CHAPTER VI

THE STRUGGLE TO PROTECT PATENTS

In 1848 Cyrus McCormick's original patent expired. He applied to have it

extended, and at once there began one of the most extraordinary legal

wars ever known in the history of the Patent Office. It continued with

very little cessation until 1865. It enlisted on one side or the other

the ablest lawyers of that period--such giants of the bar as Lincoln,

Stanton, Seward, Douglas, Harding, Watson, Dickerson, and Reverdy

Johnson. The tide of battle rolled from court to court until the final

clash came in the chamber of the Supreme Court and the halls of

Congress. It was perhaps the most Titanic effort that any American

inventor has ever made to protect his rights and to carry out the

purpose of the Patent Law.

McCormick had strong reasons for believing that his patent should be

extended. He was asking for no more than the Patent Office, on other

occasions, had granted to other inventors. A patent was supposed to

protect an inventor for fourteen years, and he had lost half of this

time in making a better machine, and in finding out the best way to

carry on the business. He had received from all sources nearly $24,000,

and most of it had been swallowed up in expenses. He was still a poor

man in 1848. He was no more than on the threshold of prosperity. And his

peculiar difficulty, which gave him a special claim upon the Patent

Commissioners, was the shortness of the harvest season. He had only

three or four weeks in each year in which he could make experiments.

For eight years McCormick's claim was tossed back and forth like a

tennis ball between the Patent Office and Congress. This delay threw the

door wide open to competition. A score of manufacturers built factories

and began to make McCormick Reapers, with trifling variations and under

other names. If McCormick had won his case, they would have had to pay

him a royalty of $25 on each machine. Consequently, they combined

against him. They hired lawyers and lobbyists, secured petitions from

farmers, and raised a hue and cry that one man was "trying to impose a

tax of $500,000 a year upon the starving millions of the world."

One firm of lawyers in Cincinnati sent a letter to these manufacturers

in 1850, saying that, "McCormick can be beaten in the Patent Office, and

must be beaten now or never. If funds are furnished us, we shall surely

beat him; but if they are not furnished us, he will as certainly beat

us. Please, therefore, take hold and help us to beat the _common enemy_.

The subscriptions have ranged from $100 to $1,000.... Send in also to

Patent Office hundreds of remonstrances like this: We oppose the

extension of C. H. McCormick's patent. He has made money enough off of

the farmer."

Towards the end of this famous case, the anti-McCormick lobby at the

Capitol became so rabid that Senator Brown, of Mississippi, made an

indignant protest on the floor of the Senate. He said: "Why, Mr.

President, if it were not for the people out of doors, people without

inventive genius, people without the genius to invent a mouse-trap or a

fly-killer, who are pirating on the great invention of McCormick, there

would never have been an hour's delay in granting all that he asks. I

know, and I state here, in the face of the American Senate and the

world, that these men have beset me at every corner of the street with

their papers and their affidavits--men who have no claim to the ear of

the country, men who have rendered it no service, but who have invested

their paltry dollars in the production of a machine which sprang from

the mind of another man; and who now, for their own gain, employ lawyers

to draw cunning affidavits, to devise cunning schemes, and to put on

foot all sorts of machinery to defeat McCormick."

What worried McCormick most was not this consolidation of competitors,

but the fact that a few farmers had signed petitions of protest against

his claim. This was "the most unkindest cut of all." But he made no

attack upon them. Manufacturers he would fight, and inventors and

lawyers and judges--any one and every one, if need be, except farmers.

"How can the farmers be against me?" he asked in amazement. "They save

the price of the Reaper in a single harvest."

McCormick lost his suit, as he did a second time in 1859, and a third

time in 1861. Not one of his patents was at any time renewed. Up to 1858

he had received $40,000 in royalties, but it had cost him $90,000 in

litigation. From first to last he did not get one dollar of net profit

from the protection of the Patent Office.

Many other inventors were fairly treated by Congress. Fulton, for

example, was presented with a bonus of $76,300. Willmoth, who improved

the turret of a battleship, received $50,000. Professor Page, for making

an electric engine, was given $20,000. Morse was awarded $38,000. The

patents of Goodyear, Kelly, Howe, Morse, Hyatt, Woodworth, and Blanchard

were extended. The protection of inventors had been a national

policy--an American tradition. In the phrasing of Daniel Webster: "The

right of an inventor to his invention is a natural right, which existed

before the Constitution was written and which is above the

Constitution."

The benefit of the Reaper to the nation, and the fact that McCormick was

its inventor, were admitted freely enough. Senator Johnson, of Maryland,

estimated in 1858 that the Reaper was then worth to the United States

$55,000,000 a year. D. P. Holloway, the Commissioner of Patents, sang an

anthem of eloquent praise to McCormick in 1861. "He is an inventor whose

fame, while he is yet living, has spread through the world," he said.

