46 



which McCormick had filed and which were to be replaced by the evi- 

 dence that did not reach Washington in time. But Senator Brown 

 of Louisiana, referring afterwards to the matter in the United States 

 Senate, stated that although these affidavits were examined they were 

 not deemed entitled to consideration because they lacked the certificate 

 of the Governor of the State, showing the appointment and authority 

 of the Justice of the Peace. All this goes to show that the Board's 

 decision was based on Page's opinion. On the first point in that 

 opinion Ten Eyck's anticipation of the reel Page made a mistake. 

 On the second point Hussey's priority as to the cutting apparatus 

 the facts conclusively prove Page was in error on this also. 



This regular testimony was afterwards submitted to the Commit- 

 tee on Patents of the United States Senate, at the time McCormick 

 asked Congress to extend his patent. Senator Fessenden of Maine, 

 the chairman, one of the keenest lawyers of his day, reported to the 

 Senate for the committee: 



" The testimony was taken in compliance with the order of the 

 Board, and by the proof submitted on the part of the said McCormick, 

 it appeared that he invented his machine and first practically and pub- 

 licly tested its operation in the harvest of 1831. That no proof on the 

 part of the sad Hussey appears to have been submitted to said Board 

 as to the date of his said invention, but from the exhibits referred to 

 your Committee, it appears that his machine was first constructed and 

 operated in 1833." 



Could McCormick have known the tremendous odds against him, 

 he would have hesitated before starting on his trip from Steele's Tav- 

 ern to Washington, to apply for his extension, in the winter of 1847- 

 48. Single-handed and alone, he undertook to obtain justice. At that 

 time extensions were granted by a Board. It did not take many years 

 for the Secretary of State and Solicitor for the Treasury to be dropped 

 from this Board. Brown, of Cincinnati; Seymour & Morgan and Fitch, 

 Backus & Co., of Brockport; Hite, of Virginia; Rugg, of Illinois; Eas- 

 terly, of Wisconsin; Moore & Hascall, of Michigan; Hussey, of Mary- 

 land ; Minturn & Allen, of Ohio, besides the proprietors of every wagon 

 and blacksmith shop in the country that wanted to build reapers, ap- 

 pealed, through their senators and representatives, by petitions and 

 word of mouth, to prevent the extension of McCormick's patent. His 

 licensees were tired of paying $30 royalty fee for each machine, and 

 saw a way to stop paying it by defeating the extension. 



