A
LETTER;
ON THE SUBJECT OF THE CAUSE,
BOULTON and WATT, &c.
PRICE TWO SHILLINGS.
A
LETTER,
TO THE
Rt. Hon. Sir JAMES EYRE,
LORD CHIEF JUSTICE OF THE COMMON PLEAS;
ON THE SUBJECT OF THE CAUSE,
BOULTON & WATT, v. HORNBLOWER & MABERLY:
FOR INFRINGEMENT ON MR. WATT’S PATENT
FOR
AN IMPROVEMENT ON THE
STEAM ENGINE.
By JOSEPH BRAMAH, Engineer.
LONDON:
PRINTED FOR JOHN STOCKDALE, PICCADILLY.
1797.
ADVERTISEMENT.
The following pamphlet makes its appearance in conſequence of a Verdict given lately at Guildhall, London, on the trial of an action brought by Meſſrs. Boulton and Watt, (for an infringement of Mr. Watt’s patent for the Improvement of the Steam Engine) againſt Meſſrs. Hornblower and Maberly. The Verdict was for the Plaintiffs: But as the ſubject will probably undergo a further diſcuſſion, the author of theſe pages, who appeared on the Trial as a Witneſs for the Defendant, found himſelf called on to ſtate, what he conſiders as material to the Juſtice of the Caſe: And to ſhow that Mr. Watt’s Specification is not ſuch as to entitle him to the aſſiſtance of the laws of his Country in ſupport of his Monopoly.
In doing this he may, perhaps, have been led, by the warmth of his zeal for truth, into ſome expreſſions which may bear a ſeverer interpretation than he intended. Some of theſe are noticed in the Liſt of Errata. For any others which may have eſcaped, he requeſts the Reader’s excuſe; aſſuring him that his only intent is, to open the eyes of the Publick to facts; which, when well conſidered, will be found of the utmoſt importance to the encouragement of Genius and the advancement of Knowledge.
A LETTER, &c.
- My Lord,
Being long convinced of the genuine goodneſs of your Lordſhip’s heart, and the purity of all your intentions; eſpecially in that high and important office you fill with ſuch diſtinguiſhed reputation; and ſatisfied that you are deſirous to poſſeſs every information which may forward the great purpoſes of Juſtice; I am emboldened to lay before you a few remarks on the ſubject of the cauſe, Boulton and Wart, verſus Hornblower and Maberley, which came before your Lordſhip, on Friday, 16th Dec. 1796, at Guildhall, London.
The ſubſtance of theſe remarks I deſigned to relate during the courſe of my evidence on that Trial; although much incapacitated by indiſpoſition, and thoſe alkaleſcent and morbific exhalations, ever a conſequence of large and cloſe aſſemblies; had not your Lordſhip, aware the attention of the Court had become flaccid through fatigue, and rightly conjecturing it could not therefore produce a proper effect, expreſſed a wiſh to have it curtailed. But having conceived theſe obſervations of great importance in the Defendants’ cafe, and giving juſt reaſon to expect an iſſue contrary to the one which took place; and regarding that iſſue as a precedent prejudicial to public intereſt, I cannot ſatisfy my conſcience as an independent Witneſs, and a dependent member of ſocicty, without humbly recommending them to your Lordſhip’s conſideration.
In doing this, I venture to hope your Lordſhip will not deem me too arrogant; ſince it is certainly no diſparagement to the abilities of any ſet of men engaged by other purſuits, not to poſſeſs the ſcientific knowledge ſo particularly relative to, and of ſuch eminent conſequence in the above cauſe; when to obtain it the moſt extenſive practice is barely ſufficient.
The incongruous and unmethodical manner in which queſtions were put by the Defendants’ Counſel, aided by the thwartings of thoſe for the Plaintiffs, and the cauſes before mentioned, having deranged the order, and obſcured the purport of the evidence I was prepared to give; from a deliberate peruſal of the Specification (which in caſes of this nature I thought neceſſary) and hearing Mr. Gurney, the Short-hand writer, declare it impoſſible to obtain correct minutes of the tranſactions, I may, perhaps, be allowed to preſume that your Lordſhip could not digeſt into a comprehenſible form the matter of that evidence; which therefore I will beg leave to recapitulate, compounded with the whole ſubſtance which had occurred to my underſtanding.
To give as little trouble as poſſible, and to preſerve a method which may more readily develope the object, I will recite the Specification, make ſundry remarks upon it by way of outline, then lay before your Lordſhip a particular diſſection of the moſt eſſential parts of the Plaintiffs’ Engines, which from inſpection ſeem to require it; and by referring to the ſaid Specification, and ſome of the evidence on the Trial, I doubt not will leave your Lordſhip in full poſſeſſion of the ſecret views of the author of this very abſtruſe and ambiguous concern. To this I will take the liberty to ſubjoin ſome miſcellaneous obſervations on the neceſſary limitations of Monopolies. THE SPECIFICATION.
Whereas, His Moſt Excellent Majeſty King George the Third, by his Letters Patent, under the Great Seal of Great-Britain, bearing date the Fifth Day of January, in the Ninth Year of His ſaid Majeſty’s Reign, did give and grant unto me the ſaid James Watt, His Special Licence, Full Power, Sole Privilege, and Authority, That I the ſaid James Watt, my Executors, Adminiſtrators, and Aſſigns, ſhould, and lawfully might, during the Term of Years therein expreſſed, uſe, exerciſe, and vend, throughout that Part of His Majeſty’s Kingdom of Great-Britain called England, the Dominion of Wales, and Town of Berwick upon Tweed, and alſo in His Majeſty’s Colonies and Plantations abroad, my new-invented Method of leſſening the Conſumption of Steam and Fuel in Fire Engines: In which ſaid recited Letters Patent is contained a Proviſo, obliging me the ſaid James Watt, by writing under my Hand and Seal, to cauſe a particular Deſcription of the Nature of the ſaid Invention to be enrolled in His Majeſty’s High Court of Chancery, within Four Calendar Months after the Date of the ſaid recited Letters Patent; and the Statute in that behalf made, Relation being thereunto reſpectively had, may more at large appear, Now Know Ye, that in compliance with the ſaid Proviſo, and in Purſuance of the ſaid Statute, I, the ſaid James Wart, do hereby declare, that the following is a particular Deſcription of the Nature of my ſaid Invention, and of the manner in which the ſame is to be performed, (that is to ſay) my Method of leſſening the Conſumption of Steam, and conſequently Fuel, in Fire Engines, conſiſts of the following principles.
First, That Veſſel in which the powers of Steam are to be employed to work the Engine, which is called the Cylinder in common Fire Engines, and which I call the Steam Veſſel, muſt, during the whole Time the Engine is at work, be kept as hot as the Steam that enters it; firſt, by incloſing it in a Caſe of Wood, or any other Materials that tranſmit heat ſlowly; ſecondly, by ſurrounding it with Steam or other heated Bodies; and thirdly, by ſuffering neither Water, or any other ſubſtance colder than the Steam, to enter or touch it during that Time.
Secondly, In Engines that are to be worked wholly or partially by Condenſation of Steam, the Steam is to be condenſed in Veſſels diſtinct from the Steam Veſſels or Cylinders, although occaſionally communicating with them; theſe Veſſels I call Condenſers; and whilſt the Engines are working, theſe Condenſers ought at leaſt to be kept as cold as the Air in the Neighbourhood of the Engines, by Application of Water or other cold Bodies.
Thirdly, Whatever Air or other elaſtic Vapour is not condenſed by the Cold of the Condenſer, and may impede the working of the Engine, is to be drawn our of the Steam Veſſels or Condenſers by Means of Pumps wrought by the Engines themſelves, or otherwiſe.
Fourthly, I intend in many Caſes to employ the expanſive Force of Steam to preſs on the Piſtons, or whatever may be uſed inſtead of them, in the ſame Manner as the Preſſure of the Atmoſphere is now employed in common Fire Engines. In caſes where cold Water cannot be had in plenty, the Engines may be wrought by this Force of Steam, only by diſcharging the Steam into the open Air after it has done its office.
Fifthly, Where Motions round an Axis are required, I make the Steam Veſſels in form of hollow Rings or circular Channels, with proper Inlets and Outlets for the Steam, mounted on horizontal Axles like the Wheels of a Water Mill; within them are placed a Number of Valves that ſuffer any Body to go round the Channel in one Direction only: In theſe Steam Veſſels are placed Weights ſo fitted to them, as entirely to fill up a Part or Portion of their Channels, yet rendered capable of moving freely in them by the Means herein after mentioned or ſpecified. When the Steam is admitted in theſe Engines between theſe Weights and the Valves, it acts equally on both, ſo as to raiſe the Weight to one ſide of the Wheel, and, by the Re-action on the Valves ſucceſſively, to give a circular Motion to the Wheel, the Valves opening in the direction in which the Weights are preſſed, but not in the Contrary; as the Steam Veſſel moves round it is ſupplied with Steam from the Boiler; and that which has performed its Office may either be diſcharged by means of Condenſers, or into the open Air.
Sixthly, I intend in ſome Caſes to apply a degree of Cold not capable of reducing the Steam to Water, but of contracting it conſiderably, ſo that the Engines ſhall be worked by the alternate Expanſion and Contraction of the Steam.
Lastly, Inſtead of uſing Water to render the Piſton or other Parts of the Engines, Air and Steam tight, I employ Oils, Wax, Reſinous Bodies, Fat of Animals, Quickſilver, and other Metals in their fluid State.
In Witneſs whereof I have hereunto ſet my Hand and Seal, this Twenty-fifth Day of April, in the Year of our Lord One Thouſand Seven Hundred and Sixty-nine.
Sealed and delivered in the Preſence of
COLL. WILKIE.
GEO. JARDINE.
JOHN ROEBUCK.
Witneſſes,
COLL. WILKIE.
GEO. JARDINE.
In conſidering the part arranged Firſt in this Specification, I cannot obſerve that the words there uſed, create in the mind of the Reader any new idea reſpecting the conſtruction, proportion, or office, of that part of an Engine, properly called the ſteam cylinder. Nor do they tend to impregnate the underſtanding of a perſon well ſkilled in the fabrication of common Engines, with any image of an improvement: there being no alteration either propoſed, or ſpecified, relative to the various circumſtances which conſtitute this part of a Steam Engine in a working ſtate. The enquirer is left wholly uninformed, whether the intended cylinder, or ſteam veſſel is to be left open at top, and ſhut at bottom, or ſhut at top, and open at bottom; or whether both its ends are to be alike ſhut. Nor is he directed in what manner the ſteam is to be admitted into the cylinder, or in what manner diſcharged: there being no mention how, and in what part of the cylinder, the neceſſary inlets and outlets are to be contrived; notwithſtanding the eſſence of every Engine depends thereon. There is likewiſe no mention made of the form, and action of the Piſton, or the method of connecting it with the external and working parts of the machine; or whether the expanſive force of the ſteam is exerted on the upper or under ſide of the ſaid Piſton; or even whether there is a Piſton employed at all.
Thus I conceive that no Engineer whatever could derive the ſmalleſt benefit from this account, to aid his attempts to improve the Steam Engine.
The latter part of the above article, deſcribing the treatment of the cylinder or ſteam veſſel, appears to be equally vague, and uſeleſs.
It is there directed to “incloſe the cylinder in a caſe of wood, or other materials which tranſmit heat ſlowly;” but there is not a hint given in any degree adequate to inſtruct the practitioner in what mode this caſe is to be applied; whether it muſt be in contact with the external ſurface of the ſaid cylinder, or placed at ſome given diſtance from it. Thus, my Lord, it is left to every Engine Builder to invent, and determine for himſelf; and it ſeems to me that the idea in this caſe moſt likely to preſent itſelf, would be to have ſtaves of wood nicely fitted to the external circle of the cylinder, and then bind them on with iron hoops, or cordage. And having thus incloſed the iron cylinder in a Wooden Caſe, proceed to the ſubſequent directions in the ſame clauſe, termed Secondly, which orders that the cylinder (ſeeming to include wood alſo) ſhall be then ſurrounded with ſteam, or other heated bodies; but does not expreſs in what manner any of theſe garments are to be procured or applied in its circumambient form.
