genius or our g-ovennment rather than the aces of your iaid:ministratiion, to enafole us to preserve towairds you that respect to which >'0U'r office is en tilled. In the first place, your excellency WiU permii; us to remove the deception which i'S palmed on the public to our disadvanta'g-e in the approbrious term "monoipoly." The respectable authors whose names were br'ought forwaird to sanction your opinion on this sub- ject speaik of the exoluisive right lo ca;rry on a trade or manufacture as a "n^orJopoly," and not oif tlhe pi'otecuon which g'overnment chooses to give to the arts. The principle of the pat- ent law, your excellency will please o Otbserve, c^on^ists of a tair odmpromise betwee'n the goveirinment and 'lihe au- thor of the invention. Thetre can be no d.oubt but what an invention in .he arts must remain the exclusive right or the i'nventor unlder the most opp^res- sive laws, while the secret is ct>nflned to him, and many instiances have oc- curred oif the preservatilon of the secret fO'i years and even of lis final loss to the public to the death of its inventor. To 'reimedy which evil and 'i'o stimu- late ingenious men to vie with each other, governments, by 'enactinig patent laws, subsi.a.ntiially agree that they will afford to the author of the inventron the most ample protection in tlhe use of hii; discovery for a. certain telrm of years on condition that after that pe- riod it shall (become public property. And in camryir.g info effect of all such discoveries, it is well-kinown that every inventor m'ust inouir the whiole expense and take on himsfelf the entire risk of the success of his invention, in w'hich if he fails, his loss 'of time and money does not always confstSt'ute hn'.s gireat- est 'mortification, and if fhe succeeds, the public advantage must of necessity go hand in hand with his acquirements, since the inventor cannot expect his in- vention to be employed or paid for un- less it exceeds all others in point of utility. In the present case, we be- lieve the utility of our inventilon well known anid candidly admitted (by all rational men. At the time it was ■brought forward, there were milli^ons of pounds of cotton m the sieed, which 'awaited the event of glome impr*ove- ment in the mode of ginning, and wealth, ,hono)r and gratitude were promised to Uie fortunate ex'ertibns of genius which would ins'ure the culture of green seed coiton to the up-country. Under such flattering auspices and the protection of the law, the invention was perfected, and at great expense in money, which has /never been repaid, and of time and labor, which is unr'e- ■wardeid, and nfow yioiur excellency would direct your influenoe to blast the harvest so hardly eairned, and which for many years has waived in distaiQt view and buoyed up our hopes under the existence of adversity and oppres- sion, which would )have ibetter suited the perpetrators of vice than the in- dustrious and succesisful impi'ovfers of so useful am art. frhe idle stories which your exoeillen^y condescends to repeat w'ith a vieiw of dividing with soime other person the credit of the invention are not new to us, butwealwaysconsidered as harmless whilte they only served to amuse some ingenious mecihanic, but t,he place they hold in the executive mes'sage requires us to observe that we know of nio pre- tentions of this kind whicih dan stand the smalle/st examination, and we chal- lenge the most distant parts ol Europe and Asia tlo produce a model, or a well attested la^dount of a machine for cleanintg' cotton upon the principle of ours, whiOh was known previio/us to our invention. We have not even asoartained that a single impiroivement has 'oeen made upon the machine, of which we have not ciomplete evidence of our pre- vious kno>wledge and experimental use. But 'Whether the form t^hat we have a a op ted is the beist and deserves the preference to that in cotrnmon use in the up-country, experience ;must determine. At present public opinion, we acknowl- edge, in this respect, to be a,galnist us. We have too igood an opinibn of the understanding of our readers tlo believe that they can .be amused by our follow- ing your excellency through the detail of our private concerns. We might as well claim public attention to oiuir mOde of planling cotton or cleaning- lice. Buc we are not yet blessed with the