Part 5

One day Eli said: "I could make as good ones if I had tools, and I could make the tools if I had common tools to begin with;" his mother laughed at him. But it so happened soon afterward that one of the knives was broken, and he made one exactly like it in every respect, except the stamp of the blade. When he was fifteen or sixteen years of age, he suggested to his father an enterprise which clearly showed his capacity for important work. The time being the Revolutionary War, nails were in great demand and at high prices. They were made chiefly by hand. Whitney proposed to his father to get him a few tools and allow him to set up the manufacture of nails. His father consented, and the work was begun. By extraordinary diligence he found time to make tools for his own use and to put in knife-blades, repair farm machinery, and perform other little jobs beyond the skill of the country workman. At this occupation the enterprising boy worked, alone with great success and with large profit to his father for two winters, going on with the ordinary work of the farm during the summer. He devised a plan for enlarging the business, and managed to obtain help from a fellow-laborer whom he picked up when on a short journey of forty miles, in the course of which he tells us that he called at every workshop on the way and gleaned all the information as to tools and methods that he could.

At the close of the war the business of making nails was no longer profitable; but the fashion prevailing among the ladies of fastening on their bonnets with long pins having appeared, he contrived to make these pins with such skill that he nearly monopolized the business, though he devoted to it only such leisure as he could redeem from the occupations of the farm. He also made excellent walking-canes. At the age of nineteen Whitney conceived the idea of getting a liberal education; and partly by the results of his mechanical industries, and partly by teaching the village school, he was enabled so far to surmount the difficulties in his way as to prepare himself for the Freshman Class in Yale College, which he entered in 1789. At college his mechanical propensity frequently showed itself. He successfully undertook, on one occasion, the repairing of some of the philosophical apparatus. Soon after taking his degree, in the autumn of 1792, he engaged with a Georgia family as private teacher, and through his engagement he made the acquaintance of a certain General Greene, of Savannah, who took a deep interest in him, and with whom he began the study of law. While living with the Greenes he noticed an embroidery-frame used by Mrs. Greene, and about which she complained, observing that it tore the delicate threads of her work. Young Whitney, eager to oblige his hostess, went to work and speedily produced a frame on an entirely new plan. The family were much delighted with it, and considered it a wonderful piece of ingenuity.

Not long afterward the Greenes were visited by a party of gentlemen, chiefly officers who had served under the general in the Revolutionary War. The conversation turned on the state of agriculture. It was remarked that unfortunately there was no means of cleaning the staple of the green cotton-seed, which might otherwise be profitably raised on land unsuitable for rice. But until someone devised a machine which would clean the cotton, it was vain to think of raising it for market. Separating one pound of the clean staple from the seed was a day's work for a woman. The time usually devoted to the picking of cotton was the evening, after the labor of the field was over. Then the slaves--men, women, and children--were collected in circles, with one in the middle whose duty it was to rouse the dosing and quicken the indolent. While the company were engaged in this conversation, Mrs. Greene said: "Gentlemen, apply to my young friend here, Mr. Whitney; he can make anything." And she showed them the frame and several other articles he had made. He modestly disclaimed all pretensions to mechanical genius, and replied that he had never seen cotton-seed.

Nevertheless, he immediately began upon the task of inventing and constructing the machine on which his fame depends. A Mr. Phineas Miller, a neighbor, to whom he communicated his design, warmly encouraged him, and gave him a room in his house wherein to carry on his operations. Here he began work with the disadvantage of being obliged to manufacture his own tools and draw his own wire--an article not to be found in Savannah. Mr. Miller and Mrs. Greene were the only persons who knew anything of his occupation. Near the close of the winter, 1793, the machine was so far completed as to leave no doubt of its success. The person who contributed most to the success of the undertaking, after the inventor, was his friend, Miller, a native of Connecticut and, a graduate of Yale. Like Whitney, he had come to Georgia as a private teacher, and after the death of General Greene he married the widow. He was a lawyer by profession, with a turn for mechanics. He had some money and proposed to Whitney to become his partner, he to be at the whole expense of manufacturing the invention until it should be patented. If the machine should succeed, they agreed that the profits and advantages should be divided between them. A legal paper covering this agreement and establishing the firm of Miller & Whitney, bears the date of May 27, 1793.