Neither does it expreſs by what means theſe heated bodies are to receive their heat, or the manner of perpetuating this heat, during the periods the Engine works.
This part of the Specification appears more calculated to miſlead and perplex than the former; and I am fully perſuaded were theſe imperfect directions given to any Workman, even of the moſt eminent knowledge in the art of building Engines, they would tend directly to fruſtrate every regular ſtep neceſſary to be taken in the progreſs of ſuch a work.
Had there been but the ſhadow of a guide introduced in this myſterious compoſition, an ingenious mind might have accidentally ſtumbled on the Inventor’s mark; but it is ſo much the contrary, that every adventurer is conſtrained to explore a way for himſelf, and to wrap his cylinder in any warm covering his powers of judgment may ſuggeſt. And it is my firm opinion, that were Engine Builders in general left to puzzle out this ſingle circumſtance, ninety-nine out of every hundred would attempt a different method of accompliſhing the Inventor’s intention: and I am likewiſe as fully convinced, that a like proportion would finally miſs their aim, in ſpite of repeated efforts.
From the words which compoſe the Article Secondly, reſpecting Condenſation, it does not appear that any jet, or ſtream of cold water, is to be thrown into the cylinder as in common Engines; there being no method pointed out by which it may be injected, or diſcharged, during the alternate ſtrokes of the Engines: but we are told the Steam muſt be condenſed in veſſels, called Condenſers, which may be wholly diſtinct from, and unconnected with the Steam Cylinder, or may occaſionally communicate therewith. But there is no deſcription of or even, alluſion to, an internal application of cold water, for the purpoſe of condenſation, and how this operation finally ſo eſſential in other Engines, is to be performed by a new method, it becomes every inventor to declare; and alſo to ſhew what condenſers are, as I confeſs I cannot comprehend whether they are Tubes, Boxes, Ciſterns, or what elſe; there being no one ſentence to juſtify a ſpecific concluſion on the ſubject.
Article Thirdly, ſets forth that Pumps are to be uſed for extracting the uncondenſed Vapour, but as in all the foregoing inſtances, the leaſt trace of their ſituation, dimenſions, conſtruction or action is not mentioned; every Engineer muſt diſcover the beſt he can, and apply it as his own ingenuity directs; the writer of the Specification having thought proper to reſerve this ſecret for his ſole uſe.
Article Fourthly, propoſes the Inventor’s intention, or what he means to do rather than what he has done; but in this, as in the preceding inſtances, he has taken care to be equally incomprehenſible; having reſolved nothing poſitively, given no relation, propoſed what is totally impracticable, and drowned the whole in an undefinable maſs.
Article Fifthly. This clauſe is a complete jumble of incoherent, unconnected, abſurd, and indigeſted ideas; ſo blended and coagulated with myſtery, ambiguity, and impoſſibility in practice, that it is a diſgrace to the writer, and would undoubtedly ruin any mechanic who might attempt to analyze it.
Article Sixthly. Here likewiſe the inventor ſtates his Intentions, and not his Actions. And behold! What does he (by way of miſleading) but propoſe what every man of Chymical Science muſt reject? viz. To work Engines by the partial expanſion and condenſation of ſteam. When it is a point long ſince determined, that there is no intermediate heat, or progreſſive operation, in the act of water expanding into ſteam. It muſt therefore follow, that progreſſion is applicable only to the effect, and not to the act of generation; as whenever the degree of heat is exceeded which keeps water in its denſe ſtate, it inſtantly becomes ſteam; and when the ſteam is reduced by any colder body, it then as inſtantaneouſly becomes water. This is the doctrine of my experiments, and of every ſcientific man. And I will venture to affirm, that were it poſſible to communicate to all the water in the univerſe an evaporating degree of heat at the fame inſtant of time, that it would explode into ſteam, much quicker than gunpowder, or any known denſe fluid capable of expanſion into vapour: if, therefore, the inventor knew any thing contrary to this opinion, ſo long and well eſtabliſhed, he ſhould have declared it in an explicit manner.
Now, my Lord, what ſurpaſſes and crowns the whole comes under the head:
Lastly. In this clauſe there appears, to my mind, the moſt miſchievous uncertainty, (ſome perhaps might even term it the moſt dangerous fraud) that ever formed a part of any inſtrument intended for a public guide; and I will preſume to ſay, that, had a Patent been granted, under ſuch a Specification, in either the ſciences of Chemiſtry or Pharmacy, great part of Mankind, who might have been led to tamper, muſt have been deſtroyed. For nothing leſs could be the conſequence of uſing drugs without a knowledge of their qualities, or the neceſſary proportions in compounding them.
This ſtrange and ſuſpicious paragraph begins by obliquely bringing water (heretofore uſed for the purpoſe he is about to deſcribe a ſubſtitute) into diſrepute; and then in order to invelope as much as poſſible the true Mot D’Enigme, which your Lordſhip heard from the teſtimony of Mr. Simpſon was Mutton Suet, he begins by adducing Oils, Wax, Reſinous Bodies (then what alone he ſhould have ſaid, the Fat of Animals) and laſtly, what is more particularly blameable, Quickſilver, and other metals in their fluid ſtate.
I will trouble your Lordſhip with my full opinion on this laſt, and deſtructive propoſition.
To uſe Oils in general is impoſſible, as all Volatile Oils would be diſſipated, and many of them, under ſome circumſtances, explode with force ſufficient to burſt an Engine, and deſtroy all around them. Vegetable oils are equally inapplicable, and if applied muſt be injurious to the working of the Engine. As they are compoſed of volatile and fixed matter, the volatile part would, as in the foregoing caſe, be at leaſt diſtilled and go off with the ſteam into the condenſer; and the fixed or reſinous part would ſo corrode and clog the Engine, as to ſet it quite faſt and render it uſeleſs in a ſhort time, and this defect could not be remedied or repaired without totally diſorganizing the machine, which in works of great magnitude, where the proceſs of a Mine or Manufactory depends upon it, would be attended with an expence of ſome hundred pounds: as your Lordſhip will clearly ſee the whole muſt be ſtopped during ſuch an uncertain period.
All kinds of wax and reſinous ſubſtances, including all the gums, &c. would very obviouſly have a more ſpeedy and worſe effect than the oils. It is therefore unneceſſary to ſay more on this part of the ſubject.
In the center, and next in order ſtands Animal Fat; but in the uſual indefinite manner without ſpecifying what Animal; not Sheep’s Fat which has been recommended in preference, but any Fat which may be the moſt readily procured, and there are certainly ſome which if applied would be injurious both to Engine and Keeper.
This is ſucceeded by the ne plus ultra of abſurdity. It is directed to uſe quickſilver, and other metals in their fluid ſtate. Quickſilver, my Lord, would amalgamate, and incorporate with all the parts of an Engine which are neceſſarily of braſs, and preſently crumble them to powder. Beſides when the Engine received a denſe, and overheated ſteam, the Mercury would diſſipate in fumes and poiſon every living creature in its vicinity.
Before I proceed to denote the effects of melted Metals applied in their fluid ſtate, it may be neceſſary to remark for your Lordſhip’s information, that the piſton of all Newcomen’s Steam Engines, and of thole alſo made by Mr. Watt, are firſt packed and made ſteam tight with hemp, tow, junk, or ſome ſoft ſubſtance ſaturated with melted tallow; and then water always kept on the ſide of the piſton where the force of the ſteam, or air, acts, in order to render it more perfectly tight than it could be made and maintained during the working of the Engine. And this water (contrary to what your Lordſhip was informed in Court) it is the practice of the beſt Engineers to apply hot: This was chiefly to prevent the too frequent neceſſity of renewing the packing above mentioned, which from the great quantity of rub on the ſides of the cylinder, is apt ſoon to loſe that perfection neceſſary to render them air and ſteam tight. Your Lordſhip being in poſſeſſion of theſe facts, I need not aſk what would become of this packing, ſhould any perſon led by an implicit confidence in the judgment and candour of Mr. Watt, have the monſtrous ſtupidity to pour on this piſton (part of which conſiſts of Hemp, and tallow) metals in their fluid ſtate. Suppoſe lead, relatively the mildeſt; it would inſtantly deſtroy the perfection of the Engine, if not by burning the packing, by adhering to every part of the Machine; and when the heat ſlackened, totally defeat the poſſibility of ſtarting it again. What then would be the conſequence of uſing melted braſs or iron? It would burn the packing in an inſtant. Was it poſſible to make one ſtroke, which it would not, a ſecond could not be made. And when the Engine retuned again to a cold ſtate. Would not, (I aſk Mr. Watt,), his Engine be all brazed together; and rendered immoveable until a melting heat was introduced? Which I think he would find difficult to accompliſh, without fixing it in the place of Shadrach, Meſhach, and Abednego; and where I think the whole would be diſſolved, rather than work, or walk about, as thoſe much more feeble Engines did in that ſituation.
Upon the whole, my Lord, I conclude the writer of this Specification comes very much under the ſimilitude of one, who having privately turned out a bag-fox, and joining in the chaſe, has this advantage over his brother ſportſmen; he well knows even at ſtarting what he is purſuing, while the others muſt both purſue and overtake before they can deſcribe the animal. Or he may be compared to one who ſecretes a ſpring-gun ſo nicely balanced on a ſwivel, that it readily points in all directions, and let the treſpaſſer approach either in front, in rear, or on either ſide, it is ſure to tack about and kill him.
I will now take the liberty to intrude on your Lordſhip a few obſervations on the Plaintiffs’ evidence.
I remark that the evidences Mr. De Luc, Dr. Herſchel, Profeſſor Robinſon, Mr. Cummings, and Mr. Ramſden are not practical Engineers or Engine-builders; and that in the account they ſeverally gave on examination of their occupations and profeſſions, they none of them ſaid this. But on the contrary, I think theſe very reſpectable witneſſes confeſſed they never did make a Steam Engine, or ever had one conſtructed under their directions, but only implied they had no doubt they could. Now, my Lord, whatever confidence theſe truly ingenious men may have in their phyſical powers, I am well perſuaded ſo much depends on practice in this Art, that none of them could, without much extra trouble and expence (all of which would be avoided by an experienced Engineer) even complete an Engine on the long-known principle of Newcomen. And if ſuch difficulties would attend this undertaking, what muſt be the conſequence of the ſame perſons having to conſtruct an Engine, ſo much more complex in its nature, numerous in its parts, and difficult to aſcertain their relative ſituations, as thoſe conſtructed by Mr. Watt; and this by the help of a Specification only, which I have endeavoured to ſhew your Lordſhip does not contain a ſingle hint relative to proportion or organization, though the entire effect of this wonderful Machine is abſolutely dependent thereon.
Nay, my Lord, I am ſo far from admitting that any of theſe four Gentlemen, though the greateſt ornaments to their own profeſſions, could build a perfect Engine from this Specification, equal, or nearly equal, to thoſe built by Bolton and Watt;—that I could venture to forfeit my exiſtence that none of them, whatever they profeſs, could with all their phyſical ſkill even direct the refixing and joining together the component parts of any of theſe engines; were thoſe parts thrown promiſcuouſly together. Or to go one ſtep farther, with your Lordſhip’s permiſſion, I will ſtake every ſhilling I am worth, that not one of them, excepting Mr. Cummings, could even ſtart or ſet to work again one of the Engines juſt mentioned, if ſhe chanced to make a ſpontaneous ſtand. At the ſame time, my Lord, I can produce very many men, unable even to read, who, unaſſiſted by any knowledge but that which they have derived from being labourers only to a practical Engineer, will readily perform the whole.