vanity vhich can be made happy Vjy tihe belief that our words and actions are worthy of scrutiny, and that plain, uprighi; ni'en have a i-ight or -wish to kn-dw the exact proportion in whicih we divide our liosses or emoluments wiith the gentle- men who thought proper to be inierest- ed in our comceirn. The altlernative which your excellen- ey suggests of payin,g a moderate com- pensation to :he patentees, or suppress- ing the patent, appears tlo us to be in- judiciously chosen, for in tihe first of these cases, if the bargain is to he all 53 oil one side and the persons who would defraud us of our rig-ht are to be the sole judges of the compensation to be maide the opprtession would be too man- il'eet; and ihe proposition of suppress- ing: the patent is so bold a lihing- '.hat wp. iDi'oear g'iiving it co^mTnent. Of the sum of money vvhioh we are likely to make on our invention, we do not pretend to judg^e, but should be hig-hly gratified if the prediction of your excellency 'should be justified by tht. eveni:; should it, howevler, turn out ♦oiherwiise and sh'ould this public in- stance of perseouiion and s-Iander prove greatly to our disadvantage, we per- suade ourselvefs that your (excellency has too high an opinion of the equal rights of men to be unwilling" to suo- mit to a Court of justice the extent of the responsibility that you have taken on yours-elf. Appealing as we do to the candor and liberality of our fellow citizens for t,he justice of oiur cause and foi the consii.stency of our conduct, we repeat our assurances that we have ap- peared 'before them with regrfet, and hope that it may be the laist tiime that «c much of youir excellency's atten- tion will be devotleid to the private con- cerns of your constituents, and more parlicularly of those who are so desir- ous of peaceably pursuing- their occu- paliton. as your obendient serviants. Sti-gned, MILLER & WHITNEY. Document XIV. LAWS OF NORTH CAROUNA. At a (Beneral B5Semb:\?, begun and held at IRalelgb, on the fif- teenth Day of November, in the Year of our Lord one Thousand Eight Hundred and two, and in the Twenty-seventh Year of the Independence of the said State. JAMES TURNER, ESQUIRE, GOVERNOR. -f^ CHAP. I. An Act to carry into effect a Contract between the State of North Carolina, and Phineas Miller and Eli Whitney. WHEREAS Eli Whitney, the inven- tor and patentee of a machine for cleaning- cotton from the ftedis, cO'mmon- ly called a Saw-Gin, has propofed and offered, in behalf of himself and Phin- eas Miller, asK^i^ree, of one moiety of the patent-i-i;Tht lo faid machine, to fell to the State if ra)rth-CaroUnv, :he fole and exclusive right o-f making, uiin^" and vending the faid machine within the limits of this State: And wherv-\'=».s the cultivation of cotton is increaaing in this State, and from the invention and ufe of faid machine, likely to be- come a valuable ftaple article of ex- portation, it is expedient that the Si.a.te of No'.'th Carolina do purchafe from ^^he faid Miller and Whitney, the paten :- right to the making, ufing and vending the faid new invention of a machine for cleaning cotton from its feeds, com- monly called a Saw-Gin, on the terms and conditions he einafte'^ mentioned; that is to fay, that thei'e fhall be laid and collected by the State of Norlh- Carolina, on each and eve'ry faw-gin which fhall be ufed in this State, be- tween the pafRng of this act an'i the firft day of April next, a t.^x of two fhillings and fixpence upon every faw, or annular row of teeth, which fuch gJn ri-;'v certain; and a tax of two fhillings and: fixpence for each and every faw, or annular row of teefh, which fhall be ufed in fa.id gins, in '^•ich and every year, for the term of Vwa years thereafter. Provided, that the aforesaid Miller and Whitney, before they fhall re'ceive, or be entitled to re- ceive any of the iioney collected by v'rtre cf th's art. f'^-ll p'"oduce their patent-right aforesaid, and fatisty the Treafurer that they are the true pro- prietors of the lame; which tax, wh n. collected, to be i-aid t>> the faid Miller and Whitney, or their order, firCt de- ductinig the Sheriff's ufual commirtions of fix per cent, for coilection. from year to year for the term aforefaid: The flrft payment to be made on the flrit day o-f December, in the ye-ar of our JLiurd one thouiand eight hundred and