In a long communication to Commissioner Burke in 1848, together with a list of sales and profits, C. H. McCormick states, and on oath, that he had exhibited his machine in 1840 or 1841 to a considerable number of farmers and very satisfactorily, though but one person could be induced to purchase—a Mr. John Smith we believe—and that up to 1842, eleven years after the alleged invention, he had sold but two machines, and one of them conditionally. Again, in the same paper he states, "but they failed to operate well," and had to be altered—in other words they would not work at all. Amongst others, he had applied to "the farmer of Virginia, Mr. Sampson," for a certificate as to the satisfactory working of the machine, but it was declined.
We are not surprised at this; for some 35 years ago we were personally acquainted with this "farmer of Virginia," and also with his mode of farming; and know that a machine of any kind to please him must work and must also work "well." Richard Sampson was at that early day in this "age of progress," one of the best and most practical farmers in the "Old Dominion," and was not a man to be "caught napping," either at home or abroad.
The record shows that "on March 29, 1848, the Board met agreeably to adjournment—Present, James Buchanan, Secretary of State, Edmund Burke, Commissioner of Patents, and R. H. Gillett, Solicitor of the Treasury—and having examined the evidence adduced in the case decide that said patent ought not to be extended."
(Signed) "JAMES BUCHANAN,
"Secretary of State.
"EDMUND BURKE,
"Commissioner of Patents.
"R. H. GILLETT,
"Solicitor of the Treasury."
This evidence, taken in due form, and certified to by the magistrates in Augusta and Rockbridge Counties, Virginia, was not ruled out as informal, as we have seen it stated: but it was certainly laid before the Board; and was doubtless satisfactory both as to priority of invention, and in connection with Dr. Page's report, conclusive, "that said patent ought not to be extended."
We have also seen it stated that Hussey appeared before the Board of Extensions "to contest the extension of McCormick's patent."
Mr. Hussey Acted in Self Defense
We think injustice—and no doubt unintentionally—is here done to Hussey. Until the order of the Board was passed to afford him the opportunity to defend his rights, assailed without his knowledge, he was not aware of C. H. McCormick's application. As a matter of course he then attended, but stated in writing, and which is now on file, "I had no intention, neither had I any desire to place any obstacle in the way of the extension of C. H. McCormick's patent. But the course he has taken before your Board and before Congress has compelled me to act in self defense."