Of the above named Gentlemen, Mr. Cummings and Profeſſor Robinſon in making this attempt would certainly have the preference. The former altho’ a man of uncommon information and genius, the powers of which have been through a ſeries of many years exerciſed in one of the moſt eminent mechanical branches, that of Watch-making; and having turned his thoughts to, and practiſed many other objects, and eſpecially organiſed machines; would, I think, be much perplexed in accompliſhing the taſk I mention, unaſſiſted by any other help than a knowledge of Newcomen’s Engine and this Specification: though this knowledge and the advantages above mentioned, would place him before every man in this Country not a profeſſed Engineer.
With reſpect to Profeſſor Robinſon, my Lord, I have no doubt he would experience ſtill greater difficulties in the junction of all the parts of a machine, after the plan on which Boulton and Watt build Engines. Notwithſtanding in his evidence he declared he had been at the elbow of Mr. Watt during nearly the whole time of his experiments, which he ſet forth to be ſix years. And I obſerved they had mutually ſtudied in this proceſs, and communicated and compounded thoughts, and drawn concluſions on the ſubject. And that they had been frequently aſſiſted by the abilities of Dr. Roebuck, a man of great invention in mechanics, and of a general knowledge in the ſciences.
Thus it ſeems as if this undefined invention originated from a jumble of ideas, a compound of judgment and inventors; although Mr. Watt would perſuade us it was his bona fide invention.
Should your Lordſhip have an opportunity to couple theſe obſervations with future proceedings, I am ſenſible you will be convinced that by laying the foundation of his claim in ſuch a vague and unſpecific manner, the Patentee meant not to confine himſelf to any determinate ſpot on which he intended to build; but by the method of grafting one patent into another, expects to keep poſſeſſion of his monopoly for ever. As muſt eventually prove the caſe, if a Specification like that at preſent in diſpute ſhould ultimately be ſanctioned by law.
I think it is evident that after the principle, as Mr. Watt calls it, of condenſing in a ſeparate veſſel had occurred to him, and required the full ingenuity of theſe three men, himſelf a reputed mathematician, Robinſon a profeſſor of Chymiſtry and Philoſophy, and Dr. Roebuck, in the habit of building Engines on Newcomen’s plan; I think, my Lord, it is evicent ſo much of this immenſe ſaving, they pretend to have made in Steam and Fuel depended on the due proportion, conſtruction, and nature of the materials in theſe Engines, that it coſt them ſix years (according to their own ſtatement) of extreme ſtudy, labour, and an expence ſo ruinous, as frequently to oblige the patentee to make a ſtand for reimburſements, before they could organize the Machine ſo as to accompliſh the deſired effect.
It muſt follow then, that the effect did abſolutely depend on nothing but the principles of proportion, and organization of the Engine; and that it might and ought to have been fully deſcribed in words, by drawings and references in the uſual way; the ſame as given by an architect who directs others to build a houſe according to his new-invented plan.
Whether they could not, or would not deſcribe this Engine, is then the queſtion. Admitting the former to be the caſe, the Engine muſt be a non-deſcript, and may be any thing; admitting the latter, which muſt be the caſe, the Specification is anſwerable to their withes; for it is ſo abſtruſe and abridged, ſo myſterious and undeciſive, that no human underſtanding can poſſibly penetrate it. In fine, it wants all that can be couched under the term ſpecific, and may be ſaid rather to include every thing than ſpecify any thing.
The teſtimony of the above gentlemen, with all poſſible deference and ſubmiſſion to the better judgment of the Court, I muſt beg leave to remark, was in my humble opinion totally irrelevant and deſultory: and carrying no tendency to reſolve the point in queſtion, occupied that time which would have ſaved the neceſſity of mutilating the defence.
Of the remaining witneſſes: for the Plaintiffs, many, to my certain knowledge, were directly or indirectly their ſervants, and I cannot forbear digreſſing to expreſs my regret, that your Lordſhip did not hear the unjuſtifiable and cowardly epithets they made uſe of (in a tone too low to be heard, but by thoſe who, like myſelf, were very near them) to interrupt and derange my ideas. This behaviour, ſo extremely indecorous in a court of juſtice, and evincing a doubt of the equity of their pretenſions, added to the bias which is natural in their ſituations, may ſerve to ſhew your Lordſhip, how little ſtreſs can be laid on their evidence. As the preceding remarks on the Specification, reſult from an attentive and impartial peruſal of it, diveſted of every idea derived from a knowledge of the plan on which the Plaintiffs work, I will now ſtate for your Lordſhip’s conſideration, ſome of the points which appear moſt precarious on a minute inſpection of various engines built by them; and in which even the ableſt men that ever conſtructed an Engine on Newcomen’s plan would fatally miſs their way.
The firſt thing which attracted my attention, when inſpecting an Engine built by Mr. Watt, was the ſteam cylinder; which I obſerved ſhut at both ends, contrary to that of Newcomen, which is always open at the upper end; whereby the atmoſphere acts upon the upper ſurface of the piſton, both in its aſcent and deſcent.
A ſlight pauſe on this circumſtance ſoon preſented to my view a total contradiction to the article in Mr. Watt’s Specification denominated fourthly, where he aſſerts, that he “intends in many caſes to employ the expanſive force of ſteam to preſs on the piſtons, or whatever may be uſed inſtead of them, in the ſame manner as the preſſure of the atmoſphere is now employed in common Fire Engines.”
On reading this paragraph, every perſon acquainted with Newcomen will naturally aſk; How can the expanſive force of ſteam be applied to preſs down the piſton in the manner it is now performed by the atmoſphere, which requires the top of the cylinder to be kept open? For ſuppoſe ſteam to be poured on to the top of it inſtead of air, where is there any footing or butment for the re-action of this expanſive element? I clearly perceive, ſays the enquirer, that the air performs this office by its gravitating power, which requires no butment. But how can any expanſive force be employed without it; ſince it is a law of nature that no force of this kind can be exerted, without being firſt prevented from expanding in the contrary; or at any rate without having a reſiſtance in all directions, equal at leaſt to the force of action required?
Theſe reflections, I conceive, would induce a concluſion, that the man who propoſed ſuch a thing muſt be either a fool or a madman. But to return:
On conſidering the ſtrange difference I ſaw in this machine from that of Newcomen, I concluded in my own mind the following to be the real invention of Mr. Watt in the cylinder part of the Engine. Firſt. He has completely inverted the order of Newcomen, by turning the cylinder upſide down. Secondly. By making the proper inlets and outlets for the ſteam, at the upper, inſtead of the lower end of the cylinder.
Thirdly. The valves uſed in theſe inlets and outlets for the purpoſe of admitting and ſhutting off the ſteam; and for retaining it in the cylinder and diſcharging it; and the manner of giving motion to them from without, are very peculiarly and curiouſly contrived; and totally different from any article ever applied in Newcomen’s Engines for the ſame purpoſes. And theſe valves, &c. I obſerve are made always of braſs, or a mixture of copper and braſs; and I cannot ſee of what other metal ſuch very eſſential parts could be made; as iron would ſoon ruſt, and in a few weeks loſe the perfection requiſite to keep them air and ſteam tight.
Fourthly. I caſt my eye on a ſingle part where depends the whole effects of the Engine; and which part not being properly accompliſhed would render finally abortive all the efforts it is poſſible to make in giving motion and power to the machine.
This, my Lord, is the mean adopted for giving motion to the external mechaniſm of the Engine by connecting it with the piſton, which is here cloſe ſhut up in the internal part of the cylinder; and as I have already obſerved, the cylinder is placed with its bottom upwards, compared with Newcomen’s, this connection between the internal and external motion muſt of neceſſity be communicated through the bottom which now becomes the top of the cylinder. As the entire effect of the Engine depends on aſcertaining a method of doing this completely, and ſeeming to form the moſt material part of the whole invention, I will be more particular in deſcribing it to your Lordſhip; and begin with ſtating how this was performed by Newcomen.
In all Newcomen’s Engines where the top of the cylinder was entirely open, the piſton was connected with the working beam by a ſingle or double iron chain; in moſt caſes double at the upper end next the beam, and the lower end commonly formed a junction with the piſton by an intermediate ſtrong bar of iron, in ſome cafes a ſtrong rod of wood ſhod with iron. By this means the force of the piſton received from the preſſure of the atmoſphere was communicated to the beam above, and that in as rough a manner as the workmen pleaſed to make it; the ſmoothneſs and truth of workmanſhip being unneceſſary in this caſe.
But only behold, my Lord, the difference required in Watt’s Engines in this one particular!
The above two motions are to be connected by means of a rod or other contrivances (for a chain, &c. will not anſwer here) which muſt not only paſs through an aperture in the cap or top of the cylinder, ſteam and air tight, bur this aperture is required to be kept thus cloſe during every ſtroke the Engine makes.
This cannot fail of ſtriking your Lordſhip in a ſerious point of view; and from what has been ſaid it muſt involve a concluſion in your mind, that this part is one grand eſſential, if not the moſt ſo, of any in the machine; as the ſmalleſt imperfection here will admit the air when the vacuum is made, and thereby completely ſtop the Engine.
Having thus prepared your Lordſhip, I will how deſcribe that which Mr. Watt ſhould have done, i. e. The manner in which the internal piſton is connected with the working beam without.
This is by an iron rod of a ſufficient diameter, turned and otherwiſe worked ſo as to be perfectly ſmooth and parallel from one end to the other, and of a length ſufficient to allow the full ſtroke of the piſton within; and I think it neceſſary to remark, that if in this rod there ſhould be the ſmalleſt rag or flaw, it is totally unfit for its purpoſe; for reaſons that will appear hereafter. And I am certain, from my own knowledge, that Mr. Watt in his firſt outſet on this buſineſs, found more difficulty in procuring theſe rods in all reſpects perfect, than he would have done in conſtructing all the parts of Newcomen’s Engine: although this article, like the reſt, is not mentioned in his Specification.
Fifthly; I ſhall proceed to explain to your Lordſhip a circumſtance in this part of the Engine, in my opinion, as material and of equal conſequerice with the preceding, or any other article in the Machine. This is the method of rendering the aperture through which the piſton rod paſſes, conſtantly air and ſteam tight; notwithſtanding the ſaid rod in many Engines ſlides through this aperture no leſs than three hundred and twenty feet per minute during the time they work.
This junction or aperture is a very ingenious contrivance, and called a ſtuffing box. It is a part formed in the center of the cap or top of the cylinder, and is a kind of cylindrical box, of about ſix or eight inches deep, made of iron. The upper part of this box is conſiderably wider than the diameter of the piſton rod above mentioned; and the bottom or lower part next the inſide of the cylinder is made exactly to fit the ſaid rod. From this part, for a ſmall diſtance upwards, the box is turned in a conical form, ſo as to make a chamber exactly in the ſhape of a ſnuf-mull; at the top of this conical part is turned a rebate or ſeat, into which is fitted a braſs or iron ring, the extreme circle of which exactly fits the cylindrical part above the conical part deſcribed. This conical chamber is then filled with hemp or junk, ſo as to ſurround the piſton rod on all ſides; and being ſecured down by the braſs or iron ring above mentioned, cauſes the rod to ſlide ſteam and air tight. But the quantity of rub which is conſtantly on this part, and the nice perfection required, ſoon diſcovered the want of ſome farther help; and ſomething ſimilar to the means juſt treated on for keeping the piſton tight, ſuggeſted itſelf at an early period of Mr. Watt’s experiments; which is effected as follows:
In the cylindrical part of the box is turned another rebate, about an inch more or leſs above the ring which ſecures the lower packing; and into this rebate is alſo fitted a ring as before, which cauſes a ſpace between it and the lower ring. Then above the upper ring is turned another cylindrical part like the former; having of neceſſity a greater diameter. This conical chamber is likewiſe packed with hemp, junk, &c. and this packing alſo faſtened down by means of a ring, rather more in a plug form, and ſo contrived as to admit of being ſcrewed down at pleaſure for the purpoſe of compreſſing the packing as worn away by the friction of the rod. The ſtuffing box completed, a ſmall tube is inſerted by one of its ends at the ſide of the ſaid box, ſo as to communicate with the open ſpace comprehended between the rings. The contrary end of this tube is joined to the ſteam pipe or boiler, where the Steam is always active; and by this means a conſtant ſupply of Steam is thrown into the ſpace aforeſaid, which Steam preſerves the rod air tight: being kept as ſtrong or ſtronger than the preſſure of the outward air. Thus the ſteam here does the office of water, &c. on the piſton of the Engine, when the packing becomes rather inſufficient.
