430 CONGRESSIONAL PROCEEDINGS. 



gations imposed upon eveiy man who, at this bar, had 

 taken the oath to support the constitution and to act for the 

 best interests of the people. It was in violation of that 

 spirit which ever ought to actuate the American nation, to 

 be the recipient of this munificent sum, and yet to suffer 

 the people — the masses, the oi poUoi — to be so long deprived 

 of any benefit from it. But if there was strength enough 

 in the House to pass the bill, he had no particular pride in 

 taking another course. He should, therefore, submit his 

 proposition at the proper time, leaving the committee to act 

 upon it as it might think proper. 



The substitute, of which Mr. M. gave notice, is in the fol- 

 lovv'ing words : 



A BILL to establish the Smithsonian Institution for the " increase and 

 ditfusion of knowledge among men." 



"Whereas James Smithson, Esquire, of London, in the Kingdom of Great 

 Britain, by his last will and testament did give the whole of his property 

 to the United States of America, to fumd, at "Washington, under the name 

 of the Smith-onian Institution, an establishment for the increase and diffu- 

 sion of knowledge among men ; and whereas the creation of a university, 

 academy, or college, is liable to constitutional difficulties, sectional jeal- 

 ousies, and would absorb a large proportion of the funds in the erection of 

 buildings, and would more or less interfere with the numerous institutions 

 througliout our country; and with a view of carrying out, in the simplest 

 form, the benevolent intentions of the donor : 



Be it enacted by the Senate and House of Representatives of the United 

 States of America iti Congress assembled, That the management of this fund 

 shall be entrusted to a board of managers, to bo styled the Trustees of the 

 Smithsonian Legacy, to bo composed of the President and Vice President 

 of the United States, the Chief Justice, during the time for which they 

 shall hold their respective offices, the heads of the dill'erent departments, 

 the foreign ministers, the Mayor of the city of "Washington, members of the 

 Senate and House of Eepresentatives, together v/ith seven other persons, 

 two of whom shall be members of the National Institute, and resident in 

 the city of "Washington, and the other five thereof shall be inhabitants of 

 States, and no two of them of the same State. And the managers to be 

 selected as aforesaid from Congress shall bo appointed immediately after tho 

 passage of this act — the members of the Senate by the President thereof, 

 and the members of the House by the Speaker thereof; and those so ap- 

 pointed shall serve until the fourth "Wednesday of 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 they shall also constitute and bo denomi- 

 nated a jointstanding committee of Congress on the Smithsonian Institution ; 

 and vacancies occasioned bj' death, resignation, or otherwise, shall be filled as 

 vacancies in committees are filled ; and tho other seven managers aforesaid 

 shall serve for the term of tv/o years from the fourth Wednesda}- of December 

 next after the passage of this act; when, and on every alternate fourth 

 "Wednesday of December thereafter, a new election thereof shall be made 

 by joint resolution of Congress ; and vacancies occasioned by death, resig- 

 nation, or otherwise, may be filled in like manner, by joint resolution of 

 Congress. And the said managers shall meet and organize, by the choice 

 of a president, in the city of Washington, on the first Monday in September 



