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sideration. We quote from the Congressional Globe of that year, page 749:
“ The question again recurring on the original bill, as amended,
“ Mr. Hough offered the amendment of which he had given notice as a substitute for the entire bill, being a bill consisting of fourteen sections.
“Mr. Marsh moved several amendments, all with a view, as he said, to direct the appropriation ENTIRELY to the purposes of a LIBRARY.
“ The first one was to section 7th, to strike out the words and such lecturers as may be employed by said Board,' and the words and lecturers, and all other officers of the institution
“ The question being taken, was decided in the affirmative-ayes 72, noes 39.
“ So the amendment was agreed to
“Section 8. And be it further enacted, That the said Board of Regents shall employ so many and such able men to lecture upon useful subjects, and at such times and places, as they may deem most beneficial for the increase and diffusion of knowledge among men ;' and shall also, during each session of Congress, cause a course of such lectures to be delivered, weekly or semi-weekly, publicly, in the lecture-room of said institution, and shall make all suitable provisions for the accommodation of all members and honorary members of said institution and of both Houses of Congress.
“ Also, an amendment to the 9th section, to increase the annual appropriation for the library from $20,000 to $25,000. Agreed to.
“Mr. Tibbatts moved to strike out the first section.
“ The chairman decided the amendment to be out of order, that portion of the substitute bill having been passed.
" Mr. Marsh moved an amendment to strike out the 10th and 11th sections of the substitute, in the words following:
“ Section 10. And be it further enacted, That the said Board of Regents shall make all needful rules, regulations, and by-laws for the government of the institution and the persons employed therein ; and, in prescribing the duties of the professors and lecturers, they shall have reference to the introduction and illustration of subjects connected with the application of science to the productive and liberal arts of life, improvements in agriculture, in manufactures, in trades, and in domestic economy; and they shall also have special reference to the increase and extension of scientific knowledge generally, by experiment and research. And the said regents shall cause to be printed, from time to time, any lecture or course of lectures which they may deem useful. And it shall be the duty of each lecturer, while in the service of the institution, to submit a copy of any lecture or lectures delivered by him to the regents if required.
“ Section 11. And be it further enacted, That it shall be competent for the Board of Managers to cause to be printed and published, periodically or occasionally, essays, pamphlets, magazines, or other brief works or productions for the dissemination of information among the people, especially works in popular form on agriculture and its latest improvements, or the sciences and the aid they bring to labor, manuals
explanatory of the best systems of common-school instruction, and, generally, tracts illustrative of objects of elementary science, and treatises on history, natural and civil, chemistry, astronomy, or any other department of useful knowledge, and may, at their discretion, offer and pay to any citizen or foreigner such sum or prize as they may deem discreet for the best written production of any such prize essay or work; and shall, whenever required by resolution of either House of Congress, cause to be printed and delivered to such House, for distribution among the people at large, as public documents of Congress are distributed, so many copies of such lectures, essays, pamphlets, magazines, tracts, or other brief works, as they may procure to be written or delivered, under the provisions of this act, as shall be required by such resolution, the expenses of which to be paid out of the funds of said institution.
“ The amendment was agreed to.
" Mr. Thurman moved an amendment, to strike out the 12th section. Rejected.
“ Mr. Douglas moved an amendment, as an additional section, (the 13th,) in the words following:
“ SECTION 13. And be it further enacted, That the author or proprietor of any book, map, chart, musical composition, print, cut, or engraving, for which a copyright shall be secured, under the existing acts of Congress, or those which shall hereafter be enacted, respecting copyrights, shall, within three months from the publication of said book, map, chart, musical composition, print, cut, engraving, deliver, or cause to be delivered, one copy of the same to the librarian of the Smithsonian Institution, and one copy to the librarian of the Congress library, for the use of said libraries.
“ The question being taken, the amendment was agreed to.
“ The question now being on adopting the substitute of Mr. Hough, as amended, was taken by tellers, and decided in the affirmativeayes 83, noes 40.
" So the substitute was adopted.
“ The committee then rose and reported the bill and amendments to the House.
" The question being first on agreeing to the substitute amendment of the committee
“ Mr. Boyd demanded the previous question, which was seconded. · The main question was ordered.
