Part 3

"Cyrus H. McCormick's first patent was dated in 1834. This was known as a push machine with a straight cutter, the operator walking by the side of the machine and raking the grain from the platform. Other modifications in after years were made on this machine by Mr. McCormick; and it may be said that the inventive genius of Obed Hussey and the business tact and skill of C. H. McCormick produced and brought into practical use the first successful reaping machine of this or any other country.

"Whatever might have been embodied in the first McCormick machine or in his experiments or machines for the first fifteen years of his efforts, the reaper of the present day does not disclose any principles contained in these early efforts of C. H. McCormick; but that cannot be said of Hussey. All reaping machines of the present day embody substantially all of the vital principles given by Obed Hussey in 1833 and at different periods thereafter. The Patent Office, as well as other sources of information, make good these statements.

"Passing, however, from the early history up to the present time, when the present mowing machines and grain binding machines are seen in operation, and taking into account the thousands of patents that have been issued to American inventors for various features that they have brought out, it would be but simple justice that all be recognized as contributors to the building up of such valuable and important pieces of machinery; and I cannot but repeat that it would be very unjust, unfair and un-American to single out one person, and that one Mr. McCormick, as a representative to be used by the government printing bureau, when it is so well known what he did and what he did not do in the invention of the reaper. It would be a false monument; it would only be respected by persons who are ignorant of the facts.

"If this should succeed, it would not be the first time, as likely it will not be the last time, in the history of mankind where those who did the work were soon forgotten and those who were more fortunate in being held up and prominently kept before the public by their friends or powerful allies received unjustly the credit."

It will be seen from the foregoing extracts that Mr. Hussey's machines went early into the field in such quantities as he and other little manufacturers throughout the country, some of whom ignored the exclusive rights granted him, could put them out. They were simple, and a few castings were all that was necessary, except lumber, which was plenty in the forests of the East and in the groves of the West, to enable a country wagon maker and blacksmith to put machines into the field. Many of the earlier inventors, who began the manufacture of reapers of their own invention, followed that course and castings were sometimes brought from great distances. Mr. Hussey applied for an extension of his 1833 patent, but, not knowing the exact requirements, his application was offered too late, sixty days before the expiration of the patent being the time allotted. Knowing, we presume, but little about law, and still less about "the rules and regulations of the Patent Office"--for all his time, and constant labor with his own hands, were required in the workshop to earn a bare support,--but being very desirous to obtain an extension of his Patent before it should expire, and also having some personal acquaintance with Commissioner Ellsworth, Hussey's first application was made to him in 1845, a short time previous to his going out of office; certainly not less than twelve months before the expiration. This is proved by the annexed letter:

"La Fayette, Ia., July 3, 1854.

"Dear Sir:--

"Your letter of some weeks since, referring to a conversation I had with you while I was Commissioner of Patents, relative to the extention of your patent for a Reaper, would have been answered earlier, but for absence and extreme pressure of business."

"If my recollection will aid you, I most cheerfully state, that before your patent expired, you consulted me as to the extension of the same. I replied that it was better to postpone an application until near the time the patent would run out, for the Office must estimate the profits of the invention during the whole term; and you accordingly postponed it. I regret you postponed it too long. The publication of thirty days before the patent expired, was a rule as published by myself. If you have lost your opportunity for relief through (the) Patent Office, you must of course go to Congress. I have always regarded your improvement as valuable, and that the country is greatly indebted to your persevering efforts, notwithstanding the obstacles presented.

"Yours respectfully,

"HENRY L. ELLSWORTH.

"Mr. Obed Hussey, Balto., Md."

Hussey acted on this official advice, and did "postpone an application until near the time the patent would run out"--literally so, for he was not advised of even the "thirty days' rule."

When he again applied, and not "until near the time the patent would run out," Edmund Burke was Commissioner of Patents. He states in a letter to Senators Douglas and Shields, under date March 4th, 1850, as follows:

"In relation to the patent of Hussey, if my memory serves me, his patent expired some time within the latter part of December, 1847. During that month, and within some ten or twelve days before the expiration of his patent, he applied to me as Commissioner of Patents for an extension. I informed him, that inasmuch as the act of Congress prescribed the mode in which patents should be extended; required a reasonable notice to be given to the public in sundry newspapers, published in those parts of the country most interested against such extension; and as the board had decided that 'reasonable' notice should be a publication of the application for extension three weeks prior to the day appointed for the hearing, there was not time to give the required notice in his case; and I advised Mr. Hussey not to make his application, and thus lose the fee of $40 required in such cases, as he inevitably would, without the least prospect of succeeding in his application--but to petition Congress for an extension, which body had the power to grant it."

"Washington, 5th Sept., 1854.

"Obed Hussey, Esq., Baltimore:--

"My Dear Sir: I have recently learned, with surprise and indignation, that certain speculating harpies who fill their coffers with the products of other men's brains, and who, in your case, seek to 'reap where they sow not' are basely and unjustly endeavoring to prevent a renewal of your patent for your Reaping and Mowing Machine,' upon the ground [among others] that you and your agents have neglected to press your Claim properly before Congress.

"I have been your Agent from the time the claim was first presented to Congress, and know that the Charge is entirely unfounded.

"The facts according to the best of my recollection and belief, are as follows: Your Claim for a renewal was presented to Congress at the very first Session, after you ascertained that your application to the Commissioner could not be acted upon under the rules of the Patent Office. Every paper and proof necessary to establish your right to a renewal of your patent, under the existing laws, was procured, and promptly placed with your memorial, before Congress. No further proof was required by the Committee on Patents, in the Senate, and your right to a renewal was fully established by an able and unanswerable report of that Committee, accompanied by a bill for a renewal. This report and bill were printed by order of the Senate, and were noticed as a part of the proceedings of Congress, by the press throughout the United States, and every body thus notified of your application.

"From that period to the present time, I do not think there has been a single Congress at which all proper efforts were not made to obtain the action of that Body. Members were not annoyed with indecent importunity; nor were any powerful combinations of interested individuals resorted to, to force your Claim upon the consideration of Congress. This was not in accordance with your taste, or your means. I well remember, however, that you frequently visited this City on that business; and that at almost every session, you either brought or sent to me, to be laid before Congress, some new evidence of the triumph of your great invention. These documents were faithfully laid before that body, or sent to the senators from Maryland for that purpose. On one occasion, as your agent, I addressed a somewhat extended communication to the Senators from Maryland, attempting to show the vast importance of your invention to the Agricultural interests of the United States, and the strong claims you had to a renewal of your patent, and requested them as the Representatives of your State in the Senate, to give their attention and influence to accomplish that end.

"At a subsequent Session, this request was repeated, to one or both of the Senators from that State.

"I can also state with certainty that hardly a Session of Congress has passed since your memorial was first presented, at which prominent and Scientific Agriculturalists, in different parts of the Country, who were acquainted with the merits of your invention, have not used their influence with Members of Congress to obtain a renewal of your patent. Any pretense, therefore, that your Claim has not been duly presented, notified to the public, and urged with all proper care and diligence upon the attention of Congress, I repeat is totally unfounded.

"It will be a stain upon the justice of the Country, if one whom truth and time must rank among its greatest Benefactors, shall be stricken down and permitted to die in indigence by the interested and unworthy efforts thus made to defeat you.

"You are at liberty to use this statement in any manner you may desire.

"Very truly and respectfully,

"Your Ob't Ser'vt,

"CHA'S E. SHERMAN."