The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-08-27

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Appropriation bill.
0u- Members of Congress DESTROYS Of max
ing payments to this Office are informed that
our Reporter in the House of Representatives is
authorized to receive the same and receipt
| therefor. ..r+
The Secretary OF the Interior and the Pa
tent Office.
| Our attention has been called to letter
published in the Union newspaper of Sunday
morning, from the pen of Mr.. FITzGERALD,
late an examiner in the Patent Office, making
sundry vague charges against the SECRETARY
OF THE INTERIOR, which may be classed under
the following beads:
! |. The usurpation of power not conferred
upon him By law in reference to the Patent
Office. by making appointments in that bureau
and otherwise interfering in its management
2. Making appointments Of incompetent ex-
aminers from political considerations. ~
3. That he had addressed an offensive and
insulting communication to the Board of Elk
amners.
| We have sought to inform ourselves in re-
gard ID the facts of this case, and proceed to
show how far these charges are founded in
truth.
LIST. As to the usurpation Of power IN max
ing appointments. We learn that, shortly
after the present Secretary came into office,
the question arose by whom are the tempo
rary appointments in the Patent Office to
be made-by the Secretary or the Commits
| sioner. The question was, referred to the At
torney General, who gave it as his opinion that
it was the right and the duty Of the Secretary
to make the appointments. In conformity with
this decision Of the Attorney General. the Sec
rotary has made the appointments, but IN all
cases upon consultation with the Commissioner,
and in almost every instance upon his nomi
nation. The usurpation therefore consisted in
| acting in conformity with the decision of the
| highest law officer of the Government
| I'd. AS to the appointments of examiners.
| We understand that since the present Secretary
came into Office, three principal examiners
have been appointed-two to fill new offices
created by the last Congress, and one to sup
| ply the vacancy occasoned by the resignation
| of Professor PAGE. In no case has there been
any removal; and in every instance the places
have been filled by the promotion of assistant
examiners Of eminent ability, not only with the
| sanction, but at the urgent request and nomi-
nation of the Commissioner himself. They
were also recommended for promotion by nu-
merous gentlemen Of the highest scientific
character, of both political parties. In the case
particularly complained of, Chat of filling Pro-
fessor PAeE's vacancy,) we are informed that
the Secretary was not even aware of the poll
tics of the unsuccessful candidate until after
the appointment; never having made that the
subject of inquiry. These remarks are appli
cable likewise to the appointments of the as
sstant examiners. We understand that politi-
cal considerations have never governed the
Secretary in making any appointments either
to the place of examiner or assistant examiner
of patents. Certainly the most ultra advocate
for impartiality, and the avoidance of even
the appearance of partisan considerations, - could
not require more than this.
The third charge is easily disposed of. Mr..
FIrzGERALD is represented to have been a
person whose talents were directed to getting
IN rebellious and insubordinate spirit in the
corps to which he was attached. This course
seems to have been brought to the notice of
the Secretary of the Interior by the Commits
sioner Of Patents, and to have drawn from the
Secretary an adnonition to whom it might
concern, which appears to have offended Mr..
FIrzGERALp, who considers himself insulted
by the ''indiscrminate" action of the Secretary!
The showing of the case proves, incontestably,
that ii the Secretary erred at all in the matter,
it was in too great forbearance towards Mr..
FITZGERALD, and those whom he had In
fuenced to lend him countenance in his plans
of characterization.
Mr.. FITZGERALD is of the opinion that sex
aminers" are not easily made; and we agree
with him in this regard, though not to the ex-
tent Of believing that the public service is like
ly to suffer from his unmaking. His commu-
nication, in our judgment, shows from its petu-
lence and ill-temper that he is a very unsuita-
BILE person to decide the questions of property
that an examiner is sometimes called upon TO
weigh in judicial scales. The power Of the
examiners in the Patent Office is altogether
larger than ought to be entrusted to any such
officers. The whole system is wrong. Patents
ought to issue here as in England-and as for
merly in this country--upon the application of
the inventor, and not upon the award of an ex-
aminer. Issue patents to all who apply for
them, and then rights under them and questions
Of property may be disposed of publicly by
courts and juries, and not privately by single
individual, certainly burdened with more than
he can do, probably incompetent, and possibly
corrupt.
Alabama.