It had been shown by the numbers who were transported during the first summer, that at the same price for passage, many were willing to undergo all the inconveniences of the original rude accommodations, in preference to encountering the delays and uncertainty to which the passage in sloops was exposed. Fulton did not, however, take advantage of his monopoly, but with the most liberal spirit, provided such accommodations for passengers, as in convenience and even splendor, had not before been approached in vessels intended for the transportation of travellers. This was, on his part, an exercise of almost improvident liberality. By his contract with Chancellor Livingston, the latter undertook to defray the whole cost of the engine and vessel, until the experiment should result in success; but from that hour each was to furnish an equal share of all investments. Fulton had no patrimonial fortune, and what little he had saved from the product of his ingenuity was now exhausted. But the success of the experiment had inspired the banks and capitalists with confidence, and he now found no difficulty in obtaining, in the way of loan, all that was needed. Still, however, a debt was thus contracted which the continued demands made upon him for new investments never permitted him to discharge. The "Clermont," thus converted into a floating palace, gay with ornamental painting, gilding, and polished woods, began her course of passages for the second year in the month of April.
The first voyage of this year was of the most discouraging character. Chancellor Livingston, who had, by his own experiments, approached as near to success as any other person who, before Fulton, had endeavored to navigate by steam, and who had furnished all the capital necessary for the experiment, had plans and projects of his own. These he urged into execution in spite of the opposition of Fulton. The boiler furnished by Watt and Boulton was not adapted to the object. Copied from those used on the land, it required that its fireplace and flues should be constructed of masonry. These added so much weight to the apparatus, that the rebuilt boat would hardly have floated had they been retained. In order to replace this boiler, Livingston had planned a compound structure of wood and copper, which he insisted should be tried.
It is only necessary for us to say, that this boiler proved a complete failure. Steam began to issue from its joints a few hours after the "Clermont" left New York. It then became impossible to keep up a proper degree of tension, and the passage was thus prolonged to forty-eight hours. These defects increased after leaving Albany on the return, and the boiler finally gave way altogether within a few miles of New York. The time of the downward passage was thus extended to fifty-six hours. Fulton was, however, thus relieved from all further interference; this fruitless experiment was decisive as to his superiority over his colleague in mechanical skill. He therefore immediately planned and directed the execution of a new boiler, which answered the purpose perfectly; and although there are many reasons why boilers of a totally different form and of subsequent invention should be preferred, it is, for its many good properties, extensively used, with little alteration, up to the present day. But a few weeks sufficed to build and set this boiler, and in the month of June the regular passages of the "Clermont" were renewed.
In observing the hour appointed for departure, both from New York and Albany, Fulton determined to insist upon the utmost regularity. It required no little perseverance and resolution to carry this system of punctuality into effect. Persons accustomed to be waited for by packet-boats and stages, assented with great reluctance to what they conceived to be a useless adherence to precision of time. The benefits of this punctuality were speedily perceptible; the whole system of internal communication of the State of New York was soon regulated by the hours of arrival and departure of Fulton's steamboats; and the same system of precision was copied in all other steamboat lines. The certainty of conveyance at stated times being thus secured, the number of travellers was instantly augmented; and before the end of the second summer, the boat became far too small for the passengers, who crowded to avail themselves of this novel, punctual, and unprecedentedly rapid method of transport.
Such success, however, was not without its alloy. The citizens of Albany and the river towns saw, as they thought, in the steamboat, the means of enticing their customers from their ancient marts to the more extensive market of the chief city; the skippers of the river mourned the inevitable loss of a valuable part of their business; and innumerable projectors beheld with envy the successful enterprise of Fulton.
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.
The most formidable opposition which was made to the privileges of Fulton, was founded upon the discoveries of Fitch. We have seen, that he constructed a boat which made some passages between Trenton and Philadelphia; but the method which he used, was that of paddles, which are far inferior to the paddle-wheel. Of the inferiority of the method of paddles, had any doubt remained, positive evidence was afforded in the progress of this dispute; for in order to bring the question to the test of a legal decision, a boat propelled by them was brought into the waters of the State of New York. The result of the experiment was so decisive, that when the parties engaged in the enterprise had succeeded in their designs, they made no attempt to propel their boats by any other method than that of wheels.