“The Vicissitudes of Inventors.

“The private history of many inventions, if fully written out, would form a volume of abundant dimensions. Its chapters would unfold a world of practical romance; the struggles of ingenious poverty, which no discouragement could paralyze; the undying perseverance of minds conscious of colossal strength; the hopes, the fears, the bitter disappointments of commanding genius; the triumphs that have sometimes crowned the labors of these patient toilers in their solitary work-shops; the brilliant recompense of mere luck or accident; the villany of confidential friends—in fact a measureless catalogue of contingencies, which seem peculiar to inventors as a class. Authors—of books only—have had their calamities collected and amplified with a touching pathos. The Pursuit of Knowledge under Difficulties, gathered up into a volume too small to embody more than a meagre fraction of its heart-depressing experiences, has fixed the attention and touched the sympathies of kindred minds, wherever its collected records have become known. Some careful hand should also gather up the Vicissitudes of Inventors, not only as a deserved memento of world-acknowledged merit, due as well to living as to dead, but as a stimulant to the hearts and labors of a class existing everywhere around us, and enlarging as the circle of the arts and sciences extends.

“Let us take a solitary instance, unknown to fame, but illustrative of the common difficulties which obstruct the path of poor and ingenious men. The whole world has become familiar with the great American Reaper, which the London Exhibition first introduced to European observation. Yet as long ago as 1824, a young boy in Washington County, New York—Harvey May, by name—conceived the idea of a machine for similar purposes. He tried his first experiment with shears, the blades of which were so curved as to present nearly the same angles of edge, from heel to point, while cutting. The following year he tried again, using a reel and sickle edge, but returned to the vibrating edges. Continuing these trials, amid a world of difficulties and opposition, the sneers and ridicule of a community of boorish minds, he at last succeeded completely. His crudely-built machine—for no one awarded him the cheap aid of sympathetic encouragement, much less practical mechanical help—extended into the grain to the right, and was mounted on the hind wheels of his father’s lumber-waggon. With large wheels and simple geering, a single horse drew the inventor and his brother on the machine, and it actually cut heavy rye at the rate of an acre an hour. Those who looked on and witnessed its marvellous performance, refused to be convinced. The science of demonstration was unknown to their vocabulary. His neighbors did condescend to grant that the whole affair was quite original, but complimented him by calling it ‘Harvey’s Folly.’ Further trials, however, only rendered the machine even more perfect, whereupon it received the further nickname of ‘Harvey’s Great Amazement.’ Mr. May, in writing recently of this promising germ of what has since unfolded into a great industrial improvement, says, with touching simplicity, that he intended taking out a patent, but ‘My father refused to help me in this; for he said the patent laws were only calculated to draw men into ruinous lawsuits. I tried to get help from others, but all refused to help me when they learned my father’s views on the patent laws.’ Thus, with the evidence of success before him, this youthful genius was compelled to see his great invention perish. Other inventors in the same prolific field, have gathered in abundant harvests of gold from the profits of their reapers. Had the over-cautious father stimulated, with judicious sympathy and advice, the genius of his promising son, the product would in all probability have been an ample independence for them both.

“We might illustrate the same course of thought by a thousand other instances equally touching, but the suggestion is sufficient. Who will write that most interesting and instructive of all unwritten books—the Romance and Reality of Invention?”

I have no special knowledge on the point mentioned in the text, and only give my opinion as a matter of conjecture.

Jones on Bailments 133.

1 Kent 522. 7th edition.

Among the exceptions referred to, are these—that a women, on marriage, shall lose the control of her property, her natural right of making contracts, &c.; that a child, born out of wedlock, shall not inherit the father’s estate; and some others not necessary to be named. These exceptions to the principles of natural law, are of such antiquity, that the time and mode of their establishment are now unknown. And no laws whatever, contrary to the law of nature, are parts of the Common Law, unless they have been in force from time immemorial. It will be shown hereafter that no immemorial law has existed in England, adverse to the rights of authors and inventors to a perpetual property in their ideas.

For the historical proofs that the Common Law and the English Constitution were such as have here been described, I refer the reader to my “Essay on the Trial by Jury.”

Wm. Blackstone 301 and 321.

For these and various other authorities, showing the opinions of English judges, that patents for new inventions were good at Common Law, see Hindmarch on Patents, ch. 1 and 2. Also Coke’s chapter on Monopolies, 3 Inst. 181.

