This plan of selling the rights to the states seemed to promise better
things for the inventor. In December, 1802, he arranged for the sale
of similar rights to the state of North Carolina, and a little later a
similar agreement was made with Tennessee. But imagine his dismay when
the South Carolina Legislature suddenly annulled its contract with
him, refused to make any further payments, and began suit to recover
what had already been paid him. The current of popular opinion had
again set against this firm of two. It was said that a man in
Switzerland had invented a cotton-gin before Whitney, and that the
main features of his own machine had been taken from others. But there
were some upright and honorable men in the South Carolina Legislature,
and they finally succeeded in convincing their associates that Whitney
had been maligned. In the session of 1804 the Legislature rescinded
its latest act in regard to the gin, and testified to its high opinion
of Whitney.
The inventor’s faithful partner, Miller, died in 1803. He had stood by
Whitney through thick and thin, and had met one buffet after another.
In spite of his splendid spirit the ceaseless war to protect their
claims had somewhat broken him, and he had despaired of ever receiving
justice in the courts. Whitney himself was now receiving some return
from the sales to the states, and these enabled him to keep out of
debt, but the greater part of his earnings had still to go for the
costs of his suits at law.
In December, 1807, the United States Court in Georgia gave a decision
in Whitney’s favor against a man named Fort who had infringed on his
patent. The words of Judge Johnson in this case became celebrated. “To
support the originality of the invention,” said he, “the complainants
have produced a variety of depositions of witnesses, examined under
commission, whose examinations expressly prove the origin, progress,
and completion of the machine of Whitney, one of the copartners.
Persons 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 public 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 subject. 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. 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
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