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DIGEST OF THE ACT OF CONGRESS ESTABLISHING THE SMITHSONIAN INSTITUTION.

Approved August 10, 1846.

By PROFESSOR JOSEPH HENRY.

I. THE ESTABLISHMENT OR SMITHSONIAN INSTITUTION PROPER.

1. The following persons shall constitute an establishment:
2. Known by the name of the Smithsonian Institution.
3. For the increase and diffusion of knowledge among men,
4. The President of the U. S.

Vice President.

Secretary of State,

Secretary of the Treasury,

Secretary of the Navy,
Postmaster General,
Chief Justice,

viz:

Commissioner of Patents,

Mayor of Washington.

5. And such other persons as may be elected by them honorary members.

II. MEETINGS OF THE ESTABLISHMENT.

1. The members and honorary members of said Institution may hold stated and special meetings.

2. At these meetings the President, and in his absence, the Vice President of the United States, shall preside.-Sec. 8th.

8. The Secretary of the Board of Regents is also Secretary of the Institution.-Sec. 3d.

4. Meetings to be called in manner provided for in by-laws of said Institution.-Sec. 8th.

III. OBJECTS OF THE MEETINGS OF THE INSTITUTION

1. Supervision of the affairs of the Institution.

2. Advice and instruction of Board of Regents.

3. Election of honorary members.

4. Enactment of by-laws for government of said Institution.-Sec. 8th.

IV. FUNDS OF THE INSTITUTION.

1. The property of James Smithson received into the Treasury on the 1st September, 1838, is declared a loan to the United States at six per cent. per annum from the above date.-Secs. 2d and 5th.

2. The interest which accrued up to the 1st of July, 1846, or so much thereof as the Regents may deem necessary, together with the surplus interest of any year, is appropriated to the erection of a building, and to other current incidental expenses.-Secs. 2d and 4th. 3. The interest on original fund perpetually applied to maintenance of the Institution.-Sec. 2d.

4. Principal not to be touched. Accruing and accrued interest to be expended for objects of Institution.-Secs. 2d and 9th.

5. Interest payable half-yearly, on 1st January and 1st July, in each year. Sec. 2d.

6. Amount of Smithson's property received into the Treas

ury on September 1st, 1838,

7. Interest on the same to July 1st, 1846,

8. Half-yearly interest.-Sec. 2d. .

.

$515,169 00

242,129 00

15,455 07

V. BOARD OF REGENTS.

1. Business of the Institution to be conducted by Board, to be called Regents of the Smithsonian Institution, and to be composed of:

2. The Vice President of U. S., Chief Justice, and Mayor of Washington— in virtue of their office.

3. Three members of Senate-appointed by President of Senate:

4. Three members of the House of Representatives—appointed by the Speaker biennially, on 4th Wednesday of December:

5. Six members, other than members of Congress-appointed by joint resolution.

6. Two of the above to be resident in Washington, and members of the National Institute.

7. The other four from the States, and no two from the same State.Sec. 3d.

VI. REGENTS' TERM OF OFFICE.

1. The Vice President, Chief Justice, and Mayor of Washington-during their continuance in office.

2. Members of House of Representatives-until 4th Wednesday of December, 1847, and to be selected biennially thereafter on said day.

3. Senators during the time they shall hold, without re-election, their office.

4. Other six members-two for two years, two for four years, two for six years, to be determined by lot-after first term, those selected shall be for six years, and by joint resolution.-Sec. 3d.

VII. VACANCIES IN BOARD OF REGENTS.

1. Vacancies among Senators and Members filled by motion in either House, as in the case of vacancies in committees of either House. 2. The vacancy in the other six by joint resolution.-Sec. 3d.

VIII. MEETINGS OF BOARD OF REGENTS.

1. First meeting at Washington, 1st Monday in September, 1846.

2. Subsequent meetings to be regulated by Regents.

3. On application of three Regents it shall be the duty of the Secretary to call special meetings; notices of the same to be given by letter.

