THIRTY-THIRD CONGRESS, 1853-55. 623 



The committee therefore conclude that there is no neces- 

 sity for additional legislation. 



4. Maladministration. 



The tirst of Mr. Meacham's complaints under this head is 

 "that the regents have made the secretary the organ of 

 communication between them and the other officers of the 

 institution, cutting off other officers from direct official in- 

 tercourse with the board, neglecting or refusing to procure 

 or make by-laws defining the position and power of persons 

 employed in the institution, and expressing the opinion that 

 all the assistants are removable at the pleasure of the sec- 

 retary." 



This complaint seems to be founded on an entire misapr 

 prehension of the act of Congress creating the institution, 

 and the proper relations of the secretary and his subordir 

 nates. ^ By the act of Congress the secretary is the sole 

 administrative officer of the institution. The other officers 

 are not only his subordinates, but are nothing more than 

 .his assistants, who are employed to assist him in his duties 

 because it is physically impossible for him to perform all 

 of these duties himself. The law charges the secretary 

 alone with the duties enumerated, and therefore devolves 

 upon him the sole responsibility, unless when it is shared 

 with the executive committee of the regents, whose func- 

 tions are not precisely defined in the law, but who act as a 

 board of control or council to the secretary. We adopt on 

 this subject the reasoning of the special committee of the 

 Board of Eegents, in their report of the 20th of May last, as 

 follows : 



u The law is declaratory and positive in charging the secretary with the 

 .enumerated duties, and therefore invests him, and him alone, with the cor- 

 responding powers. But as it must have been manifest that no secretary 

 could be able of himself to perform personally everything required for the 

 discharge of his enumerated duties, provision is made for aid to him in the 

 clause which says that he ' may, with the consent of the board, employ as- 

 sistants,' &c. 



" The positions of the persons so employed are determined by the word 

 which designates them in the clause authorizing their employment. They 

 are called 'assistants.' To whom? Not to the regents, but to the secre- 

 tary. Their position is necessarily subordinate ; and, as their duties are 

 those of assistants to their principal, they can no more be independent of 

 him than they can be superior to him. This construction is so manifestly 

 proper that it would seem to require no argument to justify it. But if 

 anything further were wanted, it may be found in the fact that the secre- 

 tary is to employ them in and about that very business with which he is 

 charged, and for which he alone is responsible. The character of this part 

 of the section is permissive. He is not required to emploj* any one, but is 

 permitted to employ persons to assist him, provided he satisfy the board 

 that their services are necessary as aids to him. 



" In another part of the same section provision is made for the payment 

 and, if need be, the removal of the secretary and his assistants, and in thii 



