4th: When the work is finished, either partner may dispose of, or
sell, any number of shares less than forty, but the purchasers, or
shareholders, are to have no vote in the management of the business. All
extensions to be paid from revenue received, and the profits equally
divided twice a year.
5th: The partnership is to continue while the patent lasts, that is,
fourteen years, or as long a term as it extends; at its close, all boats,
warehouses and other property to belong to the shareholders.
6th: If Fulton or Livingston die before the termination of the patent,
each heir or assign, holding twenty shares, shall become an active
partner with power to act.
7th: Livingston reserves the right to withdraw from the partnership
any time after his five hundred pounds have been spent in the first
experiment, but is to be considered a partner until he sends notice in
writing to Fulton.
It is evident that the document was drawn by Livingston, who certainly
made a good bargain. The sole responsibility he took upon himself was
the investment of five hundred pounds—twenty-five hundred dollars—with a
return of one-half the amount, plus seven per cent interest, if Fulton
failed to provide the invention. On the other hand, he was entitled to
receive dividends as long as the patent rights could be extended, if the
invention proved, as it did, financially productive.
For practical reasons, Fulton decided to build his trial boat in Paris,
instead of going over to England. This decision was probably made when he
found that he could borrow, or rent, an engine. Fulton had to consider
expense, for he had spent the money he received from the Panorama upon
his torpedo-boats; and his active mind conceived such vast schemes that
they seemed too costly to all his friends, except Barlow; at times, even
he advised against too great ventures. On July 26th he prudently wrote as
follows:
“My project would be that you pass directly over to England
_silent and steady_, make Chapman construct an engine of 12
inches, while you are building a boat of proportionate size.
Make the experiments on that scale all _quiet and quick_. If it
answers, put the machinery on board a vessel and go directly to
New York, (ordering another engine as large as you please to
follow you) then secure your patent and begin your operation,
first small and then large. I think I will find you the funds
without any noise for the first operation in England and if it
promises well you will get as many funds and friends in America
as you want. I should suggest a small operation first, for
several reasons; it can be made without noise; you can easier
find funds for a small experiment,” etc.
Public-domain text, read in full here on John Shaqi.
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