TWENTY-NINTH CONGRESS, 1845-1847. 437 



Mr. JOHN J. CRITTENDEN remarked that he was entirely satisfied 

 with the appointments which had been made, although they were made 

 after the adjournment of Congress, and consequently he had no par- 

 ticipation in making them. But as a vacancy now occurred during a 

 session of Congress, he thought it would be proper that the Senate 

 should exercise its right to select a person to fill that vacancy. He 

 was the more desirous that this should be done inasmuch as he had in 

 his mind a gentleman who had lately distinguished himself in writing 

 upon this subject, and who, he believed, would be the proper person 

 to be selected. 



Mr. GEORGE EVANS reminded the Senator from Kentucky that the 

 person to be appointed must be a member of the Senate. 



Mr. CRITTENDEN. Oh! That being the case, Mr. President, 1 offer 

 no further objection to the motion. The person I wished to see 

 appointed is Dr. Bird. 



Mr. JAMES D. WESTCOTT said when the Smithsonian bill was before 

 Congress at the last session he was opposed to it, and he believed he 

 voted against it throughout when present in the Senate, while it was 

 under consideration. He had many objections to the bill. An insu- 

 perable one was, that he objected to those provisions by which Senators 

 and Representatives were to be appointed "regents," an office created 

 by. the law passed by themselves. He had no idea that it was consti- 

 tutional or in any wise proper for members of Congress to make 

 offices for themselves of this character. The office of regent was a 

 civil office, and the Constitution prohibited members of Congress 

 from being appointed to any office created "during the term for which 

 they were elected." It was an office of trust and honor, and, in some 

 respects, of emolument. With this belief, he should not vote upon 

 this motion, to which he had no other objection. If he voted against 

 it, his vote would be subject to misconstruction. He knew a majority 

 of the Senate differed with him on the constitutional question he had 

 adverted to, but on such a question he must obey the dictates of his 

 own conscience. 



The motion of Mr. Breese was then agreed to. 

 January 18, 1847 Senate. 



The Vice-President (Mr. DALLAS) announced that he had appointed 

 Lewis Cass to be a regent of the Smithsonian Institution, in the place 

 of Isaac S. Penuybacker, deceased. 



February 22, 1847 Senate. 



On motion of Mr. SIDNEY BREESE, the Vice-President (Mr. DALLAS) 

 was authorized to fill the vacancy in the Board of Regents of the Smith- 

 sonian Institution caused by the resignation of George Evans. 



James A. Pearce, of Maryland, was appointed. 