4. Five members shall form a quorum.-Sec. 3d.

IX. COMPENSATION TO BOARD OF REGENTS.

1. Each member shall be paid his necessary travelling and other actual expenses in attending meetings of the Board.

2. His services as Regent shall be gratuitous.

3. Expenses to be audited by Executive Committee.

4. And recorded by Secretary.-Sec. 3d.

X. DUTY OF REGENTS.

1. They shall conduct the business of the Institution.-Sec. 3d.

2. May be subject to the supervision, advice, and instruction of the establishment. Sec. 8th.

3. Shall hold their meetings in the City of Washington.

4. Shall elect one of their number as Chancellor, who shall be presiding officer of Board, and known by the name of Chancellor of the Smithsonian Institution.

5. Shall also elect a suitable person as Secretary of said Institution, who shall also be Secretary of the Board.-Sec. 3d.

6. Shall elect three of their own body as Executive Committee.-Sec. 3d. 7. Shall approve of the officers appointed by Secretary. 8. Shall fix salary of officers.

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9. Shall select site for building, and sign records of the same.

10. Shall cause to be erected a suitable building.

11. Authorized, by themselves, or by a committee of their members, to contract for such building.

12. Shall deposit duplicates of such contracts with Treasurer of United States.

13. Authorized to employ superintendent of erection of building.

14. The Regents, or Executive Committee, shall certify to Chancellor and Secretary, sums of money required for operations.

15. Shall make an appropriation for a Library, not to exceed $25,000 annually.

16. They shall submit report to Congress.

XI. DUTY, &c., OF CHANcellor.

1. Shall be the presiding officer of the Board.

2. By the name of Chancellor of the Smithsonian Institution.

3. He shall, with the Secretary, examine and certify all requisitions for money, of Executive Committee, for payment at the Treasury.Sec. 3d.

4. He shall certify all copies of metes and bounds of site.-Sec. 4th.

XII. DUTY, &c., OF SECRETARY.

1. He is Secretary of the Institution, also of the Board of Regents. 2. On application of any three of the Regents, it shall be his duty to appoint a special meeting of the Board of Regents, by giving written notice to each.

3. He shall, with the Chancellor, examine all requisitions for money presented to him by the Executive Committee, and if he approve thereof, shall certify the same to the Treasurer of the U. S. for payment.-Sec. 3d.

4. These requisitions may be for: (1) payment of debts; (2) performance of contracts; (3) or making purchases; (4) and executing the objects authorized by this act; (5) for all claims on contracts made by Building Committee.-Secs. 3d and 5th.

5. He will record the selection of site, and make copies thereof when required.-Sec. 4th.

6. He will file duplicates of contracts for building, &c., with the U.S. Treasurer.-Sec. 5th.

7. He shall take charge of the building and property of said Institution. 8. He shall, under direction of Board of Regents, make a fair and accurate record of all their proceedings.

9. He shall discharge the duty of Librarian.

10. Also, of keeper of the museum.

11. He may, by consent of the Regents, employ assistants.—Sec. 7th.

XIII. DUTY OF EXECUTIVE COMMITTEE.

1. To execute acts of Board generally.

2. To examine and certify appropriations necessary to operations of Institution.-Secs. 3d and 5th.

XIV. PAY OF OFFICERS, And Tenure oF OFFICE.

1. Said officers shall receive for their services such sums as may be allowed by the Board of Regents.

2. To be paid semi-annually-on the 1st of January and 1st of July. 3. Removable by the Board of Regents.-Sec. 7th.

XV. DISBURSEMENTS.

1. All moneys required for payment of debts, or performance of con

tracts, shall be certified by the Board of Regents, or Executive Committee thereof, to the Chancellor and Secretary.

2. They shall examine the same.

3. And, if they shall approve thereof, shall certify the same to the proper officer of the U. S. Treasury for payment.-Sec. 3d.

XVI. REPORTS TO CONGRESS.

The Board of Regents shall annually report to Congress an account of the operations, expenditures, and condition of the Institution.--Sec.

3d.

XVII. SELECTION OF SITE FOR INSTITUTION.

1. After Board of Regents shall have met, and become organized, it shall be their duty forthwith to proceed to select a suitable site, &c.

2. May be taken out of the ground between Patent Office and 7th street: Provided, President, the several Secretaries, and Commissioner of the Patent Office, shall consent to the same.

