month of each year, in the recess of Congress, when it may be closed for renovation. All the books, maps, and charts of the Smithsonian library shall be properly cared for and preserved in like manner as are those of the Congressional library, from which the Smithsonian library shall not be removed except on reimbursement by the Smithsonian Institution to the Treasury of the United States of expenses incurred in binding and in taking care of the same, or upon such terms and conditions as shall be mutually agreed upon by Congress and the regents of said institution.

SEC. 3. And be it further enacted, That the Smithsonian Institution, through its secretary, shall have the use of the library of Congress, subject to the same regulations as Senators and Representatives.

SEC. 4. And be it further enacted, That the librarian of Congress shall be authorized to employ two additional assistants, who shall receive a yearly compensation of eight hundred dollars, and one thousand dollars, respectively, commencing July one, eighteen hundred and sixty-six, to be paid out of any money in the Treasury not otherwise appropriated.

SEC. 5. And be it further enacted, That the sum of five hundred dollars, or so much thereof as may be necessary, shall be appropriated, out of any money in the Treasury not otherwise appropriated, to defray the expenses of the removal herein provided for.

May 7, 1866.-Annual report, for 1865, presented.

Mr. GARFIELD moved that 5,000 extra copies be printed. June 8, 1866.-Mr. LAFLIN, from the Committee on Printing, submitted the following resolution; which was adopted:

Resolved, That 5,000 extra copies of the last report of the Smithsonian Institution be printed; 2,000 for the use of the institution, and 3,000 for the use of the members of this House.

February 1, 1867.-The following memorial was presented to Congress:

To the honorable the Senate and House of Representatives, &c.: The Board of Regents of the Smithsonian Institution have directed the undersigned to transmit to your honorable body the resolution herewith appended, and to solicit the passage of an act in accordance therewith.

It is known to your honorable body that the original sum received into the United States Treasury from the bequest of James Smithson, of England, was $515,169, which was considered a trust fund, the interest alone to be applied to carrying out the purpose of the testator, viz: "The increase and diffusion of knowledge among men."

This, however, was not the whole of the Smithsonian bequest, the sum of £5,015 sterling having been left by Hon. R. Rush, the agent of the United States, as the principal of an annuity to the mother of the nephew of Smithson.

The annuitant having died, the sum of $26,210.63 has been received from this source, and is now in charge of the Secretary of the Treasury of the United States; and no provision having been made in the act of August 10, 1846, establishing the institution, for the disposition of this remainder of the legacy, your memorialists, in behalf of the Board of Regents, now ask that it be added to the original bequest on the same terms; and that the increase which has arisen from interest or otherwise on the sum before mentioned, also in the hands of the Treasury Department of the United States, be transferred to the Board of Regents for assisting to defray the expense of the reconstruction of the building, and for other objects of the institution.

And your memorialists would further ask that the Board of Regents be allowed to place in the Treasury of the United States, on the same terms as the original bequest, such sums of money as may accrue from savings of

income and from other sources, provided the whole amount thus received into the Treasury shall not exceed one million dollars.

The sole object of this request is the permanent investment and perpetual security of the entire Smithsonian bequest and such other sums as may be accumulated from savings of accrued interest, legacies, &c.

And your memorialists will ever pray, &c.

S. P. CHASE,

Chancellor. JOSEPH HENRY, Secretary Smithsonian Institution.

Resolved, &c., That an application be made to Congress for an act authorizing the Treasurer of the United States to receive into the Treasury, on the same terms as the original bequest, the residuary legacy of James Smithson, now in United States bonds in the hands of said Treasurer, namely, $26,210.63, together with such other sums as the Regents may from time to time see fit to deposit, not exceeding, with the original bequest, the sum of $1,000,000; and that the income which has accrued or may accrue from said residuary legacy be applied in the same manner as the interest on the original bequest.