An invention so important to the agricultural interests of the country could not long remain a secret. The knowledge of it swept through the State, and so great was the excitement on the subject that crowds of persons came from all parts to see the machine; it was not deemed safe to gratify curiosity until the patent-right should be secured. But so determined were some of these people that neither law nor justice could restrain them; they broke into the building by night and carried off the machine. In this way the public became possessed of the invention, and before Whitney could complete his model and secure his patent, a number of machines, patterned after his, were in successful operation.

The principle of the Whitney cotton-gin and all other gins following its features is so well known as to make it scarcely worth while to describe it here. The different parts are two cylinders of different diameters, mounted in a strong wooden frame, one cylinder bearing a number of circular saws fitted into grooves cut into the cylinder. The other hollow cylinder is mounted with brushes, the tips of whose bristles touch the saw-teeth. The cotton is put into a hopper, where it is met by the sharp teeth of the saws, torn from the seed, and carried to a point where the brushes sweep it off into a convenient receptacle. The seeds are too large to pass between the bars through which the saws protrude. This is the principle of the first machine, but many improvements have been made since Whitney's day. Nevertheless, by means of the cotton-gin, even in its earliest shape, one man, with the aid of two-horse power, could clean five thousand pounds of cotton in a day.

As soon as the partnership of Miller & Whitney was formed, the latter went to Connecticut to perfect the machine, obtain the patent, and manufacture for Georgia as many machines as he thought would supply the demand. At once there began between Whitney in Connecticut and Miller in Georgia a correspondence relative to the cotton-gin, which gives a complete history of the extraordinary efforts made by the two partners and the disappointments that fell to their lot. The very first letter, written three days after Whitney left, announces that encroachments upon their rights had already begun. "It will be necessary," says Miller, "to have a considerable number of gins in readiness to send out as soon as the patent is obtained in order to satisfy the absolute demands and make people's heads easy on the subject; for I am informed of two other claimants for the honor of the invention of the cotton-gin in addition to those we knew before." At the close of the year 1793 Whitney was to return to Georgia with his gins, where his partner had made arrangements for beginning business. The importunity of Miller's letters, written during this period, urging him to come on, show how eager the Georgia planters were to enter the new field of enterprise that the genius of Whitney had opened to them. Nor did they at first contemplate stealing the invention. But the minds of even the more honorable among the planters were afterward deluded by various artifices set on foot by designing rivals of Whitney with a view to robbing him of his rights. One of the greatest difficulties experienced by the partners was the extreme scarcity of money, which embarrassed them so much as to make it impossible to construct machines fast enough.

In April Whitney returned to Georgia. Large crops of cotton had been planted, the profits of which were to depend almost wholly on the success of the gin. A formidable competitor, the roller-gin, had also appeared, which destroyed the seed by means of rollers, crushing them between revolving cylinders instead of disengaging them by means of teeth. The fragments of seeds which remained in the cotton made it much inferior to Whitney's gin, and it was slower in operation. A still more dangerous rival appeared in 1795, under the name of the saw-gin. It was really Whitney's invention, except that the teeth were cut in circular rings of iron instead of being made of wire, as in the earlier forms of the Whitney gin. The use of such teeth had occurred to Whitney, as he established by legal proof. They would have been of no use except in connection with other parts of his machine, and it was a palpable attempt to invade his patent right. It was chiefly in reference to this device that the endless lawsuits that wore the life out of the partners were afterward held.

In March, 1795, after two years of struggle, during which no progress seems to have been made, although the value of the gin was proved, Whitney went to New York, where he was detained three weeks by fever. Upon reaching New Haven he discovered that his shop, with all his machines and papers, had been consumed by fire. Thus he was suddenly reduced to bankruptcy and was in debt $4,000 without any means of payment. He was not, however, one to sink under such trials; Miller showed the same buoyant spirit, and the following extract of a letter of his to Whitney may be a useful lesson to young men in trouble:

"I think we ought to meet such events with equanimity. We have been pursuing a valuable object by honorable means, and I trust that all our measures have been such as reason and virtue must justify. It has pleased Providence to postpone the attainment of this object. In the midst of the reflections which your story has suggested, and with feelings keenly awake to the heavy, the extensive injury we have sustained, I feel a secret joy and satisfaction that you possess a mind in this respect similar to my own--that you are not disheartened, that you do not relinquish the pursuit, and that you will persevere, and endeavor, at all events, to attain the main object. This is exactly consonant to my own determinations. I will devote all my time, all my thoughts, all my exertions, and all the money I can earn or borrow to encompass and complete the business we have undertaken; and if fortune should, by any future disaster, deny us the boon we ask, we will at least deserve it. It shall never be said that we have lost an object which a little perseverance could have attained. I think, indeed, it will be very extraordinary if two young men in the prime of life, with some share of ingenuity, and with a little knowledge of the world, a great deal of industry, and a considerable command of property, should not be able to sustain such a stroke of misfortune as this, heavy as it is."

