CHAPTER XII. ENCOURAGEMENT BY THE STATES- LARGE STEAMBOAT COMMENCED THE members of the Company were very much pleased with the result of the experiment made with the skiff steamboat, and they were now satisfied that the invention might be made useful. In this belief, it was resolved by them, in the month of August, to construct a new and larger boat, with a twelve-inch cylinder. It was expected that the performances of this vessel would forever silence those who cavilled at the scheme. With an energy of spirit which was illy justified by the prospect before them, Fitch and Voight commenced the necessary work to forward the resolution. Voight was made the assignee of two additional shares, for his past assistance and expected aid. But there was a trouble which impended, that was more serious than they anticipated. The sum of money first collected had all been expended in the experiments which were made; and if a larger boat and engine were to be built, fresh contributions were necessary. The company was composed of three classes of individuals: some had subscribed to forward the experiment, with no hope of after benefit; others had embarked in the business merely as a speculation, and were impatient for a lucrative return for the amount invested; whilst a third class had associated themselves in the affair out of good-will to Fitch, and to encourage him. Funds were now needed, but there was no cheerful contribution made. Meetings of the society were called, which but few attended, and at which, in consequence, it was not deemed prudent to pass resolutions calling for new installments. "If levies had been then made," said Fitch, "they would have esteemed the money as taken from them by me, and would much prefer a common beggar to come to their doors than myself. All the hardships that I had ever experienced were nothing to the distress of feeling in raising money from my best friends. Could money have been extracted from my limbs, amputation would have often taken place, provided the disjointed part could have been readily joined, rather than to make the demands which I have. I need not add to this the insults of the populace; for none were felt by me, excepting only those designed for my patrons, and those that were offered by them." He could not give up the work. He felt himself bound in honor to go on. He was baffled in obtaining money from all but a generous few. He determined to try what success would attend an application for a loan to the Pennsylvania Legislature. In that design, he prepared the following petition: GENTLEMEN:-I have no doubt in my own mind but that every person who is acquainted with the principles of my scheme feels a conviction that it ought to be encouraged. From whom, then, ought we to expect encouragement . Undoubtedly, from those who are to be benefited. And can Individuals be so benefited by it as the Public ? Individuals cannot be benefited by it unless the public pleases to make it beneficial to them. And it is in the Confidence that Individuals have placed in the Legislature for giving encouragement to it, that it is brought so far as it is; and it is in the Confidence that I have placed in the Legislature that I have resigned my all, and been at such a vast expense, and labor, to promote an art that may be advantageous to my Country. I have ever demeaned myself as a faithful, good Citizen of the State, and therefore have some reason to expect every encouragement due to such a character. Neither is there one of the Gentlemen who promotes it, but are and have been useful members of the Community. I doubt not but every one of the members of the Committee feels an inclination of rewarding us according to the utility of the invention, and do not know of any mode that can be adopted to reward a person for an improvement so equitable as an exclusive Privilege for a certain number of years. But, Gentlemen, I have made you acquainted with the embarrassments and difficulties which I labor under, and that I do not know of any other way of completing the Work but by taking a subscription from door to door. Now could this Committee see fit to recommend it to the House to lend me £150, I should be willing to postpone an exclusive right until such times as I returned the money into the Treasury again. I do not wish to handle a shilling of the money myself; but let it be given to the Treasury of our Co., and disposed of agreeable to the discretion of the Committee of sd Co.; and since the scheme is approved of by all men of science who have examined it, and there never has been one, even of my most bitter enemies, that has ever attempted to point out how it will miscarry-Then I query whether the assembly of Pennsylvania could not with great propriety take notice of the scheme, so as to give it proper encouragement? On the other hand, provided they should not what could be said of us in other Countries? Would they not say that there was a poor fellow in America that proposed a plan that would inrich America at least 3 times as much as all that Country N. W. of the Ohio, as it would make that country four times as valuable, beside the inconceivable advantages to the settled portion of the Continent-and this he demonstrated as clear as one of Euclid's Problems and not only that, but ascertained it in miniature, so as it could not admit of a doubt-and notwithstanding he applied to Congress, and to each of the Middle states, they would not give him a single souse to execute his plan, because that they thought that he could do it by begging, and save them the expense. May heaven forbid that such a stigma should be placed to the act of the Country that gave me birth! Permit me, Gentlemen, to inform you the prospects that we have before us. Mr. Voight and myself are sure that we can build an Engine; nay, we are vain enough to believe that we can make one as good as they can in Europe. We know that an equal force applied to the turning an axil tree will row a boat faster than the same force applied to an