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had not jurisdiction of the case. They then made application to the Court of Chancery of the state, but the Chancellor, after hear. mg an argument or several days, refused to grant an injunction. An appeal to the Court of Errors, composed of the Senate of the state, and the five judges of the Supreme Court, unanimously reversed the decision of the Chancellor, and ordered a perpetual injunction; so that the boats could no more be moved with stearn, than they could by a pendulum. The merits of the members of this Pendulum Company were contrasted with those of Fulton, by Mr. Emmet, the counsel for the appellants. He described them as "men who never wasted health and life in midnight vigils, and painful study, who never dreamt of science in the broken slumbers of an exhausted mind, and who bestowed on the construction of a steamboat just as much mathematical calculation and philosphical research, as in the purchase of a sack of wheat, or a barrel of ashes."

About the year 1812, two steam ferry-boats were built under the directions of Mr. Fulton for crossing the Hudson river, and one of the same description for the East river. These boats were what are called twin-boats; each of them being two complete hulls united by a deck or bridge. They were sharp at both ends, and moved equally well with either end foremost; so that they crossed and re-crossed without losing any time by turning about. He contrived, with great ingenuity, floating docks for the reception of these boats, and a means by which they are brought to them without a shock.

From the time the first boat was put in motion till the death of Mr. Fulton, the art of navigating by steam was fast advancing to that perfection of which he believed it capable: for some time the boat performed each successive trip with increased speed, and every year improvements were made. The last boat built by him was invariably the best, the most convenient, and the swiftest.

The following anecdote shows the quickness of apprehension, as well as the practical knowledge of Mr. Fulton. It will be re. membered by some of our readers, how long, and how successfully, Redheffer had deluded the Pennsylvanians by his perpetual motion. One of these machines was put into operation in New York in 1813. Mr. Fulton was a perfect unbeliever in Redheffer's discovery, and although hundreds were daily paying their dollar te see the wonder, he could not be prevailed upon to follow the crowd. After a few days, however, he was induced by some of his friends to visit the machine. It was in an isolated house in the suburbs of the city. In a very short time after Mr. Fulton had entered the room in which it was exhibited, he exclaimed, "Why, this is a

crank motion." His car enabled him to distinguish that the machine was moved by a crank, which always gives an unequal power, and therefore an unequal velocity in the course of each revolution; and a nice and practical ear may perceive that the sound is not uniform. If the machine had been kept in motion by what was its ostensible moving power, it must have had an equable rotary motion, and the sound would have been always the same.

After some little conversation with the show-man, Mr. Fulton did not hesitate to declare that the machine was an imposition, and to tell the gentleman that he was an impostor. Notwithstanding the anger and bluster which these charges excited, he assured the company that the thing was a cheat, and that if they would support him in the attempt, he would detect it at the risk of paying any penalty if he failed. Having obtained the assent of all who were present, he began by knocking away some very thin pieces of lath, which appeared to be no part of the machinery, but to go from the frame of the machine to the wall of the room, merely to keep the corner posts of the machine steady. It was found that a catgut string was led through one of these laths and the frame of the machine, to the head of the upright shaft of a principal wheel; that the catgut was conducted through the wall, and along the floors of the second story to a back cock-loft, at a distance of a number of yards from the room which contained the machine, and there was found the moving power. This was a poor old wretch with an immense beard, and all the appearance of having suffered a long imprisonment; who, when they broke in upon him, was unconscious of what had happened below, and who, while he was scated on a stool, gnawing a crust, was with one hand turning a crank. The proprietor of the perpetual mo. tion soon disappeared. The mob demolished his machine, the destruction of which immediately put a stop to that which had been, for so long a time, and to so much profit, exhibited in Philadelphia. The merits of this exposure will appear more striking, when we consider that many men of ingenuity, learning, and science, had seen the machine: some had written on the subject; not a few of these were his zealous advocates, and others, though they were afraid to admit that he had made a discovery which violated what were believed to be the established laws of nature, appeared also afraid to deny what the incessant motion of his wheels and weights seemed to prove.

Mr. Fulton had enlarged views of the advantages of internal improvements, both as regards commerce, and the stability of the union, by a free intercourse between the states. As early as 1807, he pointed out the practicability of opening a communication

between the great lakes and the Hudson, and in 1811, he was appointed a commissioner to explore the route of an inland navi. gation, from Hudson river to Lake Erie. His calculations of the advantages of the project are very interesting, and may be found appended to Colden's Life of Fulton.

At the commencement of the year 1814, a number of the citizens of New York, alarmed at the exposed situation of their harbor, had assembled with a view to consider whether some measures might not be taken to aid the government in its protection. This assembly had, in fact, been invited by some knowledge of Mr. Fulton's plans for submarine attack, and of his contempla. ting other means of defence. They deputed a number of gentlemen to act for them, and these were called the coast and harbor committee. Mr. Fulton exhibited to this committee the model and plans for a vessel of war, to be propelled by steam, capable of carrying a strong battery, with furnaces for red-hot shot, and which, he represented, would move at the rate of four miles an hour. The confidence of the committee in this design was confirmed by the opinions of many of our most distinguished naval commanders, which he had obtained in writing, and exhibited to the committee. They pointed out many advantages which a steam-vessel of war would possess over those with sails only.

