1822 MEMORIAL

On 11 November 1822, William Symington wrote to James Walker, seeking his assistance to obtain remuneration from steamboat proprietors while pleading also for his personal financial support. James Walker (1781-1862) was an influential civil engineer who was involved with lighthouse construction and other maritime works of national importance. [1] He was born in Falkirk in 1781 and was educated at the parish school in Falkirk and at Glasgow University. In 1800 he left to commence an apprenticeship with his uncle in London. William Symington would have been well known to him. As a young lad, Walker may have witnessed the steam boat experiments on the Forth and Clyde Canal at Falkirk in 1789.

By 1822 William Symington had fallen on hard times and was reduced to a state of abject poverty. He had attempted to raise revenue in taking legal action against Henry Bell for infringing his 1801 patent but his action was dismissed. He attempted also to seek compensation from the Steam Boat Proprietors of Glasgow.  

A Select Committee of the House of Commons had been set up to enquire into steam boats, with Sir Henry Parnell as chairman. According to William Symington's biographer, Dr. Robert Bowie, [2] James Walker wrote to Symington advising him to have a memorial drawn up and presented to the Committee. However, the investigation had been terminated before Symington could make a response.

William Symington was in a sad state of utter penury when he finally wrote to Walker. He attributed his dilatory response to a "violent attack" of rheumatism. He had wanted to retrieve a patent drawing to support his memoir but his clothes were in such a shabby state that he was embarrassed to present himself at Edinburgh. He begged Walker for a small loan, but Walker's response is not known. His letter to Walker was accompanied by a collection of documents, including his "Authentic Account of the Origin, Progress & Utility of Steam Vessels", dated 1 November 1822. Walker sent a somewhat perfunctory note to James Watt junior, dated 4 December 1822, with which he forwarded Symington's documentation for Watt's further consideration. James Watt junior 1769-1848 was a partner in his father's company, Boulton and Watt, which became a major manufacturer of marine engines and Watt junior himself was a steam boat proprietor.

Whilst expressing concern that Symington was on the point of starvation, Walker also condemned him for "his love & devotion to John Barleycorn". However, according to Symington's biographer, Dr. Bowie, Walker was able to obtain a "small donation" from the London steamboat proprietors.

Watt penned a draft letter to Walker in December 1822 in respect of Symington and Miller's claims to be the inventors of steam navigation. Watt recorded his clear recollection of a conversation with Patrick Miller between 1800 and 1803 in which Miller affirmed that the application of the steam engine to drive the paddle wheels of his vessels was his own suggestion.  Watt stated that the use of the paddle wheel to propel ships dated from antiquity and could not in itself be considered an invention. He noted that the first mention of the application of the steam engine to move ships by their paddle wheels was made by Jonathan Hulls in 1737 but he believed it probable that the steam engine which William Symington built for Miller was the first actually applied to the paddle wheel. Watt had seen the remains of the Dalswinton steamboat and of the 1789 vessel. Presumably from Miller's account, Watt understood that both vessels had failed, largely from "the badness of the Machinery". No doubt he was also influenced by his father who told him in 1796 that Symington's engines were "bad ones". [3] This opinion is at variance with the glowing contemporary reports which had been published about the performances of both vessels on behalf of Patrick Miller. Watt's draft is incomplete and he does not appear to have taken the matter any further. All of these papers from Symington, together with Walker's note and Watt's response to Walker in draft form have been preserved in the Boulton and Watt Archive at Birmingham. [4]

WILLIAM SYMINGTON'S LETTER TO JAMES WALKER ESQR.

Dear Sir,                                                                              Falkirk 11th Novr 1822

         Being for some time very much harassed with a violent attack of Rheumatism prevented me from getting the History of Steam Packets drawn up so early as I could have wished, but it may still be in good time, and have every confidence, that under your friendly support, may be of some use in my present needy condition, and for your unmerited attention on this occasion, I cannot feel otherwise than greatly indebted. The original Drawing referred to, lies in Edinr but on account of the very shabby state of my Cloathing, [5] I could hardly appear among strangers there to procure it I am therefore under the painfull necessity of taking the liberty, at which I trust, you will not be offended to crave that you would be exceedingly Kind as favour me with an Advance of Five or Ten Pounds, which would relieve me from the above difficulties. & enable me to procure, in a decent manner, the Drawing & keep me alive till such time as some other relief may, by your humane endeavours, joined to those of others, be made to bear upon me. You may rest assured that whatever is now affording would be most gratefully replaced so early as in my power In hopes of hearing from you in course of Post

