NE ee eT OT ee EO eS Ge TER OE

vit
Ot Sings as

bas

fj
¥
ere

i + fi Bi Ate
a a ¥
ee) 4 iB ae as
RO

uo ! 7
ROR a eae?

bes}

eA

ec
2

AS
ue pe Ht ce

co ve
hee
BATE

Beets
eRe

.
tt
a1
ees

eho

aise
Aibsihes aye

>}

si

Nak BAS)
Le oe
Y

pe ae tat - D2 3 a 2 >
re Ee on SS: ao 23 De D5 3 >> >>>”
= Dais> ~*~ Ss: aS SP>> S35. ADs SS >
> > Se ORS See Ply SID > ae >
> “Ie ite e She Se el me Sm a YD? DS >.
b> RE, Rae PSs pe Se igee >>>”.
> Se eo =< Pk > Tees 2. > > > > a > Tee 2 2 a> >
> > Soe ee LAPP >. E> DD Oa >, >>
> Ee > ee D S315 > > > D> D> >
D>. > > >>> a ne > Do D> D> o>.
Se Sah Se ND fo) >> Sei > i> > Ses
2 Re wD i 2 ee >t SS ee at >> Sp s>
; 2 PP D>: WiDy> — p>. 23 —2»S>
>i ie > om om Soe — SD D> > DD _ DY > |
> ee a > im > po Dx*» > >> oe D>» -> >

v
a
Y)
en

Aah
es

1

WAL
The. J
h

SUR Media Doh Bah Oh Vath
Vv

ri ad ’

de

“avr

YY
eee
v
ny
vy

,

a
rh
ia

ie

»3 ins > Ie > ee aie, Se oo > a> ie Ser > me
a =P >> +> »D os ~~ =e LD P22? >. PD aw wg
ae a 2D +> 722? SP 3D) DS > D5 SS o>
ae ad ae 227. ¥ PD> TD D>. D> D> > DD >
oA > 2. 2 RD > 1S D> - >> > > en SF Bree
ee » > a> Be) > eet > Si 22D >> ~“D D>» > >
i QP > 2 2 ow” 222 D>. D>? 2
=> DP». > Pe) a ie Sa os a > > > Se
’ ; se oe) ae ’ pss > >>> = >> >a >>) 2S Be >: a
: : _ a 1° 2 PYF > a> Pe E »
> 2D, 5 > D> ae TDS a es Ss, =>. a ee SS)
we > PEP 2 PD. o> Sais we a> ND MRR 2 PL ORD ogee ee
2 > 7 39D Ga eS SSD > 2a fe 7
“a A >> 22> PSD. eS Dy s > 0) > > ee
i < >>, > TD Ro pee - . i> os Ss S65 5 4 Ss oe x
= 9 - $er2 ae OD es > > Dad —_ SS 4
+" Rie) > 22> >. RD 3 ee es > >in) 2s
ae) Dio > S3> a Pi) a “ei Sh Se >) > s>
Pe> > ee ee Se
> o> tee ie ae > >)
> Ai > IE a is a eps
> > e>” > > >:
[> > i p> i> er » >>>
> 2s DD 2D > ~ =
D> > >_> > 2
=e > eS >
Py a i>») > 1 é Pp
oe ees > S
1 2 >°>>> i Pe
2 en > > >5 >> > 2
R22 > > 35 5> > 5D sSD >> _>
> SSeS VV = pee
Py D b> > EB: peo) So
a > D> DNs > erg
22> De => SD>>
2S >>> >
> > => >>> > >

es ue o> eee so Ses

>

PPD EH DDD ee

Bao te Si ae 2DP> >: >.
h > >>> I> >> D>» >. | ne ; =>
See Se Se > be > erases >. Doar > eo >.
: 2 DEP ID DD D> Dabs > > =
ae >» =. {IY Dw DD DD. . D> VS a Sw]
> aw 55> IIH De DP D2>>. D>» SSS
> Pai o> eres > 2 D> > SY odo YS SDD >* DIP? + > > Se >
os > Paes > tee Sa oe >>>» we >> > 2 a,
te 22, DA > > > Pi? > Pe >> sD me >. Dob? Sy SS Sa DS
> ele 2 APS) oP PP I> > ee > >) se Ssh DPD. ~ DIS Se =
> Se need > i te ei Dee» Sed > i> ye oe 2222
a “Seer 22> > 2 ee > 2 > > Si >
> 22>. * > Sb os DP PN > ew > D> s
>. 22 DSSS SS =a EEE > yo > ae
a Ree > a es Le Beets ee
re

view

,

ae ip Se > >> ie ee
> s 4 ae eed : 2 Le ed
> >> a SS os ae
; D> D>: SS. Pl >>> >

Ua

ees wees

>> 222 2 SP SD D> 2D >

a

> 5
>

a > oe
oa St eee ee
$e ee ee eee
Ss. Se ae 4 ees > 2d
See ae ee ee
ee te a es i > ee >
5) ry, > es e SS
ee Ree ee pe Se> > EDD od D> nd ss
=< Si SO) aes bee J.2 2 ee pt 2a. :
ee) DP ee eS See > ee

>> LSD D pes _ > SSPE PY

> Sopp eS > D>» p> ee >> ae

Pee
ere

> > SPD D>) 2
>> D> _ _ Poy. m >> poe ee
ne ea > bil >> ee > > eee 2 as
> Se PS eae Sed 2 wD Se
= A SS Ss ee > ee > ae Se Re) ome
= D>)> > >> Pore Son > >>> 2 oe as st
z pS a2 ade BD 4 2 Pd =" >
5 Se > Se et kao ae
>< sos a > a> ae aed 2S >
> > Se 33 se
ts es he Pa Sis »

DD >” ae
2 eS oe ee ee ea ae

yu
RI

as > 5 b> NS oe So o> SSeS
3 SSD > 32> Se Soe DD > oO >>>.
o> > > ae —— Se > 22D >
D> > eae ne oe Sa D> > S52
D> BDEDPD 2 ae os Se PP)
is Se ee ee Ss Ss lee ae
p> >) >) Pa se > * x | <a 4
oF Rs > Jee 2s > ae a es > >.
Das > Oh SS > D> > >:
D >> > > > hi >>> >a I>. Si ae ,
BA a eoe 2 oe 2 we > > ee
Sa +a ae aarti Gia ES rs ; i
= a Ss = ese ee >
e oo : >> >> Sp >”
oD Se S05 = eee Le
S>_ DD >> Wo dip _y_-»? : OE EE Se eS
ee S> > SPP SS SS SS
SoS ee ae ee ee ee ee
DSS > > ee 5 SSS SS
Pn 2 > > > SS > > > Db D> DD
= Boe 22 ee Pee >> 2 ee a
22 eee eS ee
SS Sb we 55S Sb Dap > >
me Be Pe Dp we >>> a yp >.
Sia ae > ene em emt ee
>_> DDS _— > 2S ——
SE DPD OO Ls
= 4 Se > ae
>See ee Se es
SP DDD > DD D> >
$5233 0S 2232
ae s ee ees > 5 > SS >>>
DDoS DID sD > oy eS >>
a > Pei > > ip re eo
s SoS De ea > a ee ea Ss
aS ae So Sy DIP pr» Pe
pe ay

> >» I> wry > Fy ee >>> p>

Sw 2 SS > DD ae ODDS D> b> > > D> D>

“SPD EDS >“ D vi PD wy DP WH D> > D>:

> oe Ss [> > D> Dp DY» ee Se
>

Pe Dk > PDs >» Sp 2D>> >> Sp s :

> ee > SD > > 9 > 52> >> DP >> = ies
5 pS eee SSS > D> >_> >>> > Spr eer >> D
> > SP eS > > ee Ly 22S => S>>> > I>iD

Sp >> Sy> D> yd- S>> >> SH DD SSS > SD
D> a> ee See Te zz > eo > > > Sa ee =
> Ee > DP» ae = Dee 3» >>> >> SSS
>> De SS ae > “> > CS > e
Do Se oe SS i> so) > >> D>
>_> DB>>> Pp» >> < > 22 >> >_> >>

b> ee aes ee > > ee > ae

oe SP eee. eae > 2) _ 2 >> >

SS Ss Se > Se > ae ee So
FIP DID _—P PID >. > aS ODS > DY D> DOD

2 2 D> PP She? > > Pe > TEP Le>

dee Se > >> Sb > Se > 2 D> D>.
[>> ESP SP iOD PD DipP Pe Py PIP > p> yp)
. > >> > Sw > >> D2 Dae >. ar > D>
p> WP Pee > Dy >. > ee 2>r DD

S22 > Py o> Se | Da > > aa D> > os
a > i >i > > i i > > fe Mi ie a i> > ee >
pee) > Sy D> a >> > > > > >> > DY SwPS = Rie
Sy) DD > 33D PD > SS > Dy D> D 7 > SDD BS
> P Py >> ee D> > ae > 2 > > SS Se"

> De >> Ue Dope > De DD SS > Sa >
ee es ee Ss > ee ee i me

> Pe ae

ee
Re aE? 2 2 EM >>> —» >

SSS es a ie i> > ie o> ae ee an
Re > ee ei >_> I> ie
ee ED PD Te > De >> > D>
i > Fae) >> ee ob > | i ae BD ie

ae a A
ny we 2 3 , Br
# A i °
#
ae AMG mS
Wa! a.
a Pay us a
i ie
ie
i |
7
?
‘\
P
oe

¥Ou XVIL

SMITHSONIAN

MINCELEANEOUS COLCECTIONS.

VOL. XVII.

“EVERY MAN IS A VALUABLE MEMBER OF SOCIETY WHO BY HIS OBSERVATIONS, RESEARCHES,
AND EXPERIMENTS PROCURES KNOWLEDGE FOR MEN.”’—SMITHSON,

WAS EEN. GLOW:
PUBLISHED BY THE SMITHSONIAN INSTITUTION.
1880.

ae na
: fi a Pi re ane
sa a ;

Mi a we,

a RY Ue
‘i 1

;
«
oo
2
i
‘ .
;
‘
|
a
{ :
‘
i
. ’
’
!
: rr

CONTENTS.

Page.

Advertisement : : ; : : vii

ArticLE I. The Smithsonian Institution: Documents relative to
its origin and history, edited by William J. Rhees,
1879, pp. 1027.

V

vey a)
y ; ay

i) Dhan at
(7 ae

an

ADVERTISEMENT.

The present series, entitled “Smithsonian Miscellaneous Collec-
tions,” is intended to embrace all the publications issued directly
by the Smithsonian Institution in octavo form; those in quarto
constituting the “Smithsonian Contributions to Knowledge.” The
quarto series includes memoirs embracing the records of extended
original investigations and researches resulting in what are believed
to be new truths, and constituting positive additions to the sum of
human knowledge. The octavo series is designed to contain reports
on the present state of our knowledge of particular branches of
science; instructions for collecting and digesting facts and materials
for research ; lists and synopses of species of the organic and in-
organic world; museum catalogues; reports of explorations; aids
to bibliographical investigations, etc., generally prepared at the
express request of the Institution, and at its expense.

The position of a work in one or the other of the two series will
sometimes depend upon whether the required illustrations can be
presented more conveniently in the quarto or the octavo form.

In the Smithsonian Contributions to Knowledge, as well as in the
present series, each article is separately paged and indexed, and the
actual date of its publication is that given on its special title page,
and not that of the volume in which it is placed. In many cases,
works have been published, and largely distributed, years before
their combination into volumes.

While due care is taken on the part of the Smithsonian Institu-
tion to insure a proper standard of excellence in its publications, it
will be readily understood that it cannot hold itself responsible for
the facts and conclusions of the authors, as it is impossible in most

cases to verify their statements.
SpENcER F. Barrp,

Secretary Smithsonian Institution.

VII

a Ni oe
i rie aa i Me cbicala by
Raa had ANTAL aah fi

pine 6S (Lan pent Habis

‘ a 1
Ye
7. ‘ I
i a
a hes
ati rs
a4 Pit
i 5 al i
y, tn | ; mur bay ; wet
7 j earl : i W nd

oe

ie ,

7 ; Oe a | ¢ i ae ‘ me ie te ps bs

SMITHSONIAN MISCELLANEOUS COLLECTIONS,
328

THE

SMITHSONIAN INSTITUTION:

DOCUMENTS

RELATIVE TO ITS ORIGIN AND HISTORY.

EDITED BY

WILLIAM J. RHEES.

WASHINGTON:
PUBLISHED BY THE SMITHSONIAN INSTITUTION.
1879.

JUDD & DETWEILER, PRINTERS,
WASHINGTON, D. C.

ADVERTISEMENT.

The Board of Regents of the Smithsonian Institution in January,
1878, requested its Secretary to prepare and publish a history of
its origin and progress, such as he was pre-eminently qualified to
furnish. The materials necessary for this purpose had in part been
brought together, when the death of Professor Henry, on the 13th
of May, prevented the carrying out of the original plan. As the
documents collected are necessary to any future historian of the
Institution, Mr. Wm. J. Rhees, who had been entrusted by Pro-
fessor Henry with their selection, was requested by the Chancellor,
Chief Justice Waite, to continue the work, and the present volume
is the result of his labors.

In this will be found the Will of Smithson, all the Congressional
debates and legislation relative to the beqalest, and many documents
which could probably only have been brought to light by one per-
fectly familiar with the operations of the Institution, Mr. Rhees
having been associated with Professor Henry, as its Chief Clerk,
for more than twenty-five years.

The amount of labor in the preparation of this volume, was very
great, as all the data were procured from original sources. Manu-
scripts and documents were consulted in the Department of State,
Treasury Department, the Capitol, and elsewhere; and every page
of the voluminous records of the proceedings of Congress for more
than forty years was carefully examined so that an account of
everything relating to the Institution could be presented.

SpeNceR F. Barrp,
Secretary Smithsonian Institution.

WasuHincton, April, 1879.

PREFACE.

Many individuals have become entitled to gratitude for gifts to
a community or services to their country, but few have acquired
distinction as the benefactors of mankind. The desire for posthu-
mous fame has induced some to erect monuments to themselves by
founding libraries, others by endowing schools of learning or chari-
table establishments; but very few have succeeded in devising
a plan by which their names should not only acquire world-wide
renown, but their benefactions be of universal application.

To James Smithson belongs the rare and proud distinction that
his bequest is for no particular locality and confined to no limited
period. His aim is to benefit all men, and is never-ending in its
action.

Smithson selected the United States of America to carry into effect
his noble design, believing that to confer a benefit on all mankind
he could confide in a nation composed of representatives of all
races, where no narrow interpretation would be given to his words,
or selfish limitation be placed on his charity. Turning from the
unstable monarchies and decaying empires of Europe, he sought
for perpetuity of his ideas in the rising power and wonderful pro-
gress of the young republic.

Smithson’s life was devoted to original research, as all his writ-
ings show, and accustomed to the use of the precise language of
scientific investigators, he made the words of his will brief, but as
explicit as his intention was clear to his own mind. Nevertheless
his idea was in advance of popular intelligence in this country, and
a discussion took place which rendered it impossible for eight years
for Congress to adopt a plan to carry out his beneficent intention.

Legacies too often prove more fruitful of wasteful litigation or
disputation than of immediate or general benefit, and the history

of the Smithson bequest should prevent other philanthropists from
Vv

VEE PREFACE.

giving occasion to similar controversies. Notwithstanding the de-
lay in establishing the Institution, and the difficulty in deciding on
the best plan of organization, after more than thirty years of its
active and useful existence, it is gratifying to know that the fund
left by James Smithson not only remains unimpaired, but has been
very largely increased.

There can be no doubt that Smithson’s world-wide renown
is due not only to his own acts, but to the enlightened, pure,
and able administration of the trust, and that, with the name of
the founder, will always be held in admiration and esteem that of
the first Secretary of the Institution, Professor Joseph Henry. Of
the many plans proposed for realizing the purposes of Smithson
scarcely any would have carried his name beyond local reputation.
Much larger bequests or gifts have been made by others to found
libraries, and yet the names and foundations of such persons are
scarcely known to the world. The Smithsonian library in Wash-
ington would have been no more to mankind than the Rush
library in Philadelphia, the Lenox in New York, or the Newberry
in Chicago, each of which has a foundation of more than a million
of dollars.

That the collecting and publication of the materials composing
this volume should have been so long delayed has been a matter of
regret to all who wished to study the history of the Institution or
or to become acquainted with the life and character of its founder.
The fire in the Smithsonian building, in 1865, unfortunately
destroyed the manuscripts of Smithson which had come into the
possession of the Institution; a careful examination of these would
have probably thrown additional light on his character and pur-
poses. The present volume has been prepared by special direction
of the Board of Regents to supply the want long felt by them and
others. It is only to be regarded as a mine or store-house of
material from which the history of the Institution can be hereafter
prepared, and from which illustrations may be drawn of the en-
larged or contracted views of our legislators, and the wise or vision-
ary theories and schemes of literary and scientific men.

PREFACE. VII

After a copy of the “ Will” of Smithson, the whole of the corres-
pondence resulting from it is given; the announcement of the be-
quest made to the Department of State by Mr. Vail, our Charge
d’ Affaires at London ; the appointment of Hon. Richard Rush as
special agent of the United States to obtain the money, and all
his letters while engaged in this business, in 1836, 1837, 1838; the
opinions of the English solicitors; the decision of the Court of
Chancery ; the bill of costs of the suit; a schedule of the per-
sonal effects of Smithson, and an account of Mr. Rush’s financial
transactions.

The particulars are then given of the residuary legacy, or that
part of the bequest left in England by Mr. Rush as the principal
of an annuity to the mother of the nephew of Smithson; the steps
taken by the Institution to procure this money in 1863, and how it
was disposed of by act of Congress in 1867.

Then follows a reprint from the Congressional Globe and Record
of all the legislation relative to the bequest or to the Smithsonian
Institution from 1835 to 1878, the proceedings in the Senate and
in the House of Representatives being given in order from the
24th to the 44th Congress. The parts of this section of the work
of most general interest will be the debate on the propriety of the
Government accepting the bequest and the discussions and reports
on the various plans proposed for organizing the Institution.

The memorials and plans presented to Congress are printed in
full so that a better understanding can be had of what our legis-
lators had before them in considering the subject.

The history of the investment of the fund by order of Congress
in State stocks, and of the financial management required in con-
sequence, forms a large part of the volume, and is given in detail
for the first time.

The account of the controversy which arose as to the manage-
ment of the Institution, the appointment of a committee of investi-
gation by the House of Representatives, the two reports of that
committee, the debates in Congress and the final disposition of the
matter, occupy considerable space.

VIII PREFACE.

For convenient reference the resolutions relative to the election
of Regents and the printing of the annual reports are given. It
has also been thought proper to insert the debates in regard
to appropriations for the preservation of the collections of the
Government placed in charge of the Smithsonian Institution.

Copious extracts are made from the diary of Hon. John Quincy
Adams, which give the private history of the motives of action by
committees, members of Congress, and public men, in regard to the
early legislation respecting the bequest.

The proceedings in Congress present a great many plans and
schemes proposed for the disposition of the bequest, and seem to
embrace almost every possible suggestion, but as complete a col-
lection as possible has also been made of the views of literary
and scientific men not directly presented to Congress. These
papers, while of unequal merit, have a value as illustrations of the
thought of the time, and show not only how much attention was
paid to securing a wise disposition of the Smithson fund, but to the
wider subject of the general promotion of knowledge.

Following the programme of organization proposed by Professor
Henry and adopted by the Board of Regents, are the opinions ex-
pressed by more than fifty of the most eminent literary and
scientific men of the day.

This plan has stood the test of experience of more than thirty
years and been found admirably adapted to the purpose intended ;
it has triumphed over all opposition, and is now universally re-
garded as wise, comprehensive, and satisfactory.

The Smithsonian is not a Government Institution, as is often
supposed, but is a private foundation, originating entirely in
the bequest of an individual. The management of the establish-
ment, however, is entrusted to the Congress of the United States,
and hence it is in more or less communication with that body.
Even the printing of its annual reports occasions discussion, and
a larger or smaller number of copies are ordered according to
the varying mood or liberality of the legislators. As the national
collections in natural history have been placed in charge of

PREFACE, IX

the Smithsonian Institution, an appropriation must also be asked
every year for their preservation and exhibition. The discussions
thereby occasioned show how unfavorable they are to a quiet, un-
disturbed pursuit of the great ends of the Institution itself.
Acknowledgments are due for facilities and co-operation afforded
by Mr. Spofford, Librarian of Congress; Mr. Dawson, Librarian
of the House of Representatives; Mr. S. A. Brown, Chief Clerk,
and Mr. Baker, of the Department of State; Capt. R. A. Bayley,
of the Treasury Department; Messrs. W. B. Taylor, C. B. Young,
and G. H. Boehmer of the Smithsonian Institution, and especially to
the printers, Messrs. Judd & Detweiler, for their valuable services.
Wiiiram J. Rares.

SMITHSONIAN INSTITUTION,
WasHInaton, April, 1879.

oe

FL
any hana)

n ae
ee ry
Pail 4

}
As

CONTENTS.

WLLL OR J AMIS) SMITHSON face e enn Ue a Be ee ee sees fe.
CoRRESPONDENCE between attorneys in England, Department of
State, Richard Rush, &c., &c., relative to the bequest of
Smitisonmees 5056 los eee sOagMI Vets ea we
The case stated by Mr. Rush

Opinion of English counsel

Decree in chancery, awarding Smithson’s bequest to the United

States eae eee Sawa ieee ee ee eee aS
Account in the case of the United States __-_--.-._-_--------------
Bill of costs in the case of the United States__...__-.-------.----
Richard Rush’s account with the Smithson fund -_-.-----.-.-----
Schedule of the personal effects of James Smithson..----..-------
iesiduary, bequestiof Smithson 22° = 22. sae ee eS

CoNGRESSIONAL PROCEEDINGS IN RELATION TO THE BEQUEST—

Twenty-fourth Congress ---.---- IS86-3 tesa aea eso co
Twenty-fifth Congress ----~----- W83(—39 2 eee ae
Twenty-sixth Congress --------- 183924 eee see con ene
Twenty-seventh Congress ------- 1841=432 = === ee
Twenty-eighth Congress __------ SA Sea See wee nese oe
Twenty-ninth Congress_-_-- soe 8454 Sees seen e ase
Thirtieth, Congress'-—--=2-——-— = oe a ee
Thirty-first’ Congress -_.__..-_.- S41 O= eee eee eee
Thirty-second Congress_-------- [Gol ==o3¥s— see ase
Thirty-third Congress -_.------- 1582 bdeeeet ek eee
Thirty-fourth Congress _-------- 1855—biSSse ole
Thirty-fifth Congress .__-__.---- 1S5ia502 oe ees. See
Thirty-sixth Congress -....---_. 1592 O lessee aaneee oes
Thirty-seventh Congress -..----- 186163222552 Soe
Thirty-eighth Congress --_------ 1S03-Gose2 ao eee
Thirty-ninth Congress._-------- 1865-67224 cones see oe
MortiethyConeress)= 22. 22. 2 1361-6923 ee eee
Morty Coneress oa eo OOO (are: aoe ee
Forty-second Congress -_-_------- 1ST ipeseea see eet
Forty-third Congress --_-.------ WSO (Oke tee a
Forty-fourth Congress ---------- 18,0 jess ae ea

xI

Page.

XII CONTENTS.

DIGEST OF THE ACT OF CONGRESS ESTABLISHING THE SMITHSONIAN Boi

Institution. By Prof. Henry ---.-------------------- 758
EXTRACTS FROM THE MEMOIRS oF JOHN QUINCY ADAMS, giving
accounts of meetings of committees appointed by Congress
on the Smithson bequest, proceedings in Congress, views of

public men, &c..------ ---------------- ------------ ---- 763
Account oF THE UNITED STATES TREASURY WITH THE SMITHSON

WUND) Sasa oro a a ae ree 803

Arkansas_ .-22-- 535-255-5222 == eee nee ee = ae eens 804

Michigan 222 S252 0 eee oe ee 810

Mlinoiss222 2-2 5-5—~ sm aias ca tee ee be eee ae eee 814

Ohio ..<-- 2321202022 St ee eee 820

The United ‘States... -- 2 ee eee 824, 834

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST ---------.----- 837

By Thomas Cooper ---=-=-===+====--+- --22-——=—— === === == 838

Brancis Waylane \. 2552222 oo ee ee eee 839

John Quincy Adams: 222-2222 - 22222 ee eae Ote

Richard Rushicso.)2 02 Se a eee were 849

Stephen Chapin 2222 2. Soa ee ae ee 856

Horatio Hubbell 22s2ce5 2232s See ee ee 860

Southern Literary Messenger, 1838-_--.-.-...----.- 864, 870, 890

Peter 8. Duponceat sa eee 895

Joel. R. Poinsett-.2 2S S252 Sea eee ee eens 899

William Darlington 22s) 222 =. 2 ee ee eee 901

William ‘Barlow s20t2 2 ee eee 910
REPORT OF THE ORGANIZATION CoMMITTEE of the Board of Re-
gents of the Smithsonian Institution. (Messrs. Owen, Hil-

liard, Bache, Choate, and Pennybacker) -.-.---.--------- 930
PROGRAMME OF ORGANIZATION OF THE SMITHSONIAN INSTITU-

TION. . By Prof..dioseph Henry 22-22-22 Sasa eee 944
LETTERS RELATIVE TO THE PROGRAMME OF ORGANIZATION PRO-

POSED) BY “PROM. HENRY) 2-222 6 oe o> oo eee ee 961

By T. Romeyn Beck, Albany Academy, N. Y.-------+------ 961

Benjamin Silliman, Yale College, Ct. -.-----_------=---- 962

American Academy of Arts and Sciences, Boston, Mass. -- 964

New Jersey Historical Society, Newark, N. J.----------- 970

CONTENTS. XIII

Page.
Lrtrers—Continued.

Nath’l F. Moore, Columbia College, N. Y. -------------- 971
Mark Hopkins, Williams’ College, Mass.__..---.-------- 972
Enoch Pond, Bangor Theological Seminary, Me._--.----- 972
Chas. J. Whipple, Salem Atheneum, Mass. .._-----_.---- 972
Henry J. Ripley, Newton Theological Institute, Mass. --- 972
Simeon North, Hamilton College, N. Y. ~=---- --2+.+---- 973
James P. Wilson, Delaware College, Del. --------------- 978
C. P.: Krauth, Pennsylvania College, Pa.....-.---.------ 973
William Sparrow, Theological Seminary, Va._-----.-----. 974
Matthew F. Maury, National Observatory, D. C.-------- 974
Ane. We. Smith, Wesleyan University, Ct.._---.-..._--. 974
James Curley, Georgetown College, D. C.----------. --- 975
Edward Hitchcock, Amherst College, Mass. ..-._-.----~_- 976
Hector Humphreys, St. John’s College, Md.------------. 976
Georgetown College, Georgetown, D. C._-----.-----.---- 976
KE. Robinson, Union Theological Seminary, N. Y.-------- 977
Henry Brewerton, U.S. Military Academy, N. Y. ------ 977
Erancis: Wayland, Brown University, R. I. -2.....2.--.- 977
Leonard Woods, Bowdoin College, Me. -----------_. ---- 978
W. Perroneau Finley, College of Charleston, S. C. ---..-- 978
E. D. Mac Master, Miami University, Ohio ----_---_--_. 978
Charles Martin, Hampden Sidney College, Va. --------~. 979
AGS. packard, Bowdoin: College. Mieis 2 22.5522 sa 980
John Chamberlain, Oakland College, Miss.._----..------- 980
A. C. Kendrick, Madison University, N. Y. -------.-.--. 981
Philip Lindsley, University of Nashville, Tenn.----.-.-. 982
Benj. S. Ewell, William and Mary College, Va. --..-.---- 982
Andrew Wylie, Indiana University, Ind. ------_..--- oe 982
A. P. Stewart, Cumberland University, Tenn.--.---_-__- 983
C. W. Parsons, Rhode Island Historical Society. R. I.---- 983
David Elliott, West. Theological Seminary, Pa. --------. 984
American Antiquarian Society, Worcester, Mass. _--.---- 985
Henry Smith, Marietta College, Ohio -..._-..---____-... 989
B. Manly, University of Alabama, Ala. -----.-----_---. 989
Joseph Estabrook, East Tennessee University, Tenn.----- 990
F. A. Muhlenberg, Jr., Franklin College, Pa. --...--.---.- 990
Horace Webster, New York Free Academy, N. Y. ------ 991

David L. Swain, University of North Carolina, N. C.---- 991

xXIV CONTENTS.

Page.
LETTERS— Continued.

Josiah L. Pickard, Platteville Academy, Wis.-.--------- 992
S. A. Bronson, Kenyon College, Ohio--_---------------- 992
John Williams, Trinity. College; Ct. 2-22-2222 2 992
D. N. Sheldon, Waterville College, Me.-_-~_. .---.--.... 992
B. H. Ragsdale, Jackson College, Tenn.----.-.---..--.-- 993
W. F. Hopkins, Masonic University, Tenn. -------.~---- 993
Benj. P. Johnson, State Agricultural Society, N. Y. ----- 993

Joel S. Bacon, Columbian College, D. C.-----.---------- 993

oie 5 wit jena)
; } Ag ue ay
Be
bf to ae?

SMITHSONIAN BEQUEST.

WILL OF JAMES SMITHSON.

I, JAMEs Surtuson, son of Hugh, first Duke of Northum-
berland, and Elizabeth, heiress of the Hungerfords of
Audley, and niece of Charles the Proud, Duke of Som-
erset, now residing in Bentinck street, Cavendish Square,
do this 23d day of October, 1826, make this my last will
and testament :

T bequeath the whole of my property of every nature and
kind soever to my bankers, Messrs. Drummonds of Charing
Cross, in trust, to be disposed of in the following manner,
and desire of my said executors to put my property under
the management of the court of chancery.

To John Fitall, formerly my servant, but now employed
in the London Docks, and residing at No. 27, Jubilee Place,
North Mile End, Old Town, in consideration of his attach-
ment and fidelity to me, and the long and great care he has
taken of my effects, and my having done but very little for
him, I give and bequeath the annuity or annual sum of £100
sterling for his life, to be paid to him quarterly, free from
legacy duty and all other deductions, the first payment to
be made to him at the expiration of three months after my
death. I have at divers times lent sums of money to Henry
Honoré Juilly, formerly my servant, but now keeping the
Hungerford Hotel, in the Rue Caumartin at Paris, and for
which sums of money I have undated bills or bonds signed
by him. Now, I will and direct that if he desires it, these
sums of money be let remain in his hands at an interest of
five per cent. for five years after the date of the present
will.

To Henry James Hungerford, my nephew, heretofore
called Henry James Dickinson, son of» my late brother
Lieut. Col. Henry Louis Dickinson, now residing with Mr..

1

2g SMITHSONIAN BEQUEST.

Auboin, at Bourg la Reine, near Paris, I give and bequeath
- for his life the whole of the income arising from my prop-
erty of every nature and kind whatever, after the payment
of the above annuity, and after the death of John Fitall,
that annuity likewise, the payments to be at the time the
interest or dividends become due on the stocks or other
property from which the income arises.

Should the said Henry James Hungerford have a child or
children, legitimate or illegitimate, I leave to such child or
children, his or their heirs, executors and assigns, after the
death of his, her, or their father, the whole of my property
of every kind absolutely and forever, to be divided between
them, if there is more than one, in the manner their father
shall judge proper, and in case of his omitting to decide
this, us the Lord Chancellor shall judge proper.

Should my nephew Henry James Hungerford marry, I
empower him to make a jointure.

In case of the death of my said nephew without leaving
a child or children, or of the death of the child or ehaldecn
he may have had under the age of 21 years or intestate, I
then bequeath the whole of my property, subject to the
annuity of £100 to John F[itall, and for the security and
payment of which I mean stock to remain in this country,
to the United States of America, to found at Washington,
under the name of the Smithsonian Institution, an estab-
lishment for the increase and diffusion of knowledge among
men.

I think it proper here to state, that all the money which
will be standing in the French five per cents. at my death
in the names of the father of my above mentioned nephew,
Henry James Hungerford, and all that in my name, is the
property of my said nephew, being what he inherited from
his father, or what I have laid up for him from the savings
upon his income.

JAMES SMITHSON. [L. 8.]

CORRESPONDENCE.

Clarke, Fynmore g- Fladgate to A. Vail.

CRAVEN STREET, STRAND, [Lonpon,] July 21, 1835.

Sir: We send you, enclosed, the copy of a will of Mr.
Smithson, on the subject of which we yesterday did our-
selves the pleasure of waiting upon you, and we avail our-
selves of the opportunity to repeat, in writing, what we
verbally communicated.

Pursuant to the instructions contained in the will, an
amicable suit was, on the death of the testator, instituted
in chancery by Mr. Hungerford, against Messrs. Drum-
monds, the executors, under which suit the assets were
realized. They were very considerable; and there is now
standing, in the name of the accountant general of the
court of chancery, on the trusts of the will, stock amount-
ing in value to about £100,000. During Mr. Hungerford’s
life he received the income arising from this property ; ; but
news has just reached England “that Mr. Hungerford has
died abroad, leaving no child surviving him.

Tt now becomes necessary that measures should be taken
for the purpose of getting the decision of the court of
chancery, as to the further disposition of the property. On
reference to the will, it will appear that it is not very
clearly defined to whom, on behalf of the United States,
the property should be paid or transferred ; indeed there is
so much doubt, that we apprehend that the Attorney
General must, on behalf of the crown of England, be
joined in the proceedings which it is requisite that the
United States should institute.

We act in this matter for Messrs. Drummond, the
bankers, who are mere stake-holders, and who are ready
to do all in their power to facilitate ectting the decision of
the court, and carrying into effect the testator’s intentions.

We shall therefore be happy to communicate with such
professional advisers as your Government may think fit to

3

4 SMITHSONIAN BEQUEST.

appoint to act for them in this country. In the mean time,
we may perhaps be permitted to add, that it is perfectly
competent for us to carry on the proceedings, on behalf of
the United States, and possibly some expense and delay
may be avoided by our so doing. ;

Having thus briefly stated the nature of the business, we
ai present abstain from making any suggestions as to the
party in whose name proceedings should be adopted, con-
sidering the point should be determined by our counsel
here, after the opinion of the proper law officers in the
States has been taken on the subject.

Any further information you may require, we shall be
happy to give you, and are, sir,

Your most obedient servants,
CLARKE, FynmMoreE & FLADGATE.

A. Vait, Esauire, 49 York Terrace.

A. Vail to John Forsyth.

LEGATION OF THE UNITED StaTES,
Lonpon, July 28, 1835.

Sir: The papers which I have the honor herewith to
communicate to you will acquaint you with the particulars
ofa bequest of property to a large amount, left to the United
States by a Mr. James Smithson, for the purpose, as stated
in the will, of founding, at Washington, an institution “ for
the increase and ditiusion of knowledge among men.”

* * * * * 7 The
letter of Messrs. Clarke, Fynmore & Fladgate, the solicitors,
by whom I was apprised of the existence of the will, to-
gether with the inquiries I have made, leave no doubt of its
having been established, and its dispositions recognized by
the court of chancery, the first legatee under it having, for
several years, and to the time of his death, received the in-
come of the property, which is stated to have amounted to
upwards of £4,000 per annum.

According to the view taken of the case by the solicitors,
it is now for the United States, in the event of their accept-
ing the bequest and the trust coupled with it, to come for-
ward, by their representative, and make themselves parties
to an amicable suit before the Lord Chancellor, for the pur-

SMITHSONIAN BEQUEST. 5

pose of legally establishing the fact of the demise of the
first legatee without children and intestate; prove their
claim to the benefit of the will, and obtain a decree in chan-
cery, awarding them the proceeds of the estate. Messrs.
Clarke, Fynmore & Fladgate are willing to undertake the
management of the suit on the part of the United States;
and, from what I have learned of their standing, may safely
be confided in. Not being acquainted with the exact
structure of our institutions, they are not, able to point out
the exact manner in which the United States should be
represented in the contemplated suit; but they believe
that their diplomatic agent here, if constituted, for that
purpose, the legal representative of the President, would
be recognised by the court of chancery as the proper organ
of the United States, for all the purposes of the will.

Should it be thought unnecessary to await the action of
Congress to authorize the institution of the requisite legal
proceedings, and should the course suggested by the solic-
itors meet the views of the President, his power of attorney
authorizing the diplomatic agent here to act in his name,
will, I apprehend, be necessary; and, as the suit will
involve some expense not connected with the contingent
fuud of the legation, your instructions upon this branch of
the subject will likewise be desirable.

Iam, sir, with great respect,
Your obedient servant,
A. VaIL.
Joun Forsytu, Esq.,
Secretary of State of the United States, Washington.

John Forsyth to Aaron Vail.

DEPARTMENT OF STATE,
Wasuineton, September 26, 1835.

Sir: [have the honor to acknowledge the receipt of your
despatch of 28th July last, (No. 197,) relative to a bequest
of property to a large amount left to the United States by
Mr. James Smithson, for the purpose of founding at Wash-
ington an institution ‘for the increase and diffusion of
knowledge among men;” and to inform you that your let-
ter, and the papers which accompanied it, have been sub-

6 SMITHSONIAN BEQUEST.

mitted to the President, who has determined to lay the sub-
ject before Congress at its next session. The result of its
deliberations, when obtained, shall be communicated to
you, with the necessary instructions.

Of the course intended to be pursued in relation to this
matter, as above explained, you will take occasion to ac-
quaint the solicitors who apprised you of the existence of
Mr. Smithson’s will.

I am, sir, your obedient servant,
JOHN Forsytu.

Aaron VatL, Esq.,

Chargé d’ Affaires of the United States, London.

John Forsyth to Richard Rush.

DEPARTMENT OF State, July 11, 1836.

Sir: I have the honor to inform you that the President,
in pursuance of an act of Congress passed at their recent
session, has been pleased to appoint you the agent of the
United States to assert and prosecute their claim to the
legacy bequeathed to them by James Smithson, late of Lon-
don, deceased. Your power of attorney or commission is
herewith remitted, with an authenticated copy of the act
referred to annexed toit. It is the wish of the President
that you should, in the event of your acceptance of this
trust, embark for London without unnecessary loss of time,
to enter on the duties of the appointment. Previously to
leaving the United States, however, it will be necessary, in
compliance with the provisions of the accompanying act
of Congress, to execute to, and deposite with, the Secretary
of the Treasury, with good and sufficient securities, to his
satisfaction, a bond or bonds, in the penal sum of $500,000,
for the proper performance of those duties, and for the
faithful remittance to the Treasury of the United States of
such sum or sums of money, or other funds, as you may
receive in virtue of said bequest.

The compensation to be allowed you for your services in
this capacity will be at the rate of $3,000 per annum for
your personal services, and at the rate of $2,000 for all
contingencies except the law expenses. Compensation to
begin from the day you report yourself ready to enter on

SMITHSONIAN BEQUEST. Ti

the duties of the office. An account of the law expenses,
with vouchers, will be required.

A letter of credit on M. de Rothschild, the banker of the
United States at London, authorizing him to pay your
drafts for compensation, and for the necessary expenses
actually incurred in the prosecution of this claim, is also
enclosed, limited to $10,000, being the whole amount appro-
priated by Congress for that object.

I am, sir, your obedient servant,
JOHN Forsytu.

Ricuarp Rusu, Esq., &e.

Richard Rush to Clarke, Fynmore & Fladgate.

PortLanp Horert, Great PortLAND STREET,
Lonpon, September 14, 1836.

’ GENTLEMEN: Referring to your correspondence with the
chargé (affaires of the United States, in July, 1835, on the
Smithsonian bequest to the United States, I beg leave to
inform you that I have arrived here with full power from
the President, founded on an act of Congress, to assert the
right of the United States to that bequest, and receive the
money. Ishould be happy to have an interview with you
on this subject; to which end I ask the favor of you to call
upon me on Friday morning at 11 o’clock; or, should that
be inconvenient to you, at such other time, near at hand, as
you will have the goodness to name.

I remain your most obedient servant,
Ricuarp Rusu.
To Messrs. CLARKE, FyNMoRE & FLAGDATE,
Solicitors, Craven street, Strand.

8 SMITHSONIAN BEQUEST.

Richard Rush to John Forsyth.

Lonpon, September 24, 1836.

Sir: I had the honor to inform you, on the 81st of Aug-
ust, of my arrival at Liverpool, having embarked in the
first ship that sailed from New York after my letter of the
Ist of August, informing you that I was ready.

I reached this city the early part of the present month,
and, as soon as circumstances would permit, entered upon
the duty which the President’s power of attorney devolves
upon me.

Towards asserting and prosecuting with effect, before the
legal tribunals of England, the claim of the United States
to the legacy bequeathed to them by James Smithson, of
London, to found, at Washington, an institution “for the
increase and diffusion of knowledge among men,” the first
consideration which seemed to present itself was, the selec-
tion of fit legal characters here, through whose aid and
instrumentality the incipient steps could alone be judiciously
marked out or adopted. In a country where the profession
of the law is known to be so subdivided as in this, I re-
garded it important that not only the counsel whose services
it may ultimately become necessary to engage, but the
solicitors to be approached in the first instance, should have
a standing suited to the nature of the case, and the dignity
of the constituent I represent. The letter addressed you in
July, 1835, by the late chargé d’affaires of the United States
at this Court, left little doubt, indeed, that Messrs. Clarke,
Fynmore, & Flagdate, were proper solicitors; yet, as the
President’s power to me, and your instructions, appeared to
place the whole subject anew in my hands, some previous
inquiry into their standing seemed necessary on my part.
This I set on foot, and am glad to say that it ended to my
satisfaction; the more, as their connexion with the case in
its origin naturally pointed to their selection, other grounds
continuing to justify it.

Accordingly, on the 14th instant, I addressed a note to
these solicitors, informing them that I had arrived in this
country with full power from the President, founded upon
an act of Congress, to assert the right of the United States
to the Smithsonian bequest, and receive the money; and
requesting that they would call upon me on the 16th. A
copy of my note is enclosed. This is a season of the year
when professional and official business of every kind is

SMITHSONIAN BEQUEST. >

much at a pause in London, and those who conduct it dis-
persed. It was not until the 20th that I was enabled to com-
mand an interview with these gentlemen, when two of
them, Mr. Clarke and Mr. Fladgate, waited upon me; the
latter having previously called, after receiving my note, to
mention the absence of his associates from town. With
these two I had the preliminary conversation suited to a
first interview. They chiefly went over the grounds stated
in their note of the 21st of July, to our chargé d’affaires,
Mr. Vail; in some points enlarging them and giving new
particulars. They said that James Smithson, the testator,
died in June, 1829; that his will was proved in the prerog-
ative court of Canterbury by Mr. Charles Drummond, one
of the executors, and one of the banking-house of ‘that
name in London; that Henry James Hungerford, the testa-
tor’s nephew, to whom was bequeathed the whole of his
property for life, subject to a small annuity to another per-
son, brought an amicable suit in chancery against Messrs.
Drummond, the executors, for the purpose of having the
testator’s assets administered under the direction of the
Lord Chancellor; in the course of which suit the usual
orders and decrees were made, and by its issue assets ascer-
tained and realized to the value of about one hundred
thousand pounds sterling; that Mr. Hungerford, who resi-
ded out of England, received, up to the time of his death,
the dividends arising from the property, which consisted of
stock in the public funds; and that he died at Pisa, on the
dth of June, 1835, of full age, though still young, without
having been married, and, as far as is yet known, without
illegitimate child or children; that the assets of the estate
are now invested in the name of the accountant general of
the court of chancery, subject to the further disposition of
the court; that the will of Mr. Smithson having made the
United States the final legatee on Mr. Hungerford’s death
without child or children, legitimate or illegitimate, the
facts seem to have happened under which their right will
attach; but the solicitors continue to think that a suit, or
legal proceedings of some nature, to which the United
States must be a party, will have to be instituted in the
court of chancery, in order to make valid their right, and
enable them to get possession of the fund, now in the hands
of the court, and subject to its judgment.

The foregoing formed the main purport of their commu-
nication. They added, that the mother of Henry James

10 SMITHSONIAN BEQUEST.

Hungerford, who is still living and married to a Frenchman
of the name of De la Batut, has put in a claim to a part of
the property; but as the claim is small, and not likely to
come to much, the mother of Mr. Hungerford not having
been married to his father, it is scarcely necessary at this
time to detail the circumstances.

I asked at what time from the present the earliest, sitting
of the court of chancery would be held. They replied in
November. It will be my object to get the fund for the
United States without a lawsuit in chancery of any kind, if
this be practicable; and towards an end so desirable my
further reflections and measures will for a while be directed,
taking care that I do not lose the advantage of all proper
applications at the first term of the court, for whatever form
of suit or other legal proceedings may be found indispens-
able.

I have nothing further of any importance to communi-
eate at this juncture. I delivered to the minister of the
United States, Mr. Stevenson, the letter from the acting
Secretary of State of July 27th, requesting his good offices
in behalf of the public object with which I am charged,
should they be needed; and I cannot close this letter with-
out adding that I have already received co-operation from
him that has been useful, and which gives earnest of the
zealous interposition of his further aid, should it be re-
quired,

IT have the honor to remain, with great respect, your obe-
dient servant,

Ricuarp Rusu.

Hon. Joun Forsytu, Secretary of State.

The Case Stated by Mr. Rush.

The testator died at Genoa on the z7th day of June, 1829,
and on the 4th of November, in that year, the will was
proved in the prerogative court of Canterbury, by Mr.
Charles Drummond, one of the banking-house of that firm,
mentioned in the will.

Soon after his death, an amicable suit was instituted in
the court of chancery, by Henry James Hungerford, his
nephew, against Mr. Charles Drummond, as executor, for
the purpose of having his assets administered under the
direction of that court. The usual orders and decrees were

SMITHSONIAN BEQUEST. 11

made in the suit, and assets realized to the amount of about
one hundred thousand pounds sterling in value, which are
now invested in the public funds, and are standing in the
name of the accountant general of the Court of Chancery,
to the credit of the cause of Hungerford vs. Drummond,
and applicable to the trusts of the will.

Mr. Hungerford, who resided out of England, received
the income arising from the testator’s property up to the
time of his death. This took place on the 5th of June,
1835, at Pisa.

He was never married, and died without leaving any ille-
gitimate children or child.

The events have therefore happened, by which the right
of the United States of America is considered to have
attached, as the residuary or final legatee under this will.

In July, 1835, their chargé d’affaires at this court, im-
parted official information to the Secretary of State, at
Washington, of the preceding facts, who laid them before
the President, with a copy of the will and other papers that
were transmitted.

The President not having authority under his general
executive powers to take any steps for accepting the trust
or obtaining the fund, communicated the papers to Congress
on the 17th of December of that year, with a view to such
measures as that body might deem necessary.

Congress, acting on the ground that the bequest to the
United States was valid, and that it would not be incompat-
ible with their dignity to accept the fund as trustees, for an
institution to be founded at Washington, for a purpose so
broad and benevolent, passed, on the Ist of July last, an act
authorizing the President to appoint an agent to assert and
prosecute their right to the bequest, in such form, and be-
fore such tribunal or tribunals in England, as might be
proper; and to receive and grant full acquittances for all
such moneys or other funds as might be adjudged to them
on account of it.

In pursuance of the authority given by this act, the Pres-
ident has appointed a citizen of the United States, in the
person of the undersigned, to perform on their behalf the
duty which it enjoins; and he is here, their representative
and attorney in the matter set forth.

His full power from the President, and a copy, under seal
of the Department of State, of the law on which it is
founded, are ready to be filed in the Court of Chancery, or

12 SMITHSONIAN BEQUEST.

otherwise made known to the Lord Chancellor, at whatever
time and in whatever manner may be thought proper.

The United States having acceded to the bequest, the
first duty of the undersigned is to obtain, for his high con-
stituent, possession of the fund without any delay that can
be avoided.

His questions for the opinion of counsel in England are :

Ist. Can possession of it be obtained without a suit?

2d. If not, what is the form of suit or other legal pro-
ceeding which, by the laws of England, will give promise
of putting the United States in possession of the fund in
the most effectual and prompt manner ?

RicuarpD Rusu.

Lonpon, October 1, 1836.

Opinion of Counsel.

ist. We are of opinion that the possession of the fund
cannot be obtained without a suit.

2d. We think that the best course will be, that a bill, in
the nature of a supplemental bill, should be filed in the
name of the President of the United States of America,
against the executors of Mr. Smithson, praying that the
United States may be entitled to the fund upon trust, for
the purposes expressed in the will; and that, upon obtain-
ing a decree to that effect, a petition should be presented, in
the name of the President and Mr. Rush, praying that the
fund may be transferred to the latter, as the agent of the
United States, appointed under the act of Congress.

As we understand that the testator, Smithson, was ille-
gitimate, we think that it will be advisable to make the
Attorney General a party to the suit, in order that he may
represent before the court any claim which the Crown may
have, either by reason of the question of the validity of the
limitation to the United States, after a limitation to illegiti-
mate children, or by reason of any part of the property
consisting of interests in land.

THomMas PEMBERTON.
Epwarp JACOB,
Lincoun’s Inn, November 2, 1836.

SMITHSONIAN BEQUEST. 13
Richard Rush to John Forsyth.

Lonpon, November 5, 1836.

IT am following up the Smithsonian business, as you will
take for granted. This week I had an interview with the
counsel ; but nothing has transpired calling for an official
letter to you since the one I wrote on the 24th of Septem-
ber.

RicuarpD Rusu.

John Forsyth to Richard Rush.

DEPARTMENT OF STATE,
Wasuinaton, November 17, 1836.

Sir: You will receive enclosed the copy of an account
presented to Daniel Brent, Esq., consul of the United States
at Paris, by M. Castaignet, a French attorney, of certain
fees charged by him for services rendered in relation to the
effects of Mr. James Henry Dickinson, deceased, alias de
la Batut, alias Hungerford, nephew of the late James
Smithson, of London. Copies of Mr. Brent’s letters of
23d October, 1835, and 14th August, 1836, explanatory of
the subject, are also sent. As the whole amount of the
fund appropriated by the act of Congress of 1st July, 1836,
for defraying the expenses incident to the prosecution of
the claim of the United States to the Smithsonian bequest,
are in your hands, and as the bill, if correct, is properly
chargeable to that fund, I have the honor to request that
you will examine this account; and if you shall deem it
just, and the amount reasonable, transmit to Mr. Brent the
sum necessary to discharge the claim.

It may be proper also to allow to Mr. Delagrange, the
attorney consulted in this case by Mr. Brent, a fee for his
advice. You will perceive, however, that, before such an
allowance can be made, it will be requisite to obtain from
the latter precise information as to the amount of the
charge.

I am, sir, your obedient servant,
JoHN Forsytu.
_To Ricuarp Rusu, Ksq., London.

14 SMITHSONIAN BEQUEST.

Richard Rush to John Forsyth.

Lonpon, November 22, 1836.

Sir: After my letter to you of the 24th of September,
desirous as I felt of falling upon some mode by which the
United States might get possession of the Smithsonian
bequest, without the delays and difliculties apt to attend
upon suits in chancery, prosecuted in the ordinary form, I
found myself unable to do so. At one time it occurred to
me, considering the peculiar nature and national aspect of
the case, that perhaps an indirect appeal to the British
Government, through the channel of our minister, might
be justified; not, indeed, that an influence was to be
brought to bear upon the judicial tribunals in any objec-
tionable sense, but simply with a view to obtain some ex-
pression or intimation of its favorable dispositions towards
the trust I bear from the President, as far as the laws of
England might be in unison with it. But obstacles pre-
sented themselves to the actual pursuit of such a course,
although I knew how ready Mr. Stevenson would have
been to second it as far as in his power, that led me to turn
from it, at least as an incipient step; without, however,
losing sight of it, if it may seem practicable and advisable
at any subsequent stage of the proceedings.

That course no longer looked to, it appeared to me that
the first step, on my part, had better be to draw up a state-
ment of the case for the opinion of counsel, submitting to
them, as one of the questions, whether possession of the
fund might not be obtained without a suit. The solicitors,
I was aware, had said that it could not; but, on a preijimi-
nary point so important, [ did not think that it would be
proper to rest on them alone, but take the opinion of
eminent counsel. On the Ist of October, I accordingly
drew up a statement of the case, setting out a copy of the
whole will, as obtained for my use from the registry of the
prerogative court of Canterbury, adding the facts necessary
to show what was believed to be the present right of the
United States to the legacy, and my authority to receive it
on their behalf. A copy of the statement is enclosed
marked A.

