THIRTY-THIRD CONGRESS, 1853-1855. 563 



and he diffuses knowledge "among men " as truly and in as full a 

 sense when he enlightens the minds of his neighbors as of persons at 

 the farthest pole. He best fulfills the idea of Smithson who increases 

 human intelligence whenever and wherever he has an opportunity, in 

 every circle of influence, however near or however remote. 



The seventh section of the act establishing the Institution has given 

 occasion to a difference of interpretation that has been brought to the 

 notice of the committee. The section relates to the duties and powers 

 of the Secretary, and goes on to say that "the said Secretary shall also 

 discharge the duties of librarian and keeper of the museum, and may, 

 with the consent of the Board of Regents, employ assistants; and the 

 said officers shall receive for their services such sums as may be allowed 

 by the Board of Regents, to be paid semiannually, on the first days of 

 January and July; and the said officers shall be removable by the 

 Board of Regents whenever, in their judgment, the interests of the 

 Institution require any of the said officers to be changed." 



The committee can not but think it strange that, in the face of this 

 express language, it has been made a question where the power of 

 removal is lodged. "Said officers shall be removable by the Board of 

 Regents." Can anything be plainer? In defense of the idea that the 

 Secretary can remove his assistants, a practice is cited in certain depart- 

 ments of the Government where the power of removal is exercised by 

 intermediate officials. But there is no analogy, inasmuch as the Con- 

 stitution of the United States is silent in reference to the removal of 

 such officers. But the constitution of the Smithsonian Institution is 

 not silent, but expressly defines in whom the power to remove the 

 assistants of the Secretary resides namely, in the Board of Regents. 

 They have no more right to delegate or pass over to another that 

 power than they have to transfer any of their other functions. 



The concluding sentence of the eighth section of the act is as 

 follows: 



And the said Regents shall make, from the interest of said fund, an appropriation 

 not exceeding an average of twenty-five thousand dollars annually for the gradual 

 formation of a library composed of valuable works pertaining to all departments of 

 human knowledge. 



The expression " not exceeding" is in constant use in the legisla- 

 tion of Congress and in all legislation everywhere in which appro- 

 priations are made, and it will not be disputed that in all instances the 

 expectation and general understanding of the legislature is that about 

 the amount thus specified will be expended. The word "average" can 

 only be considered as indicating the expectation of the legislature that 

 the sum expended in some years might exceed $25,000. The word was 

 used in order to give the managers authority, in case a sum less than 

 $25,000 w r ere expended one year, to expend just so much more the 

 next, and vice versa. No doubt, we think, can be entertained that 



