under the act of 1837. They are not qualified officers, but necessarily admitted to the secret archives, and other business requiring care and responsibility. These places, it is believed, should be filled by permanent clerks, sworn and qualified as such.

As examples of the necessity of permanent aid and increased compensation to certain branches of business, the duties of some of the officers whose desks are over-tasked are here referred to, by extracts taken from a report made by the Commissioner to the Secretary of the Interior, in September last, in obedience to a resolution of the Senate of the 7th of March, 1851, in relation to the classification of clerks, and "apportioning their salaries according to their services," with slight alterations, in which he recommended

First. That the salary of the CHIEF CLERK of this bureau be increased to two thousand dollars per annum. This increase would only place the chief clerk of the Patent Office on an equality with those of other bureaus who receive a reasonable compensation, and who are exempt from the necessity of giving bonds, with surety, for faithful performance of duty, required by the chief clerk of this office.

Besides his heavy clerical and administrative duties, the entire business of the office passes through his hands, receiving its appropriate direction to the different branches. The duties thus devolving and accumulating upon him, rendered the services of an assistant necessary. This aid, supplied under the act of 1837, authorizing the employment of temporary clerks, is intended, also, to relieve other desks, and the clerk. ship should be made permanent.

Second. That the salary of the DRAUGHTSMAN, which is now twelve hundred, be raised to fifteen hundred dollars.

He has charge of the secret archives of the office; the drawings patented and rejected; pending files and evidence in cases of interference; receives applications from the chief clerk, entering them in books kept for that purpose, before they are distributed to the examiners; examines all drawings attached to patents before they go out of the office, and all copies of drawings made for courts or other purposes, besides attending to a large amount of miscellaneous business. It was found impossible, before the increase of the examining corps, for this officer to give his personal attention to these multifarious duties. Accordingly, an assistant was assigned to him under the act of 1837, whom I recommend to be made a permanent clerk.

Third. The MACHINIST. The duty of the machinist is to receive, classify, and arrange the models, to exhibit to inventors such classes as may be in the line of their discoveries; furnish the examiners with such as may be required in their examinations; keep records of those patented, suspended and rejected, and to conduct the correspondence relating to models, generally. The number of these interesting proofs of the inventive genius of the country has doubled within a few years, and now amounts to about 20.000. It has long been impossible for one person to meet the demands of this department. An assistant was necessarily appointed some years ago, and paid out of the contingent fund; and as the duties of the assistant are equally responsible with those of the machinist he having a knowledge of models of pending applications and others belonging to the secret archives--he ought to be a sworn officer, and his place a permanent clerkship.

Fourth. That the salary of the ACCOUNTING or DISBURSING CLERK be increased to $1,500 per annum, and he be required to give bonds.

He has charge of the records of the office-the patented and withdrawn files; and is required to give information in relation thereto whenever called upon. He is also the accounting and disbursing clerk, and conducts the correspondence in relation to withdrawals; the discharge of which duties involves a heavy responsibility, and requires a person of not only reputable talents, but also of rigid integrity. Seventy or eighty thousand dollars passes through his hands annually, and yet for a salary of $1,200 he assumes all the responsibility of such a trust.

Fifth. That the salary of the ASSIGNMENT CLERK, who now receives $1,000, be increased to $1,200. When this salary was authorized, the amount was, in a measure, commensurate with the duties performed; but, owing to several changes in the business and personnel of the office, many very important matters have been transferred from other desks to his, making it a very responsible and laborious position. He is charged with the preparation of all certificates for copies of records, files, &c., conducts the correspondence respecting copies, transfers of patent rights, and miscellaneous inquiries, and receives and accounts for the fees paid for copies and for recording deeds. In miscellaneous correspondence, which pertains to his desk, questions often arise involving preliminary legal points, requiring a competent knowledge of the patent law, as well as a thorough acquaintance with the practice of the office.

4. Librarian. The library is an indispensable clement in transacting the business of the office; and it is essential that it keep pace with the advancement of science and the arts, abroad as well as at home. As its importance and contents daily increase, it is desirable that a salary be attached to the librarianship commensurate with the services required; one sufficient to engage a person whose habits, education, and tastes, fit him for the position. Besides cataloguing, collating, and indexing the books, he might keep a digest of patents as they are issued, and post up materials for and aid the Commissioner in the preparation of the annual report. He should understand the German and French languages. would recommend that the salary be made permanent, and not less than $1,200.