The next step was to select the counsel. Here little
deliberation was requisite, it being only necessary to ascer-
tain the most eminent. I thought it would be advisable to

SMITHSONIAN BEQUEST. 15

consult two. I found it pretty generally agreed that Mr.
Pemberton was at the head of the chancery bar, and there-
fore designated him as one. Mr. Jacob being in the first
class of eminence, next to Mr. Pemberton, and of high
reputation for learning in the profession, I took him as the
other. Although using all the means I could to get their
opinion, after drawing up the case, it was not until the 8th
of this month that I succeeded; which was owing to the
absence of Mr. Pemberton from town nearly the whole of
October. I had an interview with them before their opinion
was given, and set before them all the lights I was able to
afford on the nature of the case, and wishes of the Presi-
dent for its early decision. Their opinion is subjoined to
the statement enclosed.

It will be seen that they regard a suit as indispensable.

Next, as to the mode of proceeding. It appears that
they think a bill should be filed, in the name of the Presi-
dent, against the testator’s executors, praying that the
United States may be declared entitled to the fund, and
that, on obtaining a decree to that effect, a petition should
be presented for the actual payment of the money. They
add, that it would be advisable to make the Attorney Gen-
eral a party to the proceedings, in case the Crown should
have any claim under the will, by reason of “ the limitation
to the United States, after a limitation to illegitimate
children,” or in case any part of the property should con-
sist of interest in land. ‘The opinion is dated on the 2d
instant, but I did not receive it until the 8th, as mentioned.

Although I drew up the case, the usages of the profes-
sion here required that it should pass to the counsel,
through the hands of the solicitors, to which I made no
objections; the less, as the latter claim, under all common
circumstances, to state the case themselves, as well as hold
interviews with the counsel, instead of the party holding
them. The same usages and subdivisions require that a
junior counsel of the chancery bar should * * * * *
draw the bill suggested by the senior counsel, to which I
have, in like manner, consented; and Mr. Shadwell, a son
of the vice chancellor, has been designated for that duty,
under assurances, I have had, that he will perform it satis-
factorily, and with an understanding, moreover, that the
bill is to have the revision and sanction of the senior
counsel before it is filed. The whole course of proceeding
may now therefore be considered as in regular train, and

16 SMITHSONIAN BEQUEST.

shall be followed up with all the despatch and care which
my superintendence can impart to it.

Should the intervals between my letters be longer than
might at first seem compatible with my desire and duty to
keep you informed of what is going on, I hope it will not
be interred that there are relaxations in either; since it is
very likely to happen, as has been the case since the date
of my last letter, that whilst I am doing all in my power
to expedite arrangements and results, nothing may transpire
to lay a basis for written communications in any degree
definite or satisfactory. Legal proceedings, in general,
imply these intervals of apparent inaction, and a suit in
chancery in England is not likely to form the exception.
When occasions of writing to you may arise, the duty shall
never be omitted.

This letter would have been written immediately after I
received the opinion, but that I wished some explanations,
as it was not argumentative; a form which counsel here do
not give to opinions. It being recommended that the bill
should be in the name of the President, I deemed it right
to mention that there was a possibility in law of a tempo-
rary vacuum occurring in the executive power under our
constitution, in order that they might judge how far that
consideration would affect the name or style to be used in
bringing the suit. As they further advise that the Attor-
ney General be made a party, I wished to ascertain, as far
as I might, what weight they attached to the point that
seemed the main inducement to that course, as well as the
reason for suggesting it in advance. I doubted not their
good reason for such a course, but thought it desirable to
learn it from themselves, that I might impart it from that
source for the President’s information.

They have informed me that the legal possibility to which
I drew their attention under our constitution does not alter
their opinion as to the name proper to be used in bringing

the suit, and they do not think it would answer to bring it -

in the name of the United States alone, whatever the provi-
sions of our constitution under this head. I of course put
before them the act of Congress of the 1st of July, 1836,
which authorizes the suit. As to the point of law, whether
a bequest can be sustained after a limitation to illegitimate
children, they replied, that they do not at present attach
any decisive, perhaps any great weight to it, but think it
one that may be made; and as to its suggestion in advance,

|
|
|

SMITHSONIAN BEQUEST. 17

they suppose that the United States would not desire to
take the bequest through any oversight in the court or At-
torney General, admitting either to be possible in a case of
this publicity ; but only if the laws of England would war-
rant in all respects an adjudication in their favor—a senti-
ment in which I naturally and fully concurred.

I was not able to command an interview with the counsel
for the sake of these explanations until yesterday, owing to
their constant engagements, although I sought it repeatedly
sinee the 8th of the month, by personal calls as well as notes
desiring to have a time fixed.

If there have been these delays that I have been unable
to prevent, 1am glad to add that no time has been lost in
reference to the November term of the court, the first that
has been held since I came here.

I have the honor to remain, with great respect, your obe-
dient servant,

Ricwarp Rusu.

The Hon. Joun Forsytn, Secretary of State.

Richard Rush to John Lorsyth.

Lonpon, December 20, 1836.

Sir: I was yesterday honored with your letter of the 17th
of November, enclosing the account forwarded to the De-
partment by the consul of the United States at Paris, of M.
Castaignet, a French attorney, for certain fees char wed by
him for services rendered in relation to the effects of Mr.
James Henry Dickinson, deceased, alias de la Batut, alias
Hungerford, nephew of the late James Smithson, of Lon-
don, and requesting that [ will examine it with a view to its
payment out of the Smithsonian fund in my hands, if
deemed just, and the amount reasonable; and mentioning
also that it may be proper to allow Mr. Delagrange, the
attorney consulted by Mr. Brent, a fee, after obtaining from
the latter precise information as to ‘the amount of the
charge. Copies of Mr. Brent’s explanatory letters of the
23d of October, 1835, and 14th of August, 1836, also came
enclosed in your letter, and I beg leave to say that the
whole subject shall have from me full attention.

The Smithsonian case continues in proper train here, with
every advantage I have found myself yet able to give it,

2

18 SMITHSONIAN BEQUEST.

according to the statement and explanations transmitted
with my No. 4; but it has not yet come to its first hearing
before the court of chancery.
I have the honor to remain, with great respect, your
obedient servant,
Ricwarp Rusu.

The Hon. Joun Forsytu, Sccretary of State.

Richard Rush to John Forsyth.

Lonvon, January 9, 1837.

I have already had the honor to acknowledge the receipt
of your letter of the 17th November, enclosing the account
of Mr. Castaignet, the French attorney, for certain services
in relation to the effects of Henry James Dickinson, de-
ceased, alias de Ja Batut, alias Hungerford.

I have given to this subject the proper attention, and, for
the better understanding of it, now beg leave to state :

That Henry James Hungerford was the natural son of
Henry Louis Dickinson, deceased, brother of Mr. Smithson,
by a Mrs. Coates. The latter is still living, and married to
a Frenchman named de la Batut. Uungerford lived with
her and took her name, whilst bearing which he died, hav-
ing also passed under that of Dickinson. It is understood
that, as long as he lived, he made her an ample allowance;
but his death put an end to it, and, as far as the will of Mr.
Smithson is concerned, (the will which creates a right in
the United States,) she can claim nothing. This I under-
stand to be agreed by counsel on all hands here.

Mer claim, if she has any, is under the will of Henry
Louis Dickinson, made at Paris, July, 1819, by which he
left all his property to his brother, Smithson, in trust for
his (Dickinson’s) son Hungerford, alias Dickinson, alias la
Batut. Half the income of it, however, was to go to this
Mrs. Coates, alias Madame la Batut, during her life.

But whether the property which Dickinson thus left, and
which is supposed to be the fund which Mr. Brent natur-
ally desired, through the instrumentality of the French
attorneys, to secure for the United States in Paris, now
constitutes any part of the Smithsonian fund in the English
court of chancery, and awaiting its decision, or whether the
former fund has not all been dissipated, and if so, how

SMITHSONIAN BEQUEST. 19

much of it got into the hands of Madame la Batut, and has
already, principal as well as income, been applied to her use
and benefit, are, I understand, points still unsettled.

I made a first mention of this la Batut claim in my No.
4,in September. Under the facts presented by this further
explanation, it does not clearly seem that the account of the
French attorney, M. Castaignet, or the fee to M. Delagrange
ean, for the present, be a charge upon the Smithsonian fund
in my hands. Perhaps it may be a question how far the
act of Congress of the Ist of ‘July, 1836, creating and ap-
pr opriating that fund, will sustain any charge upon it other
than for expenses in prosecuting the right of the United
States to the Smithsonian bequest before the tribunals here
in England, where alone, by what I now communicate, it
may turn out that the entire fund bequeathed by Mr.
Smithson exists. In weighing all the circumstances, [ have
come to the conclusion, at all “events, not to pay the above
account or fee until the issue of the proceedings in chancery
on the whole case here is known; unless, after this com-
munication, I should receive your instructions to the con-
trary. We must hope that the bequest of Mr®Smithson
will ultimately be adjudged to the United States ; but there
is a complication of illegitimacy in the matter, and we dare
not with confidence affirm that the decision will be favorable,
prior to its taking place.

I have the honor to remain, with great respect, your
obedient servant,

RicuarpD Rusu.

The Hon. Joun Forsytu, Secretary of State.

Richard Rush to John Forsyth.

Lonpon, February 2, 1837.

Str: The Smithsonian case was brought to a first hearing
in the court of chancery yesterday, and it is satisfactory to
me to be able to say that results, so far, are favorable to the
establishment of the claim of the United States.

The hearing was before Lord Langdale, master of the
rolls; this court and the court of the vice chancellor being
the two branches of the English chancery system, before
which suits are brought in the first instance.

The bill was in the name of the President of the United

20 SMITHSONIAN BEQUEST.

States of America against Drummond, as recommended by
counsel, in their opinion transmitted with my letter No. 4,
of the 22d of November. The case was fully opened, on
behalf of the United States, by Mr. Pemberton.

The Attorney General was not personally present in court;
but Mr. Wray,a member of the bar, and King’s counsel,
acted as his representative on the occasion. Iam glad to state
that he abandoned, in effect, all opposition on the part of the
Crown. No question, therefore, will be raised as to whether
a bequest can be sustained after a limitation to illegitimate
children; or any other obstacle interposed under the doc-
trine of escheats, or any other, by the legal representatives
of the Crown. These officers, 1 am given to understand,
have had the whole case under consideration, and will do
nothing more than exercise that general superintendence
which the Crown, through its law officers, is bound to exer-
cise where questions may arise connected with public char-
ities; the rules respecting which are considered applicable
to this case.

The coyyt, after the hearing, decreed that the case be re-
ferred to one of the masters in chancery, the proper officer
for the duty, to make the requisite inquiries as to the facts
on the happening of which the United States become en-
titled to the fund bequeathed by Mr. Smithson. The claim
of Madame la Batut having been brought before the court
by counsel representing it, his lordship also decreed that
the validity of that claim be inquired into, with a view to
ascertain if it be a proper charge upon the fund.

The inquiries will be proceeded with in the usual and
regular manner, and with all the expedition that my super-
intendence can impart to them. When brought to a close,
the cause will come on for the further order and decree of
the court.

Having heretofore mentioned, and in my last letter ex-
plained more particularly, the claim of Madame la Batut, I
need say no more about it at present. It extends only to
an annuity of about one hundred pounds, payable during
her life; so that, even if sustained, it will form, in the end,
no material deduction from the fund. But I have of course
directed that it be properly scrutinized, in order that noth-
ing be taken from the United States to which they are
rightfully entitled.

Counsel also appeared for Messrs. Drummond, and made
alittle show of opposition ; but as their clients are, in fact,

SMITHSONIAN BEQUEST. Al |

nothing more than stakeholders, they will offer, in the
further progress of the case, as I have reason to believe, no
serious opposition. They said on this occasion that the bill,
in giving title to the suit, ought to have named General
Jackson as President; on which Mr. Pemberton remarked,
that in that case it must have been amended on the 4th of
March, by substituting the name of Mr. Van Buren. On
the other hand, the King’s representative, Mr. Wray, ex-
pressed his concurrence with Mr. Pemberton, that the title
of the suit was good as it stood.

Our professional advisers thought that the President
ought to be named, as in the title, with a view to a techni-
cal responsibility on the record for costs, although no such
question of fact would arise in this case; and because he
was otherwise the organ of intercourse and business be-
tween the United States and foreign nations. I told them
that his name was not thus introduced in suits in the United
States; but they had before them the act of Congress of
July the Ist, 1836, directing that this suit might be brought
in the name of the United States, ‘‘ or otherwise, as may
be advisable,” and formed their opinion accordingly.

The master of the rolls, not having then seen the act of
Congress, intimated his impression to be that the suit
should follow in this respect the forms in the United States;
adding, that he considered this part of the case as nothing
but matter of form, and would give leave to amend forth-
with, if necessary; so that the point is of no consequence.

I think Iam justified in saying, from all that is known
at present, that the case is in a safe train in all respects,
with every promise of a successful issue. Reports of what
took place in court have appeared in the newspapers here,
but are not to be relied upon, as I am enabled to say, my
duty having made it proper that I should myself be present
in court all the while.

In my letter of the 22d of November, it is intimated that
I might, perhaps, at a subsequent stage of the case, have
deemed some appeal to this Government advisable in rela-
tion to it. The contingency I had in view, was that of the
Attorney General interposing a claim for the Crown, under
the law of escheats. In that event I had contemplated
drawing upa counter representation on behalf of the United
States, founded on the public objects of Mr. Smithson’s
will, to be brought to the notice of this Government,
through the channel of our minister. All necessity for

22 SMITHSONIAN BEQUEST.

acting upon this intention is now at an end, by the course
which the law officers of the Crown have pursued; and I
can discern no other ground for an application to this Gov-
ernment. Nor, Iam happy to add, does any such applica-
tion appear at present to be needed, either for the purpose
of justice or expedition.

I have the honor to remain, with great respect, your obe-
dient servant,

Ricwarp Rusu.
Hon. Joun Forsyru, Secretary of State.

Richard Rush to John Forsyth.

Lonpon, February 10, 1837.

Sir: After what I communicated in my last letter, it is
proper for me to state that the court finally determined,
before the minutes of its proceedings on the Ist instant
were made up, that the title of the suit, as originally advised
by our counsel, was the proper title, viz: “The President
of the United States of America versus Drummond.” It
therefore stands so without alteration.

It will have been observed from my last, that the court
had not seen the act of Congress in the proceedings of
record up to the Ist instant. The reason it did not then
appear on the face of the bill will be found in the nature of
the counsel’s opinion. I put a copy of the act into their
hands, as a necessary accompaniment to my statement of
the case drawn up for their consideration. On referring to
their opinion, transmitted with my No. 4, it will be seen
that they recommend that a bill be first filed, praying that
the United States might “be declared entitled to the fund,
upon trust, for the purposes expressed in the will;” and,
next, that when a decree to that effect was obtained, a peti-
tion should be presented, in the name of the President and
the agent, praying that the fund be transferred to the latter,
as authorized by the President under the act of Congress to
receive it. The counsel thought that the proper time for
setting forth the act would have arrived when the petition
was presented, and not before; but the court, under its first
impression, inclining to think it ought to be added to the
bill, gave leave to make the addition forthwith, and it was
done accordingly. The case therefore now stands, on all
points, as could be desired, without any delay having inter-

SMITHSONIAN BEQUEST. 23

vened through matters of form. Our professional advisers
are disposed to regard this with satisfaction, considering the
case as one of the first impression here, the United States
having never before appeared as suitor in an English court.

Having selected counsel of distinguished character and
abilities in the court of chancery to conduct the proceed-
ings on the part of the United States, I feel that it is not
my province to guide but follow their opinions in matters
of English law and practice. Yet I feel it a duty to under-
stand theirs, and offer mine to their consideration whenever
there may seem any likelihood of its being serviceable to
the claim of the United States, and will frankly own that I
saw no objection to their withholding the act of Congress
from the record, until actual payment of the fund was asked
of the court who have the present custody of it. The
United States, it is true, had never before sued in an Eng-
lish court. But there were precedents of other nations
having done so by their executive head; as, for example,
the King of France, the King of Denmark, and I believe
other sovereign and independent States. It was not under-
stood that any legislative act of those countries had been
considered necessary, and was therefore inferred that the
United States might in like manner enter the courts here,
as of common usage, to establish the validity of a testa-
mentary bequest made to them by a subject of Britain.
The act of Congress may have been necessary, quoad the
United States themselves. The bequest, it may be, could
not have been accepted otherwise, or a suit been brought
on their behalf; but no act of Congress was required for
such ends before an English court. The will itself, showing
a prima facie right in the United States, was enough to
open an English court to their suit, and perhaps their dig-
nity would best be consuited by not exhibiting the special
act until indispensably necessary. The validity of the be-
quest being established on general grounds by a decree of
the court, then, before payment could have been made to
any one demanding possession of the fund for the United
States, adequate authority from the proper source there
must be shown; and at this epoch the act must have been
filed, as well as the agent’s power. This was the reasoning
of our counsel, as I understood it. It appeared to me good,
as did their reasons for bringing the suit by its present title.
How far the master of the rolls might have dispensed with
the filing of the act of Congress until the time indicated by

'

24 SMITISONIAN BEQUEST.

our counsel as that alone when it was necessary, had the
latter pressed the point to an argument, is not for me to
say. They yielded to his lordship’s first impression, and
filed it at once, as it caused no delay, and must have been
done under their own intentions at a future day, if a favor-
able decree be obtained on the main question, now so rea-
sonably to be anticipated.

I have the honor to remain, with great respect, your
obedient servant,

RicuarD Rusu.

The Hon. Joun Forsytu; Secretary of State.

Richard Rush to John Forsyth.

Lonpon, March 25, 1837.

Sir: In my No. 7 I had the honor to inform you that the
court, after the hearing on the Ist of February, decreed that
the case be referred to a master in chancery, to make the
requisite inquiries as to the facts, on the happening of which
the United States become entitled to the fund bequeathed
by Mr. Smithson.

The facts specially directed to be inquired into, and which
must be judicially and technically settled, are, first, whether
Henry James Hungerford, named in the pleadings, be living
or dead; second, if dead, when he died; third, whether he
was married or unmarried at the time of his death; fourth,
if married, whether he left any and what children and
child, and the age or ages of them, ifany. It is further to
be ascertained whether John Fitall, mentioned in the plead-
ings, be living or dead, and, if dead, when he died; and the
said master is finally to inquire whether Madame de la Batut
has any claim on the testator’s estate, and to make report
on all the several matters so referred to him.

These inquiries are now all duly and regularly in pro-
gress. Advertisements, of which I annex copies, designed
as one means of obtaining information under the four heads
first specified, and the last, have been inserted in three of
the London newspapers of the present month, viz: the
Times, Morning Herald, and Standard. Copies of them,
translated into ’rench and Italian, have also been inserted
in newspapers at Paris and Port Louis, in France; the lat-
ter being the place where Madame de la Batut resides; and

.

SMITHSONIAN BEQUEST. 25

at Leghorn, in Italy, it being understood that there is no
newspaper published at Pisa, where it is believed Hunger-
tord died.

It was by my direction that the advertisements have been
framed with all the brevity compatible with the essential
object of the court’s decree. I have caused to be carefully
kept from them any mention of the amount of property be-
queathed, and everything else respecting the nature of
Mr. Smithson’s will. This course seems best adapted to
guard against the risk of raising up spurious claimants, or
combinations, in France, Italy, or this country, to battle
with the right of the United States, whereby, although their
ultimate recovery of the fund might not be prevented, great
delays might be interposed.

Whether John Fitall be living or dead, the remaining
branch of inquiry, is a fact to be ascertained without difli-
eulty here in London.

T have the honor to remain, with great respect, your obe-
dient servant,

RIcHARD Rusu.

The Hon. Joun Forsyru, Secretary of State.

Advertisements.
(1.)

Whereas, by a decree of the high court of chancery in
England, made in a cause wherein the President of the
United States of America is plaintiff, and Charles Drum-
mond and his Majesty’s Attorney General are defendants,
it was (amongst other things) referred to Nassau William,
Sen., Esq., one of the masters of the said court, to inquire
and state to the court whether Henry James Hungerford,
who formerly resided at Paris, in the Kingdom of France,
and is alleged to have died in Pisa, in the Kingdom ot
Naples, in the month of June, 1835, is living or dead, and,
if dead, where he died, and whether he was married or
unmarried at the time of his decease, and, if married,
whether he left any children or child him surviving, and
the ages of such children, if more than one. Therefore,
any person who can give any information touching the said
Henry James Hungerford, is requested, on or before the

26 SMITHSONIAN BEQUEST.

1st day of June next, to furnish the same to Messrs. Clarke,
Fynmore, and Fladgate, 43 Craven street, Strand, London.

(2.)

Whereas, by a decree of the high court of chancery in
England, made in a certain cause wherein the President of
the United States of America is plaintiff, and Charles Drum-
mond and his Majesty’s Attorney General are defendants, it
is (amongst other things) referred to Nassau William, Sen.,
Esq., one of the masters of the said court, to inquire and state
to the court whether Madame de la Batut, who lately
resided at Port Louis, in the Kingdom of France, has any
claim on the estate of James Smithson, who died at Genoa,
in the year 1829, the testator in the pleadings of the said
cause named. Therefore, the said Madame de la Batut is,
on or before the Ist day of May next, to come in before the
said master, at his chambers in Southampton buildings,
Chancery lane, London, and make out her claim on the said
estate of the said testator, James Smithson; or, in default
thereof, she will be excluded the benefit of the said decree.

Richard Rush to John Forsyth,

Lonpon, April 28, 1837.

Sir: In enclosing a duplicate of my last letter, (sent
with the original of this,) I have to supply an omission in
not stating that the advertisements were inserted in the
London Gazette, in addition to the other London news-
papers mentioned. It is the more necessary I should state
this, as when the bills for legal disbursements are all finally
rendered, it will be seen that the item for advertising in
this country forms no inconsiderable one. It was my wish
to avoid these advertisements altogether, not simply on
account of expense, which would have been a good reason
of itself, but for the more important one hinted in my last,
viz: their possible tendency to raise up fictitious claimants ;
but my wish could not prevail against the express order of
the court of chancery under which they were inserted.

In regard to the legal expenses, generally, of this agency,
I will take this occasion of barely remarking, that whilst I
have kept a constant watch over them all, endeavoring to

———————————_=_——S

SMITHSONIAN BEQUEST. Oi

confine them within limits as moderate as possible, they
are proverbially heavy in English chancery proceedings. It
seems that something is to be paid for every step taken,
every line written, and almost every word spoken by coun-
sel, senior and junior, solicitors, clerks, and everybody
connected with the courts, and officers attached to them,
under the extremely artificial and complicated judiciary sys-
tems that exist here.

Perhaps I ought also to have mentioned in my last that
there is no doubt whatever of the fact of John Fitall’s
death.. It only remains for the court to know it through
regular evidence, easily attainable, as before remarked, in
London, where he died.

I have the honor to remain, with great respect, your
obedient servant,

RicwarpD Rusu.

The Hon. Jonn Forsyru, Secretary of State.

Daniel Brent to Richard Rush.

UnitED STATES CONSULATE,
Paris, May 3, 1837.

Smr: On the 7th of August last [ made known to the
Secretary of the State the amount of expenses that had
been incurred by me in this city in taking precautionary
steps to secure to the United States, as legatee of James
Smithson, of London, the possession of property then sup-
posed to constitute a portion of his estate, and now have
the honor of transmitting to you, in consequence of a letter
recently received from the Department, receipts for the
amount of these expenses, as follows, viz:

Receipts of the M. Castaignet for his services_..._..______-____- fr. 226 25
Do. avocat, M. Delagrange Costes tise ewe See 40 00
NMymonmmsreckipt or postages le ise eee ea see} 6 00

ET Ot las kee eee eet ap hoke Cpa Se er ane A ie fr. 872 25

Y would feel obliged to you if you would have the good-
ness to provide, at as early a day as may suit your con-
venience, for my reimbursement, by furnishing me with a

28 SMITHSONIAN BEQUEST.

bill on Paris for their amount; and, in the mean time, f
have the honor to be, sir, your obedient humble servant,
DantELt Brent.
Ricuarp Rusu, &e., London.

Richard Rush to Daniel Brent.

Lonpon, Portianp Horet,
Great Portland Street, May 10, 1837.

Sir: I received your letter of the 3d instant, transmitting
receipts for sums expended by you in Paris, amounting to
fr. 272 25, for precautionary steps taken on your part to
secure possession of property then supposed to constitute a
portion of the property bequeathed to the United States by
Mr. Smithson. You state that you transmit these receipts
to me in consequence of a letter recently received from the
Department of State, and request I will provide for your
reimbursement by a bill on Paris for the amount.

I received from the Secretary of State, in December last,
copies of the same account, with a request that I would ex-
amine it, and if I deemed it just, and the amount reason-
able, transmit to you the sum necessary to discharge it; his
letter remarking that the account, if correct, was properly
chargeable on the Smithsonian fund in my hands, created
by the act of Congress of July 1, 1836, for defraying ex-
penses incidental to the prosecution of the claim of the
United States to the bequest of Mr. Smithson.

In reply, I had the henor to inform the Secretary, by
letter, dated the 9th of January, that it was still a point un-
settled whether the property which, with a commendable
zeal, you had aimed at securing for the United States, now
constituted any part of the Smithsonian fund in the English
court of chancery, awaiting its decision; that nothing had
yet been adjudged to the United States; that perhaps it
might be doubtful, under these and other circumstances I
stated, all of which could not have been known when the
Secretary’s letter to me was written, how far the act of July
the 1st would sustain the charge in question; and that at
all events I had come to the conclusion not to pay the
account until the issue of the proceedings in chancery on
the whole case here was known, unless I should receive the
Secretary’s instructions to pay it, after what I thus wrote.

I have received none; and unless the letter from the

SMITHSONIAN BEQUEST. 29

Secretary, which you have received, were written after the
receipt of mine of the 9th of January, and contains an ex-
press direction to me to pay, I should not feel at liberty to
do so; the less, as everything remains undecided here, and
a new fact is ‘interposed. Congress at the late session
omitted to make any further appropiation for the full prose-
eution and recovery of the Smithsonian bequest; and it is
certain, in my belief, that the sum allotted by the act of
July 1, 1836, will be exhausted by the unavoidable expenses
in London before any new appropriation can come from the
next Congress.

I have the honor to remain, very faithfully, your obedient
servant,

Ricwarp Rusu.

Danie Brent, Esq., Consul of the United States, Paris.

Richard Rush to John Forsyth.

Lonpon, May 18, 1837.

Sir: J have received a letter from Mr. Brent, consul at
Paris, transmitting his account and the receipts for moneys
expended by him in that city, with a view to obtain for the
United States some property, then supposed to be a part of
that which was bequeathed by Mr. Smithson. It is the same
account that was forwarded to me with your instructions of
the 17th of November last. To these I had the honor of
replying in my No. 6, in which the nature of the account
was explained, and reasons assigned for suspending pay-
ment; your instructions appearing to have left me a dis-
cretion over the subject. I trausmit a copy of Mr. Brent’s
letter dated the 3d instant, with a copy of my answer dated
the 10th. My reasons will be seen in the latter for still
withholding payment; Mr. Brent’s letter, as I read it, not
conveying to me your direction to pay. If I have erred in
this particular, I shall wait your further instructions, and
obey them. My letter to Mr. Brent, besides bringing into
view the former reasons, mentions a new one.

Under one of the advertisements transmitted with my
No. 9, viz: the one returnable on the Ist of this month,
the husband of Madame la Batut has come over here from
France, to make out the claim of his wife upon the estate
of Mr. Smithson. He has written me notes, and called

30 SMITHSONIAN BEQUEST.
°

upon me, though as yet I have not seen him. I deem it
unnecessary to transmit to you his representations, as I do
not act upon them in any way, abstaining as well through
my own judgment as that of our professional advisers. ‘To
the latter I say, if Monsieur la Batut has a just claim on
the part of his wife, it ought to be allowed; if not, no
authority but that of Congress could award him anything
out of the Smithsonian bequest, should it be finally ad-
judged to the United States. To this they assent, with the
further concurrence between us, that the court must decide
upon the claim; for establishing which, if it can be estab-
lished, he will now have every opportunity before a master
in chancery, the officer regularly appointed by the court for
that purpose. The solicitors advise me that he is a trouble-
some person, and seems to have unreasonable expectations ;
which, however, will be carefully scrutinized and properly
trolled.

I have the honor to remain, with great respect, your
obedient servant, ,

RicuarpD Rusu.
The Hon. Joun Forsyru, Secretary of State.

Clarke, Fynmore & Eladgate to Richard Rush.

No. 43 CRAVEN STREET, June 9, 1887.

Sir: We think it right to inform you that we have lately
had several interviews with M. de la Batut, who married
the mother of the deceased Henry James Hungerford, and
who we thought might be induced to furnish us with every
proof we wanted touching the deceased. His object was to
press upon our consideration the moral claims which he
supposes his wife and her and his children have upon the
United States, in consequence of their succeeding to the
fortune, to the income of which Hungerford was entitled
for his life. We allude to these moral claims, to distinguish
them from the rights which Madame de la Batut may have
under the will of Colonel Dickinson, Hungerford’s father,
which are the subject of inquiry before the master. To.
show, in part, the nature of these MorAL claims, we may
mention, that as the fund is left to the United States, to
found an institution for promoting knowledge, he considers,
notwithstanding that the institution is to be founded in

SMITHSONIAN BEQUEST. 31

America, that his and Madame de la Batut’s children in
France should have an allowance until the age of twenty-
two, for their education; and he considers that the income
derived from the fund since the testator’s death should be
allowed to Madame de la Batut !

We do not think it necessary to go further into these
requisitions, or into a detail of M. de la Batut’s arguments in
support of them. We may, however, advert more particu-
larly to the following point, which may have some claim to
consideration. M. de la Batut urges that young Hunger-
ford, who lived up to his income, left behind him nothing
to pay debts and funeral expenses; that had Mr. Smithson’s
will come into operation now, instead of seven years back,
he would, in consequence of a modern alteration in the law,
have been entitled to a portion of the accruing half year’s
income up to his death; but that, as the modern alteration
does not apply to the case, he is deprived even of that, and
cannot be said to have enjoyed the income of the property
during his whole life; and thus burdens are thrown upon
his relations, which their circumstances do not enable them
to bear. We may here observe, that the law on this sub-
ject is clear; he was not entitled to any portion of the half
year’s income. We answered him by stating that neither
you nor ourselves could give any opinion on the subject,
still less undertake that anything should be done for him
by the United States; and we informed him that if he con-
sidered he had any moral claims, he must himself apply to
the proper authorities, which he stated his intention to do.
We further informed him that we were in search of evi-
dence which was completely within his knowledge; and we
offered, if he would furnish us with and depose to the par-
ticulars relating to Hungerford known to him, we would so
far support any application he might make to the proper
authorities as to certify that in our inquiries and proofs we
were under material obligations to him; and he at length
consented to make the necessary depositions. These depo-
sitions we drew up in proper form, but, upon requesting
him to make an appointment to swear to them, he refused
to do so, unless he had a pledge from you that you would
do all in your power to support his claims, in addition to
the recommendation of Mr. Drummond to the consideration
of the United States. The recommendation of Mr. Drum-
mond, we might have promised him, but the pledge re-
quired from you we knew to be out of the question; and as

o2 SMITHSONIAN LEQUEST.

in the mean time we have received from Italy documents
which we trust will obviate the necessity of again applying
to him for assistance, we felt no hesitation in at once declin-
ing to make terms with an individual whose style of con.
duct would hardly justify any strong recommendation in his
favor. He then positively refused to assist us any further,
and has left us in considerable anger; and he has expressed
his determination to make an application to the President
through another channel. It will, we conceive, be entitled
to little favor.
We remain, &c.,
Criarke, Fynmore & FLADGATE.
To Ricuarp Rusu, Esq.

Clarke, Fynmore & Fladgate to Richard Rush.

No. 43 CRAVEN STREET, June 22, 1837.
Srr: Mr. Drummond has written to us, to inform you
that M. de la Batut has submitted to him a memorial,
which, on the part of Madame de la Batut, he proposes to
address to the President of the United States. Not having
been acquainted personally with Mr. Smithson, Mr. Drum-
mond cannot vouch for any of the facts stated in the memo-
rial; but, as Mr. Smithson’s executor, he feels disposed to
recommend to the consideration of the United States any
application coming from the mother of the deceased Hun-
gerford, who, so far as he has the means of knowing, is left,
by her son’s death, in reduced circumstances. Neverthe-
less, we must here add, that the attention paid to such ap-
plication must of course depend upon the conduct of the
parties making it.
Weare, &c.,
CLARKE, FynMorE & FLADGATE.
To Ricuarp Rusu, Esq.

Richard Rush to John Forsyth.

Lonpon, June 24, 1837.

Sm: I enclose copies of two letters received from our
solicitors, dated the 9th and 22d instant, relating to the

SMITHSONIAN BEQUEST. 33

conduct of Monsieur la Batut, in reference to the supposed
claim of his wife upon the Smithsonian fund.

My No.6, of January 9th, will have made known who
the wife is. Nothing is more clear than that she has no
claim under the will of Mr. Smithson. Her claim, if any,
can only be made out, as mentioned in my No. 6, under
the will of Henry Louis Dickinson, and for its establish-
ment the court of chancery has pointed out the proper
means, and Monsieur la Batut has full liberty to adopt
them, that justice may be done. I said in my No. 7, that
the claim extended only to about one hundred pounds a
year; but, on better information, I find that it would
amount, if ‘sustained, to two hundred and forty pounds a
year, during the life of Madame la Batut.

But Monsieur de la Batut is little satisfied with putting
forward this claim, which, it may be, the court will allow if
he can bring forward proof to substantiate it. He makes
a sweeping moral claim, as he calls it, upon the United
States, should the Smithsonian fund be adjudged to them.
The letter from the solicitors of the 9th instant gives, in
part, the ground of this moral claim. Te thinks that, as
the Smithsonian fund is to be applied to found an institu-
tion at Washington, for the increase and diffusion of know!l-
edge among men, his children in France have a claim to be
educated out of it; and he even considers that his wife
has a claim to the a income of the fund since
Mr. Smithson’s death! This, at a rough estimate, might
be perhaps set, down at upwards of twenty thousand
pounds.

I cannot wonder that the solicitors deemed it unneces-
sary to detail to me the “‘ arguments”’ by which Monsieur de
la Batut sought to support these his ‘‘ requisitions.” His
attempt at coercion, by withholding evidence within his
power, unless on a previous pledge from me to support his
requisitions, thereby showing a disposition to prevent the
United States recovering anything, will probably gain him
little favor in their eyes. Fortunately, there is now other
evidence, as the solicitors state in their letter, and have
since told me verbally, which, it is believed, will place the
United States beyond his reach. The part of their letter
that [ read with regret was that in which they intimated to
him that, as neither they nor I could engage that anything
should be done for him by the United States, he must him-
self apply to the proper authorities. I called upon them

3

34 SMITHSONIAN BEQUEST.

immediately, to express my wish that no such encourage-
ment be in future held out to him; but it seems that he
had already taken his course; their letter of the 22d instant
gives me to understand that he proposes to address a me-
morial to the President, through the auspices of Mr.
Drummond, the defendant in the suit. That he would
have done so on his own motion, in the end, without any
hint from the solicitors, is probable enough; but I was
sorry it had been given to him. For myself, I have invari-
ably discountenanced all his pretensions, deeming it my
duty to do so most unequivocally. I have refused to see
him, unless in presence of the solicitors, lest he should
misunderstand, or forget, or pervert, what I might say;
and the latter told me they could perceive no advantage in
my seeing him. If the United States recover the legacy
bequeathed by Mr. Smithson, I should naturally regard the
whole of it as a trust fund in their hands, not to be in any-
wise diminished or touched but by the same legislative
power that accepted it, for the purposes specially set forth
in the act of Congress of the 1st of July, 1836. Not only,
therefore, do I disclaim all authority for yielding, in the
slightest degree, to Monsieur la Batut’s demands, or giving
him the least hope that any of them are ultimately to be
allowed by the United States, but I should have thought it
not justifiable in me to refer him to the President.

Not being sure that I rightly understood what the solici-
tors mean in their letter of the 9th, about an alteration in
the law, I sought an explanation from them. It appears
that, by an act of Parliament passed in 1834, whenever a
person entitled to the annual proceeds of any fund or prop-
erty for his life, under a will coming into operation after
the passing of the act, dies between the points of time as-
signed for the periodical payments, his representatives be-
come entitled to a proportionate part of the accruing pro-
ceeds up to the day of his death. Before this act, there was
no such apportionment; and, as Mr. Smithson’s will came
into operation before it was passed, Hungerford’s represent-
atives have no claim to any of the dividend that accrued
after the Jast dividend day that happened previously to his
decease. I asked how this would stand with the case I
drew up for the opinion of counsel, as transmitted with my
No. 4; in which, among other things, I stated, under the
sanction of the solicitors, that “Mr. Hungerford received
the income arising from the testator’s property up to the time

SMITHSONIAN BEQUEST. 35

of his death.” They replied that this was nevertheless cor-
rect; he did receive all that had accrued up to that time; but
there was a dividend in progress which, as it had not actu-
ally arisen, and could not have been claimed by Hungerford
in his lifetime, his representative has no claim to it after
his death. Such was their explanation.

It is not for me to say how far this lends any equity to
any fraction of Monsieur la Batut’s claims or requisitions.
It is a familiar maxim, that those who ask equity should do
equity. The United States will succeed to all that the law
of England gives them, as the Lord Chancellor may ex-
pound and apply that law to their special predicament
under the will, having due reference, no doubt, to the rights
of all other parties before the court; and whatever may be
the amount adjudged in their favor, my uniform declaration
is that Congress alone would have the power to reduce it.
I add, as explicitly, that to no one can I give the remotest
encouragement or hope that it would be reduced, and, least
of all, to one so unreasonable, so exacting, and apparently
so bent upon thwarting the rights of the United States, as
Monsieur de la Batut.

I have the honor to remain, with great respect, your
obedient servant,

RicHarD Rusu.

The Hon. Joun Forsytu, Secretary of State.

ftichard Rush to Clarke, Fynmore g Fladgate.

Portitaxrp Hoten, Great Portianp StTREsEr,
July 21, 1837.
GENTLEMEN: Having at all times made known my wishes
for a speedy decision of the case you have in hand for the
United States, I need not here repeat them, but as the time
approaches when the court of chancery will adjourn over to
November, I must ask you to inform me what seem the
prospects.
Remaining your obedient servant,
RicHaRD Rusu.
To Messrs. CLARKE, Fynmorn & FLADGATE.

36 SMITHSONIAN BEQUEST.

Clarice, Fynmore § Fladgate to Richard Rush.

43 CRAVEN STREET, STRAND, July 22, 1837.

Dear Srr: In answer to your letter of yesterday, on the
subject of Mr. Smithson’s bequest to the United States, we
beg leave to inform you that we have used all the means in
our power to bring the matter to a close, but we are still
unable to state any definite period at which you might ex-
pect to receive the funds.

Our inquiries in Italy have, we trust, put us in possession
of such evidence as will fully establish the fact of Mr. Hun-
gerford’s death, without having been married; but, how-
ever important it may be to do this, still there is another
point to be settled before the funds will be available to the
United States. This point is the claim of Madame de la
Batut, under the will of Colonel Dickinson, (whose executor
Mr. Smithson was,) under which will she is entitled for her
life to half the colonel’s property.

The outline of this claim is, that Mr. Smithson possessed
himself of all Colonel Dickinson’s estate, and never ren-
dered to Madame de la Batut any account of it; and that,
not having done so, she has now a right to call upon Mr.
Smithson’s executor to do that which he in his lifetime
ought to have done. Mr. Drummond has no means of ren-
dering this account; but, until the claim is set at rest, the
court could not, of course, order the funds forming part of
Smithson’s estate to be paid over to the United States; as
for anything that appears to the contrary, the greater por-
tion of these funds might have arisen from the property of
Coloncl Dickinson. Our object now, therefore, is to induce
Madame de la Batut to come in and establish some claim in
the present suit, (the amount, however, of which we seek,
as much as possible, consistently with justice to reduce,) so
as to bind her by the present suit, and make it conclusive
upon the subject.

Her advisers have but little evidence to offer in support
of her case, and have, in consequence, very much delayed
the necessary proceedings. We pressed them as much as
possible, and, indeed, threatened to bar them, by getting
the master to report against them; but, in reply to this,
they intimated that, if we did so, they should give notice to
Mr. Drummond to hold the funds, and file a bill against
him, as executor of Smithson, for an account. As this

SMITHSONIAN BEQUEST. Se

would be attended with more delay and expense than it is
likely there will be in the present proceedings in the
master’s office, we are induced to afford every indulgence,
urging only all possible despatch, which, as, fortunately,
Madame de la Batut’s solicitors are persons of the highest
respectability, we are sure they will use.
We are your very obedient servants,
CLARKE, FYNMORE & FLADGATE.
To Ricuarp Rusu, Esq.

Richard Rush to John Forsyth,

Lonpon, July 28, 1837.

Sir: I received on the 26th instant, from our minister,
Mr. Stevenson, a petition addressed to the President by M.
de la Batut, now it seems in France, on the subject of his
claims, which had been sent to Mr. 8. by Mr. Anderson,
chargé d’affaires of the United States at Paris. The nature
of these claims is sufficiently stated in my letter of the 24th
of last month, and I need not therefore repeat that, accord-
ing to the view I take of them, they are altogether unrea-
sonable. In writing to Mr. Anderson upon the subject,
which I did yesterday, I informed him that Monsieur de la
Batut had been in London, urging them upon those who
are charged with conducting and superintending the case
of the United States before the court of chancery in the
matter of the Smithsonian bequest, and that our Govern-
ment had been apprized of them through my communica-
tions to you; that as they were adverse to the interests of
the United States, and had been pursued in an adverse man-
ner by M. de la Batut when here, it was not for me to aid
in transmitting his paper to the President; but that, as he
might wish to have it again, to make his own use of it, I
was at a loss how to dispose of it, otherwise than by return-
ing it to him, (Mr. Anderson,) which I therefore felt myself
obliged to do, with the explanation here given. Mr. Ander-
son was probably not before acquainted with any of the
circumstances I stated.

Ihave deemed it right to inform you of the step thus
taken in regard to this petition, and hope it will appear to
have been proper. I ought to mention, whilst on the sub-

38 SMITHSONIAN BEQUEST.

ject, that, on the first arrival of M. de la Batut in London,
I caused him to be informed that, although in no event was
I authorized to promise him anything from the United
States, yet if he promptly afforded the facilities to their suit
in chancery, which he justly might, by stating facts within
his immediate and full knowledge respecting young Hun-
gerford, he would naturally stand well with our Govern-
ment; and that, as far as the expression of any favorable
opinion of mine towards him was concerned, he would
necessarily earn it. Far from listening to what was so unob-
jectionable, he refused, as made known in one of the letters
enclosed with my last, to give any evidence whatever for
the United States, except on condition of a previous pledge
from me to support all his claims, not perceiving, though so
informed that such a pledge, had I even made it, could have
availed him nothing.

It may be proper to mention here, also, that it never was
my intention, and so I instructed our professional advisers,
to raise any captious objections to Monsieur la Batut’s claim
in right of his wife, so long as he kept it within the limit of
the bequest made to her by the will of Henry Louis Dick-
inson, as explained in my No. 6. The bequest may amount,
as I now understand the case, to two hundred and forty
pounds sterling a year, at the utmost, during the life of the
wife. All I demanded was, that this claim should be sub-
stantiated by fair proof, and be adjudged by the court, as I
had no authority to give an independent assent to anything
that might diminish the fund bequeathed to the United
States by Mr. Smithson,

But to suggestions like these he was alike insensible, pre-
ferring to take the course and put forward the extravagant
claims I have described. I have no fears that the court
will allow them; but there is ground for apprehending that
he may be able to cause future, as he has past, delays.
There is no hope of bringing the case to a conclusion
during the present term of the court. It ends next month,
and the next term does not commence until November.
The master in chancery has not yet made his reports on any
of the references made to him by the court, as explained in
my No. 9, although I have urged them on by all the means
I could use, and will not fail to continue my efforts whilst
the present term lasts. Had it not been for the obstructions
created by Monsieur de la Batut, this part of the case would
have been expedited, and a door the sooner opened by

SMITHSONIAN BEQUEST. 39

which the United States might have got possession of the
fund.
I have the honor to remain, with great respect, your
obedient servant,
Ricwarp Rusa.

Hon. Joun Forsytu, Secretary of Siate.

Richard Rush to John Forsyth.

Lonvon, August 1, 1837.

Srr: I transmit, herewith, a copy of my account for the
year ending yesterday. I also send a list of my drafts upon
the bankers of the United States within the same period,
as authorized by your letter to the late N. M. de Rothschild
of July the 11th, 1836.

The only bill I have yet paid, because the only one I have
been able to get in, for legal expenses actually incurred, was
one of two hundred pounds four shillings, on the 8th of
April, as shown by my draft upon the bankers of that date.
For this a voucher is enclosed, with a full statement of the
account. More expense, considerably, has been incurred
under this head, but no second account has hitherto been
rendered to me, although I have asked for and been desir-
ous of. obtaining it, the solicitors saying that the items
going to make it up are, many of them, still dependent
upon services outstanding and incomplete. The heaviest
legal expenses will, [ apprehend, come in at the final close
of the suit. When this will be I dare not promise, since
none of our professional advisers will undertake to inform
me precisely, although none, I believe, can exceed them in
diligence and fidelity, and although they are urged by my
reiterated instructions to use all the expedition practicable.
The necessity of a reform in the court of chancery was the
subject of a special recommendation from the Throne to
Parliament, at the session before the last. Its business is
very much in arrears. Mr. Pemberton, the leading counsel
of the United States, who is also a member of the House of
Commons, stated in his place in that body, in February last,
that the arrears amounted to between three and four hun-
dred cases two years before, but that they had grown to up-
wards of eight hundred at the time he was speaking. The
cases, in a large proportion, are also of great magnitude.

40 SMITHSONIAN BEQUEST.

The Attorney General on the same occasion remarked, that
whilst throughout a long course of time the population of
England had been i increasing six-fold, and her wealth twenty-
fold, the judicial establishments had remained nearly the
same, so as to amount almost to a denial of justice. There
are only eleven masters in chancery, whilst there are those
who tiink that double the number would scarcely be sufti-
cient for the wants of the court in all the different depart-
ments of its business at the present epoch. In the midst of
such discouragements, and I am bound to state them as truly

such, I still do not despair of having the case of the United |

States brou ght to a final and successful close in the course
of the ensuing winter or spring; it shall be sooner, if pos-
sible, as all obstructions that might once have been thought
to imply serious difficulty or danger are, I think, overcome.
Nevertheless, no assuranee can be given that it will be fin-
ished as soon as the latest period mentioned. Should it
last even through the winter, and my last letter will have
informed you that the next term of the court (the present
drawing to a close) will not be held until November, there
is reason to believe that the fund created by the act of Con-
gress of the Ist of July, 1836, will, through the accruing
legal charges and drafts, to w hich the fund is otherwise
liable under your instructions, be exhausted.

In regard to the first legal account, now enclosed, I can
only say that I believe it to be reasonable, judged by the
standard of similar charges in this country. I felt myself
to be an incompetent judge of all the minute items, filling
fourteen pages, folio, of an account founded upon the mul.
tifarious and artificial proceedings in an English court of
chancery; but I went over the whole, judging as well as I
could of each, and obtained explanations from the solicitors
where I found them necessary. I also sought other aid; I
resorted to a citizen of the United States now here, intelli-
gent and trustworthy, and conversant with such accounts,
from having superintended several suits in which American
interests were at stake in English courts. is opinion was
decidedly favorable to the justiee and even general modera-
tion of the items, tried by the precedents of which he had
knowledge. These precautions, added to the fair character
of the solicitors, and their verification, severally, by my re-
quest, of the whole account, in the special manner that will
be noticed at the foot of it, afforded the only guarantees I
could command for its correctness,

SMITHSONIAN BEQUEST. 41

I have the honor to remain, with great respect, your
obedient servant,
RicHarD Rusux.

Hon. Joun Forsytu, Secretary of State.

Clarke, Fynmore § Fladgate to Richard Rush.

43 CRAVEN STREET, August 18, 1837.

Dear Str: The court having now risen for the long
vacation, we deem it our duty to report to you briefly the
state of the cause to which the President of the United
States and Mr. Drummond are parties, instituted for the
purpose of enabling the President to receive the legacy
given by the will of Mr. Smithson.

Pursuant to your constant instructions to bring the
matter to a termination with all practicable despatch, we
have been actively occupied in satisfying the inquiries di-
rected to be made by the decree of the Ist of February
last; and, although the master’s report touching these in-
quires is not yet made, we have been so far successful as to
induce us to hope that we should satisfy him upon all
points, and obtain early in the next term, such a report as
will ensure the speedy receipt by you, on behalf of the
President, of the funds in question.

You will remember that these inquiries were three-fold.
1. As to Fitall, the annuitant under the will of Smithson.
2. As to Hungerford’s death, unmarried and without issue.
3. As to the alleged claim of Madame de la Batut.

On the first point we have no difficulty, having cbtained
a certificate of the death of Fitall, whose annuity was paid
up to the time of his death, except only the last quarter,
which his widow will now receive.

2. As to Hungerford’s death without issue, we have
obtained a certificate of the death of one Henri de la Batut,
under which name we found that he had died; and we
have also obtained a certificate, identifying de la Batut with
Henry James Hungerford. We have, as directed by the
decree, advertised in the newspapers here, in France, and
in Italy, touching any wife and children; and these adver-
tisements have produced no claimants. We have obtained
from France other confirmatory evidence on these points;
amongst the rest, Monsieur de la Batut’s statement, (which

42 SMITHSONIAN BEQUEST.

however, you will remember he refused to confirm on
oath;) and we have little doubt, as above observed, that the
evidence obtained will be such as to satisfy the master upon
the subject.

These inquiries have of course consumed much time, but
we should have had the report before this, had it not been
for the remaining point, the claim of Madame de la Batut.
As stated in our letter addressed to you on the 22d of July,
it is most important that the claim should be disposed of in
the present suit; and we are happy to say that the claim
has now been formally made, and, we trust, in such a shape
as will, if it be sustained by the court at all, bar any
ulterior proceedings. The evidence in support of it is not
strong, and, for the purpose of strengthening it, interroga-
tories for the examination of Mr. Drummond have been
brought into the master’s office; which, however, will not
have the desired effect. These interrogatories were exhib-
ited by Madame de la Batut, after much pressing on our
parts, and we are now employed in answering them. Hav-
ing done that, we shall proceed to get the claim settled, if
possible, by the allewance of some small sum, and every
difficulty will then be at an end.

You may rely on our utmost exertions in bringing the
matter to a close; and we are,

Your very obedient servants,
CLARKE, FynmorE & FLADGATE,

To Ricwarp Rusu, Esq.

Richard Rush to John Forsyth.

Lonvon, August 19, 1837.

Sir: Desiring, before the court of chancery rose, some
opinion in writing from the solicitors as to the prospects of
a decision of the case, I addressed a few lines to them on
the 21st of last month, as by enclosure No. 1, and received
an answer the day following, a copy of which (No. 2) is
also enclosed. I did not send it to you at that time, or with
either of my letters written since, because, although I went
to them in person several times, in the hope of verbal ex-
planations that might render it more definite, I found that
there was no probability of obtaining any to that effect
until after the court had actually risen, at which time I re-

6 SSeS

SMITHSONIAN BEQUEST. 43

quested they would furnish me with a further communica-
tion. The court rose a few days ago, and I yesterday re-
ceived from them the report, a copy of which (No. 3) is now
z2lso transmitted, as the suitable accompaniment to their
letter of the 22d of July.

I am happy to find it more satisfactory than that letter ;
the letter left it doubtful when the obstructing claim of
Madame de la Batut, an outline of which is given in their
letter, would be put into a proper shape for examination
and settlement. Nor could I urge any longer the expedi-
ency of a report by the master, during the existence of the
term, under reiterated assurances from our solicitors of
what is stated in their letter, viz: that to do so might have
led to a course, on the part of the solicitors of Madame de
la Batut, productive of more delay and expense than are
likely to flow from the master’s report being withheld
until the next term.