“ The yeas and nays were asked and ordered, and, being taken, resulted-yeas 81, nays 76.
“ So the amendment of the committee was adopted. - The bill was then ordered to be engrossed.
“ Mr. Gordon demanded the yeas and nays on the passage of the bill; which were ordered, and, being taken, resulted—yeas 85, nays 76.
“So the bill was passed.
“Mr. Owen moved to reconsider the vote on the passage, and moved the previous question.
“ The previous question was seconded, and the main question was ordered, and, being taken, was decided in the negative.
“ So the House refused to reconsider the vote, and the bill is finally
The bill passed the Senate precisely as it went from the House, and became The Law on which the institution has existed to this day. It is as follows:
AN ACT TO ESTABLISH THE SMITHSONIAN INSTITUTION.
AN ACT to establish the “ Smithsonian Institution,” for the Increase and Diffusion of
Knowledge among Men.
James Smithson, esquire, of London, in the kingdom of Great Britain, having by his last will
and testament given the whole of his property to the United States of America, to found at Washington, under the name of the Smithsonian Institution, an Establishment for the Increase and Diffusion of Knowledge among Men; and the United States having, by an act of Congress, received said property, and accepted said trust; therefore, for the faithful execution of said trust according to the will of the liberal and enlightened donor
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President and Vice President of the United States, the Secretary of State, the Secretary of the Treasury, the Secretary of War, the Secretary of the Navy, the Postmaster General, the Aitorney General, the Chief Justice, and the Commissioner of the Patent Office of the United States, and the Mayor of the city of Washington, during the time for which they shall hold their respective offices, and such other persons as they may elect honorary members, be, and they are hereby, constituted an “ Establishment,” by the name of the “Smithsonian Institution,” for the Increase and Diffusion of Knowledge among Men; and by that name shall be known, and have perpetual succession, with the powers, limitations, and restrictions hereinafter contained, and no other.
Sec. 2. And be it further enacted, That so much of the property of the said James Smithson as has been received in money and paid into the Treasury of the United States, being the sum of five hundred and fifteen thousand one hundred and sixty-nine dollars, be lent to the United States Treasury, at six per cent. per annum interest from the first day of September, in the year one thousand eight hundred and thirty-eight, when the same was received into the said treasury; and that so much of the interest as may have accrued on said sum on the first day of July next, which will amount to the sum of two hundred and forty-two thousand one hundred and twenty-nine dollars, or so inuch thereof as shall, by the Board of Regents of the Institution established by this act, he deemed necessary, be, and the same is hereby, appropriated for the erection of suitable buildings, and for other current incidental expenses of said Institution; and that six per cent. interest on the said trust fund—it being the said amount of five hundred and fifteen thousand one hundred and sixty-nine dollars received into the United States Treasury on the first of September, one thousand eight hundred and thirty-eight, payable in half-yearly payments, on the first of January and July in each year-be, and the same is hereby, appropriated for the perpetual maintenance and support of said Institution; and all expenditures and appropriations to be made, from time to time, to the purposes of the Institution aforesaid, shall be exclusively from the accruing interest, and not from the principal of the said fund. And be it further enacted, That all the moneys and stocks which have been, or may hereafter be, received into the treasury of the United States on account of the fund bequeathed by James Smithson, be, and the same hereby are, pledged to refund to the treasury of the United States the sums hereby appropriated.