I

5. Patent laws. It is believed that a registry law might be beneficially substituted for the law relating to designs. It would be more comprehensive, and better calculated to secure the objects sought, than the law at present in force.

I would recommend that in all cases where a patent is granted, upon proof that the applicant invented it prior to the issue of a patent granted before the application, or prior to a publication of the same invention made before said application, or prior to the use of the same by others before the filing of said application, said patent shall take the date of the earliest patent, the earliest publication, or the earliest use of said invention.

I would also recommend that, for the purpose of diminishing litigation, a system of cumulative damages and cumulative costs be authorized, depending upon the number of times a patent has been affirmed or invalidated before a court of competent jurisdiction. It is believed that such a system will, to a great extent, prevent calling the validity of patents in question for mere purposes of vexation, and will also check

the bringing of suits upon invalid patents for the purpose of procuring unjust tribute through fear of litigation. No plan has occurred to me which I consider so well calculated to check unnecessary and vexatious litigation under patents.

6. Judge of appeals.-The infirm health of the venerable chief justice of the District of Columbia, renders it necessary for Congress to make early provision for giving appellate jurisdiction over the decisions of the office.

In submitting the following letter from the chief justice, I feel it my duty again to call the attention of Congress to the total inadequacy of the compensation allowed by the act of 1837 for the services therein prescribed.

My immediate predecessor, in the report of 1847, uses the following language in reference to this officer: "From that time (March 3, 1837) down to the present, many appeals have been taken from the decisions of the Commissioner and decided by the chief justice, who has sustained his decisions by able and elaborate opinions, involving important principles of patent law." These opinions were published by Congress; they constitute the most valuable body of decisions on our present patent daws; are respected as authority in all our courts; and evince the high integrity, profound learning, and great industry of their author.

For these labors his only pecuniary compensation was $100 per annum; whereas single cases have occurred wherein a larger sum would have been inadequate. I respectfully suggest that an additional sum be allowed Judge Cranch out of the patent fund, as an acknowledgment of the important services he has rendered to this office.

Letter of Judge Cranch.

WASHINGTON, D. C., December 15, 1851. DEAR SIR: I am unable, by reason of great age, sickness, and infirmity, to discharge the duties imposed upon me by the patent laws of the United States.

I have, therefore, petitioned Congress to repeal such parts of those daws as require me to hear and determine appeals from the decisions of the Commissioner of Patents.

My memorial is, I believe, referred by the Senate to the Committee on the Judiciary.

I suppose some substitute will be required for the provisions which may be repealed.

With great respect, I am, dear sir, your obedient servant,

Hon. THOMAS EWBANK,

Commissioner of Patents.

W. CRANCH.

7. Analytical and descriptive Index of Inventions.--Respecting this great desideratum, I beg to refer to my Keport for 1849, page 516; to repeat the recommendations and to urge the appropriation therein named, for the commencement of such a compilation. Its importance, utility and necessity are becoming more and more apparent. No state paper and no mere human volume can ever surpass it in immediate and eudur

ing citizens, of all parties, than by securing to it this immunity. It was designed, as generally understood, by the law of 1836, to be an independent bureau, with a very limited check vested in the department. Such was the avowed intention of those who drew up the law, and such, as has been always understood in the office, was the intention of Congress, as manifested in instructing the Commissioner to report his proceedings directly to both Houses; in special legislation for his guidance; and, contrary to the practice in any other department or bureau, requiring from him bonds for the faithful performance of his duties, and for the disbursement of moneys from the Patent fund.

"A difference of views between the office and the department elicited the opinion of the Attorney General, that, The general supervision and direction over the Patent Office, which is vested in you, (the Secretary of the Interior,) comprehends the appointment of such temporary clerks in that office as are authorized by law; and also the payment of their salary or compensation out of any money appropriated for the purpose. And, of course, that the Commissioner of the Patent Office, in the employment or appointment of clerks, and in the disbursement of money appropriated for their compensation, acts under the superintendency and subject to the control of the Secretary of the Interior; and that it makes no difference in the case whether the money so to be disbursed is appropriated out of the agricultural fund, the Patent Office fees, or out of any other fund.'