                                                                     I remain

                                                                     Your most obliged humble St

                                                                     (Signed) William Symington

WALKER'S NOTE TO JAMES WATT JUNIOR

Dear Sir,

         I send you Symington's papers; if there is any other document which he has & which you think likely to be useful to him – altho' he has been imprudent in his love & devotion to John Barleycorn, it is a pity that he should starve & I believe that he is not at present far from this.

         Try The orthodox wheel. [6]

         I have a letter from Mr Ewart [7] recommends his Cof:dams [8]  for the Haw  Bridge. [9]

         If I can introduce him it will give me pleasure.

                                                                     Yours truly

                                                                             J Walker

                                                         4 Decr 1822

Walker's note is addressed on the back to "James Watt Esqr", with Watt's annotation:

"James Walker London 4th Decr. 1822

with Mr Symington's Papers

Enquires my opinion of the Parson's Paddle with excentric motion

Mr Ewart has applied to him to use his Cofferdam att… Haw Bridge"

A SUMMARY OF THE DOCUMENTS SENT BY WILLIAM SYMINGTON TO JAMES WALKER, CIVIL ENGINEER

These documents are held in the Boulton and Watt Archive at the Wolfson Centre for archival research at the Library of Birmingham, Reference Number MS 3219/6/3/1/6

1. Letter dated Falkirk 11 November 2022 from William Symington to James Walker, requesting his assistance and financial aid.

2. Document "No. 2" Statement of expenses William Symington incurred in his steamboat experiments.

3.  Document "No. 3" Copy of the Carron Company invoice to Patrick Miller for the 1789 steamboat.

4. Document "No. 4" Account from James Gibson, Edinburgh lawyer, for the preparation and lodging of patents.

5.  Document "No. 5" Account of Gibson, Christie & Wardlaw for 1814 & 1815 (Boulton and Watt Archive MS3219/6/65/6a)

6. Document "No. 6" Opinion of John Clerk relating to the validity of the 1801 patent, with a brief comment made by Alexander Irving (Boulton and Watt Archive MS3219/6/65/5)

7. William Symington's "Authentic Account" dated 1st November 1822 (of his contribution to steam navigation), 7 pages; and a second copy, in a different hand but with the same content, 14 pages) (Boulton and Watt Archive MS3219/6/65/3

Together with the above are a brief note dated 4 December 1822 from James Walker to James Watt junior (Boulton and Watt Archive MS3219/6/65/5) and the incomplete draft response from Watt to Walker (MS3219/6/65/8).

TRANSCRIPTION OF WILLIAM SYMINGTON'S "AUTHENTIC ACCOUNT"

"Authentic Account of the Origin, Progress & Utility of Steam Vessels by William Symington Civil Engineer Falkirk, Edinburgh and his appeal for Remuneration for the Invention 1st Novr 1822

 Falkirk 11th November 1822

To the Owners of Steam Packets & others interested in Navigation by Steam, in the United Kingdom of Great Britain.

         Gentlemen

                     In consequence of a conversation I had in this Town, a short time since with James Walker Esqr Civil Engineer London, I have at his request drawn out the annexed authentic account of the circumstances with which I am acquainted, respecting an early history of Steam Vefsels.

                     It has only of late been found out that Jonathan Hulls of England is undoubtedly the first on record who in the year 1736 mentions the practicability of propelling Vefsels upon water by the power of Steam; but having no where given any specific account of its effects, We are led to believe that the scheme existed with him rather in idea than, in practice.