Mr. PATTERSON introduced the following bill; which was passed:

Be it enacted, &c., That the Secretary of the Treasury be, and he is hereby, authorized and directed to receive into the Treasury, on the same terms as the original bequest, the residuary legacy of James Smithson, now in United States bonds, in the hands of said Secretary, namely: twenty-six thousand two hundred and ten dollars and sixty-three cents, together with such other sums as the regents may from time to time see fit to deposit, not exceeding, with the original bequest, the sum of one million dollars.

SEC. 2. And be it further enacted, That the increase which has accrued, or which may hereafter accrue, from said residuary legacy, shall be applied by the Board of Regents of the Smithsonian Institution in the same manner as the interest on the original bequest, in accordance with the provisions of the act of August tenth, eighteen hundred and forty-six, establishing said institution.

February 23, 1867.—The clerk read as follows:

For the preservation of the collections of the exploring and surveying expeditions of the Government, $4,000.

Mr. PATTERSON. I move to amend the paragraph just read by omitting the word "four" and inserting in lieu thereof "ten," so as to increase the appropriation to $10,000. The amendment was agreed to.

February 27, 1867.-Annual report for 1866, presented. Mr. GARFIELD moved that 5,000 extra copies be printed. February 28, 1867.-Mr. LAFLIN, from the Committee on Printing, offered the following resolution, which was adopted:

Resolved, That 5,000 additional copies of the last report of the Smithsonian Institution be printed; 2,000 for the use of the Smithsonian Institu tion, and 3,000 for the use of the members of this House; and that the same be stereotyped.

March 2, 1867.-The House rejected the joint resolution of the Senate, providing for the exchange of public documents. Subsequently, on motion of Mr. Laflin, the House reconsidered its action, and passed the resolution.

March 7, 1867.-The Speaker appointed Mr. Luke P. Poland, of Vermont, a Regent of the Smithsonian Institution, to fill the vacancy occasioned by the election of Mr. J. W. Patterson to the United States Senate.

FORTIETH CONGRESS.

SENATE, January 6, 1868.

Mr. TRUMBULL offered the following resolution:

Resolved &c., That the vacancies in the Board of Regents of the Smithsonian Institution of the class "other than members of Congress" be filled by the appointment of Theodore D. Woolsey of Connecticut, William B. Astor of New York, John Maclean of New Jersey, and Peter Parker of the city of Washington.

January 7, 1868.-The above resolution was adopted.

May 2, 1868.-The PRESIDENT pro tempore laid before the Senate a communication from the Board of Regents of the Smithsonian Institution, which was referred to the Committee on Appropriations, and ordered to be printed. (See House, May 1, 1868.)

May 29, 1868.-Annual report, for 1867, was presented. Mr. TRUMBULL moved to print 5,000 extra copies.

May 30, 1868.-Mr. ANTHONY, from the Committee on Printing, reported the following resolution, which was adopted:

Resolved, That 5,000 additional copies of the report of the Smithsonian Institution, for the year 1867, be printed; 3,000 for the use of the Senate, and 2,000 for the use of the Smithsonian Institution, and that the said report be stereotyped: Provided, That the aggregate number of pages of said report shall not exceed 450, without illustrations, except those furnished by the Smithsonian Institution.

June 16, 1868.-Mr. HARLAN presented a report of the Executive Committee of the Regents of the Smithsonian Institution, on the influences of the Washington city canal on the health of the population of the city; which was referred to the Committee on the District of Columbia, and ordered to be printed.

(See Smithsonian Report, for 1868, page 111, and Senate Mis. Doc. No. 95, 40th Congress, 2d Sess.)

January 22, 1869.-Mr. WILSON offered the following resolution; which was adopted:

Resolved, &c., That Louis Agassiz, of Cambridge, Massachusetts, be, and he is hereby, reappointed a Regent of the Smithsonian Institution to fill the vacancy occasioned by the expiration of his present term.

February 13, 1869.-Annual report for 1868, presented, and ordered to be printed.