"Since this opinion was communicated to me, it has been invariably respected; but as long as it is enforced, this bureau can never fully accomplish the objects for which it was organized. Whatever may be the practice in other bureaus, it will be impossible for any Commissioner to carry on, with credit to the country and satisfaction to inventors and patentees, the peculiar, important and multitudinous affairs, and to reconcile the often conflicting interests committed to his charge, if he be not permitted to judge of the merits and qualifications of his assistants, or to remove such as are incompetent, or in other respects unfit: that is, if he is made responsible for the acts of those over whom he has no control. And again: if the department has the control of the disbursements, it is but reasonable that the Secretary should file the required sureties, and not the Commissioner.

"On subjects deemed vital to the integrity and usefulness of the Patent Office, there should be left no room for doubt; hence, I respectfully recall these to your consideration, and propose to submit them to Congress, with a view of having the powers and responsibilities of the office distinctly defined."

The arts and sciences have no affinities with, and should not be linked to, temporary politics. To suppose the business of this office can be carried on, if its desks are occupied, as in some departments, by persons even of general qualifications, instead of special fitness, is a great mistake. Mechanical inventions and discoveries, for which patents are issued, are based upon the great physical laws of nature, and are illustrations of them; hence it is in conformity with those laws that the decisions of the office must be made. But this requires close and undivided attention, and, above all, freedom from extraneous interruptions. and influences. These are, and ever must be, detrimental in the highest degree. They not only embarrass the proper and harmonious working

of the institution, but are subversive of the great objects contemplated in its organization.

The duties of the Commissioner and examiners are of too purely scientific a nature for them to be subjected, with advantage, to heads and sometimes chief clerks of departments, who cannot be expected to enter into the peculiar business of the Patent Office, or appreciate the very serious evils of interference. If the Commissioner and chief officers are not competent to perform, or are not faithful in the discharge of their onerous tasks, they should be removed; but if they are able and honest, they ought not to be harassed with calls to answer complaints preferred to the Department of the Interior, and often to the President, by disappointed applicants and their friends; by parties stimulated with promises of large sums, made payable on the issue of a patent; and by agents and speculators, smarting under the loss of such contingent fees. Nor is there the slightest ground or reason for such attempts at coercion; since, if the office improperly refuse a patent, the law has provided a court of appeal, in which its decisions can be revised and reversed.

Dissatisfaction on the part of applicants is unavoidable, because of the number of old devices presented for patents; nor can this ever be prevented, unless by the publication of such an Index of Inventions as has been in previous reports, and again in this, recommended to the favor. able attention of Congress. There is no disposition in the office to refuse patents; the feeling is the very reverse. Rejections are made only in performance of a duty imposed by law. This duty is an unpleasant and arduous one, often blighting the fond anticipations of ingenious and worthy men, and often necessitating a more or less elaborate defence of the grounds of action in the case; whereas, in granting a patent the office is relieved from these and other difficulties. Hence it is absurd to suppose that refusals are wantonly made, there being no possible motive to refuse a patent, but every inducement to grant one. When doubts exist, the benefit is always given to the applicant.

If systematic endeavors to overawe and overrule the Commissioner be not frowned down, they will, in time, affect the integrity of the Patent Office, and will make it a source of injustice to the public and of grievous wrongs to real inventors. Its judicial character requires that it be cordially sustained, and jealously protected from improper influences. It should be surrounded with the same safeguards that defend the independ ence of every United States court. What would be the condition of judges of the Supreme and of other courts, if they were constantly called upon to reopen carefully adjudicated cases, and answer complaints of defeated litigants, accompanied with insinuations and often direct charges. of ignorance, imbecility, partiality, corruption, and kindred attributes? Few high-minded men would accept and fewer would remain in office. In this bureau, everything is matter of record. No decision is made without communicating the reasons, in writing, to the parties concerned; they are placed on file, and become part of the public archives of the office. This, together with a court of appeal, secures the rights of ap plicants, and is an ample guarantee against unjust and arbitrary decisions.

It would, in my opinion, have been a dereliction of duty to have refrained from thus soliciting the attention of Congress to a subject so essentially affecting the character and usefulness of the Patent Office;