February 7, 1877.-Mr. CLYMER. I ask unanimous consent to present for reference to the Committee on Public Buildings and Grounds a memorial of the Regents of the Smithsonian Institution, and beg permission briefly to explain its import.

It sets forth that many foreign nations, states, and individuals, by whom articles were sent to the centennial exhibition at Philadelphia, have made noble and valuable gifts to the Government of the United States of objects of art, of fire-arms, of mineral and agricultural products, and of artistic and mechanic skill. It may not be disputed that the acceptance of them by the Government imposes an obligation that they shall be preserved and exhibited for the gratification and instruction of the people. Their preservation and exhibition must be confided to the National Museum, of which by law the Regents of the Smithsonian Institution have the custody. They have presented for our consideration the necessity for erecting a suitable building for the purposes I have indicated, giving an estimate of its probable cost. I do not ask that the memorial be printed in the Record, as one of like import was presented to the Senate, which will be found in its proceedings of yesterday. I therefore ask its reference to the Committee on Public Buildings and Grounds, and that the accompanying list, setting forth the names of the donors and the character of them, be printed in the Record for the information of the House and the country.

Mr. CASEY YOUNG. I will say to the gentleman from Pennsylvania that there is already a bill pending before the Committee on Public Buildings and Grounds, on which a favorable report has been prepared, and we only wait a meeting of the committee to order it to be reported.

Mr. CLYMER. I am delighted to have that information. But it can do the committee no harm to have the memorial referred to it.

The SPEAKER. The gentleman from Pennsylvania asks unanimous consent to present a memorial of the Regents of the Smithsonian Institution, and to have the same referred to the Committee on Public Buildings and Grounds, not to be brought back on a motion to reconsider. Is there objection?

Mr. CLYMER. I also ask that the list attached to the memorial be printed in the Record.

Mr. TOWNSEND, of Pennsylvania. I ask that the memorial itself be printed in the Record.

Mr. CLYMER. With the accompanying list.

There was no objection; and the memorial was referred to the Committee on Public Buildings and Grounds, and ordered, with the accompanying list, to be printed in the Record.

February 16, 1877.-Annual report of the institution for 1876, presented. Mr. McCrary offered a resolution to print 10,500 extra copies.

February 28, 1877.-Mr. SINGLETON, from the Committee on Printing, reported the following resolution; which was passed:

Resolved, That 10,500 copies of the Report of the Smithsonian Institution, for the year 1876, be printed. 1,000 copies of which shall be for the use of the Senate, 3,000 copies of which shall be for the use of the House of Representatives, and 6,500 for the use of the Smithsonian Institution: Provided, That the aggregate number of pages shall not exceed 500, and that there be no illustrations except those furnished by the Smithsonian Institution.

March 3, 1877.-Mr. CLYMER. I ask unanimous consent that the bill (S. No. 1252) for the erection of a fire-proof building for a National Museum be taken from the Speaker's table and passed.

The clerk read the bill, as follows:

Be it enacted, &c., That for a fire-proof building for the use of the National Museum, three hundred feet square, to be erected under the direction and supervision of the Regents of the Smithsonian Institution, in accordance with the plan of Major General M. C. Meigs, now on file with the Joint Committee on Public Buildings and Grounds, on the southwest corner of the grounds of the Smithsonian Institution, the sum of $250,000 is hereby appropriated out of any money in the Treasury not otherwise appropriated; said building to be placed west of the Smithsonian Institution, leaving a road-way between it and the latter of not less than thirty feet, with its north front on a line parallel with the north face of the buildings of the Agricultural Department and of the Smithsonian Institution; and all expenditures for the purposes herein mentioned, not including anything for architectural plans, shall be audited by the proper officers of the Treasury Department.

Mr. THROCKMORTON. I object.

Mr. CLYMER. I move that the rules be suspended and the bill passed, and I ask unanimous consent to make a brief statement in regard to it.

Mr. MILLS. I object.

The question was taken on the motion to suspend the rules and pass the bill; and on a division there were-ayes 71, noes 41; not two-thirds voting in the affirmative. Mr. CLYMER. I call for tellers.

Tellers were ordered; and Mr. Clymer and Mr. Throckmorton were appointed.

The House divided; and the tellers reported—ayes 106,

noes 42.

Mr. VANCE, of Ohio. I call for the yeas and nays.
The yeas and nays were ordered.