The solicitors’ report to me, dated yesterday, besides im-
bodying a succinct statement of the steps taken in the
cause since the decree in February, shows that the la Batut
claim is at length placed upon a footing to be met and de-
cided upon by the court, which it has been my constant
aim to see effected; and although they write with caution
as to any precise time when a final and favorable decision
of the cause on all its points may be expected, their report
is encouraging. I can only add, that nothing shall be
omitted by me when the court recommences, or during the
vacation, towards securing as prompt an issue to the whole
proceedings as may be found practicable.

I have the honor to remain, with great respect, your
obedient servant,

Ricwarp Rusa.

The Hon. Joun Forsytu, Secretary of State.

Richard Rush to John Forsyth.

Lonpon, October 18, 1837.

Sir: Since transmitting the duplicate of my No. 15,
nothing material has occurred for your information. The
long autumnal vacation has been going on, and is not yet
expired. The business of the court of chancery has there-

44 SMITHSONIAN BEQUEST.

fore been at a pause, and no further proceedings have been
had in the suit of the United States.

But I have from time to time called upon the solicitors,
and am able to report that they have not been idle during
this interval. They have been employed in preparing an-
swers to certain interrogatories exhibited on the part of
Madame la Batut, with a view to establish her claim; and
the strict and careful inquires they have instituted, and
will continue to pursue, assure me, although no facts are
yet ripe for communication, that the interest of the United
States will be well guarded in relation to it. The court
will sit again next month, when the steps which the solic-
itors have been taking, in anticipation of its recommence-
ment, will in due time, I trust, be productive of the proper
results. The claim in question has been so vexatiously
urged, that my directions have been given for the closest
scrutiny into its merits at all points.

I have the honor to remain, with great respect, your
obedient servant,

Ricuarp Rusu.

The Hon. Joun Forsyru, Secretary of State.

Richard Rush to John Forsyth.

Lonpon, October 27, 1887.

Sir: The court of chancery will resume its sittings next
week, and I have this week been in conference with our
solicitors, urging them to act expeditiously. Evidence
obtained on the la Batut claim, and on other points, now
only waits a few forms to go before the master, from whose
office a report may be anticipated, as | am confidently told,
at a day not distant after the meeting of the court. I trust
that this will be the case, and that the report may be satis-
factory.

At our conferences, the point of a new powef to me from
the President, similar to my former one, has been touched
upon. !t is not considered certain that one will be required ;
but is deemed to be safest, I find, that I should be armed
with one, as the court might possibly ask for it, in the
event of a favorable decree, prior to the final order for de-
livering the fund to the United States, even should the
defendant’s counsel or the Attorney General not raise the

SMITHSONIAN BEQUEST. 45

objection. I will therefore ask the favor of such a power;
and as [am at present sanguine in the expectation of a
favorable as well as early decision, should nothing unforeseen
arise, its transmission as soon as convenient after this re-
quest gets to hand might prove desirable.

I have the honor to remain, with great respect, your
obedient servant.

RicuarpD Rusu.
The Hon. Joun Forsy@n, Secretary of State.

John Forsyth to Richard Rush.

DEPARTMENT OF State, November 13, 1837.

Sir: The account heretofore rendered by Mr. Brent, our
consul at Paris, for moneys expended by him in precaution-
ary measures to obtain for the United States certain prop-
erty supposed to belong to the estate of the late Mr. Smith-
son, of London, and which formed the subject of a letter of
instructions to you, dated the 17th of November last, has
been again presented to this Department for consideration.
After a proper examination, the President deems it just
that the charge for the professional services of Messrs. Cas-
taignet and Delagrange should be allowed and paid. You
are accordingly authorized and requested to discharge Mr.
Brent’s bill amounting to 272.25 francs, without unnecessary
delay. In the final settlement of your account, this item
may be debited to the Smithsonian legacy, if recovered, and
if not, to the appropriation for prosecuting the claim of the
United States to the said legacy.

Tam, sir, your obedient servant,
Joun Forsytu.
Ricuarp Rusu, Esq., &e.

Richard Rush to John Forsyth.

Lonpon, December 16, 1837.

Sir: The court of chancery met on the 2d of last month,
and continues in full session. It was the commencement
of the Michaelmas term.

. If I have not written to you since the sittings of the

46° SMITHSONIAN BEQUEST.

court were resumed, it is because I have had, heretofore, no
special matter to communicate, although doing all in my
power to accelerate the progress of the suit committed to
my superintendence, and endeavoring especially to hasten
the report of the master on all the matters referred to him
by the court’s decree of the Ist of February. I mentioned
in one of my letters that there were upwards of eight hun-
dred suits in arrear in this court, some of which it might
have been added involve in their issue sums exceeding in
amount the sum claimed by the United States. Irom this
cause, which natarally overburdens with business the offices
of the masters, it has in part arisen that the master’s report
in the suit of the United States has not hitherto been made.

But at length, this week, it was in readiness to go in, and
would have embraced among other things a favorable report
on the claim of Madame la Batut, to the amount of about
one hundred and fifty pounds a year, to be paid to her out
of the Smithsonian fund during her life. It will be seen
how large a reduction has thus been effected of the demands
put forth on her behalf, as my past letters have made them
all known to you. Our solicitors have rather a confident
opinion that there is a prospect of disproving this demand
by further evidence yet attainable in France, and I have
consequently directed them to take the proper steps for pro-
curing it with all despatch. It is not believed that more
than a month will be required for procuring it, and the
master’s report will be withheld in the mean time. When
it arrives, it will be my province to look well to its nature
and probable effect, that on the one hand nothing may be
lost to which the United States may seem justly entitled,
and on the other that the great result of the suit be not put
in jeopardy, or injurious delays risked, by doubtful contests
for fractional sums.

I have the honor to remain, with great respect, your obe-
dient servant,

RiIcHARD Rusu.
The Hon. Joun Forsytu, Secretary of State.

Richard Rush to John Forsyth.

Lonpon, December 21, 1887.

wir: I had the honor to receive on the 18th inst. your in-
structions of the 13th of November, authorizing and re-

ee

SMITHSONIAN BEQUEST. 47

questing me to pay an account amounting to frs. 272,%5,,
forwarded to the Department by Mr. Brent, our consul at
Paris, the subject-matter of which was formerly made
known to me in your letter of the 17th of November, 1836,
to which I replied in my No. 6, on the 9th of January fol-
lowing; and I beg leave to say, that on the 19th instant I
accordingly remitted to Mr. Brent the above sum, to be
debited, as your letter indicates, to the Smithsonian legacy,
if recovered, * * * and if not, to the appropriation
for prosecuting the claim of the United States to the said
legacy.

I have the honor to remain, with great respect, your
obedient servant, !

RicuarpD Rusu.

The Hon. Joun Forsytu, Secretary of State.

John Forsyth to Richard Rush.

DEPARTMENT OF StaTE, December 27, 1837.
Sir: Your despatches to No. 17, inclusive, have been re-
ceived. In compliance with the request contained in your
letter of the 27th of October last, and subsequently urged
in your private letter of the 3ist of the same month, I
transmit to you, enclosed, a new power from the President
to provide for the contingency, which you think probabie,
of such instrument being demanded either by the court, the

Attorney General, or the defendant’s counsel.
I am, sir, your obedient servant,
JoHN Forsytu.

RicwarpD Rusu, Esq., &e.

Richard Rush to John Forsyth.

Lonpon, January 30, 1838.

Sir: I had yesterday the honor to receive your letter of
the 27th December, enclosing the President’s renewal of
my power to prosecute the Smithsonian claim, and receive
the money for the United States whenever the same may be
adjudged. It remains uncertain, as intimated in my com-
munication of the 27th of October, whether the exhibition of
the new power will be eventually demanded; but even if

45 SMITHSONIAN BEQUEST.

not, I trust the President will think it has been erring on
the safe side, after what passed, to have it in my possession.

After my letter of the 16th of December, I had fully
hoped that the evidence of which it makes mention would
have been obtained from France before this time; but it
seems that the French attorneys, who were written to upon
the subject by our solicitors, mistook some of their instruc-
tions at first, which led to delay. They are now in expec-
tation of receiving it daily.

I have the honor to remain, with great respect, your obe-
dient servant,

Ricuarp Rusu.
The Hon. Joun Forsytnu, Secretary of State.

Richard Rush to Clarke, Fynmore & Fladgate.

February 3, 1838.

GENTLEMEN: I understood, when with you on Wednes-
day, that the evidence obtained from France would not, in
your opinion, be found sufficient to prevent the master’s
report embracing an allowance in Madame de la Batut’s
favor of about one hundred and fifty pounds a year during
her life, with some arrearages calculated on that basis; and
the evidence, as you exhibited and otherwise made it known
to me, certainly led my mind to the same conclusion.

You added that, by sending out a commission from the
court of chancery to Paris, (a process not yet resorted to,)
you thought that evidence might still be obtained to defeat
her claim; on which subject 1 should be glad to receive an--
swers to the following inquiries, as far as in your power to
give them to me:

1st. What would be the probable expense of that process?

2d. How long before its full execution and return might
be expected ?

3d. Assuming that the evidence, when so obtained, struck
your minds, our counsel’s, and my own, as suflicient to de-
feat the claim; yet as it might not happen that the legal
advisers of Madame de la Batut would take the same view
of it, and thence contest its validity before the court, what
further delays might such a turn in the case be likely, under
all the circumstances, to lead to ?

As I have so repeatedly made known to you my desire

SMITHSONIAN BEQUEST. 49

for the speediest decision of the case that may be practica-
ble consistently with justice to the United States, I make no
apology for asking a reply to these inquiries at as early a
day as may be convenient.
I remain your obedient servant,
Ricnuarp Rusu.
To Messrs. CLARKE, FynmMonre & FLADGATE.

Clarke, Fynmore & Fladgate to Richard Rush.

43 CRAVEN-STREET, STRAND,
February 8, 1838.

Dear Sir: We have to acknowledge the receipt of your
favor of the 3d instant, containing certain queries touching
the measures which may be adopted in respect of the claim
of Madame de la Batut.

In reply, we beg to state that, so long as proceedings in
the English court of chancery are conducted as amicable
suits, when both parties unite in a wish to obtain the direc-
tion of the court, without unnecessary delay, it is a matter
of no great difficulty to calculate their probable duration;
but circumstances sometimes arise, even in such suits, that
prove the calculations fallacious. When once, however, a
suit ceases to be so conducted, and parties come in whose in-
ierest it is to throw impediments in the way ofa decision,
any calculation as to either delay or expense must be a mat-
ter of little better than guess. So many unforeseen points
may arise, and the practice of the courts affords such facil-
ities for a hostile party to obstruct the course of justice,
that the most experienced lawyers hesitate before they
attempt to give an opinion upon the subject. If in the
present case Madame de la Batut’s claim be further resisted,
the suit will become one to which these observations apply ;
or Madame de la Batut might perhaps abandon the claim
now brought in, and try to impede us by filing an original
bill for its establishment. We do not think this likely, but
it is not impossible.

IJaving said thus much, we will proceed to answer the
queries.

We think that within three months evidence might be
obtained of the facts necessary to defeat Madame de la

4

50 SMITHSONIAN BEQUEST.

Batut’s claim, and that such evidence might be procured
either by sending over a commission to Paris, for the exam-
ination of witnesses, or by bringing interrogatories into the
master’s office for the personal examination of Madame de
la Batut and her husband. We now know so much of the
case that Madame de Ja Batut would hardly venture to deny
any of the necessary facts; but this is not quite certain.

We think that the expense of a commission to examine
witnesses would not exceed £150. The expense cf inter-
rogatories for the examination of Madame de la Batut
would be trifling; probably thirty or forty pounds.

Assuming that the requisite evidence were obtained, we
are inclined to think that, notwithstanding Madame de la
Batut’s resistance, the suit might be wound up before the
rising of the court tor the long vacation; but, after the ob-
servations we have thought it our duty to make in the early
part of this letter, you will be able to judge how far this
opinion can be relied on.

You will bear in mind that the decision of the master is
not final. Exceptions may be taken to his report, and ar-
gued before the court ; and even an appeal may be brought
against the decision of the vice-chancellor, or master of the
rolls, and the cause might be taken to the House of Lords.
The delay under such circumstances would be very great.

We are your very faithful and obedient servants,

CriarkE, Fynmore & FLap@ate.

RicuarD Rusu, Esq.

Richard Rush to Clarke, Fynmore ¢ Fladgate.

February 9, 1888.

GENTLEMEN: Your communication of yesterday’s date
was received, and is satisfactory by its fullness and candor.

Under its representations, I determine not to seek further
evidence, by a commission to Paris or otherwise, for the
purpose of further reducing the claim of Madame de la
Batut.

Let the master’s report in this respect be, therefore, made
in the state I understood it to have been settled by him;
and, now that I take this determination, I trust that it will
be made at a very early day.

I need scarcely reiterate to you my most carnest wishes

SMITHSONIAN BEQUEST. 51

for a speedy decision of the case, or my instructions that
you will urge it on with all the expedition in your power.
In the hope that the decision will be in all things favor-
able, as well as speedy, I remain your faithful and obedient
servant,
Ricuarp Rusu.
To Messrs. CLARKE, FynMorE & FLADGATE.

Richard Rush to John Forsyth.

Lonpon, February 12, 1888.

Str: The day after my last number was sent off, L received
information from the solicitors that some of the evidence
expected from France had arrived, but that it was not of
validity to repel the claim of Madame de la Batut. From
as much, however, as it disclosed, they pronounced a strong
opinion that if a formal commission issued from the court,
evidence might finally be had that would defeat it.

On fully weighing what they said, I wrote them a note
on the 3d instant, requesting answers to the following
inquiries :

1. What would be the probable expense of a commission ?

2. How much time would be required for its execution
and return ?

3. Supposing the evidence obtained under it to be suffi-
cient in their opinion, our counsel’s, and my own, to deteat
the claim; yet, as the legal advisers of Madame de la Batut
might not take the same view of it, and thence contest it,
what further delays might such a turn in the case become
the means of producing? (I enclose a copy of my note.)

T received an answer from them dated the 8th, a copy of
which is also enclosed.

Referring specifically to my inquiries, it will be seen—

1. That they estimate the expense of a commission at one
hundred and fifty pounds.

2. That they think it might be executed and returned
within three months.

3. That, assuming the requisite evidence to be obtained,
they incline to think the suit might be wound up before the
rising of the court for the long vacation, (which means in
August next;) but after the introductory observations of
their note, which advert to the uncertainty of all previous

52 SMITHSONIAN BEQUEST.

calculations as to the duration of suits in chancery, they
leave me to judge how far this opinion of theirs is to be
relied upon; and they conclude with an intimation that the
case might, in the end, be taken before the House of Lords
on appeal; in which event the delay, they add, would be
“very great.”

I have determined, under these circumstances, not to
seek further evidence by a commission to France or other-
wise for defeating the claim, and accordingly wrote to
them, on the 9th instant, to proceed with all expedition in
bringing the suit to a close without it. A copy of this note
is also enclosed. As to bringing interrogatories into the
master’s office for the personal examination of Madame de
la Batut ‘and her husband, as adverted to in the answer
from the solicitors, | say nothing of the objections to that
mode of getting at more evidence, the solicitors themselves
forestalling me by an admission that they could not be cer-
tain of its success. °

I hope that the determination to which I have come will
be approved as judicious. This claim has been already, by
full scrutiny and resistance, greatly cut down from its origi-
nal injustice and extravagance, as a reference to my No. 12,
of the 24th of last June, will show. That it might be
wholly defeated by going on to pursue measures within our
power, I incline to believe. The solicitors tell me that
they think so decidedly, and their letter is to the same
effect. But it is now necessary to balance the advantage to
be gained by doing so against the time and money it would
cost. The report in favor of the claimant, as the master
has determined to make it in the state of the evidence as now
before him, will not, by the information I have received and
heretofore communicated, be likely to exceed one hundred
and fifty pounds a year, payable during her life; to which
will have to be added a few years of arrears, calculated on
the basis of whatever may be the precise amount of the annu-
ity allowed. The claimant, as far as I can learn, is about sixty
years old. Hence, supposing that measures necessary for
the total defeat of her claim occupied only another twelve-
month, it seems probable that the very cost of the agency
for going on with them, added to all unforeseen legal fees
and expenses, might prove more than the annuity is worth.
That the suit would be lengthened ott another twelvemonth
by going into the measures in question, can scarcely, I think
be deemed a strained inference, from all that the solicitors

SMITHSONIAN BEQUEST. 53

say in their letter, not to dwell upon contingencies coming
within its scope that might make the time longer. Shoulc
the suit reach the House of Lords, for example, by appeal,
it would not be easy to assign a limit to its duration.

I trust, therefore, it will be thought that I exercise a
proper discretion, as representing the interests of the United
States, in determining not to expose myself to any of these
hazards, and new ones that might even chance to spring
out of them as time was opened for their operation. It
seems to me, conclusively, that I should henceforth rather
strive to obtain a decision of their suit as speedily as possi-
ble, regardless of the small and temporary diminution of
the fund, should it be finally adjudged in their favor, which
the foregoing payments to Madame de la Batut would occa-
sion. Opposition has been effectively made to the claim
up to the point, it is believed, that duty enjoined and pru-
dence would sanction; to go farther seems not reconcilable
with the latter, under the certain and contingent delays and
dangers I set forth.

The occasion may be a fit one for remarking, that when
this claim first assumed a vexatious aspect last summer, my
immediate wish and suggestions were to get a decree in
favor of the United States for the general fund, leaving
such fractional portion of it sub judice as would have been
sufficient to satisfy the claim if established; thus cutting
short delay from this source, by which this agency might
have had the chance to be closed the sooner, and the bulk
of the fund secured to the United States at the earliest
possible day. The last I hold an object of pressing im-
portance, encompassed, as all law suits more or less are, (to
say nothing of the peculiar nature of this,) by hidden risks.
But it was part of the vexation of the claim that our legal
advisers found the course I desired to pursue impracticable,
for the reason mentioned in the letter of the solicitors of
the 22d of July, a copy of which was forwarded with my
No. 15 on the 19th of August.

Now that this obstruction is removed from my path by
the determination I have taken in regard to it, I indulge
the hope that no new one will be thrown across it; and can
only repeat the assurance, that nothing within my power
shall be left undone towards accelerating the suit, anxiously
desiring, on all public and personal accounts, (if I may
speak in the latter sense,) to see it terminated.

In the continued hope that the decision, when it comes,

54 SMITHSONIAN BEQUEST.

may be favorable, I have the honor to remain, with great
respect, your obedient servant,
Ricwarp Rusu.
The Hon. Joun Forsytu, Secretary of State.

S. Pleasanton to John Forsyth.

TREASURY DEPARTMENT,
Firrx Avpitor’s Orricr, March 14, 1838.

Siz: In reply to your letter of this morning, I have the
honor to inform you that the amount of the appropriation
made by the act of Congress of July 1, 1836, for the ex-
penses of prosecuting the claim of the United States to the
Smithsonian legacy, was remitted to their bankers in Lon-
don, on the 16th of the same month—$10,000.

Of which sum the said bankers have paid to the order of Rich-
ard Rush, the agent appointed under that act, from 1st August,
1836,:to:3lst December,-183 7 232 eS 53493

Applied as follows, viz:

Agent’s salary for one year, ending 31st July, 1837-_ $3,000 00

Personal and other expenses (excepting law expenses)
same period. - 2-2 ee ee ee Oe ee

Paid Clarke, Fynmore & Fladgate, solicitors, at Lon-
don, for various professional services in relation to
the legacy sao. 4 22! 0 ee eee 889 77

:

Credited to Mr. Rush on accounts rendered by him__ $5,889 77
At the above rates of salary and expenses, the agent

will be entitled to credit up to 3ist December, 1837,

exclusive of law expenses for one half year, ending

with thatidate.2. 3) 2 ee 500100

Leaving a balance, to be accounted for by him, of.-_--.-.---__ $103 34

The balance remaining unexpended by the bankers, of
the appropriation in question, on the 3ist of December last,
was, as will be perceived from the above statement,
$1,50 Too:

I have the honor to be, very respectfully, sir, your obedi-
ent servant,

S. PLEAsontTon.

Hon. Joun Forsyvra, Secretary of State.

SMITHSONIAN BEQUEST. a5

Richard Rush to John Forsyth.

Lonpon, March 28, 1838.

Srr: Since the date of my last letter, the report of the
master has been duly made, and yesterday it was confirmed.

This is a step forward in the case which I am at length
happy to announce. It is second in importance only to the
decree of the court on the whole merits, and has laid the
best foundation for speedily obtaining that decree.

The precise sum that the report allows to Madame de la
Batut is one hundred and fifty pounds and nine shillings, to
be paid to her annually during her life, with a payment of
arrears, to be calculated on this basis, from some period in
1834 ; the exact date of which I have not at this moment,
put will mention when I next write.

The court takes a recess next week for the Easter holi-
days; these will last until the 17th or 20th of April. The
case will be set down for another hearing before the court
at as early a day as [ can command after it re-assembles.
A decree, I am informed, will be pronounced after this
hearing on all the facts as settled by the master—a favorable
one, as I hope, for the United States.

By the determination I took respecting the claim of Ma-
dame de la Batut, as announced in my last, her professional
advisers, knowing that she can now get no more than the
report allows her, are interested in co-operating with me
towards a prompt decision, instead of resorting to adverse
proceedings to prolong or ‘thwart it—a course which they
have been more or less pursuing hitherto.

On better grounds than ever I think I may, therefore,
flatter myself “that the case approaches its conclusion ; and
I will only add that its remaining stages shall be watched
by me with a care proportioned to the auspicious results
that I believe to be near at hand.

I have the honor to remain, with great respect, your obe-
dient servant, Ricuarp Rusu.

Hon. Joun Forsytu, Secretary of State.

Richard Rush to John Forsyth.

Lonpon, April 24, 1838.
Sir: The court re-assembled last week, since which I
have been doing all that is practicable, by personal calls

56 SMITHSONIAN BEQUEST.

upon the solicitors and otherwise, to urge on the case: and
shall continue this course.

Judging by all they say to me, and my own knowledge
of the present situation of the case, I have a confident and,
I trust, well-founded belief that May will not elapse with-
out its being brought to a hearing.

Referring to my No. 22, I now beg leave to state that the
22d of September, 1834, is the date from which the annuity
allowed by the master’s report to Madame de la Batut was
to commence; and that the arrears to be paid to her, in the
event of a decision in favor of the United States, were to be
computed from that time to the 22d of March last. This
makes three years and six months, so that the sum due on
an annuity of £150 9s. would be £526 11s. 6d.

I have the honor to be, with great respect, your obedient
servant,

RicuarpD Rusu.

Hon. Joun Forsytu, Secretary of State.

Richard Rush to John Forsyth.

Lonpon, May 3, 1888.

Sir: Lam glad to say that the confidence expressed in
my last that a hearing of the case was near at hand has been
justified, even sooner than I expected, for it was heard on
the 1st of this month, and [am now to have the honor of
reporting to you the nature of the hearing.

Mr. Pemberton, our leading counsel, rose, and after re-
capitulating the general nature of the case, as formerly
heard by the court, proceeded to state that the reference to
the master as ordered by the decree in February, 1857, had
duly taken place, and that all the requisite evidence had
been obtained in England and from Italy and France, as to
the facts on the happening of which the United States were
to become entitled to the fund bequeathed by Mr. Smithson
for the purpose mentioned in his will.. These facts I need
not here repeat, being already set forth specially in my No.
9, of the 25th of March, 1837.

Overlooking a volume of matter merely technical in the
evidence and report, or now become immaterial to the main
points, it will be sufficient to say that it was satisfactorily
established by the former that Henry James Hungerford,

eS Se ee ee

SMITHSONIAN BEQUEST. 57

named in the pleadings, was dead; that he died at Pisa, in
the summer of 1835; that he was not married at the time
of his death, nor at any time; and that he died childless.
It was not found how old he was at the time of his death ;
nor is that material to any of the issues. As to John Fitall,
it was found that he died in London, in June, 1834; and as
to Madame de la Batut, the mother of Henry James Hun-
gerford, the master, on the evidence before him, found her
to have a claim on the estate of Mr. Smithson to the
amount of one hundred and fifty pounds and nine shillings
a year, payable as long as she lives, and for the arrears of
this annual allowance from the 22d of September, 1834, to
the 23d of last March.

The establishment of all the foregoing facts will be found
to meet the essential inquiries to which the master’s atten-
tion was directed by the court’s first decree, as reported in
my No. 9. Mr. Smithson’s will having provided, among
other things, that on the death of his nephew, Henry James
Hungerford, “ without leaving child or children,” the whole
of his property should go to the United States; and this
primary fact being now incontestably established in due and
legal form under the authority of the court, and all other
proof required by the pleadings obtained, Mr. Pemberton
asked for a deeree declaring the United States entitled to
the property. The representative of the attorney general,
who was present in court, said that he believed everything
had been established, as stated, and that the rules relating
to public charities, as applicable to this case, calling for no
objection on the part of the Crown, none would be inter-
posed—a course that falls in with what was said by the same
officer on the occasion of the first decree, as reported in my
No» 7:

The counsel of the defendants, Messieurs Drummond,
agreed also to what was stated, and had nothing to allege
in opposition to the claim of the United States.

The counsel of Madame de la Batut were also content ;
the course I took, as made known in my No. 21, having put
an end to opposition from that quarter.

All essential facts being at length fully and formally es-
tablished, and opposition from all quarters quieted by,the
measures I have directed, there seemed no reason why a
decree in favor of the United States should not at once be
pronounced; but Mr. Pemberton having stated that, in the
end, a petition would have to be presented for a transfer of

58 SMITHSONIAN BEQUEST.

the fund to me, as representing the United States, the mas-
ter of the rolls said that he would pause upon his final
decision until that petition was presented. .

It is thus that the case now stands. It will come on
again one day next week, and [ have every ground for be-
lieving that my next communication will inform you of a
decree having passed declaring the United States entitled
to the fund.

Should the forms of chancery require any authentication
of my power to receive the fund that Mr. Stevenson can
give, he will be ready, at any moment, to give it, as he has
assured me; and should his important aid be otherwise
needed in anyway before the suit is closed, I shall not scru-
ple to call upon him, knowing how zealously he would
afford it.

I have the honor to remain, with great respect, your obe-
dient servant,

Ricwarp Rusu.

The Hon. Joun Forsytu, Secretary of State.

Richard Rush to John Forsyth.

Lonpon, May 12, 1838.

Sir: [ have great satisfaction in announcing to you, for
the President’s information, that the case came on to be
heard again on the 9th instant, when a decree was solemnly
pronounced, adjudging the Smithsonian bequest to the
United States.

Both my powers had been previously lodged with the
court—not one only, as stated in newspaper reports of the
case ; and no question was raised as to my full authority to
receive the money on behalf of the United States, without
calling for any further authentication of my powers.

The suit is therefore ended without fear of more delays ;
nothing but a few forms remaining to put me in actual pos-
session of the fund. These, I have the hope, may be com-
pleted within the present month.

The fund is invested in the stocks of this country, of
which I shall, in due time, have an exact account. The
largest portion is in the three per cent. annuities. The
entire aggregate amounts to fully one hundred thousand
pounds; and this, according to my present information,
exclusive of about five thousand pounds to be reserved by

SMITHSONIAN BEQUEST. 59

the court to meet the annual charge in favor of Madame la
Batut during her life; the sum producing it to revert to the
United States when she dies.

As soon as the decree is formally made up, the account-
ant general of the court will transfer all the stock to me,
under its sanction, except the small sum to be reserved as
above.

Having no special instructions as to what I am to do with
it, my present intention is to sell the whole, at the best time
and for the best prices to be commanded, and bring it over
in gold for delivery to the Treasurer of the United States,
in fulfilment of the trust with which I am charged. But I
will reflect further upon the mode of bringing it home,
and adopt that which, under all circumstances, may seem
best.

The result I announce will, I trust, justify, in the Presi-
dent’s eyes, the determination I took to let the allowance
made to Madame la Batut by the master’s report stand
without attempting to overset it, whatever might have been
the prospect or assurance of ultimate success. The longer
the suit lasted, the greater were the risks to which it was
exposed. <A large sum of money, the whole mentioned
above, was to go out of the kingdom, unless an heir could
be found to a wandering young Englishman, who had died
in Italy at eight or nine and twenty,* and whose mother,
never lawfully married, still lives in France. Here was
basis enough for the artful and dishonest to fabricate stories
of heirship, on allegations of this young Englishman hav-
ing been married. That fact assumed, the main stumbling-
block to their devices would have disappeared. Fabrica-
tions to this effect might have been made to wear the
semblance of truth by offers in the market of perjury of
Italy, France, and HEngland—incidents like these being
familiar to history, whether we take public annals, or those
of families; and although the combinations, however craft-
ily set on foot, might have been defeated in the end, it is
easy to perceive that time and expense would have been
required to defeat them. The possibility of their being
formed (never to be regarded as very remote while the suit
remained open) made it my first anxiety, as it was always
my first duty, to have it decided as soon as possible, and to

* Believed to be the age of Henry James Hungerford, though not found
in the master’s report.

60 SMITHSONIAN BEQUEST.

take care even that it moved on during its pendency with
no more of publicity to its peculiar circumstances than
could be avoided. J trust that both these feelings have
been discernible in the general current of my letters to
you, reporting all the steps I have taken in it from my first
arrival.

Need I add, as a further incentive to despatch, had further
been wanting, that events bearing unfavorably upon the
public affairs of this country, above all upon the harmony
or stability of its foreign relations, would not have failed to
operate inauspiciously upon the suit, if in nothing else, by
causing stocks to fall. They did begin to fall on the first
news of the rebellion in Canada, not recovering until the
accounts of its suppression arrived. The case is now be-
yond the reach of accident, whether from political causes,
or others inherent in its nature; and that its final decision
thus early has been brought about by the course adopted
in February, I am no longer permitted to doubt. Karly
may at first seem a word little applicable, after one entire
year and the best part of a second have been devoted to
getting the decision; but when the proverbial delays of
chancery are considered, (and they could hardly have be-
come a proverb without some foundation,) it may not,
perhaps, be thought wholly out of place. Although neither
the counsel] nor solicitors gave their previous advice to the
course, it being a point of conduct for my decision rather
than of law for theirs, it 1s yet satisfactory to be able to
state that they approved it afterwards. They regarded it
as best consulting the interests of the United States, on every
broad view of a case where a great moral object, higher
than the pecuniary one, was at stake, enhancing the motives
for rescuing it, at the earliest fit moment, from all the un-
avoidable risks and uncertainties of the future. A fortnight
has not elapsed since it was said in the House of Commons
by an able member that “a chancery suit was a thing that
might begin with a man’s life and its termination be his
epitaph.”

On the whole, I ask leave to congratulate the President
and yourself on the result. A suit of higher interest and
dignity has rarely, perhaps, been before the tribunals of a
nation. If the trust created by the testator’s will be suc-
cessfully carried into effect by the enlightened legislation of
Congress, benefits may flow to the United States and to the
human family not easy to be estimated, because operating

SMITHSONIAN BEQUEST. 61

silently and gradually throughout time, yet operating not
the less effectually. Not to speak of the inappreciable
value of letters to individual and social man, the monu-
ments which they raise to a nation’s glory often last when
others perish, and seem especially appropriate to the glory
of a republic whose foundations are laid in the presumed
intelligence of its citizens, and can only be strengthened and
perpetuated as that improves. May [I also claim to share
in the pleasure that attends on relieved anxiety now that
the suit is ended?

I have made inquiries from time to time, in the hope of
finding out something of the man, personally a stranger to
our people, who has sought to benefit distant ages by found-
ing, in the capital of the American Union, an institution
{to describe it in his own simple and comprehensive lan-
guage) FOR THE INCREASE AND DIFFUSION OF KNOWLEDGE
AMONG MEN. I have not heard a great deal. What [ have
heard and may confide in amounts to this: That he was, in
fact, the natural son of the Duke of Northumberland; that
his mother was a Mrs. Macie, of an ancient family in Wilt-
shire of the name of Hungerford; that he was educated at
Oxford, where he took an honorary degree in 1786; that
he went under the name of James Lewis Macie until a few
years after he had left the university, when he took that of
Smithson, ever after signing only James Smithson, as in his
will; that he does not appear to have had any fixed home,
living in lodgings when in London, and occasionally staying
a year or two at a time in cities on the continent, as Paris,
Berlin, Florence, Genoa, at which last he died; and that
the ample provision made for him by the Duke of North-
umberland, with retired and simple habits, enabled him to
accumulate the fortune which now passes to the United
States. I have inquired if his political opinions or bias
were supposed to be of a nature that led him to select the
United States as the great trustee of his enlarged and phil-
anthropie views. The reply has been, that his opinions, as
far as known or inferred, were thought to favor monarch-
ical rather than popular institutions ; but that he interested
himself little in questions of government, being devoted to
science, and chiefly chemistry; that this had introduced
him tothe society of Cavendish, Wollaston, and others
advantageously known to the Royal Society in London, of
which body he was a.member, and to the archives of which
he made contributions; and that he also became acquainted,

62 SMITHSONIAN BEQUEST.

through his visits to the continent, with eminent chemists
in France, Italy,.and Germany. Finally, that he was a
gentleman of feeble health, but always of courteous though
reserved manners and conversation.

Such I learn to have been some of the characteristics of
the man whom generations to come may see cause to bless,
and whose will may enrol his name with the benefactors of
mankind.

I have the honor to remain, with great respect, your obe-
dient servant,

Ricuarp Rusu.

The Hon. Joun Forsytu, Secretary of State.

<OONe

IN CHANCERY, MAY 12, 1838.

Order on further direc-

US. :
170s.

PRESIDENT OF THE UNITED STATES,
DRUMMOND.

AT THE ROLLS, —— ——, Master of the Roils—£3 10s.—76.

Between the President of the )
United States of America,

plaintiff,
and °
Charles Drummond and na |

Saturday, the 12th day of
May, in the jirst year of the
reign of her Majesty Queen
Victoria, 1838.

Majesty’s Attorney General,
defendants.

This cause coming on the Ist day of February, 1837, to
be heard and debated before the right honorable the master
of the rolls, in the presence of counsel learned on both
sides, his lordship did order that the plaintiff’s bill should
be amended, by stating the act of Congress passed in the
year 1836; and the said bill being amended in court accord-
ingly, upon hearing the same act of Congress, and also the
power of attorney granted to Richard Rush, Esq., men-
tioned in the said bill as amended, read, his lordship did
order that it should be referred to the master to whom the
cause of Hungerford vs. Drummond stood transferred, to
carry on the account directed by the decree of the 15th day

SMITHSONIAN BEQUEST. 63

of December, 1829; and it was ordered that the said
master should inquire whether John Fitall, in the pleadings
of this cause named, was living or dead; and if the said
master should find that the said John Fitall was dead, then
it was ordered that he should inquire and state when he
died. And it was ordered that the said master should
inquire whether Henry James Hungerford, in the pleadings
also named, was living or dead; and if the said master
should find that the said Henry James Hungerford was
dead, then it was ordered that he should inquire and state
when he died, and whether he was married or unmarried at
the time of his decease; and if married, whether he left
any, and what, children or child him surviving; and the
said master was to inquire and state the ages of such chil-
dren, respectively, if more than one. And it was ordered
that the said master should inquire and state to the court
whether Madame de la Batut had any claim on the said
testator Smithson’s estate; and, for the better discovery of
the matters aforesaid, the usual directions were given, and
his lordship did reserve the consideration of all further
directions, and of the costs of this suit, until after the said
master should have made his report. That, in pursuance of
the said decree, the said master made his report, dated the
23d day of March, 1838, which stands absolutely confirmed
by an order dated the 27th day of March, 1838, and thereby
certified he found that the sum of £53 7s. 6d. was justly
due and owing to Messrs. Thomas Clarke & Co., the solici-
tors for the defendant Charles Drummond, from the estate
of the said testator; and he found that the said John Fitall
was dead, and that he died at Bush house, Wanstead, in
the county of Essex, on the 14th day of June, 1834; and
he found that the said Henry James Hungerford assumed
the name of De la Batut, and was known as Baron Kunice
de la Batut and died at the Royal hotel, called the Donzelle,
situate at Pisa, on or about the 5th day of June, 1835,
without ever having been married, and without leaving any
issue. And the said master certified that he was of opin-
ion and did find that the said Mary Ann de la Batut, in her
right, was entitled to a claim on the estate of the said tes-
tator, James Smithson, for an interest during the life of
the said Mary Ann de la Batut, in a moiety of the annual
income or sum of 7,673 livres de rentes, in the report men-
tioned, amounting in value to the annual sum of £150 9s.
sterling money of Great Britain and Ireland, calculated at

64 SMITHSONIAN BEQUEST.

the current rate of exchange in the city of London, on the
Sth day of March, 1438; and he found that the income
arising from the said French stock or fund, called livres de
rentes, was payable and paid half-yearly by the Trench
Government, on or about the 22d day of March and the
22d day of September in each year; and he also found that
there was due and owing to the said Mary Ann de la Batut,
(or the said Theodore de la Batut, in her right,) from the
estate of the said testator, James Smithson, the sum of
13,427 frances 75 centimes, for arrears of the said annuity,
from the 22d day of September, 1834, to the 22d day of
March, 1838, amounting in value to £526 11s. 6d., sterling ©
money of Great Britain and Ireland, calculated at the cur-
rent rate of exchange in the said city of London, as afore-
said; and he found that the annual income or annuity to
which the said Mary Ann de la Batut (or the said Theodore
de la Batut, in her right) was entitled for her life out of the
estate of the said testator, James Smithson, amounting to
£150 9s. sterling money of Great Britain and Ireland as
aforesaid. And whereas the above named plaintiff and
Richard Rush did, on the 8d day of May, 1838, prefer their
petition unto the right honorable the master of the rolls,
setting forth as therein set forth, and praying that the resi-
due of the several stocks, funds, and securities, and cash,
respectively, standing in the name of the accountant general
of this court, in trust in the cause of Hungerford vs. Drum-
mond, and in trust in this cause, which should remain after
providing for and satisfying the annual and other payments
directed by the will of the said testator, and the costs and
charges to which the estate of the said testator had been
rendered liable by virtue of the several proceedings and
measures aforesaid, or any of them, might be respectively
transferred, (the amount thereof to be verified by affidavit,)
in the books of the governor and company of the Bank of
England, and paid to the petitioner, Richard Rush; and
that the boxes and packages mentioned in the said master’s
report might be delivered into the custody of the petitioner,
Richard Rush. Whereupon all parties concerned were
ordered to attend his lordship on the matter of the said
petition, when this cause should come on to be heard for
further directions; and this cause coming on this present
day to be heard before the right honorable the master of
the rolls for further directions on the said master’s said
report, and as to the measure of costs reserved in the said

SMITHSONIAN BEQUEST. 65

decree, in the presence of counsel learned on both sides:
upon opening and debate of the measure, and hearing the
said decree, the said report, the said order dated the 27th
day of March, the said petition, and the accountant gen-
eral’s certificates read, and what was alleged by the coun-
sel on all sides, his lordship doth declare that the plaintiff
is entitled to the residue of the several stocks, and securi-
ties, and cash, respectively, standing in the name of the
accountant general of this court, in trust in this cause, and
also in trust in a certain other cause of Hungerford against
Drummond, in the master’s report mentioned, and the other
property of James Smithson, the testator, in the pleadings
in this cause named, after providing for the payment here-
inafter directed; and it is ordered that the sixty-two
thousand seven hundred and thirty-nine pounds nineteen
shillings aud two pence bank three pounds per cent. annui-
ties, twelve thousand pounds reduced annuities, and sixteen
thousand one hundred pounds bank stock, respectively,
standing in the name of the said accountant general, in
trust in the cause of Hungerford vs. Drummond, and the
sum of one thousand seven hundred and sixty-five pounds
two shillings cash in the bank, remaining on the credit of the
said cause, be respectively carried over in trust in and to
the credit of this cause; and the said accountant general is
to declare the trust of the said several sums of stock,
accordingly, subject to the further order of this court; and
out of the said sum of one thousand seven hundred and
seventy-five pounds two shillings cash, when so carried over,
and the sum of two hundred and four pounds six shillings
and eight pence cash in the bank, on the credit of this
cause, it is ordered that the sum of fifty-three pounds seven
shillings and six pence be paid to Mr. Thomas George Fyn-
more; and thereout, also, it is ordered that the sum of five
hundred and twenty-six pounds eleven shillings and six
pence be carried over, with the privity of the said account-
ant general, and placed to the credit of this cause, to an
account to be entitled “The account of the annuitant Mary
Ann de la Batut;” and thereout, also, it is ordered that
the sum of twenty-five pounds be paid to Mrs. Elizabeth
Fitall, (as executrix of John Fitall, deceased ;) and it is
ordered that it be referred to the master to whom this cause
stands referred, to tax all parties their costs of this suit,
and relating thereto, properly incurred; the costs of the
plaintiff, and of the defendant Charles Drummond, to be

0

66 SMITHSONIAN BEQUEST.

taxed as between solicitor and client; and it is ordered that
the amount of such costs, when taxed, be paid out of one
thousand three hundred and sixty-four pounds nine shill-
ings and eight pence cash, which will then be remaining on
the credit of this cause, after the several before mentioned
payments, in manner following, that is to say: the costs of
the said plaintiff to Mr. Thomas Clarke, his solicitor; and
the costs of the defendant Charles Drummond to Mr. Thom-
as George Fynmore, his solicitor; and the costs of her Maj-
esty’s attorney general, to Mr. George Maule, her solicitor.
It is ordered that five thousand and fifteen pounds bank
three pounds per cent. annuities, part of the six thousand
eight hundred and ten pounds nineteen shillings and seven
pence, like annuities, standing in the name of the said ac-
countant general, in trust in this cause, and any interest
which may accrue on the said sum of five thousand and
fifteen pounds bank three pounds per cent. annuities, pre-
vious to the carrying over hereby directed, be, in like man-
ner, carried over in trust, in this cause, to the separate ac-
count of Mary Ann de la Batut, entitled “‘The account of
the annuitant Mary Ann de la Batut,” and the said account-
ant general is to declare the trust thereof accordingly, sub-
ject to the further order of this court. And it is ordered
that the interest and dividends thereof, which shall accrue
during the life of the said Mary Ann de la Batut, be paid
to her during her life, or until the further order of this
court, for her separate use, and on her sole receipt, by equal
half-yearly payments, on the 22d day of September and the
22d day of March in every year; the first payment thereof
to be made on the 22d day of September next. And it is
ordered that the said sixty-two thousand seven hundred and
thirty-nine pounds nineteen shillings and two pence bank
three pounds per cent. annuities, twelve thousand pounds
reduced annuities, and sixteen thousand one hundred pounds
bank stock, when so respectively carried over, and one
thousand seven hundred and ninety-five pounds nineteen
shillings and seven pence three pounds per cent. annuities,
residue of the said six thousand eight hundred and ten
pounds nineteen shillings and seven pence, like annuities,
atter such carrying over of part thereof as aforesaid, and the
residue of the said sum of one thousand three hundred and
sixty-four pounds nine shillings and eight pence cash, after
the payments thereout hereinbefore directed, (the amount
of such residue to be verified by affidavit,) be transferred

SMITHSONIAN BEQUEST. 67

and paid to Mr. Richard Rush, in the plaintiff’s bill named.
And it is ordered that the boxes and packages in the mas-
ter’s report of the twenty-eighth day of June one thousand
eight hundred and thirty-one, in the said cause of Hunger-
ford vs. Drummond mentioned, be delivered into the cus-
tody of the said Richard Rush, as attorney or otherwise for
the plaintiff; and, for the purposes aforesaid, the said ac-
countant general is to draw on the bank, according to the
form prescribed by the act of Parliament, and the general
rules and orders of this court in that case made and pro-
vided; and any of the parties are to be at liberty to apply
to this court as they may be advised. He
Entered : HR:

Richard Rush to Clarke, Fynmore § Fladgate.

May 31, 1838.

GENTLEMEN: I need scarcely again make known to you
what I have so frequently urged in person since the decision
on the 9th instant, viz: my anxiety to have the necessary
document from the proper office of the court, by which the
Smithsonian fund adjudged to the United States may be placed
at my disposal. But, whatever the past obstacles which you
may not have been able to prevent, I must ask the favor
of your renewed and best exertions for causing me to be put
in possession of it at the earliest possible day; the more so,
as we are now at the end of the month, and my being in-
vested with the requisite authority is an indispensable pre-
liminary to arrangements for selling the stock advanta-
geously in June, prior to my embarkation with the fund for
the United States. Your past attention to the case is a
pledge to me that you will do all in your power to fulfil
my wishes; in which assurance I remain,

Your obedient servant,
Ricuarp Rusu.
To Ciarkn, Fynmore & FLADGATE.

Richard Rush to John Forsyth.

Lonvon, June 5, 1838.

Str: With all my exertions to have the forms necessary
for putting me in possession of the Smithsonian fund com-

68 SMITHSONIAN BEQUEST.

pleted in May, it will be seen, from the enclosed copy of a
letter to me trom the solicitors, 1n reply to one I wrote them
on the last of May, (a copy of which is also enclosed,) that
it is only to-day that all the forms have been finally and
fully completed.

After getting this information, I went immediately to the
proper department of the accountant general of the court of
chancery at the Bank of England, and find that there has
been transferred to me the following stock, viz:

1, Sixty-four thousand five hundred and thirty-five pounds
eighteen shillings and nine pence in the consolidated three
per cent. annuities, commonly called consols by abbrevia-
tion.

2. Twelve thousand pounds in reduced three per cent.
annuities.

3. Sixteen thousand one hundred pounds in bank stock.

The books at the bank show the above stock to have been
regularly transferred to me under the authority of the court
of chancery, by the accountant general, as the proper officer
of the court, in virtue of the decree reported in my last;
and I have accepted the same on the books, on behalf of
the United States, by signing my name to a form of accept-
ance drawn out under each transfer.

The above stock constitutes, with the exception of five
thousand and fifteen pounds, the whole property left by Mr.
Smithson to the United States, and now recovered for them,
with the further exception of some small sum in cash, to
which the solicitors refer as still to come from the account-
ant general, but of which I have as yet no statement.

The sum of five thousand and fifteen pounds in consols, it
has been decreed by the court is to be reserved and set
apart to answer the annuity payable to Madame la Batut ;
the principal to revert to the United States on the death of
the annuitant.

I have taken care to instruct the solicitors to see that
there is due proof at all times of the annuitant being in full
life as the half-yearly payments are made to her.

Although the aggregate of the stock transferred as
above is under one hundred thousand pounds in its nominal
amount, there is no doubt whatever but that the sale of it
will yield more than that sum.

The transfer by the accountant general was made to me
only to-day; and this is so far fortunate as that it could not
otherwise have been effected as to the principal part of the

SMITHSONIAN BEQUEST. 69

stock (viz: the three per cent. annuities) until the 17th of
July, the books closing after to-day for the transfer of this
species of stock until the date I mention.

The important operation of selling the stock now remains
to be conducted, and shall claim my careful attention. I
design to go into the city to-morrow, with a view to adopt-
ing the earliest measures for this purpose; taking advice,
in aid of my own judgment, for so managing the sales as
best to promote the interests of the United States.

I continue to think that the best mode of bringing home
the money will be in gold, in English sovereigns. Ex-
change is low, and so will insurance be at this season; and
on all accounts it seems to me the preferable mode in which
to realize the fund, and deliver it over to the Treasurer of
the United States on my arrival, in final discharge of the
trust confided to me.

I shall hope to make some report of my steps by the next
packet; and in the meantime have the honor to remain,
with great respect, your obedient servant,
RicHarD Rusu,
The Hon. Jonn Forsytu, Secretary of State.

Clarke, Fynmore § Hladgaie to Richard Rush.

43 CRAVEN STREET, StRAND, June 5, 1838.

Dear Sir: We beg to assure you, in answer to your favor
of the 31st of May, that our endeavors to get through the
forms necessary for winding up the suit, and putting you
into. possession of the Smithsonian fund, have not been less
urgent and unremitting than have been your applications
to ourselves upon the subject. The circumstance of the
shutting of the offices of the court of chancery for the holi-
days, at a period when they are ordinarily open, and some
other petty difficulties not within our control, have, how-
ever, prevented our getting through all the forms in the
month of May, as we hoped to have been able to do.

We have now, however, the satisfaction to announce to
you that everything is complete, and that the accountant
general of the court of chancery has transferred into your
name the several sums following :

£64,585 18 9 consols.

12,000 0 O reduced annuities,
16,100 0 O bank stock.

70 SMITHSONIAN BEQUEST.

These sums are entirely at your disposal, free from the
control of the court of chancery.

There will be, in addition, a small cash balance, which,
in the course of a few days, you will be able to receive of
the accountant general.

We are, very faithfully, your obedient servants,

CriarkE, Fynmore & Fuapgats.

Ricwarp Rusu, Esq.

Richard Rush to John Forsyth.

Lonpon, June 13, 1838.

Srr: Iam glad to be able to report to you that the sales
of the stock are going on well. ,

The whole of the consols have been sold, and part of the
bank stock.

A portion of the consols, viz: £4,535 18s. 9d. was sold
ou the 6th instant for cash, at 943. This was considered a
high price; more could not have been obtained for cash.

My first desire was to sell all the stock for cash, and im-
mediately, that [ might the sooner close the whole opera-
tion and get away; but such a course I soon found, on the
best information and advice, would have been injudicious.

To have attempted a sale of the bank stock, for example,
all at once, would probably have depressed the market for
this particular species of security, and occasioned a loss of
several hundred pounds. The reason is, that the dealings
in it, contradistinguished from those in the great national
stocks, are limited, and confined to a very few persons on
the stock exchange. The course which prudence dictated
was, to sell it out in small parcels, under careful instruc-
tions to the broker on each day of the sale.

As it thus became necessary, in order to guard against
loss, that I should allow myself some little latitude as to
time in selling the bank stock, it opened a door the more
properly for disposing of the other stock on time, at a
short interval; the more especially if by that mode it could
be made to produce a larger sum.

Accordingly, on the same day that I disposed of a portion
of the consols for cash, which served also as a feeler to
ascertain the cash price, I caused the whole of what re-
mained of this stock, viz: £60,000, to be sold on time for

SMITHSONIAN BEQUEST. ia

the 6th July, that being the day after dividend day, which
falls on the 5th of July.

It gives me great satisfaction to state that this sale was
effected at 95%.

Up to the day when it was effected, consols had not
brought so high a price, as far as I have yet been able to
examine the London Mercantile Price Current, for nearly
eight years before.

Two sales have been made of the bank stock, viz: one of
£3,000, the other of £5,000; the former at 2042, the latter
at 2042; both sales being for the 30th instant, the money
payable and stock to be delivered on that day. Should the
remainder be sold at these rates, or near them, it will
be seen that the bank stock, though in nominal amount
only £16,100, as stated in my last, will yield upwards of
£30,000.

In the i important operations of selling the stock, I am re-
ceiving the most beneficial aid from the constant advice and
active daily co-operation in all ways of our consul, Colonel
Aspinwall, whose long residence in London and ample op-
portunities of knowing the mysteries of its great stock
market, and the minute details of doing business in it, have
given him the ability to aid me. It is thus that Lam selling
to every advantage.

None of the three per cent. reduced annuities have yet
been sold. We are watching the market with a view to the
most favorable moment for. disposing of this part of the
stocks,

The fortunate point of time was hit for selling out the
consols. They have now sunk a little, and, with the excep-
tion of momentary intervals, would not have brought as
much since the 6th instant as I obtained.

From the sales made, it is now I think certain that the
whole stock will yield from one hundred and three to one
hundred and five thousand pounds, apart from the five
thousand and fifteen to be retained here during the life of
Madame la Batut..

