FOETY-FIFTH CONGRESS, 1877-1879. 801 



help that private corporation, organized for a public purpose, by 

 assigning men to serve as its trustees or Regents. But a Regent of 

 the Smithsonian Institution does not become a United States officer 

 at all. 



Mr. J. PROCTOR KNOTT. [Mr. James A. Garfield] assumes that there 

 is a marked difference between the corporation to be formed by this 

 bill [for the government of the District of Columbia] and the Smith- 

 sonian Institution; but, sir, in principle there is not a particle. When 

 the Congress assumed the administration of the Smithson legacy it 

 took upon itself the execution of a public trust, which it seeks to per- 

 form through its Board of Regents precisely as it would discharge a 

 similar trust through these Commissioners should the bill now pend- 

 ing become a law. One is a corporation, so is the other. If, there- 

 fore, a Commissioner of the District of Columbia is an officer, as 

 contemplated by the Constitution, so is a Regent of the Smithsonian 

 Institution, and my friend, who is a distinguished and useful member 

 of that Board, occupies the singular position of holding an office under 

 the United States while a member of this House, which is expressly 

 interdicted by the Constitution. But that is not all. Leaving the 

 Smithsonian Institution entirely out of view, there was an act passed 

 during the last Congress which will be memorable, etc. [The electoral 

 commission.] 



Mr. NATHANIEL P. BANKS. I desire to call the attention of the House 

 and of gentlemen to what has been said about the Smithsonian Insti- 

 tution. The officers of the Smithsonian Institution are not public 

 officers, are not executive officers of the United States. A man by 

 the name of Smithson left to this Government a fund of money for a 

 specific use, and that fund is this day and hour administered according 

 to his original ideas. The two Houses of Congress have assumed, 

 under their instructions and directions, the power to provide arrange- 

 ments for the execution of that trust. It is their work. It does not 

 belong to the President. It does not belong to the executive depart- 

 ment of the Government of the United States. It is a matter between 

 Smithson and the two Houses of Congress representing the Govern- 

 ment, and the men that are appointed to discharge the duties connected 

 with the Smithsonian Institution are appointed under his will. 



DEATH AND MEMORIAL SERVICES OF JOSEPH HENRY. 



May 13, 1878 House. 



The Speaker (Mr. S. J. RANDALL) announces with great sorrow a 

 feeling all will experience the death of Professor Henry, an American 

 whose scientific attainments are of world-wide fame, and who has 

 devoted a lifetime to the interests of science, regardless of personal 

 comfort or emolument. 



H. Doc. 732 51 



