II ILLS no ROUGH, N. C.
PI BLISHFD \Y KF.KLT
BY DENNIS HE\RTT,
at I'HHKK DOLLARS a YF'M, payable
II \ LF YEAKLY IN ADVANCE.
Those who do not f?ire notice of their wish
to have their paper discontinued at the expi
ration of their year, will he presumed as de
sirinc its continuance until countermanded.
Whoever will guarantee the payment of nine
paprr*. shall receive a tenth gratia.
\d- ertisements not exceeding fourteen line*
u ill hr inserted three times for one dollar, and
tw. nn-five cents for each continuance.
Subscript inna received by the prints, and
mus of the p >st -masters in the state.
Mi lei tern upon business relat ive to the pa
per ni<ist l?e post-ptid.
?,* Gentlemen of leisure, who possess a
tive i'o- literary ?Mirs<tit?, arc Invited to favour
us with communications.
C\8H
VTTll. BF. GITF.V
Tor e\tau OVA TUVASS
October 1* 3*
.VO T YU fc.
firm of h It. .tLSOHRUOJC a Co.
1 Itavinf fur ????inc time b: e ? i!isM>lvrd,
?h<<*f .ndehted by nole or account, will do
v < !l to call ami nettle a-> soon as possible, at
r.a linger indulgence can br *;tvi-?i.
l)u\ id IS. A I sob rook.
HilKborouph, ? 'ctnlier 10 35?
JS'otice itf hereon gir'cn,
TIIA1 an election will be held on Thurs
day ti e 9th da\ <?l" NuVetnber next, a*
the court !xHi?e in llitlsbor<>u^lil an? 1 the se
veral places lor holding elections in Orarg.
CMi ity, tor the purpose of choosm-/ Kl< ctors
to vn t t'.>r Prisi.i.'ii! ?<nd Vice president ot?
t !ic United Sta'es for the four \e?r? ensmng
th- touih of March mtt. A li those having
the right of suffrage are r? q'K?ied to attend.
Thomas Clancy, Sheriff.
Hillsborough, October 9. 35 ?
C.iVALR Y OK VERS.
TIIF. Troops attsclied to the Hlisbor?>ugh
and llau-Fitkl- rrfim n * will ap|H-ar,
equipped agr eably to taw, at regimental mus
ter, at ten o'cl ck on the 27th instant, at tl?e
hi its.- of John l>?ng, esq.
R) ord-r of the lieutenant ColoneL
Thomas Bilbo.') . .
John C. Jtawr/.S
October 9. 35 ?
WAT .NYA.VYSVACTOIVX.
?Yo. lS2i
Market Street. Philadelphia.
FI^IIF. subscribe"* Itavmc broneht to perf c
X -.ion their newly discovered reon??m.ral
tl A I >, which the* can atford at Hm < dollars
a" I Hf ? y cents, now o'Ter tliem to the public
to test >h"-ir improvm* nt.
Be nj; con se mis th^t ih*\ h^*e arrived to
th.it tlc^rfc in the art .1 ti n M u. if curing
which ?? the true Fr.mlut F.ro'i with' *y!r,
are willing to biaard t?i?*u future ir ?? j > ; r ? \ .
In ? he sample no* nffm il to the poMic.
0 c tr.al of the $3 i'J H.?t* will doubtless
e.tahlist) the far. in the mini'a of ttiC eiti/.,ns
of Plrladi Ipb'ft, that the^ tand ur iva!'e>l for
r thmi/mi'nn, tirl bfr fy,snd are j ist!\
f i.trd d to the favorable appellation ot frank'
'in, t?? whoar frt/vj >nJ .nvcnlinn we t>uc mi
ITur li.
Ttiey >No ofT. r to the pihbe, th-ir Sn[>rr.
f.y\ c ff'.iV'" licwrv*, nf tlir best qialiH,
a ul nt. west fashion u.il ' o* ?iiiijec to fade and
bccome M?\y, as Watt r IVuots generally arc.
Vlso, a ft n ral as-or i incut i<| I 'rah HfiVcri,
Cas.ois, l!'ir>iiii, \ouWis* ? id children's tints,
c uldivii't tanc* llaisnud Ji>ck tea, ladies" Ilea
ve-s. trimmed ?:? nti'rimmed
H ittt i s .sitp; |,c?. Willi li i.?!.? d n.- unfiuislird
Hats.