                     In July 1787 when I was in Edinburgh submitting to the Professors of that University and other Learned and Scientific Gentlemen there, a model of a Carriage, of my invention, intended to be moved upon Public Roads by the power of Steam, the late Patrick Miller Esqr of Dalswinton Dumfriesshire being informed of this by James Taylor, a Schoolfellow of mine, and at that time Tutor to Mr Miller's children, called upon me at the house of my most worthy Friend Gilbert Meason Esqr, where said model was then lying, which being particularly explained to Mr Miller he was pleased to say, it bid fair to improve greatly the Commerce of the Country by facilitating the conveyance both of Persons and Property, and at a much cheaper rate than by any other method hitherto in use, he also mentioned he had spent much time, trying how Vefsels might be propelled upon Water making use of Wheels in place of Sails or Oars. These wheels were turned by men applying their strength to a handle or winch or in some cases he proposed to make use of the power of Horses; but none of these he found capable to come up to the extent of his views. This being stated by Mr Miller it instantly occurred to me that such difficulties could be well removed by using a Steam Engine for the above purpose and communicate the rotatory motion by the alternate action of two ratchet wheels in the same manner as proposed in the model of the Steam Carriage then before him, which would render altogether unnecessary the aid of a Fly wheel, to regulate and equalise the effect of the Steam Engine, in turning the revolving Oars, which idea struck Mr Miller so forcibly, that he said he would have an experiment made upon a small scale, and that as soon as I could get it attended to and without giving any instructions whatever how to proceed, requested that I would do in it to the utmost of my ability, and in such manner as I judged most likely to produce the best effect. Accordingly in the Autumn of 1788 a Steam Engine having Two Cylinders of four inches diameter each making an eighteen inch stroke, was made agreeably to my particular order and constructed on board a small double keeled Vefsel then lying upon a piece of water near his house of Dalswinton which shewed such evident proof of its being likely to come up to our most sanguine expectations, We resolved to have another trial made upon a larger scale the ensuing Summer which was also done under my immediate direction, upon the Forth & Clyde Canal near Carron Iron Works, having on board Patrick Miller Esqr, John Adam John Balfour A. Tibbat & J. Stainton Esqrs Members of Carron Company and Said Mr Taylor and David Drysdale an experienced sailor, at that time acting Helmsman amidst hundreds of spectators, who with loud acclamation hailed us from the banks, while gliding along the Canal. The Steam Cylinders were Eighteen inches diameter making a three feet stroke, and propelled the Boat with considerable burden on board at a rate of five miles per hour, which held out large prospects of future succefs. The original Drawing of which, with an account of expence of making the Machinery &c exclusive of that of the Boat, attested by Joseph Stainton Esqr Manager for Carron Company are herewith produced.

                 Mr Millar then being very much engaged in improving his newly purchased estate in Dumfriesshire and I also employed to construct large machinery for the use of the lead mines, at Wanlockhead the idea of carrying the experiments at that time any farther, was entirely given up till meeting with the late Thomas Lord Dundas of Kerse, who wished that I would construct a Steam Boat for dragging vessels on the Forth & Clyde Canal in place of Horses. Agreeably to his Lordships request, a series of experiments, which cost nearly Three thousand Pounds, were set on foot in the year 1801 & ending in 1802 upon a larger scale & more improved plan, having a Steam Cylinder twenty two inches diameter & four feet stroke; a complete model of which, with a set of Ice breakers attached, may be seen, if not in Lord Dundas's house Arlington Street, in the Royal Institution London, which proved itself very much adapted for the intended purposes as will appear from the following simple yet authentic narrative. Having previously made various Experiments in March 1802 (REF The trial took place in March 1803; Dr. Bowie repeated this error in his 1833 Narrative. The correct date is given in the 1825 Petition)

at Lock No 20 Lord Dundas the great Patron and Steam Boat promoter, along with Archibald Spiers Esqr, of Elderslee, and several Gentlemen of their acquaintance being on board, the Steam Boat took in drag two loaded Vessels, Active & Euphemia of Grangemouth, Gow & Espline Masters, each upwards of Seventy Tons burden and with great ease, carried them through the Long Reach of the Forth & Clyde Canal to Port Dundas a distance of 19 ½ miles, in Six hours, altho' the whole time it blew a very strong breeze right a head of us, so much so that no other Vefsels could move to windward, in the Canal that day, but those we had in Tow; which put beyond the possibility of doubt the utility of the scheme, in Canals or Rivers & ultimately on open Seas; though in this state of forwardnefs, it was opposed by some narrow minded Proprietors of the Navigation, under a very mistaken idea that the undulation of the Water, occasioned by the motion of the wheel, would wash & injure its banks; In consequence the Boat was with great reluctance, laid up in a creek of the Canal, near Bainsford Draw bridge, exposed for years to Public view, where Henry Bell from Glasgow, who frequently inspected the Steam Boat at Carron in 1789, did also particularly examine this and afterwards in conjunction with other Gentlemen, in the year 1811 constructed the first steam Boat Comet to ply on the River Clyde which was soon followed there by many more, and its use is now rapidly extending to different Regions of the Globe.