Mr. FESSENDEN offered a resolution to have additional copies printed.

March 1, 1869.-Mr. ANTHONY, from the Committee on Printing, reported the following resolution; which was adopted:

Resolved, That 5,000 copies of the report of the Smithsonian Institution, for the year 1868, be printed; 3,000 for the use of the Senate, and 2,000 for the use of the institution; and that said report be stereotyped: Provided, That the aggregate number of pages of said report shall not exceed 450, without illustrations, except those furnished by the institution.

HOUSE OF REPRESENTATIVES, January 7, 1868.

The SPEAKER announced the appointment, as Regents of the Smithsonian Institution, of Mr. Jas. A. Garfield of Ohio, Mr. L. P. Poland of Vermont, and Mr. J. V. L. Pruyn, of New York.

On motion of Mr. GARFIELD the Senate resolution of January 7th, to appoint Messrs. Woolsey, Astor, McLean and Parker, as regents, was adopted.

February 27, 1868.-The civil appropriation bill being under consideration, the clerk read:

Smithsonian Institution: "For the preservation of the collections of the exploring and surveying expeditions of the Government, $1,000.”

Mr. POLAND. I move to amend the paragraph just read by striking out "$1,000" and inserting "$6,000." I apprehend that the Committee on Appropriations had not, probably, looked into the history of this annual appropriation to the Smithsonian Institution for taking care of these collections of the Government when they concluded to report this sum. These collections were kept in the Patent Office building up to 1857, and were then much smaller than they are An annual appropriation of $4,000 for the purpose of taking care of these collections was made from 1842 to 1857. In 1857 the room occupied for that purpose in the Patent Office building was needed for other purposes, for models, &c., and these collections were then removed to the Smithsonian building, where they have since been kept. An annual appropriation of $4,000 for their preservation was made from 1857 to last year, when the sum was in

now.

creased to $10,000. These collections have been very largely increased; they have been doubled; in fact, they have been quadrupled, since they were removed to the Smithsonian building, and the expense of taking care of them has been very largely increased in consequence of the general increase of the prices of labor, fuel, and everything that goes to make up that expense. Even if the amount of labor had not been increased in consequence of the increase of the collections, the appropriation, which from 1842 to 1866 was $4,000, ought to be increased to at least $6,000.

The fund of the Smithsonian Institution, whatever it may be, is a fixed sum, and in consequence of the great increase in the prices of everything, it is not now worth more than half as much to the institution as it was formerly. A very large portion of the income from the fund for the institution for the last two years has had to be expended in refitting and repairing the building, rendered necessary by the destructive and ruinous fire that occurred there in 1865. It seems to me there can be no question but what the appropriation for this purpose should be at least $6,000.

Mr. UPSON. Who has the disbursing of this money, and what account is ever rendered to anyone of the manner in which it was expended?

Mr. POLAND. It is disbursed under the care of Professor Henry, one of the most prudent men in the country, and it is all reviewed by the Board of Regents.

Mr. WASHBURNE, of Illinois. The Committee on Appropriations thought that $1,000 a year was about as much as the people of this country desire to pay to preserve the collections of the exploring and surveying expeditions of the Government. The amount appropriated heretofore has been much larger, as the gentleman from Vermont [Mr. Poland] has said. I had a conversation this morning with Professor Henry, who stated to me how this appropriation was to be used. From what he told me, I am willing to admit that there should be appropriated a much larger sum than the committee have reported in this bill, though not so much as $6,000, as the gentleman from Vermont has proposed. The Professor himself expressed himself satisfied with $4,000, the usual annual appropriation for this purpose.

Mr. POLAND. It may be true that Professor Henry did not desire to have the friends of the Smithsonian Institution to get into a controversy with the gentleman from Illinois, [Mr. Washburne,] for he knew too well how much was involved in that; and, " to buy his peace," as lawyers say, he agreed to take $4,000 instead of asking for $6,000.