Oar. These, Gentlemen, are indisputable facts, and have been ascertained in miniature. Could I by any means raise sufficient money, I would not ask it from the Legislature; but there is such a strange infatuation in mankind, that it seems they would rather lay out their money in Beloons and Fireworks, and be a pest to Society, than to lay it out in something that would be of use to themselves and Country; for even if eve should miscarry in our Boat, we make something worth our money, and introduce a most useful art into our nation, and bring one of the first powers in nature into the service of our Empire; without sending our money too, or being beholden to foreign nations. Then I beg leave to query, Which will be most for the honor of the State- to encourage or discourage the undertaking? If it succeeds, and our Legislature does nothing but discourage or take no notice of it, what will or can be said to their discredit?-especially when it is so clearly demonstrated, and my embarrassments made known to them. Pardon me for mentioning it, but, on the other hand, provided the House should lend me £150, what reflections or discredit could the House suffer by it ? Could any one say that the House threw away £150, on a whom of a mad projector? No ! because it is supported in this opinion of upward of forty principal Characters in the middle States. Can they say that the money is lost? Not because it is laid out in something worth itself, and on that which will be of public utility. But to make the worst of every thing, the State gets two Engineers by it, for by this we make ourselves Masters of that art, and in all probability, we may save many hundred pounds, from going to Europe for that Very article. But if we had but one chance in a thousand of succeeding, it ought by no means to be neglected, as its success will make more than Ten thousand to one, in favor of it; but where we have a thousand chances to one of success, it ought to be encouraged. And where the honor of the State is so much at stake for a neglect, and on the other hand there can be nothing derogatory for giving proper encouragement, especially as New Jersey has taken notice of it before them, I cannot let in the most distant thought, but you will report to the House full as favorable as my most Sanguine Wishes. John Fitch. This communication was sent to the Committee appointed at the previous session, to consider his Petition. On the 11th of September, they made the following favorable report: " The Committee on the Petition of John Fitch, report:- That they have viewed his model of an invention for moving a boat by means of a steam-engine, of which they entertain a favorable opinion. That the sd Fitch represents to the Committee, that he has began a boat on the river Delaware, but which from the narrowness of his funds, he shall not be able to complete, without some public assistance. The Committee conceiving the design, if executed, will be of considerable public utility, recommend the following resolution: Resolved, that a Committee be appointed to bring in a Bill, to authorize the Supreme Executive Council, to direct payment of Mr. John Fitch's drafts, to any amount, not exceeding in the sum of L150, on proof made to them that the money so drawn for, has been applied to the purpose of completing his steamboat,-they taking his security for repayment therefore, in twelve months." The members of the Assembly were not as well disposed to the project, although money had been previously loaned to an individual they would not follow the precedent. On the question, as to the adoption of the report, the ayes were 28, the nays 32. The persevering spirit of the projector would not permit him to abandon the hope of assistance, even after this rebuff. From the strong vote which his application received, he was led to hope that he might obtain individual subscriptions from the members of the House. In this view he wrote a letter to Gen. Thomas Mifflin, who was then the Speaker. He set forth at length the nature of his discovery, stated what had been done in reference to it, and continued with the following language: HONORED SIR-I seem now, for the want of money, to be under the necessity of giving my opinion, my reputation on the success of the scheme. I am of opinion, that a vessel may be carried six, seven, or eight miles per hour, by the force of steam, and the larger the vessel, the better it will answer, and am strongly inclined to believe that it will answer for sea voyages as well as for inland Navigation, which would not only make the Mississippi as navigable as Tide Water, but would make our vast Territory on those waters an inconceivable fund in the Treasury of the United States, and although it w ill be too expensive for boats on Tide water, yet I believe it would answer a valuable purpose for Stages, Packets, and armed vessels, and that it would always be able to veer a vessel off a Lee shore, and make a quick and safe Voyage-and should I say, that we could always overtake any of the Piratical cruisers on the Coast of Barbary, so as to give them proper chastisement, perhaps I should not be thought more extravagant than I already have been. especially when I assert, if any oars can work mine can, and in the most violent gale, if it be a head wind, and that six tons of Machinery will act with as much force as ten tons of men; and should I suggest that the Navigation between this and Europe may be made so easy as shortly to make us the most popular Empire on Earth, it probably, at this time, would make the whole very laughable. I am thus obliged, in some measure, to make myself liable for the success of the scheme, for the pitiful sum of £l50, which the Original unfortunate thought has given me more trouble than my Savage Captivity did. Yet I cannot indure, since it is so nearly completed, to give over the pursuit. I ask the subscription only till I can get my boat completed, when I will return the money again. I wish no gentleman to risquŽ his reputation on my