CHAPTER XIX.

DISASTERS--LUKEWARMNESS OF THE COMPANY--U. S. PATENT.

APPLICATION seems to have been made about this time, by Fitch, for various offices. He petitioned the Legislature of Pennsylvania which assembled after the adoption of the Constitution of 1790 for the post of Sergeant­at­Arms. He solicited Robert Morris to procure for him, in 1791, the post of " Supervisor of Roads, or Surveyor of Roads and Rivers." These efforts were unavailing. Fitch and Voight then both made application for situations in the Mint of the United States; hoping that whilst they held those offices they would have time to perfect the steam­boat. In their petition it was stated, " John Fitch is a goldsmith by trade, and flatters himself that he could render essential service to his country as assay­master. Henry Voight is perfectly acquainted with the process of coining, and of all machinery for the business, and can make the instruments himself, having worked at it in Germany for several years." Dr. Ewing, David Rittenhouse, Andrew Ellicott, and Dr. Patterson recommended the appointment of the pair to the posts they desired. The result was that Voight was successful, having been appointed Chief Coiner; a position he held for many years. But Fitch, unlucky as usual, did not gain the prize. The recommendations 27 which he received were such as proved the high esteem of those to whom his patient, honest qualities were known. Dr. Ewing said, in his letter addressed to General Washington, as President of the United States, " I have ever esteemed him as an ingenious man, and a gentleman of the strictest integrity and diligence in his business, executing any trust committed to him with the greatest fidelity, and believe his modesty is such that he would not undertake an employment which he was not persuaded he had sufficient ability to execute." Rittenhouse, Ellicott, and Patterson expressed their hearty concurrence in this eulogium.

Whilst matters were waiting for the action of the Commissioners of Patents, a proposition was made in Congress to amend the law on the subject. On the 9th of December, 1790, a Committee was appointed to prepare amendments to the bill to promote the progress of the useful arts, consisting of Mr. White and Mr. Seney. On the 2d of February, 1791, they reported "a bill to amend an act entitled 'an act to promote the progress of useful arts.' " Fitch was, as usual, promptly prepared to remonstrate. The Journal tells the story thus:

Thursday, Feb. 10, 1791.--A Petition and remonstrance of John Fitch was presented to the house and read, complaining of the injurious operation which the bill now before Congress, entitled "a bill to amend the act to promote the progress of useful arts," will have upon his interests, should the same be passed into a law.

Ordered, that the said Petition and remonstrance do lie upon the table.

This proposition had attracted the attention of the Commissioners under the first act, and they refused to proceed under it, supposing that the amended law would be passed.

Fitch received notice on the 26th of January, 1791, that the hearing previously designated would be postponed until after the session of Congress was terminated. He remonstrated by letter the next day, and on the day following waited on Mr. Jefferson and the other Commissioners. He appealed to them in virtue of his distresses, and urged that he was kept in idleness and suspense until their decision should be made. " I showed them," said he, " all the clothes I had in the world, except a few old shirts, and two or three pair of old yarn stockings, all in darns, like those which I had on, that they could see I was there all in rags." Appeals like these were useless, the Commissioners were not to be affected by the presence of a poor, wretched genius, whom they knew was derided as a madman. The bill of Mr. White, of Virginia, Fitch suspected was originated by the Rumseian Society. He said it was "good for the improver, but not for the original inventor." The proposition WAS brought forward, however, at too late a period in the session to be successful. Congress adjourned on the 2d of March, and on the next day Fitch waited on Mr. Jefferson; and so one day after day, until, to get rid of the persevering pest, the Commissioners appointed the first day of April to hear the steam­boat cases.

During the delay, an application was made to Robert Morris and Oliver Pollock, to induce them to become interested in the improvement. This paper contains many suggestions which will now excite smiles; so amazing has been the change in mechanics and navigation. The proposition bears date February 26, 1791.

PROPOSALS OF JOHN FITCH FOR COMPLEATING THE STEAMBOAT PER-

SEVERANCE--ESTIMATE, &C.

