Memoir of the Life of Eli Whitney. 231 
“The defendant, in violation of their patent right, has constructed, 
and continues to use this machine; and the object of this suit is to 
obtain a perpetual injunction to prevent a continuance of this infrac- 
tion of complainant’s right. 
“Defendant admits most of the facts in the bill set forth, but con- 
tends that the complainants are not entitled to the benefits of the act 
of Congress on this subject, because— - 
Ist. The invention is not original. 
2d. Is not useful. 
3d. That the machine which he uses is materially different from 
their invention, in the application of an improvement, the invention 
of another person. 
“The court will proceed to make a few remarks upon the several 
pots as they have been’ presented to their view: whether the de- 
fendant was now at liberty to set up this defence whilst the patent 
right of complainants remains unrepealed, has not been made a ques- 
tion, and they will therefore not consider it. 
“To support the otiginality of the invention the complainants have 
produced a variety of depositions of witnesses, examined under com- 
Mission, whose examination expressly proves the origin, progress, and 
Completion of the machine by Whitney, one of the copartners. Per- 
‘ons who were made privy to his first discovery, testify to the several 
*xperiments which he made in their presence before he ventured to 
*xpose his invention to the scrutiny of the public eye. But it is not 
hecessary to resort to such testimony to maintain this point. The 
usy of the artist to maintain that reputation which his ingenuity 
has justly acquired, has urged him to unnecessary pains on this sub- 
ket, There are circumstances in the knowledge of all mankind 
Which Prove the originality of this invention more satisfactorily to the 
mind, than the direct testimony of a host of witnesses. ‘The cotton 
Plant furnished clothing to mankind before the age of Herodotus. 
: * green seed isa species much more productive than the black, and 
Y nature adapted toa muc greater variety of climate. But by reason 
of the strong adherence of the fibre to the seed, without the aid of 
‘ome more powerful machine for separating it, than any formerly 
Kown among us, the cultivation of it would never have been made 
ed, €ct. The machine of which Mr. Whitney claims the inyen- 
Petes oe facilitates the preparation of this species for use, 
“altvation of it has suddenly become an object of infinitely 
Me 
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™portance than that of the other species ever can be 
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