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and had an interview with Hugh Miller the geologist, of whom he was a great admirer.

On the way home he prolonged the ocean voyage in order to develop another invention, that of an Equatorial Sextant, which was patented in all civilized countries and became of immense value in the navigation of the seas. It has been wisely said that each person should leave the world at least a little better than he found it. Mr. Burt and other pioneers of Michigan more than met this requirement for they enriched the world in material wealth and beauty as well as by the example of great and noble characters. He died in the midst of his usefulness while teaching a class the use of his instruments and is buried together with his five sons in Elmwood Cemetery, Detroit. A bronze cast of the Solar Compass is placed upon his monument. To the inventor of the compass and to his pupils and successors in the work of the public surveys of the State we owe a debt of gratitude for the faithful execution of public trusts and it is but fit that this portrait of William A. Burt and his compass should adorn the walls of the rooms of the Michigan State Pioneer and Historical Society. In the name of his living relatives, who have contributed the portrait and Mr. George H. Cannon, owner of the compass, I now present them to this Society. His life was given to the benefit of the State and his invention was used for the same purpose. Companions in life-in death they should not be divided.

BURT'S SOLAR COMPASS

BY AUSTIN BURT

This compass determines the true meridian, the variation of the magnetic needle and the apparent time at a single setting, which need not occupy five minutes of time. It is used in making the surveys of the public lands in the United States and Territories, and is indispensable in the mineral districts where constant changes in the variation of the needle are met with.

It was invented by my father William A. Burt, in the year 1835, while engaged as United States deputy surveyor in the surveying of the public lands in Wisconsin at and near Milwaukee, subsequently it was used under the instruction of the surveyor-general by himself and his sons, John, Alvin, Austin, Wells and William Burt in making surveys in Iowa, Wisconsin and Michigan, who were associated with him for the A fine oil portrait, handsomely framed was the united gift of Mr. Burt's grandsons and his son W. A. Burt of Detroit.

most part, in those surveys, completing the exterior township, lines of the Upper Peninsula of Michigan in 1847.

The writer who was with him in the capacity of chainman in the winter of 1835 while he was subdividing some twelve townships at and in the vicinity of Milwaukee in Wisconsin, well recollects the difficulty encountered in making accurate work in running the lines with the common or Sunflower compass, he then was using. With the utmost painstaking, both in running and measuring the lines in some parts of the district, the intersections were far away from post, altogether too wild and unsatisfactory, sometimes to the right and again to the left of post, varying in distance up to a hundred links or more. This erratic work was attributed to a change in the variation, a part of it diurnal, but mostly to local attraction. Upon entering upon this work the variation of the compass was ascertained by taking an observation of the North Star, and setting up range stakes in the true meridian, and sighting the compass with them, thus getting the variation by which the townships were to be surveyed. In practice it did not agree with itself. When parallel lines one mile apart were run, the variation thus obtained could not be relied upon, consequently random lines had to be run and corrected to measurement which was not altogether accurate, but the best that could be done to make the subdivision so that a section of land should contain the required 640 acres more or less. So the different section lines as established showed different variations and it was apparent that lines could not be run by one and the same variation and close at corners, as it should. This was a source of much perplexity and study, how to overcome these difficulties encountered by all surveyors, and it seriously engaged the attention of my father. He then and there applied himself to bring out some device that would afford the needed aid in getting the variation from time to time as the surveys progressed. The subject was talked over in camp at night and such astronomical knowledge and mechanical skill as was at hand, applied to the subject. The necessity for an instrument that would give the variations was almost imperative, for the accurate surveying of the public lands was involved.

On his arrival home at Mt. Vernon after he had made returns of the field notes of this survey to the surveyor-general at Cincinnati, Ohio, early in July he devised and made a model of an instrument by the use of which the variation could be obtained "When the sun shone" at intervals on the lines of a survey during its progress. He took this model to William J. Young of Philadelphia, who constructed an instrument, under his personal supervision, and named it Burt's Solar Compass, for which letters patent, were issued to him. This instrument as first made was a rather simple affair, it had an equatorial circle on

which a limb was affixed that would revolve somewhat over a half circle, on the end of this limb was affixed a small lens whose focus was that of the length of the limb, on the other end of this limb was affixed a small plate standing at right angles with it so that the sun's image would fall on this plate which had lines marked on it that would embrace the sun's image. This limb was made to revolve on a center that should correspond to the earth's axis. The equatorial circle was elevated to the compliment of the latitude of the place of observation, this was accomplished by attaching a latitude arc to the equatorial circle. The revolving limb had affixed to it a declination arc on which the declination of the sun would be set off for the hour of observation; these arcs and circles were attached to a T on which were placed two levels, the whole made so as to be attached to the open cover of the common compass. This was the instrument as first brought out and used in subdividing some twelve townships by my brother Alvin Burt in the winter 1835-6 just west of Milwaukee, the frequent variations obtained enabled him to do more correct work than any surveys previously done. The variation could be obtained by it, and the line run by the needle. I have one of the first made, and used it on the first surveys made on the northern Peninsula of Michigan in 1840.