Money paid Towards the Boat. . . . . . . 316.00

Do. due for debts on her. . . . . . 110.00

Do. Cocks .. . . . . . 22.00

Tubes for Boiler and cylinder. . . . . . 12.00

A strong tube, to unite the air pump and Condenser

with other Tubes, making Condensing tub, &c . . . . 8 00

Condenser and Pump valves . . . . . 6 00

Plunger and Caps of the cylinder, Jackhead, &c. . . . . 11 00

Regulating Works and fixing . . . . . 8 00

Cogwheels and fixing . . . . . 10 00

Iron work for Paddles. . . . . . 7 00

Boreing air pump. . . . . . . 6 00

Putting the works in the Boat . . . . . 30 00

Coppersmith's bill for uniting the tubes &c.. . . . 7 00

Iron work, not bespoke . . . . . . 20 00

For raising the Boat, Deck, Masts, and sails. . . . . . 100 00

For extra expense, not thought of. . . . . . 30 00

Superintendent. . . . . . 20 00

----------

723 00

----------

But say . . . . 750 00

2 . . . . . . . 50 00

----------

800 00

Money Paid . . . £316 00

3 Subscribed by Mr. Palmer. . . . 100 00

Do. by Dr. Thornton . . . . . 79 00

Do. by Mr. Stockton . . . . . 55 00

-------------

550 00

2 For the engineer's chest, shipping hands,

Provisions, and Necessaries for a voyage to the

Rapids of the Ohio, say . . . . . 50 00

3 Money wanting to complete the voyage . . . . 250 00

PROPOSALS OF JOHN FITCH FOR COMPLEATING THE STEAMBOAT

PERSEVEREANCE.

Whereas, it may be reasonably supposed that the Congress of the United States would give a premium, in addition to an exclusive Right, for reducing the Mississippi to Easy Navigation, as they will have an immediate benefit from it in the sale of their lands, or others wise, will give an extension of the Patent right itself, as it will enhance the value of the territory they have to dispose of, And not altogether improbable but his Catholic majesty may take some notice of it, and likewise that the inhabitants of Kentucky may give it considerable support, either by subscription or otherwise, for the bringing a Boat from Philad to the Rapids of Ohio;

It is therefore proposed and agreed, that every member of the Steam boat Company do relinquish their claims to the Boat Perseverance, excepting only the money which they have advanced toward it, and to let either the Company or other persons advance what they please, and have a share in this Boat according to the money they advance, excepting only John Fitch, v ho shall be entitled to one Tenth, and Henry Point one twentieth, by their paying the first cost of the Boat out of the first earnings, or out of the first Perquisites obtained. And to let any man whatever advance what he pleases toward it, so as not to exceed £250, and to have an equal share in this boat, according to the money advanced, with all the advantages and emoluments which may be given by the Government or Governments for the taking a Boat from this City to the Rapids of Ohio, with their proportional parts of their subscriptions which may be obtained in consequence thereof.

After which, the present promoters to be entitled to build any number of Boats they shall see fit, in proportion to their shares in the Boat Perseverance, by allowing the original share holders one half of the neat profits after deducting the prime cost of the Boat or Vessel.

And should there be an extension of the Exclusive Rights above Fourteen years, the present promoters to be entitled to it according to their subscriptions in the Boat Perseverance, the same as if a Premium was Granted, excepting only John Fitch and Harry Voight, who shall retain their shares.

Provided, nevertheless, that if the sum of £250 should not be wanting, that the overplus shall be returned to the subscribers who are not members agreeably to the proportions they advance The terms on which I conceive the subscribers to advance their money are as followeth:

We may suppose, could Congress know that they gave their Bounty to the meritorious, that they would, from the complexion of Congress at the first of this session, give a Bounty of Fifty thousand acres of Land, and that the Inhabitants on the Western Waters would invoke strenuous exertions by subscription to promote the same, payable on the day of the arrival of the first Boat. This I should esteem much more than what we might reasonably expect from Government; for such a performance, which would enhance the value of the Western Territory so much. it cannot be supposed that Congress would give less than S0 thousand acres of Land, as this is not, like other inventions, confined to individuals, but an immediate value received at once by Government.

I estimate 50 thousand acres of Land, at 20 cents per acre, to be worth £3750, and the subscriptions which may be obtained at an equal sum, which may be reasonably computed at £7500; which would be one thousand per cent on moneys advanced, beside the privilege of the Exclusive Rights afterwards, which one chance in ten of obtaining would justify the laying out the money; but should we fail by Government, I think we should be amazingly unfortunate, indeed, if we did not obtain subscriptions at Kentucky to double, the amount of the money expended, which puts the scheme on as sure Grounds, as we can ascend the Mississippi by steam, and obtain a permit from the Spaniards, with the risk of the Sea, Indians, &c.