Sec. 3. And be it further enacted, That the business of the said Institution shall be conducted at the city of Washington by a Board of Regents, by the name of the Regents of the Smithsonian Institution,” to be composed of the Vice President of the United States, the Chief Justice of ihe United States, and the Mayor of the city of Washington, during the time for which they shall hold their respective offices; three members of the Senate, and three members of the House of Representatives; together with six other persons, other than members of Congress, two of whom shall be members of the National Institute in the city of Washington, and resident in the said city; and the other four thereof shall be inhabitants of States, and no two of them of the same State. All the Regents, to be selected as aforesaid, shall be appointed immediately after the passage of this act--the members of the Senate by the President thereof, the members of the House by the Speaker thereof, and the six other persons by joint resolution of the Senate and House of Representatives; and the members of the House so appointed shall serve until the fourth Wednesday in December, the second next after the passage of this act; and then, and biennially thereafter, on every alternate fourth Wednesday of December, a like number shall be appointed in the same manner, to serve until the fourth Wednesday in December, the second succeeding their appointment. And the senators so appointed shall serve during the term for which they shall hold, without re-election, their office as senators. And vacancies occasioned by death, resignation, or otherwise, shall be filled as vacancies in committees are filled. And the other six members aforesaid shall serve, two for two years, two for four years, and two for six years; the terms of service, in the first place, to be determined by lot; but after the first term, then their regular term of service shall be six years; and new elections thereof shall be made by joint resolution of Congress. And vacancies occasioned by death, resignation, or otherwise, may be filled in like manner, by joint resolution of Congress. And the said Regents shall meet in the city of Washington on the first Monday of September next, after the passage of this act, and organize by the election of one of their number as Chancellor, who shall be the presiding officer of said Board of Regents, by the name of the Chancellor of the “ Smithsonian Institution," and a suitable person as Secretary of said Institution, who shall also be the Secretary of said Board of Regents; said Board shall also elect three of their own body as an executive committee, and said Regents shall then fix on the time for the regular meetings of said Board; and on application of any three of the Regents to the Secretary of the said Institution, it shall be his duty to appoint a special meeting of the Board of Regents, of which he shall give notice by letter to each of the members; and at any meeting of said Board five shall constitute a quorum to do business. And each member of said Board shall be paid his necessary travelling and other actual expenses in attending meetings of the Board, which shall be audited by the executive committee, and recorded by the Secretary of said Board; but his services as Regent shall be gratuitous. And whenever money is required for
the payment of the debts or performance of the contracts of the Institution, incurred and entered into in conformity with the provisions of this act, or for making the purchases and executing the objects authorized by this act, the Board of Regents, or the executive committee thereof, may certify to the Chancellor and Secretary of the Board that such sum of money is required; whereupon, they shall examine the same, and, if they shall approve thereof, shall certify the same to the proper officer of the treasury for payment. And the said Board shall submit to Congress, at each session thereof, a report of the operations, expenditures, and condition of the Institution.
Sec. 4. And be it further enacted, That after the Board of Regents shall have met, and become organized, it shall be their duty forth with to proceed to select a suitable site for such building as may be necessary for the Institution; which ground may be taken and appropriated out of that part of the public ground in the city of Washington lying between the Patent Office and Seventh street: Prorided, The President of the United States, the Secretary of State, the Secretary of the Treasury, the Secretary of War, the Secretary of the Navy, and the Commissioner of the Patent Office, shall consent to the same; but if the persons last named shall not consent, then such location may be made upon any other of the public grounds within the city of Washington belonging to the United States which said Regents may select, by and with the consent of the persons herein named; and the said ground so selected shall be set out by proper metes and bounds, and a description of the same shall be made and recorded in a book to be provided for that purpose, and signed by the said regents, or so many of them as may be convennd at the time of their said organization; and such record, or a copy thereof, certified by the chancellor and secretary of the Board of Regents, shall be received in evidence in all courts of the extent and buundaries of the lands appropriated to the said Institution; and upon the making of such record, such site and lands shall be deemed and taken to be appropriated by force of this act to the said Institution.
Sec. 5. And be it further enacted, That, so soon as the Board of Regents shall have selected the said site, they shall cause to be erected a suitable building, of plain and durable materials and structure, without unnecessary ornament, and of sufficient size, and with suitable rooms or balls for the reception and arrangement, upon a liberal scale, of objects of natural history, including a geological and mineralogical cabinet; also, a chemical laboratory, a library, a gallery of art, and the necessary lecture rooms; and the said Board shall have authority, by themselves, or by a committee of three of their members, to contract for the completion of such building upon such plan as may be directed by the Board of Regents, and shall take sufficient security for the building and finishing the same according to the said plan, and in the time stipulated in such contract; and may so locate said building, if hey shall deem it proper, as in appearance to form a wing to the Patent Office building, and may so connect the same with the present ball of said Patent Office building, containing the National Cabinet of curiosities, as to constitute the said hall, in whole or in part, the deposite for the cabinet of said Institution, if they deem it expedient to do so; pro