800 CONGRESSIONAL PROCEEDINGS. 



We trust that you will have this item placed in one of the appropriation bills now 

 under consideration by the committee. 



I have the honor to be, your obed't serv't, 



Spencer F. Baird, 



Secretary. 

 Hon. J. D. C. Atkins, 



House of Hepresenkdives. 



June U, 1878. 



Deficiency act for 1878, etc. 



To repay to tne Smithsonian Institution expenses incurred in the 

 transportation of public documents under the joint resolution approved 

 July 25, 1868, $1,781. 



(Stat., XX, 124.) 



June 19, 1878. 



Legislative, executive, and judicial act for 1879. 



Library of Congress: For expenses of exchanging public docimients 

 for the publications of foreign governments, $1,000. 

 (Stat., XX, 182.) 



THE SMITHSONIAN INSTITUTION A CORPORATION? 



May 6, 1878— House. 



In considering a ])ill (H. 3259) providing for a pormanejit form of 

 government for the District of Columbia, 



Mr. Joseph C. S. Blackburn remarked that he was astonished that 

 the gentleman from Ohio [Mr. J. A. Garfield] should have raised the 

 question of the constitutional power of Congress [to elect a Commis- 

 sioner for the District]. He referred to section 6, of article 1, of the 

 Constitution of the United States and continued: Now, the gentleman 

 from Ohio [Mr. Garfield], I apprehend, found no difficulty in receiving 

 and accepting an appointment, which I believe he holds to-day, as one 

 of the Regents of the Smithsonian Institution. 



Mr. Horatio C. Burchard argued that the Commissioners proposed 

 for the District of Columbia were officers of the United States and 

 said: The appointment of a commission by Congress — for instance, the 

 silver commission — to ascertain certain facts, or the appointment of a 

 person as a trustee, or as one of the persons named to represent the 

 corporation of the Smithsonian Institution, does not present a parallel 

 case. These [the Commissioners of the District] are persons who are 

 required to perform duties that are executive duties. They have to 

 execute the law, etc. 



Mr. James A. Garfield. In regard to the position of Regent of the 

 Smithsonian Institution, * * * that Institution is a private cor- 

 poration and the House is invited, merely as a matter of courtesy, to 