The risk of the permit, of the Sea, and the Indians, is better known by others than myself; but the ascending the Mississippi by steam I will be answerable for.

All which is humbly submitted for the Consideration of Mr. Morris and Mr. Pollock, by

JOHN FITCH.

The gentlemen thus appealed to professed to be favorably inclined, but they transmitted a reply, March 21st, declining to consider the proposition until a permit was received from the Governor of New Orleans.

Whilst the Company and their Superintendent were awaiting the tardy movements of the Commissioners of Patents, Aaron Vail, U. S. Consul at L'Orient, France, who had inspected the operations of the steamboat, and was convinced of the importance and value of the invention, made proposals for an interest in the improvement, with the view of obtaining patents in France and other parts of Europe. Upon consideration, it was agreed to, and the following instrument executed:

Articles of agreement made the sixteenth day of March, in the year of our Lord one thousand seven hundred and ninety one, Between Aaron Vail, of the Kingdom of France, but at present in the City of Philadelphia, in the United States of America, Gent., of the one part, and John Fitch, of the said City of Philadelphia, of the United States of America, Gent., of the other part. Witness that the said Aaron Vail and John Fitch, for themselves and their Heirs, Executors, administrators, and assigns, and each of them for himself, his Heirs, Executors, administrators, and assigns, doth covenant with the other of them, and his Heirs, Executors, and assigns, reciprocally, that they and each of them have, add by these presents do mutually ordain, constitute, establish, contract, agree, and conclude upon the following articles, regulations, and Terms, that is to say:

Article the First.--The said Aaron Vail shall proceed to France, as soon as is consistent with his interest and employment in America, and without any unnecessary delay. That as soon as he shall arrive in France, he shall and will take the Earliest opportunity that the nature of the case will admit of, to procure from the (government of France either the grant or special contract, as shall be most proper and advantageous, in the name of him, the said John Fitch, the exclusive privilege of constructing, vending, and employing all species of Boats and Vessels impelled or urged through the water by the force of steam; or on such other terms as shall be most expedient, and for the longest space of time procurable.

Article the Second.--As soon as the said Aaron Vail shall have procured the said exclusive privilege, he shall and will immediately transmit, or cause to be transmitted, an official or certified copy of the said grant or contract, to the said John Fitch, in America, accompanying the said contract with his intentions, or plan of procedure, to carry the scheme into effect in France; and shall and will provide for and furnish a passage suitable for the transportation of the steam boat Mechanic from the pity of New York, or Philadelphia, to such part of France as shall be by him, the said Aaron Vail, be deemed most suitable at which to commence the operation of carrying the Intention of these articles into its fullest effect.

Article the Third.--The said John Fitch shall and will, on the fulfillment by the said Aaron Vail of the second of these articles, procure and send, agreeably to the direction of the said Aaron Vail, a mechanic acquainted with the construction of a steamboat or vessel in such ample manner as to be able to superintendent the building of a Boat or Vessel in France equally as perfect as any that shall have been built or completed by the steamboat company in America previously to his embarkation for France.

Article Fourth.--The said mechanic or superintendent, as mentioned in the second of these articles, on his arrival in France, shall be paid a reasonable compensation by the said Aaron Vail, for his time and labour necessarily employed in completing the first steamboat or vessel; three months after the completion of which said steamboat or vessel, he shall have Liberty to return to America; and if he should not then chose to return to America, the further employment of him shall then be at the option of the said Aaron Vail, and the obligation respecting him shall from thenceforth cease, excepting that if the said Aaron Vail shall not then choose to furnish him with further employment in building steamboats or vessels, then and in such case, he, the said Aaron Vail, shall and will provide and furnish him with a suitable passage from the place of his employment in France to the City of New York or Philadelphia, in the United States of America.

Article the Fifth.--Immediately after the said Aaron Vail shall have procured an exclusive privilege or privileges, as aforesaid, from the Kingdom or Government of France, for any species of steam Boats or vessels, and on the arrival of the said Mechanic or superintendent in France, he, the said Aaron Vail, shall, without any delay, proceed forthwith to build one Boat or Vessel, to be impelled or urged through the water by the force of steam, and suitable to navigate the waters in France for which he shall design her, and agreeably to the plan of the said mechanic or superintendent that the said John Fitch shall send to France.