From the successful manner in which they are proceed-
ing, it seems clear.also, at the present time, that the fund,
independent of the accumulations of interest, will be richer
in the state in which I shall deliver it over to the United
States, than it was in the summer of 1835, when their right
to " first attached by the death of Henry James Hunger-
for¢

72 SMITHSONIAN BEQUEST.

Left to myself to make the most of the fund after recover-
ing it from chancery, which depended so much on the sale
of the stock, it has not been without full consideration that
I did not call on the Messrs. Rothschild to sell it all, for
which their experience and situation here, besides being the
bankers of the United States, might have seemed to point
them out. But, first, they would, I take for granted, have
charged a commission of one per cent., to which I could
not have objected, as it is allowed here, apart from the
broker’s commission, and by the chamber of commerce at
New York on effecting sales of stock; whilst Colonel Aspin-
wall charges me no such commission, and I much desired
to save the amount of it to the fund, if, with his efficient
aid, I could conduct the sales confidently and advanta-
geously myself. But, secondly, if the former, as the bankers
of the United States, would have performed the task with-
out charge, I should not have been the less disinclined to
place it in their hands, having had no instructions to do so,
and, being without these, I could only exercise my best dis-
cretion. They are, as I in common with others here sup-
pose, very large dealers in stock on their own account, as
occasion may serve; and hence may naturally be supposed
to desire sometimes a rise, sometimes a fall, in these ever-
fluctuating things. With more than a hundred thousand
pounds to throw upon the market, I therefore thought it
best, acting on a general rule of prudence in all business, to
keep the operation of selling entirely clear of every quarter
where any insensible bias might, by possibility even, exist
to a course other than that which would regard alone the
Smithsonian fund.

I design to leave no sale outstanding after the 6th of July.
The subsequent steps, however, for obtaining the gold, and
those necessary in various ways for shipping it, will render
it impracticable for me to embark with it in the packet
which sails from Portsmouth on the 10th of July, that
packet leaving London always on the 7th. But I will fol-
low in the succeeding one of the 20th of July, which leaves
this port on the 17th, before which time I trust that every-
thing will have beer fully and satisfactorily closed, as far
as the trust can be closed here.

I have the honor to remain, with great respect, your
obedient servant,

Ricuarp Rusu.

The Hon. Joun Forsytu, Secretary of State.

SMITHSONIAN BEQUEST. To
Richard Rush to John Forsyth.

Lonpvon, June 26, 1888.

Str: Since my No. 27, the sales of the stock have been
going on from time to time, and at length are finally
closed.

They have all been good—perhaps I may say fortunate.
The prices have been high, as compared with the state of
the stock market for severai years past; and I am con-
fidently informed that, from the time the stock came under
my control until I sold it all, no higher prices were ob-
tained by any private seller than I obtained.

The whole of the reduced three per cent. annuities
(£12,000) sold at 94. This description of stock is never ag
high as consols, but 94 is reputed nearly, if not quite, as
good a price, in proportion to its general value in the English
stock market, as the 954 I obtained for the consols.

Of the bank stock unsold at the date of my last, (viz:
£8,100,) I obtained 205 for £5,000, and 2053 for the re-
maining £3,100. Both these prices, it will be perceived,
are higher than the former ones I obtained for this stock.

The entire amount of sales has more than realized the
anticipations held out in my No. 27, having yielded an ag-
gregate of rather more than one hundred and five thousand
pounds, as will be seen when I come to render a more par-
ticular statement. The two days on which I am to make
all the transfers are the 30thof this month and 6th of July.
The money will all be received simultaneously.

Immediately afterwards I shall take measures for convert-
ing the whole into English gold coin, having finally deter-
mined that this is the proper mode in which to bring the
money to the United States, under the trust I have in hand.
It appears to me the right course in itself, independent of
any question of exchange, considering the peculiar object
and terms of the law of Congress of the Ist of July, 1836,
under which [ am acting. But by the rate of exchange, as
quoted at New York under the last dates, there would be a
gain to the United States, by the best calculations I can
now make, (though I am aware how exchange is ever liable
to fluctuate,) of upwards of a thousand pounds on bringing
over the money in gold rather than remitting it in bills.
This would help to cover the commissions on shipping the
tormer, effecting insurance upon it, and paying the premium
of insurance, as well as charges for freight and those that

74 SMITHSONIAN BEQUEST.

have been incurred on MecNias the stock. All these opera-
tions demand mercantile agencies and assistance, to which
I am inadequate in my own person, beyond superintending
them and seeing that they are rendered justly. I will take
care that these ¢ expenses are kept within limits as moderate
as possible, consistently with having the business regularly
done according to mercantile usage in operations “of the
same nature, so that the fund, in bearing its own unavoid-
able expenses, may be encroached upon as little as pos-
sible.

I have not yet been able to get from the solicitors a state-
ment of the costs of the suit, but will not fail to obtain it
before I embark. The final payments under this head, and
those I shall be called upon to make for services enumerated
above, can scarcely be completed but at the last moments
of my stay; hence I may not be able to transmit an account
of them to you until I arrive at New York, where also the
freight will have to be paid.

In reporting to you the final decision of the court, L
omitted to mention some particulars not at first accurately
known to me, but necessary to be now stated, viz: £526
11s. 6d. were decreed to be paid out of the fund to Madame
la Batut, as her arrears; £25 as arrears found to be due to
John Fitall, the annuitant under the will; and, lastly,
£58 7s. 6d. as due for the use of certain warehouse-rooms 1n
London. The two first items explain themselves, after all L
have written. The third has reference to some personal
property left by the testator, contained, as I understand, in
thirteen boxes or trunks deposited in the warehouse-rooms
specified. [have had no opportunity as yet of examining the
contents of these boxes, but am informed that they consist
chiefly of books unbound, manuscripts, specimens of min-
erals, some philosophical or chemical instruments, and a
few articles of table furniture. The contents of the whole
are supposed to be of little intrinsic value, though parts
may be otherwise curious. As all now belong to the United
States, under the decree of the court, I shall think it proper
to have them shipped when the gold is shipped, paying all
reasonable charges.

Taving more than once spoken of the possibility of ficti-
tious claimants starting up for the Smithsonian bequest,
perhaps I may here be allowed to mention what the solicitors
have informed me of, viz: that since the decision, two claim-
ants have presented themselves at their office, neither having

i
{

SMITHSONIAN BEQUEST. 75

any connexion with the other. When the decision was pro-
nounced, the sum recovered was also proclaimed in the
London newspapers, which had probably awakened these
claimants into life. The solicitors add that one of them
desired, somewhat importunately, to know if the case could
not be reheard in court? It is needless to remark that he
was told he was a little too late in his application.

I will use this opportunity—the last [ may perhaps have
of writing to you before I embark, from the engagements
likely to press upon me in getting the fund ready for ship-
ment and clearing off all necessary expenses—to say a word
of our professional advisers. Of the counsel I selected it is
unnecessary for me to speak: their established reputation
in the highest department of their profession putting them
above any testimonial from me. But of the solicitors, as
they move in one of its less conspicuous fields, I will barely
take the liberty of saying that more attention, diligence,
discretion, and integrity could not, I believe, have been ex-
erted by any persons than they have shown throughout the
whole suit, from first to last. Could they ever have for-
gotten what was due to the United States and to themselves,
in the desire to eke out a job, nothing is plainer to me, from
what has been passing under my observation of the entan-
glements and delays natural to a heavy suit in the English
court of chancery, than they might have found opportunities
in abundance of making this suit last for years yet to come.

I have the honor to remain, with great respect, your obe-
dient servant, Ricwarp Rusu.

The Hon. Joun Forsytu, Secretary of State.

Clarke, Fynmore ¢ Pladgate to Richard Rush.

CRAVEN STREET, July 5, 1838.

Dear Sir: At the time of the decease of the late Henry
James Hungerford, Esq., which happened on the 5th June,
1835, there was standing in the name of the accountant
general of the court of chancery, to the credit of the cause
Hungerford vs. Drummond, the several sums following,
Viz:

£62,739 19s. 2d. bank £3 per cent. annuities ;

12,000 0 0 £8 per cent. reduced annuities ;
16,100 0 O bank stock.

And if these several funds had then been sold, they would
have realized the sum of £102,991, or thereabouts; but

76 SMITHSONIAN BEQUEST.

owing to the proceedings which were necessary to be insfi-
tuted in the court of chancery, the funds were not trans-
ferred into your name until the 5th June, 1838. We are
happy to inform you that, notwithstanding this delay, no
loss has been occasioned to the United States, as, according
to the market prices of the funds on the last-mentioned
day, the funds were then worth £103,888, being an excess
of £897 beyond the value on the Sth June, 1835, the date
of Mr. Hungerford’s death.

The whole of the costs of the chancery suit amounted to
£723 7s. 11d., so that the increase in the value of the funds
was sufficient to pay the whole of these costs, and leave a
surplus of £173 12s. 1d.

In making out the above statement, the dividends upon
the funds have not been taken into account, but the United
States receive them in addition to the original fund.

The United States do not, however, receive the whole
amount of such dividends now, as a portion of them was
invested in stock, of which £5,015 has been appropriated to
answer an annuity of £150 9s. to Madame de la Batut, upon
whose decease the same will become the property of the
United States.

The sums in court, at the last hearing of the cause, were
as follows, viz:

£62,789 19s. 2d. bank three per cent. annuities ;
6,810 19 7 like annuities ;
12,000 0 0 reduced annuities ;
16,100 0 O bank stock ;
1,765 2 0 cash;
204 6 8 cash;
These sums have been appropriated as follows, viz:
£62,739 19s. 2d. bank £3 per cent. annuities ;

1,795 19 7 part of £6,810 19s. 7d. like annuitfes; | Trans’d into
wee the name of

£64,535 18 9 bank 3 per cent. annuities ; R’d. Rush,
12,000 0 O reduced annuities; | Esq.
16,100 0 bank stock ;

0

5,015 0 0 reduced bank annuities, residue of £6,810 19s. 7d.
retained in court to answer annuity to Madame de
la Batut;

paid to plaintiff's solicitors for their costs ;

paid to defendants’ solicitors for costs ;

paid to plaintiff’s solicitors for warehouse-room,
paid by them to Messrs. Deacon ;

406 3 0
5
6
526 11 6 paid to Madame de la Batut for arrears of her an-
0
8
7

162 15

53 (7

nuity ;
25 0 paid to Mrs. Fitall for arrears of annuity ;
70 7 paid to solicitor for defendant the attorney general,
for costs ;
725 3 balance of cash paid to R. Rush, Esq.

SMITHSONIAN BEQUEST. Ti

Herewith we send you a complete copy of our bill of costs,
amounting altogether to £490 4s. 10d.; and we have re-
ceived the following sums on account of costs, viz:

£ 8. ad.

April. 10, 1887, of Richard Rushwiisq2 ss. -e sos 200 4 0
June 11, 1838, of accountant general, for plaintiff’s taxed costs__._ 406 3 0

606 7 0

The latter sum exceeding our bill of costs by £116 2s. 2d.,
leaves us in debt to the United States to that amount, for
which we beg leave to enclose our check.

We may here remind you of the information on the sub-
ject of costs, which we had before given you verbally, viz:
that the court allows against the fund. certain ordinary
costs; and such costs have been received by us from the
accountant general, as before stated. In consequence, how-
ever, of the. line of conduct adopted by us, under your
own directions, to ensure a speedy and successful termina-
tion of the suit, some small extra costs have been incurred
beyond what are considered ordinary costs.

We have, as you requested, had a lock placed upon the
trunk* in our possession, having previously deposited therein
the several articles of plate and other matters, which we
mentioned to you as being in our possession, and of which
articles we enclose you a list.

We are, dear sir, your faithful and obedient servants,
CLARKE, FyNMORE & FLADGATE.

P.S. We also return to you the memoranda which you
left with us as to the stock.

Clarke, Fynmore & Fladgate to Richard Rush.

CRAVEN Street, July 11, 1838.

Dear Sir: We have made the affidavit which you re-
quired to verify the bill of costs, and which we now return
to you.

We also send you the original order on further directions,
under which the several transfers of the funds have been
made into your name. This order has the initials of the
registrar, as also of the entering clerk, placed at the foot of

* One of the 14 mentioned in my despatch No. 52,

78 SMITHSONIAN BEQUEST.

it; this being the mode adopted in the court of chancery to
show the authenticity of their orders. i

We also send you a transcript from the books of the ac-
ecountant general, certified by Mr. Lewis to be a true copy,
Mr. Lewis being the clerk whose duty it is to make such
transcript. The sum of £70 7s. 8d., appearing still to re-
main on the general credit of the cause, is reserved for the
costs of the attorney general, and will be paid ofer to his
solicitor upon his applying for the amount; and the cash
standing to the account of Mrs. de la Batut is for the arrears
of her annuity, and will be paid to her.

We have seen Mr. Deacon upon the subject of his charge
for warehouse-room beyond the 24th ultimo, and have paid
him for:the same £2; and we have also paid 4s. 6d. for
swearing to our bill of costs, which is the whole of our
demand against you.

Mr. Deacon informed us when we saw him that he had
in his possession a painting belonging to the estate, and
which he promised should be sent over to your house, and
which we presume he has done; but should he not have
done so, perhaps you will be good enough to apply to him
for it.

We will thank you to send us an acknowledgment for the
different boxes we have handed you.

We are, dear sir, your very faithful servants,
CLARKE, Fynmore & FLADGATE.
Ricuarp Rusu, Esq.

bt

SMITHSONIAN BEQUEST.

00 &@ I-UPHa Uz ‘say pred ysvo og, | 1g ounr
G GL ZOL [7777 8}800 ,sdoqroros ‘aaomud
| oS100xy svuoyy, pred ysno og,
L& G@L [7777 Ysny pavyory pred ysvo og,
02% 9OF [77 7oyARIO svmoyy, pred ysvo of, | gp oun
OeC ONG lexan - KoUOW 4so1oqUT Ose Chee eee Se aes aiowmuds
OEO OO Tete lee gl ee yooys Yury eSiosng) ‘sony, pied ysvo of,
0-0 000:Gltsine teen saT}INUUB Poon poy OG 0 Cos lee es Rae qUNOddR 4Bq} 0}
CuGhEO GUC On| ae eee aes en eae ee sary I9AO POlIIVI Ysvo oY} 1OF NY
-tnuuv ‘yuwoo sed gy yurg wg Bl op uuy Aavyy quezinu
2 ZIA -u¥8 OY} JO JuNOdOB eg} ‘puott
‘puowwuniqg ‘s@ piojies -UINIG *8@ BOLLEMWIW JO 89}B1g
-unFy ‘esnvo ey} Joy JaAo : pau oy} joyuoepiserg oy} OF, | L oune
4ySno1q sorjtanoes Aapuns fg |Z eune||0 0 OOL9L|--- yay pavqouy
reCscOLole = se sol} 0} poddojsuvsy YOo}s yuvq OF,
-1nuue “yuo sad ey YuRY O20) NOOO; GEE = 2 ae ee Ysuyy pavyouy 0} pedioy
‘DL ‘S6L OT8‘9F yseqequr |. -suBl} soljiuuUuB paonpel OJ,
sqjuour g ‘poatooos yseo Ag | TT ‘ue || 6 ST Seo'H9 |--- PL ‘“S6L G6L'TF pus
"SE8I ‘PZ ‘SEL GSL‘T9F ‘wESt ‘AVIV
VE OUCO asliaetesc eee Se es sory WSL paysp Wnoo jo topso Aq
-Inuuv “yuo aed ey yuRq ‘Ysugy PABYOIY 0} podtojsuvsy
‘DL “SGL OLS‘'9F ysedoquL ‘sarzinuus ‘yueo Jed ey yuRQoy, |g ouns
syjuoul 9 ‘poatooea ysvo Ag | TT Aine ]/0 0 9109 [a “4UNODDB }BY} 02 19A0
LECT AOUS: 9 =| oer ae | ace puomunig ‘sa ploy patdaeg :sorinuur 4ueo sed
-195UNFT osnvo oy} wlody ey yuRq ey} Joy “QnIRg Bl Op
‘ysvo WIM poseyoind sarjzt uuy ABT JUBIINUUB 984} JO
-nuue ‘jueo red ey yuvq Ag | TT dy . qunoooe 94} osnvd eAOgB ey, OT,|Z ounsL
ee ae, Pat eer UGG alle Verse oe a ears a ‘8E8I
z:(@) ‘dNOWWAUC °*St YOIUUINY Ao SHLVIG GXLIN() SHL JO INGTCISAUd TAY, ‘dd.

“mmsauaey quojunoory ay} fo Syoog ayy
woul £ puowunigg “sa vouanuy fo say papugQ ayy fo fuaprsarg ay2 “asnvo ay, UL pUNODID oYf {0 IDLISUDLT,

80 SMITHSONIAN BEQUEST.

The President of the United States of America vs. Drummond.
The account of the annuitant Mary Ann de la Batut.
Dr. Cr.

1838.
June 2. By the President of the United
States of America vs. Drum-
mond, for the bank £3 per
cent. annuities brought over______ -_---- £5,015
June 7. By the said cash for cause,
broucht (overs.22-.--— ee £526 11 6
July 11. By cash received, six months
interest on £5,015, bank £38
per cent.-annuitiess = =_ = 2s 75 46

I do hereby certify this to be a true copy of the books of the accountant

general of the high court of chancery.
BrnJv. LEwIs,

Clerk of the above accountant general.

CHANCERY LANE, July, 1838.

IN CHANCERY.

Between the President of the United States of America, Plaintiff,
and
Charles Drummond and Her Majesty’s Attorney General, Defendants,

The bill of costs of the above-named plaintiff in this suit and
incidental thereto.

£ 3s. d.
Sept. 16, 1836.—Mr. Fladgate’s attendance on Mr. Rash, on
the part of the United States, at the Portland hotel, by ap-
pointment, when Mr. Rush requested that two of the firm
should at least ‘attend 22 Se ee ee eee 6 8
Writing to Mr. Rush, fixing appointment for conference with
him:on“Luesday, atl Nolcloeky a ee eee 5 90
Sept. 20.—Mr. Clarke and Mr. Fladgate’s attendance on Mr.
Rush, fully explaining to him the course which it appeared
to us should be taken on the part of the executors to bring
the claim of the United States under consideration, and also
the necessity of making Madame de la Batut and the attor-
ney general parties ; and reading to him the case laid before
Mr. Stuart, and his opinion, of which he wished to have a
COpyrc. 5. SSeS oi So eS ee
Copy icase/andsopinion forthimi== 225.2 =o ees neers 1
Attending him.-therewath {2 2008 Seo ea ee eee
Oct. 8.—Writing to Mr. Rush, in reply to letter from him__-
Oct. 7.—Writing to Mr. Rush, to fix appointment for confer-
ence ony Thursday, next. 26 = 2s. ee a eee ee
Oct. 10—Mr. Clarke and Mr. Fladgate’s attendance on Mr.
Rush, by appointment, to peruse case drawn out by him for
counsel to advise the American Government as to course
to be pursued to obtain payment of the fund in court, and

on AaIAQoc
oO Onoew

SMITHSONIAN BEQUEST.

advising as to the counsel to be retained, and received direc-
tions to submit case to Mr. Pemberton and Mr. Jacob-___-
Bare Nia nn ee ee ee oe
Oct. 11.—Looking through the papers in our possession, to
compare them with statement in Mr. Rush’s case, and alter-
ing the latter in one or two particulars, engaged two hours_
Two copies of case for counsel, four sheets each -__.---------
Two copies of act of American Congress, to accompany same,
three’skeetsieach = so2% (a= a ae ee ee eee =e
One copy of order on further directions in the cause of Hun-
gerford vs. Drummond, also to accompany case, to show the
precise position of the funds in court__-_-_.--------------
Attending at Doctor’s Commons to bespeak an office-copy will
of Mr. Smithson for Mr. Rush, at his request-------------
Attending afterwards to examine and procure same __--____-
PraleAMO nea ee eae es ee See Bee a
Oct. 18.—Writing to Madame de la Batut, as to her demands,
and requesting her to appoint a solicitor here to actin the
suit about to be instituted by the United States __--_.-____
Attending Mr. Rush with the fair copies of cases for his peru-
sal and signatures, and we also returned him his authority,
and handed, hiny office-copy will <------= ---.- 22 aod. 2
Attending Mr. Pemberton with case.—---~.---~.---------.
mee to himetherewilth and) clerkes. 2. Sa 8s see eee
Fee to him for conference with Mr. Jacob, and clerk ~-__----
attending to,cet:same-appointed. 2-2 2.22 able
Fee to Mr. Jacob with case, and clerk ~..--.-----.------.--
Attending him therewith and thereon--== ...-..-..--.-.-_-.
Hee:to him! for conference, and) iclerk--2+ 2.22. +52-..-2-) 2 -
Attending to inform him of time appointed__-_-------------
Nov. 2.—Attending consultation, Mr. Rush being present,
when the course to be pursued on behalf of the United
States was very fully considered, and it was determined
that a supplemental bill should be filed in the name of the
President of the United States of America, and the attorney
general made a defendant, and counscl promised to write
thei Opiniones] sos o= one eS eet see oe etek
Nov. 5.—Copy of opinion for Mr. Rush_-_-----------------
umikine toulim with SAme.2— 2 oo 8 oe te
Nov. 14.—Mr. Clarke and Mr. Fladgate’s attendance upon
Mr. Rush, as to the bill proposed to be filed, and his sugges-
tions as to the possibility of an abatement from the want of
a plaintiff, and explaining the course of practice to him__--

MicHAELMAS ‘l‘erM, 1836.

PSE UCIONS HOt ee
Drawineesame stolosts Oe wee ees tec Be
Paid fee to Mr. Shadwell to settle and sign, and. clerk _-___--
PME Hen GIT Om niin ee ere SE ee ae aes
Attending Mr. Shadwell, advising hereon and as to Madame
de la Batut’s claim, and explaining the same fully to him,
and conferring on several points arising, and particularly on
the nature of the property left by Mr. Smithson -__-___---
Fair copy bill for Mr. Pemberton to peruse and finally settle,
TON ORES( pee ees ee oi a Se SS

PANLGOD CUM OB aa eee ete abe ee Se Oe ee Ne
Attending Mr. Pemberton, appointing a conference hereon at
Dp eG TAN betereeees es iee Sein aalt

6

oe
1 6
1
Dap
1,6
1 0
et
6
6
6
5
13
6
1.0
2. °9
6
Srl5
a
234
6
Deere
5
5
6
13
1 10
Dee
6
6
10
2 4
6
6

POD © o

DOO ooo DonoWDnnw es oO

oo Ano @

82 SMITHSONIAN BEQUEST.

£78. ds
Paid fea to Mr. Pemberton and clerk thereon-__.-_..-----_~ 2 9.6
Tho like to. Mr. Shadwell:and ‘clerk... —+_:-_ 2c eee 13a '6
Wittending: him=s2—) 20S eee 6 8
Writing to Mr. Rush informing him thereon_______________ 5 0
Attending consultation, Mr. Rush being present, at Westmin-
ster, when it was determined not to make Madame de la
Batutia party to suitl<-__-=-_- > eee 1.658
Paid“ for Toom) seco ee ee ee ee ee 5 0
Attending Mr. Shadwell afterwards to procure draught bill
as (settled == ee eee ee G08
Enegrossing bill (22222 22s22 =e ee ee 15 0
Paid for parchment —— === ees 10 0
Paid filing :bill-- 222 22 ee eee |
Attending, bespeaking, and afterwards for office-copy bill to
serve on the attorney general=—=- = es eee es ee 6 8
Paid for samie_..__- =. 2-02 ae eee eee ee eee ee L590
Attending the attorney general therewith __--_.-____-_____- 6 8
Drawing precipe for subpena against defendant, Charles
Drummond, and attending to bespeak, and for same______- 56 8
Paid for subpeena, and making copy to serve.--_------_--_-- 5 10
Fee on obtaining, and undertaking to appear for defendant,
Drummond 2-24 eee 6 8
Nov. 20.—Attending Mr. Wray to press for answer of attor-
ney general, and explaining to him the reason of our urging
the same, when he promised to prepare answer immediately ;
Mr. Rush’s invariable direction to us being to use all prac-
ticable speed touching every point of the proceedings______ 6 8
The defendant, Charles Drummond, wishing his answer to be
taken without oath or signature, the solicitor’s fee thereon__ 6 8
Drawing and engrossing petition for same__-_---.---------_ 4 0
Attending the defendant’s clerk in court, and obtaining his
consent thereto____..2)) eos ee ee ee ce ies eae 6 8
Attending to present; the ‘same =o-2 =) shee eee 6 8
Paid answering, and for order, and entering-_--_-----_-.--__- dpe
Copy..and'serviceiof order222) ao s- sae ee eee 2 0
Writing to Mr. Rush to inform him when it was likely the
cause would be heard 2205 eee ee 5 0
Paid for office-copy answer of defendant, Charles Drummond,
folios: 16,222.21 = 2 loo Se ee ee ey ee 13. 4
Close copy=.-28=52= aia | OS Sok A ee ee eres 5 4
Attending Messrs. Derby and Raven to inform them answer
of defendant, Drummond, was filed, and to request them to
lose no time in putting in answer of attorney general______ 6 8
January, 1837.—Several attendances upon Messrs. Derby and
Raven and Mr. Wray to urge the filing of the attorney gen-
eral’s answer, which was at length done____-_----_------- 13 4
Paid for office-copy answer of attorney general, folios 4-____- 3.4
Close :copy=2— 223 5s ee L 1 4
Term feo, clerk in ‘court and solicitor== =) esses 16 8
Letters and imessengers . 22.5 CE ee ee ee 5 0
Abbreviating bill and answer, folios 50 in all_-------------- 16. 8
Making two briefs of pleadings, 5 sheets each___------------ 113 4
Paid for certificate of pleadings: =). 25sec eee ee ae:
Attending for'same. 2355 © 2287s Sa ee ae ee ee 6S
Paid for setting down cause and attending____-------------- 1.) 5) 8
Drawing precipe for subpeena to hear judgment, and attend-
ing forsame so 228 hs ee 6 8
Paid for same and copy------- Ls hh Lb Sa an ee 5 10
Service on\the clerks ‘in courts.c21<.. 22. oe ee 5 0

SMITHSONIAN BEQUEST.

Hinary TERM, 1837.

Padi iling aiidavits- 2: s=2 5 See aes eee ete he eee ae ey
@opy title'and’ prayer of bill forijudge 2--= 2228-52 ees
Attending to bespeak, and afterwards for certificate of funds

ANeCOURL IN) OT PIN A SUlbs ase ae ees ee ee

Drawing observations to annex to plaintiff’s briefs, 4 brief

sheets. -2 JJ - tases DLS eae oa Sa See eee
mewo briefs copiesithersot.2 2. = 323-2 oe ee
Two copies order on further directions in original suit, to ac-

comipany, briefs; /sheets each === — 225 sass 2S Se
Attending Mr. Rush on his handing us the act of Congress

authorizing him to act, and on his instructing us to leta

copy of the same accompany thoubrieissoss- 228s) eA £
Two brief copies same, 3isheets each -~-_--2-___+ ==...
Drawing proposed minutes of orders.___--_+__- ____-L_.
Fee to Mr. Shadwell, to settle same_--__---___ ---__----_-__-
Attending: hime 22 22 oe Se ee eee
Two fair ‘copies minutes to;annex to’ briefss2-24 ss sees aes se
Two do. forjactendants=see oe me se oe NESE ei ee
Attending them therewith and thereon__----___-_---_-_----
Attending the defendant’s solicitors ; obtaining their consent

Lowbay ce cause meard Short oo aes es eee heal Eau
Attending Mr. Shadwell, and obtaining his certificate thereof_
Attending registrar therewith, and getting cause marked

short, and put in the next short-cause paper_----_------_---
Fee to Mr. Pemberton and clerk, with brief______.__________

Fee to Mr. Pemberton and clerk, on conference as to the prac-

ficability of having:causeishortl ~~ == 22 ase eee
Attending. hime eae aie See es Soe SU See ee eels
iAtiondine appointine consultation =< 22202 2s toh Pas Ces
Hee toevirrembertonvand clerk 22222225 3 ee ee
Avion din cyiiinie see ew an eee eet ee ae ee aS a
Hnikeston Moe shadwollvand clerkjsss= ss == 22 so8 ae ee
Mi LenGin genie sas cone eae Sou eee Cee NS
Writing Mr. Rush, informing him thereof _._.___.__________-
Attending consultation at Westminster, Mr. Clarke and Mr.

Fladgate ee ee ee a eens ane ee een ee eee

Attending, ascertaining if the several articles mentioned in
a the master’s report in the original cause were safe, and com-
paring same with the schedule_2—--__=_ ~~. ==
Two brief copies schedules to annex to brief, at Mr. Rush’s
EC ULES ieee ee a ee ee eee ee eee ee
Attending bespeaking transcript of the account in original
suit a co em ee

Writing Mr. Rush, informing him when cause would bo in
PHO RAP CL meen eee aes ae an eve ets eRe
Mr. Clarke and Mr. Fladgate attending court, cause heard
and deereed according to minutes agreed on, with liberty
for plaintiff to amend his bill by adding the act of Con-
SS Sere en ce a rt a
Paid COULD ptne amen earner Lr Se eo he a ye
pening Mr. Rush afterwards, and explaining proceedings
to him

rn a te ww oe a a ee ~~ ee

ae

oO loner) a Warr wes

DND ono ®

_

Oo

bat
ans o®

ht

“Im CID AOAWwWo

eH
Siac

i OD

CO
oo

iF

Anoon ao om co DMI Dm-:

~
_

oo CAMRMNDWOR OS Amon OO Oo:

Co onNnlUCUDCUlU

oo

84 SMITHSONIAN BEQUEST.

Drawing petition to amend billa-------__- "se
Attending to ‘present same ~~~ --~~--==++----_-------=
Paid answering, and for order and entering -----------.-~--
wo copies and Services Of order’ 22 = ee ee eee
instructions to amend —= 2 2-2-2 eee
Drawing amendments; folios 6__<- -_--__-=2
Fee to Mr. Shadwell and clerk, to settle and sign _-__--___ aN
Attending him2=-2 2 son <n eo ne en
Engrossing amended bill, folios 86-__-------_----_--_.-_---
Paid fer parchment===+ 2 =——— nae
SP aia ety in Sees ee es eee ne ee ae
Abbreviating amended bill, folios 86-_..--__-__-__--_--____
Two brief copies of amendments for counsel____-__.---_-_--
Paid for office-copy amended bill, to serve on the attorney

general, folios’ 36 (=) 2. ==" <2 see ee eee eae
Attending Messrs. Derby & Co., therewith and thereon___-__
Fee to Mr. Pemberton and clerk, with amended bill___._____
Attending him. .-2.-=-22 53> See eee eee ees
The like to Mr. Shadwell andi clerk ===— =
Attending’ him 24 2.22 2252S S See eee ee eee eee ee
Drawing precipe for subpena, and attending to bespeak

Ba Oe a ct meee
Paid for same, and making copy to serve_-___---___----__---
Service on clerk/in court¢22 22-6 2eee Seas See ee eee
Attending registrar, and getting cause put in the paper-_____
Writing to solicitors for the defendants, informing them

thereof =. 2-2 <= Sao See eee eee

Attending court‘order made las oer. a ee ee ee
Paid court fées 22222" 22s ese See ee ee ree eS
Instructions for petition to lay out £6,172 9s., cash accumu-

lated in Hungerford ’es:“Drummond- = 222" oso
Drawing same; 'folios:40s= = a ee ee eee

Fee to Mr. Shadwell and clerk, to peruse and settle same ___-
Attending him 2) = "oes: s5 7 eee eee ee oe ee
Engrossing petition to present, as settled, folios 30 _-____-___
Copy for the master of the rolisi==2==sseeer ass soe eee
Attending to presentisame === sas eee eee
Pala. answering? | 5< Sees Se eee ee ee
‘Two copies: petition to serye=s= sae sa eee ee
Attending serving same: ee ee ee eee
Two brief copies for counsel, 3 brief-sheets each -_-_---_-___-
Drawing observations to annex to brief petition, 2 sheets -___
‘Two fair copies 2 Soe See se ee ee ee eee
Drawing and engrossing affidavit of service of petition-_____
Paid oath 22 2ssu 5522 ss eee ee eee ee ae eee
Paid filing and for offer copy —2 0 ee ee ee
Fee to Mr. Shadwell and clerk therewith__.-_-___-____--____-
Attending bins) A020 ss) ce Ries aay AD ee She ae ieee ee Opes ce
Attending accountant general for, and obtaining certificate __
Attending court petition heard, and ordered as prayed_-____-
Paid court fees 27. MeN ie ee ee eee nee
Writing Mr. Rush, at his request, a report of the proceedings

ANI COUT ee ee ee a ee ee ee eee

Close: copy 2222 2S Se Se ee eee eee eee scene
Attending settling +2225 2 Nai Sissi a eae eee See
Paidfor order: SiC ie. oso 2s 7a s Cae cent Se eee
Attending passing => 20) 2: Seite Bie Sk ee eee eves
Paid entering

rant nr mn 0 a ew ee wr we ee wr wr ww - ee ee

_

—_
AWAWAUPAPYS

—

a
WOWOROKEHDOOAROD wOae oo Or oro Own ro

_

=—

He
RMmooornwa WBWwWND POD =

Saks

—_ Loe
NORPRO OSCOMSTSCADSOM C2MND MOSTDWH O©SMAWMS COKRCOMAMKROOCLARS

Semoooco SCROMAGD

SMITHSONIAN BEQUEST.

Drawing request to accountant general___.-----------------
Attending bespeaking investment__-.-----.----------------
TERN eee
aid for copyof minutes of decred|-—-=------ faci
ROTOR OC Oy ee a a ea a ae
DPPE RRR EL SCG LINEN eos ce ee eee ee eee ees
Copy of minutes for Mr. Rush, and writing him therewith
and thereon ___-___- pce hs Ee eee erate 2k os
PE VaRLOr COCTCO =n ee a eee oer
PANGL QTY GLUT Oey ASST NN a yee eee ee
Wah OM UO 10 Oye eee ee ke eee eee
J Nnieine thet ee ee Ee eee
Attending at the public office, to obtain the name of the master
INgLHGIORIOIN A CHUSCh == aan on eee ee a ee eee
pnidemastorsielonice = seo os. ee ee os ee
Making copy title, and ordering part of decree for the master
Warrant to consider decree, two copies, and services --__----
Writing Mr. Rush, informing him thereof, in order to ensure
fieratbOndance. 20 enn ye eee ee
Attending warrant when master ordered the usual _advertise-
ment to be issued, and a state of facts, &c., to be brought in
as to Madame Batut’s claim, and stated that he could not
direct inquiries to be made at Pisa, as to the death of Mr.
Hungerford, but would allow the costs thereon if instituted_
Attending at Stepney church to search for burial of John
Fitall, but found he was not buried there___--_--_-------.
Aidpsearch: andycoaelo hineo = — ooo eee ee ee ee
Attending Mrs. Fitall, but she declined giving any informa-
tion, as the last quarterly payment had not been made____-
Attending at various places in the neighborhood to inquire
where he was buried, when some persons said in the country,
others at Fletcher’s chapel, and others at Saint George’s in
the East, and ultimately discovered a relative, who informed
us that he was buried:at; Shad well_—__— + 8a ae
Attending at Shadwell church, clergyman and clerk both out,
andicouldnot) search esa a= oe es oa
aidicoach@hing sees se sae Lg 2 tse Oe ie BS ee
Attending bespeaking advertisement as to Mr. Hungerford’s
dently tS 28 2a 2 eo el Sek
aidgmaster/suclenis eee Sur Sei
Attending bespeaking advertisement as to Madame de la Ba-
tuts claime S222 ee be cee ee
iaidgimaster’s. clerk 22252 she oot on Soe
Attending at Shadwell, searching for and obtaining certificate
OmpNir ital s death: 22 2. a ee ee el
Paid for certificate:and, omnibus: hire._-.—-—. 2 £2 aa
Instructions for affidavit verifying extract
Drawing same, folios 8
WPOSOSSIN PSA Go oe ee eee ass
PEGLOR ODOUR WEARUN Oils: 2 2 Sat te eee ee =
EsesOau ana exhibit xc. ees ee Se
Drawing and fair copy state of facts as to Fitall’s death, folios
ee Ee ee ee oe eae
Warrant on leaving same, copy, and service-.--------------
Attending Mr. Cullington, Mrs. Fitall’s solicitor, as to iden-
tity of John Fitall, when he promised to see his client
thereon, and let us know the result -...-...-.---.--_=-_-.
Attending at the Gazette office, to get advertisement as to Mr.
HMungerford’s;death: inserted 22 .—- «2. ee sae

Noe

oS

—_
ow

mo orc

eo

oe OO mm Ob OQ or

oe
Or

on nro So COOM wmoOROG RAOCCHa®

SCO SMMOMSOS CH CR OCOK_Y -

ao

86 SMITHSONIAN BEQUEST.

Paid, and for Gazetteseo2vi5 4221.5 2ul el Wd eee
"Attending at the Gazette office, to get advertisement as to Mrs,
Batut’s claim inserted... +=. .2225> +. < - 3 =e see
Waldsiorinserionco 2222 2a ones Se
Copy of advertisement as to Hungerford’s death, for Times
AL GIWES POET) a
wAtiending inserting/ smo l=— 2-2 =e eee
Wald INserwOnss soa. oak oe oe ee
The like for Morning Herald_22 +..2-. 222222 = eee
Paid insertion, :Ge.cii22-. Socks 222 sees asa See ee ee
The ‘like for Standard 22555222. s2-se Sees ee eee
Paid'insertion,.<¢¢.'2s=-2=5- 2 52224225 22S Sees ee ee ee
Copy of advertisement as to Mrs. Batut’s claim, for the Times
NOWSPAPE? sae SL Sa a Se ea eee eee eee
Attending inserting same 2.2" 223s eee eee eee
Paid insertion 22--2.-2- = Ee ae ee ee eee
The like for Morning Horald it = sag see See ee
Paid insertionWe.2 222 ee ee ee eee
Theilike for Standard - - 2-222 JaSs2 eae ee eee aa eee
Paid for insertion; &¢:2 222 ee ee ee eee
Several attendances in the city, as to the best mode of insert-
ing the advertisement in foreign papers, and as to getting
same translated, &c..252 = See ee eae
Making copies of advertisements, to get translated into French
and: Italian $.. =<: sok lee ie eee ee eee
Attending translation therewith, and afterwards for same___-
Paid: thom....2<-=5 --2s cose sete eee ae on eee ee
Making twelve copies for insertion in foreign papers --_-----
Attending Mr. Deacon, the newspaper agent, therewith, and
instructing him thereon =: = 2233 2eues ee ee eee
Paid for foreign advertisements Ghost eee
Attending paying same, and for receipt ----__-_--_-_____-_-
The proprietors of the Times newspaper having made an error
-in tae name of Mr. Hungerford: attending at their office
and rectifying same, and giving instruction for another in-
sertion <= 562-35. oo ee eee
Attending Mr. Deacon to ascertain if he had corrrespondent
at Leghorn to whom we could forward instructions to obtain
the information of Mr. Hungerford’s death, and obtaining
the direction-of same Lise a ee ae
Writing very long and special letter to Madame Batut as to
her claim on the estate, and requiring the necessary proof,
and requesting information as to her son’s death, &c.___-_-
Copy same, to‘keep as-evidences=2 222 == aes ae eee
Writing Mr. Rush, with Mrs. Batut’s answer__-----------_--
Attending at Gazette office to get advertisements as to Mr.
Hungerford’s.death inserted second time__---_---____.-=_-
Paid ‘for Gazette-and insertion 220322 ee
Copy advertisement for Times newspaper---_----------------
Attending inserting. same.o.22.5 2.6542 ee se
Paid’ insertion ,/Qceh2 seo Be As pee ee A
The like for Morning Herald... 2-2-2 See
Paid@insertion, -G&e..2-2 sos eS
Thedike for Standard] 2222225 Seco a ee ee
Paid’ insertion. IE se
Attending at Gazette office to get advertisement as to claim of
Madame de la Batut inserted a second time_-_---..-------
Paid for insertion.<.6. 32252-5224 See ote eee
Copy advertisement for Times newspaper_.-.-------------+-

te

~ oomal —
WOMOOOWwW DORMOAQANw bt C2 CO %

= ey |
oO

mb
o

—

= —
Doe DPWORAOMANAG ans

=

—_

Orr O00 0

CNONORR ANANAMD CHM we

ANANANDANADA COM

aon

esol ancestries

~.

SMITHSONIAN BEQUEST.

Ajtendine inserting samMel2= sees e ses pana ea es
IPai@einsertion yes ke SS eee i ee ee re ee
‘Ehedike for Morning Herald =ss28eo ss 2228 22 aes
EAI SLOTs ANSELLLON y OCC Sa a= A 2 eee ee ee era
eMhovikerforsStandard «= —- Seca ee ay ee ee
PPpardetor Insertions GCs ae ere ee eee
STG re LOC ee eS eh a a ee nn ee Oh

EASTER TERM, 1887.

Attending Mr. Cullington to know if he could identify Mr.
Fitall, ‘which he declined doing unless the arrears of the
annuity WEPO paleensess 2222 Soo oe ee

Attending bespeaking peremptory advertisement as to Hun-
portord mdentie eae wea S oS awl es Se es eo

Paidtmaster}siclerke: 2b so) Sees oe a oo eas

The like charges as to Madame Batut’s claim -_-----_---____

Attending Mr. Rush with Madame de la Batut’s letter, and
conferring thereon, when he agreed with us in thinking that
she had abandoned all claim under the estate___--________-

Attending at Gazette office to get peremptory advertisement
inserted as to Mr. Hungerford’s death-.~__--_--~---.-...

Paidtfor Gazettelands insertions ies soe eS es eee

Copy advertisement for Times newspaper -_-___-.-.---_-_---

Attending inserting theisametus ls (hock eee nese tS

MAL OGMNSETG1 ON eC me oe ee ee es ee he a

ptheplike for Morninpy Herald 22s 2oe bu Sins Benes le See tes

PP ALGPI SELL LOM cy, Colles 5 leeks ee ee Ge eel

PL epikcey fOr stan Gand Ss ae eee RES ee ae eee ee

IP AICS INSELtLONINOEC a eaeee ee a NRE A ay ee de LE

Attending at Gazette oflice to get peremptory advertisement
as to claim of Madame de la Batut inserted--.--------___-

Paidlinsertiones te 2s Sek N Se es ate le ee ee

Copy of advertisement for Times newspaper -_--------------

Attending inserting) same sesn ss eee ee se eee

Aldeinsertionye: Seeeet es oe diay stele eles yee oS

EEheslikesfon Mornings rerald= sass) 2 =e. Sele Ss ee ee

Paid:insertiomjesoe ss -2 kaees Sek ss clei beet ce Sebel

ehevlikeformStangards 2S Shek) fees ee eco ee er

Hzaldbinsertionges sete 2 es Sele 5 antes alee ee A ls

Attending at Gazette office to get peremptory advertisement

* inserted a second time as to death of Mr. Hungerford ____-

Paid for Gazette and insertion 222 222-2222... 22 dsdeu soto.

@opy advertisement for Limess S2na2 se eee sate

Attending inserting same-—_—_.-_-_---.- Pla Ra eae ae

eal RITYS CT DLO RE Came een ne ee ae ue Sos A Se ok 7 8

mbenikestor:Motning Heralds ss siew st eee ee

Hear deinsentioniaic=s m= See Se A ak ek Pee Ah ee Sol She

PALIN SCL LOM wee Casas sere ak ae ee ES tpn ED It
Attending at the Gazette office to insert the peremptory adver-

tisement a second time as to claim of Madame de la Batut_
Paiditorinsertionvand Gazettes ee ae ee ee
Copy advertisement forsTimess2t o_o. oo oo co sens
EP AIOGITISE ntl Orme = ceca Re es EN ah i Sale es
athevike tora@orning. Herald sooo. ot os se kk ete
SAI GHNSENEL OTs eee eta e Ie nO Ae! iil eo AN ae le
ePhoevike forsSGand andy RING Sees cept Up a
BB 11 GHD GCL tO nee tere eee ee he a el
Attending at Mr. Deacon’s to ascertain if any of the foreign

pt fet

Ie o

a
BPORDORAIAONOD

se _ —_
MORO DONO AHAODOAIONe! aD

me eh

PROomonon>

wmowm @

@

AINWNINMANWOMrw@

ONAN aAwmanwa SCNONTMOCH

SCNONOAROCOM

88 SMITHSONIAN BEQUEST.

papers had arrived, when he handed us three of the French
papers which he had only received that morning .__--___--
Perusing and examining same, and ascertaining they were full
of errors; attending Mr. Deacon again, and correcting same,
and requesting him to get same correctly inserted _-______-
Writing Madame de la Batut, in answer to her last letter, and
requesting any information she could give as to the death of
Mr. Hungerford 22-_-22-3--- = So
Making two copies of peremptory advertisement to get trans-
lated into Frenchand:Ltalian<: 2) Ss j-22"P eee
Attending translators therewith, and afterwards for eame___-
Paid them) 2262 2622-2 ee eee
Making 12 copies for insertion in the foreign papers -_----...-
Attending Mr. Deacon therewith, and instructing him thereon
Paid for foreign:advertisements—=— 22) eos ee eee
Writing long letter to Mrs. Batut, in answer__..---.-------
Attending paying for foreign advertisements and for receipts_
Attending Mr. Batut in very long conference, when he urged
the claim of Madame de la Batut; but we informed him we
had no discretion to apply the funds, except under the direc-
tion of the court, and told him to carry in a claim before
the master; when he stated ‘“‘ he would submit certain docu-
ments of evidence material to the plaintifi’s case, for an in-
spection at half-past 10 o’clock next day’’_---_--_--.------
Paid for oaths of Messrs. Clarke, Fynmore, and Fladgate to
three copies of biil delivered to Mr. Rush __.-_-.-__.---:
April 29.—Attending Mr. Batut for upwards of two hours,
when he appeared desirous of making terms as to the infor-
mation he could give relative to the death of Mr. Hunger-
ford without children, which he assured us we could not ob-
tain elsewhere; and informing him we could communicate
with plaintiff thereon, and requesting him to put any legal
claims he might have into the hands of his solicitors, and we
promised to represent to Mr. Rush his statement ~-----~-.
Writing to Mr. Rush on the above subject, and requesting ap-
pointment te.meetshimc- 2. ee eee
May 1.—Attending Mr. Gardner in long conference as to the
claims of Madame Batut, which we thought were much
larger than would be allowed her on proof before the mas-
ter; and we postponed a final determination until we had
again looked“through. the paperss- 222 2-s 2222 ==
May 2.—Attending at Mr. Rush’s in long conference as to the
application of Mr. Batut, when it was decided that we could
not offer any pledge that attention would be paid to his ap-
plication, but that we must procure from him such informa-
tion as he could give, and, if it appeared that he had any just
claim, we would offer no technical or unnecessary delay to it
May 4.—Attending Mr. Gardner, conferring very fully again
hereon; when he stated that Mr. Smithson possessed himself
of the property of the late Mr. Dickinson, and never ren-
dered an account; and that he (Mr. Gardner) considered
that a bill should now be filed against the defendant, (Drum-
mond,) as executor of the testator in this cause, for such
account; and that it was expected a larger sum would be
found to have been received; but that at all events a claim
would be established to a life interest in a sum equal to that
stated in the will to be the nephew’s property, viz: £260
per annum, which, in point of fact, had been the amount of
allowances made to Mra. Batut by the testator, as she could

£7) iSonae
6 8
18. 4
5 O
5 0
13 4
2-6
1stOL. 0
13 4
12) 13570:
5 0
6 8
13. 4
18 6
Led
5 @
18 4e
18 4

SMITHSONIAN BEQUEST.

prove; and we urged that filing a bill would be useless, as it
was impossible to furnish an account, but would search
through all the documents in the plaintiff’s custody or
power, and give them every facility to settle the matter in
thie master’s.OfiCe ass = s e eoeoea ea aeae
May 5.—Attending Mons. Batut for upwards of two hours,
when we told him the only chance for his obtaining any re-
muneration from the plaintiff was to furnish him with
every information in his power relative to the death of Mr.
Hungerford, which he seemed very unwilling to do, without
a pledge that something should be done; and we assured him
that no party here could give such pledge; and that if he
was really disposed to sell his information, he must put his
terms into writing ; when he stated that he would consider
the course to adopt; and advising him to give us the infor-
mation, and informing him, if he did not, we should resist
Madame Batut’s claim in every possible way--------------
May 6.—Attending at Mr. Deacon’s; going through and pe-
rusing the documents deposited in the boxes, &c., to answer
Mr. Gardner’s inquiry, but could find nothing; engaged
Reaver ale hours re ee eee oe ee eee an eee ee eee
May 11.—Attending Mr. Gardner as to Mr. Batut’s claim,
when he required to be furnished with an account of the
payments made by Mr. Smithson in his lifetime to Madame
de la Batut, which we promised to procure, as evidence of
the fund she might claim under the will of Dickinson____-
Attending Mr. Deacon, making inquiry as to the foreign pa-
pers, when he handed us several French ones, and promised
to) write forthe italiano os See eee ee ee ee
May 18.—Attending Mr. Batut on his furnishing us with the
required information, when it appeared that Mr. Hunger-
ford was buried at a Dominican convent, at Pisa, under the
name of Baron de la Batut, on the 5th June, 1835, and that
a stone was raised to his memory ; but that his servant, Leo
Ferna, could not be found, and he urged his claim upon
the consideration of the plaintiff; when we informed him
that we could not entertain such claim, but referred him at
once to Mr. Rush, or to the American Government__----_-
Attending Mr. Rush afterwards, conferring on Mr. Batut’s in-
formation and application, when it was determined that a
meeting should take place in our presence between Mr.
iush) ands Mins Batut ee ees ee ga Sa es
Attending Mr. Gardner to confer as to appointment with
Monsieur Batut, but he was out of town; writing Mr. Rush
thereons 228522 wou Gal eee kk Sal de See, ee

Trinity TERM, 1837.

Attending at Messrs. Drummond, going through their books
to ascertain whether any drafts had been drawn upon them
by the testator, which would tally with the claim brought
forward by Mrs. Batut, but found it was the testator’s habit
to draw only for large sums, and his account proved nothing

May 30.—Paid for copy charge of Mrs. Batut’s, folios 36___-

Attending warrant to proceed thereon, when the master di-
rected interrogatories to be exhibited for the examination of
Mr. Drummond

13

13

13

— oD

89

moO

90 SMITHSONIAN BEQUEST.

June 2.—Attending Mr. Batut further as to his alleged claim,
and the information he still withheld and promised to afford
LS Oe es eh ee eee eon ha eee ee

June 5.—Attending him again on the above subject, and ask-
ing him what he required; when he promised to consider
our request, and see us thereon next day-_------_-_-__-_-__-

Attending Messrs. Pemberton, advising them what had taken
place, and requesting them to attend the next day with Mr.
OE SU UG pe ee

June 6.—Attending warrant on Mrs. Fitall’s charge when the
master directed an affidavit in support verifying when he
didd 22224. 2S ee eee ee ee eee eee eer nea eet

June 6.—Attending Mr. Batut, and afterwards Mr. Rush,
when Mr. Batut stated that he would make the requisite af-
fidavit, and taking full instructions for same; but on our
application for an appointment to swear same, he changed
his mind, and stated that he would not make the affidavit
unless he had a pledge from Mr. Rush that he would support
his claim in Ameriea, which he did not feel justified in giv-
ing, and therefore the treaty was broken off; engaged up-
wards of two hourss22 3222502 22 2S aoe oe ee

Instructions for*atidayites ss ee See ee ees

Drawing same; folios 422s secs es eae eee eee

Attending Messrs. Pemberton thereon, and urging them to
get affidavit made, and to bring in same evidence in support

June 9.—Writing Mr. Rush very fully thereon__----_---__-
June 10.—Attending Mr. Rush in very long conference on
Mr. Batut’s conduct, and informing him of the nature of the
evidence sent us from Italy, which we thought was quite
suflicient)2- S282 Sea a eee oe eee ee ee eee
Attending Mr. Cullington, pressing him to leave in the mas-
ter’s office his affidavit, required in support of charge as to
Fitall’s annuity, when he promised to see his client thereon
and to proceed with the charge forthwith ——=--_----__.--u=
Paid postage of foreign letter from Mr. Berri__-_-.---+~-W_-
June 16.—Attending Mr. Gardner to press him to bring in the
particulars of proof of Mrs. Batut’s claim, and conferring on
claims 2.2 22 eS OSS Se Sn ae ee ee ees ee
June 19.—Paid for copy affidavit in support of charge of Mrs.
Mitall; folios peeest Mes Le eR ee eae
June 20.—Attending warrant to proceed on charge of Mrs.
Hitallis’same ‘allowed ee ooo oe ee ae ee
Paid for warrant for Mrs. Batut to bring in evidence in sup-
port of charge, otherwise it would be disallowed, copy and
BELVICE | (MO;CLEbK AN tCOUNt) ose ns ee ee ees
Writing Mr) Rush’ as) to Bitall’s' annuity 2222s eee
June 23.—Writing Mr. Rush, at defendant Drummond’s re-
quest, touching an application made to him by Mr. Batut,
and requiring this instructions thereons2-----===———-=——==—
Having received from Leghorn an official certificate of the
death of Mr. Hungerford, authenticated by Mr. Falconer,
(the consul;) attending at the Foreign Office, to ascertain
what gentleman connected with the office could verify the
signature, and found Mr. Hertslet was known to him, but
Keiwas) from atownls =e = ee ee eran ee ee see
June 23.—Attending Messrs. Pemberton & Co., on their sta-
ting they were preparing instructions for the interrogatories,
but, previous to completing them, they were anxious to

8.