One reason why no more progress has been made in other branches of natural law, has been, that natural law has been superseded by arbitrary legislation; and all the legal mind of England and America, has been engrossed, for centuries, in interpreting and enforcing this legislation, instead of pursuing the study of natural law as a science. Another reason is, that the progress of natural law, in any direction, is dangerous to arbitrary institutions; and therefore courts, sitting under the authority of arbitrary governments, systematically ignore all discoveries in natural law, until they have first been sanctioned by the legislative power. And this last event generally happens only when the government finds that a revolution, dangerous to its existence, is impending.

An English patent is granted in these supercilious and insolent terms. After reciting that the applicant has “humbly petitioned” the crown for a patent, it adds,

“And we, [the queen,] being willing to give encouragement to all arts and inventions, which may be for the public good, are graciously pleased to condescend to the petitioner’s request. Know ye, therefore, that we, of our especial grace, certain knowledge, and mere motion, have given and granted, and by these presents, for us, our heirs, and successors, do give and grant unto the said A. B., his executors, &c., our especial license, full power, sole privilege, and authority, that he the said A. B., his executors, &c., shall and lawfully may make, use, exercise, and vend his said invention,” &c.

Is it not nearly an infinite insult, that such men as Arkwright and Watt, who were of ten thousand times more value to mankind than all the kings and queens that time has ever produced, or ever will produce, should be necessitated to hold their natural rights to the products of their own labor, on such terms as these? If a greater insult can be conceived, it would seem to be, that authors, and such authors as John Milton, should be compelled to ask “license” of a king to print their own thoughts. This insult to authors is no longer practised; because the authors, with truth on their side, proved themselves stronger than the king. When inventors assert their rights in like manner, they will no longer be necessitated to accept them as grants, or favors, “graciously” bestowed on them by the government.

The Common Law never required that a freeborn Englishman should “humbly petition” the crown for the enjoyment of his natural rights of property; nor that he should ever accept those rights as a grant originating in the “gracious pleasure and condescension” of the king. And if the constitutional system of government had been preserved, such degradation, on the part of inventors, would not, at this day certainly, have been witnessed.

During the first twenty years of the present century there were but one hundred and three patents a year, on an average, granted for both foreign and domestic inventions. (See Pritchard’s list of Patents.) From this fact one can judge somewhat how few inventions could have been made in former times, when the population was comparatively small, and the arts had made so little comparative progress.

Coke’s 3 Inst. 184.

Hindmarch 46. 3 Car. and Payne 611.

Hindmarch 46. 1 Starkie’s R. 205.

4 Burrows 2303.

Chapter iv, pages 119-120-133.

Parliamentary History, Vol. 17, p. 981.

Page 68.

Chapter iv, page 113.

Chapter iv.

Parliamentary History, Vol. 17, p. 953.

Chapter iv, page 115.

Advancement of Learning, B. 8, Aphorisms 10 and 11.

I say, in the text, that “the lords, both in their legislative and judicial capacities, are, constitutionally, nothing but usurpers.”

By the English constitution, an order of nobility could exist only on the foundation of the feudal system. When that system was abolished, all distinctions of political rank, inferior to that of the king, were, constitutionally speaking, abolished with it. And all the legislative and judicial power, since exercised by the lords, as a body, has been a sheer usurpation. This usurpation was originally accomplished by them, by means of their wealth, and by conspiring with the king, the knights, and the “forty shilling freeholders,” so called (originally represented in the House of Commons); a class, whom Mackintosh designates as “a few freeholders then accounted wealthy.” (Mackintosh’s Hist. of Eng., Ch. 3.) The same kind of influences, which originally enabled them to accomplish this usurpation, have enabled them hitherto to sustain it. It never had the least authority in the constitution of the kingdom.

Campbell’s Lives of the Lord Chancellors, Vol. 5, p. 215. Entick vs. Carrington, 19 State Trials 1066.

The following is a copy of his note.

“The favors I am to request from your Grace’s despatch, are as follows.

1. My patent for the salary.

2. Patent for £1500 a year upon the Irish establishment, in case my office should determine before the tellership drops.

3. Patent for tellership for my son.

4. The equipage money; Lord Worthington tells me it is £2000. This I believe is ordered by a warrant from the Treasury to the Exchequer.”

Campbell’s Lives of the Lord Chancellors, Vol. v, p. 221.