Part 16

"You had just then arrived from Cincinnati with two machines--one a reaper, and the other a reaper and mower.

"They were exhibited publicly at Oxford and Easton, and their operation on wheat gave entire satisfaction. The work throughout the harvest was equally well done; the only objection being the delay caused by repairing the machinery, a difficulty common to all new machines of much power at that period.

"Since then I have used one or more reapers every year, and have watched with much interest the progress of their improvement. I have examined most of those which have the best reputation, and do not believe there is a single one in which the cutting principle has not been copied from yours.

"In attempting to avoid an infringement of your patent, variations have been made either in the cutting apparatus, or the driving machinery, by which they have been made more complicated and less efficient. Burrall's, which approaches nearest to yours in simplicity and efficiency, is so close a copy that I do not see how the courts could refuse an injunction to prohibit the use of it. The only material difference is the attempt at a side delivery which was tried by you on your first machine, and proved an entire failure.

"Believing sincerely that the farmers of the U.S. owe you a debt of gratitude, which a regard for themselves should prompt them to pay, and understanding that attempts have been made to question even the priority of your invention, I send you a volume of the Genesee Farmer published in 1834, which will show the opinion entertained at that time by the farmers of that celebrated wheat growing region, both as to the efficiency and priority of your reaper.

"Your ob't serv't,

"TENCH TILGHMAN."

As we have already much exceeded the intended limits of the narrative, we might, perhaps, with propriety, here rest the enquiry, having, as we think, satisfactorily shown, and by evidence that cannot be disproved: first, that for a period of nine or ten years after the alleged invention of the reaper by C. H. McCormick in 1831 he did not sell a single machine; nor could he establish by all the evidence adduced before the Board of Extensions, in 1848, that prior to 1840 or 1841 was his reaper in any degree an effective or practical machine; for as he himself states in the letter to Philip Pusey, Esq., M. P., it was not until very material alterations--all essential it may be said--were made, some six or eight years after the date of the patent, could the machine be made to work even tolerably well. Indeed, he states, "I may say they were not of much practical value, until the improvements of my second patent in 1845," being eleven years after the date of the patent, and fourteen years after the alleged invention in 1831.

On the other hand we have shown by as good and respectable testimony as can be had in any cause, that from 1833 to 1854, a period of twenty-one years, Hussey's invention was most efficient and satisfactory, every year; not by cutting a patch of the fraction of an acre, but by reaping hundreds, nay thousands of acres annually, by the few machines placed in the hands of the farmers from 1833 to 1840.

As, however, we have given no direct evidence from Delaware, or Virginia, none from North Carolina, and but one from New York, we annex a few short testimonials from each, that embrace the period from 1838 to 1845; and with a few more of the same respectable character up to 1853, both in this country and in England, we will leave the decision of the question to the intelligent reader. We will, however, call the reader's attention to the concluding paragraph of Maj. J. Jones' letter, from Delaware--one of the smallest States, but containing as large a proportion of noble minded, talented men, and as good practical farmers, as any in the Union.

It is reported of one of her sons, that during the struggle for Independence, when a Delegate to the Convention from one of the largest and most powerful Colonies was ready to quail and almost despair of success in the unequal contest, he was encouraged and cheered on by a member from little Delaware; and told that when he found his Colony likely to be overrun by the enemy, to call on Delaware for aid--she would lend a helping hand.

It will be perceived that a reaper sold in 1838 to the St. George's and Appoquinomick Agricultural Society had, after subsequently coming into the possession of Col. Vandergrift, and prior to 1845, "cut about seven hundred acres of his grain," and "was then in good repair"! We wish it was in our power to state how many times seven hundred acres this single machine had reaped since 1838.

"Wheatland, Del., "July 21, 1845.

"Mr. Hussey:

"Dear Sir:--I have just finished cutting my oats; I finished cutting my wheat on the 28th of June, having cut over 160 acres, excepting what was cut by a cradle in opening tracks for the horses and rounding the corners so that the machine might sweep round without loss of time in turning, which it did with ease and certainty, cutting more than twenty acres a day on an average. A part of the wheat was so heavy as to require three active shockers to keep up with the cutting; the whole cost of all necessary repairs 31-1/4 cents for the harvest.

"Of the two machines which I purchased of you I used the large one, having sold the small one to Richard Millwood, who rents the farm of Dr. Noble. Strange as it may appear, I could find no landholder in the vicinity who had enterprise enough to risk the purchase of that machine until they could see it work; but after the performance was once witnessed, the impression it made was such as to justify me in ordering you to have ten ready by next harvest for New Castle County, Del. Mr. Millwood's wheat was very heavy, one measured acre having sixty dozen sheaves upon it, and the whole cutting time on the forty acre field was but two days, making for the small machine a full average of twenty acres per day, without any repairing or accident. None of the hands who worked it had ever seen such a machine before those you sent to me. My crop has not all passed through the half bushel yet, but it will fall but little short of 3,000 bushels--expect it will all be in market to-morrow.

"In conversation with Col. Vandergrift, the present owner of the Reaper you sold to the St. George and Appoquinomick Agricultural Society, in 1838, he told me that he had cut about 700 acres of wheat and oats with it since he owned it, and up to that time the cost of repairs had been $1.25 for every hundred acres cut. It was then in good repair.

"Yours,

"JOHN JONES."

"Jefferson County, Va., "August 9th, 1845.

"To Mr. Obed Hussey:

"Dear Sir:--We, the undersigned, having used your reaping machine during the recent harvest in cutting our respective crops, take great pleasure in tendering to you this voluntary testimonial of the very high estimation in which we hold your invention. We have now tried your machines fully and fairly, and we are unanimous in the conclusion that in every case they have borne the test in a manner which has excited our highest admiration of their merits. We were particularly pleased with their work in lodged grain; they cut and gather every straw with the utmost ease, and the only fault at all that we have had to find with them was that they did not cut wet grain with facility; this single defect, however, we are pleased to perceive you have completely remedied with the late improvement (with open guards to the knives, etc.) which the most of us saw at work in Mr. Wm. Butler's field cut wet grain and green oats as well as could possibly be desired--it will also cut timothy and clover--so that now we have no hesitation in recommending your reaper, as we hereby most cordially do, to our brother farmers, as the most complete and efficient in agricultural operations, and as one which, whilst from its simple and substantial construction, is not liable to be broken or to get out of order, will at the same time save its owner the first year more than its original cost.

"WM. BUTLER, J. H. TAYLOR, W. SHORTT, JOSEPH M'MURRAN, DANIEL G. HENKLE, DAVID L. HENSELL, W. G. BUTLER, JAS. S. MARKELL, V. M. BUTLER, ANDREW M'INTIRE, ADAM SMELL, GEORGE TABB, JOHN MARSHALL."

"Washington County, "Aug. 7th, 1845.

"I hereby certify that I have used Mr. Obed Hussey's wheat cutter through the late harvest, and that it answered my fullest expectations, in every respect, except that it will not cut when the wheat is damp from rain or the dews of the morning. I cut 140 acres of wheat with it in nine days; and on one occasion, cut off thirty acres in eighteen hours, from daylight in the morning until 11 o'clock the next day, and with the same four horses, never having changed them during that time.

"JOHN R. DALL."

"Oaklands (near Geneva), N. Y. "26th August, 1845.

"Mr. Obed Hussey, Baltimore: