appealed to the Supreme Court of the United States, and upon which the annexed decision was rendered by Chief Justice Taney, and the dissenting opinion by Justice Grier.

THE BAIN CHEMICAL TELEGRAPH.

After the proceedings in the District Court of Kentucky took place, Mr. O'Rielly proposed to put on the People's Line aforesaid the Bain Chemical Telegraph, and he applied to the Court for possession of the Line. The Morse counsel resisted the application, contending that it would be another violation of the patents. The Court decided that the question was upon its violation of the injunction granted. The decree of the Court was against the Columbian Telegraph-an Electro-Magnetic Telegraph-and the Bain system was a Chemical Telegraph, which was not considered in the former trial. Whether or not it was a violation of the patents of Prof. Morse, could only be ascertained by a separate action thereon. Such was the opinion of the Honorable Court. The Line was then given in charge of the defendants, they giving bond and security not to put on the said Line any instrument infringing the patents granted to Morse.

THE FINALE OF THE LINE.

The Line was then worked by the Bain system. Mr. O'Rielly having made an assignment, the Line was placed in charge of trustees, and ultimately under a corporate control. With the utmost difficulty it was continued at work, each year increasing its debt, until June, 1852, when it became blended in management with the Morse Line. The two combined cleared about $30,000 for the year, which was applied in the payment of old debts. June, 1853, the two companies consolidated and became one, the Morse Company taking the other at an agreed valuation, assuming the debts, amounting to some $40,000 or $45,000, the combined debt being about $70,000. Such is the history of these two Lines, both groaning under a heavy debt. One good Line could have accumulated handsome gains. Free the present Company from debt, and the stock will pay large dividends. It is not with pride that we refer to these reminiscences. To all it is a sad tale. No one has been benefited, but it has been a sip of gall to each and every one who has been connected with the cause and the contest.

VOTE IN THE SUPREME COURT.

Before closing our remarks upon this question, we desire to give a statement of the case in the Supreme Court, for general information.

The opinion of the Court was read by Chief Justice Taney,

which was concurred in by Justices McLean, Catron, and Daniel. The dissenting opinion was read by Justice Grier, and concurred in by Justices Nelson and Wayne. Justice Curtis, having been a Morse counsel, did not sit in the case. Justice Campbell, having been appointed since the argument, did not sit in the case.

CONCLUSION.

We close this article by giving the claims of the Morse patents. The preceding pages give the history of the controversy as briefly as possible; also, the points of the opinion of the Court below pertaining to the Columbian Telegraph, the efforts to evade the solemn decrees of the judiciary, and the finale of the Line.

In making reference to the history of the above case, we have endeavored to avoid exhibiting any personal allusion disrespectful of the parties. We respect them all, and regret the existence of past and present troubles. The controversy is now at an end, and whatever pride or mortification either or any of us may have had, we hope will be buried forever, and our future. career be marked with well-directed consideration in the acquirement of food to eat and raiment to wear.

PATENT 1840-RE-ISSUED 1848.

"Be it known that I, Samuel F. B. Morse, now of * * * the State of New-York, have invented a new and useful apparatus for, and a system of transmitting intelligence between distant points by means of Electro-Magnetism, which puts in motion machinery for producing sounds or signs, and recording said signs upon paper or other suitable material, which invention I denominate the American Electro-Magnetic Telegraph, and that the following is a full, clear, and exact description of the principle or character thereof, which distinguishes it from all other Telegraphs previously known; and of the manner of making and constructing said apparatus, and of applying said system, reference being had to the accompanying drawing, making part of this specification. *

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CLAIMS.

"First. Having thus fully described my invention, I wish it to be understood that I do not claim the use of the Galvanic current, or current of Electricity, for the purpose of Telegraphic communications generally; but what I specially claim as my invention and improvement, is making use of the motive power of Magnetism, when developed by the action of such current or currents, substantially as set forth in the foregoing description of the first principal part of my invention, as means of operating or giving motion to machinery, which may be used to IMPRINT signals upon paper or other suitable material, or to produce

sounds in any desired manner, for the purpose of Telegraphic communication at any distances.

"The only ways in which the Galvanic currents had been proposed to be used, prior to my invention and improvement, were by bubbles resulting from decomposition, and the action or exercise of electrical power upon a magnetized bar or needle; and the bubbles and deflections of the needles, thus produced, were the subjects of inspection, and had no power, or were not applied to record the communication. I therefore characterize my invention as the first RECORDING or PRINTING Telegraph by means of Electro-Magnetism.

"There are various known modes of producing motion by Electro-Magnetism, but none of these had been applied prior to my invention and improvement, to actuate or give motion to PRINTING OF RECORDING machinery, which is the chief point of my invention and improvement.

"Second. I also claim as my invention and improvement the employment of the machinery called the Register or Recording Instrument, composed of the train of clock wheels, cylinders and other apparatus, or their equivalent, for moving the material upon which the characters are to be imprinted, and for imprinting said characters, substantially as set forth in the foregoing description of the second principal part of my invention. "Third. I also claim as my invention and improvement, the combination of machinery herein described, consisting of the generator of Electricity, the circuit of conductors, the contrivance for closing and breaking the circuit, the Electro-Magnet, the pen or contrivance for marking, and the machinery for sus taining and moving the paper, altogether constituting one apparatus or Telegraphic machine, which I denominate the American Electro-Magnetic Telegraph.

"Fourthly. I also claim as my invention the combination of two or more Galvanic or Electric circuits, with independent batteries, substantially by the means herein described, for the purpose of obviating the diminished force of Electro-Magnetism in long circuits, and enabling me to command sufficient power to put in motion Registering or Recording machinery at any dis

tances.

666

Fifthly. I claim, as my invention, the system of signs, consisting of dots and spaces, and of dots, spaces and horizontal lines, for numerals, letters, words, or sentences, substantially as herein set forth and illustrated, for Telegraphic purposes.

"Sixth. I also claim, as my invention, the system of signs, consisting of dots and spaces, and of dots, spaces, and horizontal lines, substantially as herein set forth and illustrated, in combination with machinery for recording them, as signals for Telegraphic purposes.

"Seventh. I also claim, as my invention, the types, or their equivalent, and the Type Rule and port rule, in combination with the signal lever or its equivalent, as herein described, for the purpose of breaking and closing the circuit of Galvanic or Electric conductors.

"Eighth. I do not propose to limit myself to the specific machinery, or parts of machinery, described in the foregoing specifications and claims: the essence of my invention being the use of the motive power of the Electric or Galvanic current, which I call Electro-Magnetism, however developed, for marking or printing intelligible characters, letters, or signs, at any distances, being a new application of that power, of which I claim to be the first inventor or discoverer.'

PATENT 1846-RE-ISSUED 1848.

"This patent is the reissue of the patent of April, 1846, and is for a new and useful improvement in 'Electro-Magnetic Telegraphs.' It grants the exclusive use to the patentee for the term of fourteen years from the eleventh day of April, 1846, * * *

OBJECT OF THE INVENTION.

"The original and final object of all Telegraphing is the communication of intelligence at a distance by signs or signals.

"Various modes of Telegraphing, or making signs or signals at a distance, have for ages been in use. The signs employed heretofore have had one quality in common. They are evanescent-shown or heard a moment, and leaving no trace of their having existed. The various modes of these evanescent signs have been by beacon fires of different characters, by flags, by balls, by reports of fire-arms, by bells heard from a distant position, by movable arms from posts, &c.

"I do not, therefore, claim to be the inventor of Telegraphs generally. The Electric Telegraph is a more recent kind of Telegragh, proposed within the last century, but no practical plan was devised until about sixteen years ago. Its distinguishing feature is the employment of Electricity to effect the same general result of communicating intelligence at a distance by signs. or signals.

"The various modes of accomplishing this end by Electricity have been :

"The employment of common or machine Electricity as early as 1787, to show an evanescent sign by the divergence of pith

balls.

"The employment of common or machine Electricity in 1794, to show an evanescent sign by the Electric spark.

"The employment of Voltaic Electricity in 1809, to show an

evanescent sign by the evolution of gas-bubbles, decomposed from solution in a vessel of transparent glass.

"The employment of Voltaic Electricity in the production of temporary Magnetism in 1820, to show an evanescent sign by deflecting a magnet or compass-needle.

"The result contemplated from all these Electric Telegraphs was the production of evanescent signs or signals only.

"I do not, therefore, claim to have first applied Electricity to Telegraphing for the purpose of showing evanescent signs or signals.

"The original and final object of my Telegraph is, to imprint characters at any distance as signals for intelligence; its object is to mark or impress them in a permanent manner.

"To obtain this end, I have applied Electricity in two distinct ways. 1st. I have applied, by a novel process, the motive power of Electro-Magnetism, or Magnetism produced by Electricity, to operate machinery for printing signals at any distance. 2dly. I have applied the chemical effects of Electricity to print signals distance.

at

any

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CLAIMS.

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"First. What I claim as my invention, and desire to secure. by letters patent, is the employment, in a main Telegraphic circuit, of a device or contrivance called the Receiving Magnet, in combination with a short local independent circuit or circuits, each having a Register and Register Magnet, or other Magnetic contrivances for registering, and sustaining such a relation to the Register Magnet, or other Magnetic contrivances for registering, and to the length of circuit of Telegraphic line, as will enable me to obtain with the aid of a Galvanic battery and main circuit, and the intervention of a local battery and local circuit, such motion or power for registering as could not be obtained otherwise without the use of a much larger Galvanic battery, if at all.

"Second. I also claim as my invention, the combination of the apparatus called the self-stopping apparatus, connected with the clockwork by the Register, for setting said Register in action, and stopping it with the Pen Lever F, as herein described.

"Third. I also claim as my invention, the combination of the point or points of the pen and pen lever, or its equivalent, with the grooved roller, or other equivalent device, over which the paper, or other material suitable for marking upon, may be made to pass for the purpose of receiving the impression of the characters; by which means I am enabled to MARK or PRINT signs or signals upon paper or other fabric, by indentation, thus dispensing with the use of coloring matter for marking, as specified in my letters patent, of January 15th, 1846.'"