The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-08-22

among The powers which nave Ieeenuy fallen Out
of ths Commissioners hands are the control OF the
patent fund and the appointing power others need not
be mentioned Congress in recognizing the Patent OF.
flee conferred these powers upon the Commissioner in
terms so clear that the Secretary Forsyth) declined all
interference with them, and the course has been
rgidy pursued by all succeeding Secretaries until within
the last three years But The financial power and
the appointing power, the purse and the sword OF the
Patent Office virtually in other hands. while the
sponsibiy connected with their exercise remains heavily
resting upon the Patent Office Money is expended under
ORDERS but the Office bears the responsibility; appoint
ments are made by "powe behind The throne, but the
consequences fall upon ''the throne" make charges
OF usurpaon, do impugn motives. but simply refer
to nconteslabe facts and ask how can the reputation of
the Office the reputation OF lis principal officers, with
stand the effects OF such causes
Again: from the reorganization OF the Patent Office
the position OF an examiner has been considered perma.
nent and the appointment OF such officers has been made
with reference TO qualifications and permanency. Per-
manency and experience have been regarded as fun
damenta essentials in that branch OF the office. To
avoid the appearance Of partisan considerations no
democratic administration has ever for hour permitted
majority of democrats to hold the Office OF examiner,
thus excluding every petex for the future Introduction
of partisan influences in the corps You will recollect
that at the time you assumed the management OF the
office from democratic hands, the examining corps con-
sisted of five wings and three democrats; but you
also aware that when Congress authorized increase OF
four members in that corps, cuery neW dppoDtee ioas
oig, making nine wings and three democrats and you
i'll further recoect that when vacancy occurred by
the resignation OF Dr. Page OF the reccntlyapponted
assistants, wing promoted to the exclusion of two
democratic assistants who had served for years in the
grade and finally, you will notice that in vacaing
my position, among the five chief examiners whom
leave in the Office not is democrat. Under these
circumstances iii vain to expect orbearance on the part
OF incoming administration, retaliation will follow OF
course, and the of prescription will after
periodically devasate the examining corps, and not
be certain that il will not, time other, fall
upon himself The prospects OF the examiners blight
ed and only remains for each TO select another walk Of
life, while his duties fall into inexperienced hands. II
will be found easy to confer appointments, but difficult
create examiners Lords and Secretaries made by
breath, but mechanicans and examiners are of slow
and laborious growth.
II would seem that enough had already been done to
the prosperity ofthe Patent Office and OF its exann
ers; but new and serious of complaint has
Gently been brought to our notice in the form OF COM
muncauon from the Secretary of the Interior. This
document virtually charges the examiners indiscrimnate-
y with allowing personal hostility Danish official cour-
esy from amongst us, and seriously impair and embar-
the efficient discharge OF official duties This charge
far as am concerned, is slandeous and insulting
without shadow of foundation excuse, and chal.
enge the honorable Secretary to show that he ever
heard such charge against out of any mouth from
any pen but his own So far my observation extends
the charge is equally unjust against my colleagues.
cannot permit any Secretary to such language 10
me in relation to Official station coners no right
10 take liberties with my reputation gentleman a
public officer desire lectures official decorum from
official who does not, in his own communication and
department, manifest better understanding of the SUBJ
ec and higher regard for the rights of bis subordi-
mates. month has elapsed since the receipt OF the
above mentioned communication /; and although have
every to believe that the Secretary has since been
fully informed of the injustice OF his impuiaons they
have not been in any way modified withdrawn II there
other reasons, self Prospect would prompt resg
nation as the only means of avoiding a recurrence o.
similar ndgnities.
In taking leave Of you, sir, beg you to accept my
thanks for the Kindness confidence, and respect which
you have uniformly shown during the entire term O.
our official relations.
have the honor TO be, very respectfully, your obed
ent servant, w. N. z. FITZGERALD.
Hon. THos. EwBASK, Commissioner OF Patents.