13

one

= OO

SMITHSONIAN BEQUEST,

examine some papers belonging to the testator, in a black
trunk in our possession—going through same with him—but
they afforded him no information; engaged two hours --_-
June 26.—Attending Mr. Gardner this morning, upwards of
two hours, on the subject of Mrs. Batut’s claim, endeavor-
ing to come to some arrangement, and to ascertain if her
claim: was really, founded inj justices seen
June 29.—The master having required evidence of the inser-
tion of the foreign advertisements, and as to their correct-
mess’; instructionsitor aindayitse a= ee ae ee ee
Drawing same, and fair copies; folios 14_-._......--__-_---
iNairacopy fon perusal Coo. ooo ou os eee
Attending Mr. Deacon and Mr. Whittaker, severally, there-
with ; and fimalllysetilimoy sames S50 Se Saahske ree kia ace!
Engrossing BAM OV ee ce Le ae a a eee
Attending Mr. Deacon to the public office, to get sworn to the
same ; ‘Mr. Whitaker could not attend _____-__---__-____-
Parditworoathises uae me oe ey eed ee
July 1.—Attending Mr. Whittaker to get sworn__---.---_--
BP aOR Ge Sa Ue eae es Ue ayers eee es he ee Ee 8
Paid Mr. Whittaker and Mr. Deacon for loss of time and
{HO UL] ONS) ea ee ee ee ae ee ee
Attending paying same, and keeping RECON tes ee eee eas
Warrant on leaving two copies, and services -_--_---___-__-
Attending Mr. Gardner, pressing him to support a claim of
Mrs. Batut’s; informing him, if not done forthwith, we
should exclude her altogether from the report; when he in-
formed us, if we did, he should immediately file a bill ____-
Attending warrant, as to Mrs. Batut’s evidence in support of
her charge, when Mr. Gardner undertook to have interrog-
atonieston thestollowinosday. 2 =) sess ee ee ee
Paid for copy of interrogatories—for twelve close copies___--
Carriage of parcel from BBiawise wut Weeks 1h ae ula
Enclosing COnUiNGatOi tse eee oo
Having received the above certificate of the death of Mr.
Hungerford, attending Mr. Whittaker to get same trans-
TENG ee ee ee ee
aldehischargesse ss sees n es Sos oe eee eet ee eS
Attending warrant to settle interrogatories as to Mrs. Batut’s
claim, when the master allowed same, subject to any objec-
tion the defendant might make to the exhibits which were
notilefthin thelefice: seo ak OE ek Oa oe
Warrants for Mrs. Batut, to bring in exhibits copy and ser-
Wice——nOtmycansesee aera es eee So sae eee ae
July 17.—Attending counsel, in long conference, as to these
interrogatories Bnd vemnibiis! oe Poker Sec PI Gel
Paid his fee, pnd) clerks Sst Sil ew eS 2 es EEN ou 8
DANCE LEE CHIT po tee ee ea te ee
Attending to Mr. Rush, in very long conference on the state
of the suit, and advising with him as to incur ring any extra
expense in the inquiries safter Mr. Hungerford’s ‘death ____-
Writing Messrs. Pemberton on the proposed exhibits, and
Writing to Mr. Rush very fully, in answer to a letter received
from him as to probable time suit would take ___.________-
Drawing request to accountant general to invest dividends ___
Attendinesbimahereony=ss= Se ea Be
AP al dp his}{Gopeadee eae sees ee ee Se eee aes
Attending Mr. Rush, informing him of the impossibility of

13

15

—
HOw PPO PROD

SG bo

IRH OD

2 14

91

one Onon mr DO@

o om anoewca wa

acre

°o

CODan

92 SMITHSONIAN BEQUEST.

& 38. d.
obtaining report before office closed, and explaining the ne-
cessity of giving Madame Batut the means of establishing
her claim; rather than: fileja\bill 2-2: 2-2 So eee 6 8
Attending warrant to proceed on Mrs, Batut’s claim, when
exhibits were left in support thereof__--------------__---- 6 8
Paid tor copy examined, folios 28---------------------.-... 3126
M1080 COPY 2 <a oe cn ee ee eee 9 4
July 25.-Attending warrant and interrogatories when the same
were finally settled, the solicitors for Madame de la Batut
having’ brought inyexhibits:— "> Ss eee eee 6 8
” Drawing and fair copy state of facts as to the death of Henry
Hungerford, folios, 48_--~ —_ ee eee 120
Warrant on leaving same, two copies and services _-------_- 6 0
Instructions for affidavits insupport, 9-222 eae ee ee 6 8
Drawing same,.and fair copy, tolinsi4 222 See ee ee 4 0
Attending Mr. Hertslet several times to endeavor to get him
to appoint a time to swear, but could not__---_----_-_--__-_- 6 8
Attending at the Master’s office to examine exhibits with the
copies, and engaged comparing same, but found one missing 6 8
Attending Mr. Rush in a very long conference on the subject
of this suitt 22. 22-2. 0222S Sere ee eee ene eens 138 4

August 14.—Attending at the Foreign Office and conferring on

the affidavit with Mr. Hertslet, when he requested us to

leave the report, certificates, and affidavits with him, and

he would appoint a time to swear affidavit-__.-_-_----_-_. 1
Engrossing affidavit, folios’4es sso s=s8 Shee sree
Attending Mr. Hertslet'to: beisworns 222222 2 ae ee
Paid oath and ‘exhibit: 23¢ 22322 ee ee eee
Paid ‘his charges*222 24227 2 eases eee eee ee eee 1
Warrant on leaving copy and *services2o=25 222 see ee
Postage of letter to Mr. Tannin, in answer to his letter rela-

tive. to death of Mrs Hungenforda ts sees ee nee
Writing very long letter to Mr. Rush, informing him of what

had:taken place:s_ 220023 <a eee
Instructions for further affidavits in support-..--------_-_--
Drawing same; and fairicopy, folios#20R2Ses eS” eee 1
Minorossing ‘SamG. 2S. =e eee ee eee
Writing Mr, Rush, stating the result of our inquiries touching

the property formerly belonging to Mr. Dickinson, under

whose will Mrs. Batut, claimeds) 22222 32s seen ee 5
Sept. 2.-—Attending Mr. Rush, conferring and explaining the

position of Mrs. Batut’s claim, and the effect of the informa-

tion received from France, from which it would appear that

suchclaim) was frau dulents 2) a ee eee
Instructions for affidavit of Mr. Whittaker as to verification

of translated copy of. report. from; Pira_222 22S ae = ee
Drawing same, and fair copy, folios. 4-2. 2-2) seers
Copy. reportito,annex! asex Iai bit ss se ee ors
Attending Mr. Whittaker, conferring thereon, and getting

him ‘to settle samest-= S54 26 eed eS ee oe ee raya ene
Engrossing same, folios:4.— 2 >. 22 he ee
Attending. himrto bers worms s sss ee sea epee ee a
Paid oaths‘and./exhibita. 2002 52 22 Ue ee ee eee
Warrant and leaving copy and service_-_-------------------
Paid him for loss;.of time - 5952 Se ie eee 1
eee swearing further affidavits in support of plaintiff’s

LC fee ee Ee SU ee
Paid oath Gene oa ee a ae ac epee 1
Term fee and letters________ oe EE cE AA Se ee eee Beate 1

De Roh CO

~
n2nowo ao oocooomaor

AOD
o

—
co

—

— ORD S on @

f
7
4

DAOwMW SCEOTcrWrRD FCSOH

— he o>

SMITHSONIAN BEQUEST.

MICHAELMAS TERM, 1837.

Warrant on leaving same, copy and service-__-_-_-___-___.
Warrant to proceed on Mrs. Batut’s charge, copy and service
Attending warrant, and proceeding thereon____-_-.--_--_--
Instructions for affidavit for Mr. Curdy, verifying translation

of notarial act made at Paris after the decease of Mr. Hun-

perford 225 eve eee een See See ne ee ee eee
Drawing same, and fair copy, folios 4-_____..--_-___-------
Copy translation, toannex as an exhibit-__.-___--___-_-___.
Mngrossing, aidavit; 1olios: 4=—>- = - 22-2 222 cl eRe ee
Attendings toNDerswOln a eowe eee Se See ee ee eee
alu Oath, ese nee e eens oe al ee ee ee
Warrant on leaving two copies and service-_----_______-__.
Warrant on leaving further evidence__---....-.-...--=-__.
Attending Mr. Rush in very long conference on the progress

of, and advising on, this suit, and taking his instructions

Paidstoritranceript) Of accounts 2 22 Bee eS eee
Atiending bespeaking, and afterwards for same-____----_--_-
Drawing request to accountant general to invest dividends___
Attending bespeaking investment of dividends___--_---_..__-
aI Tee. ere een eran 2 eine kee IO ee ee
Instructions for affidavit of Mr. Hertslet, verifying notarial act
BS tORdeathaoLmNErmELunoeMordase soe onan eenee oa ele
Drawing same, and fair copy, folios 4.__.____-_-=_--_...-_.
Attending him to peruse and settle same_____- --__----_---__.
Mnsressine, SAMC= 202 S22 one cose so coc eas once eons ea
Afton dine himetor be swormes2 ue le ses oe See e Soir ae
Paid oathiandvexhibif + 222 2 a a
ale MIs Char eens 22ers 8 Vas Las et ee be eee coee
Warrant on leaving two copies and services______-_---_-_-_.
Warrant to proceed on state of facts, and charge of plaintiff,
as todeath of Mr. Hungerford, copy and service___--____-
Attending warrant, same proceeded with and allowed, and
warrant ordered to be issued on Mrs. Batut’s charge_____-
Warrant to proceed on state of facts, and charge of Mrs. Ba-
LNG) S COP yet SCNMleG: t= oe beh oes OSs Ses ee
Attending bespeaking transcript in original cause, and after-
wards forjsames— 2-2-2253 oe a
age no = ane ee ee a ee
Sep. 29.—Attending Mr. Rush, reporting and advising on the
progress of the proceedings in the master’s office_____-___-~-
Dec. 4.—Attending warrant and proceeding on facts and
eharge of Mrs. Batut, when the master directed another
ByaLrant tOmesies. tose ee Soe ohne fo ee ee
Warrant to proceed, three copies and service__-_-__-_-_------
Attending warrant when the master said he thought she had
established a claim to half of the income of the French
fund, but would give us leave to inquire and prove, if we
could, that it had been already satisfied and he directed us
to obtain an order to state special circumstances in regard
to her claim, the words of the decree not being sufficient__-
Writing Mr. Rush very-fully thereon---=-/--=. 11-11...
Attending Mr. Rush in a very long conference, and advising
with him on the expediency of opposing Mrs. Batut’s claim,
as it would cause much delay, and stop the order on further
directions; and explaining same fully to him, when he pro-
mised to consider the same, and see us again thereon __.~_-

OO OD Ro Ooo

—

He OD bD CO me CO

o eC oO for) o> Dae eae De

Om

6

13

95

Danae

COSCO RDOMD

oO oO CoCo MmORMOM SCMODDO-

mo

oo

OW SMITHSONIAN BEQUEST.

Dec. 14.—Attending Mr. Rush in very long conference as to
Mrs. Batut, on his having duly considered the subject ; when
he instructed us to write to Paris to obtain such evidence
as we could, and lay same before counsel, to advise on the
expediency of opposing Mrs. Batut’s claim, we being of
opinion that evidence might be obtained that would repel
Her kc ain seee eee Oe ee eee ee ee

Dec. 19.—Attending at the Foreign Office to make inquiry
touching the swearing of affidavits abroad before a proper
tribunal, and found that they could be sworn before the
British? consuli 202222 oe ee ere eres

Instructions for affidavit to be sworn by the stock broker who
transferred! saree se aes oe ee ee ee en eee eee!

Drawing same and fair copy, folios 6, and fair copy to send to
Paris 2237 Sate ee eae eee ee

Instructions for affidavit of a notary as to some documents in
his possession relative to the transfer____------_----------

Drawing same and fair copy, folios 8_-_____---.--_---------

air copy: to send: to ‘Paris 22 2 "eee eee ne een ee

Writing Mr. Truftant therewith and fully thereon, and urging
him to get affidavits sworn if possible in their present shape,
but, if not, to advise with some English solicitor at Paris_-

Dec. 29.—Postage letter from Mr, Truftant requiring further
ENS Er UC COT Ss ea ee

Writing to him very fully thereon-22 esses eee eee

Instructions'to amend decree 222s — sea a heen eee eee

Drawing notice of motion to amend decree -_---_-----------

@opy and: services222— = 22" eee eee eee

Drawing and engrossing affidavit of service -._-------------

Attending swearing 822 aes ee eee ee ee eee

Paidvoathic. = 2/22 sae See eee ee ee eee ee ee ee

Attending filing and for office copy 22=2seeene = ee aaa

Paidic 3-3 ee eee wn st UNOS RRR ESSE SE SE te eae

Drawing brief for*counsel to moves eee e aan eee

‘Paid-him‘and'clerks 2222222 se ee eee ee

Attending him: —. =. 2! ee eee eee

Jan, 8, 1888 —Attending Mr. Rush in very long conference
on the progress of thelcause,iscieso "aera see eee

Torm ‘fee, @e:c2 2022-226 a ee eee

Hitary TERM, 1838.

Jan. 11.—Attending court, motion made and ordered accord-

ingly oo 2S ee ee ce
Postage of letter to. Mr. Truftant requesting to be furnished

with a copy of Mrs. Batut’s claim =-_=_-2--=--.--_----_--
Copy same, to send, folios: 36 "22228 = eee eee ree eer
Writing him very fully therewith and thereon__------------
Paid for\copy minutes 22s 22222 ee eee
Close‘copy 2a ee en el ae eee
Attending settling == 22 ee eee
Paid forgordor:: 2520 ee a epee ae
Attending register to draw up and pass order_------------—
Paid ‘entering 223 2 Seas eee ee
Attending toventer same! 22 oes ones ee eee
Jan. 23.—Postage of a letter from Mr. Truftant, containing a

certificate, signed by the chargé d’affaires, which, from his

letter, appeared the best evidence he could procure for us__-
Writing him that same was not sufficient, and requesting to

know, per return, whether or not the stock broker could

18

_
to @ o& oO a a

—_
m= CO AWODOHAO®NDNwW~AI= ~I

—
_

—_

_
oo

DK nDODdeENANH

Cr DADOCOSMABWMCSOCRAW OH COIS GO! == 00" 60

DBOWoenmoonronw +»

SMITHSONIAN BEQUEST.

make an affidavit as to fact of instructing him thereon, and,
if he could not procure such affidavit, to make one himself_
Jan. 30.—Postage letter from Mr. Truftant_____-----..-____
Jan. 31.—Attending Mr, Rush, fully conferring as to the in-
quiries touching Mrs. Batut’s claim, when he stated he would
consider same, and decide whether to proceed or not______-
Feb. 5.—Attending Mr. Rush on his wishing to know the re-
sult of the proceedings if the claim of Mrs. Batut were re-
sisted, and to what extent the proceedings might be carried
by her, and explaining same very fully to him, when he
wished us to write a letter to him thereon__--_-----------<
Writing lettermndicopye see ce es
Feb. 6.—Attending counsel in long conference on the evidence
obtained from Paris, and as to the expediency of bringing
Same intOvinonmaster 8 OMlCOs oo eee ok
Hee to bimvand clerk: thereon. 22S 22 oe
eMtComdinerehin oe ee eee oe ee
Copy of Mr. Truftant’s affidavit, to keep___--_-_.__-__-___.
Warrant on leaving three copies, and services -__._____. -__-
Warrant to proceed on claim, three copies, and services_____-
Feb. 19.—Attending warrant and proceeding on state of facts
and affidavits in Opposition to Mrs. Batut’s claim, when
claims ello yee tere a I SR ess
Warrant to show cause why warrant on preparing draught re-
port should not issue, three copies, and services____-_-_----
Feb. 21.—Attending warrant, No; causelshown Se seke he oe
Warrant, on preparing three copies, and services______-_-.-.
Copy will of testator for the master, folios 8-_._-_---______---.
Paidsforcopy, draucht report; toliosi4s so 242 es ea ee
Close; Copy ae ase ae ase wasn tae See ee ee 2 ee
March 1.— Warrant to settle, three copies, and services____..
ALHCENAING SAIC se es een ee Me Es
Attending Messrs. Pemberton, conferring very fully on the
draught report and the several inaccuracies therein, and cal-
culating amount of arrears, &c., due__-.-+-=~--=-=--=-_-.
Attending warrant on charge of Messrs. Clarke & Co., when
Same aiilow.edie see ee ee Ah a ee ns ae
Hic tor COpy, same) Lous O -2U S23 So Se) ee
@losecOpymers a= stare eee ee Eh ee Bee
Paid for copy affidavit in support, folios 4-_-.-----_------_.
Wlose copy oe Ssee Solas SE Leek ete es oe a
Another warrant to settle report, three copies, and services __
Attending warrant and settling report; but the master di-
rected many additions to be made thereto, and an affidavit
to be obtained froma broker in the city as to the amount of
GRCMON GO) 2 5 oa seSe Sos eee 2 eg ok
Attending Mr. Rush in very long conference “thereon before,
at, and after the above warrant, when he directed us to ob-
tain the order on further directions as soon as possible _____
March 9.—Attending Mr. Rush again, conferring fully herein
March 12.—Attending Messrs. Pemberton as to the cause of
delay in obtaining the necessary affidavit, when they prom-
ised to bring same: in in a few days-_-.--.-.-.----_--__-.
Paid for copy “of affidavit of Mr. Boyd; folios: 62-+2-22_ == _=
Closer eo pyaar ti pe ae ag a a
mare 17.—Attending warrant and proceeding on state of
SAAS ES eee ee SS ns Sees
March 20.—Paid for fresh copy report, folios 44-_---------_-
SOLOHE COD yen em men ee Ne eee

2

cist

13

—
oc

—

DBOnDaw

—_
ADMDADNWwarAw Oo

mo G&G

ne

Ooo

oo AOD oe

arACowue wo ARCTOnmnane

i He

DOD oO M

96 SMITHSONIAN BEQUEST.

Warrant to sign, three copies, and services -----------------
Attending sames22: 2228 ode 22 otto eee
Paid for drawing, signing, and transcribing report-_---~--_--
Paid filing and for office copy -..-. -------- -----------------.
Attending to file __._..-----.-.-.-------------=-------- =
Drawing and engrossing petition to confirm report absolute
in GHeriTrst puns banc On sas sale Ae eee eee ee
Attending petting consents —2- 2.24 (as See Seen ee
Attending to present-_=-_----- == =4 2 sss eee
Paid answer and for order.222_ 2-2 ee eee
Two copies and services on clerks in court__--------_------.
Draught on Pemberton. -.+..--=..- = ee ee
Drawing and engrossing petition, to set down cause on further
directions and! costs._ 22283 o 2 ee eee
Attending, tospresemt. a= 22 xe 2c See ee ee eee renee ee ee
Paid answer and setting down cause, &c__---------_-_---~---
Two copies, and services, order on clerks in court__----------
Draught on Messrs. Pemberton.2es2s2o2-22e2- 22-2 ee
Attending defendant’s solicitor for consent to hear cause im-
mediately 222-5422 323 eee
Making copy decree for the master of the rolls, four sides~___-
Do. report, folios: 48. 25295 ee ee a
Attending to. leave same {2. Jee Se ee
Attending Mr. Rush in very long conference, explaining that
the report had been confirmed, and giving him extracts of
all the dates and proceedings, &c., and advising him as to
the future proceedings,.@eiesa2 45.2 Seas ee es
Drawing and engrossing copy affidavit of service of order to
set cause dowd 222) SU ssl oe eae ee eee
Atténding to be-swornastese 222) ee eee
Paid oath.W.s22ssso8! Se ee ee Ree ee
Attending filing and afterwards for same__-----------------
Paid filing and for office Gopy 22d. Sa ee eae ee
Attending Mr. Rush, informing him cause was set down and
would be heard in Easter term, and conferring thereon___-
Instructions for petitions2shel2 Ss See ee ee
Drawing and fair copy petition to be heard with the cause, on
further directions, folios:882 202-42 a eee
Attending Mr. Rush, conferring thereon, when he wished
counsel to be-advised with .thereon2_2522522- 22s a2
Attending conferring with Mr. Shadwell thereon, when he ad-
vised cause to be set down and petition to be presented after-
wards._... _.-= (CLs le See a ee se

Attending him -2. 222 soe ee eee
Drawing: proposed minutes, folios 12/2. ep eee
Fair copy for Mr: Shad wells 33a eee eee
Attending him in conference and settling same___---------_-
Paid his fee and: clerk ah: 22.) ec ee eee ets
Attemdimg: bin Li ea eee ys
T'wo capies minutes for defendants ---.-L-.--==2_-+=----=-..
Attending them therewith and thereon, and finally agreeing

tO BAM 62 =----- 2 osc 5s cso eso se eee eee ee eee

Drawing brief on further directions, seven brief-sheets-___--
Two. fair copies. for. counsels. ee ee ee
Drawing observations for plaintiff, 2 brief sheets -----------
Two fair copiesfor ‘counsel... 42 2)

Attending Messrs. Pemberton on their requesting some infor-

me CO
_

—
NPOOF, NORPIOGR ADBoaaor

—
AOanww

_
co

ol ~
_ — _
ew co co > co ODOR Dw

—_

bor _
— _
Ow OG co O22 > CO Rb OD

a

a"

DODFkF SSTSMD BCTOMNDD WOAaMDD

-~- © Oy, PAODOL PL

Er PROOR DMDHODROODOR

SMITHSONIAN BEQUEST.

,

mation in order to draw their petition, and giving them
same, engaged some time, term fee, &c_----------------.-

EasTeR TERM, 1838.

Attending to bespeak and afterwards for certificate of funds in
eomptint Chisscausee ys iyo ko ey ye ea ear en Deals a
PEHoviTce in) orisinalcanscy22 ee oo eee ees dee
Fee to Mr. Pemberton and clerk with brief__--_.---_-_____-
eee bareel ines binm ers Bee a a eS i rs eek
Heeito: Mr Shadwelliand.clerk.202- 2°00 3-23. Sas
Abita nig byrne amen ee ee ae ence eee ee Se
Attending Mr. Shadwell, obtaining his certificate for cause to
besheand shanties GS eee Dae aly ie eee NS eee tee
Attending register therewith, and getting cause put in the
paper for mext short cause:day=—-22U 2222 S22 et 8
Attending Mr. Pemberton to appoint a consultation at West-
BLED 0 Foe es te ea BNE RS as aed a a a ag Ds
Fee to Mr. Pemberton and clerk thereon -.--_.-._--------_.
Bhovbice Mir. Shad welle-tns Sata ess S52 we
PREETI eI eae ee eee So Se Ek Ll a
Writing to Mr. Rush informing him of consultation ________
Attending consultation when Mr. Pemberton expressed his
regret that the petition had not been presented, and directed
Mr. Shadwell to.draw same immediately ____--.----._____
PepastGr Rooms se sete ee ba ee el fe are a a
May 1.—Mr. Clarke and Fladgate’s attending court; cause
heard and ordered as per minutes, agreed, but the order to
stand over for petition to come on as to funds being paid to
VITRO EADS Test sees gel Bees Ek. Snes i SM oll ic ne le eS a
IRSVGPCOURL ALCO ss teats oe tet ies es ch 2S al Ob SA cect Slee dhy aligns A
Attending Mr. Rush in very long conference, explaining to
him fully what had taken place, and he directed us to use all
SxPEHUGION os aa a ee eS alot ee ok ee he
Perusing and considering former petition, and altering same
METRE Sy, PER PRCES Nise SO es 8 pe Reece) pe
Fee to Mr. Shadwell to peruse and settle _-___.---.------..-
PRUveniCin pee Me ee oe Eee sa eee in ode ee See ee
Engrossing same and paper, folios 77-_.---... -_---------_-.
Wopy tor the master-of the rollss=4= 2.222784 eee et ha
Attending presenting petition, when the secretary directed
that it be taken to Westminster to be answered by a certain
ek rue meres ea ceo ee OL aR i Sse ae A
Attending Mr. Pemberton, instructing him to get day ap-
PGiHECHeNCEOTMING Wye atts So Se Leh bs Bk eae
Attending court when Mr. Pemberton mentioned it to the
court, and it was ordered to be answered for Tuesday next
Attending his lordship’s secretary, and getting same answered
RRS ERLE NOG IY parse a le go LR veep ey be eee Ya aha a Bo
SR oh) aprou ic age uta eee atc Oe ol sd Yani ek al aap 9)
2 copies petition for.service, folios 77, each___.__-_.--_------
Attending serving the same on clerks in court -._----------
Drawing and engrossing affidavit of service ---.---.----__--
EUCLCH Ge RtOUDORR WGN) Hh mew Ek oe eee et
SESS AS a Ra YS) Ol
Attending to file and for office copy___.---------.-------. =
eid! for OGG eo nye Hees Gee e e e e
2 brief copies petition, 8 brief sheets, each ____. ___.-_--__--
Drawing observations to accompany 2 brief sheets__-.----___-

7

97

£ 6. d.
Lies
6 8
6 8
510 0
648
SoownG
6 8
6 8
6 8
6 8
2h Oh
1-135 6
6 8
5-0
13 4
5 0

Jipzie O
18 0

pent
He

me
OOO
DoOoDmnaeo

ao Dm &

COD SH Co RAI
Pe OO OR ORD OO @ QR wo

98 SMITHSONIAN BEQUEST.

& 3. da
Zibriot copiesitor COUnsE| =. O62 22-5 lS eee eee 18 4
Attending Mr. Rush again hereon, conferring and advising
SV OTUV pe Ul yaa NC Te ON pe ne ire ay te 13 4
Attending register to get original decree altered, as directed
by the court, and after some trouble getting same altered
aecording ly see ae ee oe ae a ee ee 138 4
Attending to enter and afterwards for same___-.------------ 6 8
Paid at entering seat for alteration.___.------__--_-+__---- 1 0
Fee to Mr. Pemberten and clerk with brief petition-___-___- 2 4 6
Attending him.22 2. 232-2222 2 Saas 6 8
Fee 'to Mr, Shadwelland.clerk)-_—=_ 22 Sees eS ea LeKsing
Attending himoes2io2 le eae See eee oe eee 6 8
Writing Mr. Rush that the court would not sit on Tuesday,
and that petition would be in on Wednesday_------------- 5 0
Attending court, petition heard and ordered as prayed__-_-_- 13 4
Paid: court fees*_.- 25 2 SS eae ae 7 0
Attending Mr. Rush on the amount of funds in the cause, and
writing him out full particulars thereof, and taking his in-
structions to expedite the transfer and payment to him____. 13.4
Writing to Mr. Truftant as to his charges and expenses, &c._ 5 0
Paid postage letter. enclosing. same>—— 2-222 £22 SS a 2 4
Paid: same: to. his agen tse) seen ee eer ee eee ees 10 0 0
Attending paying same and for receipt_______--_-_-_--__-~- 6 8

Writing Mr. Rush, at his request, with full particulars of

what took place at the hearing of the cause and also of the

petition, and generally on the cause___..___._----_--_-_. 7 6
Attending Mr. Hussey to draw up minutes, when he said the

registrar, Mr. Callis, who was in court on the petition,

ought to draw them up; attending on Mr. Callis and with

him to Mr. Hussey, and arguing same, when it was finally

determined that Mr. Hussey should draw up the minutes,

and date them the 12th—engaged upwards of an hour___- 18 4
Paid for copy minutes) of-decréels2 2ee a see tee 10 0
Close‘copy thereof.2..4. 222555 ee ee eee 5 0
Several attendances upon the registrar, to procure him to pass

order, which wasjatlength one.) ae kee ee ee 1 6 8
Paid for order.on furtheridirections2{2.2" ==. =e bea 310 0
‘Paid expenditures 522s ee ee ee ee eee 10 0
Term fees Ge: iis 5 ep a ee eee Ry oRS

Attending passing) Samer = 2s. t= ee eee ae eee ee 13 4
Paid entering sames=— sae a eee 6 6
Attending .2 22222528 ee eee 6 8
Making copy ordering part of the decree for the master___--- 2 6
Drawing this bill of costs, and fair copy for the master, folios

180 .. .-.- be ee eee 6 0 0
Warrant on leaving same, copy and service__--~------------ 4 6
May 8.— Warrants to tax copies and services --------------- LAG
Arttendin pr sara ea) 5 WS aa a ae Needle ee) 213 4
Paid clerk in:courto<. 253 5 ty cree a ee ee oe ee 218 4
Warrant for defendants to bring in their costs, two copies and

sePVICES osc Lush eu Ee ee ee ee oe 6 0
Paid for copy defendant Drummond’s costs, folios 72_-------- 9540
Attending three warrants, taxing same_-_---------------- a 3: 0540
Raids clerk/in:courtac aio a oso Ne a LAO
Paid for copy attorney general’s costs, folios 16 _------------ 2 0
Attending warrant,/taxing sames_o 2-2-2222 eee 6 8

SMITHSONIAN BEQUEST.

aids clerks inl cour tes Ss = eee ee ee ae eee
Paid for certificate of costs and transcribing_-_-------------
Atien@ine tO. tiles 2k een eee ee
Paid) line samMels es 2 i eee oe Re ee ae
Attending accountant general’s, bespeaking clerks --_-------
iPardienterineycleriaforicosts 22 — =e = eee
Attending bespeaking carrying over of the funds and cash
from Hungerford vs. Drummond to this cause__-----------
BEST Sag = Ne eet as Shae ER ea HEE Pd he re
Attending bespeaking carrying over of £5,015, bank £3 per
cents. to irsebatutsaccount, pada => sue ee
Attending bespeaking direction for transfer of all the funds to
Mr. Rush in the. £3 percent. annuities-.......-----=.=---
BE ea Ghee eee ed ee are Ye SS eS ke Heats
The like on reduced annuities ___-___- AA is foe ee Sah
iRherikeom bankstocict Sere sk OL seek Ue
Attending bespeaking transfer to Mr. R. Rush____---~------
Paid tose se eae es ce aneudls 21S 2 be Lo ee ge
‘Paid messenvent Aes hie eee sk ee Ua US sb are
Instructions for affidavit as to residue of cash_____----------
Drawing and fair copy, atidavit, = <<<. a= eee
AiLen@ ne to; belswOrns.2=- oso. 32 es Suto Sere eee LES
par oaths ee ate See Sa St Peer se eee Sees
Paid tor, ofticerep pye des 22S ee eeu SEN eee ee
Attending bespeaking check of residue of cash____----------
Paid clerke fortheiritroubles 22: 22. SSuue= <2atn_ se ee setae
Attending toadentify: Nir. Rushese 2ieae ee Sess Fase
iPaidienteringycheck sesh = ea ee eee eae
Merm fees! Goris Gal Stier POO SD SOS hs eee SES
betters; messengers iicl se 2 2 Sees Se ee eee
For various attendance, not hereinbefore enumerated, on
Messrs. Derby and Raven, the solicitors for the attorney gen-
eral; Messrs. Pemberton, Crowley, and Gardner, the solici-
tors for Mr. dela Batut; and Mr. Cullington, the solicitor
for Mr. Fitail, to urge their proceeding in the several mat-
ters connected with the suit with all possible expedition ; it
being the earnest wish of Mr. Rush that the suit should be
brought to a final conclusion with the least possible delay —-
May 25.—Attending Mr. Rush; conferring very fully with
him as to the several matters remaining to be done to wind
EUS Ue oe Te ee een) es ea ee ce
June 2.—Attending Mr. Rush ina long conference as to wind-
ing up the suit, and the difficulties we had to encounter in
fie accountant ceneral’siomieds = Sasa 25 Sole Se Sees
Attending in the city to make inquiries as to the transfer of
stotk, and found it would not be made until Tuesday, but
that Mr. Rush could sell it out the same day__--_-_-------
Writing to Mr. Rush to inform him thereof, and special mes-
PEMO REE WIL RMLOLLOR) 2 cee a roe ae ee ee ee EE SA LS
Attending Mr. Rush afterwards, informing him what arrange-
ment we should suggest to him as to selling the stock_____-
June 4.—Attending Mr. Rush again this day, conferring on
the transfer of stock, and as to winding up the suit; and he
requested us to write him an official letter announcing the
transiemotetnoulundses sales DSU ee se a Se eee
Attending at the accountant general’s, to learn if the stocks
were transferred, which we found was done___------------
Writing an official letter to Mr. Rush to inform him thereof,
Sccordinerto bis request==- -ae Se eM oe le

—_

~
SCH NAUARHADDH RPWOSO

ou

Se
—

13

Nr DAD NYNAWROM®

co
we]

&

_
CORP MDODWMDAHHMDRBOHLNWNAD oo oon DOOD @:

100 SMITHSONIAN BEQUEST.

June 5.—Attending Mr. Rush, conferring very fully in what
remained to be done, and as to the steps to be taken by him
co;realize the funds= 22222 a a eee

June 6.—Attending Mr. Rush on the subject of the residue of
cash in court, which was to be paid to him, and explaining
that we could procure same out of court by Saturday; and
he requested to be furnished with a copy of the list of arti-
cles deposited with Mr, Deacon=_+_- === 222 ee

Copy list for him, (schedule marked F ;) one trunk only, (see
list) a= == 2 SSeS Se ee ee ee

June Hearererinis the accountant general’s to learn if check
was ready for Mr. Rush, and found it was, and would be
signed this daye-- +2. 34 ees eee ee

Writing to Mr. Rush to inform him thereof, and to make an
appointment for him to attend and receive same___________

June 12.—Attending Mr. Deacon to ascertain if the boxes
could be sent to our office; and he not being home, writing
to ‘him “thereon.- <= ee ee ee ee

June 18.—Attending Mr. Deacon to make appointment for
Mr. Rush to attend to inspect contents of boxes___.-______

Writing to. Mr. Rush tovntonmehim 22 ee Se

June 20.—Attending at Mr. Deacon’s, 31 Upper Norton street,
to meet Mr. Rush to inspect the contents of boxes, &c.; but
the boxes being more numerous than he expected, he de-
ferred the close examination of them for the present___--__

June 30.—Attending Mr. Rush, conferring on what remained
to be done, and making arrangements with him as to send-
ing the box we had here, together with the plate and other
articles, to Mr. Deacon’s, where we should meet him and
Colonel Aspinwall, the consul, and seal all the boxes up___-

Making list of the: plate and other articles________._--__-_---

Mr. Rush wishing to know what the several funds would have
realized if they could have been sold immediately upon the
death of Mr. Hungerford, attending at Messrs. Drummond’s
to learn what the prices of the several stocks then were,
and making a calculation accordingly; and drawing out a
statement for Mr. Rush, from which it appeared that, after
deducting all the costs, the funds had realized £178 12s. 1d.
more now than they would have done if the funds had all
been sold immediately upon the decease of Mr. Hunger-
fords 2 sees oe ee ee See

Paid: for a.new, lock; tos boxss=2=- eee eee

July 6.—Attending at Mr. Deacon’s to meet Mr. Rush and
Colonel Aspinwall, when the several boxes were sealed up,
and directions given for their transmission to the wharf____

Attending at the accountant general’s, to bespeak a transcript
OF. JAG COLUT ES Ses Se eee a ee

Attending to procure jsame- 3-52 eee
Several other attendances upon Mr. Rush, furnishing him
with all such further information as he required previous to
his leaving this country for America__----------_---------
Letters and messengers, coach-hire, and various incidental ex-

Griesads
1s 4
13 4
2 6
6 8
5 0
6 8
6 8
5 0
13 4
138 4
5 0

22220
5 0

Lea, 6
.

6 8
8 0
6 8

SyonLO

15 0

£490 4 10

SMITHSONIAN BEQUEST. 101

IN CHANCERY.
Between the President of the United States of America, Plaintiff,
and
Chas. Drummond, Esq., and her Majesty’s Attorney General, Defendants. }

Thomas Clarke, Thomas George Fynmore, and William
Mark Fladgate, of Craven street, Strand, in the county of
Middlesex, solicitors and copartners, severally make oath
and say, that the several disbursements contained in the
aforegoing account have been duly made, and that the
several charges therein contained are just and true, to the.
best of these deponents’ knowledge and belief.

Tuomas CLARKE,
Tuomas G. Fynmorg,
Wa. M. Fuapeate.

Sworn by all the deponents, at the public office, South-
ampton Buildings, in the county of Middlesex, the 11th day
of July, 1838, before me.

K. WINGFIELD.

Clark, Fynmore & Fladgate to Richard Rush.

43 CRAVEN STREET, Strand, July 13, 1838.

Dear Sir: With reference to the gun,a few pieces of
china, and a few other articles of a miscellaneous nature,
which are mentioned in the schedule of property formerly
belonging to Mr. Smithson, (of which schedule we furnished
to you a copy,) and which articles do not now appear to be
amongst the property lately under the charge of Messrs.
Deacon, we beg to state that the schedule in question was a
schedule prepared at the time of Mr. Smithson’s death, now
several years back, and that we have no doubt that the ar-
ticles (which appear to have been such as would be used
personally by Mr. Smithson) were handed to Mr. Hunger-
ford, who, indeed, had he thought fit to apply for them,
would, under the direction of the court, have obtained pos-
session of all the property lodged with Messrs. Deacon, and
which is now handed over to you as representative of the
United States.

‘We are, dear sir, your very obedient servants,
CuARKE, Fynmore & FLADGATE.
Ricuarp Rusu, Esq.

102 QMITHSONIAN BEQUEST.

Richard Rush to John Forsyth.

Lonpon, July 14, 1838.

Sir: All the transfers of stock were made on the proper
days; all the money was received, and arrangements are
now in daily progress for obtaining, insuring, and shipping
the gold. It will be on board the New York packet Me-
diator, Captain Champlin, by or before the 17th instant, in
which ship I have taken my passage, intending to embark
on that day. The costs of suit have been paid, but the
other expenses, arising out of the sale of the stock and ship-
ment of the proceeds, cannot be examined and settled until
immediately before [ embark, as the whole of the operations
cannot be completed untilthen. It will hence not be in my
power to make astatement of all these expenses until T arrive
at New York or Washington, when it shall be rendered in
a manner that I trust will be satisfactory. I can only re-
peat that my best exertions have not been spared to keep
them all within a compass as moderate as possible.

I received at the Bank of England, day before yesterday,
£900, being the interest on £60,000 of consols sold on the
6th of June. It will be remembered (see my No. 27) that
this amount of the consols was sold on time, the stock not
being deliverable until the 6th of July, which was the day
after the dividends for the last six months fell due, by which
I became entitled to receive for the United States the above
sum of £900.

The boxes and trunk mentioned in my last are to go on
shipboard to-day. Before knowing anything of their con-
tents, I thought proper to have them opened and examined
in the presence of our consul and two other persons. A
large portion of the contents proved to be unimportant ;
nevertheless, all will be delivered over on my arrival as I
received them, except to have them better packed for a sea
voyage, and so as to prevent further injury to that which
time and bad packing have already done to them.

I design to leave this letter behind me, to be forwarded
by the British steamer Great Western, which, although not
to sail until after the Mediator, may be expected to arrive
first at New York. My going in the Great Western has
been precluded by the fact of her accommodations for pas-
sengers having all been engaged long before I knew the
time when I should be able to close the business in my
hands, and have the gold ready for shipment.

I have the honor to remain, with great respect, your
obedient servant, Ricwarp Rusu.

Hon. Joun Forsyrn, Secretary of State.

SMITHSONIAN BEQUEST. 103

Account of Thomas Aspinwall.

I, Thomas Aspinwall, of London, being duly sworn on
the Holy Evangelists, do declare and depose that the within
account is just and true, and that the services therein re-
ferred to and specified in the vouchers of said account,
signed by me, and marked respectively No. 1, No. 2, were
duly and actually performed.

TuHos. ASPINWALL.

Sworn this seventeenth day of July, 1838, at London,
before me.
J. Cowan, Mayor.

The Hon. Richard Rush, agent for the Smithsonian fund, in
account current with Thomas Aspinwall.

Dr. Cr.
1838. : 1838.
July 16. To am’t of in- July 16. By cash ree’d
voice of sover- from) himesessesoee £106,870 7 8
eigns, procured :

board the Me-
diator, as per
copyherewith,£105,565 12 6
To commission
for various ser-
vices,as per ac-
count No. 1,
herewith_____ 797 15 6
Tocharges on14
pk’gs, shipped
on board the
Mediator, as
per ac’t No. 2
herewith_____ 6 19 4

and shipped on |

£106,370 7 8 £106,370 7 8

TuHos. ASPINWALL.
Lonpon, July 17, 1838.

104 SMITHSONIAN BEQUEST.

(No; dh)

- The Hon. Richard Rush in account with the Smithsonian fund,
To Thomas Aspinwall, Dr.

For services rendered throughout the month of June and
up to this date, in July; in attending your acceptance of
all the stocks transferred to you by the accountant gen-
eral of the court of chancery; advising, negotiating, and
completing, under your directions, and realizing the pro-
ceeds of various contracts for the sale of the same stocks,
consisting of consols, bank stock, and three per cent. re-
duced annuities, sold at different periods and in different
parcels; attending. payment and receipt of balances, divi-
dend, and the respective transfers to the various purchasers
of the same; obtaining, verifying, arranging, packing,
and securing for shipment 104,960 sovereigns, being the
amount of proceeds of the Smithsonian fund, (less pre-
miums of insurance, charges, and expenses ;) contracting
for freight; entering and clearing at the custom-house ;
shipping and effecting insurance *at the five principal
offices, and with thirty-two private underwriters at
Lloyds.

Commission at # per cent__-_-___-- £797 15s. 6d.

Tuomas ASPINWALL.
Lonpon, July 17, 1838.
Lonvon, July 17, 1838.
Received of the honorable Richard Rush the within-men-
tioned sum seven hundred and ninety-seven pounds fifteen
shillings and sixpence sterling, (£797 15s. 6d.) for which I
have credited in my accounts, and also signed this and a
duplicate receipt of the same tenor and date.
£797 lds. 6d. THomas ASPINWALL.

Lonpon, July 13, 1838.
The Honorable Richard Rush to William Brown.

£ os. a.

To unpacking and repacking 14 packages, at 2s. 6d. _--_-___- Sa
cord ‘and nails:for mending, doj2-22222- 5288 auto 2 see ses 8 6 iy
£118 6 if
== —
Paid 14th July, 1888. WILLIAM Brown. ¥
A true copy original in Thomas Aspinwall’s account. i

JaMrEs M. CuRLEY. i

SMITHSONIAN BEQUEST. 105

(No. 2.)
JuLy 138, 1838.
Account of charges on 14 packages, marked ‘‘ the United States,” Nos. 1 to
14, shipped on board the ship Mediator, Christopher H. Champlin, master,
by order of the Honorable Richard Rush, for account and risk of the Gov-
ernment of the United States.

oo) Side
Wartareiand porterape)s 2-2 222-2 2 oes oe ee to 1 O06
DAC EEG GAN NS EI a ee Ee ee a
Mocks duces. 2s Ssee sell ee eet eee 15 10
MB bla Ok; ladiim oro os See oe es ee eS ee 3 6
dUpacking-cases(@Noy 14) 2228 oo oS SS ee ee 3 6
Shipping, entering, and clearing 14 packages, at 2s. 6d.______ 115 0
Cordiand nail sttorsmendingydos sae eee ee eee en G
* Unpacking and repacking do., and cording, mending, and
Secure alee Gd seach =o 62 2 25 55 So kT oo 115 0
£619 4

Received the above amount in account with Mr. Rush.
THoMaS ASPINWALL.

Mediator, Champlin, New York.

T. ASPINWALL.
British coin for and on account. Entry, 5s. 6d.

THOMAS TANNER.
Witness: JAMES M. CURLEY.

JuLy 17, 1888.

When paid to be immediately, exhibited at the Department, where this
bill has been made out ; by which business will be materially expedited.

St. Catharine Docks, No. 1872, wharfage book, outwards.
Mr. ASPINWALL, DRr., TO THE ST. CATHARINE Dock CoMPANY.

N. B.—The amount of these charges to be paid to the collector, who is
the only officer authorized to receive money on account of the company.

1838. Per Mediator— Gis. d.
July 17, [A] 1 to 10, wharfage and shipping, 10 cases, at 2s... 1 0 O
ats do. do. Mcaisevatvlen em 0) i iO
ede 0
(One pound one shilling.)
JULY 17, 1838.
Received, H. WuHarton, Collector.

Witness: JamMeEs M. CuRLEY.
(Entered schedule. )

The invoice having necessarily been made up before the cases were actu-
ally shipped on board, the usual charge of ten shillings was inserted there-
in; and it was not ascertained, until after they were shipped, that a differ-
ence was made with respect to bullion; amounting, in this instance, to
eleven shillings, which has not been paid by Mr. Rush, but by Thomas
Aspinwall, and by him relinquished.

*In consequence of the very loose and careless manner in which the boxes
were originally packed, and of the damaged state of the packages, this charge
was unas oidably incurred to prevent the contents from being ground to pieces,
and lost on the passage to the United States.

106 SMITHSONIAN BEQUEST.

T. ASPINWALL, Esq., TO BULLION PorTERs, Dr.

1838. Lends
July 16. 11 boxes and packing sovereigns, at 3s. 6d.----_--_- 1186
105 bags for sovereigns, at 6d, ---------------------- 212 6
For packing and marking-------------------------- 2) 16
£4138 6
Paid: C. HARDINGHAM.
Witness: JamrEs M. CURLEY.
CoLonEL ASPINWALL TO Mrs. CLARK, Dr.
1838.
July 17. For cartage and porterage of eleven boxes of
bullion from the bank to the St. Catharine’s
LOC Bra a a 8 shillings.
Received : HENRY X PoTTER.

Witness: JAMES M. CuRLEY.

Invoice of eleven boxes of gold coin, shipped on board the ship Mediator, of
New York, Christopher H,. Champlin, master, bound to New York, by
order of the Hon. Richard Rush, and for the account and risk of the
United States.

£ Sade
A 1to 10. Ten boxes, each containing £10,000, (sovereigns)_100,000 0 0
11. (‘One box containing 2a ee eee ee 4,960 8 7
Charges. - 104,960 8 7
£38) ed
105 bags, at 6d. each 2 ===22 eee oeae 212 6
1d boxes’ iat. 3s., 6d.ceacht #222 eee 118 6
Packing and.marking js 22-263 sea ee 2 6
Porterage ‘and cart hiress2se2 ps 22222 ee 8 0
Bills offlading' 2 S222 ee Se aaa eee 3 6
Entry 59. 6d., dock charges 10s. .-.--_-==---- 15 6
6, 0.6
Insurance on £106,400, at 3 per cent__------- 582 0 0
Policies and stampidutiess.-= == -o=237 2 a eee 67 8 4
—_—- 599 3 4
£105,565 12 5
THOMAS ASPINWALL.
Policy and duty.
£ £ Saowds
Insured with the Indemnity --.---.---------- 30,000, for 150 18 15 0
Insured with the London Insurance ___----_~- 10,000, for 50 6 5 0
Insurance with the Alliance -...---------_--- 20,000, for 100 LZ LOeO
Insured with the Royal Exchange_-_-_-_____- 15,000, for 75 i. a6
Insured with the Marine Insurance__---____-- 10,000, for 50 6 5 0
Insured@atDloyd’s:: "= s3_ =. 2 = eee ee 21,400, for 107 14 010

£106,400 £5382 £67 3 4

Mrm —The sovereigns are packed in bags of 1,000 each, with the excep-
tion of one, in case No. 11, which contains 960 sovereigns and 8 shillings
and 7 pence wrapped in paper; each case being sealed with two seals.

JULY 16, 1888.

107

SMITHSONIAN BEQUEST.

6 L OLg'90IF € L 0L8'901F
Q 0 006 “seeee seserereseeevesreel“STOSUOD ‘JUD Zod F ‘G00 “09% UO PodAleI0ed PUSPTAIP JO JUNOUIB OT,
& Olt F ee eames (81809 Jo 8890 X90) *sdO}TOTIOS aq} Aq pouinjol JUNOUIB OF,
if & C&L cece cane caseterteasanstesnsasaeasices caunseanerenteeeesseet = KTOOUBIO JO INO OU)
jo aiouea JuB{UNODOG VY} WOI POALIIAI YSvO JO 9dUTIVG OF,
OFF F628) |= ad
0 9 & aes
98 e Og res canes - Selo yo1g
oO 2 es So0J JaJSUBLI,
‘po ‘SOL Thecenescereceeseveesere TOTS UGA) JOY sdurvjg
0 OT 965'3SF 0 0 GOl'niy
0 ST z98‘9 ‘op 0 0 01's
0 0 0&2 OL ‘op 0 0 0002
0 @ 9FI'9 ‘ ‘op 0 0 0008
, 0 OT 182'01 SEER RR RHEE E REE ROE O EERE OOOOH TEER oeewne $2502 4B pros yoo4s yurq 0 0 000 gc
F008 20
0 0 2% Saeae
0 0 06 eussees colcsscceversencsewececcceses es GOUIO SOC
DO) *S() Breet etnenenestene ae serses recente TOTS UBALT,
0 0 sgr‘z9
c CI egg‘cor sree TT MOO *kdoo aod SB *10} ‘ SOR Ree ewe renee SH eeeeeeeneueee se neeeee eB . gon ot . uao Jed > ‘
-eypan ey} pxsoq uo peddrys 00 Ost pid oars “peoabea & 0 0 000'sI
dads JO BdjoAuy jo JunOUIBs Aq 0 0 &L1'93 * PUIPLATP *XO mae plos ‘sjosuoo ‘yueo aed ¢g 0 0 00009
P 619 Mean aabotsouse erste: UAL tpg “wLt 16247 |— 80g
-010Y 'Z'ON JUN0DN8 Jad s@ ‘104 9 8I¢
-vIpeT{ oud pivoq uo poddtys QUn STG) soma reoees besetessecseen coe oie ereeeeeeees 9B ULOHOLT
sosvyord FI uo pred sosavyo &q ‘pO 's¢. OF s teaser econeeveesesseneerreeseeroees TOTSU BIT,
"pg *sg] LOLY. . Gan eta see etn eeeersessesees WTANa.04 “po "SOT LO3'EF Pee ee tera es ceeeee tee ve seeeces YGt6 V8 plos ‘sjosuoo "qua0 rod g ‘6 "SRI geg' ty
TON 3Un0008 Jod sv ‘sadTAes IZIA ‘SMOT[OJ 8B ‘plOs puvB Aso nea JO qanoo Waly
SLLOJIVA 10s pred UOTSsTUIMMOD AG oy} JO sa1d00p B AQ WY O} PAIIOJSUBI] SYOO}S SULMOT[OJ OY} LOM

up “PUN UDIUOSYPUG YUN PUNDIIP Ws YSN pLoyouey “Ud

108 SMITHSONIAN BEQUEST.

Schedule of the personal effects of James Smithson referred to in
: the bill of costs.

