Arbitrators appointed. Fulton’s presentation of his case (Aug., 1806). Arbitrators decide against Fulton. He makes a last appeal to Lord Grenville, reviewing whole case (Sept., 1806). No reply.

The arbitrators were finally appointed. By that time the increasingly fault-finding note of Fulton’s correspondence shows that his fears as to the outcome had become almost certainties in his mind, because he prepared a written brief for submission, the tone of which was far from hopeful. This brief is the “Descriptions” of this book.

When the arbitrators met, those representing the government put sundry questions particularly as to whether any one would risk being caught in the submarine vessel and expose himself to being hanged in consequence of using engines not permitted by the laws of war; the sweeping of the Channel to locate floating bombs; the effect of storms on such bombs, and on the chance of a submarine being driven on shore by a storm. These questions were all met by Fulton in a very logical manner. Both questions and answers are recorded as “Notes on Observations of the Arbitrators Particularly of Captⁿ. Hamilton and Sir Charles Blagden” attached to Fulton’s own copy of the “Descriptions.” These same notes show that Fulton made it clear that the plans he submitted to the British Government were so far in advance of anything he had proposed to the French that they constituted new plans. On this point he says:

But, it may be said that my Experiments have been so Public that no part of my plan is now a Secret, I would ask who has seen the Plans and System which I have exhibited to this Committee where is to be found did any gentleman here know them all or any part of them perfectly before I appeared,? It is true there have been Ideas of this subject scattered in the World but the impracticability of any important result has always been attached to them which Idea I perceive has much weight in this Committee.

He urged on the Arbitrators that a list of questions which he sets forth in his notes bearing on the efficacy of his bombs should be submitted to Lord Kieth, Commodore Owen, Admiral Demet, Captain Seccombe, Captain Salt, Captain King, Lieutenant Wm. Robinson and Captain Thomas Johnson of the Nile Cutter. He concludes his appeal to the Arbitrators in the following spirited language:

Now Gentlemen I beg you to believe that I have not taken these measures nor made use of these Arguments to draw from you either Capital or Annuity I am not a Man much governed by a thirst for Money, an honorabel fame is to me a much more noble feeling, But I like truth candor, and Justice to all Parties concerned with me in this Business, I have therefore used these Arguments for the following reasons.

First, That at this meeting it is right for me to Shew you in the most striking manner in my power what I conceive your danger and should you not see it as I do and future bad consequences should result to this Country the fault will not rest with me but with you and His Majesty’s Ministers, and I shall not have to accuse myself of want of Candour—

Second, I have used them to gratify two friends who have been kind to me, and who are more governed by the hope of gain than I am, I have now acquitted myself to this Government and to them, And neither this Government nor they have more to expect of me Therefore Gentlemen should your award not meet their views of Wealth, I shall feel free to act as I think proper And I will take the fame and Consequences of these Engines on myself Abandoning all calculations of a pecuniary kind, and the whole of the Drawings and Papers here exhibited shall be published within one year with all my Experiments in France and Negotiations with this Government. In fact I will do my utmost to make it a good Philosophic Work and give it to the World. I will then form a Committee of the most respectable Men in America and proceed regularly in Experiments on the large Scale publishing the result from time to time and thus drawing the attention of the ingenious and Enterprising to such Pursuits I shall hope to succeed in my first object that of annihilating all Military Marines and giving liberty to the Seas.

Gentlemen a man who has the candour to give you this in Writing has but little deception or fear in his character and will not abandon so glorious an Enterprise for trifling Rebuffs or mean consideration

At all events whatever may be your Award I never will consent to let these inventions lie dormant. Should my Country at any time have need of them, Were you to grant me an Annuity of £20,000 a Year, I would sacrifise all to the safety & independance of my Country, But I hope England and America will understand their mutual Interest to well to War with each other And I have no desire to introduce my Engines into practice for the benefit of any other Nation.

At the end of the “Notes” he adds his own views and a record that the decision, adverse to him, was signed soon after the conference was concluded.

After the Arguments used in the preceding Paper, one would have thought that Justice and Policy would have induced the Arbitrators to hear Evidence on the practicability and probable consequences of such Engines, before they would venture to decide on a Work of Art of so much consequence, they did not however call in one Evidence nor hear one opinion and to my great astonishment the Award was Signed in one Hour after I left the room. Such inconceivable blindness to the Interest of the Nation, and Injustice to me on the part of Sir Charles Blagden and Captn. Hamilton, Induced me to write the following Letter to Lord Grenville and this I did that Ministers may have no excuse to plead that they were lead into Error by their Arbitrators, and again that my two friends may be convinced that I never abandoned their Interest as long as there was one reasonable hope of succeeding to their wishes.