Hf?P"kp l :its made turret ald? to direction*
and at thf shor est uoife.
Ihisiifct en desenpt ton, m.itiu'actnrf d and
s'iM, wtioleaale an I reta-1, ? t> tl. * u>'>st rea-?oii.
able terms
All orders thankfully received, and att. i <1
r<l to with d sp.itrh.
C.liri I O. V. No hat? are lb'- ijenuine patent
Frutikl..i htit<? l>ut those nianuii'rtuitd anil ?old
bv u? a il out agents, in.d have tnir statnp in
tt.i u?. T in.,' who mi*Ii to purchase, cannot be
**> particular.
It ft tiki n L* Voicle.
I'Mladclphia, Sepu rnoer, 1^20 35? 3ut
C^T> WA\vwh UeviwA.
SrOl.KA out ol the siihscribi i '? Stable, ou
the mght nt thr 24ili instant, living n
Minllonl County, N (J a black Horse, ab"iit
n'teen and ? hulf h in<U high, rising seven
>e?rs old, mirked with a small atar on his
forehead, large mane on both s des oi Ins
"rck; one hind foot white, lint recollected
which; trots and paces I have ever rt a-on
fo he!ic\e the horse was stolen, and will gi?i
the ahtive r? wnrd for the apprehension ol tiie
tine', or a gem roti*. rtwatil w(|| be jfiven l'ir
?Uiy iutoi'iiiatiuii ol *,c horse no tluit I gel him
John Smi>h.
r.uiin.rd, X. C Sept. 2H. 34? 3w?
NOTICK.
rpllF. enpsrtnership of JOILY It CCM
I .MIA 7. if Co. havtug been dissolved,
Ml {> t sous arr hire by notified to call and set
tit ih. ir accti'intt with l.eorge VV llr.iCe, who
'* herein fully atithorised to settle the same
*t.?i gr.mt disc targe* accordingly.
John li. Cii mining & Co.
Hillsliorou^b, Sept. !>'<. 33? ?3w
? *
xotyv:^
AT August term of Orange County Coun
of fleu arvl Quarter Sessions, ulmi>
lustration of U?e goods and chattels, rights
ami credit*, which were of THEitHHlLUS
THOMPSON, deceased, was granted to the
subscriber, who then qualified HCCurdin^ to
law; All persons indebted to said estate are
requested to come forward imt. eibstelv and
. settle their accounts; and those having claims
against said estate are requested to present
them for settlement within the time prescrib
ed bv law, other* ise this advertisement will
be pleaded n bar of a recovery.
Tlios. N. S. Ilargis, Jidmr.
77. . 34?
.YOTYUR.
A 1.1. persons indebted to the estate of cap
tain John T. Hay,d> ceased, are request
ed to make pay mi tit without delay; and -hose
having claims against the same to present
them well authenticated for settlement with
in the tiine p- escribed by law, otherwise this
notice will he piead in bar of recovery.
JOHN M'CAULY, Jdm'r.
S*pt. 16. 1820.
33? 3t
\\ \HsYmr vm?\\ .\cftv\emy.
''pllK exercises in this institution will be
X resumed on th? firsi Monday in July.
J. WitUerspoon, Principal.
Jnn~ 7. . 18? tf
' subscriber* have for tale at tlieir
X shop in Hillsborough,
A number of Wagons, both
larj;e and tfttiatl,
which they will dispose of chtap for cash, or
on a short crcdit
You ng ?5 Turner.
Xj* The editors of the Raleigh Minerva,
Star and Rrpitcr, and the Milton Intelligen
cer, will oe pica set I to in*ert the above for
Three wceky, and forward their account* to
thi* office f?<r act tic men t. Y. & T.
*>cpt. 2o. 33 ?
Valuable Land
FOR S.ILE.
tAM tie?'.?*ou>? 01 if.i.ovnp to tl,c writrin
country, and wish to sell the land where
on I mm live, v(z.