projects. Yet, if Mr. Mifflin could at some convenient time, as the report of the Committee having been favorable, see fit to encourage a subscription among the members of the House, he probably might render singular service to his country. I do not expect that the money which I need could be raised amongst so small a body; yet it would be a President for other Citizens, and I know of no way it could be completed without. Was it a thing of trifling consequence to my Country, I would not pursue it with such assiduity. But whilst I have the last glimmer of hope of completing it, or one shilling to pay my hands, my ardor will not be abated. But if Heaven will not permit it, I will cheerfully leave the execution of it to some who may be more fortunate. Honored sir, I do not present this to you as Speaker of the House of Assembly, but as a most worthy Citizen of the State; and pray you to pardon me for troubling you with this, as I shall ever be delicate in future in matters of this sort. With the most perfect respect, Sir, I beg leave to subscribe myself, Your ever Faithful And very humble Servant, John Fitch. From the usual fortune which attended the efforts of this struggling man, it may be supposed that his appeal met with no response. General Mifflin did not interest himself in behalf of the scheme. nor was any subscription promoted among the members of the House of Assembly. Notwithstanding this failure, he was still desirous of obtaining an exclusive right to use his invention. He renewed his petition to the Legislature of Pennsylvania for that privilege on the 2d of November. The memorial was referred to Messrs. Moor, Ross, and Whitehill, whose report was favorable. A bill was brought in giving to John Fitch, his heirs and assigns, the exclusive right to all boats propelled " by fire and steam." On the 20th of November it was read by paragraphs and passed to a second reading; and on the 28th of December, having abandoned the pumping boat, Arthur Donaldson, who now relied upon a steam wheel, " petitioned that Fitch might be restrained to steam navigation as he is now attempting it: ' namely, by oars. To this suggestion a long reply was written. The first portion of the answer boldly approached the inquiry whether Donaldson's plans were original. To this point Fitch cited the fact that Bernouilli had long before suggested the propulsion of a boat by voiding water from a trunk; which was partially the method spoken of by Franklin, and relied upon by his adversary. Further than that, it was declared that Thomas Paine, in 1776, and Mr. Henry of Lancaster, afterward, had suggested the plan of applying steam to the verge of a wheel as the method of producing a moving power. doming down still later, it was proved, by documents obtained from the Philosophical Society, that after Fitch had laid his model and drawings before them, Dr. Franklin had, in December 1785, and before the date of Donaldson's pretended invention, suggested the identical which now was claimed by Donaldson, whose first annunciation of his steamboat was made some months afterward. Leaving this branch of the subject, Fitch took up the great question of the controversy; which was whether, having proposed certain accessories to the means of propulsion, he was to be confined to them, and restrained from the use of the steam-engine-which was the motive power-in any other way. He claimed for himself every method that might be devised to move a boat by the propelling assistance of steam. In reference to this matter, he said, "I here produce seven different plans of applying the force of steam to a boat, and could produce four different models, if necessary; and if I should produce all the different methods that I have thought of, it would increase the number to Fifty; and amongst these the very mode which he proposes." "It is the force and power that I contend for. As to the thought of applying that force to vessels I claim priority, and not the mode of application; as I do not expect to invent any new mode of propelling vessels, and I believe it may be applied a great number of ways with equal success. In short, it would be the height of imprudence for any man to undertake it unless every mode of propelling was given him. "But it is an undoubted fact that I am the first inventor of the steamboat; and the difficulties that I have surmounted to bring it so far to perfection as I have, would be incredible were I to relate them; and not only that, but as I could not do it in a corner, I have set myself up as a mark of derision, and have suffered every insult that the contempt which the populace have for projectors could inflict. In short, I will venture to say very few persons would have undertaken so arduous a task. Is it reasonable to suppose that a man in my station of life would throw away near two years of the prime of his days, and encounter the difficulties that I saw before mew to accomplish this, When I knew at the time I ought to exert every faculty to keep myself from the jaws of want. It must be supposed that I undertook it to make something by it; this is the case with some others; no person is willing to throw away their time or money except they make something by it in case they succeed. "The propelling of a boat with steam is as new as the rowing of a boat with angels; and I claim the first thought and invention of it. "I never pretended to be the first inventor of the steam engine, nor ever did Petition for an Exclusive right for them. I have never asked it in any other way than where it has never been applied, and I presume the World cannot produce a steam engine floating on the water. Neither do I conceive that all the Improvements that are yet to be made on steam are to be done on the water. He seems to intimate that I claim the whole use of steam. I have no pretensions to it for Pumps, Mills, Forges, Furnaces, &c., &c., nor for any thing whatever, except in watercraft. "I am obliged to say, that I have made the Greatest improvement on inland navigation