                     When engaged in these last experiments I was called upon by Mr Fulton who very politely made himself known and candidly told me that he was lately from North America and intended to return thither in a few Months, but having heard of our Steam Boat operations, could not think of leaving this Country without first waiting upon me in expectation of seeing the Boat, and procuring such information regarding it as I might be pleased to communicate; he at sametime mentioned however advantageous such Invention might be to Great Britain, it would certainly become more so in North America, on account of the many extensive Navigable Rivers in that Country; and as Timber of the first quality, both for building the Vessels and also for Fuel to Engines, could be purchased there for a small expence he was decidedly of opinion, it could hardly fail, in a few years, to become beneficial to Trade in that part of the World, and that his carrying the Plan to North America, could not turn out otherwise to my advantage, as if I inclined it, both the making and superintendence of such Vefsels would naturally fall upon me provided my engagements with Steam Boats at home did not occupy so much of my time as prevent me from paying attention to those which might afterwards be constructed abroad.

                     Mr Fulton having thus spoken in compliance with his most earnest request, I caused the Engine fire to be lighted up and in a short time thereafter, put the Steam Boat in motion, and carried him from Lock No. 16 where the Boat then lay four Miles west the Canal, and returned to the place of starting, in one hour and Twenty minutes to the great astonishment of Mr Fulton & several Gentlemen, who at our outset chanced to come on board.

                     During the above Trip Mr Fulton asked if I had any objections to his taking notes respecting the Steam Boat, to which question I said, there none, as I considered the more publicity that was given to any discovery intended for general good, so much the better, and having the privilege secured by Letters Patent, I was not afraid of his making any encroachment upon my right in the British Dominions; tho' in the United States I was well aware I had no power of control. In consequence he pulled out a Memorandum Book, and after putting several pointed questions respecting the general construction & effect of the Machine which I answered in a most explicit manner, he jotted down particularly, every thing then described with his own remarks upon the Boat, while moving with him on board along the Canal, but he seems to have been altogether American, as notwithstanding his fair promises, I never heard any thing more of him till reading in a Newspaper, an account of his death.

                     From the above incontrovertible facts, which can be corroborated by a number of people of respectability, living at this day, it is very evident, that Commerce is not indebted to North America, for the Invention of Steam Packets, it being hereby established, beyond the possibility of doubt, to be truly British, both in idea & Practice, and that Mr Fultons Steam Vessel, did not make its first appearance on the Hudson River, earlier than 1806 0r 1807 four years at least, posterior to his having been on board the Charlotte Dundas Stream Boat & minutely examined it, when at work upon the Forth and Clyde Canal, and Eighteen years later than the date of the first experiments made by me upon Steam Boats, upon the Lake at Dalswinton, Dumfriesshire, in Great Britain.

                     When I was in London presenting to Lord Dundas the above mentioned model, his Lordship suggested the expediency of shewing it to his Grace the Duke of Bridgewater who he knew was both an ingenious and spirited Nobleman, and being Sole Proprietor of the Bridgewater Canal, if his Grace approved of the scheme, there was every probability of his speedily adopting such, in his own Navigation. Accordingly his Lordship called upon the Duke next morning told his Grace that I & the model were both in Town, and recommended that he would allow it to be brought up, for his examination, to which his Grace made the following reply. My Lord It is altogether needlefs for either you or I to amuse ourselves with any thing regarding Steam Boats, as I can well assure you they will never be made, to answer any usefull purpose, being a matter on which I have already bestowed much pains & been at considerable expence, but none of the Experiments have ever afforded the best hope for success; however being still inclined to see anything new on the subject, I have no objection to its being brought here, for examination. Accordingly next day I waited upon his Grace, shewed & explained the Model, when he thus declared "although till now I have been of different opinion " that such Vefsel then before him had every appearance of answering all the wished for purposes, and at same time added, although the paintings he had just now shewn me cost him upwards of One Hundred Thousand Pounds, he was in full belief, the advantage that Trade, at some period, would annually derive from the use of Steam Boats, would far exceed Ten times, the value of his unparalleled collection, and being thus convinced, of the fact, would at that moment, give me an order to make Eight such Boats, for the use of his own Canal, and passingly requested that I would begin and complete them, in the shortest time possible, which I most gratefully and willingly engaged to do.