The national legislature passed a law in March, 1814, authorizing the president of the United States to cause to be built, equipped, and employed, one or more floating batteries for the defence of the waters of the United States. A sub-committee of five gentlemen was appointed to superintend the building of the proposed vessel, and Mr. Fulton, whose soul indeed animated the whole enterprise, was appointed the engineer. In June, 1814, the kee of this novel and mighty engine was laid, and in October, she was launched from the yard of Adam and Noah Brown, her able and active architects. The scene exhibited on this occasion was magnificent. It happened on one of our bright autumnal days. Multitudes of spectators crowded, the surrounding shores, and were seen upon the hills which limited the beautiful prospect. The river and bay were filled with vessels of war, dressed in all their variety of colors, in compliment to the occasion. By May, 1815, her engine was put on board, and she was so far completed as to afford an opportunity of trying her machinery. But, unhappily, before this period, the mind that had conceived and combined it was gone. On the fourth of July, in the same year, the steam-frigate made a passage to the ocean and back, a distance of fifty-three miles, in eight hours and twenty minutes, by the mere force of

steam.

In September, she made another passage to the sea, and

having at this time the weight of her whole armament on board, she went at the rate of five and a half miles an hour, upon an average, with and against the tide. The superintending committee gave, in their report, a full description of the Fulton the First, the honored name this vessel bore.

We now come to mention the last work in which the active and ingenious mind of Mr. Fulton was engaged. This was a project for the modification of his submarine boat. He presented a model of this vessel to the government, by which it was approved; and under the authority of the executive, he commenced building one; but before the hull was entirely finished, his country had to lament his death, and the mechanics he had employed were incapable of proceeding without him.

During the whole time that Mr. Fulton had thus been devoting his talents to the service of his country, he had been harassed by lawsuits, and controversies with those who were violating his pat ent rights, or intruding upon his exclusive grants. The state of New Jersey had passed a law which operated against Mr. Fulton, without being of much advantage to those interested in its passage; inasmuch as the laws of New York prevented any but Fulton's boats to approach the city of New York. Its only operation was to stop a boat owned in New York, which had been several years running to New Brunswick, under a license from Messrs. Livingston and Fulton. A bold attempt was therefore made to induce the legislature of the state of New York, to repeal the laws which they had passed for the protection of their exclusive grant to Liv ingston and Futon. The committee reported a law which they said might be passed consistently with good faith, honor, and justice! This report being made to the house, it was prevailed upon to be less precipitate than the committee had been. It gave time, which the committee would not do, for Mr. Fulton to be sent for from New York. The senate and assembly in joint session exam. ined witnesses, and heard him and the petitioner, by counsel. The result was, that the legislature refused to repeal the prior law, or to pass any act on the subject. The legislature of the state of New Jersey, also, repealed their law, which left Mr. Fulton in the full enjoyment of his rights. But alas! this enjoyment was of very short duration; for on returning from Trenton, after this last trial, he was exposed on the Hudson, which was very full of ice, for several hours. He had not a constitution to encounter such exposure, and upon his return, found himself much indisposed from the effects of it. He had at that time great anxiety about the steam. frigate, and, after confining himself for a few days, he went to give his superintendence to the artificers employed about her. Forget.

ting his debilitated state of health in the interest he took in what was doing on the frigate, he remained too long exposed, in a bad day, to the weather on her decks. He soon felt the effects of this imprudence. His indisposition returned upon him with such violence as to confine him to his bed. His disorder increased, and on the 24th day of February, 1815, terminated his valuable life.

It was not known that Mr. Fulton's illness was dangerous, till a very short time before his death, which was unexpected by his friends, and still more so by the community. As soon as it was known, all means were taken to testify, publicly, the universal regret at his loss, and respect for his memory. The newspapers that announced the event, had those marks of mourning, which are usual in our country when they notice the death of public characters. The corporation of the city of New York, the different literary institutions and other societies, assembled and passed resolutions expressing their estimation of his worth, and regret at his loss. They also determined to attend his funeral, and that the mem. bers should wear badges of mourning for a certain time. As soon as the legislature, which was then in session at Albany, heard of the death of Mr. Fulton, they expressed their participation in the general sentiment, by resolving that the members of both houses should wear mourning for some weeks.

This is the only instance, we believe, of such public testimonial of regret, esteem, and respect being offered on the death of a private citizen, who never held any office, and was only distinguished by his virtues, his genius, and the employment of his talents.

In the year 1806, Mr. Fulton married Miss Harriet Livingston, a daughter of Walter Livingston, Esq., a relative of his enterprising associate, Chancellor Livingston. He left four children; one son, Robert Barlow Fulton, and three daughters.

In conclusion, it may be proper to make a few remarks in relation to the labors of Mr. Fulton. He was not the original inventor of steamboats, because many had made them before him; neither was he the perfector, because the thing is rot yet perfect. What was he then? Why, he was the first to gain the prize; he it was who satisfied the law; and since his boat went from New York to Albany, there has always been a regular succession of steamboats; so that he was the first to bring them into public use, and by his genius and perseverance, he so improved them as to lay a solid foundation for those who came after him to build upon. Professor Renwick has given a concise history of the invention of the steam. boat, in his Treatise on Steam Engines; and has taken the right view of the subject, in our opinion, in relation to Mr. Fulton. Al

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