There is a footnote to the copy as follows:

This paper I read to the Arbitrators on the morning of this date and it is deposited with the Government.

In the letter to Lord Grenville referred to above and given at length below, Fulton, it will be seen, states that he had deposited twelve drawings with descriptions of facts in the hands of Mr. King, secretary to Lord Grenville. This is undoubtedly what he means by the statement in his notes of the paper read to the arbitrators having been “deposited with the government.” As the drawings were intricate and the paper very long, it is hardly probable that Fulton made three copies including the copy of the paper and tracings of the drawings that he brought home. As neither Mr. King nor the arbitrators had any need for the drawings and paper, it is quite likely that they were returned to Fulton, who left them with Consul Lyman as described in his letter to Barlow and which are consequently the foundation of this book.

The letter to Lord Grenville to which Fulton refers is worthy of reproduction as it is a general summary of his case written immediately before his departure for America. It is his last appeal, and in it he uses every argument that occurs to him.

As the subject of which this letter will treat is of the utmost importance in as much as it may render the power and independence of Great Britain doubtful and a wrong judgement of it may not only involve the country in complicated evils but attach eternal blame to his Majesty’s present ministers of whome your Lordship is one. I Shall hope for your calm perusal and deliberate contemplation of the following facts and observations on the means which science has developed for destroying military marines and in such case what would be the fate of England? There is one suit of thinking which gains easy access to an intelligent mind, and opens the way to a right Judgement on the progress of the arts and the possibility of effecting every thing which is within the limits of physics it is that all science is progressive every year exhibits new combinations and effects, Steam engines, Cotton Mills, Telegraphs, Baloons, and submarine navigation and attack have all appeared almost within our memory, and only Vulgar minds harbour the thought that a Physical possibility is impracticable because it has not already been done. It does not require much depth of thought to trace that science by the discovery of Gunpowder changed the whole art of war by land and sea and may by future combinations sweep military marines from the ocean My Lord I have discovered the means which may produce such an effect, and by ample experiments proved them true, that is I have proved them to a degree which should convince every reflecting and unprejudiced mind, Common minds which cling to the Ideas of forefathers, or established customs are only to be convinced by demonstrations which enter at the Eyes. But if in this case the marine of England must be destroyed to convince the Vulgar of the possibility it will then be too late to reason on the consequences. It is to avoid being driven to so dreadful a proof of the power of my engines that I now take the liberty of calling the attention of your Lordship to this Subject, Of the principles of the Engines I have deposited twelve drawings with descriptions of facts and reasonings on them in the hands of Mr. King who I believe has committed them to the care of Alexander Davison Esq^r. In St. Jameses square which drawings and writings were made for arbitrators who had to decide on my claims under a contract made with Mr. Pitt and Lord Melville.

Of the Arbitrators two Mr. Davison and Dr. Cartwright are of opinion that all military marines may be destroyed by the means which I have Exhibited, how far Sir Charles Blagden and Capt. Hamilton may be of that opinion I cannot tell but resting on their own judgement they never heared evidence nor called for the opinion of nautical men, on the several modes of using the machines, hence Ministers are Still in the dark as to what may be the power Practicability and consequence of such engines.

Now my Lord his Majesty’s Ministers cannot do Justice to the public nor guard their own honor untill they enter into a full examination of my system and take the opinion of many nautical men on the means by which such engines may be used for out of the opinion of the many a right thinking may arise.

I would therefore propose a meeting of His Majesty’s Ministers, Your Lordship, Lord Moira, Lord Henry petty, Lord Howick, Lord Erskine, Mr. Fox if his health will permit and Mr. Windham, or any other Gentleman whome it may be thought right to call in, And that before them the opinions shall be taken of Lord Kieth, Admiral Demet, Sir Even Nepene, Commodor Owen, Capt. Seccombe, Capt. Salt, Capt. Thos. Johnson of the nile Cutter, and Lieutenant Wm. Robinson—or such other persons as have seen the experiments and know most of the engines.