                     With the prospect of this large & immediate introduction of Steam Boats in view, in obedience to his Grace's desire, I hurried down to Scotland, to finish the last essay, at that time only begun, but in a few months thereafter, to my great sorrow & disappointment, it was related in a Newspaper of the day, and the identical day, in which we closed our most satisfactory experiments, the much to be lamented death of that very worthy and enterprising Nobleman, which unfortunate and unexpected event, set aside all our arrangements, and put back the intended Establishment, of Steam Boats, upon a respectable scale in England, for at least Ten or Twelve years, to my great loss, and much more so, to that of the Commerce of the United Kingdom of Great Britain.

*                  Having spent a very great deal of time, besides exhausting all my resources introducing it, and having also procured His Majesty's Letters Patent which are dated 21st November 1801 for the Invention; I am sorry to say  altho' applications for redrefs have frequently been made to the Glasgow Steam Boat owners, they have hitherto withheld compensation, by which means, my condition in life has been very materially injured, and to extort any thing from them, by the effect of Law, is what I am neither able, nor much inclined to do. I have therefore resolved, to put my whole confidence for relief in the munificence of my Country, liberality of Proprietors of Steam Packets, and the feeling of others, well affected to Navigation by the power of Steam.

                                 I have the honor (to) be

                                             Gentlemen

                                             Your most obt humble Servant

                                             (Signed) William Symington

Appendix

                     And whereas several unpleasant accidents have occurred in consequence of too great an accumulation of Steam in the Boiler, at times when it was necessary to work the Engine, partially or stop its motion, tho' only for a short period; it has wisely become an object of particular enquiry to find out an infallible caveat against the possibility of any personal danger arising from the above cause.

                     For several Months back, it has occupied my serious consideration to modify the safety valve so, as to prevent with certainty the occurrence of such misfortunes, and when required am in readinefs to attend to the call of those particularly interested, to explain & put in practice, the necessary and much desired remedy, which will certainly be considered, a matter of the greatest importance to the utility and above all the Safety of Steam Navigation.

                                                                                                     W.S."

*Note in margin:

"Expence attending Experiments includg Cost of Patents for acct £2333..5..9"

WILLIAM SYMINGTON'S STATEMENT OF EXPENCES INCURRED IN HIS STEAMBOAT EXPERIMENTS

William Symington prepared an account on his own behalf to document expences he had incurred during the course of his steamboat experiments. He estimated that the experiments had cost him a total of £1237/7/3 (to which he added interest amounting to £1095/18/6!)

This statement implies that Miller did not reimburse William Symington for his work at Dalswinton. It is interesting to note that William Symington claims to have funded the building of the model steamboat which he demonstrated to the Duke of Bridgewater in July 1801. If the following data are correct, it appears that Dundas did not reimburse him for a number of trips he made on steamboat business to London and elsewhere.

No. 2

State of Expences in Account of Steam Boats Willm Symington Engineer

1788

Oct 1           To making Experiments upon SteamBoats at Dalswinton

                                 12 Weeks at 3 Guineas                                                       37.16.0

1789

June         " Meeting Mr Millar at Limekilns to inspect a Boat                      2.10 -

                     making drawings various Experiments &

                     personal attendance upon SteamBoat at Carron for 6 Mo                     75 - -

1801

May 1          " Journey to London to confer with Lord Dundas

                                             respecting SteamBoat                                              30 - -

Augt 1         " do to Whitburn, Sunderland, to lay the Steam

                                 Boat matter before Lord Dundas                                        12 - -

1802

June 1          " Making a compleat model of SteamBoat, conform

                     to a new Plan                                                                                  26 - -

                     Personal attendance on do 7 weeks                                                21 - -

July 1          Journey to London with model for inspection by Duke

                     of Bridgewater &c                                                                          30 - -

Aug 1          Patent Fees for SteamBoats per Mr Gibsons acct rend                  394 2 3