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3. If not, then such location may be made on other of the public grounds in the City of Washington, belonging to U. S., which said Regents may select, by and with the consent of the persons above named.Secs. 4th and 5th.

XVIII. EVIDENCE OF SELECTION.

1. Grounds so selected shall be set out by metes and bounds. 2. Description recorded in a book provided for the purpose.

3. Signed by said Regents, or so many of them as may be convened at the time of organization.

4. Certified copy thereof to be evidence of boundaries, &c.; and said lands are appropriated by said act.—Sec. 4th.

XIX. BUILDINGS TO BE ERECTED.

1. After selection of site, Board of Regents shall cause to be erected a suitable building.

2. Of plain and durable materials, and structure.

3. Without unnecessary ornament.

4. Of sufficient size.

5. With suitable rooms, or halls, for the reception and arrangement, upon a liberal scale: (1) Of objects of Natural History. (2.) A geological and mineralogical cabinet. (3.) A chemical laboratory. (4.) A library. (5.) A gallery of art. (6.) And the necessary lecture rooms.-Sec. 5th.

6. May be made to form wing of Patent Office.

XX. CONTRACTS AND CLAIMS FOR BUILDING.

1. Said Board shall have authority, by themselves, or by a committee of three of their members, to contract for the completion of such building upon plan adopted by Regents.

2. Shall take sufficient security for building and finishing same, according to plan, and in the time stipulated.

3. Duplicates of contracts to be filed with Treasurer of United States. 4. All claims under contracts shall be certified by Board of Regents, or the Executive Committee, and signed by Chancellor and Secretary, and paid at the Treasury of United States.-Sec. 5th.

XXI. COST OF BUILDING.

1. The sum was left blank in the act.-Sec. 5th.

2. The interest which had accrued previous to 1st September, 1846, minus the current expenses, and the surplus interest of any subsequent year, may be appropriated to this purpose.-Secs. 2d and 5th.

XXII. SUPERINTENDENCE OF CONSTRUCTION.

1. Board of Regents shall employ such persons as they may deem necessary to superintend the erection of the buildings.

2. And fitting up the rooms of the Institution.-Sec. 5th.

XXIII. PROTECTION OF PROPERTY BY LAW.

All laws for the protection of public property in Washington, shall apply to, and be in force for, the protection of the lands, buildings, and other property of said Institution.-Sec. 5th.

XXIV. PROPERTY OF JAMES SMITHSON-HOW KEPT.

1. The minerals, books, manuscripts, and other property of Smithson, shall be removed to said Institution.

2. And kept separate and apart from the other property of the Institution. Sec. 6th.

XXV. COLLECTIONS, OBJECTS OF ART, SPECIMENS, &c.-How CLASSED, PRESERVED.

1. In proportion as suitable arrangements can be made for their reception, all objects of art, and of foreign and curious research, and of natural history, plants, geological and mineralogical specimens, belonging to, or hereafter to belong to, United States, which may be in the city of Washington, in whosesoever custody the same may be, shall be delivered to such persons as may be authorized by the Board of Regents to receive them.

2. They shall be arranged in such order, and so classed, as best to facilitate examination and study thereof, in the building aforesaid.

3. Regents may make exchanges of duplicate specimens.

4. And cause new specimens received also to be classed and arranged.— Sec. 6th.

XXVI.

PROVISION FOR OBJECTS NOT MENTIONED IN THE ACT. Managers of the Institution are authorized to make such disposal for the promotion of the purposes of the testator, of all interest which has accrued, or shall hereafter accrue, not otherwise appropriated for carrying out the object of this act, as they may deem best.-Sec. 9.

XXVII. COPY RIGHTS TO BE DEPOSITED.

1. One copy of all books, maps, charts, musical compositions, prints, or engravings, shall be delivered to the Librarian of said Institution within three months from publication.

2. Another copy to Library of Congress.-Sec. 10th.

XXVIII. ALTERATIONS OR REPEAL OF THIS ACT.

1. Congress retains the right of altering, amending, adding to, or repealing, any provisions of this act.

2. Provided no contract or individual right made or acquired under such provisions shall be thereby divested or impaired.-Sec. 11th.

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