Two Hundred Acres.
the ?oil tq.ial lo an\ in this section of the
country, adapted to the cohort- of all kinds
of gra^e; on wh ch is a comfortable dwelling
house, with useful out houses. I will sell at a
fair price, aivt make the payments as acco?n
modving a> po-s.ble to the purchaser. Thijse
who w.sh tn purchase a good bargain- would
d i w? 11 'o come and < the premises, ten
miles norih-ti?st of Hillsborough.
James Uobinson.
St p. 13. 33? 3w
FOR SALE,
A handsome mahogany
Secretary,
Apply at this Office.
Hillsborough, Sept. 6. 31?
FOR SALE
A haniKome sit nation adjoining the
town of fltilsboroni;li.
ON' which is a good two s'ory dwelling
house ; also a good kitchen, smoke
h"ii*e. ilairy, and ".table *l"l?e buildings arc
all new. For terms inquire of
The Printer.
A lirst-rate work Horse may
be had on good terms.
Inquire as above.
Sept. 1 1. 3 2 ? tf
II? V AT VOWS klllAs,
for s.ile at thi? office.
Among which are.
Justices* Warrsnts, i n^il Bonds,
Executions, r Appeal bonds,
C?. Sa. J Itecogni/aitce,
Rvl Warrants, J Guardian's bonds,
Afachments, 5 t onstable's band*,
Urns, superior and J Witness* tickets, su
count) coin ., > '.??nor and county
Ktecm ions. do. j court,
?Vubpiitr as, do. 5 Juror's tickets, do.
.VtieriH '? l>?ed., S Indictments,
I'losecuuoii Honds, j (Commission*,
M ?rn.ige bonds and > hxecntions for militia
licences, J fines, &c.&c.
Valuable Land
ran sale.
rl ",IIK m>l>s< r ber ofTers for sale a tract of
I L.oid, lying immediately on Tar river,
adjoining the 'own lots of Laiuisburg (Frank
hn court house), Containing
One Hundred and Eighty
Acres;
which land is of a superior quality, indrpen
dent of i's connection with ??aid fhwn, und
may be seen by applvink: to Mr. Daniel Shines,
who resides on it. The payment would t>c
made easy to the i>'trrha?< r, and terms known,
l?v addressing h letter 'o the subscriber, \li*
reeled to Cochran's Stor. p-nt office, Perijin
county, which will be attended to.
Nathaniel Norfleot.
Person County, ?h<g i*? 3U^-4|v
[published bi bluest.]
Monticello, August 13th, 1813.
sin.
Your letter of August 3d, asking
information on the subject of Mr. O.iver
Evans'* exclusive right to the us* of
a hat he calls his Elevators, Conveyers
and Hoppcrboys, has been duly received.
M> wish to *e? new inventions encou
rag ml, and old ones brought again into
useful notice, has made me regret the
circumstances which have followed the
expiation of his first patent. I did not
expect the retrospection which has been
given to the ' -viving law; for although
the second proviso seemed not so clear
as it ought to have been, yrt it appeared
susceptible of a just construction; and
the retrospective one bring contrary to
natural right, it was understood to be a
rule- of law, that where the words of a
statute admit of two const i uctions, the
one just and the other u.just, the lor
incr is to be Riven them. I'm first pro
viso takes care uf tl>o>< ? ho had law fu.
ly used Evans' impiovcments under he
first patent; the second was mi ant fur
those who lisd lawfully erected and us
ed mem alter thai patent ? xpired, de
claring they "should not be liabu to I
damages therefor/' Th se worus n a>
indeed be restrained to uses alieady past;
but as there is parity 01 reason for those
to come, there shouio be painy ol law.