that was ever made, since the first invention of Paddles or Oars-that is, Oars worked by Cranks, or Wheels to answer the purpose of Cranks,-this applies to strength of a horse, or Steam, or any other power, to equally as good advantage as men with Oars; therefore I can say that I have improved inland Navigation, nearly so much as the labors of men exceed the labors of horses." "Sirs, there is another great improvement that I have made on the improved Steam Engine, that is to throw the Water out of the Vacuum against the Atmosphere without any friction, by which means there is a heavy friction of pumping water avoid." This memorial was given to the Committee of the House in March 1787, to be read before the Assembly if necessary. It contained in addition to the arguments referred ton some further account of his own affairs. It had at that time given Voight five shares out of his own twenty, and had already parted with four more to raise money to complete the work, thus retaining only eleven to himself, at a period too when it was evident that the hardest portion of the work was yet to be done. The Committee of the Legislature was not impressed with the belief that Donaldson had a meritorious cause, and they presented no report whatever upon his claims. The bill securing the rights of Fitch was again taken up in the Assembly, and passed finally on the 28th of March, 1787. This law was a copy of that already passed by New Jersey, and as the acts afterwards passed in favor of Fitch by other States (as will be hereafter noticed), were similar, the terms of the Pennsylvania Statute will furnish a proper understanding of the nature of all the rest, except that of Virginia, to which there was a proviso, which will be mentioned in the proper place. An Act, for granting and securing to John Fitch, the sole right and advantage of making and employing the Steamboat, by him lately invented, for a limited time. SECT. 1. Whereas John Fitch, of Bucks County, hath represented to the Legislature, that he hath constructed an easy and expeditious method of impelling Boats through the water, by the force of steam, praying that an act may pass, granting to him, his executors, admin', and assigns, the sole and exclusive right of making, employing, and navigating all boats impelled by the force of steam, or fire, within the jurisdiction of this State, for a limited time-Wherefore, in order to promote and encourage so useful an improvement and discovery, and as a reward for his ingenuity, application, and diligence, SECT. II. Be it therefore enacted, and it is hereby enacted, by the Representatives of the Freemen of the Commonwealth of Pennsylvania, in General Assembly met, and by the authority of the same, that the said John Fitch, his heirs, exec", admin.', and assigns, shall be, and they are hereby, vested with the sole and exclusive right and privilege of constructing, making, using, employing, and navigating all and every species or kind of boats, or water craft, which may be urged or impelled through the water by the force of fire, or steam, in all creeks, rivers, bays, and waters whatsoever, within the territory and jurisdiction of this State, for and during the full end and term of Fourteen Years, from and after the present session of the Legislature. SECT. III. And be it further enacted, by the authority aforesaid, that if any person, or persons, whatsoever, without being properly authorized by him, the said John Fitch, his heirs, exec. or admin., shall make, use, employ, or navigate any boat, or water craft, which shall or may be urged, impelled, forced, or driven through the water by the force, power, or agency of fire or steam, as aforesaid, within the territory or jurisdiction of this State, every person or persons so offending, against the tenor, true intent, and meaning of this act, for each and every of such offense, shall forfeit and pay unto the said John Fitch, his heirs, exec. admin.", or such other person or persons as he, the said John Fitch, his heirs or assigns shall authorize and empower for that purpose, the sum of one hundred pounds, to be recovered by action of debt in any Court of Record within this State, wherein the frame may be cognizable, with cost of suit; and shall also forfeit to him, the said John Fitch, his heirs and assigns, all such boat, boats, or water craft, together with the steam-engine, and all appurtenances thereof, to be recovered in manner aforesaid, with cost of suit. SECT. IV. Provided always, and be it further enacted by the authority aforesaid, That neither this act, nor any clause, matter, or thing therein contained, shall be taken, deemed, or construed to prohibit or prevent any person or persons from making, using, employing, or navigating within this State, any kind of boats or water craft heretofore invented, or hereafter to be invented on any other principle, construction, or model, which may be urged, impelled, forced, or driven along through the water by any other power, force, agency, or means, except fire, or steam. Enacted into a law at Philadelphia, on Wednesday, the twenty-eighth day of March, in the year of our Lord one thousand seven hundred and eighty-seven. PETER ZACHERY LLOYD Clerk of the General Assembly. Signed, by order of the House Thomas Mifflin, Speaker. "Laws No. 3," page 213. Whilst this application was pending, and the controversy with Donaldson was unsettled, application for a special law securing the rights of Fitch in the steamboat for fourteen years, had been made to the State of Delaware, and an act to that effect was passed Feb. 3, 1787. As soon as the Assembly of Delaware had given the requisite encouragement, a petition was preferred to the Assembly of the State of New York. Fitch presented his memorial on the 24th of February. It seas referred to a Committee, consisting of Messrs. Sickles, Jones, and Hamilton. On the 27th a favorable report was made, and a bill pursuant to the prayer of the petition was brought in, which was finally adopted on the 19th of March.