"His genius has done honor to his own country, and has been the

admiration of foreign nations. He will live in the grateful recollection

of mankind as long as the reaping-machine is employed in gathering the

harvest." Then, in an abrupt postscript to so fine a eulogy, this

extraordinary Commissioner adds: "But the Reaper is of too great value

to the public to be controlled by any individual, and the extension of

his patent is refused."

[Illustration: PAINTING BY C. SCHUSSELE, PHILADELPHIA, 1861

ENGRAVED ON STEEL BY JOHN SARTAIN, PHILADELPHIA, 1862

MEN OF PROGRESS

STANDING, LEFT TO RIGHT: 1, Dr. W. T. G. Morton, first man to administer

ether to a patient; 2, J. Bogardus, invented ring spinner (for cotton

spinning), an engraving machine, and dry gas meter; 3, S. Colt,

revolver; 4, Cyrus Hall McCormick, reaper; 5, Joseph Saxton, locomotive

differential pulley and deep sea thermometer; 6, Peter Cooper, founder

of Cooper Union and inventor machine for mortising hubs for carriage

wheels; 7, Prof. J. Henry, inventor of communication by electricity; 8,

E. B. Bigelow, power loom for spinning jenny.

SITTING, LEFT TO RIGHT: 1, C. Goodyear, vulcanizer of rubber; 2, J. L.

Mott, iron manufacturer and inventor; 3. Dr. E. Nott, base burner for

stoves: 4, F. E. Sickles, inventor of cut-off of steam in engine; 5, S.

F. B. Morse, telegraph; 6, H. Burden, cultivator, and machine for making

horseshoes; 7, R. M. Hoe, printing press; 8, I. Jennings; 9, T.

Blanchard, machine for cutting and heading tacks, and lathe for turning

irregular forms: 10, E. Howe, sewing machine.]

The truth seems to be that McCormick was too strong, too aggressive, to

receive fair play at the hands of any legislative body. The note of

sympathy could never be struck in his favor. He personally directed his

own cases. He dominated his own lawyers. And he fought always in an

old-fashioned, straight-from-the-shoulder way that put him at a great

disadvantage in a legal conflict. Also, he was supposed to be much

richer than in reality he was. He had made money by the rise in Chicago

real estate. By 1866 he had become a millionaire. And his entire fortune

was assumed by opposing lawyers to be the product of the Reaper

business.

It is to be said, to the lasting honor of South Carolina, that she gave

a grant of money to Whitney, out of the public treasury, as a token of

gratitude for the invention of the cotton gin. But no wheat State ever

gave, or proposed to give, any grant or vote of thanks to Cyrus

McCormick for the invention of the Reaper. The business that he

established was never at any time favored by a tariff, or franchise, or

patent extension, or tax exemption, or land grant, or monopoly.

Single-handed he built it up, and single-handed he held it against all

comers. If, as Emerson has said, an institution is no more than "the

lengthened shadow of one man," we may fairly say that the immense

McCormick Company of to-day is no more than the lengthened shadow of

this farm-bred Virginian.

By 1855 McCormick realized that the Federal Government was not the

impartial tribunal that he had believed it to be. He saw that he could

not depend upon it for protection, so he made a characteristic

decision--he resolved to protect himself. He, too, would hire a battery

of lawyers and charge down upon these manufacturers who were

unrighteously making his Reaper and depriving him of his patents. He

engaged three of the master lawyers of the American bar, William H.

Seward, E. N. Dickerson, and Senator Reverdy Johnson, and brought suit

against Manny and Emerson, of Rockford, Illinois, for making McCormick

Reapers without a license.

Then came a three-year struggle that shook the country and did much to

shape the history of the American people. Manny and Emerson, who were

shrewd and forceful men, hired twice as many lawyers as McCormick and

prepared to defend themselves. They selected as the members of this

legal bodyguard, Abraham Lincoln, Stephen A. Douglas, Edwin M. Stanton,

Peter H. Watson, George Harding, and Congressman H. Winter Davis.

It was a battle of giants. Greek met Greek with weapons of eloquence.

But Stanton out-classed his great co-debaters in a speech of

unanswerable power which unfortunately was not reported. The speech so

vividly impressed McCormick that in his next lawsuit he at once engaged

Stanton. It awoke the brain of Lincoln, as he afterwards admitted; and

drove him back to a more comprehensive study of the law. It gave Lincoln

so high an opinion of Stanton's ability that, when he became President

several years later, he chose Stanton to be his Secretary of War. And it

gripped judge and jury with such effect that McCormick lost his case. It

was a wonderful speech.