Miller winds up by suggesting to Whitney that perhaps he can get help in New Haven by offering twelve per cent. a year for money with which to build a new shop, and the inventor seems to have had some success in reorganizing his affairs, even under such desperate conditions. Word came at the same time from England that manufacturers had condemned the cotton cleaned by their machines on the ground that the staple was greatly injured. This threatened a deathblow to their hopes. At the time, 1796, they already had thirty gins at different places in Georgia, some worked by horses and oxen and some by water. Some of these were still standing a few years ago. The following extract of a letter by Whitney will show the state of his mind and affairs:

"The extreme embarrassments which have been for a long time accumulating upon me are now become so great that it will be impossible for me to struggle against them many days longer. It has required my utmost exertions to exist without making the least progress in our business. I have labored hard against the strong current of disappointment which has been threatening to carry us down the cataract, but I have labored with a shattered oar and struggled in vain, unless some speedy relief is obtained.... Life is but short at best, and six or seven years out of the midst of it is to him who makes it an immense sacrifice. My most unremitted attention has been devoted to our business. I have sacrificed to it other objects from which, before this time, I might certainly have gained $20,000 or $30,000. My whole prospects have been embarked in it, with the expectation that I should before this time have realized something from it."

The cotton of Whitney's gin was, however, sought by merchants in preference to other kinds, and respectable manufacturers testified in his favor. Had it not been for the extensive and shameful violations of their patent-right, the partners might yet have succeeded; but these encroachments had become so extensive as almost to destroy its value. The issue of the first important trial that they were able to obtain on the merits of the gin is announced in the following letter from Miller to Whitney, dated May 11, 1797:

"The event of the first patent suit, after all our exertions made in such a variety of ways, has gone against us. The preposterous custom of trying civil causes of this intricacy and magnitude by a common jury, together with the imperfection of the patent law, frustrated all our views, and disappointed expectations which had become very sanguine. The tide of popular opinion was running in our favor, the judge was well disposed toward us, and many decided friends were with us, who adhered firmly to our cause and interests. The judge gave a charge to the jury pointedly in our favor; after which the defendant himself told an acquaintance of his that he would give two thousand dollars to be free from the verdict, and yet the jury gave it against us, after a consultation of about an hour. And having made the verdict general, no appeal would lie.

"On Monday morning, when the verdict was rendered, we applied for a new trial, but the judge refused it to us on the ground that the jury might have made up their opinion on the defect of the law, which makes an aggression consist of making, devising, and using or selling; whereas we could only charge the defendant with using.

"Thus, after four years of assiduous labor, fatigue, and difficulty, are we again set afloat by a new and most unexpected obstacle. Our hopes of success are now removed to a period still more distant than before, while our expenses are realized beyond all controversy."

Great efforts were made to obtain trial in a second suit in Savannah the following May, and a number of witnesses were collected from various parts of the country, all to no purpose, for the judge failed to appear, and in the meantime, owing to the failure of the first suit, encroachments on the patent-right had multiplied prodigiously.

In April, 1799, nearly a year later, and two years after their first legal rebuff, Miller writes as follows:

"The prospect of making anything by ginning in this State is at an end. Surreptitious gins are erected in every part of the country, and the jurymen at Augusta have come to an understanding among themselves that they will never give a cause in our favor, let the merits of the case be as they may."

The company would now have gladly relinquished the plan of making their own machines, and confined their operations to the sale of patent-rights; but few would buy the right to a machine which could be used with impunity without purchase, and those few usually gave notes instead of cash, which they afterward, to a great extent, avoided paying, either by obtaining a verdict from the juries declaring them void, or by contriving to postpone the collection till they were barred by the Statute of Limitations, a period of only four years. The agent of Miller & Whitney, who was despatched on a collecting tour through the State of Georgia, informed his employers that such obstacles were thrown in his way by one or the other of these causes that he was unable to collect money enough to pay his expenses. It was suggested that an application to the Legislature of South Carolina to purchase the patent-right for that State would be successful. Whitney accordingly repaired to Columbia, and the business was brought before the Legislature in December, 1801. An extract from a letter by Whitney at this time shows the nature of the contract thus made:

"I have been at this place a little more than two weeks attending the Legislature. A few hours previous to their adjournment they voted to purchase for the State of South Carolina my patent-right to the machine for cleaning cotton at $50,000, of which sum $20,000 is to be paid in hand, and the remainder in three annual payments of $10,000 each." He adds: "We get but a song for it in comparison with the worth of the thing, but it is securing something. It will enable Miller & Whitney to pay their debts and divide something between them."

