534 CONGRESSIONAL PROCEEDINGS. 



accept the resignation. I yielded, however, because my friend from 

 Maryland, who occupies a peculiar and delicate relation to this subject, 

 intimated his desire for a committee to investigate it. 



Mr. J. A. PEARCE. Will my friend from North Carolina allow me 

 to interpose ? 



Mr. BADGER. Certainly. 



Mr. PEARCE. I am anxious that the question should be referred to 

 a committee. I am quite content that the paper should be received 

 and laid upon the table; but I do desire, as the Senator from New York 

 has said, that the subject-matters which are referred to in the letter 

 should be submitted to a committee of this body for consideration. I 

 hope, therefore, that the proposition of the Senator from New York 

 will be adopted and the paper laid on the table; and that some gentle- 

 man will move a resolution directing a committee (and I now prefer 

 that it should be the Committee on the Judiciary) to inquire what, if 

 any, action is proper to be taken by the Senate in regard to the Smith- 

 sonian Institution. That committee was organized at the beginning 

 of the session without reference to this question. I am willing and 

 desire that the matter should take the regular course and be referred 

 to that committee, whose appropriate duty it is to construe the acts 

 of Congress, which are drawn into question. 



Mr. BADGER. I now withdraw my motion for reference, and move 

 that the paper lie on the table. 



Mr. J. B. WELLER. I am exceedingly anxious to terminate the 

 debate and proceed to the consideration of some practical business. 

 This question, however, ought to be decided. Here are three Regents 

 of the Smithsonian Institution, who have brought to the consideration 

 of the Senate the important fact that they differ as to the construction 

 given to a law of Congress, or as to the proper mode of using the 

 fund which they have been appointed to administer. Now, I think it 

 very important that Congress should determine that question, because 

 we have been notified by the debate to-day^ that that difference of 

 opinion does exist; and after this paper shall have been disposed of, if 

 no other Senator makes the motion, I shall submit one to instruct 

 the Committee on the Judiciary to consider and report on this subject. 



The PRESIDENT. The question is on the motion of the Senator from 

 North Carolina that the paper lie on the table. 



The motion was agreed to. 



Mr. J. M. CLAYTON subsequently said: Mr. President, as the Sen- 

 ator from California [Mr. Weller] did not follow up his proposition. I 

 desire to offer the following resolution : 



Resolved, That the Committee on the Judiciary inquire whether any, and if any, 

 what, action of the Senate is necessary and proper in regard to the Smithsonian 

 Institution. 



I believe that this resolution is in accordance with the general senti- 

 ment of the body. I do not purpose to debate it; but 1 will say now 