three, and the laft payment on the firft day of November, in the year of our Lo'rd one thouiand eight hundred and eight: For which purpofe, Ue U enacted by the General Affem- bly of the State of North-Oaro:ina, and it is hereby enacted by the authority of the fame, That the good faith of th s State be, and the fame is hereby de- clared to De pledged for the due collec- tion of the faid tax for the term afore- faid, and for the regular payment thereo-f, from year to year, on the diy and days before mentioned; and for ihe parting of fuich laws as may be necef- fary for the due and the faithful col- lection and payment of faid tax, and foir the puipofe of carrying this con- tract into effect, according to its true intent and meaning. II. And be it further enacted. That all persons who fhail ufe, from and after the pafRng of this act, any faiw-gin, fh'all make return thereof to the firft county court which fhall be held in each and every county of this State, after the firft day of Pebruary next; which return fhall be made on oath, to Ye adminiftered by fome Juftice of the ******* * * 03 O Pm o o bo o . -^ Q or: .,-1 M-l J? ^ Co D , o <1 a a; a CO bo a % o o (A U5:c?5-H xt--t-«i>.^C5o»r5iftMOJro os r-t ^ c >"-^ 5 ?■".- u ^^ "^ S 5 ^ ;i *"' ;i; 12 j^' S ^ '" i-; 23 '^^ '" '^ * 2 ■* S-^ n a; 5 -•= O S (/;• " a «5^c:o,-^cct-l-ro^.^050lnln^5o>M o> rn s 1 5 ess t' ^' ^c to ro -^ t- -H ift '»> o o irtift c> M t> o ao Oi ':o isgsSSl'iiSSiiliiiiSii H ^. u .Si aa ClWOft CO --co «O»(M»00r-( ^ ^ 11^ ■^ ;2;35^ <» <» ^'^'in ^aoiftoot- a C o CO 0.^ « ^ ogi^ j^rot-^-jM .^ s5 CO < ft ^^i 05C0 oooi^GOiH^^ coinoo coosooia-^ o o ^ »ft iH (?•! ire m lo ift t^ '*< T-H GO OJ CO CO o iTj 00 kft <^ J^^JSS^^^'S^SS^^SSSJSS^SS? ^ o s^ V si , o Sh O TM,HrHi-IOl---0 5^r-( tH Ift -X. O u:nf> !£^ l^ COOl^i-(t^>ft-OT-llft Oi (M«5 COrHOO o5 20 >. Oi 11^ M coi,ret-t->n^gireo t^ t-w ire coco < t rt'i- 3TH -*-*GO(Mireooi50 ^ooc^ioo i-ico-Hosot al ^ " " ro ?•! t- 're CO ire i-H ro rH (M --c o th :c 51 ?i i^ «R (M ^ iM 0=T>^t--t^C0C05Ol-rH^ireC0Ol«'*'*00ire--aQ COfO-'l^'-OCOr-l Ol--*C0« (M00!03i0 -•-• M V'" a D rt ^ 5;^^ CO ire -* -t< ire :c 'M ^ ^0 M '^ -Ji CO i> i^ CO I- CO -js I- 1- ,-H i-H r-l— 1 ^— li-Hr-l THr-(rt-H ? a 0*0 ii -< Cu ssssiSssse|3§|3SSH|g| 1 (M ire t^ CO iM t- -H --o 51 n o --o CI 05 00 ire -♦ o Q( 4-. ^ rH i-H V ^ I- i-H CO T-i M ire CO 01 th CO ct' 5> th CO 5^j ire OS ire t- OS irt o <°3 |g^|§S^2fre^|i-e?^?^^|K|S&^S A o 03 V o 03 tiJ B i-i 3 H Z a P R O o O i< < « » m A (XI pq u U U U U U O U U Q W&. o ,„^-^^^-H ,-^ 0-0-3 -TO-^ooo>«« t-oa.i^cT.t^ i^ cii- ^ ^n ■X) in T-i M _ _^ .^ , -/- _rf i'^ lO X -^ -^ ^ -.«< tH 30 >0 3S 1 C4 M 35 --O ■* ==> ■-» X C5 » ifl to ' O VI ;o T-i ^ -^ ■?! " ■^ JC -^ 1-1 to o 1-- ■* ^ •:■' irHSS'H^'Ht-roco ifttoM I in ^ -^jt I- m CO — ^ — — .-t-^-<»"O«0--0^'-0 00:0--0'-'iftift I 51 ^ ^ ^ ^ ift M • iC-1 mwt-cotn fOM< T-tci-*- M(M3» osoo-^ ,OrHOS5=0C00>05«0WO^ ^. -^ -, ^ - -1 -5 C5 III -^ >ft « '-'5 * '^l '^^''^^ <^« ^ * " S " ^ 55 i2issssa^^--^?r'ss-^5S?^.zi?«^-^^-^"?»ss-aj5s;2;' ^ ^O'MSSl-MrHvftOOT OJOO^ ■»tiX'^t>'0 IftCOT tx-*XGCt-aoc ^^„t^-H2.2--o'^.-ct^:!;--o=cu22;52*?3S^ •^.riOO'HSixgc-^;^;:!;'-^'^^^^ --H M 35 1^ 5130 OOtOOOiOt-^tOt^jHCC^-CiOMO^XOM^- ,c»«2'"2^S^32'^'^^'^'^'^^*'^"^ t- 1- -H « ;^ -^ 35 ■; >05»-H50krtX05Ni-lO>'*M ^ ?0 krt N ift M ■* tr 3,_5„„g3.gg2SS3JSSSSSSS|=SSf5MSBSS3|gSS 1 g o o- t^ « II o btii c « « c i',»2-H a a II V z. u ^ ^ 5oxp:,'!i;^««K«««'^t«^^^^ ^^^ By the Same Author. (Now in Course of Preparation.) Cotton and Cotton Oil. Contente^ PART I. COTTON, CHAPTER I. INTRODUCTORY.— Origin of cotton planting in U. S. History previous to invention of saw gin. Influence of roller gin. Influence of saw gin. Table showing production and price from 1790 to 1900. Mutual influence cotton planting and slavery. The civil war. Cotton planting with free labor. Present magnitude. CHAPTER II. INVENTION OF THE SAW GIN.— (Copied in this pamphlet.) P^irst conception : Wooden cylinder with spikes, by Eli Whitney. Second step : Saw gin, by Hodgen Holmes. Certified copies of patents, Georgia suits for infringement of patent right. Royalties paid Whitney by Southern States. CHAPTER HI. PREPARATION OF COTTON FOR THE MARKET WITH SEAVE EABOR.— Early gins. Early gin houses with horse power. The wooden screw press. Improved methods and ma- chines. Hauling bales of cotton 25 miles to market. 