CASE. In the year 1809, Robert Smith, Esquire, then being Secretary of State, an application was made to him by the late Robert Fulton, Esq., for a patent for the using of vertical wheels with steam engines or other power to propel boats through the water; but though he filed such his application, &c., he neither subscribed nor swore thereto in the manner prescribed, or required, by law; for the name, Robert Fulton, is in the handwriting of another man. In 1814, (under view of the circumstances,) a patent was granted to Nicholas J. Roosevelt, for the using vertical wheels with steam engines, or other acting power, to propel boats, &c., through water, the patent or papers issued to Fulton being considered void, and but as so much blank paper. Public notice was given of the patent having been granted to Roosevelt, and Fulton never urged his claim, but from that moment abandoned it; and Roosevelt’s patent, though well and publicly known to exist, and to be in existence for twelve years, has been neither impeached nor impugned; neither does any other person lay claim to the invention of the application of vertical wheels. It is asked, if, under the within stated circumstances, the patent to Roosevelt is not valid; and at this distance of time from being issued, is not now unimpeachable? Other questions were asked in connection with the assignment. Mr. Wirt’s answer to the above is alone important however at this time. It is as follows: Baltimore, _July 11th, 1826_. On the above statement I am of opinion, that the patent to Roosevelt is valid. It is still subject to impeachment, however, on the ground that he was not the first discoverer of the improvement which he has patented. The distance of time since the date of the patent is sufficient to bar a proceeding to set it aside by _scire facias_ under the third section of the Act of 1793; but any defendant, against whom an action may be brought under the patent, may impeach it at any distance of time, under the sixth section of the Act of 1793. Satisfied from this showing that Mr. Delacy’s case was not a bad one, I agreed to undertake it, and wrote to Mr. Roosevelt, in the State of New York, upon the subject. He corroborated all that I had heard, sent me copies of important correspondence, and referred me to Richard S. Coxe, Esq., of Washington, who was the executor of Mr. Griffith, the assignee for the original papers. Mr. Griffith had then been for many years dead.