                     Meeting Lord Dundas at Ipswich to consult regarding SteamBoat  18 - -

1801 & 2     " Two Years attendance of Self, devising plans

                     and making Experiments on SteamBoats                                   300 - -

1814            " do do of a man during experiments @ 13 per week                      78 - -

May & June    " Waiting upon Mr Gibson Edinbro two different times                5 10 -

1815

March 7       " Mr Gibsons business acct rendered                                              21 17 -

1816            " waiting upon Steam Boat owners at Glasgow 2 diff times           10 10 -

October       " Journey to London respecting prolongation of Steam Boat Patent      30 - -

1801, 2&16 " Personal attendance on 3 different times on SteamBoat

                     business in London 6 weeks each at 3 Guis                                   56 14 -

1817

Dec              Mr Forester Solicitor London for his opinion regarding procefs.        5 5 -

31            Mr Wight Accountant Edino for sundries per accs rendered            71 - -

1821

Feby            " Waiting on SteamBoat owners at Glasgow                                   3 3 -

March 1       " Postages Stationary (sic) & incidents to date                                       9 - -

                                                                                                                      £1237 7 3

                                             Interest on the above to date,                                 1095 18 6

                                                                                                                               £2333 5 9

                                                         attesting by Wm Symington

CARRON COMPANY ACCOUNT 1789

A copy of the Carron Company account for Patrick Miller's 1789 steamboat is included with these papers, provided by Joseph Stainton, manager of Carron Company:

No.3

It is hereby Certified to all whom it may Concern that the annexed account is a copy of Furnishings from Carron Company to a Boat impelled by Steam, both the Boat & Engine being executed at Carron under the direction of Mr Wm Symington Civil Engineer and at the expence of Patrick Millar Esqr of Dalswinton, in the year One thousand Seven hundred & Eighty nine.

                                             For Carron Company

Carron April 20. 1822                     J Stainton Manager

The account is dated Carron 30th November 1789 and addressed to Patrick Miller Esqr of Dalswinton. The following items listed under "Bought of Carron Company" are of particular interest: 2 eighteen inch bored cylinders, with 2 cylinder bottoms and 4 pistons; 2 spindles and 48 spokes and stays for the water wheels; 72 feet of a small cast iron chain. The invoice included an amount of £43/1/- for "wages paid to Wm Corkhill and his men while employed by Mr Symington upon Mr Millar's machinery." The total bill came to £363/10/10 Sterling.

The reason for including this account was to confirm that the work was done for Miller under Symington's direction.

ACCOUNT FROM JAMES GIBSON

The account, dated 22 July 1802, from James Gibson, writer to the signet, to William Symington: a copy of the account from the Edinburgh lawyer James Gibson which related to the preparation of three patents along with various other expences which include the drawings for each of the patents and clerical fees, amounting to a total of £394.2.3. Note that in addition to English and Scotch patents, he took out a patent in Ireland.

No 4

"Mr William Symington                                                     Edinr 22nd July 1802

         Sir I annex a state of your account with me for the Patents obtained for you, and I request the favor of an immediate remittance, the time, within which you desired Mr Standilands to say, that the money be paid being now elapsed Sir Yr obdt Servant

                                                                                         Jas Gibson

Mr Wm Symington

                                                                     To James Gibson Writer to the Signet

1802

Jany 4      To amount of English Irish & Scotch Patents in your

                     favour- sent you of this date                                                 £353.13.9 ½

Feb  27    To drawing Specification of your Irish Patent   £1.5.-

                     "   paid for Stamped Parchment for do             1.5.10

                     "   paid my Clerk for extending do                 5.6              2.16.4

                     To do for English Patent 5 sheet                 £1.5.0

                     "   "   paid for parchment for do                      4.6     

                     "   "   my Clerk for extending                              5.6          1.15

                     To drawing do Scotch Patent 5 shs            £1.5.0

                     paid for Parchment for do                               4.6

                     my Clerk for extending do                              5.6          1.15

         9      To paid City Clerks of Edinburgh fees of affidavit

                     by you before the Lord Provost of signing the English,

                     & Irish Specifications …..                                                                5

                     To paid fees of recording the Specifications of the

                     Patent for Scotland, in Chancery …..                                       1.5

                     To paid Mr Campbell Solicitor in London his

                     Bill relative to the specification, of English Patent              9.18.10

                     To my fee for the 3 Specifications and for Interest of

                     money &c. …..                                                                     7.17.6

1801                                                                                                                  £394.2.3

Aug 4      By Cash …..                                                                       150

                                                                                             Balance due £244.2.3

                                                                                                     Paid

ACCOUNT FROM GIBSON, CHRISTIE AND WARDLAW

The Edinburgh law firm Gibson, Christie and Wardlaw acted on behalf of William Symington in preparing a summons against the Glasgow Steam Boat Proprietors. Simultaneously, this same firm represented Henry Bell in defending Bell against Symington's action for patent infringement.