Every man shoul . be protected in his
lawful a< ts, and be certain that no ex post
tacio law shall punish or endamage nim
for them. But he is endamaged if foi ?
bidden to use a machue lawlully erect
ed at considerable expense, unless hr.
will pay a new and umxpectid price
lor it. The proviso &ay?>, that he who
erected and used lawfully shall noi be
liable to pay damages: but if the provi
so had been omitted, would not the law,
ccnsiiued by natuial equity, have said
the same thing? In trutn, both prov.sos
are useless. And shall useless provisos,
inserted pro majori cautcla- only autho
rise inferences against justice? The
sentiment that ex p?JSt facto laws are
against natural light is so strong in the
United States, that few, if any, of the
state c< nsiitutions have failed to pro
scribe them. The federal constitution
indeed interdicts thi m in criminal cases;
and the omissioi? of a caution which
would have been r?>;ht dors not justify
the doing what is wion^; no: ou^lu it to
be presumed, lhat the legislature meant
to use a phrase in in unjustifiable sense,
if by any rulrs of construction it can be
even strained to what is just. The law
books abound with si** ilar instances of
the public integrity. Laws moreover
abridging the nam*, a! ri^nts of the citi
zen should be restrait rd by rigorous
constructions within their narrowest
limit*.
Your letter, howevtr, points to a much
broader question, whe her what have
received !rom Mr. Evans the new ana
the proper name of Elevators aieof his
invention: b( cause, if they are not, his
patent Rives him no right to obstruct
others in tr.e use of what they possess: d
before/ I assume it as a lemma, that it
is the invention cf the ' machine itseli
which is to give a patent right. and not
i he application of it to any particular
purpose of which it is susceptible. If
one person invents a knife convenient for
pointing our pens, another cannot have
a patent ri.f.t for the same knife to point
our pencils. A compass was invented
for navigating the sea; mother could
not have a paent right for using it to
survey land. A machine for threshing
wheat ''as heen invented in Scotland; a
second person cannot get a patent right
for the same machine to thresh oar#; a
third ryr; a fourth firas; a fifth r/ovrr,
See. A string of buckets is invented and
used lor raising water, ore, See. can a se
cond have a patent right to the same
machine for raising wheat, a third oats,
a fourth rye, a fifth peas, 8tc.? The ques
tion then whether such a string of buck
ets was first inv nted by Oliver Evans,
is a mere question of fact in maihema*
tical his'ory. Now turning to such hooks
only as I happen to possess, I find abun
dant proof that this simple inarhinery
l>as been in use from time immemot ial.
Dor.toi Shaw, who visited Egypt and
the Barbary coast, in the years 1727-8,9,
in the margin of his map of Egypt,
gives us the figure of what he call* a
Persian wheel, which is a string oi round
cup, or buckets, hanging on a pulley,
over which they revolve, bringing up
water from a well, and delivering it into
a trough above, lie found this used at
Cairo, in a well 264 feet deep, which
the inhabitants believe to have been a
work of the patriarch Joseph. Shaws
travels, 3*1 Oxford edition of 1738, in
folio, and the Universal History, 1. 416
speaking of the mmncr of watering the
high lands in Egy?t, says?" Formerly
they made use ol ArchimedcH* Screw,
thence named the Egyptian Pump; but
they now gcncrnllf use Wheels (VVal
lowers) which cany a rope or chain ol
e.arthen pots, hiding about 7 or 8
quarts a piece, ami draw the water from
the canal*. Thert arc besides, a vast
t
number of wells in Egypt, from which
the water is drawn in ihe same mannei
to water the ga<d< ns and fruit trees; sc
that ii is no exaggeration to say, that there
are in Egypi above 200, OOO oxen daily
employed in this lalwur." Suaw's name
ofPeisun wheel has since been given
more particularly to a wheel with buck
ets, either fixed or suspended on pins at
its periphery.? Mortimer's Husbandry,
I. 18, Duhamel, V. Fercusoi.'s Mecha
nics, plate 13. But his figure, and the
verbal description of the Universal His
toiy, prove that the string of buckets is
mrant under that name. His figure dif
fers from Lynns' construction in the cir
cumstanccs of the buckets being round,
and strung through their bottom oi. a
ciiam; but it is th. principle; to wit, a
string of buckets, which constitutes tk.e
inven ion, not the form of the buckets,
round, t-quarr oi hexagon; not" the man
lier of attaching them, nor the material
of the connectiim hand, whethei i hai'i,
rope or lea her. Vitruvius, L. X.c. 9.
de-c>i>es this machinery as a wuidLss,
on wich is a chain deso ndin* to the w;?
ter, with vessels of copper attached to it;
tne windlass b. ing turned, the chain
Siting on it wjIi rai^e the vessels, which,
in p. s??ing over tne windlass, will empty
tne water they have brought up into a
rt servoir: and Fer <tUit, in his e dition ol
V'ii uvius, Pari-., 1684, folio, plates, 61,
62, gives u* three fornix of thesr water
elevators, tn "ne o' whi'h the bu? kt is
arc square, as M>. Evans' are. Bossut.
