Doubts, it seems, had arisen in the public mind as to the validity of
the patent. Great exertions had been made in Georgia, where, it will be
remembered, hostilities were first declared against him, to show that
his title to the invention was unsound, and that "somebody" in
Switzerland had conceived it before him; and that the improved form of
the machine with saws, instead of wire teeth, did not come within the
patent, having been introduced by one Hodgin Holmes. The popular voice,
stimulated by the most sordid methods, was now raised against Whitney
throughout all the cotton States. Tennessee followed the example of
South Carolina, annulling the contract made with him. And the attempt
was made in North Carolina. But a committee of the Legislature, to whom
it was referred, reported in Whitney's favor, declaring "that the
contract ought to be fulfilled with punctuality and good faith," which
resolution was adopted by both Houses. There were also high-minded men
in South Carolina who were indignant at the dishonorable measures
adopted by their Legislature of 1803; their sentiments impressed the
community so favorably with regard to Whitney that, at the session of
1804, the Legislature not only rescinded what the previous one had done,
but signified their respect for Whitney by marked commendations.
Miller died on December 7, 1803. In the earlier stages of the enterprise
he had indulged high hopes of a great fortune; perpetual disappointments
appear to have attended him through life. Whitney was now left alone to
contend single-handed against the difficulties which had, for a series
of years, almost broken down the spirits of the partners. The light,
moreover, which seemed to be breaking, proved but the twilight of
prosperity. The favorable issue of Whitney's affairs in South Carolina,
and the generous receipts he obtained from his contract with North
Carolina, relieved him, however, from the embarrassments under which he
had so long groaned, and made him, in some degree, independent. Still,
no small portion of the funds thus collected in North and South Carolina
was expended in carrying on trials and endless lawsuits in Georgia.
Finally, in the United States Court, held in Georgia, December, 1807,
Whitney's patent obtained a most important decision in its favor against
a trespasser named Fort. It was on this trial that Judge Johnson gave a
most celebrated decision in the following words:
Public-domain text, read in full here on John Shaqi.
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