JOURNAL OF PROCEEDINGS. 141 



in such cases. This I uniformly declined to do, not wishing to be in any manner in- 

 volved in these litigations, but was finally compelled, under legal process, to return 

 to Boston from Maine, whither I had gone on a visit, and to give evidence on the 

 subject. My testimony was given with the statement that I was not a willing wit- 

 ness, and that I labored under the disadvantage of not having access to my notes and 

 papers, which were in Washington. That testimony, however, I now reaffirm to be 

 true in every essential particular. It was uniinpeached before the court, and exercised 

 an influence on the final decision of the question at issue. 



I was called upon on that occasion to state, not only what I had published, but 

 what I had done, and what I had shown to others in regard to the telegraph. It 

 was my wish, in every statement, to render Mr. Morse full and scrupulous justice. 

 While I was constrained, therefore, to state that he had made no discoveries in 

 science, I distinctly declared that he was entitled to the merit of combining and 

 applying the discoveries of others, in the invention of the best practical form of the 

 magnetic telegraph. My testimony tended to establish the fact that, though not 

 entitled to the exclusive use of the electro-magnet for telegraphic purposes, he was 

 entitled to his particular machine, register, alphabet, &c. As this, however, did not 

 meet the full requirements of Mr. Morse's comprehensive claim, I could not but be 

 aware that, while aiming to depose nothing but truth and the whole truth, and while 

 so doing being obliged to speak of my own discoveries, and to allude to the omissions 

 in Mr. Vail's book, I might expose myself to the possible, and, as it has proved, the 

 actual, danger of having my motives misconstrued and my testimony misrepre- 

 sented. But I can truly aver, in accordance with the statement of the counsel, Mr. 

 Chase, (now Governor of Ohio,) that I had no desire to arrogate to myself undue 

 merit, or to detract from the just claims of Mr. Morse. 

 I have the honor to be, your obedient servant, 



JOSEPH HENEY. 



To the Board of Kegents. 



The Chancellor, Chief Justice Taney, corroborated Prof. Henry's 

 statement as to his advising a delay in noticing the publication re- 

 ferred to until the public mind should be more settled in regard to 

 the policy of the institution, and the discussions which had arisen 

 in Congress in reference to it should be ended. 



He stated that it would be seen by the report of the decision of 

 the Supreme Court, in the case in which Professor Henry was a 

 witness, that, in the opinion of the court, Professor Morse had pro- 

 duced no testimony that could invalidate the testimony of Professor 

 Henry, or impair in any degree its weight, and gave full credit to 

 it in the judgment it pronounced. 



REPORT OF THE SPECIAL COMMITTEE OF THE BOARD OF REGENTS ON THE 

 COMMUNICATION OF PROFESSOR HENRJT. 



Professor Henry laid before the Board of Regents of the Smith- 

 sonian Institution a communication relative to an article in " Shaff- 

 ner's Telegraph Companion," bearing the signature of Samuel F. 

 B. Morse, the inventor of the American electro-magnetic telegraph. 

 In this article serious charges are brought against Professor Henry, 

 bearing upon his scientific reputation and his moral character. The 

 whole matter having been referred to a committee of the Board, 

 with instructions to report on the same, the committee have attended 

 to the duty assigned to them, and now submit the following brief 

 report, with resolutions accompanying it : 



The committee have carefully examined the documents relating 



