"In compliance with your requisition I have examined the patent of Cyrus H. McCormick, dated 31st June, 1834, and found that the principal features embraced in said patent, viz, the cutting-knife and mode of operating it, the fingers to guide the grain and the revolving rack for gathering the grain, were not new at the time of granting said letters patent.
"The knife-fingers and general arrangements and operation of the cutting apparatus are found in the reaping machine of O. Hussey, patented 31st Dec., 1833.
"The revolving rack presents novelty chiefly in form, as its operation is similar to the revolving frame of James Ten Eyck, patented 2nd November, 1825.
"Respectfully submitted,
"CHAS. G. PAGE,
"Examiner.
"Hon. Edmund Burke, Com'r of Patents."
As some have enquired, and others may enquire, why a patent should issue under these circumstances, we reply, that previous to 1836 but little, if any, examination was made as to priority of inventions, or into preceding Patents; the applicant made oath as to his invention, and the patent was issued as a matter of course. And as another matter of course, if the rival interests clashed, litigation was the result:—the Courts and juries often decided what they little understood, and at times not at all, after the pleading of well fee'd lawyers; a pretty fair illustration of the fable of the boys and frogs; it may be fun for the lawyers but it is death to the hopes of many a poor patentee. We are, however, pleased to perceive a disposition manifested by the courts to sustain patents; even if occasionally an unjust claim is recognized as a valid one, it is better, according to the legal and moral maxim, that half a dozen rogues should escape punishment for a time, than that one innocent person should be unjustly convicted; the rogue is almost certain to be caught in the end, and truth will ultimately triumph.
McCormick-Hussey Controversy
This testimony was taken in due form at Steele's Tavern, Augusta County, Va., McCormick and Hussey both being present. It is too voluminous to copy entire, but we will refer briefly to each, having read them carefully, and obtained certified copies of all from the Patent office.
Dr. N. M. Hitt testified to a reaping machine being made by C. H. McCormick in 1831—it had a straight sickle blade.