No. 5

Account Wm Symington Esqr Engr

To Gibson Christie & Wardlaw

1814

May 4  Writing McGregor and Murray Glasgow to procure and send

         to us the Patent for your Steam Engine                                          £ ".3.4

     6  Writing do in answer to theirs                                                                  ".3.4

    17 Drawing Circular Letter by you to the Proprietors of the

         Steam Boats that you would meet them here on the 23rd

         Currt in regard to an amicable Settlement of the dispute                 ".10."

         2 Sheets

         Making thirty six Copies thereof 72 sheets                                      3.12."

         Drawing Summons s Sheets 14/ Copy 3/                                             ".17."

         Making Copy List of Proprietors of Steam Boats 1 Sheet               ".1."

Sep 21 Writing McGregor & Murray if any application had

         been made to them, in consequence of the Circular Letter               ".3.4

    29 Paid Mr Geo Buchanan for copying the drawing of

         Henry James Steam Boat. per Rect                                                  ".10."

Dec 2   Writing McGregor & Murray to enquire into the

         principle of the Steam Boats                                                            ".3.4

 "   10  Making Copy Letter from Mr Jas Braz Engineer

         Glasgow to McGregor dated 7th Decr 5 Sheets                              ".5."

         Pair for Stamp 4/1 Signeting 1/8                                                      ".5.9

   15  Writing McGregor & Murray to settle with the

         Proprietors of Steam Boats if a proper opportunity occurs                ".3.4

   17  Writing them with the Summons for Execution,                                        ".3.4

   31  Paid for Printing Summons                                                                ".12.6

1815

Jany 9  Writing you that Summons was executed but that

         the Proprietors of the Steam Boats had not come forward                 ".3.4

Feb 9   Paid Minute Book Keeper for scoring Protestation 

         1/ & Fee 5/                                                                                          ".6."

  15   Enrolling                                                                                             ".6.1

         Stamp Mandate & filing                                                                     ".15."

  18   Pay Minute Book Keeper for scoring Prot; for

         not enrolling 1/ & Fee 5/                                                                    ".6."

  28   Paid Fee Fund deed of Summons                                                       1.1.1 1/2

                                             Carr over                                                     £10.14.9 1/2                                               

         Amount brought over                                                                       10.14.9 1/2

Feby 28 Paid Clerks Fund day                                                                   ".1."

March 1 Paid at Lodging Productions                                                                ".1."

         Attend when Summons was allowed to be seen till Friday                ".6.8

      2 Making copy of Mr Braz letter 5 Sheets                                                ".5."

         Drawing Inventory of Productions 1 Sheet & Copy                          ".4.6

     4  Enrolling                                                                                                 ".5."

     7  Attendance when deferred were allowed to be seen

         and Parties ordered to debate at next calling                                      ".6.8

         Borrowing                                                                                           ".4."   

         Postage and Incidents                                                                         ".10.6  

                                                                                                                             £13.1.1 ½

         Messrs McGregor and Murray Acct                                               8.15.11

                                                                                                                             £21.17."

                     From the above Acct it will be seen what has been

                                             done in the Procefs

OPINIONS OF JOHN CLERK AND ALEXANDER IRVING

In 1814 William Symington had sought the advice of the eminent Edinburgh lawyer John Clerk 1717-1832, later Lord Eldin, who had been the Solicitor-General for Scotland. Armed with Eldin's opinion in support of his 1801 patent, Symington attempted to commence an action against the Glasgow steamboat proprietors; when this failed, he initiated proceedings in the Edinburgh of Session against Henry Bell for infringing his patent.

