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tion to Mr. Ogden's. The assertion, therefore, in my Letter, is literally true, "that you ap❝peared, and acted, and were heard, night after night, before the Committee;"-although I owe it to myself, to say, that I should not have expressed myself in such positive terms, had I not believed, when I addressed you, that more time had been occupied in the hearing before the Committee, than now seems to have been the case. But whether the discussion on both sides was concluded on the second evening, or protracted, as I think it was, on the part of Colonel Ogden, to a third,-still, Sir, you were present at every meeting of the Committee, except when they privately consulted upon the measures proper for them to recommend; and you might, at any moment, before they brought up their Report, have obtained a rehearing, had you either requested it of them, or applied for it to the House.

The Report was deferred, until after the expiration of that period, within which you had stated Mr. Fulton might be expected in Albany, and no remonstrance was interposed in his behalf, for two days afterwards;-when that time had elapsed, you then presented, under your own signature, but in the name and behalf of Messrs. Livingston and Fulton, (a form in which you might sooner have addressed the House, had you thought it necessary.) the Memorial, of which a copy is inserted in your Pamphlet.* This document you take the pains to transcribe at length, in order to corroborate your statement; but, surely there is nothing in it to contradict. or invalidate mine? The only exception taken in it

* Colden's Vind. p. 66.

to the Report, is, to use your own words and not those of the Committee, that it "suggests, that the "Laws making the grants to Robert R. Livingston "and Robert Fulton, were obtained on false sugges"tions." You allege truly, that "this is a fact which "must depend on testimony;"-and you aver, that the Committee, "although they heard Counsel, had not "and could not have heard any testimony by the claim"ants on this very important point." This testimony you represent to be in the possession of Mr. Fulton! but without explaining whether any measures had been taken to procure his attendance, at the time. you assured the Committee," he would be immediately sent for," you inform the House, generally, that an express had been despatched for him, and suppose, that he would be in the city by the middle.

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of the next week." You do not pretend, Sir, in this Memorial, that the Counsel heard by the Committee, had confined themselves to fruitless solicitations for delay, nor complain, that your earnest entreaties for a postponement, had been rejected;"-but merely pray, that the consideration of the reported Bill might be deferred," to give time for the arrival, "of Mr. Fulton, and that then Counsel might be "heard" in his behalf" at the bar of the house."

Thus, then, although you state in your " Vindication," that you assured the Committee on the 25th of February, that Mr. Fulton would be immediately sent for, and requested a few days delay, until he should arrive in Albany, where he might soon be expected; although you there allege, that he was a material witness to prove, that Mr. Livingston's principles were as new and as advantageous as he had

represented them to be;-yet, in your Memorial, you admit, that on Thursday the 18th of March, an express had just been sent for him, and that his arrival was not expected until the middle of the next week; and you confess, moreover, that the Committee could not have heard his testimony upon the point in question. When this remonstrance was read and acted upon in the House,-I was, indeed, present in my place, as you have thought proper, Sir, to remark, and notwithstanding you suggest, that "it would unquestion"ably have been noticed by me, if it had contained "any misrepresentations;" I did not, I must confess, from its contents, perceive the necessity of paying any other attention to it, than merely to express on the part of the Committee, their perfect acquiescence in granting the indulgence asked for.

Mr. Fulton was accordingly sent for, and attended in company with Mr. John R. Livingston, whose presence, for a reason known to yourself and Mr. Emmet, was also deemed important; and Counsel reanimated by fresh retainers, were heard in opposition to the Report at the Bar of the House; whilst the parties themselves, and their subordinate agents, attempted to gain a hearing out of it. I believe, Sir, there were some puppets played off upon both sides, and if my recollection serves me, Mr. Fulton appeared infinitely the more expert at managing the wires. But, neither he nor any other person was examined as a witness, and no evidence of any sort was offered in relation to the "new and advantageous " principles of Mr. Livingston," except the affidavit of Stoudinger, by which it most unfortunately appeared, that this plan, consisting of horizontal wheels

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below the water, had actually failed. Models were exhibited, and arguments used, to prove that Mr. Fulton's Boat differed essentially from Mr. Fitch's, and that Dod's improvements were neither valuable nor original ;—but, no testimony, Sir, was adduced upon these, or any other of the points in controversy, to impeach the statements or invalidate the opinions of the Committee.:-and, permit me once more, Sir, to remind you, that the House sanctioned their Report, and passed a bill which they had recommended for adoption; notwithstanding you wind up your narrative of these proceedings in your "Life of Fulton," with the triumphant exclamation," that the Legisla“ture refused to repeal the prior law, or to pass any "act on the subject!"* Yes, Sir, the first clause of the Bill was eventually rejected in the Senate by a majority of one vote! but as the question was taken immediately after one of the entertainments prepared for the occasion, on board the PARAGON, it was supposed not to have been properly understood.Constricta jam omnium horum conscientia teneri CONVIVIA tua, non vides? Quid proxima, quid superiore nocte egeris; ubi fueris; quos convocaveris; quid consilii ceperis ; quem nostrum ignorare, arbitraris?

But you are still more unlucky in the other circumstance which you adduce, " to remind me of the " earnestness with which the Committee were press"ed to wait for Mr. Fulton," and to shew the necessity there was for his attendance, a circumstance to which you also refer," as an evidence of that con"cealment and want of candour in my references

* Vide Life of Fulton, page 246.

"and quotations, of which I had so frequently and "unreservedly accused you."* I will not now stop to inquire, against which of us this charge may be most easily established;-but shall content myself with this simple observation, that if, on my part, I have practised any concealment whatever, it was from motives very different from those which you ascribe to me ;--from motives of forbearance to your deceased friend, of which the influence is at length overpowered by the urgency of self-defence.

I well remember, Sir, that Mr. Ogden produced to the Committee, a volume of Charnock's "History of "Marine Architecture," which he put into my hands, "whilst he read from what he professed to be a copy "of Mr. Fulton's Patent," precisely as you have stated it. But in regard to every other material circumstance, which then took place, I owe it to my own character, to declare, that your representation is erroneous and deceptive:-That memory, Sir, upon which you have relied, with such implicit faith, may possibly have deceived you; but it is to be regretted, that you did not repose equal confidence in written documents and public records. These, Sir, would have shewn, that you were mistaken, not only as to the object for which the work of Charnock was introduced, but in regard even to the contents of Mr. Fulton's Patent.

The assertion of Mr. Ogden was, that the principles and definitions inserted by Mr. Fulton in his specification, and upon which his tables were constructed, and his calculations founded, if not the very tables and calculations themselves, had been trans86. † Colden's Vind. p. 68.

* Vide Golden's Vind. p.