A large trunk ;

A box containing sundry specimens of minerals, marked E ;
A brass instrument ;

A box of minerals, marked F ;

A box of chemical glasses, marked G;

A packet of minerals, marked H;

A glass vinegar cruet ;

A stone mortar ;

A pair of silver-plated candlesticks and branches;

A pair of silver-plated candlesticks, no branches ;

A bone in a mahogany case;

A plated wire flower-basket ; ¥
A plated coffee-pot ; °
A plated small one;

A pair of wine-coolers ;

A pair small candlesticks ;

Two pair of saltcellars ;

A bread-basket ; :

Two pair of vegetable dishes and covers;

A large round waiter ;

A large oval do. ; two small do. ;

Two plate-warmers ;

A reading-shade.

Sundry articles in packet and in trunk.
(a) A gun;
a) A mahogany cabinet;
a) Two portraits, in oval frames.

China tea service, viz:

(a) Twelve cups and saucers ;
(a) Six coffee cups ;
(a) A tea-pot;
(a) A slop-basin ;
a) Sugar-basin and lid;
(a) Two plates ;
(a) Milk-jug ;
(a) Tea canister ;
(a) Two dishes ;
(a) A landscape, in a gilt frame ;
(a) A Derby spa vase ;
(a) A China tub; .
(a) A piece of fluor;
(a) A pair of glass candlesticks ;
A marble bust.

.

Books.

Sundry pamphlets on philosophical subjects, in packet marked A;
The like, marked B;

Strugg'es Through Life;

Bibliotheca Parisiana;

La Platina l’Or Blanc;

Contorides des Indiens ;

Sundry pamphlets on philosophical subjects, marked O;

Weld’s Travels in North America, 2 vols;

Bray’s Derbyshire ;

SMITHSONIAN BEQUEST. 109

Twenty-three numbers of Nicholson’s Journal of Natural Philosophy,
in a case, (D ;)

Memoire d’un Voyageur qui le répose ;

Hamilton in Antrim ;

Londres et de ses Environs ;

Stew on Solids;

Essais de Jean Key ;

Mon Bonnet de Nuit;

Domestic Cookery ;

Catalogue de Fossils des Roches ;

The Monthly Review, 78 Nos. ;

The Monthly Review, 26 volumes ;

Philosophical Transactions for the year 1826;

Anthologies et Fragments Philosophiques, 4 volumes ;

Two large boxes filled with specimens of minerals and manuscript trea-
tises, apparently in the testator’s handwriting, on various philosophical
subjects, particularly chemistry and mineralogy ;

Eight cases and one trunk filled with the like.

Those articles to which this mark (a) is prefixed were not in the trunk
No. 18 when it was first opened in the consulate of the United States in
our presence.

All the linen in trunk No. 13 was transferred from case 7, and sundry
articles of plated ware and philosophical instruments, &c., were transferred
from case 12. Sundry books, which were tied together, were also put in
this case.

Richard Rush to John Forsyth.

Harzor oF New York, August 28, 1888.

Sir: [have the, honor to report to you my arrival here
in the ship Mediator, with the amount in gold of the Smith-
sonian bequest recovered for the United States.

The expenses, of every kind, incurred by closing the
business in London and shipping the gold, were paid there ;
but I have still to pay freight here and primage, and also
some other small charges incurred on bringing over the
Smithsonian boxes and trunks heretofore mentioned. When
everything is fully paid, there will be left in my hands, as well
as I can now compute the amount, upwards of £104,500;
the whole is in sovereigns packed in boxes.

The money being consigned to no one here, | must con-
tinue to hold it in my custody until 1 can receive your in-
structions to whom to deliver it, as provided for by the act
of Congress of the Ist of July, 1836.

I have the honor to remain, in the meantime, your most
faithful and obedient servant,

RicwarpD Rusu.

Hon. Jonn Forsytu, Secretary of State.

110 SMITHSONIAN BEQUEST.

Richard Rush to John Forsyth.

New York, August 29, 1888.

Sir: On landing from the ship yesterday morning, I re-
ceived the official letter of the Secretary of the Treasury,
dated the 20th of July, which had been waiting my arrival
here, instructing me to transfer the Smithsonian fund to
Philadelphia, to be deposited with the Treasurer of the
Mint, to the credit of the Treasurer of the United States,
taking duplicate receipts from the former, one of which to
be transmitted to the latter.

The ship has not yet got into the dock, but the gold shall
be sent on to Philadelphia, as soon as practicable, in the
eleven boxes in which it was packed at the Bank of England,
according to the instructions I have thus received from the
Secretary of the Treasury.

I have the honor to remain, with great respect, your obe-
dient servant,

Ricuarp Rusu.

Hon. Joun Forsytu, Secretary of State.

John Forsyth to Richard Rush.

DEPARTMENT OF STATE,
WasHIneTon, August 30, 1838.

Srr: I have the honor to acknowledge the receipt of your
despatch No. 30, of the 28th instant, announcing your ar-
rival in the harbor of New York, with the Smithsonian
bequest in gold. With regard to the disposition to be
made by you of these funds, you no doubt will have learned,
upon landing, that your request had been anticipated by in-
structions to you from the Treasury Department, intrusted
to the care of Mr. George Newbold, president of the Bank
of America.

Tendering to you my congratulations on the success of
your mission, and on your safe return to your country, I
am, sir, respectfully, your obedient servant,

Joun Forsytu.

Ricuarp Rusu, Esq., New York.

Riehard Rush to John Forsyth.

PHILADELPHIA, September 4, 1838.

Sir: I was yesterday honored with your letter of the 30th
of August, acknowledging my No. 30 from the harbor of

SMITHSONIAN BEQUEST. 111

New York, and tender my thanks for your kind congratu-
lations on my return to my own country, and on the success
of the public business confided to me. Your letter went on
to New York, as directed, but was returned; and [ received
it at my home, near the city.

My No. 31, written after [ had landed, will have informed
you that [ had then received the instructions of the Secretary
of the Treasury to which your letter refers, and I have since
been in correspondence with him. Owing to the delay in
getting the ship into the dock, I was not ‘able to leave New
York with the gold until the first of this month, when !
arrived with it, accompanied by two agents from the Bank
of America, that institution having, at the request of the
Secretary of the Treasury, obligingly afforded me every
facility in its power towards the business [ had in hand. [
did not, however, feel at liberty to withdraw my own per-
sonal superintendence from the operation of transferring the
gold, until I saw it deposited at the Mint. Thither I imme-
diately had it conveyed on reaching this city on the ist in-
stant, the director and Treasurer of the Mint having been
in readiness to receive it under the previous information of
its intended transfer, which I had requested the bank to
transmit. The entire sum contained in the eleven boxes
which I delivered to those two officers of the Mint on Satur-
day, was £104,960 8s. 6¢d.—the whole in English sovereigns,
except the change; and I have now the satisfaction of in-
forming you that official receipts of this amount from my
hands have been forwarded to the Treasury Department.

The excess of this sum over that which I had computed
in my No. 30 as the probable amount to be left in my hands,
arises from the president of the bank having undertaken,
at my suggestion, to pay the freight and other shipping-
charges due at New York; the bank to be repaid by the
Treasury. The freight was three-eighths of one per cent.—
this being the usual charge in the packet-ships—and came
to £393 12s. Primage was £19 13s. 8d.; and the charges
on bringing over the Smithsonian boxes (left in the custody
of the collector, from whom I had every facility on landing)
were to have been £3 8s. 5d., or thereabouts.*

It seemed to me that it would be best for the bank to pay
all these charges, as the most convenient mode of settling
without delay with the ship-owners, to whom I had become
responsible by my engagements with the captain in Lon-

* There proved to be fourteen of these boxes, the additional one contain-
ing a picture, of which I had not heard at the date of my No. 28.

112 SMITHSONIAN BEQUEST.

don; and I have the hope that this course will meet the
approbation of the Secretary of the Treasury and yourself.
It left the gold, as secured in boxes at the Bank of Kngland,
untouched at New York; and I had caused the seal of our
consul at London to be affixed to each of them.

Somewhat worn down by fatigue since coming on shore,
after an uncomfortable voyage of squalls, gales, and head
winds, I venture to ask a little repose at my home before
proceeding to Washington, for the purpose of making out
and rendering to you an account of all expenses that have
attended the final recovery of this fund, of which the United
States, by the information I give you in this letter, are now
in possession. In the course of the next week I shall hope
to proceed to Washington, with the view stated; and in
order that, my account of the expenses being found satisfac-
factory, which I presume to hope will be the case, I may
ask to be discharged from all further responsibility under
the trust I have been performing. The net amount, in dol-
lars, of the fund as I delivered it over to the United States
at the Mint, was found to be five hundred and eight thou-
sand three hundred and eighteen dollars forty-six cents,
($508,318,46,) as specified in the receipt given to me for it
by the treasurer of the Mint.

I have the honor to remain, with great respect, your
obedient servant,

RicuarpD Rusu.

The Hon. Joun Forsytu, Secretary of State.

Richard Rush to John Forsyth.

PHILADELPHIA, September 11, 1888.

Sir: I yesterday received a letter from the Secretary of
the Treasury, dated the 7th instant, stating it to be desirable
that the expenses attending the transfer of the Smithsonian
fund to this country, and its deposit at the Mint, should be
ascertained as early as practicable, that the accounts in re-
lation to it may be adjusted with a view to the investment
of the balance, and asking my attention to the subject at
my earliest convenience.

In reply, I had the honor to inform the Secretary that 1
could not make out a statement of the expenses, as far as
then ineurred, before embarking at London with the gold,
the documents relating to them not being obtainable until
the last moments of my stay; besides that, the whole opera-

SMITHSONIAN BEQUEST. 113

tions of selling the stock in the English funds, in which Mr.
Smithson’s fortune was invested, and afterwards shipping
the gold, required and had my constant supervision until I
saw the latter finally deposited at our Mint, in fulfilment of
his instructions; that, having suffered greatly from sea
sickness during the voyage, added to fatigue after landing
in a weak state at New York, where the care of the gold

still required my personal superintendence, I had been
unable hitherto to prepare a statement of the expenses in
question, but that I was now regaining strength and intended
to set out for Washington on Saturday, at farthest, if then
able, as at present I had reason to hope would be the case.
J added, that I supposed a settlement of my account could
be effected more satisfactorily and promptly by my presence
with the accounting officers at Washington than by any at-
tempt to make it out here, and transmit it by letter, which,
it may be, might lead to writing backwards and forwards
before a final adjustment took place; of which correspond-
ence I have the honor to inform you, and to remain, with
great respect, your obedient servant.

Ricuarp Rusu.
Hon. Joun Forsytu, Secretary of State.

Richard Rush to John Forsyth.

Wasuineton, September 15, 1838.

Sir: Lam now to give youastatement of all the expenses
that attended the recovery of the Smithsonian bequest for
the United States.

It may be in order first to mention the whole amount of
etock and money that came into my hands from the court
of chancery, or otherwise.

I received of English Government stock £64,535 18s. 9d.
in consols, £12,000 in reduced three per cent. annuities, and
£16,100 in bank stock of the Bank of England, as heretofore
mentioned in my No. 26, and will now be seen by the original
order or decree of the court, which I enclose, (marked A.)
This document I could not obtain until the 11th of July,
when I received it with the letter of the solicitors of that
date, also enclosed, (marked B.)

On the 11th of June I received from the accountant gen-
eral of the court of chancery £725 3s. 7d. This was “the
sum remaining to be paid to me, after previous payments to
others, out of cash in hand appertaining to the Smithsonian

8

114 SMITHSONIAN BEQUEST.
‘

fund whilst in the custody of the court, as will be seen in
the concluding part of the decree. That this was the exact
residue coming to me, will be further seen by an explana-
tory letter from the solicitors of the 5th of July, also en-
closed, (marked C,)and more authoritatively by a-document
(marked D) from the books of the accountant general of the
court, sent to me by the solicitors, with their letter of the
11th of July. This document, besides verifying in its own
forms the amount of stock and money I have otherwise
stated myself to have received, also verifies the statements
in my Nos. 26 and 28, as to the sums awarded to Madame
de la Batut, the arrears to John Fitall, and the money de-
ereed as warchouse rent for the boxes containing the per-
sonal effects of Mr. Smithson, which I brought over and
delivered into the custody of the collector at New York.
It is a document founded-on the decree of the court itself,
and shows in more detail how its judgments were ful-
filled.

I received on the 12th of July £900 at the Bank of Eng-
land, being the dividend due on the consols I had sold, as
mentioned in my No. 29; and, lastly, I received from the
solicitors £116 2s. 2d., being money returned by them out of
what I had paid them for costs on the 8th day of April, 1837,
viz: £200 4s., as reported in my No. 14. The following is
the explanation of this item: When I paid them this sum,
I fully expected to pay all further costs out of the same
fund, then in my hands, that Congress had appropriated for
that purpose; but it appears that, on the termination of the
suit in favor of the United States, the costs of all parties
were paid out of the corpus of the fund; nor would the court
award the fund to the United States, as may be seen by the
decree, until all costs were accordingly first taken out of it,
which‘the court judged it proper the fund itself should
bear. I knew not of such a rule which the solicitors advert
to in their letter of July the 5th, until a short time before
the decree was pronounced. The total amount of their
costs, as made known to me in the same letter, and set out
in detail in a voluminous bill, which I enclose, (marked E,)
and to which I caused their affidavits to be annexed, was
£490 4s. 10d. The court adjudged £406 3s. of this sum to
be paid to them out of the fund, as their taxed costs, which,
added to what I had previously paid them, made £606 7s.
The difference between this and £490 4s. 10d. being £116
2s. 2d., they refunded the latter sum to me. Their total
bill, (considering that it included all fees paid by them
under my direction to the counsel, and all costs and charges

SMITHSONIAN BEQUEST. 115

of every description from the beginning to the end of the
suit, with some small extra charges, to which their letter
refers, which I also authorized, to ensure a speedy and suc-
cessful termination of the suit,) and considering the magni-
tude of the suit, was, in my judgment, and in that of others
better informed, to whom I submitted its amount, extremely
moderate. I hope it will be thought to show care on my
part to keep all those charges low, that often are run up to
amounts so enormous in English chancery proceedings;
and, let me add, as in justice I am bound to do, to show
more strongly that the solicitors I had to deal with were
honorable and just men.

I did not consider these refunded costs as belonging to
the legacy fund recovered, but I threw them into it when
the general gold was obtained, that all might be safely kept
together, and come under one insurance.

The gross amount yielded by all the stock I sold, inc!ud-
ing the £900 I received as the dividend on the consols, was
£105,649 6s.

For the prices at which I sold the different parcels and
kinds, I beg to refer to my Nos. 27 and 28, which detail
the commencement, progress, and conclusion of the sales.
This sum, added to the £725 3s. 7d. received from the ac-
countant general of the court of chancery, and the £116 2s.
2d. returned to me by the solicitors, will show that the
entire sum that came into my hands was £106,490 11s. 9d.

IT am next to inform you of the expenses that attended
the sales of the stock, and shipping and bringing over the
gold to this country.

After I had finally recovered the legacy from the court
of chancery, it did not seem to me prudent that I should, by
myself alone, undertake the sales of the stock awarded,
and delivered to me by its decree, any more than the ship-
ment of the gold, into which the money was afterwards to
be converted; these ulterior operations being usually con-
ducted through mercantile agencies, and being of a nature
not to be advantageously, if safely, conducted without them.
Feeling inadequate, in my own person merely, to the man-
agement of such operations, my first intention was that the
sales of the stock, as a highly important- part of them,
should be put under the direction of some experienced mer-
cantile or banking-house in London, familiar with the modes
of doing business on its great stock exchange, and self-con-
fident in the measures to be taken. But I found that to
put this operation into such hands would incur a commision
of one per cent. on the entire fund, as mentioned in my No.

116 SMITHSONIAN BEQUEST.

27, in addition to brokerage and other charges, such as the
expenses on transfers and stamps; besides that, I should
have had to part with the possession of the stock to such
mercantile or banking-house whilst the sales were going
on. I was also given “to understand that this latter step
would probably lay a foundation for a further mercantile
commission on receiving and paying.

Weighing all these circumstances, I came to the conclu-
sion to’ keep the operation of selling the stock in my own
hands. Nevertheless, I felt, as already intimated, that I
could conduct it with neither skill nor safety unless under
the counsel and co-operation of a person well informed in
these matters, and trustworthy. To the consul of the
United States in London I applied as to such a person, and
received from him, as my No. 27 informed you, this aid and
co-operation, in the fullest and most efficient manner, daily,
throughout the months of June and July, until all the sales
were effected; and effected, I may be allowed to add, with
favorable results not to have been surpassed, as I have
already reported to you, and as the public records of the
London stock market on each of the days that I sold will
attest. Into his hands I also put the other mercantile busi-
ness necessary to the shipment of the gold. These included
the obtaining, verifying, arranging, packing, and securing
it for shipment, contracting for freight, entering and clear-
ing at the custom-house, effecting i insurance, (which was
done at five principal offices and with thirty-two private
underwriters,) and, finally, shipping the gold. For these
services, of whatever kind, (and I. had many incidental
ones from him, not here enumerated,) I allowed and paid
him a commission of three-fourths of one per cent. which
amounted to £797 15s. 6d.

T speak from good information when expressing a belief
that an equal amount of assistance and services to me,
under all the heads rendered, could not have been com-

manded through the usual agency of banking and com-
mercial houses, on so heavy and responsible a moneyed
operation, at a "less charge to the fund than a commission
of from two to two and a half per cent. on the whole
amount of it; and that this falls below rather than goes
beyond what it might be expected to have been.

I enclose the consul’s account, signed T. Aspinwall,
together with his voucher for a charge of £6 19s. 4d. for
ee paid by him on shipping the fourteen Smithsonian

oxes.

The premium for insurance was one half of one per cent.,

SMITHSONIAN BEQUEST. TL.

and amounted, with the expense of stamps and polices, to
£599 8s. 4d. The statement of this, as paid for me by the
consul, will be seen in the enclosure, (marked “ Invoice,’’)
on which are also certain items, as dock charges, charges
for bills of lading, and some other things, amounting in
all to £6 Os. 6d., accompanied by vouchers. I also enclose
the policies of insurance.* ‘The insurance covered all com-
missions and charges paid in London, so as to have made
the United States entirely whole in case of loss. This I
directed, thinking it most prudent.

The expenses on selling the stock, viz: brokerage, charges
on the transfers, and charges for stamps, were £120 4s. 6d.
These will be scen in my account, marked among the en-
closures R. k.

The several expenses above enumerated, viz:

Ist. The consul’s commission of £797 15s. 6d., and
charges £6 19s. 4d.

2d. The premium of insurance, stamps, and policies, viz:
£599 3s. 4d., with the charges £6 Os. 6d.

And 3. The expense of selling the stock, viz: £120 4s.
6d., deducted from the gross amount of moneys that came
into my hands, viz: £106,490 11s. 9d., will leave £104,960
8s. 7d., which was the precise sum in gold I brought over
in the eleven boxes, and, under instructions from the Secre-
tary of the Treasury, deposited at the Mint in Philadelphia,
on the Ist instant, to the eredit of the Treasurer of the
United States.

The foregoing is the statement I have to make of the ex-
penses. I presume to hope that they will not be thought
objectionable, but, on the contrary, moderate under all the
heads. If I have been somewhat minute in explaining
them, it is for the better understanding of the different ac-
counts and documents enclosed, trusting that this will be
my excuse when about to surrender up a trust where so
much pecuniary responsibility has devolved upon me.

In regard to the 14 boxes containing the personal effects
of Mr. Smithson, it will be perceived that the letter of the
solicitors, of the 5th July, mentions that they had sent me
alist of them. They did so, and I enclose it, (marked F.)
It is proper to remark, that this list refers to but one of the
boxes, or rather to a trunk, as their letter specifies, and it
proved to be erroneous. I preferred that all these boxes,
and the trunk, should be first opened at the consulate, in

* It has been deemed unnecessary, at the Department of State, to com-
municate copies of the several policies of insurance above referred to.

.

118 SMITHSONIAN BEQUEST.

presence of the consul and others, who might aid me in as-
certaining their contents. When the trunk was opened,
several of the articles down upon the list were not init. I
mentioned this to the solicitors, and it produced the explan-
atory letter from them of the 13th of July, which I enclose,
(marked G.) All the rest of the boxes were filled with
things of little intrinsic value, as far as a mere superficial
inspection of them, pressed upon me on the eve of my em-
barkation, could determine. They seemed to be chiefly old
books, pamphlets, manuscripts, and some philosophical or
chemical instruments. Of the whole contents, (such as they
were,) all were left as we found them, except to have been
repacked, with the aid of the consul and his assistants, and
put in a better state for crossing the sea than they were
when delivered tome. When first opened, it was evident
that time, mould, and careless packing in the first instance,
had nearly destroyed many of the articles.

The freight payable on the gold was not paid in London,
not being due until the arrival of the ship at New York;
but the consul agreed with the captain for three-eighths of
one per cent., which brought the amount to £393 12s.
Primage was £19 13s. 8d.; and the freight and primage on
the 14 Smithsonian boxes was to have been £3 8s. 5d.
These several charges I was necessarily obliged to assume
for the United States, and engaged to pay them when the
ship got to New York. On arriving there, I received the
instructions of the Secretary of the Treasury, of the 20th
of July, directing me to transfer the gold to the Mint at
Philadelphia as soon as practicable ; it being added that the
president of the Bank of America at New York had been
requested to render me any facilities in his power. The
captain of the ship being content to take the bank as pay-
ment for these last-mentioned charges, I thought I should
best consult the spirit of the Secretary’s instructions by
leaving the bank to pay them, which its president expressed
an immediate readiness to do. I supposed it could make
no difference to the Government, in the end, whilst it saved
the necessity of opening one of the boxes of the gold at
New York, out of which fund alone I could have made the
payment if demanded of me under the engagement I had
contracted. The bank may have further charges to make
for its aid to me otherwise in removing the gold to the Mint,
but I know nothing of them in detail.

Referring, therefore, to that part of the Secretary’s letter
to me of the 7th instant, which I mentioned in my No. 33,
asking a statement of expenses attending the transportation

SMITHSONIAN BEQUEST. 119

of the gold after its actual shipment at London, and its
transfer to the Mint at Philadelphia after its arrival at New
York, I beg to offer the above explanation, having paid
nothing myself.
I have the honor to remain, with great respect, your obe-
dient servant, RicHarp Rusu.
Hon. Joun Forsytu, Secretary of State.

John Forsyth to Levi Woodbury.

DEPARTMENT OF STATE,
Wasuineton, September 18, 1838.

Sir: I have the honor to transmit, herewith, two letters
from Mr. Richard Rush, Nos. 34 and 35, with the papers
which accompanied them, in relation to the amount re-
covered of the Smithsonian legacy, and the expenses attend-
ing the recovery, and the transmission of the proceeds to
this country.

Tam, sir, your obedient servant,
JOHN Forsytu.

Hon. Levi Woopszury, Secretary of the Treasury.

Edward Stubbs to Stephen Pleasonton.

DEPARTMENT OF STATE,
Wasuineton, September 24, 1838.

Srr: Iam directed to transmit to you, for settlement, the
enclosed account of Mr. Richard Rush, and a letter from
him (No. 36) accompanying it. The balance which may be
found due to Mr. Rush he wishes to have remitted to him.
The compensation and allowance for expenses are to be up
to the period charged in the account, (the 20th instant.)

It is presumed that the amount repaid to Mr. Rush by
the solicitors in London, mentioned in his letter, (£116 2s.
2d. sterling,) which was paid into the Treasury, together
with the avails of the Smithsonian legacy, will be brought
to the credit of the appropriation from which it was origi-
nally taken, and thus form a fund from which the balance
due to Mr. Rush can be paid. The papers explanatory of
this circumstance have been transmitted, together with the
account of the legacy, to the Treasury Department.

Lam, sir, your obedient servant,
Epwarp Stupgs, Agent.

STEPHEN Pieasonton, Esq., Fifth Auditor.

120 SMITHSONIAN BEQUEST.

Levi Woodbury to the President.

TreAsuRY DEPARTMENT, Dec. 8, 1838.

Str: [have the honor to report to you that, under the
act of Congress approved Ist July, 1836, in relation to the
legacy bequeathed to the United States by James Smithson,
the sum of $508,318.46 has been received, and paid into the
Treasury of the United States.

In compliance with the provisions of the sixth section of
the act of Congress for the support of the Military Academy
of the United States, and for other purposes, approved 7th
July, 1838, the sum of $499,500 has been expended in the
purchase of five hundred bonds of the State of Arkansas,
for one thousand dollars each, bearing six per cent. interest,
payable semi-annually, on the first days of January and July
in each year, from the fourth day of September last, (the
period of their purchase.) The further sum of $8,270.67
has been applied to the purchase of eight bonds of the State
of Michigan, bearing six per cent. interest, payable semi-
annually hereafter, on the first Mondays in January and
July, from the Ist of May last. The interest on all these
bonds is payable at the city of New York.

There is still left in the Treasury the sum of $547.79
which has not yet been invested, but will be as soon as a
favorable opportunity offers.

The amount received in London by the agent of the
United States, under the decree of the court of chancery
of England, was the gross sum of £106,490 11s. 9d., includ-
ing the sum of £116 2s. 2d., for costs refunded. This was
reduced, by the payment of commissions, insurances, &c.,
to the sum of £104,960 8s. 9d., which was brought into the
United States in gold, and produced at the Mint the sum of
$508,318.46, before mentioned.

This department having doubts as to what constituted the
amount of the Smithsonian fund, consulted the Attorney
General, and he has given his opinion (hereto annexed, A,)
that the proper construction to be given to the legislation
of Congress on this subject requires “that the gross amount
of the payment made to the agent of the United States,
after deducting the costs refunded, as before stated, shall
constitute the fund, ‘Cand all expenses, of whatever kind or
nature, should be paid out of the appropriation made by Con-
gress.” That appropriation, however, not being suflicient, an
estimate will accordingly be submitted to the House of Rep-
resentatives, to enable the Department to comply with the

SMITHSONIAN BEQUEST. 121

acts of Congress referred to, in accordance with the con-
struction thus given to them by the Attorney General.

The estimate to be submitted is for $10,000. Of this, the
sum of $128.24 will be required to make good a deficiency
in the former appropriation. The sum of $6,848.12 will be
required to be added to the fund, on the principles laid
down by the Attorney General. This sum is estimated on
the same ratio as upon the amount produced in the United
States on the remittance which has been received. The bal-
ance, $3,023.64, will be required to pay the freight, &c., of.
the remittance amounting, to $2,235.63, and such expenses
as may be incurred in disposing of the personal effects of
Mr. Smithson, which have been brought tothe United States ;
for the sale of which I would suggest that provision should
be made by Congress.

This report is sabmitted to you, in compliance with the
resolution of the House of Representatives, which you re-
ferred to this Department for the necessary information
that its archives would furnish in relation to the call thus
made upon you.

Respectfully submitted :
Luvr Wooppury,
Secretary of the Treasury.
To the PresipEnt of the United States.

aa
Feliz Grundy to Levi Woodbury.

ATTORNEY GENERAL’S OFFICE, November 16, 1838.

Srr: I have the honor to acknowledge the receipt of yours
of the 11th of October last, requesting my opinion upon
various points in relation to the Smithsonian legacy. A
separate answer to each of your inquiries is deemed un-
necessary, as the opinion I entertain, and am about to ex-
press in general terms, will be found to cover most of them.

James Smithson, of London, on the 23d of October, 1826,
executed his last will and testament, by which, upon the
happening of certain contingencies, he bequeathed to the
United States of America all his property, to found at
Washington, under the name of the Smithsonian Institu-
tion, an establishment for the increase and diffusion of
knowledge among men. The Congress of the United
States, by an act passed Ist of July, 1836, accepted the
bequest, and directed the President to appoint an agent to

122 SMITHSONIAN BEQUEST.

assert and prosecute the claim, and by said act pledged the
faith of the United States to apply the moneys and other
funds which might be received to carry into effect the pro-
visions of said will; and, by the fourth section of said act,
it is provided, “that to the end that the claim to said be-
quest may be prosecuted with effect, and the necessary
expenses in prosecuting the same be defrayed, the President
of the United States be, and he is hereby, authorized to
apply to that purpose any sum not exceeding $10,000,” &e.

From these provisions it appears to me that Congress
intended that there should be no diminution of the funds
bequeathed for the purpose specified in said will, but that
the whole, whatever they might amount to, should be ap-
plied to carry into effect the intention of the testator; and
when the object of the bequest is considered, it cannot be
supposed that Congress would act in any other than a liberal
spirit.

My opinion, therefore, is, that the amount of the whole
money and other funds received by the agent of the United
States, under the act of July Ist, 1836, without reduction,
constitute the Smithsonian fund, for the purposes specified
in said Smithson’s will; and that the whole expenses of
prosecuting said claim, receiving, and transporting the same
to this country, including any additional expenses which
may have been incurred here, ought to be defrayed out of
the appropriation made by Congress.

It appears that cash and stocks, which, when converted
into money, amounted to £106,490 11s. 9d., were decreed
to the United States, as the amount of the legacy and be-
quest in said will. This sum, after deducting £116 2s. 2d.,
the amount of costs refunded, is the amount which should
be paid to the Treasurer of the United States, to be kept
and disposed of according to the provisions of the act of
July 1, 1836, and the sixth section of the act of July 7,
1838; and all expenses, of whatever kind or nature, should
be paid out of the appropriation made by Congress.

In relation to the disposition of the other personal effects
of Mr. Smithson, which have been transferred to this country
by the agent of the United States, my opinion is, that Con-
gress should direct the disposition of them.

I have the honor to be, sir, your obedient servant,

FELIX GRUNDY.

Ton. Levi Woopzury, Secretary of the Treasury.

SMITHSONIAN BEQUEST. 123

RESIDUARY BEQUEST OF JAMES SMITHSON.

From Report of the Secretary for the year 1861.

Information has been received from London of the death,
at an advanced age, of Madame de la Batut, the mother of
the nephew of James Smithson, to whom an annuity was
conceded as a compromise by the Hon. Richard Rush, with
a view to the more expeditious realization of the Smith-
sonian legacy. The principal of this annuity, amounting
to five thousand and fifteen pounds, (about $25,000,) will
now be added to the bequest of Smithson, of which it origi-
nally formed a part.

From Proceedings of the Board of Iegenis, May 1, 1862.

The Secretary gave an account of the circumstances con-
nected with the money left in England by Hon. Richard
Rush, as principal of an annuity to the mother of the
nephew of Smithson, and preset nted the following commu-
nications from Fladgate, Clarke & Finch, of London.

40 CRAVEN sae STRAND,
London, W. C., May 16, 1861.

Sir: We had the honor, in the year 1858, of acting pro-
fessionally for the President of the United States in the
suit in the English court of chancery, under which the funds
for the foundation of the Institution (of which we address
you as manager) were decreed to be paid over to him for
the purpose of establishing the Institution. We have now
to make to you as the manager thereof the following com-
munication :

On referring to the papers connected with the Institution
you will find that a sum of £5,015 three per cent. consols,
part of the estate of Smithson, the founder, were retained
in the court of chancery to answer a claim of one Madame
de la Batut. That person was, in fact, entitled to a life in-
terest in the fund, and at her death it was to revert to the
President as an additional fund for the purposes of the In-
stitution.

Madame de la Batut is now dead, so that the fund has
become transferable to the President, and it will be requi-

124 SMITHSONIAN BEQUEST.

site for him, or some person duly authorized by him, to
take the necessary steps to obtain a transfer.

We have had some communication with the solicitor of
the lady’s family, who writes as follows :

““ My client Mr. La Batut, upon taking out administra-
tion to his late mother, Madame La Batut, to whom Lieu-
tenant Colonel Henry Lewis Dickinson, by his will dated
17th July, 1819, gave half of the income of his property,
for her life, will be entitled to an apportioned part of such
income from the last payment, on the 22d March, 1858, to
10th September, in the same year, which would amount to
about £70.

“The property originally consisted of French 5 per cent.
rentes, payable 22d March, and 22d September, but by
order of the court a sum of £5,015 three per cent. consols
was invested in the name of the accountant general in this
suit, to the separate account of Mary Ann de la Batut, the
annuitant, to meet the payments of the life income. By
the law of France, the life income is apportionable and pay-
able up to the time of death, and Lieutenant Colonel Dick-
inson having been domiciled in France at the time of his
death, that law will apply to this case.

«Will you be good enough, under these circumstances,
to obtain the consent of your client in presenting a petition
as to the £5,015 and the arrears of dividends due thereon,
to ask for the payment to my client of the apportioned sum
out of such arrears, without obliging him to go to the ex-
pense of proving the law of France upon this subject. I
will hand you the necessary proof of death, the expense of
which can be included in the necessary costs of the appli-
cation.”

We should recommend that the request contained in this
letter be complied with.

We have the honor to be, sir, your most obedient ser-
vants,

FLADGATE, CLARKE & FINcH.

To the SmiruHsonran INSTITUTION,

Washington, U.S.

40 Craven STREET, STRAND,
London, W. C., October 26, 1861.
Sir: Your letter of the 14th August reached us in the
long vacation which has just terminated, and we hasten to
reply to it.
All that will be requisite to be done in the first instance
is, that we should have the authority of the President of

SMITHSONIAN BEQUEST. 126

the United States to present a petition for an order to
have the fund paid to him. On our obtaining this order, a
power of attorney will be sent out to the President author-
izing some person here to receive from the court of chan-
cery, and transmit to him, or to the managers of the
Smithsonian Institution, the fund in question.

Having in the suit, had the honor of acting for the Presi-
dent, it might be within our functions to present the petition
even without an express authority, but we did not deem it
right to do so without some communication with the Presi-
dent or with the managers of the Institution.

Of course, although the order might be obtained without,
the fund can only be dealt with on the signature of the
President.

We have the honor to be, sir, your very obedient ser-
vants,

FLADGATE, CLARKE & FINCH.

JosEpH Henry, Esq.,

Smithsonian Institution, Washington.

On motion of Mr. Trumbull, it was

Resolved, That the Secretary and Executive Committee
consult with the President of the United States and take
such action as may be necessary for obtaining the money
referred to in the communication from the solicitors in
London.

From Report of the Secretary for the year 1862.

A power of attorney has been forwarded from the Presi-
dent of the United States to Messrs. Fladgate, Clarke &
Finch, of London, authorizing them to collect the remainder
of the Smithsonian fund, which was left, by the Honorable
Mr. Rush, as the principal of an annuity to the mother of
the nephew of Smithson. The power of attorney was for-
warded to the care of Honorable Charles F. Adams, Ameri-
can minister to England, and the money, when collected,
will be deposited with George Peabody & Co., bankers,
London, subject to the order of the Institution.

From Report of the Secretary for the year 1863.

A part of the original bequest, amounting to £5,015, was
left by Mr. Rush in England, as the principal of an annuity
to be paid to the mother of the nephew of Smithson. The

126 SMITHSONIAN BEQUEST.

annuitant having died, a power of attorney was sent, in
November, 1862, to Messrs. Fladgate, Clarke & Finch te col-
lect the money ; but it has not yet been received. Although
the whole legacy was awarded to Mr. Rush in behalf of the
United States, after an amicable suit in chancery, various
objections have been raised to allowing the small remainder
to be sent to this country. These objections appear to be
principally of a technical character, and are scarcely com-
patible with an equitable interpretation of the facts of the
ease. ‘There should be no prejudice in England in regard
to the construction placed upon the terms of the bequest
and the policy which has been adopted, since one hundred
and sixty-nine institutions in Great Britain and Ireland are
recipients of the Smithsonian publications and specimens of
natural history, and have enjoyed the advantages of its sys-
tem of international exchange.

_ From Proceedings of the Board of Regents, January 25, 1864.

The Secretary called attention to the unexpected delays
and embarrassments which had occurred in obtaining the
remainder of the original bequest of Smithson left in Eng-
land as the principal of an annuity to the mother of the
nephew of Smithson, and read the correspondence on the
subject with the attorneys, and also a letter from Hon. C.
F. Adams, the American minister to England.

On motion it was

Resolved, That a committee be appointed, consisting of
the Secretary, Mr. H. W. Davis, and Professor Bache, to
confer with the Secretary of State and the British minister
relative to the action of the English authorities in regard
to the money due the Smithsonian Institution.

From Report of the Secretary for the year 1864.

It was mentioned in the last report that a part of the
original bequest, amounting to £5,015, was left by Mr. Rush
in England as the principal to secure an annuity payable to
the mother of Smithson’s nephew. The annuitant having
died, a power of attorney was sent in November, 1863, to
Messrs. Fladgate, Clarke & Finch, (the same firm originally
employed by Mr. Rush,) to collect the money. After a
considerable delay, arising principally from technical diffi-

SMITHSONIAN BEQUEST. LOT

culties, the money was obtained and deposited to the order
of the Institution, with George Peabody & Co., bankers,
London. It was subsequently drawn through the agency
of the Secretary of the Treasury, and in accordance with
the law of Congress directing that the money of the Smith-
sonian bequest should be invested in United States securi-
ties, it was expended in the purchase of government bonds,
bearing interest at the rate of 78; per cent. The amount
realized in bonds of this denomination, at par, was $54,150.
It was at first supposed that this money, or at least the
interest upon it, could immediately be applied to the uses
of the Institution, but from a critical examination of the
enactments of Congress in reference to the Smithsonian
fund, it was found that the appropriation of the bequest by
the act organizing the establishment in 1846, related only
to that part of the bequest which had already been received,
and made no provision for the disposition of the residuary
legacy which has just become available. It can scarcely be
doubted, however, but that Congress intended to appropriate
the whole of the bequest to the maintenance of the estab-
lishment; still, for this purpose, a special act will be re-
quired, and it is desirable that the sum recently received be
deposited in the treasury on the same condition with the
amount originally obtained ; that the interest alone shall be
subject to expenditure. In this connection it is proper to
remark that Mr. Peabody, who received the deposit of the
fund, so far from claiming the usual commission, allowed
four per cent. on the money while it remained in his hands.

From Proceedings of the Board of Regents, February 2, 1865.

Professor Henry presented the question as to the dispo-
sition of the residuary legacy of Smithson which had been
received from England, and was now on deposit with the
Treasurer of the United States.

On motion of Hon. J. W. Patterson, it was

Resolved, That the Secretary be instructed to invest the
money now on deposit with the Treasurer of the United
States, derived from the residuary legacy of James Smith-
son, in United States bonds bearing 7,3, per cent. interest.

From Report of the Secretary for the year 1865.

It has been mentioned in the two preceding reports, that
a part of the original bequest had been left in England as the

128 SMITHSONIAN BEQUEST.

principal of an annuity payable to the mother of Smithson’s
nephew. The annuitant having died, a power of attorney
signed by Abraham Lincoln, President of the United States,
was sent to Fladgate, Clarke & Finch, solicitors, in England,
authorizing them to collect the money and pay it to the
order of the Secretary of the Smithsonian Institution. The
proceeds from this, deducting the expenses of collection,
were £5,262 Os. 8d., which were temporarily deposited with
George Peabody & Co., who not only transacted the busi-
ness without charge, but allowed four per cent. interest on
the money while it remained in their hands. The total
amount of this residuary legacy received by the Institution,
including the interest, £153 19s. 4d., was $26,210.63 in
gold, which being sold at the current premium, (about 107,)
yielded $54,165.38 in United States currency. This sum
was invested in Government bonds, bearing interest at 735
per cent., and deposited for safe keeping with General
Spinner, the Treasurer of the United States.

From Report of the Executive Committee for the year 1865.

It appears from the statement of the Secretary, and the
accounts rendered by Riggs & Co., bankers of the Institu-
tion, that the remainder of the legacy of Smithson, which
amounted to $26,210 63 in gold, was sold at a premium
from 105 to 1074 per cent., yielding, after deducting the
cost of sale and United States tax, $54,165 388. This
amount was expended in the purchase of United States
bonds bearing 7,8; per cent. interest at par.

The following is a detailed statement of the whole trans-
action :

1864.
June 11. The amount received from Fladgate, Clarke &
Finch, attorneys, London, asthe residuary legacy £ 8
of: Jamesismithson,iwaswe ose ee eee 5,262 0
This amount was deposited with George Peabody &
Co., bankers, London, who allowed interest on it
to the thiof MarchiiléGh2ae= states cee 153 19 4

5,415 19 7

This amount was equivalent to $26,210 63 in gold, which
was sold by Riggs & Co., under the direction of the Secre-
tary of the Institution, as follows :

SMITHSONIAN BEQUEST. 129

Se TOMMIONCO St AUN a SS 3 ol eee an $20,725 00
ris) (0/0) 40 U aC | a. AE CER 31,031 25
AM OOOROO: ate2O07s—— 5 222 Se eee ee See 2,070 00
PMONGsiat 202s — 2.2 23, Sh eee eee os 431 79
26,210 63 54,258 04
Thess" brokerave, f122 2222s e ee $65 53
Less United States tax, 45 ------ 27 18
92 66
Net amount realized from sale of gold --.-_------ $54,165 38

65.
February 17. United States bonds bearing 7,8; per cent. interest
were: parehased: at par, for oo. .- 222-2 2 - eS 54,150 00

Balance, which could not be invested on account
of there being no bonds for less than $50______ 15 38

After the Secretary had purchased these bonds and de-
posited them for safekeeping with the Treasurer of the
United States, it was claimed by the Secretary of the Treas-
ury that this money was not under the control of the Regents
of the Institution, inasmuch as the original act of Congress
of 1846, establishing the Institution, referred to only so
much of the bequest of Smithson as was then in the Treas-
ury of the United States, and that a special act of Congress
would be required to apply this money, or the interest on
it, to the uses of the Institution. The Executive Commit-
tee would therefore recommend that an application be made
to Congress for such a disposition of this money.

Prom Proceedings of the Board of Regents, March 24, 1866.

The subject of the disposition of the money in possession
of the Secretary of the Treasury, resulting from the residu-
ary legacy of Smithson, was next considered. The Secre-
tary suggested that so much of this sum as was received
from England, independent of the premium on the coin, viz :
$26,210 63, should be added to the amount originally de-
posited in the Treasury of the United States by Mr. Rush,
making $541,379 63 as the total bequest of Smithson, and
that the premium and the interest since accrued be applied
to the carrent uses of the Institution, and to assist in defray-
ing the cost of the restoration of the building. By this
arrangement tne interesting fact could be stated that, after
all the Institution has done in the way of increasing and
ditfusing knowledge, the entire sum derived from the be-

9

130 SMITHSONIAN BEQUEST.

quest of Smithson is still undiminished in the Treasury of
the United States.

The Chancellor recommended that the sum thus added
to the money now in the Treasury of the United States
should be sufficient to make up the amount to $550,000.

On motion of Mr. Wallach, it was

Resolved, That the Secretary be directed to apply to Con-
gress for an act by which the residuary legacy of James
Smithson, now in the possession of the Secretary of the
Treasury, amounting to $26,210 63, be added to the sum
originally received; and that also from the income of the
above-mentioned residuary legacy the further sum of
$8,620 37 be added, making the total amount deposited in
the Treasury of the United States $550,000 as the trust
fund, the interest on which alone is to be applied to the
maintenance and uses of the Institution; and further, that
the Regents be authorized to apply the remainder of the
income of the residuary legacy to the current expenses of
the Institution and the reconstruction of the building.

From Proceedings of the Board of Regents, January 28, 1867.

On motion of Mr. Wallach, the following resolution was
adopted :

Resolved, That a committee of three be appointed to pre-
sent a memorial to Congress in behalf of the Board of
Regents, requesting the passage of 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 one million dollars; and that the income which
has accrued or which may accrue from said residuary legacy
be applied in the same manner as the interest on the origi-
nal bequest.

The Chancellor appointed Messrs. Davis, Patterson, and
Garfield as the committee.

From Proceedings of the Board of Regents, February 1, 1867.

The Secretary presented the following memorial which
had been offered to Congress by the special committee:

SMITHSONIAN BEQUEST. 131

To the Honorable the Senate and House of Representatives
in Congress Assembled :

The Board of Regents of the Smithsonian Institution
have directed the undersigned to transmit to your honor-
able 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 $515,167, 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 be-
quest, 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 re-
mainder 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 men-
tioned, 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 dol-
lars.

The sole object of this request is the permanent invest-
ment 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. Cuasz,
Chancellor.
JosEPH Henry,
Secretary Smithsonian Institution.

132 SMITHSONIAN BEQUEST.

Resolved, by the Board of Regents of the Smithsonian Institu-
tion, 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 in-
come 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 stated that in behalf of the committee he
had presented the memorial to the House of Representa-
tives, with a bill in accordance therewith, which had passed
unanimously that day, and been transmitted to the Senate.

Mr. Trumbull stated that this bill had also unanimously
passed the Senate, and only awaited the signature of the
President to become a law.

From Proceedings of the Board of Regents, February 22, 1867.

The Secretary presented the following copy of the act of
Congress relative to the increase of the trust fund, referred
to at the last meeting of the Board, and astatement of what
had been done in accordance with it:

Aw Act authorizing the Secretary of the Treasury to receive into the
treasury the residuary legacy of James Smithson, to authorize the Re-
gents of the Smithsonian Institution to apply the income of the said
legacy, and for other purposes,

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Secretary of the Treas-
ury be, and he is hereby, authorized and directed to receive into the Treas-
ury, 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.

Src. 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 man-
ner as the interest on the original bequest, in accordance with the provi-
sions of the act of August tenth, eighteen hundred and forty-six, establish-
ing said Institution.

Approved February 8, 1867.

The Secretary stated that in accordance with the direc-
tions of the Board of Regents, and the authority conferred

SMITHSONIAN BEQUEST. 133

by the above act, he had increased the amount of the Smith-
sonian fund in the Treasury of the United States on the
19th of February, 1867, to $550,000, in the following man-
ner:

The interest at 7,3, per cent., due for two years, to February

15, 1867, on the $54,150 U. S. bonds, was collected, viz :_---- $7,905 90
$25,400 of the Bonds were taken by the Treasury Depart-
ment at 6 per cent. premium, yielding Bonds______- $25,400
Premium ___- 1,524

26,924 00

Interest from 15th February to 19th, four days-___--_____- 20 82

\

AMOUTI neal Zed eens ee ee ee nee an 34,850 22
Amount placed in the United States Treasury, to be added

to the original trust fund, $515,169, (making it $550,000)---_ 34,831 00

Hheavinge aybalance in cash Ofs2-2= soe oe ee $19 22

This balance was deposited with Riggs & Co. to the credit
of the Smithsonian account.

CONGRESSIONAL PROCEEDINGS.

Message from the President of the United States.

Wasuineton, December 17, 1835.
To the Senate and House of Representatives of the United States :

I transmit to Congress a report from the Secretary of
State, accompanying copies of certain papers* relating to a
bequest to the United States, by Mr. James Smithson, of
London, for the purpose of founding, at Washington, an
establishment, under the name of the Smithsonian Institu-
tion, ‘for the increase and diffusion of knowledge among
men.” The Executive having no authority to take any
steps for accepting the trust, and obtaining the funds, the
papers are communicated with a view to such measures as
Congress may deem necessary.

ANDREW JACKSON.

PROCEEDINGS IN THE SENATE.

Senate, December 21, 1835.

The message was read, and ordered that it be referred to
the Committee on the Judiciary, and printed.

SpnateE, Tunspay, January 5, 1886.

Mr. Leigh, from the Committee on the Judiciary, to
whom was referred the message of the President of the
United States, of the 21st ultimo, relative to the bequest of
the late James Smithson, of London, made a report, accom-
panied by a joint resolution to authorize and enable the
President to assert and prosecute with effect the claim of
the United States to the legacy bequeathed to them by
James Smithson, late of London, deceased, to found at
Washington, under the name of the Smithsonian Institu-
tion, an establishment for the increase and diffusion of
knowledge among men. The resolution was read, and
passed to a second reading.

Ordered, That the report be printed.

* For these papers see Correspondence.

136 CONGRESSIONAL PROCEEDINGS.

The following is the report:

The Committee on the Judiciary, to whom was referred the
message of the President of the 17th December last;
transmitting to Congress a report of the Secretary of
State, accompanying copies of certain papers relating to
a bequest to the United States by Mr. James Smithson, of
London, for the purpose of founding, at Washington, an
establishment under the name of “ The Smithsonian
Institution, for the increase and diffusion of knowledge
among men,” respectfully report:

That it appears that Mr. James Smithson, late of London,
deceased, by his last will and testament bequeathed the
whole of his property to his bankers, Messrs. Drummonds,
of Charing Cross, London, in trust, to be disposed of in the
manner therein provided and directed, and desired his said
executors to put his property under the management of the
Court of Chancery; and then, (after bequeathing an annuity
of £100 sterling to John Fitall for life,) he bequeathed and
provided as follows: “To Henry James Hungerford, my
nephew, I give and bequeath, for his life, the whole of the
income arising from my property of every nature and kind
whatever, after payment. of the above annuity, and after the
death of John Fitall that annuity likewise; the payments
to be made to him at the time interest or dividends become
due on the stocks or other property from which the income
arises. Should the said Henry James Hungerford have a
child or children, legitimate or illegitimate, I leave to such
child or children, his or their heirs, executors, and assigns,
the whole of my property of every kind, absolutely and
forever, to be divided between them, if more than one, 1m
the manner their father shall judge proper; and in case of
his omitting to decide this, as the Lord Chancellor shall
judge proper. Should my said nephew, Henry James Hun-
gertord, marry, I empower him to make a jointure. Jn case
of the death of my said nephew without leaving a child or children,
or of the death of the child or children he may have had, under
the age of twenty-one years, or intestate, I then bequeath the
whole of my property (subject to the annuity of £100 to John
Fitall, and for the security and payment of which I mean
stock to remain in this country) ¢o the United States of Amer-
wa, to found, at Washington, under the name of the Smithsonian
Institution, an establishment for the increase and diffusion of
knowledge among men.”

It further appears, from a letter of Messrs. Clarke, Fyn-
more, and Fladgate, solicitors, to Mr. Vail, chargé d’affaires

TWENTY-FOURTH CONGRESS, 1835-387. 137

of the United States at London, dated the 21st July last,
communicated by Mr. Vail to the Secretary of State, that
pursuant to the instructions contained in Mr. Smithson’s
will, an amicable suit was, on the death of that testator,
brought in the court of chancery of England, by the lega-
tee, Mr. Hungerford, against the Messrs. Drummonds, the
executors, in which suit the assets were realized; that these
were very considerable; that there is now standing in the
name of the accountant general of the court of chancery,
on the trusts of the will, stock amounting in value to about
£100,000 ; that Mr. Hungerford, during his life, had re-
ceived the income arising from this property; but that news
had reached England that Mr. Hungerford had died abroad,
leaving no child surviving him; so that the event has hap-
pened on which the executory bequest of this large property
was made by the testator, Mr. Smithson, to the United
States, to found, at Washington, under the name of “ The
Smithsonian Institution,’ an establishment for the increase
and diffusion of knowledge among men. Messrs. Clarke,
Fynmore, and Fladgate also inform Mr. Vail that it has
now become necessary that measures should be taken for
the purpose of getting the decision of the court of chancery
as to the further disposition of the property; that it is not
clearly defined in Mr. Smithson’s will, to whom, on behalf
of the United States, the property should be paid or trans-
ferred; and indecd there is so much doubt that they appre-
hend the attorney general on behalf of the crown of
England must be joined in the proceedings which it may be
requisite the United States should institute; that they act,
in this matter, for Messrs. Drummonds, the bankers, who
are mere stake-holders, and are ready to do all in their
power to facilitate getting the decision of the court of
chancery, and carrying the testator’s intentions into effect ;
and that they will be happy to communicate with such pro-
fessional advisers as the Government of the United States
shall think fit to appoint to act for them in England. And
having thus stated the nature of the business, they add,
that they abstain from making any suggestion as to the
party in whose name proceedings should be adopted, con-
sidering that, the point should be determined by counsel in
England, after the opinion of the proper law officers in the
United States shall have been taken on the subject.

