Struggle to Patent the Cotton-Gin

Multitudes of persons came from all quarters of the State to see the machine.

Continuing Enormous Growth of Cotton in America,
with a selection from Memoir of Eli Whitney, esq. by Denison Olmsted published in 1846. This selection is presented in 3 easy 5 minute installments. For works benefiting from the latest research see the “More information” section at the bottom of these pages.

Previously in Enormous Growth of Cotton in America.

The individual who contributed most to incite him to persevere in the undertaking was Phineas Miller, Esq. Mr. Miller was a native of Connecticut and graduate of Yale College. Like Mr. Whitney, soon after he had completed his education at college, he came to Georgia as a private teacher in the family of General Greene, and after the decease of the general he became the husband of Mrs. Greene. He had qualified himself for the profession of law, and was a gentleman of cultivated mind and superior talents; but he was of an ardent temperament, and therefore well fitted to enter with zeal into the views which the genius of his friend had laid open to him. He had also considerable funds at command, and proposed to Mr. Whitney to become his joint adventurer, and to be at the whole expense of maturing the invention until it should be patented. If the machine should succeed in its intended operation, the parties agreed, under legal formalities, “that the profits and advantages arising therefrom, as well as all privileges and emoluments to be derived from patenting, making, vending, and working the same, should be mutually and equally shared between them.” This instrument bears date May 27, 1793, and immediately afterward they began business, under the firm of Miller & Whitney.

An invention so important to the agricultural interest, and, as has proved, to every department of human industry, could not long remain a secret. The knowledge of it soon spread through the State, and so great was the excitement on the subject that multitudes of persons came from all quarters of the State to see the machine but it was not deemed safe to gratify their curiosity until the patent-right had been secured. But so determined were some of the populace to possess this treasure that neither law nor justice could restrain them — they broke open the building by night and carried off the machine. In this way the public became possessed of the invention; and before Mr. Whitney could complete his model and secure his patent, a number of machines were in successful operation, constructed with some slight deviation from the original, with the hope of evading the penalty for violating the patent-right.

As soon as the co-partnership of Miller & Whitney was formed, Mr. Whitney repaired to Connecticut, where, as far as possible, he was to perfect the machine, obtain a patent, and manufacture and ship for Georgia such a number of machines as would supply the demand.

Within three days after the conclusion of the co-partnership, Mr. Whitney having set out for the North, Mr. Miller commenced his long correspondence relative to the cotton-gin. The first letter announces that encroachments upon their rights had already commenced. “It will be necessary,” says Mr. Miller, “to have a considerable number of gins made, to be in readiness to send out as soon as the patent is obtained, in order to satisfy the absolute demand, and make people’s heads easy on the subject; for I am informed of two other claimants for the honor of the invention of cotton-gins, in addition to those we knew before.”

On June 20, 1793, Mr. Whitney presented his petition for a patent to Mr. Jefferson, then Secretary of State; but the prevalence of the yellow fever in Philadelphia — which was then the seat of government — prevented his concluding the business relative to the patent until several months afterward. To prevent being anticipated, he took, however, the precaution to make oath to the invention before the notary public of the city of New Haven, which he did October 28th of the same year.

Mr. Jefferson, who had much curiosity in regard to mechanical inventions, took a peculiar interest in this machine, and addressed to the inventor an obliging letter, desiring further particulars respecting it, and expressing a wish to procure one for his own use. Mr. Whitney accordingly sketched the history of the invention, and of the construction and performances of the machine. “It is about a year,” says he, “since I first turned my attention to constructing this machine, at which time I was in the State of Georgia. Within about ten days after my first conception of the plan I made a small though imperfect model. Experiments with this encouraged me to make one on a larger scale; but the extreme difficulty of procuring workmen and proper materials in Georgia prevented my completing the larger one until some time in April last. This, though much larger than my first attempt, is not above one-third as large as the machines may be made with convenience. The cylinder is only two feet two inches in length and six inches diameter. It is turned by hand, and requires the strength of one man to keep it in constant motion. It is the stated task of one negro to clean fifty weight — I mean fifty pounds after it is separated from the seed — of the green-seed cotton per day.” In the same letter Mr. Jefferson assured Mr. Whitney that a patent would be granted as soon as the model was lodged in the Patent Office. In mentioning the favorable notice of Mr. Jefferson to his friend Stebbins, he adds, with characteristic moderation, “I hope, by perseverance, I shall make something of it yet.”

At the close of this year (1793) Mr. Whitney was to return to Georgia with his cotton-gins, and Mr. Miller had made arrangements for commencing business immediately after his arrival. The plan was to erect machines in every part of the cotton district and engross the entire business themselves. This was evidently an unfortunate scheme. It rendered the business very extensive and complicated, and, as it did not at once supply the demands of the cotton-growers, it multiplied the inducements to make the machines in violation of the patent. Had the proprietors confined their views to the manufacture of the machines and to the sale of patent-rights, it is probable they would have avoided some of the difficulties with which they afterward had to contend. The prospect of making suddenly an immense fortune by the business of ginning, where every third pound of cotton (worth at that time from twenty-five to thirty-three cents) was their own, presented great and peculiar attractions. Mr. Whitney’s return to Georgia was delayed until the following April. The importunity of Mr. Miller’s letters, written during the preceding period, urging him to come on, evinces how eager the Georgia planters were to enter the new field of enterprise which the genius of Whitney had laid open to them. Nor did they at first, in general, contemplate availing themselves of the invention unlawfully. But the minds of the more honorable class of planters were afterward deluded by various artifices, set on foot by designing men, with the view of robbing Mr. Whitney of his just right.

Charles W. Dabney begins here. Robert B. Handy begins here. Denison Olmsted begins here.

More information here and here, and below.

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