But should this mode be inconvenient a Committe of 12 Nautical men to examine and report on the plans which I have exhibited, by such means & such only Ministers can do Justice to the public and get a clear understanding of this subject And at Such committee if thought proper I will attend and explain my several modes of attack which will give gentlemen an opportunity to see what means they can devise to prevent your commerce being distressed and your marine by such engines were they in the hands of an enemy and practiced by them against this country,

There are many powerful reasons why such investigation Should be entered into.

First.

That if what I ascert be fact and Ministers refuse to take the rational and easy means here pointed out of being rightly informed and my engines should be practiced to the Injury of the commerce and fleets of England the people will not Suffer in silence but attach the whole blame to Ministers for wilfull neglect, therefore in as much as gentlemen regard their future reputation this Subject is of serious consequence to them.

Second.

If the Engines be harmless it certainly is important to be convinced on this head But will Ministers consent to be convinced on Vague reports and Vulgar opinions which accompany all new Inventions and not calmly sit down with nautical men and by examining principles penetrate into facts—? My Lord men of sense must penetrate into all the facts connected with this subject and that His Majesty’s Ministers may not have the least excuse, that they have not had a fair and timely warning on what maybe the consequence of these inventions I have Written this letter which I beg your Lordship to Communicate to His Majesty’s ministers.

In case of a Committe of investigation I conceive the principle points for consideration and to guard the interest of the nation will be as follows,

First

What is the present state of perfection of submarine navigation and attack,?

Second,

To what state of perfection is it capable of being brought

Third

With such engines in the hands of an Enemy could they injure the commerce fleets and independence of England?

Fourth

What is the general opinion of this subject and public knowledge of it,?

Fifth

Under all considerations is it policy to practice such engines or to let them be practiced,?

Sixth

Is it the interest of the nation that they should rest in their present state and is the public or European mind so little impressed with the use of Such engines that they may rest in their present state of incertitude?

Now My Lord permit me to give you my opinion It has been proved by the most satisfactory experiments, that were an Enemy in possession of all the means which I exhibited to the Arbitrators they could at any time in two months embarrass the commerce of England in the most distressing degree, Or should they think proper to persevere in the practice of such Engines they could destroy the whole British Marine And I thing it cannot be doubted that The french Emperor whose most ardent wish is to get freedom for his commerce would practice such engines were he acquainted with them, knew the modes of using them and the immense advantages they would give him, That he has not such a Knowledge is in some degree proved by his not making any move in the manufacture, practice or use of them,—For although I made some experiments in france they were always thought more curious than useful and the French never were impressed with the Idea that any advantage could be drawn from what I had done, which opinion prevails in this country at present, The feilure at Boulogne has also spread the Idea that the engines are harmless, but the want of success at Boulogne was in consequence of not having experience, and no defect in the principles of the Engines, hence under these impressions in france and England I believe these inventions may lie silent for many years—

From this I infer that it rests with me and my friends in America whether these inventions shall sleep or or be rendered fameliar to all nations, of this Gentlemen can Judge on investigation

When I was invited to this country a prospect of emolument was held out to me in some degree proportioned to the Value of my engines but in consequence of Lord Melville going out of office, The death of Mr. Pitt the change of Ministers and opinions on this subject the agreement with me has not been fulfilled. Therefore My Lord after Seven Years Labour, Experience Expence and Successful experiment It is reasonable and right that I should convert my inventions to my own use in every honorable way, your Lordship or any other man in my situation would act in like manner, And it is right now to assure your Lordship that I never will Suffer these inventions to rest till I Succeed; But as I have no desire to introduce these inventions Into practice unless my country should have need of them and which I hope will not be necessary as long as England and America understand the true interest of their commerce I still offer my neutrality to this government on Condition that Ministers will meet the Ideas held out to me on coming to England,

This my Lord is placing the security of the Commerce and fleets of England in the Balance against a few thousand pounds Or an Annuity, which Annuity to be continued to me only so long as such engines are not used by France or any other nation against England, The resting my pecuniary hopes on such conditions is perhaps the best proof which can be given of my conviction that such engines are not yet sufficiently known to be turned against this nation. In Such an arrangement It should be a condition that government Should not permit such engines to be used by any british subject least they should be made known, and turned against this country Or should the present or future ministers use them they should fulfill the terms of the contract for fourteen years as Stipulated in Said contract—

But Should terms to this effect not be Acceeded to I must from necessity place the whole system in such a position as will give it to the world I must also publish this letter, the nation will then Judge whether I have acted frankly And whether Ministers have done Justice to the public and to me,