In a letter of Mr. Vail to the Secretary of State, of the
28th July last, communicating a copy of Mr. Smithson’s
will, and the letter of Messrs. Clarke, Fynmore, and Flad-
gate, to him, he says that that Ictter, and the inquiries he

138 CONGRESSIONAL PROCEEDINGS,

has made, leave no doubt of the will of Mr. Smithson hav-
ing been established, and its dispositions recognized by the
court of chancery of England; that, according to the view
taken of the case by the solicitors, the United States, in the
event of their accepting the legacy, and the trust coupled
with it, should come forward, by their representative, and
make themselves parties to an amicable suit before the
Lord Chancellor of England, for the purpose of legally
establishing the fact of the demise of Mr. Hungerford, the
legatee for life, without children and intestate, proving their
claim to the benefit of the will, and obtaining a decree in
chancery awarding to them the proceeds of the estate;
that Messrs. Clarke, Fynmore, and Fladgate, are willing to
undertake the management of the suit on the part of the
United States; and that, from what he has learnt of their
standing, they may safely be confided in. And Mr. Vail
suggests, upon the advice of those gentlemen, a method of
proceeding to assert the claim of the United States to the
legacy, without further delay, in case it should be thought
unnecessary to await the action of Congress to authorize
the institution of the requisite legal proceedings.

The Secretary of State submitted the letter of Mr. Vail,
and the papers therewith communicated, to the President,
who determined to lay the subject before Congress at its
next session; and of this determination the Secretary of
State apprized Mr. Vail, in a letter of the 26th September
last.

The President, in his message of the 17th December,
transmits to Congress, all the correspondence and informa-
tion relating to the subject, as the same had been reported
to him by the Secretary of State; and adds, that “the
Executive having no authority to take any steps for accept-
ing tbe trust, and obtaining the funds, the papers are com-
municated with a view to such measures as Congress may
deem necessary.”

The committee concur in the opinion of the President,
that it belongs to the Legislature to devise and prescribe
the measures, if any, proper to be adopted on this occasion,
and to provide for such expenses as may be incurred in the
prosecution of them.

Judging from the letters of Mr. Vail to the Secretary of
State, and of Messrs. Clarke, Fynmore & Fladgate to Mr.
Vail, as well as from the information which the committee
themselves have been able to gather, as to the course of
adjudication of the court of chancery of England in such
cases, the committee suppose it unquestionable, that the

TWENTY-FOURTH CONGRESS, 1835-37. 139

executory bequest contained in Mr. Smithson’s will, of his
whole property to the United States, in the event that has
occurred, for the purpose of founding, at Washington,
under the name of the Smithsonian Institution, an estab-
lishment for the increase and diffusion of knowledge among
men, is, by the law of England, a valid bequest; that the
United States, will be entertained in the court of chancery
of England, to assert their claim to the fund, as trustees,
for the purpose of founding the charitable institution at
Washington to which it is destined by the donor; and that
that court will decree, that the fund shall be paid and trans-
ferred to the United States, or their lawfully authorized
agent, leaving it to the United States to apply the property
to the foundation of the intended charity at Washington,
and to provide for the due administration of the fund, so as
to accomplish the purpose of the donor. The committee
are sensible, however, that these are points which can only
be determined and settled by the judicial authority of Eng-
land.

In the opinion of the committee, the questions which it
behooves Congress to consider, are, whether it is competent
to the United States, whether it comports with their dignity,
whether (all circumstances considered) it 1s expedient and
proper that the United States should appear as suitors in
the courts of justice of England, to assert their claim to the
legacy in question, as trustees for the intended charitable
institution to be founded at Washington.

It might be a question of much doubt and difficulty,
whether it would be within the competency of the Govern-
ment of the United States to appropriate any part of the
general revenue collected from the nation at large, to the
foundation and endowment of a literary or any other chari-
table institution in the District of Columbia. But, in the
opinion of the committee, no such question is involved in
the consideration of the present subject. The fund given
to the United States by Mr. Smithson’s will, is nowise, and
never can become, part of their revenue; they cannot claim
or take it for their own benefit; they can only take it as
trustees, to apply to the charitable purpose for which it was
intended by the donor.

The committee can see no reason to doubt, that the
United States must be regarded as the parens patrie of the
District of Columbia; that, in that character, they have a
right, and they are in duty bound, to assert a claim to any
property given to them for the purpose of founding a char-
itable institution of any kind within the District, and to

140 CONGRESSIONAL PROCEEDINGS.

provide for the due application and administration of such
a fund when they have obtained possession of it; that the
rights and duties of the United States, as parens patrie of
the District, in such a case, are the same, whether the char-
itable donation be made by the subject of a foreign nation,
or by a citizen, or whether the claim to the bounty is to be
asserted before a domestic court of justice, or before a for-
eign tribunal, which, by the comity of nations, or the laws
of its own country, is bound to entertain the claim, and to
adjudge the property to the United States, if they are by
law entitled to it. Ifa foreign tribunal, decreeing such
property to the United States, should think proper to im-
pose any conditions incompatible with the constitutional
powers of this Government, or with its duties or its dignity,
the United States may then decline to accept the property
and the trust. But no difficulty of that kind is appre-
hended.

The committee are also of the opinion that the United
States, in prosecuting a claim to property given to them for
the purpose of founding a charitable institution within the
District of Columbia, and which they are entitled to claim,
and take, and regulate the administration of, as the parens
patrie of the District, may properly appropriate, out of
their general revenue, such sums-as may be necessary to
prosecute the claim with effect—since the United States
have no other pecuniary means to defray the expenses that
may be incurred in exercising their powers, or in perform-
ing their duties, as parens patrie of the District, but such as
are afforded by their general revenue.

Upon the whole, the committee are of opinion that it is
within the competeney of the Government of the United
States, that it well comports with its dignity, that, indeed,
it is its duty, to assert in the courts of justice of England
the claim of the United States, to the legacy bequeathed to
them by Mr. Smithson’s will, for the purpose of founding,
at Washington, under the name of ‘The Smithsonian In-
stitution,” an establishment for the increase and diffusion
of knowledge among men; and that provision ought to be
made by Congress to enable the Executive to assert and
prosecute the claim with effect.

Therefore, the committee recommend the adoption of a
joint resolution authorizing the President to take measures
for recovering the said legacy.

SENATE, Fripay, February 5, 1836.
The resolution to authorize and enable the President to

TWENTY-FOURTH CONGRESS, 1835-37. 141

assert 4nd prosecute with effect the claim of the United
States to the legacy bequeathed to them by James Smithson,
was read the second time, and considered as in Committee
of the Whole; and,

On motion by Mr. Pruston,

Ordered, That it be Jaid on the table.

SENATE, SaturDAY, April 30, 1836..

On motion of Mr. Preston, the Senate took up the bill
authorizing the President of the United States to appoint
an agent or agents to prosecute and receive from the British
Court of Chancery the legacy bequeathed to the United
States by the late James Smithson of London, for the pur-
pose of establishing at Washington city an institution for
the increase of knowledge among men, to be called the
Smithsonian University.

Mr. Preston said, that by this will it was intended that
this Government should become the beneficiaries of this
legacy, and contended that if they had not the competence
to receive it by the Constitution, the act of no individual
could confer the power on them to do so. He claimed that
they had not the power to receive the money for national
objects, and if so, the expending it for another object was
a still higher power. He controverted the position that if
they could not receive it as the beneficiary legatee, they
might receive it as the fiduciary agent. If they had not the
power to establish an university without the power conferred
on them by a grant, they could not have it with the grant ;
or what they could not exercise directly, they could not ex-
ercise as trustee. He referred to a report made by Mr.
Adams in the House of Representatives, in which the gen-
ealogy of Mr. Smithson was given and traced through the
line of the illustrious Pereys and Seymours of England.
He thought this donation had been partly made with a view
to immortalize the donor, and that it was too cheap a way
of conferring immortality. There was danger of their im-
aginations being run away with by the associations of Chevy
Chase ballads, &c., and he had no idea of this District being
used as a fulcrum to raise foreigners to immortality by get-
ting Congress as the parens patrie of the District of Colum-
bia to accept donations from them.

The committee had misconceived the facts; the bequest
was to the United States of America to found an university
in the District of Columbia, under the title of the ‘‘ Smith-
sonian University,” and the execution of the terms of the
legacy was to redound to the purposes of the donation,

142 CONGRESSIONAL PROCEEDINGS.

which was for the benefit of all mankind. It was “general
in its terms, and not limited to the District of Columbia; it
was for the benefit of the United States, and could not be
received by Congress.

Mr. Lerten said, he would thank the gentleman to inform
the Senate that the report he had referred to was made in
the House of Representatives, and not by a committee of
the Senate: The report of the Senate’s committee was
simply a statement of matters of fact. Mr. L. explained
the provisions of the will, which were simply these: The
testator, James Smithson, bequeathed to his nephew, James
Henry Hungerford, a legacy of one hundred thousand
pounds sterling; providing, that if Mr. Hungerford should
die without children, the legacy should enure to the United
States, for the purpose of founding, at the city of Washing-
ton, an institution for the increase of knowledge among
men, to be called the Smithsonian University; and the
Government had received information from the American
consul at London, that Mr. Hungerford had lately died
without ever having been married, and without leaving any
children. It now became necessary, Mr. L. said, for Con-
gress to determine whether it was competent for the United
States to receive this money; and if they should receive it,
to take measures for carrying the intentions of the testator
into effect. The committee to whom this subject had been
referred were all of opinion, with the exception of the gen-
tleman from South Carolina, (Mr. Preston,) that it was
proper for the United States to receive this money. They -
had not considered the question at all, whether it was in
the power of Congress to establish a national university ;
nor was it necessary they should do so. They looked upon
this bequest’as having been made simply for the benefit of
one of the cities of the District of Columbia, of which
Congress was the constitutional guardian, and could receive
and apply the money in that form. Congress was the parens
patrie of the District of Columbia, in the sense laid down
by Blackstone; a power which necessarily belonged to
every government, and could therefore very properly re-
ceive this trust for a charitable purpose in the District of
Columbia. Congress had in fact exercised this power of
parens patrie of the District in the establishment of an
orphans’ court, in the erection and support of a peniten-
tiary, and could create an establishment to take care of
lunatics; and indeed, if it did not possess this power, in
what a deplorable condition would this District be. The
States of Maryland and Virginia undoubtedly possessed

TWENTY-FOURTH CONGRESS, 1835-37. 145

this power, and of course Congress derived it as to the
District from their deeds of cession. He did not look
upon this legacy to be for the benefit of the United States,
but for the benefit of one of the cities of the District, over
which Congress was guardian, and he had therefore no
difficulty in voting for the bill.

Mr. Preston was aware of the decision of the Supreme
Court cited by the Senator from Virginia, (Mr. Leigh,) that
the people of this District might be taxed without represen-
tation, and he had no doubt that these corporations could
exercise a trust—but this was not a trust to the city of
Washington. The United States was the cestui qui trust,
and not the city of Washington. The corporation of the
city of Washington could not enforce this claim in a court
of chancery in England. If an institution of the kind was
desired, he would prefer it to be established out of our own
funds, and not have Congress pander to the paltry vanity
of an individual. If they accepted this donation, every
whippersnapper vagabond that had been traducing our
country might think proper to have his name distinguished
in the same way. It was not consistent with the dignity of
the country to accept even the grant of a man of noble
birth or lineage.

Mr. Cuayton said the Senator from South Carolina (Mr.
Calhoun) had considered this as a donation to the United
States. It was not so. The United States was merely
named in the will as the trustee, and was to receive no
benefit whatever. It was merely a charitable object to
establish an university in the District of Columbia. They
had established similar institutions within the District of
Columbia, by acts of Congress, and no one doubted the
power to permit persons from other places to be educated
in them.

Mr. Catuoun said if his memory served him, there was
Opposition made to the passage of those acts.

Mr. Cuiayton said he believed there was some objection
made to the policy, but not to the power of making the
donation. It was to be located in the city of Washington,
and persons in the city would be more benefited by it than
any others.

Mr. Catnoun was of opinion that this donation was made
expressly to the United States. By reading the terms in
which the bequest was made, it was impossible to conceive
otherwise. The bequest was ‘‘to the United States of
America, for the purpose of establishing, at the city of
Washington, an institution for the increase of knowledge

144 CONGRESSIONAL PROCEEDINGS.

among men.” Now, take out the words the “city of
Washington,” and the donation was clearly to the United
States. The words, “ the city of Washington,” were only
used to designate the place where the university was to be
established, and not by any stretch of the meaning of lan-
guage to be considered as making the donation to the city.
He understood the Senators on all hands, to agree that it
was not in the power of Congress to establish a national
university, and they all agreed that they could establish a
university in the District of Columbia. Now, on this prin-
ciple, they could not receive the bequest, for the District of
Columbia was not even named in it; the city of Washing-
ton being only designated as the place where the university
was to be established, and the bequest being expressly made
to the United States. He thought, that acting under this
legacy, would be as much the establishment of a national
university, as if they appropriated money for the purpose;
and he would indeed much rather appropriate the money,
for he thought it was beneath the dignity of the United
States to receive presents of this kind from any one. He
could never pass through the rotunda of the Capitol, with-
out having his feelings outraged by seeing that statue of
Mr. Jefferson which had been placed there contrary to their
consent. ‘

Mr. Soutuarp said that the Senator from South Carolina
was mistaken in saying that every Senator agreed that it
was not in the power of Congress to establish a national
university. He, for one, believed that Congress had the
unquestionable right to do so. This, however, did not in-
volve the constitutionality of the question before them, as,
in his opinion, the most rigid construction of the constitu-
tion would not be adverse to the bill. Congress had the
same right to establish this university, as they had to charter
a college in Georgetown or Alexandria.

Mr. Bucnanan believed that Congress had the power to
receive and apply this money to the purposes intended by
the testator, without involving the question whether they
had the power to establish a national university or not.
There was no question but that James Smithson, in his life-
time, had a right to establish a university at the city of
Washington, and call it the Smithsonian University; or a
national university, if he pleased ; and Congress, by receiv-
ing and applying this bequest, would only act as the trustee
of the city of Washington, for whose benefit it was made.

Mr. Waker would not discuss the question whether this
was a national university, because he believed that question

TWENTY-FOURTH CONGRESS, 1835-37. 145

was not involved. But he should vote for the bill on the
ground that Congress would be doing manifest injustice to
the citizens of the city of Washington by refusing to accept
the donation. It was true that it operated for the benefit
of all mankind, but not more so than a university estab-
lished at Princeton or any other place. The Senator from
South Carolina, (Mr. Calhoun,) had said they ought to read
the it as if the words “at Washington ” were left out.
He, Mr. W., did not think so; they o ought to read it just as
it was i connection with the whole, and give it its true
construction, which was that the United States was only
designated as the trustee, and the people of the city of
Washington had a right to call upon Congress as the repre-
sentatives of the United States to execute the trust.

Mr. Davis said this man Smithson, it was said, had devised
one hundred thousand pounds sterling for the establishment
of a university in the city of Washington to diffuse knowl-
edge among men. It seemed to be taken for granted that
it was for the establishment of a university, although he
believed the word university was not to be found in the
will. He could not infer why it was so construed, as there
were other means of diffusing knowledge among men be-
sides doing it through the medium of universities, and he
therefore thought the discussion as to the par ticular design
of the gift pr emature. Ile did not regard it as a oift c or
bequest. to the Government. If he did, he would have all
the feelings evinced by the Senator from South Carolina,
(Mr. Preston.) The testator had not specified what special
purpose it was to be applied to, nor when the fund was to
be used, and Congress might defer using it until it became
large enough to be used advantageously to the purposes of
diffusing knowledge among mankind. If they denied the
right to establish a university, they denied the right to
establish all institutions of charity: The same question
involved in this, was also involved in the incorporation of
institutions which had been incorporated by them in this
District. The only question now under consideration was,
whether they should receive this money. He would vote
for it, and if they could not devise some appropriate dis-
position of it after it was received, he would be willing to
send it back by the first return packet.

Mr. Catuoun asked the Senator from Massachusetts (Mr.

Davis) what construction he would put upon the will if the
words ‘at Washington” had been left out of it.

Mr. Davis replied, that he would put the same construc-
tion on it then as he did now. His first inquiry would be

10

146 CONGRESSIONAL PROCEEDINGS.

whether it was for a charitable purpose; and if there was
no power to establish the institution in any of the States,
he would establish it in the District of Columbia, and if the
power to establish it there was doubted, he would establish
it in one of the Territories. He deemed the establishment
of institutions for the diffusion of knowledge a vital principle
of a republican government. They might as well say that
‘delivering lectures in any of the sciences was a national
institution, as to call this, one.

Mr. Preston said, the declaration of the Senator from
New Jersey (Mr. Southard) had satisfied him that this was
a national university. There was no difference between a
university in the District of Columbia for the benefit of all
mankind and a national university. That Senator had not
distinguished between the power of erecting buildings and
the use to which they are appropriated. They had the pow- ~
er to erect buildings in loco parentis patrie for the benefit of
the District of Columbia; they might erect buildings for
the maintenance of paupers of the District, but if the peo-
ple of the District, in this case, were to have any benefit
peculiar to the place, it was in the erection of the buildings
alone. He asked if the buildings of the Post Office De-
partment were erected by Congress as the parens patrie of
the District of Columbia? Had they the right as parens
patrie of the District of Columbia, to erect this building for
the benefit humani generis of this District, when it was in
fact a general charity to mankind, including the confederacy,
and not confined to the District of Columbia? He was
against the power, and would be against the policy, if they
had the power.

After some further remarks from Messrs. LreraH and
Preston, the question was taken on ordering the bill to be
engrossed for a third reading, and decided in the affirma-
tive—yeas 31, nays 7, as follows:

YxEAs—Messrs. Benton, Black, Buchanan, Clay, Clayton, Crittenden,
Cuthbert, Davis, Ewing of Ohio, Goldsboro, Grundy, Hendricks, Hubbard,
Kent, King of Alabama, Knight, Leigh, Linn, Mangum, Moore, Naudain,
Nicholas, Porter, Prentiss, Rives, Robbins, Southard, Swift, Tallmadge,
Tomlinson, Walker—81.

Nays—Messrs. Calhoun, Ewing of Illinois, Hill, King of Georgia, Pres-
ton, Robinson, White—7.

SenatTE, Monpay, May 2, 18386.

The resolution to authorize and enable the President to
assert and prosecute with effect the claim of the United
States to the legacy bequeathed to them by James Smithson,

TWENTY-FOURTH CONGRESS, 1835-37. 147

having been reported by the committee correctly engrossed,
was read a third time.

Resolved, That this resolution pass, and that the title
thereof be as aforesaid.

Ordered, That the secretary requests the concurrence of
the House of Representatives therein.

Senate, SatuRDAY, June 25, 1836.

A message from the House of Representatives, by Mr.
Franklin, their clerk:

Mr. President: The House of Representatives have
passed the resolution from the Senate (No. 4) “to authorize |
and enable the President to assert and prosecute with effect
the claim of the United States to the legacy bequeathed to
them by James Smithson, late of London, deceased, to
found, at Washington, under the name of the Smithsonian
Institution, an establishment for the increase and diffusion
of knowledge among men,” with amendments.

The Senate proceeded to consider the amendments of the
House of Representatives to the resolution (No. 4); and

Resolved, That they concur therein.

SENATE, TuEspDAY, June 28, 1836.

Mr. Niles reported from the committee that they had ex-
amined and found [the above bill] duly enrolled.

SENATE, SaturDay, July 2, 1836.

A message from the President of the United States, by
Mr. Donelson, his secretary, that he had duly approved and
signed, the Ist of July, 1836, the above act.

Aw Acr to authorize and enable the President to assert and prosecute with
effect the claim of the United States to the legacy bequeathed to them by
James Smithson, late of London, deceased, to found at Washington,
under the name of the Smithsonian Institution, an establishment for the
increase and diffusion of knowledge among men.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President of the United
States be, and he is hereby, authorized to constitute and appoint an agent
or agents, to assert and prosecute for and in behalf of the United States,
and in their name or otherwise, as may be advisable, in the Court of Chan-
cery, or other proper tribunal of England, the right of the United States
to the legacy bequeathed to them by the last will and testament of James
Smithson, late of London, deceased, for the purpose of founding at Wash-
ington, under the name of the Smithsonian Institution, an establishment
for the increase and diffusion of knowledge among men; and to empower
such agent or agents so appointed to receive and grant acquittances for all
such sum or sums of money, or other funds, as may or shall be decreed or
adjudged to the United States, for, or on account, of said legacy.

Sec. 2. And be it further enacted, That the said agent or agents shall,

148 CONGRESSIONAL PROCEEDINGS.

before receiving any part of said legacy, give a bond or bonds, in the penal
sum of five hundred thousand dollars, to the Treasurer of the United States,
and his successors in office, with good and sufficient securities to the satis-
faction of the Secretary of the Treasury, for the faithful performanee of
the duties of the said agency, and for the faithful remittance to the Treasu-
rer of the United States of all and every sum or sums of money, or other
funds, which he or they may receive, for payment in whole or in part of
the said legacy. And the Treasurer of the United States is hereby author-
ized and required to keep safely all sums of money or other funds which
may be received by him in virtue of the said bequest, and to account there-
for separately from all other accounts of his office, and subject to sueh
further disposal thereof as may be hereafter provided by Congress.

Sxc. 3. And be it further enacted, That any and all sums of money, and
other funds, which shall be received for or on account of the said legacy,
shall be applied in such manner as Congress may hereafter direct, to the
purpose of founding and endowing at Washington, under the name of the
Smithsonian Institution, an establishment for the increase and diffusion of
knowledge among men; to which application of the said moneys and other
funds, the faith of the United States is hereby pledged.

Sec. 4. And be it further enacted, That, to the end that the claim to the
said bequest may be prosecuted with effect, and the necessary expenses in
prosecuting the same be defrayed, the President of the United States be,
and he is hereby, authorized to apply to that purpose any sum not exceed-
ing ten thousand dollars, out of any moneys in the Treasury net etherwise
appropriated.

Approved, Ist of July, 1836.

PROCEEDINGS IN THE HOUSE OF REPRESENTATIVES.

Hovust oF REPRESENTATIVES, December 21, 1835.

A message, in writing, was received from the President
of the United States, by Mr. Donelson, his private secre-
tary, which was read. (See ante.)

Ordered, That the said message be referred to a select
committee, and Mr. John Quincey Adams, Mr. Thomas, Mr.
Garland of Virginia, Mr. Pearce of Rhode Island, Mr.
Speight, Mr. McKetnan, Mr. Hannegan, Mr. Garland of
Louisiana, and Mr. Chapin, were appointed said committee.

Hovust oF REPRESENTATIVES, January 19, 1836.

Mr. Joun Quincy ApAms, from the cemmittee appointed
on the message of the President of the United States, of
the 17th of December ultimo, and which was laid before
the House on the 21st, communicating information in rela-
tion to a bequest made by James Smithson, late of London,
in the Kingdom of Great Britain, deceased, to the United
States, for the purpose of establishing a seminary of learn-
ing, reported, (by leave,) a bill (No. 187) to authorize the
President of the United States to assert and prosecute with
effect the right of the United States to the bequest of James

TWENTY-FOURTH CONGRESS, 1835-37. 149

Smithson, late of London, deceased, to found, at Washing-
ton, under the name of the Smithsonian Institution, an
establishment for the increase and diffusion of knowledge
among men, accompanied by a report in writing; which
bill was read the first and second time, and committed to
the Committee of the Whole House on the state of the
Union.
The following is the report:

The Select Committee, to which was referred the message of
the President of the United States, of the 17th of De-
cember last, with documents relating to the bequest of
James Smithson, of London, to the United States of
America, for the purpose of founding at Washington, an
establishmerit under the name of the Smithsonian Insti-
tution, for the increase and diffusion of knowledge
among men, respectfully report:

That, from the papers transmitted to Congress with the
message of the President, it appears, that James Smithson,
a foreigner, of noble family and of affluent fortune, did, by
his last will and testament, made in the year 1826, bequeath
under certain contingencies, which have since been real-
ized, and with certain exceptions, for which provision was
made by the same will, the whole of his property, of an
amount exceeding four hundred thousand dollars, to the
United States of America, to found at Washington, under
the name of the Smithsonian Institution, an establishment
for the increase and diffusion of knowledge among men.

To the acceptance of this bequest, and to the assumption
and fulfilment of the high and honorable duties involved in
the performance of the trust committed with it, the Con-
gress of the United States, in their legislative capacity,
are alone competent. Your committee believe, not only
that they are thus competent, but that it 1s enjoined upon
them, by considerations of the most imperious and indis-
pensable obligation. The first steps necessary to be taken
for carrying into effect the benevolent intentions of the tes-
tator, must be to obtain the possession of the funds, now
held by the Messrs. Drummonds, bankers in London, execu-
tors of Mr. Smithson’s will, and subject to the superinten-
dence, custody and adjudication of the Lord Chancellor of
England. To enable the President of the United States to
effect this object, the committee report herewith a, bill.

But your committee think they would imperfectly dis-
charge their duty to this House, to their country, to the
world of mankind, or to the donor of this most munificent

150 CONGRESSIONAL PROCEEDINGS.

bequest, were they to withhold a few brief reflections,
which have occurred to them in the consideration of the
subject referred to them by the House. Reflections arising
from the condition of the testator, from the nature of the
bequest and from the character of the trustee to whom this
great and solemn charge has been confided.

The testator, James Smithson, a subject of Great Britain,
declares himself, in the caption of the will, a descendent in
blood from the Percys and the Seymours, two of the most
illustrious historical names of the British islands. Nearly
two centuries since, in 1660, the ancestor of his own name,
Hugh Smithson, immediately after the restoration of the
royal family of the Stuarts, received from Charles the Sec-
ond, as a reward for his eminent services to that house
during the civil wars, the dignity of a Baronet of England,
a dignity still held by the Dukes of Northumberland, as
descendents from the same Hugh Smithson. The father of
the testator, by his marriage with the Lady Elizabeth Sey-
mour, who was descended by a female line from the ancient
Percys, and by the subsequent creation of George the
Third, in 1766, became the first Duke of Northumberland.
His son and suceessor, the brother of the testator, was
known in the history of our revolutionary war by the name
of Lord Perey; was present, as a British officer, at the san-
guinary opening scene of our revolutionary war, at Lexing-
ton, and at the battle of Bunker’s hill; and was the bearer
to the British Government of the despatches from the
commander-in-chief of the royal forces, announcing the
event of that memorable day; and the present Duke of
Northumberland, the testator’s nephew, was the ambassa-
dor extraordinary of Great Britain, sent to assist at the
coronation of the late King of France, Charles the Tenth,
a few months only before the date of this bequest from his
relative to the United States of America.

The suggestions which present themselves to the mind,
by the association of these historical recollections, with the
condition of the testator, derive additional interest from
the nature of the bequest; the devotion of a large estate to
an institution for the increase and diffusion of knowledge
among men.

Of all the foundations of establishments for pious or
charitable uses, which ever signalized the spirit of the age,
or the comprehensive beneficence of the founder, none can
be named more deserving of the approbation of mankind
than this. Should it be faithfully carried into effect, with
an earnestness and sagacity of. application, and a steady

TWENTY-FOURTH CONGRESS, 1835-37. 151

perseverance of pursuit, proportioned to the means furnished
by the will of the founder, and to the greatness and sim-
plicity of his design as by himself declared, ‘‘ the increase
and diffusion of knowledge among men,” it is no extrava-
gance of anticipation to declare, that his name will be here-
after enrolled among the eminent benefactors of mankind.

The attainment of knowledge, is the high and exclusive
attribute of man, among the numberless myriads of ani-
mated beings inhabitants of the terrestrial globe. On him
alone is bestowed, by the bounty of the Creator of the uni-
verse, the power and the capacity of acquiring knowledge.
Knowledge is the attribute of his nature, which at once
enables him to improve his condition upon earth, and to
prepare him for the enjoyment of a happier existence here-
after. It is by this attribute that man discovers his own
nature as the link between earth and heaven; as the par-
taker of an immortal spirit; as created for a higher and
more durable end, than the countless tribes of beings which
people the earth, the ocean, and the air, alternately instinct
with life, and melting into vapour, or mouldering into dust.

To furnish the means of acquiring knowledge is, there-
fore, the greatest benefit that can be conferred upon man-
kind. It prolongs life itself, and enlarges the sphere of
existence. The earth was given to man for cultivation, to
the improvement of his own condition. Whoever increases
his knowledge, multiplies the uses to which he is enabled
to turn the gift of his Creator to his own benefit, and par-
takes in some degree of that goodness which is the highest
attribute of Omnipotence itself.

If, then, the Smithsonian Institution, under the smile of
an approving Providence, and by the faithful and perma-
nent application of the means furnished by its founder, to
the purpose for which he has bestowed them, should prove
effective to their promotion; if they should contribute es-
sentially to the increase and diffusion of knowledge among men,
to what higher or nobler object could this generous and
splendid donation have been devoted ?

The father of the testator, upon forming his alliance with
the heiress of the family of the Percys, assumed, by an act of
the British Parliament, that name, and under it became
Duke of Northumberland. But, renowned as is the name
of Percy in the historical annals of England, resounding as
it does from the summit of the Cheviot hills, to the ears of
our children, in the ballad of Chevy Chase, with the classi-
cal commentary of Addison; freshened and renovated in
our memory as it has recently been from the purest fountain

152 CONGRESSIONAL PROCEEDINGS.

of poetical inspiration, in the loftier strain of Alnwick
Castle, tuned by a bard of our own native land ;* doubly im-
mortalized as it is in the deathless dramas of Shakespear ;
“‘ confident against the world in arms,” as it may have been
in ages long past, and may still be in the virtues of its
present possessors by inheritance; let the trust of James
Smithson to the United States of America, be faithfully ex-
ecuted by their Representatives in Congress ; let the result
accomplish his object, “‘ the increase and diffusion of knowl-
edge among men,” and a wreath of more unfading verdure
shall entwine itself in the lapse of future ages around the
name of Smithson, than the united hands of tradition,
history, and poetry, have braided around the name of Percy,
through the long perspective in ages past of a thousand
ears.
* It is then a high and solemn trust which the testator has
committed to the United States of America, and its execu-
tion devolves upon their Representatives in Congress, duties
of no ordinary importance. The location of the Institution
at Washington, prescribed by the testator, gives to Congress
the free exercise of all the powers relating to this subject
with which they are, by the Constitution, invested as the
local Legislature for the District of Columbia. In advert-
ing to the character of the trustee selected by the testator
for the fulfilment of his intentions, your committee deem
it no indulgence of unreasonable pride to mark it as a signal
manifestation of the moral effect of our political institu-
tions, upon the opinions, and upon the consequent action of
the wise and the good of other regions, and of distant
climes; even upon that nation from whom we generally
boast of our descent, but whom from the period of our
revolution we have had too often reason to consider as @
jealous and envious rival. How different are the sensations
which should swell in our bosoms with the acceptance of
this bequest! James Smithson, an Englishman, in the ex-
ercise of his rights as a free-born Briton, desirous of dedi-
cating his ample fortune to the increase and diffusion of,
knowledge among men, constitutes for his trustees, to ac-
complish that object, the United States of America, and
fixes upon their seat of Government as the spot where the
Institution, of which he is the founder, shall be located.
The revolution, which resulted in the independence of
these United States, was commenced, conducted, and con-
summated under a mere union of confederated States. Sub-

* Fitz-Greene Halleck.

TWENTY-FOURTH CONGRESS, 1835-37. gi alts

sequently to that period, a more perfect union was formed,
combining in one system the principle of confederate sov-
ereignties with that of a Government by popular represen-
tation, with legislative, executive, and judicial powers, all
limited, but co-extensive with the whole confederation.

Under this Government, a new experiment in the history
of mankind is now drawing to the close of half a century,
during which the territory and number of States in the
Union have nearly doubled, while their population, wealth,
and power have been multiplied more than fourfold. In
the process of this experiment, they have gone through the
vicissitudes of peace and war, amidst bitter and ardent party
collisions, and the unceasing changes of popular elections
to the legislative and executive offices, both of the general
confederacy and of the separate States, without a single
execution for treason, or a single proscription for a political
offence. The whole Government, under the continual su-
perintendence of the whole people, has been holding a
steady course of prosperity, unexampled in the cotemporary
history of other nations, not less than in the annals of ages
past. During this period, our country has been freely
visited by observers from other lands, and often in no
friendly spirit by travellers from the native land of Mr.
Smithson. Their reports of the prevailing manners, opin-
ions and social intercourse of the people of this Union,
have exhibited no flattering or complacent pictares. All
the infirmities and vices of our civil and political condition
have been conned and noted, and displayed with no forbear-
ance of severe satirical comment to set them off; yet, after
all this, a British subject, of noble birth and ample fortune,
desiring to bequeath his whole estate to the purpose of in-
creasing and diffusing knowledge throughout the whole
community of civilized man, selects for the depositaries of
his trust, with confidence unqualified with reserve, the Con-
gress of the United States of America.

In the commission of every trust, there is an implied
tribute of the soul to the integrity and intelligence of the
trustee ; and there is also an implied call for the faithful
exercise of those properties to the fulfilment of the purpose
of the trust. The tribute and the call acquire additional
force and energy, when the trust is committed for perform-
ance after the decease of him by whom it is granted, when
he no longer exists to witness or to constrain the effective
fulfilment of his design. The magnitude of the trust, and
the extent of confidence bestowed in the commital of it, do
but enlarge and aggravate the pressure of the obligation

ayn * CONGRESSIONAL PROCEEDINGS.

which it carries with it. The weight of duty imposed is
proportioned to the honor conferred by confidence without
reserve. Your committee are fully persuaded, therefore,
that, with a grateful sense of the honor conferred by the
testator, upon the political institutions of this Union, the
Congress of the United States, in accepting the bequest,
will feel, in all its power and plenitude, the obligation of
responding to the confidence reposed by him, with all the
fidelity, disinterestedness, and perseverance of exertion,
which may carry into effective execution the noble purpose
of an endowment for the increase and diffusion of knowl-
edge among men.

A motion was made by Mr. Cuaptin, that five thousand
additional copies be printed of the message of the Presi-
dent, and the papers which accompanied the same, in rela-
tion to the bequest of James Smithson, together with the
report and bill this day submitted by Mr. John Quincy
Adams, from the committee to which the same was referred ;
which motion was laid on the table one day under the rule.

Hots or REPRESENTATIVES, WEDNESDAY, January 20, 1836.

Mr. CuHapin moved to consider the motion, which he sub-
mitted yesterday, for printing 5000 copies of the report
submitted yesterday by Mr. Adams from a select committee,
together with the President’s Message, correspondence and
will, relating to the bequest of James Smithson, late of
London, deceased.

Objection being made,

Mr. Mann, of New York, said the report was in reference
to a subject of considerable interest, not only to the House,
but to the country generally. As the report was in the
hands of the printer, it was proper that, if an extra num-
ber of copies was ordered, it should be done at this time.
He moved to suspend the rule, for the purpose of entertain-
ing the motion to print, which was agreed to—ayes 107,
noes 46.

Mr. Howarp desired to know from some member of the
Committee the purport of the report, and what disposition
was proposed to be made of the bequest. He was entirely
ignorant on the subject.

Mr. Cuaprin of New York, said he would, as a member of
the committee to which the subject of the Smithsonian be-
quest had been referred, auswer the inquiry of the honora-
ble gentleman from Maryland (Mr. Howard.) It was not
proposed either by the report or bill which the honorable
chairman of the select committee (Mr. Adams) had sub-

TWENTY-FOURTH CONGRESS, 1835-37. 155

mitted, to indicate the plan or organization of the institu-
tion to be founded. At present, it would be entirely pre-
mature to do so, because the first step was to obtain the
funds, leaving the application of them to future legislation.
The bill provides that the President of the United States
shall appoint an agent to prosecute the claim in the Court
of Chancery in England, where the funds are locked up in
behalf of the United States, and on the receipt of them, to
give the proper discharge or acquittance for the same. |

Sir, the bequest of James Smithson, amounting to nearly
half a million of dollars, is among the most liberal benefiac-
tions upon record. Coming, too, as it does, from a citizen
of Great Britain, who is not known to have visited the
United States, or to have had any friends residing here, it
may be regarded as a distinguished tribute of respect paid
by a foreigner and stranger to the free institutions of our
country. It is due to the memory and character of the
donor, that suitable publicity should be given to this noble
and generous act of public munificence; it is due, also, as
the acknowledgment of the grateful sense of Congress, in
behalf of the people of the United States, for whose benefit
the bequest was made; and it is in an especial manner neces-
sary, in order to call the attention of men distinguished for
learning and talents in all parts of the Union to the subject,
for the purpose of obtaining an expression of their views
and opinions in regard to the plan and organization of the
institution proposed to be established. This splendid bene-
faction confers immortality upon the individual by whom it
was bestowed, and does honor to the age in which we live.

Mr. C. concluded by expressing the hope, that the motion
to print would be adopted by the House, without a dissent-
ing voice. :

Mr. Parker said the House had not entirely got out of a
debate which had arisen upon a bill which was intended to
provide for their own pay, in reference to the alleged exces-
sive expenditures of the contingent fund of the House, for
the item of printing. <A great deal of complaint was made
on the occasion alluded to, because of the number of Presi-
dent’s Messages ordered to be printed by the House. He
was so case-hardened, that he would upon a like occasion,
do the same thing again. He was, however, not prepared
to vote for the proposition before the House. The report
was doubtless an able one, but he could see no reason why
five times the number which were necessary for the infor-
mation of the House should be printed. It would be recol-
lected that a report had been made in the Senate on this

156 CONGRESSIONAL PROCEEDINGS.

subject, which had been published in all the newspapers he
had seen. They would not be called upon to make any dis-
position of these funds, because they had not yet received
them; and if they ever did, it would perhaps be fifteen or
twenty years first. Upon the whole, he did not consider it
at all important that an extra number of this report should
be published.

The motion to print 5,000 extra copies of the report was
then agreed to.

House oF REPRESENTATIVES, May 4, 1836.

A message from the Senate, by Mr. Lowrie, their secre-
tary, that the Senate had passed the following resolution :

No. 4. Resolution to authorize and to enable the Presi-
dent to assert and prosecute with effect the claim of the
United States to the legacy bequeathed to them by James
Smithson, late of London, deceased, to found, at Washing-
ton, under the name of the Smithsonian Institution, an
establishment for the increase and diffusion of knowledge
among men.

House or Representatives, May 10, 1836.

The resolution (No. 4) from the Senate was read the first
and second time, and committed to the Committee of the
Whole House on the state of the Union.

A motion was made by Mr. Apams, that the rule be sus-
pended to enable him to make a motion that said resolution
be the special order of the day on Tuesday, the 17th instant, —
from eleven o’clock a. m. to one p. m.; which motion to
suspend was disagreed to by the House.

Houses oF REPRESENTATIVES, June 25, 1886.

In Committee of the Whole, Senate resolution No. 4 was
considered and amended.

The amendments made in Committee of the Whole, one
of which amendments changes the Senate resolution into
the form of a bill to authorize the President of the United
States to assert and prosecute the right of the United States
to the legacy of James Smithson, late of London, were re-
ported to the House, and were concurred in.

The bill was ordered to be engrossed, and was then read
a third time and passed.

TWENTY-FOURTH CONGRESS, 1835-37. 157

SEPTEMBER, 1837.

The sum of $10,000 having proved insufficient, the Sec-
retary of State asks an additional appropriation by Con-
gress:

John Forsyth to C. C. Cambrelenq.

DEPARTMENT OF STATE,
Wasuineton, September 14, 1837.

Srr: It will be seen by the annexed statement, that of the
appropriation made in the year 1836, to prosecute the claim
of the United States to the legacy bequeathed by James
Smithson, of London, there remained unexpended, on the
31st day of July last, but $4,000. As that sum will not,
probably, be sufficient to meet the necessary expenditures
until an appropriation could be made at the next session of
Congress, and placed in London, I have the honor to sub-
mit to the Committee of Ways and Means the necessity of
providing for them, by an appropriation, at this session.

T have the honor to be, sir, your obedient servant,

JOHN ForsytTu.

Hon. C. C. CAMBRELENG,

Chairman of the Committee of Ways and Means,
fTouse of Representatives.

STATEMENT OF THE SMITHSONIAN FUND.

Amount of appropriation made in 1886 -_-----_-____---_-___---- $10,000
Mr. Rush’s account for salary for one year, to the 3lst of

liye LSS tee ewan ee a ee $3,000
Mr. Rush’s account for incidental and contingent ex-

persed Tor the same period — 2-2 we i eee 2,000
Amount of solicitor’s bill, £200 4s., say__--._.----.---- 1,000

Amount remaining of the appropriation of 1836__._-.-_-----_-_- $4,000

[Same to the Hon. Siras Wrieut, Chairman of the Com-
mittee on Finance, Senate. |

John Forsyth to C. C. Cambreleng.

DEPARTMENT OF STATE,
Wasuineton, September 19, 1837.

Sir: I have the honor to enclose a letter received at this
Department from Mr. Richard Rush, agent of the United
States in Isondon, for the prosecution of their claim to the
property bequeathed by the late James Smithson, together
with the bill of Messrs. Clark, Fynmore, and Fladgate,
solicitors, paid by him.

158 CONGRESSIONAL PROCEEDINGS.

I also enclose a letter from Mr. Daniel Brent, consul of
the United States at Paris, in relation to payments made by
him in endeavoring to secure property supposed by him to
constitute a part of that bequeathed by Mr. Smithson, with
a copy of Mr. Rush’s answer to his application for reim-
bursement. I would suggest ten thousand dollars as the
amount necessary to be appropriated for the continuation
of the prosecution of the claim of the United States, and
that it is of urgent necessity that it be made at this session,
in order that funds may be transmitted to the bankers of
the United States in London, to meet the drafts that may
necessarily be made upon them for the expenses to be in-
eurred therein. - : - - *

I have to request that the papers enclosed may be shown
to the chairman of the Committee on Finance of the Sen-
ate, and that they may be returned to this Department.

I have the honor to be, sir, your obedient servant,

Joun Forsytu.

Hon. C. C. CAMBRELENG,

Chairman of the Committee of Ways and Means,
House of Representatives.

OcToBER, 1837.
An additional appropriation of five thousand dollars was
passed by Congress to defray expenses, as follows:

AN ACT making further appropriations for the year 1837:

For defraying the expenses attending the prosecution of the claim of the
United States tothe legacy bequeathed by the late James Smithson, of
London, five thousand dollars.

APPROVED, October 16, 1837.
JuLY, 1838.

The following section providing for the investment of the
Smithsonian fund was passed :

AN ACT to provide for the support of the Military Academy of the
United States for the year 1858 and for other purposes.

Src. 6. And be it further enacted, That all the money arising from the
bequest of the late James Smithson, of London, for the purpose of found-
ing at Washington, in this District, an institution to be denominated the
Smithsonian Institution, which may be paid into the Treasury, is hereby
appropriated, and shall be invested by the Secretary of the Treasury, with
the approbation of the President of United States, in stocks of States, bear-
ing interest at the rate of not less than five per centum per annum,
which said stocks shall be held by the said Secretary in trust for the uses
specified in the last will and testament of said Smithson, until provision is
made by law for carrying the purpose of said bequest into efféct; and that
the annual interest accruing on the stock aforesaid, shall be in like manner
invested for the benefit of said institution.

APPROVED, July 7, 1888,

TWENTY-FIFTH CONGRESS, 1837-39. 159
PROCEEDINGS IN THE SENATE.
SENATE, December 10, 1838.

Message from the President of the United States.

WasHineton, December 6, 1838.
To the Senate and House of Representatives of the United States:

The act of the Ist July, 1836, to enable the Executive to
assert and prosecute with effect the claim of the United
States to the legacy bequeathed to them by James Smith-
son, late of London, having received its entire execution,
and the amount recovered and paid into the Treasury hav-
ing, agreeably to an act of the last session, been invested in
State stocks, I deem it proper to invite the attention of
Congress to the obligation now devolving upon the United
States to fulfill the object of the bequest. In order to
obtain such information as might serve to facilitate its
attainment, the Secretary of State was directed, in July
last, to apply to persons versed in science, and familiar with
the subject of public education, for their views as to the mode
of disposing of the fund best calculated to meet the intentions
of the testator, and prove most beneficial to mankind.
Copies of the circular letter written in compliance with
these directions, and of the answers to it received at the
Department of State, are herewith communicated, for the
consideration of Congress.*

M. Van Buren.

Ordered to be printed with the accompanying documents.
SENATE, January 10, 1839.

Mr. Ropsrns offered the following resolution (8S. 7) which

was read :

Resolved, By the Senate, (the House of Representatives concurring,) that
a joint committee be appointed, consisting of seven members of the Senate,
and such a number of said House as they shall appoint, to consider the ex-
pediency of providing an institution of learning, to be established in the
city of Washington, for the application of the legacy bequeathed by Mr.
James Smithson, of London, to the United States in trust for that purpose;
also, to consider the expediency of a charter for such an institution;
together with the powers and privileges, which, in their opinion, the said
charter ought to confer; also, to consider the expediency of ways and
means to be provided by Congress, other than said legacy, but in addition
thereto, and in aid of said benevolent intention; and to report by bill or
bills, or otherwise.

Mr. Ropprns made the following remarks :
The motive to this noble legacy was, as the will expresses
it, ‘The increase and diffusion of knowledge among men.”

* These communications appear elsewhere.

160 CONGRESSIONAL PROCEEDINGS.

Noble, indeed, it was in every point of view; noble as
coming from a stranger, with whom this country had no
personal relations ; speaking at once his high sense of our
merit, while it proclaimed his own; noble in amount, and
may be made effective to its beneficent purpose ; but, above
all, noble for its destination—“ the increase and diffusion of
knowledge among men ;” leaving it to the wisdom of Con-
gress to devise and provide the institution that should be
most effective to this end. It ought to be an institution,
whose effects upon the country will make it a living monu-
ment to the honor of the illustrious donor in all time to
come. Such an institution, I conceive, may be devised ; of
which, however, at present there is no model either in this
country or in Europe; giving such a course of education
and discipline as would give to the faculties of the human
mind, an improvement and power far beyond what they
obtain by the ordinary systems of education, and far be-
yond what they afterwards attain in any of the professional
pursuits. Such an institution, as to its principle, suggested
itself to the sagacious and far-seeing mind of Bacon, as one
of the greatest importance. But while his other sugges-
tions have been followed out with such wonderful success
in extending the boundaries of physical science, this has
been overlooked and neglected. One reason is, that the
other suggestions were more elaborately explained by him;

there, too, he not only pointed out the path, but he led the
way in it himself. Besides, those other suggestions could
be carried out by individual exertion and enterprise, inde-
pendently of the existing establishments of learning; or
they could be grafted on, and made a part of, those estab-
lishments. But this required an original plan of education,

and a new foundation for its execution; where the young
mind would be trained by a course of education and disci-
pline that would unfold and perfect all his faculties; where

genius would plume his young wings, and prepare himself
to take the noblest flights. The idea, however, was not
entirely origittal with Bacon; for it would be in effect but

the revival of that system of education and discipline which

produced such wonderful improvement and power of the

human mind in Greece and Rome, and especially in Greece.

Its effects here, [am persuaded, would be many and glo-

rious. Of these I shall now indicate only one; but that

one whose importance all must admit. In its progress and.
ultimately it would give to our country, I have no doubt, a
national literature of a high and immortal character. How-

ever mottifying to our national pride it is to say it, it must
be confessed that we have not a national literature of that

TWENTY-FIFTH CONGRESS, 1837-39. 161

character; nor is it possible we ever should have, as it
appears to me, on our present systems of education. Not
that our literature, such as it is, is inferior to that of other
nations produced at the present day. No; mediocrity is
the character of all literary works of the present day, go
where you will. It is so in England, it is so in France, the
two most literary nations of Europe. It is true, learned
men and great scholars are every where to be found, indeed,
they may be said to abound more than ever; the whole
world, too, has become a reading world; the growth of the
press is prodigious ; but it is all ephemeral and evanescent—
all destined to the grave of oblivion. Nor is it that our
countrymen have not the gift of genius for literary works
ef that high and immortal character. Probably no people
were ever blessed with it in a greater degree—of which
every where we see the indications and the evidence; but
what signifies genius for an art without discipline, without
knowledge of its principles, and skill in that art ?
“Vis consili expers, mole ruit sua;

Vim temperatam, Dii quoque provebunt,
In majus.”’

Literature is now everywhere mediocre—because the arts
of literature are nowhere cultivated, but everywhere neglect-
ed—and apparently despised. I recollect to have seen in a
late and leading periodical of Great Britain, an article in
which the writer congratulates the age upon having thrown
off the shackles of composition ; and says (in a tone of tri-
umph) that no one now thinks of writing like Junius, (as if
_it was an easy matter, but beneath him, to write like Juni-
us,) except, he adds, some junior sophister in the country,
corresponding with the editor of:some village newspaper.
The whole tribe of present writers seem, by their silence,
to reccive this description as eulogy—as a tribute of praise
properly paid to their merit; while in truth it is the charac-
teristic of a barbarous age, or of one declining to barba-
rism; it is the very description applied to mark the decline
and last glimmering of letters in Greece and Rome.

The object of education is two-fold —knowledge and
ability; both are important, but ability by far the most
so. Knowledge is so far important as it is subsidiary
to. the acquiring of ability; and no further; except as a
source of mental pleasure to the individual. It is ability
that makes itself to be felt by society; it is ability that
wields the sceptre over the human heart and the human in-
tellect. Now it is a great mistake to suppose that knowl-
edge imparts ability of course. It does, indeed, impart
ability of a certain kind; for by exercising the attention

162 CONGRESSIONAL PROCEEDINGS.

and the memory, it improves the capacity for acquiring ;
but the capacity to acquire is not ability to originate and
produce. No; ability can only be given by the appropriate
studies, accompanied with the appropriate exercises—di-
rected by a certain rule, and conducted infallibly to a cer-
tain result.

In all the celebrated schools of Athens, this was the plan
of education; and there the ingenious youth, blessed with
faculties of promise, never failed to attain the eminence
aspired to, unless his perseverance failed. Hence the
mighty effects of those schools; hence that immense tide
of great men which they poured forth in all the depart-
ments of science and letters; and especially of letters; and
hence, too, the astonishing perfection of their works. A
celebrated writer, filled with astonishment at the splendor
as well as the number of the works produced by the schol-
ars of these schools, ascribes the event to the hand of a
wonder-working Providence, interposed in honor of human
nature, to show to what perfection the species might ascend.
But there was nothing of miracle in it; the means were
adequate to the end. It is no wonder at all that such
schools gave to Athens her Thucydides in history, her Plato
in ethics; her Sophocles to her drama, and her Demosthe-
nes to her forum and her popular assemblies; and gave to
her besides that host of rivals to these and almost their
equals. It was the natural and necessary effect of such a
system of education ; and especially with a people who held,
as the Athenians did, all other human considerations as
cheap in comparison with the glory of letters and the arts.

It is true, this their high and brilliant career of literary —
glory was but of short duration ; for soon as it had attained
its meridian blaze it was suddenly arrested; for the tyrant
came and laid the proud freedom of Athens in the dust,
and the Athenians were a people with whom the love of
glory could not survive the loss of freedom. For freedom
was the breast at which that love was fed; freedom was the
element in which it lived and had its being; freedom gave
to it the fields where its most splendid triumphs were
achieved. The genius of Athens now drooped; fell from
its lofty flights down to tame mediocrity—to ephemeral
works born but to languish and to die; and so remained
during the long rule of that ruthless despotism—the Mace-
donian ; and until the Roman came to put it down, and to
merge Greece in the Roman empire. Athens now was
partially restored again to freedom. Her schools which
had been closed, or which had existed only in form, revived
with something of their former effect. They again gave

|
|
|
|
|
|
|

TWENTY-FIFTH CONGRESS, 1837-39. 163

forth some works worthy of their former fame, though of
less transcendant merit ; and they now gave to Rome the
Roman eloquence and literature.

Grecia capta serum Victorem cepit, et artes

Intulit agresti satio:
and, if we are wise to profit by their example, may yet give
to us an equal eloquence and literature.

I mention these things to show what encouragement
we have to this enterprise—what well rounded hope
of success. We have only to tread the “path that led
the Athenian to his glory, and to open that path to the
youth of our country. All the animating influences of
freedom exist here in still greater force than they existed
there; for while it is not less absolute here, it is better
regulated — better combined with order and security.
Neither is the gift of genius wanting here; the gleams of
this precious ore are seen to break out here and there all
over the surface of our society ; the animus acer et sublimis is
daily displayed by our countrymen in all the forms of dar-
ing and enterprise; the eagle, their emblem, is not more
daring in his flights. And if the love of fame, which was
the ruling passion of the Greek, is not now so strong with
us, it is because the want of the means, the want of plain
and sure directions for its pursuits, begets a despair of its
attainment. The Greek had these means, had these plain
and sure directions; and it was the certainty of success by
perseverance and by their guide that kindled and sustained
his passion, and made it his ruling passion. This passion
is now burning in the young bosoms of thousands of our
youth ; but it is, as I have said, wis consili expers, and strug-
gles in vain because it struggles blindly for the fame it
pants after. Let this Athenian mode of education be
adopted in this instance—let it produce but a few examples
of eminent success, (as I have no doubt it speedily would,)
and thousands would rush to the path that had led to that
success; and members now of this body are yet young
enough to live to see a new era arising in our |
golden age of literature, no less splendid than any that had
gone before it—not excepting even the Athenian.

