lar, expeditious and cheap transport on the Hudson and the Lake, the more immediately to incline the balance of trade from New Orleans towards New York.

Permit me now to correct your impression of the nature of the privilege granted to me by Massachusetts.

The States having reserved their sovereignty, in all things not ceded to the General Government, may make any grant that does not interfere in principle or in practice with the laws of Congress, and the pursuits and industry of the citizens of the United States under them. Of course all grants of privileges thus interfering must be void. They are besides oppressive, if any citizen is compelled to an expensive and onerous defence of rights so clear.

When I had at no small expense, both private and corporate, succeeded in surmounting the natural obstacles to the navigation of Merimack river, as far as Concord; and had demonstrated the practicability of employing steam boats thereon, to expedite transportation, overcoming the rapidity of the most violent. freshes; a degree of good will, bordering on gratitude, pervaded that neighbourhood; and the Legisla ture, with a view to encourage perseverance, extended the term of my patent for tow boats, seven years. But still unfortunate though successful, I could not follow up my design of having this improvement, on each of the long reaches of the river, between the canals, because the tolls were too high added to the rest of the unavoidable expenses to permit that dif ference between land and water carriage, necessary to draw the business of the country generally into this channel.

The consequence of this disappointment, led to the grant by Massachusetts. Traversed by that noble stream the Connecticut, the trade of her western counties, as well as a large part of Vermont and New Hampshire would use this river, were the means of transport expeditious and sure; which could be at

tained alone by the use of Steam Towing Boats. But there existed a natural obstacle, the Falls at Enfield. I surveyed them, ascertained the elevation, and formed my plan of the works. The grant was conditional, that one Steam Tow Boat should be put in operation within a certain period. This of course included the locking of the falls, the raising of capital and the benefit to accrue to the State.

Connecticut was also to be benefitted by an increase of her commerce. She granted an act of Incorporation with a permanent adequate toll; but it having been customary to insert a clause in Bank and Insurance Companies, reserving the right to amend, alter and annul; the Legislature could not be persuaded to believe that prudent men would not take stock in a permanent investment on these terms, as it could not be reconverted like Bank or Steam Boat

pro

perty, if their charters were abrogated on their becoming pernicious to the public good.

Now Sir, if the language of the grant implies more than an extension of the patent term, it could have meant no more, because it was founded on it; as my petition which you have published itself shews. The grant of course expired under the hostile caution of Connecticut:-an enterprise of the utmost consequence to the commerce of her metropolis was smothered under an absurd jealousy. Could all the export and import of the country on Connecticut river be made to pass to and from the city of Hartford the head of navigation, that place would become ten times as important as it now is.

As you appear to be actuated by an apprehension that I shall again petition the assembly against the monopoly, but which be assured I have not thought necessary, you have taken great pains to make it appear that I should in doing so be inconsistent with myself. And as your discernment can see no difference between a monopoly and a patent you rely on the sentiments of my petition to Massachusetts in re

C

lation to Connecticut river; and triumphantly publish it annexed to your letter as conclusive.

you

This measure strikes me with admiration must I think have committed this manoeuvre to some under officer of the corps, since the grounds of my petition are entirely against you: To italicise words does not change their meaning, any more than it does the quality of wine to put wax on the corks. The genuine reading of my petition may be found in the appendix. It makes no allusion to your monopoly. The practice of the States, which you imagine to be New York, are New Hampshire, Georgia, and South Carolina, Pennsylvania, and even New York before the adoption of the Constitution. The application is expressly founded on the existence of a patented improvement in steam navigation, and in the only form of it that could possibly be useful on that river and to that State. The petition urges as an argument (on the contrary) that the operation of the grant interferes with no natural or legal rights, but proposes in return for this act of good policy a reciprocation of benefits. There is no parallel, no kind of analogy between the principles on whicn this legitimate encouragement of lawful enterprise is founded and the arbitrary principle of monopoly, interfering as it does with the sacred rights secured to the citizens of the United States by the Constitution. The laws of Congress under it are consistent with the long tried maxims of policy and political economy which older nations have practised. They invite ingenuity and philosophy to labour in their retirement; and at maturity to come forward into active usefulness, and take the protection and the reward of their application, experiments, and researches. The author is protected in his copy right and the mechanic in his patent. And when their privilege expires the subject of it becomes public property. The duration of that privilege throughout the United States is indeed fourteen years, but every state is to judge of the expediency or

good policy of prolonging the term: either to make the reward adequate, or if the improvement requires a great capital, to make the time proportionate to the expense. Congress has in some instances for similar reasons prolonged a patent, as in the late case of Whittemore Parliament did the same for James Watt, in relation to his improvements in the steam engine.

But how essentially different is the nature of a Monopoly. To make this more clear, suppose the subject of it to be the dressing of flax. Messrs. Livingston and Fulton, bring over from England and set up the old flax dressing mill; and notwithstanding other and better flax machines are known in Pennsylvania, they, by one means and another, obtain of the Assembly, a grant of a Monopoly of flax dressing throughout the State of New York, with a right to seize to their own use as if they had been tortiously and wrongfully taken out of their possession, or stolen from them, all and every flax mill that shall be used without their licence. Mean while, and even before their flax mills go into operation, citizens of the United States under the laws of Congress, are encouraged to spend time and money in the inventing and perfecting of flax dressing machines, some more, some less preferable. Citizens of this State, and those who move into this State from others, with their flax dressing machines, presume to use them on their own farms; and to lend them, or sell them to their neighbours to be used, or finding them very much wanted, set up their sons, and neighbour's sons, in the business of making them. But, say Messrs. Livingston and Fulton, we have a Monopoly right to prevent you from inventing, and improving, and using, and selling to be used, all and every flax machine, however preferable, beneficial, economical and desirable it may be. You shall neither use your own, nor any other, without our licence: and we don't choose to give you any licence-we don't recognize your

patent rights, although the State has ceded to the United States the sole authority to legislate on these subjects, and to encourage the useful arts and sciences by Patent. The State has taken back this concession in regard to flax machines, and invested the exclusive privilege of flax dressing throughout the whole great State of New York, in us.

Now sir, outrageous as this would appear to every man of sense in the agricultural interest, your Monopoly of steam and fire is more so, as it outrages private property in the same manner; and by the cumulative remedies, and arbitrary provisions of law, found necessary to entrench your encroachment on the property of Patentees, strikes a disgraceful blow against the sacred principles of civil equality, which is the basis of our government, and without which deep foundation, it would totter like those of Europe, and fall :Monopoly is the natural child of Tyrany and Usurpation; and when adopted from that corrupt origin, into a free government, it grows up odious and detestable; and must soon expire in our pure uncongenial clime.

What a striking commentary on the nature of your monopoly is seen in the incessant opposition it has met with on all sides, almost from the beginning of its operation. What volumes of severest satire, because most just, might be compiled from the records of New York, New Jersey and Connecticut. What eloquent speeches against it from the ablest counseland what able defence, what cunning enlargment of the concern among the active, the influential and the great men. But how wide spread the indignationhow resolute the resistance-how increasing the injury-how burdensome to the State. Each year the Assembly becomes the arena of this conflict. And though the benefits of the exclusive privilege may allow you easily to sustain the expense, yet you are both a severe tax upon the time of the Assembly, and the purse of the State. I see by a printed document