My Lord having made you this communication your honor and future fame is involved in this question, the high situation which you hold as one of his Majesty’s Ministers and your Consequent responsibility to the nation together with my full conviction that what I have here said is not only practicable but easy is the reason I have taken the liberty thus to address you,—

I now beg your Lordship to believe that although this business has been treated in a manner extremely disagreeable to my feelings and I have been much disappointed in not finding the calm and rational investigation which I hoped for, yet I have not one feeling of enmity towards this nation or any one of his Majesty’s Ministers I make every allowance for established opinions and Ideas of art which particular education fix on the human mind And my wish ever has been that this subject should be one of reason and not of passion or prejudice And for this reason I again submit it to your Lordship and His Majesty’s Ministers before I leave the Country which will be in a few days.

The above is an argument. Fulton placed his facts, which were summarized as a series of questions put by him to the arbitrators, or by them to him, and recorded by Fulton in a—

Second Letter
To the Right Honorable Lord Grenville
On Questions, Answers doubts and Considerations at the Arbitration on the powers of Submarine navigation and attack

---

After exhibiting the Engines to the arbitrators and the Various modes of using them I put the following questions to the four arbitrators,

First

Will the explosion of a submarine Bomb of one or two hundred pounds of powder under the bottom of a Ship of the line destroy her?

Answer, we believe it would the blowing up of the Brig Dorothea in walmer roads being indubitable proof—

Second

Were an instantanious bomb anchored under water and a Vessel to run against it so that the bomb should strike any place under her bottom and explosion there take place would it destroy her?

Answer, we believe it would.

The power of the engines being thus acknowledged the following opinions were started by Capt. Hamilton as difficulties in the way of using them.

First

Where can men be found who will have courage to use such engines, who knowing that were they caught they would be liable to suffer death for using engines not admitted by the laws of war hence what advantages could the enemy draw from Such engines?

Englishmen have had courage to run four times among the Enemy in Boulogne roadstead with such engines and have courage to do so again. Then is it suffecient security for England to rely on that frenchman have not courage to take advantage of dark nights to anchor submarine bombs in the waters near Boulogne where the blockading squaderns usually cruise or near the Black rocks or ushant where the brest Blockading squadern usually cruise or off cape Grinez or half channel over In the waters where British fleets now cruise without a feeling of danger, Should the French Emperor adopt such a system and Issue a proclamation that he would retaliate man for man who would hang a Frenchman? This is for Ministers to consider;

Second objection of Capt H.

Were ten thousand of such bombs anchored the first storm would drive them on shore and destroy them.

Answer

The Buoys to mark shoal water are held in the Same spot in all weathers yet Buoys are of a large Volume and exposed to the shock of the surface of the water which is much more violent than the action ten or fifteen feet deep, therefore if Buoys be held by sufficient anchor and cable, a bomb of not one fortieth of the Buoys Volume may be held also, but to decide on this doubt let a bomb without a lock be anchored in Dover Roads and if it be not found there next Spring I will give up this point.

Third objection of Capt. H.

A few vessels with cables stretched could sweep the channel and destroy the Bombs.

Answer,

What would be the situation of a commercial country like England were she obliged to lay an embargo on her trade and keep her Ships of war in port till 3,000 square miles of channel were swept once a month? for while sweeping the Channel in one part, the enemy could be laying down bombs in several places, Suppose for example that the Enemy had anchored 500 or 1000 bombs from the lands end to the humber they who were to sweep them not knowing where they were laid would be necessitated to sweep the whole channel to find them, and another difficulty occurs, for not Knowing the number which were put down who could tell when exactly every one was taken up?

Will Capt Hamilton have the goodness to point out to his Majesty’s ministers a certain mode of keeping the channel free from such engines so that the British commerce and fleets may move with all the security and confidence which they at present enjoy*?

---

*When a few hundred of such bombs are anchored it is impossible to clear the Channel of them nor give confidence to navigation till they destroy themselves in the given time for which they were set, That is from one to twelve months. This I know how to do, Therefore the danger may be laid down for any time from one to 12 months and the trade destroyed for any period which the french might think proper.

Fourth Objection.

And one to which I believe all the arbitrators Yielded but which they did not give me an opportunity to answer and which I shall now do.