Article the Sixth.--All the moneys or expenditures necessary to complete the first steam Boat or Vessel, as also all future steam Boats or Vessels that shall be by him, the said Aaron Vail, built in France, and also all the expenses necessary to complete the scheme agreed upon by these articles, shall be furnished and paid by him, the said Aaron Vail; but in building and completing the first steam Boat or Vessel, he shall not be compelled to expend a greater sum than two thousand five hundred Spanish silver milled Dollars. And all the neat profits and emoluments arising from all and every Boat or boats, vessel or vessels, impelled by the force of steam, which he, the said Aaron Vail, shall build, as well as all and every other, the profits or emoluments arising from the said scheme in France shall be divided between the said Aaron Vail and the said John Fitch, in manner following: that is to say, one equal moiety or half part thereof shall be the property of the said Aaron Vail, and the other full equal moiety or one half part thereof shall be the property of the said John Fitch; and which said one full equal moiety or one half part thereof shall be paid and delivered to the said John Fitch, or his order or orders, agent or agents, immediately after each dividend of profits shall be made. All dividends of profits or emoluments, if any there be, shall be made at L'Orient, in France, on the first Monday of January, April, July, and October, in every year during the existence of any grant or grants, privilege or privileges, obtained by the said Aaron Vail, conformably to these articles. And all sales of any steam Boat or steam Boats, vessel or vessels, and all other business of these articles, shall be made and transacted to the greatest possible advantage of the concern generally, and a true and exact account shall be kept by the said Aaron Vail of all his transactions of building, vending, or using any steam Boat or Boats, vessel or vessels, and all other business that does or may concern the said John Fitch; all which accounts of said transactions shall be furnished by the said Aaron Vail, for the inspection of the agent or agents of the said John Fitch, or of his assigns, on his or their requiring the same, in writing, at least in one month previously to the time prefixed in such writing for such inspection; provided, that such inspection shall not be made oftener than once in every year.

Article the Seventh.--These articles shall extend, and be construed to extend to, and be in force, in all grants and privileges which may be obtained by the said Aaron Vail, his agent or agents, in the States of Holland, the Empire of Germany, or Russia, or the Kingdom of Prussia, Denmark, or Sweden, the Republic of Geneva, or the Swiss Cantons, or all of these places in the same manner, and with the same force and operation, as they are intended to, or would operate, in France. Provided, these grants or privileges are actually applied for by the said Aaron Vail within the term of Twelve months from and after the completion of the said first steam Boat or vessel in France and in those places, and during the time in this article prefixed the said John Fitch shall not attempt to procure any exclusive right or privilege, except the said Aaron Vail shall neglect the necessary means and exertions of and for procuring the same. And for the true and faithful performance of, all and singular the articles, contracts, and agreements aforesaid, the said parties do severally bind themselves, each unto the other of them, his Heirs, Executors, administrators, and assigns, in the penal sum of Ten thousand Dollars, silver money, firmly by these presents.

In witness whereof, the said parties to these presents have interchangeably set their hands and seals hereunto, dated the day and year first above written.

Sealed and delivered in the presence of:

John Lohra, William Smith, George Merier.

Aaron Vail, [seal,] John Fitch. [seal.]

We, the subscribers, being a majority of the Steam Boat company in America, do consent that the above named John Fitch do for himself enter into the above articles of agreement with Aaron Vail, of the Kingdom of France; and that we trill not do or commit any act or acts to counteract or invalidate the intention or meaning of the above articles of agreement.

I do hereby assign all my right and title to these articles to the above signed Benjamin Say, Edwd. Brooks, Jr., and Richard Stockton, Directors for the benefit of the steamboat Company, in proportion to the moneys they shall have advanced for the perfecting of the scheme in America at the time of the completion of the first steamboat in France, excepting the shares of Henry Voight and myself.

JOHN FITCH.

On the 4th of April, 1791, the day appointed for hearing the petitioners for steam­boat patents, Fitch attended at the office of the Secretary of State. The Commissioners were, for some unexplained reason, as unwilling to discharge their duties as they had been previously. The next day Fitch filed reasons against the claims of Stevens; principally founded upon the fact that the latter had recommended Fitch's invention to the Legislature of New Jersey as worthy of the protection of law, and that a statute was afterwards passed, March 18th, 1786. It was therefore argued that Mr. Stevens could not have invented a steam­boat until after that time. Barnes, who was present on behalf of Rumsey, suggested that the merits of the rival claims of the latter, and of Fitch, should be left to the decision of referees. This was assented to. Fitch named, as gentlemen from whom the proper number were to be selected, Dr. John Ewing, Robert Patterson, Andrew Ellicott, Peter Thompson, David Rittenhouse, and John Wood.