Histoiredes Math? matiques, I. 86, says,
?* The dium wheel, the wheel with hue
kets, ,.nd the ehufirlett , are hydr.ultc
machines, which come to us from the
ancients; hut we are ignorant of the time
when they be^an to be put into use."
The chafitleta are the revolving band of
buckets, uhicii SI. aw calls the Persian
wheel, the moderns a chain pump,
and Mi. Evans elevators. The next of
my books, in which I find these eleva
tors, is Woli's Coursde Mathcinatiqucs,
I. 370, and plate I, Paris, 1747 ? 8vo.
Here are two forms; in one of them the
buckets art squar? , attached to two
chains, passing over a cylinder ;r wal
lower at top, <nd under another at bot
tom, by wnicntuey ate mad. to revolve.
It is a nearly exact representation of
Evans* elevators. But a more exact one
is to be seen in Dcaagulicr's Experi
mental Philosophy, II. plate 34. In the
Encyclopedia de Diderot et D'Aiembert
8 vo. edition de Lausanne, 1st. vol. of
piates, in the four subscribed Ilydrau
liquc, noria, is one, where round cai th
en p"ts at e tied by their collars, be
tween two endless ropes, suspended on
a revolving lanthern or waliower; this is
said to have been used for raising ore
out ol a mine. In a book which I do not
possess, " L'Architecture Hydraulique
de Bt'lidor, the II. vol. cf which is said
^De La Lai.de's continuation of Mon
tucia's Historic- dvs Mathematiques, 111.
7 1 lj to contain a detail of all the pumps,
ancient and modern, hydraulic machine',
fountains, wells, Stc. 1 nave no doubt
this Persian wheel, chain pump, chape
lets, elevators, by whichever name you
choose to c.ill it, will be found in various
forms. The last book I have to quote
for it is Proney's Architecture llydrau
licjue, I. advcit scineiit VII. af.fi ?643,
649,-659, in the latter ol which para
ges he observes, that the first idea which
occurs lor raising water is to lift it in a
bucket by hand; when the water lies toe
deep to be rcachcd by hand, the bucket
is suspended by a chain and let down
over a pully ot windlass: if it be desired
to rai?e a continued stream of water, the
simplest means which offers itscll to the
mind is to attach to an endless chain or
cord a number of pots or buckets, sc
disposed that the chain being suspended
on a lanthern or wallower above, and
plungrd in water brow, IjC buckets
may descend and ascend alternately,
filling themselves at bottom, and empty
ing at a certain height above, so as tc
give a constant stream. Some years be
fore the date of Mr. Evans' patent, a
Mr. Martrn of Caroline county, in this
state, constructed a drill p'ough, in
which he used the band ol buckets foi
elevating the grain Irom the box into
the tunnel which let them down into the
furrows: he had bands with different
setts ol buckets, adapted to the size ol
peas, or turnip seed, Sec. 1 have used
this machine for sowing benni seed also
and propose to have a band of buckets
for drilling Indian corn, and another for
wheat. Is it possible that in doing this
I shall infringe Mr. Evans' patent? That
I can be debarred of any use to which 1
might have applied my drill when 1
bought it by a patent issued after 1
bought it.
These verbal descriptions applying st
exactly to Mr. Evans* Elevators, am
the drawings exnibiten to the eye, flasl
conviction both on reason and the sensei
that there is nothing new in thene < le
vators but their being strung togctht i
by a strap ol leather. If tins strap o
leather be an invention entitling the in
ventor to a patent rigi.t, it can only ?x
tend to the strap, and the use of tin
string of bucket* must remain free to b<
_
connrcted by chains, ropes, a strap ? f
licmpcn girthing, or any other substance
except leather; but indeed Mi*. Martin
has before used the strap of leather.