That such a system of Attack would not only destroy English but all neutral commerce, and even the commerce of france that consequently Buonapart would not use it—

Answer

When any port is blockaded the commerce of all neutrals as connected with that port is distressed But as the existance of England depends on her uninterrupted commerce while France is more Agricultural, and as france could lay down such engines in the channel so as to distress British commerce yet leave Brest, Bordeaux and the Medeterranian free to her own trade unless England laid down bombs also in which case maritime war would become a war of Bombs in which France would have the advantage in consequence of her trade with Spain and her own frontier, the Question then would be which of the two nations England or France could bear such interruption of their trade for the greatest length of time and which must finally yield to the dictates of the other In such a contest where everything is to be gained Nepolion is not of a temper to consult the temporary Interest of Neutrals and it will not be wise in his Majesty’s Ministers to risk it.

Questions put by me to Capt Hamilton and which I desired might be put to Lord Kieth, Admiral Demet, Commodor Owen, Capt. Seccombe, Capt Salt, Capt. King, Capt. Thos. Johnson of the nile Cutter, and Lieutenant Wm. Robinson, but which was not done, Consequently an injustice has been done to me and to the Government by leaving ministers ignorant of the facts connected with this subject.

First Question

Were you informed that two hundred or more of Such Bombs were anchored in any particular Channel would you venture to Sail through it and among them,

Answer by Capt Hamilton no

Second.

Had the Enemy three or four hundred good row boats with six or seven thousand men exersised to them and such boats were established along their coast in tens or twenties, from Ostend to Brest with a magazine of bombs at each place how could they be prevented anchoring bombs in such places as would endanger the commerce and fleets of England,?

Third

If while sailing in a fleet you saw two or three of the headmost Vessels blown up by such invisible engines would it not destroy your confidence in sailing in such waters?

Fourth

Is there any enemy so distressing to the mind of a seaman or so calculated to destroy his confidence as one which is invisible and instantanious destruction and which cannot be avoided but by forsaking the Seas where they are?

As each bomb will cost 14 say 20 £ and fifty thousand of them may be made for a million sterling is the expence compared with the advantage which is would give France any consideration to prevent the adoption of such a plan as one thousand Bombs would distress the trade for one year—50,000 would extend their terrors to 50 years,

Now my Lord I appeal to common sense whether the objections started by Capt Hamilton are suffecient security for the great interest which this nation has at Stake against such engines,?

Further remarks on the arguments of Capt Hamilton

---

What claim said he has Mr. Fulton to Forty thousand pounds or ten thousand or any other sum from this government, while many british seamen of the first talents do not get half the sum in a whole life of exertions? I myself would feel happy to be so rewarded.

Answer.

This is no part of the Question the point for consideration is have I fulfilled my part of the contract? and aught not government In Justice to fulfill their part? But I will now put my pretentions to ample reward in another point of View.

If I cannot exhibit to the world an easy mode of destroying all military marines and consequently the whole political influence of England If I cannot give a clear prospect that by my exertions and the exertions of my friends my plans must in a short time be adopted by European nations at varience with England then I will admit that I have no pretentions to any sum from this government, but for the time already spent and which I consider as paid,

But if science and industry has developed to me a means which by my exertions and the natural order of things must destroy all military marines and consequently that of England, and if to preserve the power of the British marine undeminished is worth millions to the nation it follows that my neutrality is of as much real value to the nation as the active services of any man in it. And I might say of more for there is not nor ever has been an individual in England who could render services to the country equal to what the marine gives yet there are Gentlemen whose income from government is from five to ten thousand a year for services which hundreds of men can do when I speak of reward it is for what only three men beside myself can do that is my two friends in America and the Earl of Stanhope in England. Whether I possess such powers and for my neutrality merit ample compensation can only be known by investigating the principles and practice of the engines.

In his letters Fulton has made a number of references to his friends who were associated with him. In the above letter he gives the only clue as to whom they might be. At the time when this letter was written, both Robert R. Livingston and Joel Barlow had returned to the United States.

The above two letters on which he staked everything, were too important to be entrusted to a messenger, so Fulton carried them himself. In order to be sure that Lord Grenville should be acquainted with the contents, Fulton read them aloud as is shown by the following footnote:

On the 3r of September 1806 I had an interview with Lord Grenville in Downing street I entered his room about three oclock he was, alone handed me a chair I sat down near him and after a few words I read him the preceding letters, on which no comment whatever was made His Lordship only observed that he could not then say anything on the Subject and I retired.

That was the end. His work of twenty years in Europe was finished!