Barnes proposed Thomas McKean, William Lewis, George Clymer, William Barton, Dr. Benjamin Rush, and John Nancarrow.

A difficulty arose about the interest which­these gentlemen had in the inventions of the respective claimants. Although Ewing, Patterson, Ellicott, and Rittenhouse had no property in the steam­boat, they were good friends of Fitch. He thought, however, that they were very proper persons, but he objected very much to almost all named by Barnes. Thomas McKean had, as Judge of the Supreme Court, given an opinion that the Assembly of Pennsylvania could repeal Fitch's law. His two sons were also interested in Rumsey's scheme. William Lewis, while in the Assembly, had taken part against Fitch, " as if he eras an attorney for Rumsey. ' Barton was alleged to be a known partner of Rumsey--he belonged to the Rumseian Society. Clymer was believed also to have a share in that scheme; he was at all events active, when in the Legislature, in opposition to Fitch. Rush was " one of Rumsey s principal patrons in Great Britain." John Nancarrow was thought to be the only person disinterested. Dr. Smith was proposed in place of Barton; Dr. Barton, a brother of the latter, was suggested in place of one of the others; and Joseph McKean, a shareholder in Rumsey's boat, and William Warn, were named. Fitch suggested William Rawle, Samuel Garrigues, and Edward Bennington. The matter was then postponed; and finally, Barnes decided not to submit to the arbitration.

Another petition to the commissioners was prepared by our persevering laborer. He showed it, on the 19th of April, to General Henry Knox, Secretary of War, who received him civilly. Governor Randolph read it, but made no satisfactory reply. Jefferson treated Fitch. coolly, and refused to receive the petition because his clerk was absent. He at first declined to look at the papers, and said " it was too much like tampering with judges out of doors."

Fitch replied, "I have an undoubted right to petition."

Jefferson, after some hesitation, read it, and said, " I can say nothing until after the Board meets," and refused to receive the paper, which was not filed until Mr. Remsen, his clerk, returned, a day or two afterward.

On the 22d of April, the parties met according to adjournment; but it being Good Friday, Governor Randolph went to church. A new clause was added to Fitch's petition, in which he claimed an exclusive right for forcing out water abaft of a steam­boat; also

forcing out air, and air and water combined; likewise for navigating with cranks and paddles.

The next day was that of tile final meeting, and the parties were all present before the Commissioners. Governor Randolph said that they would be compelled to give the oldest patent to the first applicant. As Rumsey had applied to them before Fitch, the latter believed this declaration to be made with an intention to do him injustice. With great readiness, he immediately urged that his application had been the first, having been made to Congress in August, 1785. Jefferson then said their could make no distinction in the date of the patents, but would issue all with equal date; leaving to the parties the pleasant prospect of long and expensive litigation. Fitch remonstrated against this injustice, but without avail; and the letters patent were ordered to be made out. Until they were signed, a certificate in the following form was given:

Extract from the proceedings of the Commissioners for the

Promotion of useful Arts.

Philadelphia, April 23,1791.

The Board proceeded to the consideration of the claim of John Fitch, of Philadelphia, for a patent for the following application of steam, alleged by him to have been invented,

viz.:

For applying the force of steam to trunk or trunks, for drawing Mater in at the Bow of a Boat or vessel, and forcing the same out at the stern, in order to propel a boat or vessel through the water. For forcing a column of air through a trunk or trunks, filled with water by the force of steam. For forcing a column of air through a trunk or trunks, out at the stern, with the bow valves closed, by the force of steam; and for applying the force of steam to Cranks and Paddles for propelling a boat or vessel through the Mater.

Whereupon, ordered, that letters Patent be granted to the said John Fitch, for his aforesaid inventions, for the term of Fourteen years, agreeably to the act entitled "an act to promote the progress of useful arts."

HENRY REMSEN, JR.,

Clerk.

The regular patents were not issued to Fitch and the others until August 26th, 1791. That granted to Fitch is in the specification, word for word, like the above. The formal parts differ but little from the foregoing; the patent is signed by Washington, and by the Commissioners, Jefferson, Knox, and Randolph.