244 PROCEEDINGS OF THE BOARD OF REGENTS. 



Smithsonian Institution, 



Washington, February 7, 1866. 



Sir : I am directed by a resolution of the Board of Regents of the Smith- 

 sonian Institution, adopted at a meeting on the 3d of February, to make applica- 

 tion for the repayment in coin of the six instalments of interest on the Smith- 

 sonian fund for the years 1862, 1863, and 1864. 



These payments were made in currency, but it has since been decided by the 

 legal adviser of the Treasury Department that the Institution was entitled, by 

 the usages of the government in paying the interest on the permanent debts of 

 the United States, to receive its interest in coin. 



The Board of Regents have been informed by Chief Justice Chase that, when 

 Secretary of the Treasury, he had made several repayments of this kind, and there- 

 fore they consider that the Institution is not only injustice entitled to this claim, 

 but that also a precedent has been established by which it can be readily allowed. 



I have the honor to be, very respectfully, your obedient servant, 



JOSEPH HENRY, Secretary. 



Hon. H. McCulloch, 



Secretary of the Treasury. 



The Secretary stated that Joseph H. Patton, esq., attorney, 112 Broadway, 

 New York, had kindly consented to attend at the settlement of the account of 

 the executor of Mr. Wynns, that gentleman having from the beginning been 

 fully acquainted with all the facts of the bequest. 



Mr. Patterson, from the special committee appointed at the last meeting, re- 

 ported that a conference had been held with the Library Committee of Congress, 

 and that certain propositions had been discussed relative to the transfer of the 

 library of the Institution, and he recommended the adoption of the following as 

 the conditions on the part of the Institution : 



1. That the Smithsonian library be deposited in the library of Congress, 

 subject to reclamation when the Regents may so desire. 



2. The public to have access to the library for purposes of consulcation every 

 ordinary week day. 



3. The Institution to have the use of its own books as at present, and through 

 its Secretary to have the use of the library of Congress, under the same regu- 

 lations as senators and representatives. 



4. That the books, maps, charts, &c, of the Smithsonian library be properly 

 cared for as are those of the library of Congress. 



After considerable discussion, in which Messrs. Fessenden, Trumbull, Dela- 

 field, Patterson, and Farnsworth took part, on motion of Mr. Trumbull the fol- 

 lowing was adopted as a substitute for the first proposition reported by the 

 committee. 



1. That the library of the Smithsonian Institution be placed on deposit with 

 the library of Congress, not to be withdrawn except on reimbursement by said 

 Institution to the United States of the expenses incurred in taking care of said 

 library, or on such terms and conditions as shall be mutually agreed upon be- 

 tween the United Slates and the Regents of the Institution. 



On motion of Mr. Patterson, it was 