The question was taken; and there were-yeas 99, nays 72, not voting 119; as follows:

YEAS-Messrs. Abbott, Adams, John H. Bagley, Jr., Ballou, Banks, Belford, Bell, Blair, Bliss, Bradley, William R. Brown, Horatio C. Burchard, Cannon, Caswell, Caulfield, John B. Clark, Jr., of Missouri, Clymer, Conger, Crapo, Crounse, Cutler, Danford, Davy, Denison, Eames, Evans, Flye, Foster, Freeman, Frye, Garfield, Hale, Hancock, Haralson, Hardenbergh, Benjamin W. Harris, Hathorn, Haymond, Hendee, Henderson, Abram S. Hewitt, Hill, Hoge, Hopkins, Hubbell, Hurlburt, Hyman, Joyce, Kasson, Kelly, Kimball, Lamar, Lynch, Mackey, Magoon, MacDougall, McCrary, Miller, Money, Monroe, Morgan, Nash, O'Brien, O'Neill, Page, William A. Phillips, Platt, Pratt, Purman, Rainey, John Reilly, James B. Reilly, William M. Robbins, Robinson, Rusk, Sampson, Seelye, Sinnickson, Smalls, A. Herr Smith, Stone, Stowell, Strait, Tarbox, Terry, Martin I. Townsend, Washington Townsend, Waddell, John W. Wallace, Watterson, G. Wiley Wells, White, Whitehouse, Andrew Williams, Alpheus S. Williams, Charles G. Williams, James Williams, William B. Williams, Janies Wilson, Alan Wood, Jr., Woodburn, Woodward, Yeates, and Young-99.

NAYS.-Messrs. Ainsworth, Beebe, Bland, Blount, Boone, Buckner, John H. Caldwell, William P. Caldwell, Campbell, John B. Clarke, of Kentucky, Cochrane, Collins, Culberson, Davis, Durham, Ellis, Felton, Finley, Forney, Fort, Franklin, Glover, Goode, Goodin, Gunter, Andrew H. Hamilton, John T. Harris, Harrison, Hartzell, Hatcher, Hays, Hooker, House, Humphreys, Jenks, Thomas L. Jones, Knott, Franklin Landers, George M. Landers, Lawrence, Le Moyne, Levy, Lynde, Meade, Mills, Morrison, Mutchler, Neal, New, Payne, John F. Philips, Poppleton, Rea, Reagan, Rice, Riddle, Miles Ross, Scales, Singleton, Slemons, Southard, Sparks, Springer, Stenger, Stevenson, Thomas, Throckmorton, Tucker, Turney, John L. Vance, Robert B. Vance, Charles C. B. Walker, Walling, Warner, Whitthorne, Wike, Jere N. Wiliams, and Benjamin Wilson-72. NOT VOTING-Messrs. Anderson, Ashe, Atkins, Bagby, George A. Bagley, John H. Baker, William H. Baker, Banning, Bass, Blackburn, Bradford, Bright, John Young Brown, Samuel D. Burchard, Burleigh, Buttz, Cabell, Carr, Cason, Cate, Chapin, Chittenden, Cook, Cowan, Cox, Darrall, De Bolt, Dibrell, Dobbins, Douglas, Dunnell, Durand, Eden, Egbert, Faulkner, Field, Fuller, Gause, Gibson, Robert Hamilton, Henry R. Harris, Hartridge, Henkle, Goldsmith W. Hewitt, Hoar, Holman, Hoskins, Hunter, Hunton, Hurd, Frank Jones, Kehr, King, Lane, Lapham, Leavenworth, Lewis, Lord, Luttrell, Maish, McDill, McFarland, McMahon, Metcalfe, Milliken, Norton, Odell, Oliver, Packer, Phelps, Pierce, Piper, Plaisted, Potter, Powell, John Robbins, Roberts, Sobieski Ross, Savage, Sayler, Schleicher, Schumaker, Sheakley, William E. Smith, Stanton, Stephens, Swann, Teese, Thompson, Thornburgh, Tufts, Van Vorhes, Wait, Waldron, Gilbert C. Walker, Alexander S. Wallace, Walsh, Ward, Warren, Erastus Wells, Wheeler, Whiting, Wigginton, Willard, Willis, Wilshire, and Fernando Wood-119.

So (two-thirds not voting in favor thereof) the rules were not suspended.

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, viz:

4. The President of the U. S.

Vice President.

Secretary of State,

Secretary of the Treasury,

Secretary of the Navy,
Postmaster General,
Chief Justice,
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.

3. 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

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 Washingtonin 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.