I think, my Lord, I need not ſay more on this point, to prove the neceſſity of a full and clear Specification; and the practicability of giving one had there been a willing mind.
Sixthly, I obſerve the lower end of the Steam cylinder to be alſo cloſed; and that the Steam has alternate communication with the cylinder above and below the piſton, juſt a contrary to that of Newcomen.
To detail the true nature of all this, would be tireſome to your Lordſhip; and as Mr. Watt has not done it, I ſhall decline doing it for him: though certainly well able.
Seventhly, I come to what is called condenſers.
On this part of the ſubject I am almoſt puzzled what to ſay. From the Specification I can ſay nothing; from the Engines, I learn they have been made in all forms, and that by changing about, and mixing the knowledge of every perſon in his way for twenty years at leaſt, Mr. Watt has been taught what is the real fact, and what they confeſſed to be ſo on the late trial, namely, that no Condenſers are neceſſary. But that which Newcomen calls the eduction pipe, and in which the condenſation is performed by a jet of cold water, anſwers the ſame purpoſe equally well.
Then it appears, my Lord, that twenty years exerciſe of the ſuperior abilities of Mr. Watt, with the help of all he could gain from the knowledge and practice of other men; and the aſſiſtance he received through the ſpace of ſix years more from profeſſor Robinſon, Dr. Roebuck, Mr. Cummings, and no doubt many others, eminent in the theory and practice of the arts, was only to prove what I ſaid, before they acknowledged it, that all condenſers do more harm than good; and that when men of better judgement have conſtructed Engines totally without condenſers, as good or better than their own, they have juſt candour enough to admit the fact, and pride and avarice enough to claim them as their invention.
This, my Lord, I aſſert with boldneſs, as the whole of it was proved to you both by the Plaintiffs’ evidence and their Counſel. And thus your Lordſhip muſt ſee how the wiſe ſhall be enſnared by their own craftineſs; the ſtrong things confounded by the weak; and the things which ſeem the greateſt brought to nought by thoſe which ſeem not to be.
Thus far your Lordſhip has been conducted by the Plaintiffs’ dying declaration and confeſſion, confirmed by the above practical elucidation. I will now ſtate, as briefly as poſſible, the ideas which have been eſtabliſhed by my practice, reſpecting theſe myſterious condenſers.
I have built Engines ſtrictly on Newcomen’s plan, without any part that can be called by other name than the eduction pipe (except we give it a new name). By throwing into this pipe, inſtead of the body of the cylinder, a jet of cold water, the ſteam is as perfectly condenſed as it can be; and the help of a pump joined to this eduction pipe, and a proper valve to open and ſhut alternately between the pump and the cylinder, draws out the condenſed water, and that thrown in by the injection; and alſo the uncondenſible or permanent gas that would impede the working of the Engine. Thus Newcomen’s Engines can be made to act in all reſpects equal, or nearly equal to thoſe made by the Plaintiffs; and from their infinite ſuperiority, in point of ſimplicity and expence, I deem them, in general, more eſtimable.
In order fully to aſcertain the utility or inutility of Condenſers, I have built an Engine for the uſe of my own manufactory, in which I determined to try a condenſer without an Air-Pump; and force out the condenſed water, and uncondenſed vapour, or air, by the influx of the ſteam, as in Newcomen’s. But in this I utterly failed, and with all the ſtratagems my abilities could ſuggeſt, and ſpending money for two months, I could not make the Engine work five minutes together without ſtopping of her own accord. And I conclude that this method is impracticable; and that no Engine can be built with a condenſer and without an air-pump, any thing like ſo good as Newcomen’s. And will likewiſe affirm, my Lord, and ſtate it as an immutable poſition, that by taking away this pump which extracts the condenſed water, and uncondenſed vapour, from the beſt Engine ever built by Meſſ. Bolton and Watt, the motion could not be continued one minute with a force ſufficient to carry her vis inertiæ, although the reſiſtance of the work ſhould be detached at the inſtant the action of the pump was ſuſpended.
And further, that all the ingenuity of the inventor himſelf, aſſiſted by thoſe able allies he had at his outſetting, could not by any device they were, or are maſters of, make this Engine work under theſe circumſtances, by diſcharging the water and vapour out of the condenſer by the eduction pipe Newcomen adopted. For in the Engine of Newcomen, when the ſteam re-enters the cylinder under the piſton ſo as to balance the outer or circumambient air, the water is diſcharged through the eduction pipe by its own gravity: bur the air or uncondenſed vapour would unavoidably remain, was it not for another cauſe, (which I ſhall hereafter prove cannot be applied in a condenſer) namely, the application of a valve called the Snift, through which this uncondenſed vapour is alternately forced, or blown out every ſtroke the Engine makes. For when the ſteam regulator opens, the piſton is at the bottom of the cylinder, and conſequently muſt by the firſt down ſtroke have pumped or forced out all the air, &c. that might have been previouſly mixed with the ſteam; the Engine will therefore rid herſelf partially of this vapour every ſtroke, if the quantity be abundant; and would finally and completely do it could the piſton be made, when it reaches the bottom of the cylinder, to fill every cavernous part. But as this cannot be, from the eduction pipe being only capable of diſcharging the water and not the air, &c. which is always uppermoſt, any vapour which remains in this part muſt be blown either through the ſnifting or the eduction valve; and is frequently diſcharged through both when the regulator opens.
Here, my Lord, I will advance ſundry reaſons why the veſſels Mr. Watt uſes, and calls Condenſers, cannot be cleanſed of water and uncondenſed vapour by the means above-mentioned; and ſhew that water only can (as in the foregoing inſtance) be diſcharged by a gravitating force. This will defeat a falſe poſition your Lordſhip heard advanced by one of the evidence called by the Defendants; I mean Mr. Gitty, who, if I heard right, on being aſked if he could contrive to rid the condenſer of this water and vapour as in Newcomen, anſwered, he thought he could, by continuing the eduction pipe as low or lower than until its leg filled with water, would overbalance the greateſt preſſure of the atmoſphere. This poſition I admit as far as relates to water, bur as to diſcharging any matter which becomes volatile in water, I think I may venture to ſay, without traducing the merits of that reſpectable evidence, is out of his power, or that of Mr. Watt, or any perſon ever created, ſimply on the principle of Newcomen. This I will endeavour to make appear to your Lordſhip.
In theſe Condenſers, is always intended to be maintained a conſtant vacuum, while the Engines work; and as much as they fail in this, the Engines are incomplete. This is a ground work which I underſtand is laid down by Mr. Watt, who admits this perfection to be neceſſary to the operation of the machine. Suppoſe then the vacuum, in this caſe, to repreſent that which is conſtantly preſerved above the mercury in the leg or tube of the barometer; will not this tube be exactly the leg or eduction pipe propoſed by Mr. Gitty, with this difference only, that in one is uſed water to balance and exclude the outer air, and in the other mercury? Conſider the vacuum of the condenſer to be uniformly maintained, will there be any other cauſe to move the water in the eduction pipe, but that which gives motion to the mercury in the barometer? I anſwer no; if the water in this pipe is either elevated or depreſſed, it muſt be by the varied efforts of the outward air to enter the vacuum above. Thus none of this water can poſſibly be diſcharged below a balance to the atmoſphere, was the pipe continued down a thouſand, or any greater number of feet. Having prepared your Lorſhip for the proof I will produce it.
It will be neceſſary to keep in remembrance, the eduction pipe of Mr. Watt’s Engine, which is placed above this condenſer, communicates and forms a junction with this vacuum, and into which falls all the condenſed water and uncondenſed vapour, every ſtroke the Engine makes. Now ſuppoſe that water enters firſt, or that both theſe fluids enter the vacuum at the ſame time, which is the caſe in theſe Engines, what will be the iſſue? Certainly as follows, for the foundation of nature mutt be reverſed before it can be otherwiſe. Whatever is the quantity of water, it will by its own gravity preſſing on that water already in the pipe, deſtroy the equilibrium before maintained there with the outer air; and to reſtore it, jut as much water will be diſcharged through the valve at the bottom of the eduction pipe, as is equal in gravity, even to a ſingle drop of the quantity which has as above entered the vacuum or condenſer. But can the air or uncondenſed vapour be carried off through this eduction pipe by its own gravity? Common ſenſe anſwers in the negative; Dame Nature confirms it; and the ſwelling vapour ſhews a determination to be uppermoſt, in ſpite of James Watt, or Mr. Gitty; and will, before compelled to leave its habitation, drive into the open air every drop of water which ſerved to confine it. This, my Lord, I am perſuaded will be quite ſufficient to ſhew the impoſſibility of cleanſing the condenſer or vacuum in this way. For the air or vapour muſt here expand itſelf with a force more than equal to the atmoſpheric preſſure, before one breath can be diſcharged. And the re-action of this expanſive power, meeting the piſton of the Engine in its deſcent, and preſſing on the ſide contrary to that where the power of ſteam is acting, would immediately reſtore the balance and ſtop the machine; even was the friction of the whole annihilated.
I have only two more hints to trouble your Lordſhip with on this part of the ſubject, before I proceed to the Air-pump; the original inventor and applier of which to ſteam engines, was Mr. Wood of Shropſhire, who obtained the King’s Patent for it in the year 1759, and in the Specification annexed to ſaid Patent, uſes theſe words:—“The condenſed air muſt be pumped out by a pump to be worked by the motion of the Engine or any other way.” But to return,—the two points I propoſe to bring for your Lordſhip’s obſervation are,
Firſt; To admit the ſteam into the condenſer for the purpoſe deſcribed by Newcomen, would defeat the intended improvement, and even the action of the machine in toto. As before the condenſer could be heated to a degree ſufficient to allow the ſteam to expand, ſo as to force out the water and air, it muſt be ſo violent as to become in its nature a part of the boiler itſelf; and after all, would prove inadequate, even though it was placed over the mouth of an Etna or a Veſuvius. The jet of cold water Mr. Watt has contrived to ſmuggle into this curious condenſer (contrary to what he intended when he took his patent) muſt be always equal with the help of his ſurrounding jacket (which may be of water or any thing elſe) to condenſe or deſtroy the ſteam’s force even in its way to the condenſer.
Secondly. There is, as your Lordſhip has been abundantly informed, a valve placed in the paſſage allotted to conduct the ſteam, water, &c. from the cylinder to the condenſer, which alternately opens and ſhuts this communication. I have to remark, that when the ſteam regulator, as in Newcomen’s Engine, opens to the cylinder, and at the ſame time cauſes the firſt jet of ſteam to diſcharge the water and air as above deſcribed, this valve, in Mr. Watt’s Engine, is then open to the condenſer; and was there nothing elſe, the ſteam would, as well as act on the piſton, fly to the condenſer, and being there deſtroyed at that end, if I may ſo fay, would not move the piſton at all. It was therefore neceſſary for Mr. Watt to introduce another valve, which he has done. But certain reaſons, beſt known to himſelf, which the writer of this will not pretend to ſuggeſt, induced him to omit giving your Lordſhip and the Court an account of it, tho’, as I have already noted, on the other valve his Counſel were very profuſe.
