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 inli-ac- 

 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— 



1st. 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 

 points 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 originality 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- 

 sons who were made privy to his first discovery, testify to the several 

 experiments which he made in their presence before he ventured to 

 expose his invention to the scrutiny of the pubhc eye. But it is not 

 necessary to resort to such testimony to maintain this point. The 

 jealousy of the artist to maintain that reputation which his ingenuity 

 has justly acquired, has urged him to unnecessary pains on this sub- 

 ject. There are circumstances in the knowledge of all mankind 

 which prove the originahty 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. 

 The green seed is a species much more productive than the black, and 

 by nature adapted to a much greater variety of climate. But by reason 

 of the strong adherence of the fibre to the seed, without the aid of 

 some more powerful machine for separating it, than any formerly 

 known among us, the cultivation of it would never have been made 

 an object. The machine of which Mr. Whitney claims the inven- 

 tion, so facilitates the preparation of this species for use, that the 

 cultivation of it has suddenly become an object of infinitely greater 

 national importance than that of the other species ever can be. Is 