The screw of Archimedes is as an
cient at least as the age of that mathe
matician, who <tird more than 2000
years ago. Diodorus Siculus speaks of
it, lih. 1, page 21, and lib. 5, page 217,
of Stevens* edition of 1559, folio, and
Vitruvius, X. !!. The cutting of it*
spiral worm into sections, for conveying
flour or grain, se?-ms to have been en
invention of Mr. Evans*, and to be a fair
subject of a patent ri^ht, but it cannct
take jway from others the use of Ar
chimedes* screw, with its perpetual spi
ral, for any put ^o^es of which it is sus
ceptible.
The Hoppe rbojr is an useful machine
and as far a? I know original.
It has been pretended by some (?rd
in Knjrland especially) that inventors
have a natural and exclusive right to
their invci tions; and not merely for
their own lives, but inheritable to then
he irs: but wuile it is a moot question*
whether the origin of any kind of pro
perty is derived from nature at all, it
would be singular to admit a natural,
and tven a hereditary right to inven
tions. It is agreed by thotc who have se
liuuslv considered the subject, that no
individual has, of natural right, a sepa
rate prope-.ty in an acre of land: for in
stance, by an universal law, indeed,
whatever, whether fixed cr moveable,
belongs to all men equally and in com
mon, is ihe property for the moment of
him who occupies it;' but when he le
linquishes the occupation the proper y
goes with it. Stable ownership is the
gift of social law, and is given late in the
P'ogress of society: it would be curious
then if an idea the fugitive fermentation
of an individual brain, could of natural
right be c aimed in exclusive and stab.e
property, if nature has made ^ ^
thing less susceptible than all others of
exclusive property, it is the action of the
thinking power called an idea; which
an individual may exclusively posses*
a* long as he keeps it to himself, but
>e moment it is divulged it forces itself
nto the possession of every one, and the
receiver cannot dispossess himself of it.
Its peculiar character too is that no one
possesses the less because every other
possrs.es the whole of it. He who re
ceives an idea from me receives instruc
tion himself Without lessening mine; as
he who lights his taper at mine receives
hght without darkening me. That ideas
should freely spread from one t , ano
ther over the globe for the moral and
mutual instruction of man, and improve
ment of his condition seems to have
been peculiarly and benevolently de
signed by nature when she made them,
like fire, expansible over all space, with.
rtS<r V"* -he.ir t,rn,i'3r *n any point;
and like the air in which we breathe
^'r HaVc ?Ur Phy4ical ''eing, in
capable of confinement or exclusive ap
propriation. Inventions then cannot in
nature bo a subject of property. Society
may give an exclusive right to the pro
fiis arising from them as an encourage
ment to men to pursue ideas which m .y
produce utility. But this may or may
not be done according to the will and
convenience of the society, withoilt
claim or complaint from any body. Ac
cordingly it is a fact, as far r.a I am in
formed, that Lngland was, until we co
pied her, the only countiy on earth
which ever by a general law <?ave a le
gal right to the exclusive use of an idea
In some other countries it is sometimes
done in a great case and by a special and
personal act; but generally speaking
other nations have thought that these
monopolies produce more embarrass
ment than advantage to society; and it
may be observed that the nations which
refuse monopolies of inventions are as
fruitful as England in new and useful
devices.
Considering the exclusive right to in
tention as given, not of natural riirht.
i. society, I know
well the difficulty of drawing a line be
tween th" things which are worth to the
public the embarrassment of an exclu
sive patent and those which are not. As
a member of the patent board for Seve
ral years, while the law authorised a
board to grant or refuse patents, I saw
with what slow progress a system of
neral rules couid be matured. S >me
however were established by that board.
?One of these was that a machine of
which we were possessed, might be ap
plied hy every man to any use of which
it is susceptible, and that this riKht ought
not i0 be taken from him and given to a
monopolist, because he first perhaps had
occasion to apply it. Thy* a ?rraw for
crushing pliwsier might He employed for
crushing corn cobs, and a chain pump
tor raising water miifht be used for rais
ing wheat? this bring merely a change
ot application. Another rule was that a
change of material should not give title
to u patent, as the making a plough
s are o! cast rather than of wrought
! uon; a comb of iron instead of horn or