Abraham Lincoln, who made no speech at all, was the one who derived the

most benefit in the end from this lawsuit. It not only aroused his

ambitions, but gave him his first big fee--$1,000. This money came to

him at the precise moment when he needed it most, to enable him to enter

into the famous debate with Douglas--the debate that made him the

inevitable candidate of the Republican party. It is interesting to note

how closely the destinies of Lincoln and McCormick were interwoven. Both

were born in 1809, on farms in the South. Both struggled through a youth

of adversity and first came into prominence in Illinois. Both labored to

preserve the Union, and when the War of Secession came it was the Reaper

that enabled Lincoln to feed his armies. Both men were emancipators, the

one from slavery and the other from famine; and both to-day sleep under

the soil of Illinois. No other two Americans had heavier tasks than

they, and none worked more mightily for the common good.

Of all McCormick's lawsuits, and they were many, the most extraordinary

was the famous Baggage Case, which lasted for twenty-three years--from

1862 to 1885. It was probably the best single instance of the man's

dogged tenacity in defence of a principle. The original cause of this

trial was a comedy of mishaps. A McCormick family party of six, with

nine trunks, boarded a train at Philadelphia for Chicago. The train was

about to start, when the baggage-master demanded pay for 200 pounds of

surplus baggage. The amount was only $8.70, but McCormick refused to pay

it. He called his family out of the train and ordered that his trunks be

taken off. The conductor refused to hold the train, and the trunks were

carried away. Mr. McCormick at once saw the president of the railroad,

J. Edgar Thompson, who telegraphed an order for the trunks to be put off

at Pittsburg. The McCormicks set out for Chicago by the next train. At

Pittsburg they learned that the trunks had been carried through to

Chicago. And the next day, in Chicago, when McCormick went to the Fort

Wayne depot, he found it a mass of smoking cinders. It had caught fire

in the night, and the nine trunks had been destroyed.

McCormick sued the railroad for $7,193--the value of the trunks and

their contents. Repeatedly he won and repeatedly the railroad appealed

to higher courts. After twenty years the worn and battered case was

carried up to the nine Justices of the United States Supreme Court. They

decided for McCormick. But even then the railroad evaded payment for

three years, until after McCormick's death. Then the president of the

road signed a check for $18,060.79, which was the original value of the

nine trunks plus twenty-three years' interest.

McCormick did not for a moment regard this case as trivial. It involved

a principle. Once when a friend bantered him for fighting so hard over a

small matter, he replied, "My conscience, sir! I don't know what would

become of the American people if there were not some one to stand up for

fair dealing." His victory did much to teach the railroads better

manners and a finer consideration of the travelling public. Soon after

the conclusion of the case, a trunk belonging to a relative of the

McCormicks was destroyed on the New York Central. It value was $1,300,

and one of the railroad's lawyers promptly sent a check, saying, "We

don't want to have a lawsuit with the McCormicks."

For these numerous lawsuits McCormick paid a terrible price, both in

money and friendship. He acquired a reputation as "a man who would law

you to death." He brought down upon himself to a remarkable degree the

hostility of his competitors, and prevented himself from receiving the

full credit and prestige that he deserved. Instead of being revered as

the father of the Reaper business, he was feared as an industrial

Bismarck--a man of unyielding will and indomitable purpose, who regarded

his competitors as a pack of trespassers in an empire that belonged by

right to him.

The truth is that this situation did not arise because of the natural

perversity of either McCormick or his competitors. In his later life,

McCormick proved that he could co-operate with his equals in the most

harmonious way, in a new business enterprise. His competitors, too, were

for the most part men of ability and uprightness. Neither in their

public nor private lives, was there any stain upon the honor of such men

as Wood, Osborne, Adriance, Manny, Emerson, Huntley, Warder. Bushnell,

Glessner, Jones, and Lewis Miller. But these men were all newcomers.

They were beardless striplings compared to McCormick. He had made and

exhibited a successful Reaper twenty years before the first of them

began. His father had grappled with the problem of the Reaper before

most of them were born. It was inevitable, therefore, that there should

have been an unspanable gap between the two points of view. McCormick

stood alone because he _was_ alone. He and the Reaper had grown up

together in long hazardous years of pioneering, through ridicule and

poverty and failure. It was his dream come true. And in the same spirit

with which he had fought to create it, he also fought to hold it, and to

protect it from men to whom it was not a dream and a life-mission, but a

mere machine.

Cyrus Hall McCormick: His Life and Work · 第 6 / 13 章