This cunning valve, my, Lord, is like the injection water, ſmuggled into another part of the Engine; and ſerves, as in the preceding caſe, to open and shut a communication. It happens however not to be the communication between the cylinder and the condenſer; but what is of much greater conſequence, it opens and ſhuts the paſſage between the boiler and the condenſer. I have materially to remark to your Lordſhip reſpecting this valve, that it muſt be, and is always ſhut during the time the ſteam regulator is open. How then is it poſſible, my Lord, that this condenſer can be cleanſed as in Newcomen’s, provided even the former objections did not exiſt? Thus having aimed at as much perſpicuity as poffible, I hope, and am even confident, your Lordſhip, altho’ no Engineer, will perfectly underſtand what I have advanced; and be convinced of the neceſſity, and practicability of giving a full, and explicit deſcription of this point alſo. I ſhall now proceed, as propoſed, with ſome detail on the nature, proportion, ſituation, and office of Mr. Wood’s very ingenious and valuable application of a pump or pumps for the extraction of the water and uncondenſed vapour; which would otherwiſe much impede the working of the Engine, as Mr. Watt, for a wonder, has had the candour to declare in his Specification.
I will here intreat your Lordſhip’s patience while I make a ſolemn proteſtation. I declare, and I challenge every ſcientific man to diſprove it, that all the improvements which have yet fallen within my obſervation on Steam Engines, do wholly depend on the application of Mr. Wood’s invention, viz. a pump; or I will at leaſt ſay in a proportion of fifty to one compared with the other additions made by Mr. Watt, with all his retinue of Doctors, Profeſſors, Philoſophers, Mathematicians and Mechanics.
Now for this Pump, the ingenious invention of Mr. Wood. I repeat this name, as your Lordſhip, having heard leſs about this pump on the preſent than on former occaſions, might be at a loſs to judge the cauſe of this declenſion, and on this account I ſhall be more plain on the ſubject. Much pains were taken on this Trial to convince the Court, that proportion, lateral and altitudal ſituation, did not at all, or not eſſentially ſignify; I will therefore confine what I have to ſay more directly to theſe points; with a ſmall digreſſion only to conſider, as in the caſe of Mr. Gitty, ſome remarks, from the eminent and ingenious Mr. Cummings, reſpecting this important article.
My experience, my Lord, obliges me to allow, that when a pump is introduced, or added to one of Newcomen’s Engines where there is no condenſer, a trifling latitude in the ſize, over and above the real maximum, is of little moment, and may be exerciſed without much detriment to the Engine; but I find the cloſer we adhere to the ſmalleſt that is ſufficient, the leſs the power of the Engine is impeded by giving it motion.
As the actual proportion the pump ought to bear to the cylinder, muſt be the reſult of duly conſidering the Engine both in a perfect and leſs perfect air-tight ſtate, I will leave every Engineer to ſtudy for himſelf as Mr. Watt has done; and haſten to give my reaſons why pumps conſtructed without regard to proportion, &c. as above-mentioned, will not anſwer in Engines made with condenſers.
Suppoſe, my Lord, I conſtructed an Engine on the plan of Mr. Watt, with a ſteam cylinder exactly equal to one of Newcomen, to which I have annexed a pump of proper ſize; I ſhould be very naturally led to make this ſecond one from the ſame patterns; experience having ſhewn me the propriety of its dimenſions, and to ſave alſo the expence of new patterns, tools, &c. This done, I come to determine the ſize of my condenſer. If I am at a loſs in this, I go to Mr. Watt’s Specification; there I find not a word to help me. I then poſt off, perhaps from Mancheſter to Cornwall, to ſee a condenſer; when I come there, I traverſe the whole county in the character of a ſpy, and none will even permit me to enter their works, (and ſhould I intrude without a licence, I ſhould ſoon get myſelf expelled) much leſs ſtop the Engine, and diſorganize the whole, to give me the knowledge I am ſeeking. My own reaſon, by this time more awake, makes this inference: That provided I did ſucceed in meeting with a perſon friendly enough to ſuffer my ſcrutiny, I muſt, of courſe, pay the loſs accruing from ſuch an enterpriſe;—and for an idea of this, I will refer your Lordſhip to the obſervations already made on ſtopping Engines. Juſt as wiſe, therefore, as when I ſtarted, I poſt back to Mancheſter, reſolved to make a Condenſer of ſome fort. I begin by reflecting, not on the thing, for I know not what it is, but on its reputation; and if I chanced to recollect the high encomiums it received in the Courts of Weſtminſter and London, I ſhould be led to conclude, that was my Engine all condenſer, I could not fail of being on the right ſide the queſtion. Thus I determine my condenſer ſhall be (what I have ſeen ſome made by Mr. Watt at the Soho, Birmingham) as large, or conſiderably larger than the ſteam cylinder of the Engine for which it is intended. This would be at leaſt twelve or twenty times the dimenſions of my Pump,—but ſay twelve times for the ſake of data; and ſuppoſe the Engine completed and ready for action. The conſequence of this I will endeavour to make plain to your Lordſhip. When the Engine has been emptied of her air, and alſo the condenſer, by what, Mr. Watt’s Engineers call blowing through; the ſteam valve is opened, and the piſton makes a ſtroke; then the diſcharge is made from the cylinder to the condenſer by opening another valve. Now let it be ſuppoſed, that the uncondenſible air or vapour, which then fills the condenſer, and is to be drawn out by a pump, is equal in expanſive force to one twelfth part (and it is ſeldom leſs) of the ſteam’s preſſure on the piſton. The air pump, which I have already ſaid is only one twelfth part of the contents of this condenſer, makes one ſtroke alſo; but by this the expanſive force of the vapour can only be reduced one twelfth part; for it muſt take twelve ſtrokes of this pump to reduce the vapour in the condenſer to its leaſt denſity; and conſequently there will remain a reſiſtance to the ſecond ſtroke equal to 1112 of the force of the vapour mentioned; and to the next ſtroke 2212 and every continued ſtroke in this proportion; ſo that in about thirteen ſtrokes, this air and vapour would inevitably become as ſtrong in the condenſer as the ſteam; and by thus reſtoring the equilibrium, of neceſſity ſtop the Engine,—although ſhe had nothing but her own materials to carry, and thoſe void of friction.
Here your Lordſhip muſt ſee, that from the confidence I had been induced to place in the abilities of Mr. Watt, from what I ſaw at Birmingham, and heard in the Courts above-mentioned, I have adopted, in this ſuppoſed Engine conſtructed on his plan, juſt the reverſe of what I ought to have done; and what my own judgment had ſuggeſted, and practice juſtified in all my former Engines on the plan of Newcomen. And your Lordſhip will aſſuredly be convinced, that inſtead of making my condenſer twelve times the ſize of the pump, I ſhould have made it, as I now and ever ſhall do in my own Engines, trifling, or nothing at all larger; and by doing this, all impediments ariſing from condenſers muſt ever be prevented.
Your Lordſhip alſo muſt be impreſſed with an idea of the very diſagreeable dilemma, into which even a man of the ſoundeſt judgment may be drawn by theſe blind guides; and of the ruinous conſequences which may enſue to thouſands, if theſe practices ſhould be ſanctioned by the final eſtabliſhment of ſuch a precedent. Here my new and famous Engine, from which ſo much has been expected, will not move. The expence ſhe coſt is enormous—my employers are out of patience their works are detained—their loſs is great: more than they can eſtimate—they call on me to pay the piper, and allow me nothing for what I have done. Thus am I kicked out of their premiſes, with epithets ſimilar to thoſe I ſo frequently heard on an occaſion I have before mentioned: viz. fool, blockhead, ſhoemaker, water-cloſet maker, &c. Thus, I ſay again, my Lord, I am kicked out of their premiſes loaded with all this; and what is ſtill worſe, the loſs of all that former reputation I might perhaps have very juſtly merited from my undertakings. Was this my real, inſtead of imaginary ſituation, I am confident none would be more ready, or more able to give me every aſſiſtance under the misfortune than your Lordſhip.
What I have above related cannot be denied or diſproved; yet, your Lordſhip’s underſtanding, and that of many eminent and practical Engineers have been again and again inſulted, by being told that no proportion either in the pump or condenſer is abſolutely neceſſary; when the very perſons who venture to make this aſſertion muſt be conſcious, that the diſproportion I have ſtated was the very rock on which they always ſplit, and which occaſioned a conſtant and fatal failure in all their firſt attempts. Many years ſubſequent to the commencement of this buſineſs, every Engine they erected was more or leſs defective from this very blunder; and I have myſelf ſeen the beſt Engines made by them, until within theſe ſeven years, obliged to ſtop every twenty or thirty minutes to blow out this accumulated air, &c. as from its reſiſtance to the piſton the Engine could not drive her load any father: nay, I am not only convinced this was the caſe, but I am equally certain it was this defect which cauſed Mr. Watt to abandon the whole buſineſs of Engine-building for many years after he took the patent in queſtion. Ought he not then, as far as he was able, and could he not I ſay again, my Lord, have guarded others from this rock on which he ſo fatally ſplit, by enrolling the beſt Specification ſix years’ practice enabled him to do? I think, indeed, it muſt be obvious to every one, as it has ever been to me, that after theſe ſix years’ heavy labour, he had really invented nothing but what would do more miſchief than good to the publick. And it has ever been my opinion, as I have before ſtated, and the nature of his Specification will bear me our, that Mr. Watt took his patent not for what he had invented, but for what he might invent in future. Thus ſays he, “I will lay an indeterminate foundation, which will enable me to lock up the brains and hands of every other inventive genius; and if any have the hardihood to ſtir in the great field of improvement, to make any ſaving in the expence of fuel (or he might have ſaid in preparing food for theſe mechanical animals) by any means whatever, I will have at them with the hammer of the Law, daſh them to pieces like a potter’s veſſel, claiming under the word condenſer all improvements, let them be what they may. Provided I can prove that a real ſaving is made, it matters not whether the improvement is in the boiler, the fire-place or the flues—by condenſation wholly or in part—by blowing the ſteam in ſome caſes into the open air—by condenſers be they big or little, round or ſquare, ſometimes wholly diſtinct from, and ſometimes joined to, the ſteam veſſel—by ſurrounding the cylinder to keep it hot with any thing or every thing—by applying ſteam the ſame as air in common Engines, with the top of the cylinder open, and ſometimes by ſhutting both its ends—by mounting wheels on axletrees, in form of hollow rings, with a number of valves fixed and cams of metal moving between theſe rings—or by the ſteam being admitted by proper inlets and outlets—and laſtly, ſays he, this ſhall cloſe the ſecrets of my interchangeable lock; I will immerſe one of the principle articles (ſheep’s fat) in ſuch a medley of oils, reſinous bodies, quickſilver, melted metals, &c. that even the abilities of the moſt experienced decypherer ſhall be inadequate to diſcover it.”
The true fact is, my Lord, that after Mr. Watt had obtained the patent now in diſpute, he attempted to build Steam Engines on this new plan which he had completed under all the difficulties above-mentioned; but did not ſucceed in his repeated undertakings well enough to warrant him in ſaying, he had made one Engine ſo good as the worſt of Newcomen; and in his undertaking of moſt magnitude he finally failed. This bad ſucceſs cauſed him, according to a ſtatement in a new Encyclopædia, inſerted by his conſent, to decline for many years the ſubject of Steam Engines, until nearly the period when the application was made to Parliament for a prolongation of the ſaid patent. About this period, an union commenced between Mr. Watt and the famous Mr. Boulton, of Birmingham, who had likewiſe, I have been informed, tried many ſchemes for the improvement of Steam Engines. Thus, my Lord, by compounding their knowledge, and their purſes, with all they could borrow (Mr. Wood’s pump, the main thing) they patched up what they now call their firſt Engines. Theſe Engines, it is well known, were for years much inferior in point of principle to thoſe of Newcomen; but owing to ſuperior methods of rendering the workmanſhip more perfect than in the latter, they obtained, at length, a trifling preference: but I cannot here omit obſerving, in juſtice to the great talents of Mr. John Wilkinſon, of Shropſhire, that with him, and him only, originated theſe advantages.
Now, my Lord, I think it will appear from the matter of this digreſſion, that inſtead of applying to Parliament to lengthen the term of this ſtrange patent, they ſhould have gone to the King for another patent for an improvement, inſtead of an invention; and then have ſhewn the public in a Specification, in a full and unreſerved manner, what was their real invention, and on what parts they reſted their claim; as they have done in their ſubſequent patents. This was their duty; the law requires it; and the public will take no other payment.
I compare the firſt Specification to a blank paper, or one with bee baws and pot hooks only, of no uſe, as they cannot be underſtood, and indorſed by Mr. Watt. But his ſubſequent Specifications I compare to a well-worded note of hand, wrote on licenſed paper, which are ſterling with ſome on the faith of the indorſer; but I confeſs, my Lord, ſuch a ſanction will never have weight enough with me, to induce me to accept them as King’s money, while I am able to diſcern the ingenuity of Mr. Wood, Mr. Newcomen, and the right of other ingenious men, thus curiouſly blended in the compoſition of this miſcellaneous currency.
An attention to this I think, my Lord, will farther confirm what I have ſaid above, and what they acknowledge, that they have been all theſe years, with all theſe helps, learning that all condenſers more than an eduction pipe are futile; and that nothing but Mr. Wood’s pump is neceſſary to make a good Engine.
I have now only to trouble your Lordſhip with a few remarks relative to the local ſituation of theſe pumps, which you were alſo informed were of little conſequence, provided they were there. This is ſo far contrary to the true ſtate of the caſe, that was the bottom of this pump fixed a few inches above the bottom of the condenſer, it would produce a defect in the Engine’s work proportionate to every inch; and ſhould it be a few feet, inſtead of inches, the Engine would not work with any effect. Again, provided the piſton of this pump falls ſhort of reaching, as near as may be, the top and bottom of the cylinder, it produces a like proportionate defect. Yet your Lordſhip was told by Mr. Cummings, that in order to counteract the extraneous ſize of the pump, when it happened to require it, the ſtroke of the piſton could eaſily be altered in its length by any experienced workman, ſo as to adjuſt any ordinary want of proportion between the ſaid pump and the condenſer; and he that could not do it muſt be a blockhead. I think your Lordſhip will perceive, that by doing this, the piſton muſt fall ſhort of reaching one end of the pump cylinder at any rate; and if otherwiſe muſt fall ſhort of both, and thus occaſion a defect in the power of the Engine. So much for the invention of Mr. Cummings.
There is one point more, to which I would intreat your Lordſhip’s attention; it being a matter of great import in the fabrication of Engines on this plan. This is what is called a ſtop-back valve in Hydraulics; and is one that opens by the current of any fluid in one direction, and ſhuts by its own gravity to prevent a return the ſame way; for the ſame office as thove in the blood-veſſels of animals. A valve of this deſcription is placed in the communication between the condenſer and the air-pump, in order to admit the condenſed water and air into the bottom of the pump-cylinder from the condenſer; and to prevent its return thither, when the piſton of the pump returns to make a dip. This valve is placed in a hanging or vertical poſition, ſimilar to an eſcutcheon over a key hole; and ſuch nicety is requiſite, that was it placed in any other poſition, ſo as to preſs on the part againſt which it ſhuts, with only a moderate degree of force, it would very materially hinder and deſtroy the power of the Engine. Suppoſe it to preſs only one pound on every inch ſquare, comprehended on its ſurface, the Engine would be thereby deprived of, at leaſt, one twelfth part of her whole power; and ſo on, to any greater preſſure up to twelve pounds on the inch; by which it would be entirely counteracted. This, my Lord, is alſo an incontrovertible fact, that no perſon can ſee this valve in any Engine, without entirely diſorganizing it; as it is fixed down in a ciſtern filled with water, in many inſtances, ſeven or eight feet deep; and cannot, therefore, be diſcovered without this difficulty.
I humbly hope your Lordſhip will pardon ſo long and minute a detail on theſe parts; which were repreſented ſo extremely eaſy to hit upon, that an Engineer who ſhould miſs his way muſt be a blockhead, and unacquainted with his buſineſs. I was ſorry to obſerve many in the Court laugh very loudly at theſe expreſſions; for ſuch conduct, beſides being a diſgrace to them, was an unpardonable inſult to every man of real diſcernment preſent. This, my Lord, is a truth recorded in the minds of many good men who attended the Court on that day; and who, if not poſſeſſed of ſo much ſagacity and perſuaſive eloquence as the juſtly celebrated Serjeant, who ſo curiouſly pitched his mouth of all works in uſing theſe expreſſions, may, perhaps the leaſt of them, be as uſeful in their day, and to their generation as himſelf.
I have now briefly run over the neceſſary deſcription of a few of the moſt prominent features of this intricate Machine. But although I ſay briefly, I expect your Lordſhip may think me profuſe. However this may be, I do here teſtify, as a man neither defective in theory or practice, that all I have ſaid by way of deſcription, does not amount to the fiftieth part of what would be highly neceſſary, in giving ſuch a definition as would enable even the moſt experienced mechanic to complete one of theſe Engines as perfect as they are now made by Mr. Watt. At the ſame time, I can take my pen and make a ſketch in twenty minutes of this machine, in its organized ſtate, that will convey to your Lordſhip, with the help of my explanation, in ten minutes more of the true knowledge and nature of it, than all I can write if it amounted, as I ſaid before, to fifty times what I have done.
Does it not then appear, my Lord, how much it was the duty of Mr. Watt to adopt a figurative mode of explanation in this caſe; and which is the mode of every perſon under ſimilar circumſtances, who diſcharges the duty he owes to the public, and which the law requires of him? For my own part, I think it is to be lamented that any Specification ſhould be admitted as ſufficient, without figures or drawings, where they can be given, and are ſo eſſentially neceſſary as in the preſent and like inſtances. Had the immortal architect who directed the building of that ſtupendous Cathedral, St. Paul’s, confined all his inſtructions to a literal detail, I am confident the whole edifice itſelf would not have contained the paper he muſt have covered on that occaſion; and after all, I have much doubt whether he would have finally ſucceeded in the fulfilment of his deſign: while it would be but the taſk of a ſchool-boy to direct another edifice equal in magnitude and grandeur, was the figurative method adhered to, which he adoped and I recommend. And I think it is very evident we can, with much more eaſe, impreſs images on the minds of one another by a compound communication through the eyes and ears, than it is poſſible to do by one only: and eſpecially ſhould we adopt the leaſt perfect, which is the verbal or literal. The other being in many inſtances nearly ſufficient, alone, to complete the information.
It was urged, my Lord, on the above Trial, with much promptitude on the Plaintiffs’ ſide, that the terms they offered the public were founded on more liberal principles than any that had ever before been propoſed. This was, that they (Meſſrs. Bolton and Watt) ſhould always be paid, annually, only one third ſhare of the nett ſaving produced by each Engine they ſhould erect; and that provided here appeared no ſaving at all, they received no emolument. The matter thus ſtated and uninveſtigated, has, I confeſs, at firſt ſight, an appearance of the pretended fairneſs; but as there is a wheel within a wheel in this buſineſs, which I am perſuaded did not ſtrike your Lordſhip, though the ears of all in Court were even ſhook by the ſtreſs the eminent advocate laid on this part of his very well-ſhaped argument; I will take the liberty to make a ſhort comment on the ſubject.
A ſtatement of the plain truth will diſcover this inner wheel, and how it always turns with the outer, or viſible one; then by comparing the profits of this patent with thoſe granted to others, the, fallacy and bombaſt of this part of the ſubject will, like the reſt, very obviouſly appear.
It has ever been an idea prevalent with me, that the views of every patentee who has invented an article of ſale (and I myſelf am the inventor and ſole proprietor of at leaſt ten ſuch patents) muſt be, that he ſhall derive his emolument from the ſale only of ſuch article. And farther, if he is a good man, he expects this gain from the quantity occaſioned by his monopoly ſold at a reaſonable rate, and not from an exorbitant profit on each.
Had the Plaintiffs acted conformable to this rule in bringing to market what they actually took a patent for (viz. a method of ſaving fuel rather than an Engine) they would have ſtood on the ground of other men; and would have been highly juſtifiable in fixing one third of the ſaving as their ſelling price. But behold, my Lord, the ſtrange reverſe! They boldly ſay (as I can prove in their own writing they have ſaid) we will not fix a price on or ſell our method, for which we have a patent, but we will, and muſt, make the Engine you want; and you muſt, in addition to our profit on the Engine, pay us, annually, one third part of the ſaving made thereby, as a price for the uſe of the principle. Your Lordſhip cannot but obſerve the extreme fairneſs and liberality of this propoſition! They firſt refuſe to ſell their method, which, in fact, they have no right to ſell—They will proſecute any, who, conceiving they underſtand it, attempt to uſe it without their licence. Then what is the conſequence? Why the public are compelled to purchaſe the Engine they call theirs, at any price they chuſe to fix, (which is in general very exorbitant) and after all, pay them annually the enormous ſurplus of one third of the ſaving made; although in many, if not in all inſtances, this ſaving is greatly enhanced by the œconomy reſulting from more knowledge, and longer experience, in every department of the Engine concern: with which they can have nothing to do. Here, my Lord, you ſee clearly that while other men, having patents, ſit down contented with the mere profits ariſing from much more moderate charges from the article only, Meſſrs. Bolton and Watt have the extreme liberality to exact annually, in addition to this, what is, in many inſtances, more than fifty times the regular profit of building an Engine!! Thus they have realiſed, perhaps, the greateſt fortune ever made by patents, over and above what would have accrued to any other individual, not artful enough to ſtrike out ſo cunning and well deviſed a plan.—For your Lordſhip muſt obſerve this third of ſaving includes every thing, and excludes nothing. Should an ingenious Engine-keeper, or owner of an Engine, as is often the caſe, have judgment enough to improve his fire-place, or his boiler, or, in ſhort, make any other improvement, by even wetting his coals, or any other means by which a ſaving is made; he, and all ſuch, are always inventing and working for Mr. Watt, in a ratio of one third: for he is liberal enough to aſcribe this alſo to his Engine, and ſack the profit.
If theſe meaſures are juſtifiable, I have much to lament that I did not at my outſetting with patents adopt the plan; as I think, had I done ſo, I ſhould have, by this time, been able to purchaſe all England; and have paid for it, in part, with a handſome ſum of your Lordſhip’s money.—For if I had received as much for clearing each dwelling-houſe of a deadly ſmell, above the payment of my account, as Mr. Watt has had for building an Engine, (and it is ſurely worth as much); having done it in about ſix thouſand inſtances, it would amount to ſomething material, and added to one third of the ſaving, occaſioned directly and indirectly by the application of my Patent Locks, and Extinguiſhing Engines, I believe it will be readily allowed, would have produced an enormous ſum.
After theſe obſervations, your Lordſhip and the Publick may perhaps be ſurpriſed, that a claim, ſuch as that made by Mr. Watt, ſhould have been ſubmitted to for twenty-three years—Perhaps, however, the time is approaching in which the courts of law may more accurately examine into the title on which this claim is founded; and convince the world that it is totally inſufficient.
Having given your Lordſhip my ſentiments on the imperfections of this Specification, I will beg leave to cite the opinions, as far as my recollection will enable me, of three of the firſt perſonages that ever graced a judgment ſeat in this country, reſpecting this ſubject.
I remember attending in the King’s Bench Court, before Lord Mansfield, a very long trial, Meſſrs. Adams, Architects, againſt Johnſon, for infringement on their patent, for compoſition or ſtucco for covering the fronts of houſes, &c. I was in Court, my Lord, during the whole of this trial, which laſted fourteen or fifteen hours; and I then heard Earl Mansfield ſay, that the law relative to patents required, as a price the individual ſhould pay the people for his monopoly, that he ſhould enrol to the very beſt of his knowledge and judgment, the fulleſt and moſt ſufficient deſcription of all the particulars on which the effect depended, that he was at the time able to do. And it was farther remarked by the defendant’s advocate, and to which his Lordſhip aſſented, that even more was required in ſome inſtances; for as the patent was ſecured to the patentee four months before he was obliged to enrol his ſpecification, this allowance was purely for the purpoſe of giving the inventor the full opportunity of making experiments for his information; and alſo, that he might have an opportunity of calling in to his aſſiſtance the knowledge of others, on points where either his learning or his practice fell ſhort, in enabling him to complete his ſpecification in a ſtyle and manner the moſt explanatory and comprehenſive poſſible. And he farther agreed, as near as I can recollect, that no omiſſion or defect in this inſtrument could admit of an apology, while it was in the power of the patentee to have avoided it by the means abovementioned; no more than it would be ſufficient for the author of an ungrammatical publication to attribute it to a want of ſcholarſhip, while ſurrounded with ſcholaſtic abilities in want of ſuch a job. My Lord Mansfield agreed, that this was what he underſtood to be the doctrine of patents; and cited an inſtance where there was in the ſpecification ſuch an omiſſion, as muſt have been fatal to the patent, had it ever been contended in a Court of Law.
This inſtance, my Lord, was the patent granted to Dr. James for Fever Powders, in the ſpecification of which he has mentioned the articles only of which theſe Powders are compoſed, and omitted the proportion or quantity. This being the caſe, continued his Lordſhip, Dr. James never durſt bring any action for infringement; and it was certainly wiſe in him not to do ſo, as no patent could ſtand on ſuch a ſpecification. For, ſaid his Lordſhip, I think more depends in the compoſition of a medicine, on the proportion of the drugs, than on their quality; as we find it a fact too notorious, that what even preſerves life, taken in too great quantity, will in ſome caſes inſtantly deſtroy it. Mercury for inſtance, though uſed with a more general good effect, perhaps, than any other article in the materia medica, would produce the moſt baleful conſequences, applied without regard to proportion.
This, my Lord, was the opinion of the illuſtrious Earl Mansfield.—I will now proceed to ſtate what I heard from the mouth of the equally excellent Lord Kenyon, who now occupies the ſame judgment ſeat, with ſuch diſtinguiſhed honour and propriety. The circumſtance to which I allude is a remark his Lordſhip made when trying the cauſe of Turner verſus a chymiſt, for infringement on his patent, for making a yellow colour by a calcination of lead. In the courſe of this trial, which was of conſiderable length, and on which I attended the whole time, I heard his Lordſhip give his opinion on what the law required in a Specification. It was in effect as follows, and I am perſuaded, nearly, in the ſame words.
His Lordſhip ſaid, the Law demanded, that every individual to whom the King, in his wiſdom, granted a monopoly, ſhould, in writing, and otherwiſe if neceſſary, make a full diſcloſure of his invention, moſt candidly and unreſervedly; and in that inſtrument called his ſpecification inſure to the public the true knowledge and uſe thereof, in the plaineſt and moſt deſcriptive manner he was able, at the time he enrolled his ſaid ſpecification; keeping nothing back, or adding any thing ambiguous or unneceſſary. And farther his Lordſhip obſerved, that, provided the patentee had ſpecified any matter or thing in his detail, that would anſwer the intended purpoſe; and afterwards, to create ambiguity, inſerted others that would not anſwer, he did thereby miſlead the public; and that ſuch a ſpecification with all others defective as above, ſhould never meet with his ſanction, His Lordſhip alſo ſignified his opinion, that on matters which had previouſly been a property of the public, improvement only ſhould be the object of a petition to the King; and if in this part of it any more was included, he was deceived into a compliance of granting what was already public right. The matter of a Specification for ſuch a patent, was to give a fair deſcription of the improvement, and the nature and manner of its connection only with the ground work; if more was graſped at, or included than expreſſed, in the petition, ſuch a Specification was likewiſe a fraud on the public, and could not have his ſanction.
Thus I have laid before your Lordſhip, the opinions of theſe two eminent men, and although I may have ſtrayed a little in words, I am confident I have not in ſubſtance. I will now, with much ſubmiſſion, recite what I heard from your Lordſhip, as preciſely as I can, at Weſtminſter, on the cauſe Boulton and Watt verſus Bull.
After hearing the ſcraps of evidence I gave on that occaſion, as in the preſent inſtance, at a very late period of that long trial, and under diſadvantages nearly ſimilar to thoſe I have complained of on this, your Lordſhip remarked as follows.
I confeſs, ſaid your Lordſhip, that what has fallen from the laſt evidence (meaning myſelf) has very materially changed my ideas reſpecting the ſufficiency of the ſpecification. The word Engine, I agree with the Witneſs, does imply ſomething compoſed of parts; and conſequently thefſ parts muſt have proportion and relation one to another; which he, the witneſs, properly calls organization: ſo that the word Engine does certainly comprehend and impreſs the mind with an idea of ſome organized machine, and not principles only. And it appears to me on viewing the caſe in this ſhape, that provided the effect the Plaintiffs propoſe to produce, does either wholly or partially depend on the conſtruction and organization of a machine, or in which theſe principles were applied to produce this effect; it certainly was the duty of the inventor to lay down in the moſt inſtructive manner he was then able, how this machine was to be compoſed and made capable of the effect he had ſtated in his petition to the King to be thereby produced. This the Law, which regulates theſe monopolies, continued your Lordſhip, does require, and can take nothing leſs; and this being the price every inventor is to pay for his patent, none can have a good title deed who wilfully or ignorantly with-hold a part. And as the King held nothing but this ſpecification to guarantee the public in their reverſionary right to the benefits of the invention, he could not make a fair account to them if this inſtrument was defective. How far, ſaid your Lordſhip, this may be the caſe or not the caſe in the preſent inſtance, I will not take upon me to determine; I muſt leave that as a particular point of Law, on which the whole hinges, to the opinion of the Court. At the ſame time I will allow a verdict in the Plaintiffs’ favour, if the Jury ſhould find it ſo, as far as I can fairly go; that is to ſay, for the infringement which ſeems to be clearly proved to have been committed by the Defendant on the Plaintiffs’ Engine, according to the models, drawings, &c. produced by them in Court. But how far they had a right to proſecute for the infringement of their Engine, when in their petition to the King they had claimed none, nor even in their ſpecification properly deſcribed one, I muſt leave the Court to determine at a future time. I confeſs, ſaid your Lordſhip, I am ſorry I can get no farther, as I think the inventor’s ingenuity deſerving every praiſe; but on the other hand I muſt do Juſtice; and if he has wilfully, cunningly, or ignorantly left undone any thing the Law requires, it muſt unavoidably be his own misfortune: for in ſuch a caſe we cannot help him; he has himſelf to blame, not us. I think it evident, as I have before ſaid, that it was in the power of the Plaintiff after the number of experiments he had made, the expence, labour and fatigue it had coſt him during ſix years, to have given a true deſcription and exemplification of the reſult; and if not then able to deſcribe the beſt and moſt perfect Engine he might make, he could undoubtedly what he had done. Your Lordſhip further obſerved, this you conceived was all the Law demanded; ſuch a Specification only as the inventor, could give, and not ſuch an one as he could not give. How far he had or had not complied, you would leave to the opinion of a Court of Judges; in the mean time your wiſhed to indulge him with the opportunity of ſearching all the Court records, to find any former deciſion that would help him to juſtify his claim: and having done this, he muſt abide the iſſue. Which iſſue, your Lordſhip knows was undeciſive, and the preponderating ſide of the ſcale ſtill left to be aſcertained.
As I flatter myſelf your Lordſhip will not think it preſuming too much, I will here take the liberty to add ſome ideas of my own on the nature of patents.
I believe, my Lord, in the firſt place, that all natural principles, and properties of elements are of eternal exiſtence; unchangeable in nature, and boundleſs in effect, through an infinitude of variations in quantity and proportion: and that it is from quantity and proportion only, all principles of conſtruction are derived. Secondly, I conſider theſe principles to be the common property of all men, and the baſis of all judicious organization. And thus nature becomes the univerſal ſtorehouſe of every rational creature, furniſhing each with materials proper for his work. Hence comes invention, which I conceive to be thoſe efforts of the mind and underſtanding which are calculated to produce new effects from the varied applications of the ſame cauſe, and the endleſs changes producible by different combinations and proportions. Thus the field of invention may be conſidered infinite in its extent and production; and may juſtly be denominated the common-right of every individual when regarded in this original point of view, unconnected with any political regulations—which come next for obſervation.
The primary purpoſe of good policy being to promote and protect whatever promiſes univerſal good; the wiſdom of our forefathers, with this deſign, inveſted the King with the power of leaſing, or demiſing to certain individuals, certain ſpecific portions of this public right; in order to afford an uncontroulable ſcope to ingenious and induſtrious minds. So began the granting of patents, a ſource of profit to the community ſuperior to any former political tranſaction; and hence muſt follow the ſpecific obligations which are neceſſary to bind the contracting parties, and which I humbly conceive to be the following:—
The leſſee ſays to the leſſor I want to incloſe ſuch a part of this vaſt common field for a certain term of years; and to be inſured by the Law the peaceable enjoyment of all its produce after uſing my own mode of cultivation. To theſe terms the leſſor agrees on condition the leſſee ſhall, on his part, give to the public a certain price; which is as follows:
The King is here acting as the ſteward or guardian of public right; and that he may give a good account of his ſtewardſhip, propoſes to the leſſee, that he ſhall minutely deſcribe, firſt, the local ſituation of the ſpot; ſecondly, aſcertain the dimenſions; and laſtly, give a preciſe plan ſuffcient to determine its perfect ſhape. For he remarks, except I clearly know what I take from the public by this bargain, I cannot poſſibly know what I am to reſtore at the expiration of the contract. The King farther propoſes, that the ſaid leſſee ſhall annex to the plan of his ground a written deſcription of all his peculiar methods of cultivation and improvement; in order that he may at the end of the period deliver or return the public their inherent right; together with every kind of advantage reſulting from the ſuperior merit of its late poſſeſſor. Was not the leſſee bound by ſuch an obligation, the public might be deprived of their property for this term, and have the plot of ground returned them in a more barren, and infertile ſtate than before; and thus the main intention of the inſtitution be fruſtrated.
There are many other reaſons which juſtify theſe obligations in behalf of the public, which will appear from the enſuing obſervations.
Suppoſe, for inſtance, any part of this trackleſs eſtate of public property is thus demiſed by the King to a certain individual, every other ſubject thence becomes compelled by Law to regard it as the private right of ſuch perſon. Will it not therefore be a duty incumbent on the parties concluding the bargain to trace the boundaries of this ſacred ſpot; and fix ſufficient tokens for the direction of a ſtranger that he may clearly ſee when he ſets his foot on this ground? For was it otherwiſe, not only the inattentive ſtraggler, but even the moſt cautious traveller, might commit a treſpaſs before he was aware: and be rendered obnoxious to the power of the Law without the leaſt concurrence of his will. The idea only of ſuch a hardſhip is painful to the mind; and could it be ſuppoſed that ſuch a circumſtance ſhould meet the ſanction of any government, it would be deemed a heavy oppreſſion, injurious to ſociety, and a groſs infringement on public liberty.
It would certainly be cruel and unjuſt, in the extreme, to puniſh a man for diſobeying a law which had not been published in a language ſuited to his underſtanding. Yet this is the actual predicament in which every Engliſhman is left, ſhould the Specification enrolled by Mr. Watt, be deemed ſufficient to afford him protection againſt the invaſion of his property: For I will venture confidently to affirm, there is not a ſingle hint comprehended in that inſtrument, which can poſſibly enable even the moſt experienced Engineer to aſcertain the proper form, the conſtruction, the relative poſition and ſituation, the dimenſions or proportion, of any one part or member of that ſtupendous and wonderful machine, a Steam Engine.
Thus I have laid before your Lordſhip in full detail, the circumſtances of this caſe, and the various facts to which I am a witneſs; with thoſe opinions in addition to my own which cannot be diſputed. I now humbly hope you will have the goodneſs to let the very elaſtic ſubject on which I had to treat, apologize for the expanſive length of this Letter; and kindly extend your patience a little further, while I draw a ſhort concluſion; in which I will endeavour to condenſe the whole without a ſeparate veſſel; and if poſſible cram it into a ſpace much leſs than even an eduction-pipe. I then think my Lord, it will be unneceſſary to ſay more to unveil the intentions of Mr. Watt when he took his patent; and what right it can give him to maintain his monopoly.
It will be neceſſary my Lord preparative to the concluſion I propoſe, firſt to ſolve one material point, namely, at what period of creation do the works of man begin? The anſwer is, juſt where the independent works of God end, who by his own ſecret principles, and methods (that ſurely none will have the hardihood to claim) eſtabliſhed the elements and their properties; and ſtocked the univerſal ſtorehouſe already mentioned; out of which the ſame creating will directs every man to go and take materials, fit in kind and quantity, for the execution of his deſign. Thus far is the wonderous work performed by the Deity alone; what ſucceeds is done through the agency of man.
Now, my Lord, let it ſuffice for us, that in this ſtorehouſe there are all the materials neceſſary for the building of a manſion; and it may be ſaid that in this houſe are many manſions, but none that are ready built or ever will be, without the help of man; or any other object his organizing hand has preſented to our views but more eſpecially that maſter-piece of human invention which has occaſioned this communication, the ſelf-moving ſteam-engine; which I think may very juſtly be called a mechanical or inanimate animal. In this ſtorehouſe we find our manſion in the following ſtate, viz. there is plenty of clay and water for bricks, ſtone for the corner, the foundation and the top ſtone; but all unconverted into proper ſhape; there are ores for iron and other metals, but not ſo much as one nail ready for the builder’s uſe; there are alſo trees of every kind and growing in every ſhape, ſuited to the ſtouteſt as well as the feebleſt offices through the whole. But what is there yet lacking? it may be very properly anſwered, every thing; for clay and water are not bricks; ſtone yet undug is not in a ſtate for building; among the number of ores there is not one nail, and much to be done before there can be one; there are plenty of trees of every ſize, ſhape, and kind, but ſome in ſpecics, and all in bulk, fail of being fit for preſent uſe. Here is wanted then, as I ſaid before, every thing to make a houſe that belongs to man. There wants the figurative exertion of the intellects in every branch of this part of ſcience, which I call principles of imagery; and alſo the ſame in every branch called arithmetical, to ſettle firſt the plan, then to give the whale proportion. Then, my Lord, follows the act; a proper choice of all materials, and the work begins. Firſt principles of proportion for the clay and water; then methods of making and burning bricks. Then principles of maſonry; and methods of cutting and ſhaping the ſtone. Then principles of chymiſtry; and methods of making and converting iron, &c. into the various uſes wanted in a building. And laſtly comes the timber, of more conſequence than any of the former. This is in a jumble of trees as before obſerved; here is wanted judgment to make a proper choice; all the principles of ſcience to ſettle the ſcantling of every piece; then methods of converting each into the proper form and due proportion it ought to bear. And who is it, my Lord, that does not even after the experience of ſix thouſand years (much more minutely recorded than Mr. Watt’s Specification) err in this part, more or leſs in every building? And yet, as I have ſaid before, your Lordſhip did others are inſulted by being told both in this Specification, and by thoſe who can ſay any thing, that the kind of material, the proportion, and the method of organizing them is not of the ſmalleſt conſequence whatever, in the building of this houſe. And Mr. Cummings in particular, aſſerts, that parts may by a good workman, be made ſhorter or longer, thicker or ſmaller, &c. and all without deviating from a well-concerted plan. You are likewiſe told, my Lord, that your nails, bolts, &c. may be made of oils, reſinous bodies, animal fats, and what is more likely, of melted iron, braſs, or very kindly, any other metal of thing you pleaſe; and that your houſe may turn on an axle-tree, or any how you pleaſe.
All the methods I have here mentioned to belong to man, I think, are ſubjects of monopoly; and perhaps ſome of the principles: but all capable of minute explanation. But Mr. Watt goes a little further back to begin his claim, which he makes without any explanation. He ſays to the King, I want a patent for my new invented method of ſaving the conſumption of bricks, and conſequently of clay and of water in building houſes; and theſe methods I call principles. Or I want a patent for my new invented method of leſſening the conſumption of ſtone, and conſequently of digging and hewing it in building houſes: theſe methods I call principles alſo. Or I want a patent for my new invented method of leſſening the conſumption of nails, other iron-work and metals, and conſequently of ores in building houſes; and theſe methods I call principles. And thus, my Lord, he may alſo give us his methods and principles of ſaving wood, and conſequently trees in the ſame way; and leave the world in reality, as he has done in the inſtance before us, to invent methods and principles for themſelves. And ſhould the want of a better, and more ſufficient Specification, in the art of building, than he has given in the art of conſtructing Engines, lead any perſon to put his principal beams, where he ſhould apply his laths, and his laths where theſe beams ſhould be, he may apologiſe fer the defects which occaſioned this miſapplication, by calling ſuch, ſhoemakers, blockheads, fools, &c. for not diſcovering what has coſt him, with all his retinue, twenty three years, and is ſtill ſhort of perfection.
The following will appear to your Lordſhip a condenſation of my ideas, diffuſed through this letter, on the conſtruction of Steam Engines, and which my experience juſtifies.
First. No Steam Engine can poſſibly be made to work without a pump, if the ſteam is condenſed in any veſſel, where the piſton does not act; that veſſel being ſeparated from the ſteam cylinder.
Secondly. No Engine can poſſibly work properly, except the dimenſions of the pump much exceed the cavernous parts, into which the ſteam has acceſs, between the ſteam cylinder and the pump.
Thirdly. All kinds of condenſers, and even eduction pipes, on the principle of Watt’s Engines, impede the working of the Engines, in a ratio as their proportion to the air pump.
Fourthly. There is a proper ratio or maxim to be given, for determining the ſize of the pump for each Engine; and ſhould there be any deviation from it, either over or under, the Engine is not perfect.
Fifthly. The want of proportion in theſe parts for many years occaſioned very great defects, and even prevented, in toto, the uſe of Mr. Watt’s Engines; and they are ſtill incomplete on this account.
Sixthly. Newcomen’s Engine is the beſt yet known, that works without an air pump.
Seventhly. Newcomen’s Engine, with a proper air pump, will far exceed any yet known in public uſe, in point of ſimplicity; and, at leaſt, equal or ſuperior in power with the ſame quantity of fire; and can be built and maintained at little more than half the coſt of Mr. Watt’s.
Eighthly. No condenſer or edudction-pipe of any dimenſions, whatever, is neceſſary in Engines built on this plan. The judicious application of an air pump will make every Stream Engine a good one, but this the beſt.
Theſe are facts, my Lord, which cannot be controverted, and which I am ready to prove by actual experiment, having a Newcomen’s Engine at work, without any condenſer or eduction-pipe, which performs its office in a manner ſuperior to any Steam Engine I ever ſaw on any other plan. And I affirm, that the air pumps uſed by Meſſrs. Boulton and Watt, in their Engines, are not on a proper principle; and that the application of pumps to theſe Engines is not their invention, but was, as I have ſtated, the ſubject of a patent, previous to that obtained by Mr. Watt.
Of the vague inconſiſtency and abſurdity of Mr. Watt’s Specification, which I have ſet out by expoſing, I have little doubt your Lordſhip is by this time fully convinced; confirmed as it is by the many elucidations I have adduced. If then Mr. Watt has failed, even from ignorance, to give the neceſſary price, he muſt, according to the above-quoted indiſputable authorities, forfeit his pretenſions to the monopoly.
With no other wiſh, my Lord, than to be inſtrumental in promoting univerſal juſtice, I have preſumed to occupy ſo much of your time. With your Lordſhip, I am ſenſible this will be a ſufficient apology; I have, therefore, only to intreat a candid indulgence for the inaccuracies of the compoſition, which the unavoidable attention to an active profeſſion, and the neceſſity of making the communication ſpeedily, precluded the poſſibility of correcting.
I am, with the greateſt reſpect,
- My Lord,
- Your Lordſhip’s
Moſt obedient and obliged Servant,
No. 14, Weſt End Piccadilly,
Jan. 7th, 1797.
Errata.
| Page | 5, | line | 5, after “patent” read “as by the ſaid Letters patent, and” &c. |
| 20 | — | 1, after “ſtate” read “ , would” | |
| 31 | — | 2, from the bottom, for “where depends” read “on which depend.” | |
| 32 | — | 16, for “ſeeming” read “ſeems.” | |
| 43 | — | 1, for “falſe” read “miſtaken.” | |
| 50 | — | 5, for “altitudal” read “altitudinal,” | |
| 60 | — | 16, for “were” read “was.” | |
| 65 | — | 22, dele “the pretended.” |
History of London and Its Environs.
Parts I. and II.
This Day is Publiſhed,
Price to Subscribers 10s. 6d. or to Non-Subscribers, 13s. 6d.
Neatly Printed an a Superfine Wove Royal Paper, and Hot-preſſed;
containing
A large Four-Sheet Map of the Country from 20 to 30 Miles round London;
Plan of the Canals; a large Map of the Thames;
A View of Blackfriar’s Bridge with St. Paul’s; the Conduit ay Bayſwater;
Fairtop Oak in Hainault Foreſt;
An ancient Plan of London; a Survey of the ſame after the great Fire in 1666; a View of the Monument, and a Large Four-Sheet Plan of London in its preſent State, Four Feet Eight Inches by Three Feet Three Inches, comprehending the ſurrounding Villages, being Twenty-nine Miles in Circumference.
Part I. of the
History of London
and its
Environs.
This Part contains an Explanatory Preface; a General History of
Middlesex, Surry, Kent, Essex, and Hertforshire;
Deſcribing the Soil and Pace of the Country—Climate—Agriculture and Produce—State of Property, Farms, and Rents—Minerals—Natural Productions—Trade, Manufactures, and Population—Civil and Eccleſiaſtical Diviſions—The River Thames, deſcribing its Source and Courſe to its Influx; with its Towns, Villas, Bridges, Trade, and Communications—Navigable Rivers and Canals, made and making, including the Rivers Medway, Lea, and Wey—The Baſingſtok-Canal—Oxford and Coventry, the Grand Junction, Buckingham, Ayleſbury and Wendover, St. Albans, and Paddington Canals; and the New River, with its Improvements.
The Second Part contains a General Hiſtory of London, from the earlieſt Period to the Section including the Death of King Joho in 1216, containing the intermediate Hiſtory, and the firſt Invaſion and Conqueſt of Briain.
London: Printed for John Stockdale, Piccadilly.
The Work will be completed in Eight Parts, making two large Volumes in Royal 4to. and embelliſhed with Maps, Plans, and Views. A few Copies on a large Wove Elephant Paper, with Proof impreſſions of the Plates, at One Guinea each Part, to Subſcribers.
The Subſcription will continue open ſome Time longer, and a List of the Subscribers will be given in the last Part.
This work was published before January 1, 1929, and is in the public domain worldwide because the author died at least 100 years ago.
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