59 CHAPTER IV. THE PLANTATION BEFORE THE CIVIL WAR.— General organization of plantation. Home products and economy. Amusements on the plantation. Com- bination of work and play. The master. The over- seer. The slave. Plantation during the war. Loyalty of the slave to master and master to slave. CHAPTER V. PREPARATION OF COTTON FOR THE MARKET AS MODIFIED BY THE ABOLITION OF SLAV- ERY— White man meets new conditions and adapts himself. Improved machinery. Labor saving inventions. In- creased production. CHAPTER VI. MODERN COTTON GIN, PRP:SS AND GINNERY.— History of improvements on gin. Evolution of the gin house. Intermediate stages. Present types. Round bales. Compresses. CHAPTER VII. PLANTING, CULTIVATING AND HARVESTING COTTON.— Preparation of ground. Time to plant. Chopping out. Plowing. Fertilizing. Implements of culture. Insect enemies. Picking or harvesting. CHAPTER VIII. MARKETING COTTON.— Ante-bellum Factor method. Post-bellum methods, ^Middle men. Exporting. 6o CHAPTER IX. PROFITS IN COTTON RAISING.— With slave labor. With emancipated negro labor. Methods of paying- laborers. Renters, tenants, crop- pers, day wages. Influence of cotton factories. Influ- ence of cotton oil mills. Neighboring manufacturing enterprise make farming more attractive. Farm lands increasing in value. PART II. COTTON OIL. CHAPTER X. COTTON SEED.— Constituent elements, oil, meal, lint, hulls. Microscopic study of seed. Varieties and their relative values to oil mills. CHAPTER XL ■COTTON SEED OIL, COMMERCIAL FEATURES.— History oil milling. Purchasing seed. Uses made of various products. Value of products. Markets for pro- ducts. Packages for products. Table showing quan- tities and values of products for 30 years. CHAPTER XII. COTTON SEED OIL, MECHANICAL FEATURES AND PROCESSES.— Detailed description of each machine and its operations. Table showing speed and power for each machine. Quality of raw material and its relation to finished products. Mill buildings. How to reduce fire risks by proper construction. 6i CHAPTER XIII. COTTON SEED OIL, REFINING.— Chemical considerations. Mechanical considerations. Old methods. Present practice. Variety of finished products. By products. Suitable buildings. Storage tanks. PART III. CORRELATED INDUSTRIES. CHAPTER XIV. CATTLE FEEDING.— Early experiments. Government investigations. Growth in the Southwest. Introduction into the South- east. Varieties of cattle for feeding. IMarkets for fatted cattle. Transportation of cattle. By products. CHAPTER XV. FERTILIZERS.— Composition and uses. Manipulating and mixing on the farm. Raw materials. Manipulating and mixing^ at small oil mills. Cotton seed meal as a raw material. Experiment station work. CHAPTER XVI. FERTILIZER MANUFACTURE.— Chemical considerations. Mechanical considerations. INIachinery. Raw materials. Phosphate rock. Pebble phosphate. Sulphuric acid in its relation to fertilizers. Manufacture of sulphuric acid. APPENDIX. DOCUMENTS RELATING TO INVENTION OF COTTON GIN. TABLES AND MISCELLANY.— This book will contain over 300 pages- and over loa original engravings. [PRICE $5.00.] 62 Cotton Mill Commercial Features. This is a book for the intending investor in cotton mill properties, and for the use of those who are now operatino^ them. It contains tables, sliowing costs of different kinds of mills, and costs of operating on dif- ferent classes of products. 240 pages, 70 full page engravings. Bound in cloth. [PRICE $5.00.] Cotton Mill Processes and Calculations. This is a text book for the use of textile schools and for mill superintendents, overseers and ambitious operatives. It discusses in minute detail every machine and process and calculations, needed in the cotton mill. 312 pages, 52 full page engravings. Bound in cloth. [PRICE ^5.00.] American Commerce, Its Expansion. A collection of essays and addresses relating to the extension of foreign markets for American manu- factures. 154 pages. Bound in cloth. [PRICE 75 cents.] Cotton Values in Textile Fabrics. A collection of cloth samples, bound in book form and arranged to show the value of cotton when con- verted into different kinds of cloth. Tables showing the value of a crop of 500,000 bales when manufac- tured. 18 samples. Bound in cloth. [PRICE ^^2.00.] ORDER FROM D. A. TOMPKINS, CHARLOTTE, N. C. LIBRftRY OF CONGRESS 018 534 567 1