Clerk had consulted on the matter with Alexander Irving 1766-1832 who was professor of Civil Law at Edinburgh University and also manager of the Scots Mines Company at Leadhills. Reputedly an indifferent speaker but an excellent lawyer, Irving is remembered in Henry Cockburn's Journal as having "possessed great knowledge of law, especially in science, a laborious patient manner" [10]  

In the subscript to John Clerk's opinion regarding the 1801 patent, the opinion of Alexander Irving, later Lord Newton FRS, is quoted as being "much the same with that of Mr Clerk", although "he thinks a little inaccuracy exists in wording the Petition to His Majesty for the Patent." Irving was canny enough not to commit himself to specifics.

No. 6

         "Opinion of John Clerk Esqr Advocate regarding William Symington's Specification and Patent, for Steam Boats.

Primo.  I am of opinion there can be no well founded objection to the Specification, it describes, in proper terms, the Invention for which the Patent was granted.

Secundo. The notice the patentee gives how the same is to be performed is by no means irrelative, but on the contrary, is requisite and proper.

                      Tertio. If the Proprietors or Builders of Steam Boats refuse a reasonable compensation, the Patentee is entitled to stop them by an Interdict; but I would     not advise that measure, he should rather bring an Action of Damages against them for having invaded his privilege and benefited themselves by his invention.

                                                                  (Signed) John Clerk

                  Edinburgh 30 June 1814

                    The opinion of Alexr Irving Esqr Advocate, is much the same with that of Mr Clerk, only he thinks a little in

                    accuracy exists in wording the Petition to His Majesty for the Patent."     

William Symington failed to engage with the Glasgow steamboat operators and his action against Bell in 1815 was dismissed. Ultimately, as a result of his submission to Treasury which was submitted by Sir Robert Ferguson in 1826, he was awarded the princely sum of £150.

James Taylor also sought financial reward for the part he had played in the introduction steam navigation. Taylor had made a meagre contribution: he recommended that Patrick Miller employ William Symington to build the engines for Miller's vessels and Miller employed him as a supervisor. Taylor stole a march and wasted little time and effort in his quest to secure a grant from the government. Taylor made a direct submission to Sir Henry Parnell who headed a Parliamentary enquiry into steam boats. Taylor's simple approach was better advised and more effective. Taylor died in 1825 but his widow was awarded an annual pension of £50 for the remainder of her life.

Nearing the end of his life, William Symington made one final attempt to secure financial reward. He came to London for the last time in 1829 and had fine coloured drawings prepared to illustrate his steamboat experiments for Patrick Miller and for Lord Dundas. [11]   His intention was to procure a Parliamentary investigation into his claims. [12]   However, this did not come to pass. He was labouring under a painful disease which had escalated, leading to his death on 22nd March 1831.

Acknowledgement

My sincere thanks to Bill Whitehead of Birmingham who kindly photographed all of the Symington papers mentioned in this dissertation.

References

[1] Obituary, Proc. Royal Society London Volume 12 1863 pages lxiv-lxvi

[2] Bowie's Brief Narrative page 23

[3] Letter dated 5 January 1796 from Watt to James Watt Junior relating to pirate engines Birmingham Library, Boulton and Watt Archive MS3147/3/25

[4] Birmingham Library, Boulton and Watt Archive MS3219/6/65/5

[5] Obsolete variant of clothing

[6] "Parson's paddle wheel with excentric motion" is mentioned on the back of Walker's note

[7] Peter Ewart 1767-1842 Civil Engineer. He was apprenticed to Rennie and in the early 1790's he was employed as an engine builder with Boulton and Watt. See Henry, William Charles, A Biographical Notice of the late Peter Ewart, Esq. Memoirs of the Literary and Philosophical Society of Manchester. Second Series. Volume VII London 1846 pages 113-136. In 1822 Ewart patented an iron cofferdam with cast iron plates joined by cramp piles.

[8] Cofferdam: a watertight enclosure to allow work below the waterline in the construction of bridges

[9] The Haw Bridge was built in 1824 across the River Severn, near Tirley, in Gloucestershire

[10] Journal of Henry Cockburn Being a Continuation of the Memorials of His Time 1831-1854. Volume I Edinburgh 1874 pages 26-27

[11] These drawings were brought to Australia when his son William emigrated in 1855 and are now held in the Melbourne Museum

[12] Symington Testimonial, undated pamphlet c.1841; Dr. Robert Bowie the likely author