132 Memorial of George Drozvn Goode. 



I.e;TTKR from THK commissioner of patents to COI.ONEI. ABERT, 

 DECEMBER 7, 1S43. 



Patent Office, December 7, 1S43. 



Sir: I have to acknowledge the receipt of yours of the 5th inst. 



The Hon. Sec'y of War has, it seems, referred to the Chairman of the Commit- 

 tee of the National Institute the answer of my letter to his Department, offering 

 to receive for exhibition at the National Gallery the "copper rock." 



I can not withhold my surprise or the expression of my regret that the committee 

 of the Institute on the reference of my letter deemed it necessary to declare their 

 unwillingness to recognize any such place as the "National Gallery" under my care 

 and to question the right of the Commissioner of Patents to the use of the large Hall 

 in the Patent Office building, and still more at their claim of right to use that Hall 

 when their accommodations were only enjoyed at the convenience of the Commis- 

 sioner of Patents. To this unexpected reply to my letter I can not believe the Hon. 

 Secretary of War has given his approval. 



Permit me to refer the Committee to the Act of July, '36, reorganizing the Patent 

 Office. The first section gives the Commissioner of Patents the care of the models 

 of Patents, records, books, &c. , &c. 



The 2oth section establishes a "National Gallery," in which the Commissioner of 

 Patents is bound to exhibit not only models but fabrics, manufactures, &c. 



To carry out the design of this law cases have been erected at great expense and 

 many articles collected, while additions are daily made. 



It is true that the National Institute did seek to obtain the entire control of the 

 large room in the Patent Office. A refusal was given because the Patent Office 

 building was by law placed under the care of the Commissioner of Patents and 

 because the room was needed, at least in part, by the office. 



The law of August 26tli, '42, to which you refer, simply enacts: 



' ' That until other provisions be made by law for the safe keeping and arrange- 

 ment of such objects of natural history as may be in possession of Government, the 

 same shall be deposited and arranged in the upper room of the Patent Office under 

 the care of such person as may be appointed by the Joint Committee of the Library. ' ' 

 The act evidently did not contemplate the exclusive control of the room, but a super- 

 vision of the articles entrusted to the care of said Library Committee. 



This Committee on advisement with the War and Navy Department appointed 

 Dr. C. Pickering, who enjoyed the use of the Hall in common with the. Patent 

 Office in a manner I had supposed entirely satisfactory to all concerned. 



To relieve this Bureau from care and responsibility I proposed to the Hon. Secre- 

 tary of State to transfer to Dr. Pickering the custody of the archives, jewels, etc., 

 received from the Department, but the Secretary declined, observing the Commis- 

 sioner of Patents was a branch of the State Department, and he could not consent 

 to place the articles confided to him under care of a corporation or a stranger over 

 whom he had no control. 



In July last Dr. Pickering resigned his trust. The Joint Committee of the Library, 

 upon whom alone devolved the right of filling the vacancy, entirely unexpectedly to 

 myself, conferred the appointment on the Commissioner of Patents. Of course the 

 Commissioner of Patents has now by law the custody of the large Hall, which in all 

 official correspondence has been called the ' ' National Gallery. ' ' 



I will remark that the Hon. Secretary of State expressed a wish in the letter giv- 

 ing directions as to the large Hall that the National Institute might be permitted to 

 occupy any "empty cases" so long as this could be done without inconvenience to 

 the Patent Office. In this request I most heartily acquiesced, and have permitted 

 the Institvite to enjoy from time to time a ver}^ considerable portion of the upper and 

 lower stories. And while the Commissioner of Patents has the sole custody of the 