In December, 1802, Whitney negotiated the sale of his patent-right with the State of North Carolina. The Legislature laid a tax of 2_s._ 6_d._ upon every saw (some of the gins had forty saws) employed in ginning cotton, to be continued for five years; and after deducting the expenses of collection the returns were faithfully passed over to the patentee. This compensation was regarded by Whitney as more liberal than that received from any other source. About the same time Mr. Goodrich, the agent of the company, entered into a similar negotiation with Tennessee, which State had by this time begun to realize the importance of the invention. The Legislature passed a law laying a tax of 37-1/2 cents per annum on every saw used, for the period of four years. Thus far the prospects were growing favorable to the patentees, when the Legislature of South Carolina unexpectedly annulled the contract which they had made, suspended further payment of the balance, and sued for the refunding of what had been already paid. When Whitney first heard of the transactions of the South Carolina Legislature, he was at Raleigh, where he had just completed a negotiation with the Legislature of North Carolina. In a letter written to Miller at this time, he remarks:

"I am, for my own part, more vexed than alarmed by their extraordinary proceedings. I think it behooves us to be very cautious and very circumspect in our measures, and even in our remarks with regard to it. Be cautious what you say or publish till we meet our enemies in a court of justice, where, if they have any sensibility left, we will make them very much ashamed of their childish conduct."

But that Whitney felt keenly the severities afterward practised against him is evident from the tenor of the remonstrance which he presented to the Legislature:

"The subscriber avers that he has manifested no other than a disposition to fulfil all the stipulations entered into with the State of South Carolina with punctuality and good faith; and he begs leave to observe further, that to have industriously, laboriously, and exclusively devoted many years of the prime of his life to the invention and the improvement of a machine from which the citizens of South Carolina have already realized immense profits, which is worth to them millions, and from which their prosperity must continue to derive the most important profits, and in return to be treated as a felon, a swindler, and a villain, has stung him to the very soul. And when he considers that this cruel persecution is inflicted by the very persons who are enjoying these great benefits, and expressly for the purpose of preventing his ever deriving the least advantage from his own labors, the acuteness of his feelings is altogether inexpressible."

Doubts, it seems, had arisen in the public mind as to the validity of the patent. Great exertions had been made in Georgia, where, it will be remembered, hostilities were first declared against him, to show that his title to the invention was unsound, and that "somebody" in Switzerland had conceived it before him; and that the improved form of the machine with saws, instead of wire teeth, did not come within the patent, having been introduced by one Hodgin Holmes. The popular voice, stimulated by the most sordid methods, was now raised against Whitney throughout all the cotton States. Tennessee followed the example of South Carolina, annulling the contract made with him. And the attempt was made in North Carolina. But a committee of the Legislature, to whom it was referred, reported in Whitney's favor, declaring "that the contract ought to be fulfilled with punctuality and good faith," which resolution was adopted by both Houses. There were also high-minded men in South Carolina who were indignant at the dishonorable measures adopted by their Legislature of 1803; their sentiments impressed the community so favorably with regard to Whitney that, at the session of 1804, the Legislature not only rescinded what the previous one had done, but signified their respect for Whitney by marked commendations.

Miller died on December 7, 1803. In the earlier stages of the enterprise he had indulged high hopes of a great fortune; perpetual disappointments appear to have attended him through life. Whitney was now left alone to contend single-handed against the difficulties which had, for a series of years, almost broken down the spirits of the partners. The light, moreover, which seemed to be breaking, proved but the twilight of prosperity. The favorable issue of Whitney's affairs in South Carolina, and the generous receipts he obtained from his contract with North Carolina, relieved him, however, from the embarrassments under which he had so long groaned, and made him, in some degree, independent. Still, no small portion of the funds thus collected in North and South Carolina was expended in carrying on trials and endless lawsuits in Georgia.

Finally, in the United States Court, held in Georgia, December, 1807, Whitney's patent obtained a most important decision in its favor against a trespasser named Fort. It was on this trial that Judge Johnson gave a most celebrated decision in the following words: