Difference between revisions of "Letters of James Rumsey"

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Parker who merely discharged the expenses of the said ship until his decease and from which at his decease he received no actual emolument; as will appear by Letter marked (H) and prayed to be taken as part of this Answer: that in about the 22d. of December 1792 the Testator died. This respondant being not in possession of other documents or accounts relative to the said Estate prays that if any should after come to hand they may be taken as part of this Answer. That true it is the deceadent left his Will and Testament in which he appointed the Respondant his Executor: that this Respond<sup>t</sup> hath taken upon himself the executorshilp of said Estate: that some time in the year 1793 this Respond<sup>t</sup> appointed a certain Joseph Barnes (now in Holland) his attorney to do and perform all mlatters and things relative to the said Estate in England: that the said Barnes went to England; acted as this Respond<sup>t</sup> believes in all respects for the best; that he enterred into an arbitrament: that an award therefrom took place, and that there by as well as from the statement of Barnes and this Respond<sup>t</sup>'s belief the said Testator was indebted on account of the said ship, the invention mentioned in the first contract referred to, the arbitrators not concurring the invention to be in that perfection called for by the agreement which said answer marked (G) this Respond<sup>t</sup> prays may be taken as part of this answer; and that the allegation of the Complainant that Barnes received 1000&#163; sent to the Rumsian Society this Respondant avers to be totaly groundless, as he knows of no money ever received by Barnes on account of his attorneyship as aforesaid or on any other account of the estate of the decedant: that this Respond<sup>t</sup> hath truly and faithfully conducted himself as Executor as aforesd: that the sum of &#163;501 : 9:1<sup>3</sup>&frasl;<sub>4</sub>: came to his hands from the product of the remittance of goods as aforesaid to Charles Morrow: that since that time he hath settled with the county court of Berkley, with the said Estate as Executor as aforesaid that the estate was then found in his debt some where about one hundred pounds allowing as a debit against him the five hundred and one pounds, nine shillings and a penny <sup>3</sup>&frasl;<sub>4</sub>d as above and that not a shilling has in any shape otherwise been received of the said estate by this Respondant: and among other
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credits allowed by the said court in this Respondants favor was the actual satisfaction of a Judgment obtained against the said Estate for the sum of about &#163;200, which had been contracted by the testator in England towards the prosecution of the above mentioned steam ship. So that the Respondant is now confident in averring that he hath nothing of the estate at present in his hands: that the goods before referred to as having been transmitted to Morrow were not directed to be divided as the Complainants bill alledges; and that there were no orders as to the distribution of these goods or the product thereof to McMachen or any other person further than appears from the letter marked B: that true it is a draft was made by the defendant upon said Wynkoop for &#163;1000 treasurer of the Rumsian Society for the discharge of the decedants previous acceptance as above stated: that 600&#163; was to be disposed of to the society: and this and the rest appear by letter marked B: but none of this draft hath ever been received; the said Wynkoop having been insolvent; and this Respondtant further states that the decedant received no proffit from any other invention within his Knowledge save the Mill before mentioned and the steam boat to which last the contract of the parties were confined.
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So that now it appears may it please your honors that the decedant expended and became indebted for and discharged to the use of the steam boat invention above mentioned &#163;1500&mdash;sterling money, equal to &#163;2000 Virg<sup>a</sup> currency 1000 curr<sup>y</sup> of which according to the acknowledged contract became the debt of the Complainant: then as the &#163;600 sterling equal to 800&#163; curr<sup>y</sup> was advanced by the society for the joint of the Comp<sup>t</sup> and Testator, which never was refunded he the Compla<sup>t</sup> became also indebted to the Testator other 400&#163; Va. currency, which added will make a debt due from the Complainant to the Respondant of 1400&#163; Va. currency. The whole of the proffits of the steam invention was &#163;1800 sterling money equal to &#163;2400 currency; of which the Complainant wanted to claim one fourth part towit 600&#163; currency, which deducted from the aforesaid debt of &#163;1400 will in due submission leave the Complainant in debt to the Testator in the sum of &#163;800 current money
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==See also==
 
==See also==
 
*[[S. Bassett French Biographical Sketch]]
 
*[[S. Bassett French Biographical Sketch]]

Revision as of 12:28, 10 April 2019

Introduction and summary.[1]

Letter text

Page 154

LETTERS OF JAMES RUMSEY, INVENTOR OF
THE STEAMBOAT

James Rumsey was born at "Bohemia Manor," Cecil County, Maryland, in 1743. His father was a farmer of good social standing with a large family and limited means, but the son acquired a pretty fair education, considering the times, as his letters show. He served as a soldier in the Revolution, and at the close of the war, in 1783, with Nicholas Orrick as partner, Rumsey went into the mercantile business at Bath, now known as Berkeley Springs, in Morgan County, West Virginia. In 1784 with Robert Throgmorton he kept a boarding house for visitors to the springs, and when "the Potomac Improvement Co." was established became its secretary.

His mind, however, had a mechanical turn, and several years previous to 1783 he applied himself to perfecting a boat for navigating rivers. His first boat appears to have been propelled by mechanical power alone and in 1784 he showed a model of it to General Washington, who had a cottage at Berkeley Springs, and Washington became an eye-witness of the working powers of the model by an actual experiment in running water. In the fall of the same year Rumsey obtained from the Virginia Legislature an act protecting his right of navigation within that State for ten years, and soon after the Maryland Legislature passed a similiar provision. Rumsey was no novice in the possibilities of steam, and about September, 1784, he began to study how to apply its power to boat navigation. He removed about this time to Shepherdstown, constructed a new boat fifty feet long, and on December 3, 1787, after a preliminary private trial in March, 1786, made his first public exhibition of the invention at Shepherdstown in the presence of many persons-comprising General Horatio Gates, Colonel William Darke, Colonel Joseph Swearinger, Jeremiah Morrow, afterwards Governor of Ohio, John Mark and other prominent people. The trial was repeated December 14, 1787, and the boat attained a speed against the current of four miles an hour

Shortly after this Rumsey in January, 1788, published a pamphlet, entitled "A Paean or Short Treatise on Steam," in which, alluding to this second experiment, he claimed that a speed of ten miles an hour might readily be obtained through the use of steam.

The same winter (1788) Rumsey went to Philadelphia, and the interest awakened there in his steamboat resulted in the formation of the "Rumseian Society." The May following, aided by this Society, he went to Europe, bearing letters of introduction from Washington, Franklin, Patrick Henry, Benjamin Rush, and other distinguished Americans.

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In England he made the acquaintance of the Society of the Arts, and procured various patents from the British government for various improvements in steam engines, pumps, boilers and mill machinery, but the main object of his visit was to introduce the steamboat, this he addressed himself with his accustomed energy. He was a poor man, however, and was constantly short of funds. In order to pay his way he had to engage in various side labors, some of which are referred to in the letters that follow. He struggled on, however, and the boat was at length finished and made ready for public trial. It was 100 feet long, with proportionate breadth of beam and depth of hold.

But after all the burden borne, on the very eve of triumph, Mr Rumsey was not spared to witness the consummation. On December 20, 1792, he delivered an address before the Society of Arts in London, on hydrostatics, immediately after which he busied himself in wording resolutions to be entered in the Society's book. While thus engaged he complained of a violent pain in his temple. He became speechless, and though competent medical assistance was rendered him, expired at the Adelphi Hotel the next evening at about quarter past nine, December 21, 1792. His remains were interred in the churchyard of St. Margaret's, Westminster, London.

In spite of his decease the trial was made of his steamboat, and as stated in the "Gentleman's Magazine" for February, 1793, page 182, the trial proved very successful, for the boat sailed against wind and tide at the rate of "four knots an hour."

Rumsey's claim to precedence was fiercely contested by John Fitch, of Philadelphia, but the question is settled against the latter by his own words, as he states himself that the first idea of a steamboat occurred him in April, 1785. Moreover, Rumsey gave the first public demonstrations of the steamboat's success.

Rumsey will always remain an interesting figure for he paved way for the success of Fulton, whom he met in England and doubtless influenced. Anything like a full biography of him has never been written, though a sketch of the man and his work was prepared for the West Historical and Antiquarian Society by George M. Beltzhoover, and printed in 1900 by the West Virginia Historical Society.

The helmsman on Rumsey's boat at Shepherdstown at the demonstration, December 3, 1787, was Colonel Charles Morrow, a brother of Rumsey's wife. Two other brothers of his wife were among the spectators, John Morrow, who afterwards was a member of Congress from Virginia (March 4, 1805-March 3, 1809) and Jeremiah Morrow (born at Gettysburg in 1771), Senator of the United States (1813-1819) from Ohio, Governor of that State (1823-1826). One of the passengers on the steamer was Ellen Mark, who before marriage was also a Morrow, probably sister or cousin of Rumsey's wife. Her husband, John Mark, was a Scotch-

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Irishman from Ulster, and founder of the first Presbyterian Church in Fredericksburg. His daughter Ann, who was with her mother on the steamer, married Hon. John Baker, of Shepherdstown, and had a daughter Ann Baker, who married Thomas W. Gilmer, Secretary of the Navy under Tyler.

In the archives of the Virginia State Library are the papers of a suit originally begun in the High Court of Chancery for Staunton, Virginia. These papers were deposited in the Library by order of the Circuit Court of Augusta County, in 1907, at the instance of Armistead C. Gordon, chairman of the Library Board. The suit was brought by Doctor James McMechen against Rumsey's executor, Edward Rumsey, for settlement of alleged indebtednesses of his testator. These papers have never been published before and of them the most important are now published with the consent of Doctor Henry R. Mcllwaine, State Librarian. They are chiefly valuable for throwing light on Rumsey's movements while in England.¹

To The Honble George Wythe Chancellor of Virginia

Respectfully complaining sheweth unto Your Honor his Orator

James McMeechen of the County of Berkeley.

That some time in or about the year 1784 a certain James Rumsey and your Orator entered into Articles of agreement (here ready to be produced) for the purpose of prosecuting and receiving


¹The following is a list of the documents filed in the cause of McMechen vs. Rumsey.

1. Copy of order of Circuit Court of Augusta County, Virginia, directing that the papers in the ended chancery cause McMechen vs. Rumsey be deposited in the Virginia State Library.

2. Bill filed by James McMechen. (Printed in full.)

3. Writ of summons (to sergeant of corporation of Winchester) against Edward Rumsey, executor of James Rumsey. deceased. Dated 13 December, 1799.

4. Writ of attachment (personal), to sergeant of corporation of Winchester, against Rumsey for contempt of court.

5. Copy of order in the High Court of Chancery, May 16, 1801, taking as confessed the bill of the complainant, McMechen, in view of Rumsey's refusal to answer a writ of attachment for contempt.

6. Answer of Edward Rumsey, executor of James Rumsey, deceased, to a bill of complaint exhibited against him in the High Court of Chan-

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profit by an Invention of constructing boats to sail agt stream, by which agreement it will appear that the said James Rumsey and your orator stipulated to pursue jointly and severally with their utmost deligence & attention every Most sucessfull Measures for obtaining either premiums or exclusive Rights from the several states of America or from the States in Congress or from any principality, State or Kingdom the eastern World at the joint expense of them the said Rumsey & your Orator their heirs &c. and upon obtaining such premiums or exclusive Rights, the said Rumsey should be entitled to fourth parts thereof and Your Orator to one fourth. Among other things stated in said agree&supt; the parties bound themselves in the penal sum of one hundred thousand pounds.

And your Orator further sheweth that the said James Rumsey being a man of abilities, well versed in the Doctrines of Hydro-


cery wherein James McMeechen is complainant, and exhibits A, B, C, E, F, G, H referred to in said answer. (Printed in full.)

A. Articles of agreement between James Rumsey and James McMeechen, 10 November, 1784.

B. Letter from James Rumsey to James McMeechen, dated London, April 15th, 1792.

C. Letter from James Rumsey to Charles Morrow, dated Philadelphia, May 14th, 1788.

D. Letter from James Rumsey to Charles Morrow, dated London, September 12th, 1791.

E. Letter from James Rumsey to Charles Morrow, dated London January 5, 1791.

F. Letter from James Rumsey to Charles Morrow, dated London, August 23d, 1791.

G. Joseph Barnes with Daniel Parker, award. Dated, London, 9 March, 1795.

H. Letter of James Rumsey to Charles Morrow, dated London March 30, 1792.

7. Letter from James Rumsey to Charles Morrow, dated London August 4th, 1789. (Printed in full.)

8. Letter from Joseph Barnes to Charles Morrow, dated Philadelphia, January 29th, 1792. (Printed in full.)

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statics, central forces and the Laws of gravitation, aspired other objects of invention, which were extremely usefull to the world such as Rumseys improvement on Doctor Barker's Mill, Rumsey's steam boiler &c. &c. in the proffitts of which arising from premiums, exclusive Rights or otherwise your Orator was also entitled to One fourth part. Your Orator futher sheweth that in consideration of the aforesd. agreet he advanced by different payments unto the said Rumsey the sum of three hundred pounds being the full amot. of his part of the expences attending the experiments of said Rumsey, as will appear in part by said Rumsey's letter and the books belonging to what was called the Rumseyan Society now in the hands of John Morrow of Shepherd's town, Berkeley County. That the said Rumsey made considerable sales of the above inventions in Philadelphia and received large sums of money of which your Orator was entitled at least to the sum of one hundred and thirty odd pounds, that migrated to England about the year 1789 or 1790 and there prosecuted his plans aforesaid and made considerable sales receiving at One time the sum of two thousand pounds which he renmitted to this Country as follows £1000: to the Rumseyan Society which came to the hands of One Joseph Barns and one thousand pounds in goods wares and merchandise which came to the hands of Charles Morrow since deceased with orders that these sums should be distributed among the parties intrusted, Out of which your Orator was entitled to receive £500: being his fourth part. Your Orator further charges that in or about the month of December 1792 the said James Rumsey departed this life having previously made & published his last will & Testament in Writing thereby constituting Edward Rumsey his brother Exor. who took upon himself the burthen of the administration & whom your Orator prays may made a Dft. to this his bill of compt. your Orator charges that the said Edwd. Rumsey came to an Acct. & settlement with Barns and Morrow and others for the monies remitted as aforesd and received a large sum of money particularly Your Orators shares except as to the sum of fifty two pounds Penna Cury which yr Orator recd. of the said Charles Morrow that the said Edwd. Rumsey the Dft. deputed the aforesaid Joseph

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Barns to go to England and to dispose of the inventions of the said James Rumsey decd. which your Orator is informed were sold for the sum of seven thousand five hundred pounds sterling money of which Your Orator was entitled to one fourth part But now so it is May it please your honor the said Deft. combining and confederating to and with divers persons unknown to your Orator but when discovered he prays May be made Defts. to this his bill of complt how to injure & oppress him, hath refused to account your Orator for any part of his shares aforesd. altho. repeatedly called upon giving out in speeches that your Orator is not entitled to any part and again denying that any monies have come to his hands All which actings and doings are contray to equity and good conscience and tend to the Manifest injury of Your Orator in the premisses. In Tender consideration where of and for as much as your Orator is remideless by the strict rules of the common Law but only releaveable in a court of Equity where delinquents of this kind can be compelled to account upon oath To the end therefore that the dft. may upon his corporal oath full true and perfect answer m1ake to all and singular the premisses as fully and completely as if the same were herein again expressly asked and enterrogated and the Dft Rumsy may be compelled to account with your Orator for the proffitts made by his Testator and those reced. by him & the Deft. and be decreed to pay unto your Orator the full amot. of his fourth part of all such proffitts and that your Orator May have such other & further relief as unto the court May Seem Meet &c.

Holmes Pq.

(Backed) McMeekin v Rumsey

Suit brought to March term 1800
August Rules 1800 Bill and time
May term 1801 Bill taken for confessed
June Rules 1801 answer and Gen Rep & Com
January Rules 1802 set for hearing on plts motion
thus the cause remained on the docket of the said
Court, the first day of February 1802.
P. Tinsley

Page 160

McMechen } Bill
vs
Rumseys Exors.


Suit brought to March term 1800
May term 1801 bill taken
for confessed.
August 6, 1800

To The Honorable George Wythe Chancellor of the Commonwealth of Virginia.

The Answer of Edward Rumsey as Executor of the Will and Testament of James Rumsey deceased to a Bill of complaint exhibited against him il the High Court of Chancery wherein James McMachen is Complainant.

This Respondant now and at all times reserving to himself all manner of benefit of exception to the manifest errors uncertainties and imperfections in the Complainant's bill contained to so much thereof as he is advised is material to be responded unto he answerth and Saith; That true it is that on the tenth day of November in the year 1784 an article of covenant and agreement was enterred into by the said Complanant on the one part and this Respondants testator on the other; which said article of covenant marked (A) this Defendant prays may be taken as part of this Answer: that from the recital and current of the said Article as well as from the belief of this Respondtt it was the evident intent of the parties that the contract should be exclusively confined to the procuring of Patents and exclusive rights in the manner form therein discribed to a certain mechanic invention of the genius of the said decedant of a boat constructed to sail against rapid currents, and this Respondant now protests against any other inferrence from or construction of the said article, and avers that he knows of no other contract between the said parties save that which may grow from the letter and spirit of the said article of covenant: that it is apparent from the said article that the prosecution of the said Patents and exclusive rights was to

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be at the joint expense and risque of the said parties and that the emolumlnents and products of the said inventions directly and indirectly should be one fourth thereof to the Complainant and three fourths thereof to this Respondtts Testator: and that the Complainalnt never embarked in the fate or proceeds of any other invention of the decedant and would have no claim to the proffitts thereof; that some time in the year 1793 at the urgent request and instance of the said McMachen and while this Resopndt an a certain Joseph Barnes were entirely unwary and while this Respondant was ignorant of any article between the said parties, he with the said Barnes was induced to sign a Certificate the purport of which he cannot now recolect, but which he conceives embraced greater lattitude than the above exposition of the said article, but he now solemly avers that the perusal of the said article which came to him by a private and accidental conveyance from Philadelphia subsequent to the said Certificate, has induced him to vary from the said Certificate: a paper executed more from an anxiety to do ample justice to the Complainant than from an adiquate comprehention of the contract and its circumstances : that it has since appeared evident to this Respondant that the decedant could not have been so insensible to the dignity of his being as to have contemplated by the said contract a surrender to the Complainant on any conditions of one fourth of the product of his thoughts and genius to the day of his death. this Respondant has merely understood that some advances were made by the Complainant to the decedant, but to what extent he cannot state neither hath he any vouchers in his posession to elucidate this point, but this is well known to this Respondant that intervening the date of the said article and the 14th day of May 1788 the period of the decedant's departure for England the various expenditures in the prosecution of the invention: by applications and journies to many states in the Union, and to the Congress of the United States; by innumerable experiments; by the erection of expensive Works on the Potomac and other incidental expenses amounted to a sum the Complainants proportion of which would far have exceeded the sum of 300£ stated in Complanants Bill and which this Respondt believes is meant to

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be Pennsya currency. That some time in May 1788 the decendant arrived in the city of Philadelphia where he was honored with the patronage of the most enlightened characters of his country; but from a strange fatality he did not derive the slightest pecuniary advantages in that city from his invention, and consequently made no sales so that the alegation of the Complainants Bill that the decedant made sales and received emoluments therefrom in the city of Philadelphia is groundless which will more fully appear by the lower part of the first and the whole of the second page of a letter from the decedant to the said Complainant marked (B) and which is prayed to be taken as part of this answer, which letter having been found by the widow of a certain Charles Morrow an acquaintance of both parties and who in his life time accidently possessed the same, was by her handed to this Respondt – true it is that just previous to the decendants departure for England and at other times after the total sum of 600£ sterling was advanced by the Rumsian Society merely as an adventure, with the decedant for the promotion of his general plans, and which the Testator thought himself bound to refuse from principles of honor. In the year 1788 which will appear by Letter Marked (C) and which is prayed as part of this answer, a Society partly from the exertions of the decedant and others, became organized in Philadelphia under the title of the Rumseian Society, by which society the sum aforesaid was as aforesaid advanced: from the urgent wishes of the said society zealous for the promotion of mechanic science, and the pressure of his own affairs, the Testator was about to depart for the eastern world the then expanded theatre of genius and emulation, where he was taught to think an ample field would be open for the exercise of his humble talents in the acquirement of a fair fame and honest subsistance: that for the promotion of his success, the said Society furnished him with recommendatory addresses and part of the above sum evidenced by drafts on respectable persons in London that under these sanctions on the 14th day of May 1788 the testator took his departure for Europe. That after the Testator arrived in London he found himself in a strange and great Kingdom whose character has even been to concentrate the springs of action into mo-

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tives of sordid gain supported more by the strength of his recommendations than pecuniary resource and unadided by a shilling from the purse or credit of the Complainant his pretended partner: that so situated he addressed the Parliament of Great Britain and procured certain Patents and exclusive rights to certain inventions of his own, among which was the steam invention for stemming currents recited in the first mentioned contract: and then as he ever after continued, equally unaided by the said Complainant he anxiously sought those pecuniary resources essential to the promotion of his schemes: that he negotiated with several mighty characters in the Kingdom and effectuated an agreement with a certain — Whiting a man in London of wealth an high responsibility: that under the auspices of the said Whiting and the flattering allurements of a brilliant prospect the scope of his action became more extensive and his engagements more serious: it was soon after agreed that a ship should be built and that the steam machine should be constructed with her, that the cost of the said ship separate from the constructing the machine was 600 guineas, for the whole of which sum the testator became liable: that shortly after Whiting became insolvent and he not having contributed a shilling towards the above expense the testator being wholly liable found himself surrounded by embarrassments pressed by creditors and at the door of a prison; which may more fully appear by other documents prayed to be taken as part of this Bill if possible to be produced: that under this predicament the testator eager to le relieved from his pressures contracted with a certain firm under the title of Rodgers & Parker, the tenor of which contract was that the said Rodgers and Parker were to receive two thirds of the product of the steam ship in consideration that they would advance 2000£ towit one thousand in cash and one thousand in goods but the whole amount to be 7500£ if the said ship should be compleatel : that the Testator ever acting for the best received one thousand pounds in goods for the other thousand commuted for 800£ in cash: that Rodgers & Parker actually failed and became insolvent, so that the progress of the said ship was entirely impeded, and no other benefit ever received from the said house previous to said failure:

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that the Testator accepted a draft on him drawn by a certain Benjamin Wynkoop for £1000, Treasurer of the Rumsian Society, and in London discharged the same in money, 800£ thereof being one of the above received sums and two hundred from his own stock: that just previous to the said payment the friends of the Testator reflecting on his situation furnished him on loan with certain sums for which he became responsible: that then one thousand pounds worth of goods were forwarded to Berkeley County in Virginia: that these goods were consigned to a certain Charles Morrow to be sold, which will appear more fully by Letters marked B. C. D. E. and F. and which last are prayed to be taken as part of this Answer. That about August or Sept. 1791 the Testator having found himself in debt to the amount of 1500£ sterling money to have been entirely connected with unfortunate and broken characters; burthened with the heaviest demands; struct with the horid picture of his affairs, seeing nothing before him but the walls of a prison or irretreivable disgrace, cast an anxious but desperate eye towards the several sources from which he had been taught to expect relief: the hand of the Complainant was not extended to his support, unaided by any connection in his own country, unsanctioned by residence or tried friendship in Europe; being blended in the deplorable fate and sharing the unstable credit of those with whom he had been contracted he thought, that the arm of providence alone could snatch him from certain ruin. But happily for him and those to whom he had become liable, he received an invitation to Ireland through the Earl Carhampton to render his assistance in projecting and cutting a Canal in that country, for which he received £10: sterg per day, as will appear by Letter D: that he was employed either 40 or 60 days, the proceeds of which were applied to his previous incumbrances: that he afterwards not wishing to return to London went to Liverpool, whence he invented a certain Mill upon new principles, for one quarter part of which he received £750 sterg which also was applied to the discharge of his previous debts, and then was priviledged to return to London; that while at London he continued prosecuting the steam ship under the direction of the trustees of Rodgers &

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Parker who merely discharged the expenses of the said ship until his decease and from which at his decease he received no actual emolument; as will appear by Letter marked (H) and prayed to be taken as part of this Answer: that in about the 22d. of December 1792 the Testator died. This respondant being not in possession of other documents or accounts relative to the said Estate prays that if any should after come to hand they may be taken as part of this Answer. That true it is the deceadent left his Will and Testament in which he appointed the Respondant his Executor: that this Respondt hath taken upon himself the executorshilp of said Estate: that some time in the year 1793 this Respondt appointed a certain Joseph Barnes (now in Holland) his attorney to do and perform all mlatters and things relative to the said Estate in England: that the said Barnes went to England; acted as this Respondt believes in all respects for the best; that he enterred into an arbitrament: that an award therefrom took place, and that there by as well as from the statement of Barnes and this Respondt's belief the said Testator was indebted on account of the said ship, the invention mentioned in the first contract referred to, the arbitrators not concurring the invention to be in that perfection called for by the agreement which said answer marked (G) this Respondt prays may be taken as part of this answer; and that the allegation of the Complainant that Barnes received 1000£ sent to the Rumsian Society this Respondant avers to be totaly groundless, as he knows of no money ever received by Barnes on account of his attorneyship as aforesaid or on any other account of the estate of the decedant: that this Respondt hath truly and faithfully conducted himself as Executor as aforesd: that the sum of £501 : 9:134: came to his hands from the product of the remittance of goods as aforesaid to Charles Morrow: that since that time he hath settled with the county court of Berkley, with the said Estate as Executor as aforesaid that the estate was then found in his debt some where about one hundred pounds allowing as a debit against him the five hundred and one pounds, nine shillings and a penny 34d as above and that not a shilling has in any shape otherwise been received of the said estate by this Respondant: and among other

Page 166

credits allowed by the said court in this Respondants favor was the actual satisfaction of a Judgment obtained against the said Estate for the sum of about £200, which had been contracted by the testator in England towards the prosecution of the above mentioned steam ship. So that the Respondant is now confident in averring that he hath nothing of the estate at present in his hands: that the goods before referred to as having been transmitted to Morrow were not directed to be divided as the Complainants bill alledges; and that there were no orders as to the distribution of these goods or the product thereof to McMachen or any other person further than appears from the letter marked B: that true it is a draft was made by the defendant upon said Wynkoop for £1000 treasurer of the Rumsian Society for the discharge of the decedants previous acceptance as above stated: that 600£ was to be disposed of to the society: and this and the rest appear by letter marked B: but none of this draft hath ever been received; the said Wynkoop having been insolvent; and this Respondtant further states that the decedant received no proffit from any other invention within his Knowledge save the Mill before mentioned and the steam boat to which last the contract of the parties were confined.

So that now it appears may it please your honors that the decedant expended and became indebted for and discharged to the use of the steam boat invention above mentioned £1500—sterling money, equal to £2000 Virga currency 1000 curry of which according to the acknowledged contract became the debt of the Complainant: then as the £600 sterling equal to 800£ curry was advanced by the society for the joint of the Compt and Testator, which never was refunded he the Complat became also indebted to the Testator other 400£ Va. currency, which added will make a debt due from the Complainant to the Respondant of 1400£ Va. currency. The whole of the proffits of the steam invention was £1800 sterling money equal to £2400 currency; of which the Complainant wanted to claim one fourth part towit 600£ currency, which deducted from the aforesaid debt of £1400 will in due submission leave the Complainant in debt to the Testator in the sum of £800 current money

See also

References

  1. Please footnote sources.

External links