AMERICAN INSTITUTE. 623 



case between the same parties, in Kentucky, was carried up to 

 the Supreme Court of the United States, as he was of opinion, 

 upon an agreed state of the facts and the arguments, by which 

 Mr. Morse obtained a decision in his favor. And was also, of 

 opinion that the telegraph companies had combined together to sus- 

 tain Mr Morse's claims ; because, as it was plain to see, if Morse was 

 broken down in his claims, the others could not sustain themselves, 

 as tliey all used Dr. Jackson's device of the electro-magnet. The 

 trials before the courts were upon the collateral issues of the con- 

 flicting devices between the machines of House and Baine and 

 that of Morse; while the real issue of originality, as between Dr. 

 Jackson and Mr. Morse, was not passed upon, as the main issue in 

 either case, though used to the extent of defeating Mr. Morse on 

 the tvv^o trials in question. Mr. Hildreth said, that the telegraph 

 conceived by Dr. Jackson on board the Sully, had been put into 

 operation by Dr. Jackson in his own laboratory, prior to the con- 

 struction of any machine by Morse, and that its successful trial 

 was witnessed by Mr. Francis Alger of South Boston. The Com- 

 missioner of Patents, M. Jones, refused during his term of office to 

 issue a patent to Mr. Morse, but had offered to issue one to Dr. 

 Jackson for his telegraph, but Dr. Jackson had refused, upon the 

 ground that he thought that a scientific man ought not to hold a 

 patent; Mr. INIorse had tried to gain recognition of his claims in 

 France. Dr. Jackson had previously filed his claims at the French 

 Institute, together with the evidence upon which it was based, and 

 that high scientific body had accorded the discovery to him. It 

 now stood of record in the Comptes Rendus of the Academy, 

 that " Mr. Morse is in Paris, and makes no reclamation." Mr. 

 Arago, one of the sava7is of that body, who was familiar with the 

 science of electro-magnetism, had conversed with Mr. Morse, and 

 found him too ignorant of the subject to explain the principles of 

 operation of the electro-magnetic telegraph, although the machine 

 to which Mr. Morse's name is erroneously attached as the origin- 

 ator, was then in operation. Mr. Arago then remarked to his 

 brother members of the Institute, " Mr. Moise could not have 

 invented the telegraph." Dr. Robert Hare, who was an expert, 

 on the trial at Boston, had remarked to Dr. Jackson, " Sir, you 



