1843.] 



THE NAT102JAL INSTITUTE. 337 



which it possessed over the States. On this account chiefly, though a strict con- 

 structionist, like his friend on the lel't, (Mr, C. I. Ingersoll,) he had felt justified in 

 voting to incoporate the Institute. But there was another strong, if not stronger 

 consideration, wliich seemed to him to justify, not only the act of incorporation, 

 but for an appropriation for the aid to be aslicd in the proposed memorial. It was 

 this. The Institute was a public body, and, among other things, engaged in tho 

 care of certain articles of public property ; and, what most gentlemen might not 

 be aware of, the aid requested was towards defraying tho expense incurred by this 

 care. The expense consisted chiefly of postages on correspondence in relation to 

 those articles, and of the freight and due preservation of them. He said those 

 articles were public properly, and the Institute a public body; because, so far from 

 being a private enterprise, or its labor devoted to private objects, or the right of its 

 members to the collections under its charge being of a private character, it was 

 public throughout, and the legal interest in the whole was, by the charter, expressly 

 reserved to the United States. Sdch he knew was the intention of its founders, 

 and he believed it had been fully carried out in the act of incorporation. 



There is nothing belonging to its individual members which can be inherited by 

 hen's, transferred to creditors, or sold or assigned to purchasers, as in case of cor- 

 porations for banks, bridges, insurance, manufacturing, &c. 



Care was taken originally to make tho Institute diflbrent from all other chartered 

 bodies, even in this District, so as to elevate it above every motive of personal gain, 

 dedicating its labors exclusively to objects of a public character, and vesting all the 

 property possessed for this purpose in the Government itself; and thus, by render, 

 iiig it national in substance, as well as name, to obviate any constitutional objection 

 which might arise against measures in its behalf. 



When the community or Congress advert to these circumstances, it will at once 

 be seen how broad a distinction exists between assistance to such a body and one of 

 a private character, and where the members possess a private pecuniary interest. 



Let gentlemen understand, then, that it is not the liberal object of encourage- 

 ment to science and literature which animates many of the members of the Insti- 

 tute, and has induced them to incur such personal labor and sacrifices for increasing 

 its collections, nor the active interest excited in their behalf in many of the civil, 

 ized portions of both hemispheres, which, in my view, renders it strictly constitu. 

 tionai, as well as proper for the Government to aid in defraying the small expense 

 incurred in making and preserving these collections ; but it is that the legal interest 

 in the whole of them belongs by the charter to the General Government itself, and, 

 consequently, the whole are deposited in the public buildings, and are under the 

 substantial control of the ofiiicers of that Government. When we add to these 

 considerations the facts that the first articles placed in charge of the Institute were 

 collected from the War, Navy, and State Departments, in some of which trouble 

 and expense had before been incurred in taking care of them, and that many of the 

 additions since are from persons connected with those Departments, and that by 

 law the heads of all the Executive Departments are, ex-officio, members of the In. 

 stitute, and exercise the chief official power over its concerns, it seems reasonable, 

 no less than constitutional, for that Government to assist in the expense of taking 

 care of its own property. It is quite as reasonable as if it all remained where a 

 portion of it was originally, in the exclusive custody of several of the Executive 

 Departments, and quite as honorable as reasonable, when we reflect that all the in- 

 terference of others with this property, all the services and donations of others con. 

 nectcd with it, have been with a view to aid the interests of the Government rather 

 than their own private emolument, and to advance its reputation and usefulness in 

 the cause of science, literature, and the arts, so far as it can be done by the careful 

 collection and preservation of many valuable articles of public property, suited to 

 throw new light on, and promote those great objects. 



P. S. In order to render the wliole proceedings coiuplete, it ia proper to state that 

 the Hon. Mr. Walker has been appointed in tne place of the Hon. Dr. Linn, de- 

 ceased, on the committee of June, 1842 ; and that tho Hon. Mr. Rives, the Hon. 

 Mr. Choalo, and Alexander Dallas Bacho, Esq., Superintendent of tlio Coast Sur- 

 vey, have boon added to tho same committee. 



After reading the foregoing procedings, Col. Abert offered the fol- 

 lowing resolution : 