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The mechanical arrangement needed to be reconstructed, so lines could be run at any course by the sun. My father gave the necessary time and attention to this and brought out the instrument as the world now has it, complete in all its parts, and adapted perfectly to the uses in the Public Surveys; for the improvement of which he labored and devoted the best part of his life, not only that but he instructed in the use of it, those who were to engage in the public surveys, at his own expense. During the life of the patent my father gave every attention to the improvement of the Solar Compass and its introduction into the public surveys; he intended to get his patent renewed for a term of years but as the invention was clearly and solely a benefit to the Government in making its surveys he was advised by many eminent men among them was Gen. Lewis Cass, to rely on the Government for a just compensation for its use, so he waived the matter of renewal and a bill for compensation was introduced in Congress and passed by one branch of it. The bill did not reach the other branch for action before Congress adjourned. Bills have been introduced from time to time for compensation but have not reached final action. A bill has been introduced in the present Congress (1886) for relief and compensation to the heirs of the inventor. A more worthy and just measure could not well engage their attention and they will do themselves great credit by passing the bill presented by his heirs.

SUMMARY OF CONTROVERSY OVER INVENTION OF SOLAR

COMPASS

BY HORACE E. BURT

In 1886, fifty years after the patent granted to W. A. Burt, February 25, 1836, a controversy occurred over the rightful inventor of the compass. The question was discussed at the meeting of the Michigan Surveyors' and Engineers' Association held at Ann Arbor in 1886. Mr. Burt's side was very ably defended by his grandson Horace E. Burt, of Waterloo, Iowa, in 1908, in a paper too long and exhaustive to be included in these records, but which has been filed in the archives of the Society. John Mullett of Michigan laid claim to part, if not all the credit of the invention, or at least, to perfecting the instrument. Mr. H. E. Burt calls attention to the fact that Mr. Mullett's son who gave important testimony, was only ten years old in 1835 and could not have been a very valuable witness. Mr. John H. Forster, a brother-in-law of Mullett, claims that Mullett suggested the solar compass by adopting the principle of the sundial. Mr. E. H. Martin's evidence was very strong and convincing in Burt's favor, from experimental knowledge of the compass and its practical use, as he served with him in making many surveys. John Burt, oldest son of the inventor, as well as another son, Austin, gave a history in 1878 of his father's invention.

Mr. Mullett, his contestant, in his letters always alluded to the instrument as Burt's Solar Compass and Mr. Burt's son Alvin first brought out the instrument in Milwaukee, in 1835 and 1836. On Mr. Burt's return from patenting the compass he displayed the instrument at Philadelphia, Pa., and the committee of the Franklin Institute awarded him the Scott Legacy Medal and $20.00.

Mr. John H. Forster in Michigan Pioneer and Historical Collections volume eight in his memoir of his brother-in-law, Mr. Mullett, lays no claim for the invention.

On the Mullett side of the controversy Mr. John J. Watkins, an old surveyor, in January 1886 made a public statement that John Mullett did as much to perfect the Solar Compass as Mr. Burt. Mr. H. E. Burt did not deny it at the time, though he was engaged in the attempt to secure an appropriation from Congress for the Burt heirs recompens ing them for use of the invention. Mr. Hodgeman admits that no claim was made of Mullett having anything to do with the original conception of the Solar Compass but that he did aid in carrying out a few practical details.

In Mr. Burt's petition to Congress for an allowance to him for the use of the instrument made just before the expiration of his patent he sent a pamphlet and engraving made fourteen years previous and claimed he had been constantly improving it until it was practically perfect. This was signed and sworn to January 4, 1850. The allowance was asked to reward twenty years labor and thousands of dollars expenditure for an invention of immense benefit to the government and for which Burt had never received only eighty dollars renumeration. Congress reported his case favorably three times but after an unfavorable one in the 49th Congress of 1887, the Burt heirs have made no further claim.

Some imperfect surveys which resulted in loss to the government were blamed to Burt's assistants and considered offsets to his claims. There is no doubt that Mr. Burt never received proper compensation for the resurveys called for by defective work.

Mr. Burt's character made it possible for his friends to give him an able and convincing defense and his invention certainly is worthy of praise and public reward.

HISTORICAL LIGHTS FROM JUDICIAL DECISIONS1

BY EDWARD CAHILL

The history of a nation is to be looked for in a great variety of places. Its traditions, its public and private records, its religious and social orders, its literature and its laws, each yield copious results to the researches of the historian. The social, religious and economic conditions of a nation at any period of its history, the state of the domestic relations, the rights of property and of succession, the growth of personal liberty, all these and many more find their accurate expression sooner or later, in the written or unwritten laws of the land. And the movement of society, whether it be forward or backward, will there be indicated.

The savage needs few laws and such as he has are elementary and as unstable as the will of a tyrant ruler. The nomad must have laws to protect his flocks and herds, and his possessary rights of pasturage, and he needs little more. The argiculturist requires, for his protection. more complicated land laws, and the advent of trade, navigation and manufacturing have been marked by the appearance of laws for their protection. To speak inversely to the fact, when laws for the protection of these interests are found, the existence of such interests may be con clusively inferred.

'Read at midwinter meeting at Ann Arbor, Dec. 13, 1907.

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