Among the latter class was one who, misled by false notions of mechanical principles, fancied that in the mere oscillations of a pendulum lay a power sufficient for any purpose whatever. Availing himself of a well-constructed model, he exhibited to the inhabitants of Albany a pendulum which continued its motions for a considerable time, without requiring any new impulse, and at the same time propelled a pair of wheels. These wheels, however, did not work in water. Those persons who felt themselves aggrieved by the introduction of steamboats, quickly embraced this project, prompted by an enmity to Fulton, and determined, if they could not defeat his object, at least to share in the profits of its success. It soon appeared, from preliminary experiments, made in a sloop purchased for the purpose, that a steam-engine would be required to give motion to the pendulum; and it was observed that the water-wheels, when in connection with the pendulum, had a very irregular motion. A fly-wheel was therefore added, and the pendulum was now found to be a useless incumbrance. Enlightened by these experiments, the association proceeded to build two boats; and these were exact copies, not only of the hull and all the accessories of the "Clermont," but the engine turned out to be identical in form and structure with one which Fulton was at the very time engaged in fitting to his second boat, "The Car of Neptune." The pretence of bringing into use a new description of prime mover was of course necessarily abandoned, and the owners of the new steamboats determined boldly to test the constitutionality of the exclusive grant to Fulton. Fulton and Livingston, in consequence, applied to the Court of Chancery of the State of New York for an injunction, which was refused. On an appeal to the Court of Errors this decision of the Chancellor was reversed; but the whole of the profits which might have been derived from the business of the year were prevented from accruing to Livingston and Fulton, who, compelled to contend in price with an opposition supported by popular feeling in Albany, were losers rather than gainers by the operations of the season. As no appeal was taken from this last decision, the waters of the State of New York remained in the exclusive possession of Fulton and his partner, until the death of the former. This exclusive possession was not, however, attended with all the advantages that might have been anticipated. The immense increase of travel which the facilities of communication created, rendered it imperative upon the holders of the monopoly to provide new facilities by the construction of new vessels. The cost of these could not be defrayed out of the profits. Hence new and heavy debts were necessarily contracted by Fulton, while Livingston, possessed of an ample fortune, required no pecuniary aid beyond what he was able to meet from his own resources.