I know it has been supposed that the Athenians had
something peculiar in their genius, which gave to them
their unparalleled success. But we have seen that when,
with the loss of freedom, they lost their love of literary
glory, they fell back to the ordinary level of mankind ; and
were not at all distinguished for literary merit from the
mass of nations. So it was not nature, but the means
adopted to assist and improve nature, that gave to them

164 CONGRESSIONAL PROCEEDINGS.

their pre-eminence ; and their success was but in exact pro-
portion to the perfection and use of those means.

I could wish, if all were agreed in it, that this institution
should make one of a number of colleges to constitute a
university to be established here, and to be endowed in a
manner worthy of this great nation and their immense
resources. This object, recommended by Washington in
one of his early communications to Congress, has not, as it
appears to me, received the attention it merits. For such
an establishment, formed and conducted as it might be,
would be attended with great and glorious results to this
country—not only by its direct operation in elevating the
standard of education, but by forming a central point, a
local head to all the learning of the country—such as the ©
most learned nations of Hurope have, and from which they
derive the greatest advantages. But as opinions are divided
upon this subject—not, I should hope, as to the great de-
sirableness of such an establishment—but as to the consti-
tutional competency of Congress to undertake it, I will not
embarrass my present object by involving it with that sub-
ject. This, as an independent institution, may hereafter be
made a part of such a university, should one be established ;
but it is now to be looked at only as an independent institu-
tion. Still I should hope that the liberality of Congress
would so far concur with the generosity of this foreign ben-
efactor as to give full effect to his beneficent purpose ; and
would not only give the grounds convenient for the accom-
modation and location of the buildings, but would also
make an appropriation of money therefor sufficient to cover
the cost of their erection; leaving the whole amount of the
legacy as a fund, the proceeds of which to be applied to
the accumulation of books and apparatus—and to the sup-
port of the instruction and government of the institution ;
otherwise the whole thing, I fear, will prove a failure by
the expense of the outfits; at least when compared to the
results which it might be made to produce. For though
the salaries of instruction should not be over large, yet they
should be so liberal as to command the services of the ablest
instructors in every department embraced by the plan of
education. This is not the occasion for a detail in full of
the plan of education which I should wish to see adopted ;
I will, however, beg leave to give its outline; premising
that my object would be to give both learning and ability,
but ability as the primary object. Ability, as I have stated,
can only be given, as [ am fully persuaded, by appropriate
exercises directed by a certain rule; that is, by the princi-
ples of the art, whatever that art may be. So that exercises,

TWENTY-FIFTH CONGRESS, 1837-39. 165

exercises, would be the Alpha and Omega of my system.
The studies should be combined of science and literature
with its appropriate arts. As to science, they should be
restricted to science properly so called—to pure original
science—with some of the practical branches thereof not
necessary now to be indicated ; excluding professory learn-
ing altogether. As to literature, the studies should be
given to select models of a perfect literature, and to all
those arts by which that perfect literature has been pro-
duced and may be reproduced, accompanied by all those
exercises regularly and ardently pursued, by which power
and skill is given in those arts. The preliminary studies to
qualify for admission should also be prescribed. I would
have a model school for this preparation annexed to this
institution and made a part of the establishment.

Such an institution, conducted by great masters, as I
should hope the instructors to be, and without such indeed
nothing great in education can be accomplished whatever
the system may be ; but, conducted by great masters, would
make the illustrious stranger, the founder of the institution,
as I think, one of the greatest of benefactors to our country
and to mankind, and to be worshipped almost, here at least,
as the patron saint of education.

Mr. Preston rose and said: Unquestionably the subject
to which my venerable friend, the honorable Senator from
Rhode Island, has called the attention of the Senate, is one
of great importance, demanding the grave consideration of
Congress. As it is in the order of Providence that, as the
mind is enlarged, our moral nature is also exalted, there
can be no object more beneficent or dignified than that
which the acceptance of this legacy presents to us. And
surely, Mr. President, the establishment of the Smithso-
nian Institute could not commence under more favorable
auspices than to have attracted the care of the honorable
Senator, who in every way is so eminently qualified to take
charge of whatever concerns the interest of learning or of
charity. No one has more experience in his own heart, or
more exemplified in his own character, the benign influ-
ences of education, than the honorable gentleman; and no
one, therefore, in this body, was so fit to have submitted
the resolution before you, or to \cast the foundations of an
institution, whose duration, we may hope, will bear a pro-.
portion to its enlarged objects. Iam sfire I but speak the
sentiments of all the Senators, when I offer him my earnest
thanks for the lead he takes in this matter. Nor can I for-
bear also, to thank him for introducing those elegant and
elevated topics which carry us for a moment into regions of

166 CONGRESSIONAL PROCEEDINGS.

calm and serene air, above the smoke and din of our accus-
tomed and more strenuous efforts on this floor. It is pleasant
to repose upon the green spot he has presented to us.

I rejoice that this subject demands our attention at this
session. After a long term of useful and honorable public
service, my honorable friend is now about to terminate his
co-operation with us on this floor. It is his lastsession. It
is a fortunate, as it is a most just and fit termination of his
official productions, that he at once finishes and perfects
them by inscribing his name where it will be most appro-
priately placed—upon an institution for the promotion of
knowledge.

SENATE, January 11, 1839.
Mr. Robbins’ resolution was adopted, and it was ordered
that Messrs. Robbins, Preston, Rives, Buchanan, Benton,
Southard and Bayard be the committee.

SENATE, January 14, 1839.

Message from the House that Senate resolution (No. 7)
had been concurred in.

SENATE, January 15, 1839.
Message from the House that a resolution had been passed
concerning the Smithsonian bequest.

SENATE, January 16, 1839.
The resolution of the House was laid on the table.
SENATE, January 28, 1839.

The Senate concurred in the resolution from the House
to authorize the joint committee on the bequest of James
Smithson to employ a clerk, and to cause such papers as
they may deem necessary to be printed.

Senate, Mebruary 18, 1839.

Mr. Robbins, from the committee on the Smithsonian be-
quest, submitted the following resolutions ; which were read,
and ordered to be printed:

1. Resolved, That it is the duty of the United States, they having accep-
ted the trust under the will of Mr. Smithson, of London, to execute that
trust bona fide, according to the true intent and meaning of the testator.

2. Resolved, That the trust being to found an institution in the city of
Washington, for the increase and diffusion of knowledge among men, the
kind of institution which will have the effect intended and described, in the
most eminent degree, will be the kind of institution which ought, in good
faith to be adopted, as being most in accordance with the true intent and
meaning of the testator.”

3. Resolved, That all experience having shown scientific and literary in-
stitutions to be by far, the most effectual means to the end of increasing
and diffusing knowledge among men, the Smithsonian Institution should be
a scientific and literary institution, formed upon a model the best calculated
to make those means the most effectual to that end.

TWENTY-FIFTH CONGRESS, 1837-39. 167

4. Resolved, That to apply said trust fund to the erection and support of
an observatory, would not be to fulfil bona fide the intention of the testa-
tor, nor would it comport with the dignity of the United States to owe
such an establishment to foreign eleemosynary means. ;

Mr. Rossrns, from the committee appointed on the part
of the Senate, on the Smithsonian bequest, reported the
following bills; which were severally read, and passed to
the second reading :

[S. No. 292.]

A BILIL providing for the disposition and management of the fund be-
queathed to the United States, in trust, by James Smithson, of London,
deceased, for the establishment of an institution for the increase and dif-
fusion of knowledge among men.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That all sum or sums of money
heretofore received, or which shall hereafter be received, under and in pur-
suance of the last will and testament of the late James Smithson, deceased,
of London, and all fund or funds, stock or stocks, or evidence or evidences
of public debt whatsoever, in which said sum or sums of money have been,
or shall hereafter be, invested, shall be, and are hereby, constituted and
declared to be a fund to be named or styled ‘* the Smithsonian fund,’ and
shall be under the management and control of nine trustees, to be styled
‘the board of trustees of the Smithsonian fund,” subject, however, to such
rules, regulations, and restrictions as the Congress of the United States
may or shall, from time to time, make, ordain, or establish; and said
trustees shall constitute a portion of such corporation as shall hereafter be
created by Congress for the government of an institution for the increase
and diffusion of knowledge among men.

Sec. 2. And be it further enacted, That the said trustees shall hold their
offices for the term of one year, and until their successors be appointed,
and shall be appointed annually on or before the day of ,
in the following manner, that is to say: three of the said trustees shall be
appointed by the Senate and three by the House of Representatives, in such
manner as the said Houses shall respectively determine, and the remaining
three shall be appointed by the President of the United States; and the
trustees so appointed, or a majority of them, shall meet together, in the
eity of Washington, on the day of next succeeding
their appointment, and shall elect one of their own body as President of
said board ; they shall have authority to appoint a clerk and printer, and
fix their respective compensations ; and make and establish such rules and
regulations for their own government as they may deem necessary or proper ;
hold one or more sessions for the transaction of business during the recess
of Congress; and adjourn from day to day, as they may deem proper;
they shall keep a journal of their proceedings, and report the same, or an
attested copy thereof, to both Houses of Congress on or before the
day of , in each and every year,

Sec, 8. And be it further enacted, That all expenditures made by the
said board shall be subject to the approval of the President of the United
States ; and all the accounts thereof shall be reported to the Secretary of
the Treasury, and audited, under his direction, by the proper officers of the
Treasury Department ; and the said board shall report to Congress, at every
session thereof, the state of the Smithsonian fund, and a full statement of
their receipts and expenditures during the preceding year.

Sxc. 4. And be it further enacted, That the said trustees be, and they aro
hereby, specially authorized and directed to prepare such a charter of
incorporation, and such a plan of an institution for the increase and diffu-
sion of knowledge among men, as to them may appear best adapted to

168 CONGRESSIONAL PROCEEDINGS.

carry into effect the bona fide intention of the testator, the said James
Smithson, and to report the same for the consideration and action of Con-
gress at the next session thereof.

[S. No. 293.]

A BILL to provide for the disposal and management of the fund be-
queathed by James Smithson to the United States, for the establishment
of an institution for the increase and diffusion of knowledge among men.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Vice-President of the
United States, the Chief Justice of the United States, the Secretaries of
State and of the Treasury, the Attorney General of the United States, and
the Mayor of the city of Washington, all during the time when they shall
hold their respective offices, together with three members of the Senate and
four members of the House of Representatives, to be annually elected by
their respective Houses, on the fourth Wednesday of December, shall be,
and hereby are, constituted a body politic and corporate, by the style and
title of the trustees of the Smithsonian Institution for the increase and dif-
fusion of knowledge among men, with perpetual succession, and the usual
powers, duties, and liabilities incident to corporations.

Sec. 2. And be it further enacted, That the corporation so constituted
shall have power to appoint from citizens of the United States, other than
members of the board, a secretary and a treasurer, to hold their offices dur-
ing the pleasure of the board, and removable at their pleasure, and others
to be appointed in their places, and to fix their compensations. And the
secretary and the treasurer only shall receive pecuniary compensation for
their services, and those of the members of the board of trustees shall be gra-
tuitous. And the offices of secretary and treasurer may, at the discretion of
the board of trustees, be held by the same person. The secretary and
treasurer shall be sworn to the faithful discharge of the duties of their
respective offices, and the treasurer shall give bond, with the penalty of
fifty thousand dollars, with sureties, to the satisfaction of the Secretary of
the Treasury, for the sate custody and faithful application of all the funds
of the Institution which may come to his hands or be at his disposal.

Src. 8. And be it further enacted, That the sum of placed in the
Treasury of the United States on the day of as the
proceeds in part of the bequest of James Smithson to the United States,
together with all sums which may hereafter be realized, shall be passed
hereafter to the credit of a fund to be denominated the Smithsonian fund,
in the Treasury of the United States. And the faith of the United States
is hereby pledged for the preservation of the said fand undiminished and
unimpaired, to bear interest at the rate of six per centum a year, payable
on the first days of January and July to the treasurer of the board of
trustees of the Smithsonian fund, to be applied to the purposes of the fund,
conformably to the laws, and subject to the revision and regulation of the
board of trustees.

Src. 4. And be it further enacted, That no part of the said Smithsonian
fund, principal or interest, shall be applied to any school, college, univer-
sity, institute of education, or ecclesiastical establishment.

Suc. 5. And be it further enacted, That the appropriations to be made,
from time to time, by Congress, to the purposes of the Smithsonian Insti-
tution, as declared by the testator, shall be exclusively from the accruing
interest, and not from the principal of the said fund: Provided, That Con-
gress shall retain the power of investing, at their discretion, the principal
of said fund in any other manner so as to secure not less than a yearly in-
terest of six per centum.

Src. 6. And be it further enacted, That the sum of thirty thousand dol-
lars, part of the first year’s interest accruing on the said Smithsonian fund,
be, and the same is hereby, appropriated towards the erection and estab-
lishment, at the city of Washington, of an astronomical observatory,

TWENTY-FIFTH CONGRESS, 1837-39. 169

adapted to the most effective and continual observation of the phenomena
of the Heavens; to be provided with the necessary, best, and most perfect
instruments and books, for the periodical publication of the said observa-
tions, and for the annual composition and publication ofa nautical almanac.

Src. 7. And be it further enacted, That the said observatory shall be
erected under the direction of the Secretary of the Treasury, subject to the
approbation of the President of the United States; and the site of the
same shall be selected upon land, in the city of Washington, belonging to
the United States; and the land necessary for the same, and for any
other buildings proper to be connected with the said observatory and the
appurtenances thereof, is hereby granted, and shall be duly conveyed, as a
deed of gift, to the trustees of the Smithsonian fund, and to their succes-
sors forever, in aid of the purposes of the said Institution.

Src. 8. And be it further enacted, That all expenditures made by the
said board shall be subject to the approval of the President of the United
States, and all the accounts thereof shall be reported to the Secretary of
the Treasury, and audited, under his direction, by the proper officers of the
Treasury Department; and the said board shall report to Congress, at every
session thereof, the state of the Smithsonian fund, and a full statement of
their receipts and expenditures during the preceding year.

Sec. 9. And be it further enacted, That the first meeting of the trustees
of the Smithsonian fund shall be held at the city of Washington on the
third Monday of January next, and that, in the mean time, the custody of
the said fund, and the expenditures under the appropriation herein made,
shall be held and authorized by the Secretary of the Treasury, subject to
the approbation of the President of the United States.

Senate, Pebruary 25, 1839.

The bill (8. 292) providing for the disposition and man-
agement of the fund bequeathed to the United States in
trust, by James Smithson, of London, deceased, for the
establishment of an institution for the increase and diffusion
of knowledge among men, was read the second time, and
considered, as in Committee of the Whole.

On motion by Mr. Husparp, that the bill lie on the table,
it was determined in the aftirmative—yeas, 20; nays, 15.

On motion by Mr. Hunparp, the yeas and nays being
desired by one-fifth of the Senators present; those who
voted in the affirmative are—

Messrs. Allen, Bayard, Benton, Brown, Calhoun, Clay of Alabama,
Hubbard, King, Lyon, Morris, Mouton, Niles, Norvell, Roane, Robinson,
Smith of Connecticut, Strange, Williams of Maine, Williams of Missis-
sippi, Wright.

Those who voted in the negative are—

Messrs. Clay of Kentucky, Davis, Fulton, Knight, Linn, Merrick,
Prentiss, Preston, Rives, Robbins, Ruggles, Sevier, Smith of Indiana,
Walker, Young.

So it was ordered that this bill lie on the table.
Senate, February 28, 1839.

Mr. Rossrns submitted the following motion for consid-
eration :
Resolved by the Senate, That the mayor and city council of the city of

170 CONGRESSIONAL PROCEEDINGS.

Washington be, and hereby are, authorized to prepare and report a plan of
an institution, to be called the Smithsonian Institution, to be founded on
the bequest of Mr. James Smithson, of London, and to report the same to
the Senate at the next session of Congress.

Senate, March 1, 1839.

The Senate proceeded to consider the motion submitted
yesterday by Mr. Robbins respecting a Smithsonian Institu-
tion; and, on motion by Mr. Cray, of Alabama, ordered
that it lie on the table.

PROCEEDINGS IN THE HOUSE OF REPRESENTATIVES.

Houses or Representatives, March 5, 1838.

On motion of Mr. Cuinps,

Resolved, That the President be requested to communicate to this House
(if the same can be done without prejudice to the public service) all the
documents and information in his possession relative to the prosecution of
the claim to the Smithsonian bequest; also, what duty has been performed,
and remains to be performed, by the agent employed at London, in refer-
ence to said claim, and how the money heretofore appropriated by Congress
has been applied.

Hovust or REPRESENTATIVES, June 28, 1838.

Mr. Rencuer, on leave, submitted the following resolu-
tion; which was agreed to:
Resolved, That the Committee of Ways and Means inquire into the expe-

diency of authorizing a temporary investment of the Smithsonian legacy,
as soon as it shall be received by the President of the United States.

Houses or Representatives, July 2, 1838.

Mr. CaMBRELENG, from the Committee of Ways and
Means, reported the following bill:

[H. R. No. 863.]

A BILL to provide for the investment of money received under the will of
the late James Smithson, of London.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That all money arising from the
bequest of the late James Smithson, of London, for the purpose of found-
ing at Washington, in this District, an institution to be denominated the
Smithsonian Institution, shall be paid into the Treasury, and invested by
the Secretary of the Treasury, with the approbation of the President of the
United States, in stock of the United States, to be created for that purpose,
bearing interest at the rate of six per centum per annum, payable annually;
that the certificates for said stock shall be issued by the Secretary of the
Treasury to the President, who shall hold the same in trust for the uses
specified in the last will and testament of said Smithson, until provision is
made by law for carrying the purpose of said bequest into effect; and that
the annual interest accruing on the stcck aforesaid shall be in like manner
invested for the benefit of said institution.

TWENTY-FIFTH CONGRESS, 1837-39. Lm

House oF Representatives, July 9, 1838.

Mr. CaLHoun, of Massachusetts, submitted the following,
which was agreed to:

Resolved, That the President of the United States be requested to cause
to be laid before the House during the first week of the next session of Con-
gress, all such communications, papers, documents, &c., now in the posses-
sion of the Executive, or which can be obtained, as shall elucidate the
origin and object of the Smithsonian bequest, and the origin, progress, and
consummation of the process by which that bequest has been recovered,
and whatever may be connected with the subject.

Houser oF REPRESENTATIVES, December 10, 1838.

Two messages were received from the President of the
United States, as follows :

, FIRST MESSAGE,
To the House of Representatives of the United States :

I herewith transmit to the House of Representatives
reports from the Secretary of State and the Secretary of
the Treasury, with accompanying documents, in answer to
the resolution of the House of the 9th of July last.

WasuHineton, December 7, 1838.

Ordered, That said message be referred to a select com-
mittee.

Mr. John Q. Adams, Mr. Smith, Mr. Ogle, Mr. Charles
Shepard of North Carolina, Mr. Holt, Mr. Thompson, Mr.
Hunter of Ohio, Mr. Kennedy, and Mr. Garland of Vir-
ginia, were appointed said select committee.

SECOND MESSAGE.

For second message see Senate Proceedings, December
10th.

Ordered, That said message be referred to the select com-
mittee last appointed.

House oF REPRESENTATIVES, December 20, 1838.

Mr. John Quincy Adams presented a memorial of Charles
Lewis Fleischmann, a citizen of the United States, showing
the importance of, and the benefits which may arise from,
the establishment of a national agricultural school, as a
branch of the Smithsonian Institution; which memorial
was referred to the select committee appointed on two
messages from the President in relation to the Smithsonian
bequest.

On motion of Mr. John Quincy Adams

Ordered, That the memorial of Walter R. Johnson, for an institution for
experiments in physical sciences, presented May 21, 1838, be referred to the
select committee appointed on two messages from the President in relation
to the Smithsonian bequest.

172 CONGRESSIONAL PROCEEDINGS.

The following is the memorial of Prof. Walter R. Johnson:

To the Senate and House of Representatives of the United States,
in Congress assembled.

The memorial of the undersigned, a citizen of the United
States, respectfully represents—

That, having been for many years devoted to the investi-

gation ‘and elucidation of those departments of science
which pertain to the practice of the useful arts; and hav-
ing, as he conceives, witnessed on various occasions the
serious detriment which the public interest has suffered
from the want of a national institution to encourage and
facilitate the cultivation of these departments of knowledge
on which these arts are founded, he has at this time ven-
tured to present himself as a memorialist before your
honorable bodies, and to ask permission to set forth the
importance and necessity of such an institution to the coun-
try, and its claims to the countenance of the (Government.
of the United States.

In a clear comprehension of the internal resources of the
country, the whole nation possesses a deep and a growing
interest; and in those vast portions of territory constituting
the public domain, the Government has a stake of immense
magnitude. But great as these interests are, and much as
they demand the services of men, professionally devoted te
their elucidation, the United States as yet possess no insti-
tution appropriated to the formation of those habits, and
the acquisition of that skill which might insure the success
of such researches.

The want of an institution for these purposes is daily
rendered more striking, in proportion as the enterprise of
our citizens is enlarged, and as a reliance on our own
resources becomes the more obviously necessary. But the
determination of the value of the natural resources of the
country is far from being the only motive for the establish-
ment of an institution for prosecuting researches in phys-
ical science. Those resources require to be applied and
improved, as well as discovered and described.

A further purpose, therefore, to be effected by such an
institution is the enlarging of those resources, by the intro-
duction of improvements in agriculture, and by naturaliz-
ing the productions of other climates to the soil of our
widely extended territory—the encouraging of those arts
which are essential to our national prosperity and independ-
ence—the diffusing of important information respecting the
commercial value “of our different resources—the examin-

ing of questions in every department of physical research,

TWENTY-FIFTH CONGRESS, 1857-39. 178

connected with the public service, and the preventing of
those impostures, to which both individuals and the public
are liable, while important physical truths remain unex-
lained.

Motives of higher import are not wanting: inducements
drawn from an exalted patriotism might be presented, in
favor of such measures as might place our national re-
sources, institutions, and arms of defence above a depend-
ence on the science of foreign nations.

In recognizing the important truth, that the power, free-
dom, and happiness of nations are essentially connected
with a comprehension of their own natural advantages, not
less than with the wisdom, firmness, and prudence of those
who are exalted to civil authority, we discover at once the
vast magnitude of the obligation imposed on the people of
this Union to become thoroughly acquainted with the re-
sources of their country.

It is said, and said truly, that every freeman should
understand the civil constitutions of the country which
secure his rights; and is it less imperative to understand its
physical constitution, which secures his existence ?

Whoever loves his country would see her great, power-
ful—loved at home, and respected abroad. And what ele-
ment in her greatness, her power, her loveliness, her
respectability, is more sure to win the affections, than the
rich abundance of her natural advantages, and the ability
of her citizens to comprehend, to develop, and enjoy them ?

It is a mark of a meek colonial dependence, to remain
ignorant of all but the most obvious features and produc-
tions of a country; and it is an evidence of something
worse than colonial dependence, for a nation professing to
be independent, to receive from foreigners all the knowledge
that they ever acquire of the natural features and resources
of the country, and of their application to useful purposes.
Why need we cite the examples of antiquity? Why go to
India, to Africa, to New Holland, to seek illustrations of
this truth? What is the condition of the colonies still
remaining on this continent, in regard to a knowledge of
their respective territories? With what jealousy did the
courts of Madrid and Lisbon spread for three centuries a
midnight of ignorance, with regard to the arts, over the
fairest portions of the globe !

And what was the state of the useful arts, in those coun-
tries, at the moment when they at last greeted the uncertain
dawn of a questionable liberty? What is their degree of
weakness and irresolution, even at this day, superinduced

174 CONGRESSIONAL PROCEEDINGS.

by an habitual neglect of the bounties of nature, and the
achievements of art? How utterly at the mercy of strangers
—how little competent to assert the dignity of any national
character, are most of the Spanish American republics! It
is not pretended that ignorance of their resources is the
only cause of this degradation; but that the former may at
least be considered a fair index to mark and measure the
latter.

But, it may be asked, what great national interests will
be benefitted by an institution like that now proposed? The
reply is easy.

Wherever, in prosecuting his designs, man has occasion
to call to his aid the energies of nature, there will researches
in physical science find an appropriate sphere of action.
And wherever any national interest involves the production
or use of material objects, there must the energies of nature
be more or less constantly put in requisition.

Among the prominent interests affected by the existence
and operation of an institution for physical researches, are
those of agriculture, of the army, the navy, the public
domain, engineering and topography; architecture, civil,
military, and naval; the mining industry of the country
and its interests in the success of the inventive genius of
its citizens. To these must be added commerce and manu-
factures.

That all these subjects are regarded as public interests, is,
perhaps, sufficiently evinced by the fact, that in the distri-
bution of the subjects of legislation in Congress, each, with
the exception of mining, is deemed of sufficient importance
to merit the attention of a separate standing committee of
each House. ‘Thus there is in each House a committee on
agriculture, on military affairs, on naval affairs, on the
public lands, on roads and canals, on public buildings, on
patents and the patent office, on commerce, and on manu-
factures.

The foregoing statement is made in order to show that,
in asking the attention of the national authorities to this
subject, there is no design to obtrude upon their notice
matters not already within the acknowledged and long con-
ceded sphere of constitutional action; that there is no
attempt to introduce a course of legislation, on concerns
foreign to those great interests of the nation, for the protec-
tion of which the fundamental law has invested the Legis-
lature with ample powers.

1. In no department of industry is the need of experi-
mental science more evident than in that of agriculture.

TWENTY-FIETH CONGRESS, 1837-39. 175

The labor of research and observation in this department
belongs alike to the botanist, the zoologist, and the chemist.
The first should investigate the physiology and habitudes of
all those vegetable productions which constitute so large a
portion of “the products of farming operations, together
with the accidents, blights, and diseases, to which they are
liable, the insects by which their growth or usefulness may
be affected, and the method of securing and reducing to a
merchantable form the crops of each vegetable, when ma-
tured. The introduction of exotic plants, and the treat-
ment which may insure their success in our climate, with
the method of regulating and varying the succession of
erops, to avoid the exhaustion of soils, would appropriately
fall under the same branch of the agricultural department.

The practicability and the proper methods of cultivating
the vine, the olive, the mulberry, the sugar beet, the Sisal
and Manilla hemp, the New Zealand flax, and other fibrous
vegetables fit to furnish textures and cordage, would also
appropriately fail under the botanical division of agricultu-
ral science.

The collections in this department would exhibit samples
of not only the ordinary and the rare specimens of each
plant, but also the diseased individuals and the vegetable
monsters of each class, displaying, when practicable, the
cause of such disease or monstrosity. Under the botanical
division is necessarily included, also, whatever pertains to
horticulture and the management of fruit in all its varie-
ties.

Zoology applied to agricultural purposes would make
known the rearing and treatment of every species of useful
domestic animals, whether bird or quadruped, the kinds of
labor to which any of them may be applied while living ;
the diseases, contagious or otherwise, to which they may De
liable ; the value and uses of their living products, as milk,
wool, hair, or feathers, and the importance to man of their
flesh, sinews, bones, horns, and pelage, when slaughtered.

The best methods of domesticating or naturalizing desira-
ble species of animals not now in use in this country, and
improving the breeds of all such as may be susceptible of
melioration, would likewise come under the cognizance of
this department. To the same would pertain an examina-
tion of such of the inferior races of animals which are
either useful, as the bee and the silk-worm, or noxious and
destructive, as the Hessian fly, the locust, the w eevil, and the
canker worm, as well as of those parasitic insects which
often prove so annoying and destructive to the larger ani-

176 CONGRESSIONAL PROCEEDINGS.

mals, together with the methods of their extermination.
In short, an agricultural study of animal beings must deal
with the physiology and structure of each race, in every
stage of its existence. How wide is this field of inquiry,
and how momentous to the interests of agriculture, needs
not to be demonstrated.

But to the chemist is assigned, in connection with agri-
culture, a branch of duty not less important, and, if any-
thing, more difficult, than to either of the preceding. To
him belongs not only the duty of ascertaining the constitu-
ents of every soil, and the ingredients which render it
either barren or fertile, which adapt it to peculiar produc-
tions, which cause it to require more or less labor in the
tillage, but also that of determining the nature of the dress-
ing which may restore it when exhausted, whether the same
should consist of animal, vegetable, or mineral substances,
and in what proportions. He must also examine the con-
stituents, immediate and ultimate, of each vegetable, and
trace the relation between the character of a soil and that
of the vegetable substances which it is capable of produc-
ing.

In various parts of our country it is well known that
shell and other limestones, marl, gypsum, and alluvial
deposits of various kinds, are resorted to for furnishing
the dressings of worn-out or barren soils; and yet it is
equally well known that not every soil is alike benefited by
the same dressing. Even among the marls, some produce
an eftect absolutely injurious, on the very soils which others
would fertilize in a high degree. Hence the importance of
designating, by means of chemical analysis, the fertilizing
or non-fertilizing properties of every compost used in the
dressing of land, its adaptation to each soil, and its utility
as applied to each production which that soil is designed to
yield.

Though almost unknown in our country, and unapplied
to its industry, the subject of agricultural chemistry has not
been deemed unworthy to engage the best talents of Euro-
pean chemists. In proof of this, we need only recur to the
names of Henry and Ure, and the immortal Davy.

The three branches of agricultural science above de-
scribed would in their several collections present an exhibi-
tion of exceeding interest, and one every way worthy to
fix the attention of the multitudes of citizens who annually
visit the seat of Government, as well as of the assembled
representatives of the people.

Stored in appropriate receptacles would be found the

TWENTY-FIFTH CONGRESS, 1837-39. LEE

botanical treasures of every portion of our territory, and
the useful products of every foreign clime; so that, while
our conservatory of arts and trades, now rising with
increased splendor from the ashes of its late conflagration,
shall receive the monuments of inventive genius, the con-
templated depository of our natural riches would soon vie
with it in curiosities and in usefulness.
2. Of the importance to the military interests of the
country of an institution like that herein proposed no
doubt can be entertained, when we take into view the great
number of practical subjects which, in that service, it is
necessary to determine by actual experiment. Questions
relating to the form, construction, and efficiency of ord-
nance and arms of every description, the effect of projec-
tiles as related to their weight, bulk, and velocity, and to
the charges by which they are projected, or to the length,
weight, windage, and other circumstances of the guns em-
~ employed; to the durability of the latter, as dependent on
_ the quality of metal used in their fabrication, or on the
— method of casting and subsequent preparation for service,
are often presented for solution.
| In connection with the products of a national foundry,
should such an establishment be authorized, the prosecu-
tion of experiments would be of the utmost consequence,
and they certainly cannot be less important when the ord-
nance for our army and navy is manufactured entirely by
_ contract. Much of that skill which is required in the
_ fabrication of small arms is dependent on a just application
of scientific principles; and careful researches into the
nature of tbe materials, and the best methods of working
them, is often demanded. Nor are inquiries for this
department of public service confined to one or a few
materials. Iron, copper, and zinc, brass, and many other
| alloys; materials for tents, clothing, and accoutrements ;
‘the whole range of substances employed in pyrotechny;
the materials for constructing fortifications, whether on the
_ seaboard or in the interior; for gun-carriages and other
_ vehicles; for portable bridges, and for every species of
| camp equipage, are among the objects of attention in this
connection. Nor must the influence of heat, moisture, and
other causes, in destroying the various materials employed
in the military service, or the means of preventing their
injurious effects, be omitted.

The interests of the army, then require many series of
_ experimental inquiries. And though, for the purposes of
educating youth to the profession of arms, it is admitted

12

LIS CONGRESSIONAL PROCEEDINGS.

that we have an institution which has received many high
enconiums for excellence, yet it is certain that original inves-
tigations of physical truth are not the objects contemplated
or mainly pursued in that establishment. Consequently, its
existence in full activity and usefulness does not diminish
the necessity of a national institution for the purposes now
proposed.

3. To the naval service of the country the subject offers
a great variety of important considerations. The whole
business of navigation, whether for commercial or for war-
like purposes, ought to be founded on the most accurate
scientific principles; and every motive which should impel
the mechanic or engineer to guide his practice by the lights
of science is equally or more urgent on the mariner. In
the prosecution of his adventurous enterprise, the latter
must encounter every element of nature. Taking, as we
now do, steam navigation into the account, we find him
engaged at the same moment in a conflict between fire, air,
earth, water, light, heat, electricity, galvanism, magnetism,
chemical action, and the gravitating forces of the earth, the
ocean, and the atmosphere.

To enable him to contend successfully against these
various forces, he must, in addition to the principles of the
art of navigation, with no mean modicum of astronomy,
bring to his aid an extensive range of physical sciences.
Not that a staunch, well-equipped vessel must necessarily re-
quire in him who directs her course all these qualifications :
the above remarks are intended to apply to nautical science
and practice as a whole, embracing whatever belongs to
the naval profession. This requires investigations to be
made into the good qualities and the defects of different
species of timber, the influence of the season of cutting-on
the durability of its various kinds, and the most effective
and economical methods of preventing decay.

Among other materials for naval use requiring attention
are those of cordage, in all their varieties, from the rigid
hempen ropes of our own manufactories, to the rude coir
cable of the east, buoyant and elastic, floating clear of a
rocky bottom, where the heavier hempen line would be
chafed and destroyed; and from the delicate production of
Manilla to the stouter staple of the Sisal hemp of Yucatan.

Far from being distinctly known, and their several quali- —

ties clearly discriminated, these different materials have
hitherto been scarcely distinguished by their proper names,
even among our mariners and merchants. And the names,
characters, and habitudes of the plants which produce the

_
ae

5 pi

a

TWENTY-FIFTH CONGRESS, 1837-39. 179

textile fibres have, if possible, been less clearly understood
than the peculiar properties of the cordage itself. Thus
the name “‘ sea grass” is sometimes applied to the fibres of
a fleshy perennial plant of the agave genus, which grows
on dry rocky hills far in the interior of the country. The
influence of heat and moisture on all the different materials
employed for either cordage, sails, hammocks, bags, or cloth-
ing, presents a wide field for useful research. The relative
strength and durability of tarred and white cordage has
already engaged attention in Europe, but further inquiries
spring up as new materials are introduced.

Not less important than either of the preceding topics is
that of the strength and other properties of iron, as appli-
cable to the fabrication of chain cables and smaller chains
for standing or running rigging, (the latter particularly for
steam vessels,) and of bolts and anchors for all the various
sea and river craft. Not only the strength and elasticity,
but the chemical purity also of this material, and its power
to resist corrosion, are objects of deep interest.

The naval and commercial marine interests are alike in-
volved in an inquiry into the possibility of obtaining an
economical substitute for copper for the sheathing of ves-
sels; and whether that material itself may yet be defended
from the corrosion which now causes so heavy a charge on
the Government, as well as on the private shipowner. A
movable galvanic armature has been suggested for this
purpose, but awaits a trial of its efficacy.

Other subjects of inquiry likewise press upon the atten-
tion, such as the most efficient and economical forms of
pumps, and the best methods of working them; the best
modes of heating, ventilating, and disinfecting vessels at
sea, and of freeing them from vermin; of preserving every
species of provision on long voyages; the practicability of
obtaining fresh water by any convenient apparatus for dis-
tillation on shipboard; and the most effective means of
securing ships from electrical discharges. Time would fail
us to enumerate all the beneficial results of an enlightened
application of science to the operations of dock yards, to
the construction and use of dry docks, screw docks, floating

docks, and marine railways.

To show that the importance of science to the naval
interest is not herein overrated, it may not be amiss to
mention, that a single division of science applicable to this
service of naval construction, that of the influence of form
on the flotation and motion of solid bodies in liquids, has
not been thought unworthy to occupy the attention of some

180 CONGRESSIONAL PROCEEDINGS.

of the ablest philosophers and experimenters of France,
Sweden, and England. The names of Bossut, of Lagher-
jelm, and of Beaufoy, are vouchers for the truth of this
assertion. The labor of the last named author, in which it
appears that his wife was a frequent participator, was truly
Herculean; and the splendid publication and gratuitous
distribution by their son of the thirty years’ scientific
labors of his parents, is a method of building a monument
as novel and touching as it is liberal and affectionate;
while the monument itself is more honorable, perhaps,
than any which the pencils, burins and chisels of Britain
have ever produced.

4, If from the public defence, both military and naval, we
pass to the public revenues, especially to that part which is
derived:from the sale of the public domain, we readily find
ample reason to sustain a call for scientific investigations.

The agricultural value, the geological structure, the min-
eral resources, the botanical productions, the supplies of
water for manufacturing purposes, the true geographical
position, and the force and present direction of terrestrial
magnetism in the regions where the public lands are situ-
ated, are circumstances to be attentively examined in pros-
ecuting a survey of those lands.

The analytical chemist will decide the value, for mining
purposes, of those regions, which the geologist and miner-
alogist shall have explored; while the engineer will note
whatever advantages and facilities may be offered for inter-
nal communications.

The formation of a geological and mineralogical collec-
tion, would result, of course, from the surveys and exami-
nations contemplated in the foregoing remarks. And none,
surely, can doubt the ability of our country to furnish
collections which may stand in competition with the richest
and most celebrated in Europe. Though it is true that
mineralogical exploration, the art of mining, and the chem-
ical analysis of minerals, are almost in their infancy amongst
us, and though it will be remembered, that even geological
inquiries in this country have not surpassed the time of a
single human life, since the father* of American geology is
still among the living; and though, as a natural conse-
quence, we yet know comparatively little respecting the
treasures of our mountains, and forests, and prairies, still,

* William Maclure, Esq., author of ‘Geology of the United States,"’
resident in the city of Mexico; April, 1838. [Since deceased, 1844.]

TWENTY-FIFTH CONGRESS, 1837-39. 181

enough is already known to warrant the brightest anticipa-
tions for the future.

As it regards mineral fuel, the American continent
appears to be peculiarly distinguished. In one or another
of its varieties, that material is found in Nova Scotia, in
Massachusetts, Rhode Island, Pennsylvania, Maryland,
Virginia, Ohio, Indiana, Illinois, Kentucky, Tennessee, and
Missouri; on the Yellow Stone river on the eastern, and
and the Columbia on the western side of the Rocky Moun-
tains ; in the province of Durango in Mexico; in the Island
of Cuba; on the lofty Andes of Peru; at the Cerro di
Pasco and Huallanca, bordering on perpetual snow; and
near the level of the sea, at the city of Conception, on the
coast of Chili. But in the Central and Western States of
this Union the greatest abundance and variety of this fuel
has hitherto been discovered. It is hardly more than thirty
years since so little was known of the coal of Pennsylvania,
that a wealthy and enterprising citizen, who had caused a
wagon load of excellent anthracite to be transported from
the valley of Wyoming to Philadelphia, at an expense of
fifty dollars a ton, and had parceled it out for trial among
his friends, was soon beset by the latter with rebuke and
ridicule, for having, as they alleged, attempted to palm
upon them a heap of black stones, under pretence of their
being coal, while in fact they could no more ignite them
than if they had been so much granite. A fortunate occur-
rence at length dissipated their incredulity, and saved the
credit of the worthy citizen ; and the results of that interest
which was thus awakened on the subject have led to a
knowledge of the mineral resources of that State, far more
accurate than had ever previously existed.

A view of the map of Pennsylvania presents us with
nearly the form of a parallelogram, of which the eastern
end is replaced by the irregular line traced by the course of
the Delaware river. If lines were drawn parallel to the
western boundary of the State, running north and south,
one mile apart, so as to divide the whole State into strips
one mile wide, proceeding eastward and ending with the
first of those lines which should strike the Delaware river,
every one of those belts would, it is confidently believed,
contain some portion of a coal field; and if these dividing
lines were crossed by others a mile apart, running east and
west, dividing the State throughout its whole breadth into
similar strips, every one of the latter, except perhaps a few
on the northern border, would also contain more or less
coal ; and we could scarcely draw, over the surface of that

182 CONGRESSIONAL PROCEEDINGS.

State, in any direction, a straight line equal in length to the
breadth of the State, without traversing a bed of iron ore,
or of limestone, or of both. It is not doubted that equally
interesting proofs of the prodigality of nature towards our
country may be found in other States and territories of the
Union, nor is it necessary to dwell on the importance of
obtaining accurate information respecting them.

In regard to our extensive lead mines, the value of such
information will be readily perceived by comparing the -
present abundant supply of that article with the condition
of things when it was obtained only by importation, and
when organ tubes of that metal were taken from the
churches to yield a scanty supply of bullets to Washing-
ton’s little army at Cambridge.

It is unnecessary to dwell on the importance of obtaining
accurate information respecting the metals employed for
coin. Whatever materials the financial wisdom of the
nation shall at length decide to render current, as the
medium of exchange and the standard of value, our mines
of the precious metals, their nature, extent, and richness,
must ever remain objects of deep interest, both to individ-
uals and to the public.

The value to be attached to our materials for architectural
constructions and other ornamental purposes yet remains to
be fully developed. Enough, however, is known to assure
us that we have among our marbles for massive structures,
those which may vie with the Pentelican of Greece; for
ornamental furniture, with the variegated species of Egypt;
and for beautiful statuary, with the snow-white Cararra of
Italy. With lithographic limestone we need no longer call
on Germany to supply us. Our mineral colors, hydraulic
cements, and fire clays, need only be better understood in
order to supercede entirely similar articles from abroad.

A patriotic resolution of one branch of the National
Legislature has recently decreed that the bust of one of our
most eminent revolutionary statesmen shall henceforth rest
on a massive fragment of that iron mountain found in the
rich and productive region which, by a bloodless and hon-
orable purchase, his sagacious counsels annexed to our
beloved country. Would that our thirty years of posses-
sion had taught us other uses of that ore than to lie in
unshaped masses as pedestals for our patriots. Then might
we boast some greater share of that real national independ-
ence, to the attainment of which the whole life of our Jef
ferson was devoted.

5. Passing to the interests of the country, as involved in

TWENTY-FIFTH CONGRESS, 1837-39. 183

her internal improvements, we find much to occupy the
attention of scientific inquirers; and, as the revenues of the
nation are more or less directly benefitted by those improve-
ments, it is perhaps but reasonable that the science to
design and the skill to execute those works should be sup-
plied by means of a national institution. To a limited
extent, our practice has sanctioned this course. Surveyors
and engineers in the service of the Government ‘have, in a
-few cases, been placed at the disposal of the State authori-
ties. For reasons sufficiently obvious, however, no perma-
nent reliance can be placed on such a diversion of military
officers from the peculiar duties for which the Government
has caused them to be educated.

Incidental to the subject of internal commerce is that of
locomotion, whether on land or on water, embracing every
inquiry relative to steam navigation, the causes of explo-
sions, and the methods proposed for insuring safety.

Another incident to this division of the subject is the
introduction into our mining and metallurgic processes of
those improvements which may free our country from a
dependence on foreign skill, foreign shipping, foreign insu-
rance, commission, and brokerage, for every yard of rail-
road iron which is laid throughout the length and breadth
of the land. Over our very richest beds of iron ore, and
coal, and limestone, are laid bars of foreign iron, extending
far away and crossing each other in various directions,
while through their gratings the country looks out at an
importunate creditor beyond the Atlantic. No small por-
tion of the hundred millions which have been borrowed
from Europe for the purposes of internal improvment, has
been applied to the procuring of this article; an article
which it requires no very daring spirit of prophecy to assure
us will one day be exported in immense quantities from the
United States.

6. In reference to the subject of architecture and public
buildings, the acquisition of information by experiment
would often prove a most economical investment of a mod-
erate portion of the means devoted to such constructions.
Besides all the intereresting inquiries relating to the form,
strength, and durability of materials, the permanency of
foundations, and the adhesion of mortars and cements, we
have various questions concerning the influence of temper-
ature in the expansion of building materials, and of the
proper forces to be opposed to such expansions, as well as
to other disturbing causes, which might endanger the sta-
bility of large structures. A competent knowledge of

184 CONGRESSIONAL PROCEEDINGS.

these various subjects would enable our architects to insure
the permanency of their works, without involving the
expenditure of enormous sums, either to replace ill con-
structed tottering edifices, or to surmount imaginary impossi-
bilities.

Other subjects of inquiry, incidental to the department
of art now referred to, would also merit attention. An
understanding of the laws which regulate the motions and
reverberations of sound would not be found unprofitable to.
those who construct halls for the sessions of legislative and
judicial bodies. Exemplifications of this statement are but
too well known at the seat of Government.

Many of the truths which experimental research might
develop would be equally applicable to every species of
architecture, whether civil, military, or naval. Many would
have reference chiefly to buildings on land, while others
would pertain exclusively to submarine constructions, such
as the foundations of piers and docks, sea-walls and break-
waters.

7. That the country has such an interest in the inventive
genius of its citizens as would authorize the establishment
of an institution capable of testing the value, as well as of
proving the novelty, of any invention, seems to have been
fully admitted by the constitution and laws of the United
States.

Several appropriations have, indeed, already been made
for special purposes of this nature, and others have been
recently asked, for objects highly deserving of considera-
tion, as connected with the welfare and safety of the public.
The advantages to be expected from this particular applica-
tion of scientific labor are not limited to any one great
interest. In every branch of the public service, inventions
and improvements may be found beneficial, and in all of
them may investigations be deemed necessary, before an
impartial decision’ can be anticipated.

8. The bearing of numerous investigations on the vast
and complicated interests of commerce, is, perhaps, too
obvious to require even the slightest elucidation. What-
ever facilitates navigation, such as improvements in steam-
boats or other vessels; whatever diminishes the risks
attendant on its prosecution, as improvements in charts, —
beacons, light-houses, telegraphs, and life-boats, and what-
ever transmits rapidly information, or funds, or persons, or
merchandise, is essentially interwoven with the prosperity
of commerce.

9. And since all the facilities and improvements in com-

TWENTY-FIFTH CONGRESS, 1837-39. 185

merce, all the elements and productions and moving forces
of nature, all the inventions of ingenuity, all the obscure
movements of mining industry, all the skill of the architect,
all the science of the engineer, and all the productions of
the agriculturist, are, directly or indirectly, conducive to
the manufacturing and mechanical interests of the country,
there cannot exist a doubt of the value, fo those interests, of
an institution for researches in practical science.

It is by no means supposed by your memorialist that ali
the ramifications of each of the great interests, which have
now been shown to have a stake in the advancement of
useful knowledge, would come simultaneously under inves-
tigation. Researches in each would naturally follow in the
order of its relative importance, and of the facilities for its
examination. ‘To obtain these facilities would be a primary

-step in the operations of the establishment.

The foundation of an institution for practical science is,
in itself, no novel project for the enlightened Government
of a cililized nation to entertain. What an intelligent
stranger might, perhaps, consider more remarkable in the
ease, 1s the fact that so long a period has been allowed to
elapse without witnessing an attempt to erect in our
country such an institution. If examples were required
we might find them in England, in her Royal Institution
and Society of Arts; in Scotland, in the Andersonian In-
stitution, at Glasgow ; in France, in her Polytechnic School
and. School of Mines; and in Prussia, in her ‘* Gewerb-
verein ” at Berlin. To these might be added some local
establishments in our own country. But even if no prece-
dent existed, it would be no valid argument against a
measure prompted by reason, recommended by utility,
sanctioned by our national position, and demanded by so
many important public interests.

For the accomplishment of an object so comprehensive in
its design, a considerable amount of means would doubtless
be required; and your memorialist would have hesitated to
offer at this time his views on a plan for augmenting the
public expenditures, had such been deemed a necessary
consequence. And though tirmly persuaded that, either for
the public or for individuals, no fund is more safe or pro-
ductive than that of useful knowledge, and that in none
other could a more judicious investment be made, yet it is
believed that even the admission of these truths is not
required in order to obtain means applicable to the purposes
now contemplated.

A considerable fund has been represented as likely to be

186 CONGRESSIONAL PROCEEDINGS.

soon forthcoming, through the hands of an agent specially
delegated to Europe, under provision of law for that service,
to obtain a legacy left to the United States, for the express
purpose of founding an institution for the ‘increased dif-
fusion of knowledge among men.” While, therefore, your
memorialist would solicit your honorable bodies to establish
by law an institution for the purposes herein contemplated,
he would also respectfully submit the propriety of inquiring
whether such purposes be not the most appropriate to
which the Smithsonian legacy can be devoted, whenever
the same shall have been received in the United States;
and should this be determined in the affirmative, then to
apply said legacy to the carrying into execution of said law,
and to the promotion of the several objects herein set forth.
Respectfully submitted, Water R. JoHNson.

House or REPRESENTATIVES, January 9, 1839.

On motion of Mr. John Quincy Adams from the select
. ° . .
committee appointed on two messages of the President of
the United States, in relation to the Smithsonian bequest, it
was
Ordered, That the memorial of Charles Lewis Fleischmann be printed,
and that the drawings accompanying the same be lithographed.

The following is the memorial :

Patent OrricE, WASHINGTON, December 8, 1838.

To the Honorable the Senate and House of Representatives
of the United States of America in Congress Assembled :

The memorial of Charles Lewis Fleischmann, a citizen
of the United States, respectfully represents :

That your memorialist had the honor of laying before
Congress, at their last session, (see Doc. of the House of
Representatives, 25th Congress, 2d session, No. 334,) a me-
morial on the subject of agriculture, in which he endeavored
to show the utility and importance of establishing an agri-
cultural school at the seat of Government; while, at the
same time, he entertained doubts whether Congress were
constitutionally empowered to effect so desirable an object.
This object, however, can now be attained without involv-
ing any constitutional questions, as Congress has come into
the possession of the Smithsonian legacy, for ‘the diffusion
of knowledge among mankind ;’’ a bequest bestowed in terms
so general that it cannot fail to embrace the object of this
memorial, and it is left solely to the wisdom of Congress to
designate the particular branch of knowledge which they
may please to select, for the purpose of carrying into effect
the intention of the testator, and thus attain the end of his

TWENTY-FIFTH CONGRESS, 1837-39. 187

enlightened philanthropy, and accomplish the object of his
munificent benefaction.

As the Government are annually adding vast tracts of
valuable lands to the public domain, Congress will doubt-
less regard the consideration of agriculture as among its
first duties, as well as one of the most important means of
promoting the welfare and prosperity of the country—a
country blessed beyond all others by the bounty of nature
and the patriotism of its citizens, and surpassed in the free-
dom of her institutions only by the diversity and fertility of
her soil.

It is a self-evident proposition, that agriculture is the
basis of civilization as well as population. A neglect of
this great truth has doomed the aborigines of this country
again to the desert, and dwindled down their countless
hosts to a few feeble tribes—a few solitary and starving
stragglers, roaming at large, like the beasts of prey they
once pursued in the chase.

The Romans, though a warlike nation, considered agri-
culture as one of the chief sources of their wealth and
welfare, and regarded its systematical pursuit as both honor-
able and patriotic. Cincinnatus was twice called from his
plough to the consulship, and once to the dictatorship; re-
turning each time again to his plough.

The American Cincinnatus, who has so well earned the
title of ‘‘ Father of his country,’ resembled the Roman patriot
not less in his principles and pursuits than his fortunes and
honors. Twice called to the chief magistracy of his country,
and once to the chieftancy of her armies, he returned again
and again to his plough.

The Governments of Europe in the 8th century, to save
the soil from deterioration, and prevent emigration, were
obliged to establish by law the ‘ three-field system,” viz: fal-
low, wheat or rye, and barley or oats; which may still be
traced in France and Germany. To this law Europe owes
her advanced state of civilization.

As the population became more dense, a higher degree of
knowledge in agriculture was required, and several efforts
were made to accomplish it: among others, the establishing
of professorships in universities, to teach agriculture to
statesmen, lawyers, theologians, and physicians. This gave
rise to the perfection of agriculture as a science; but as
universities are not calculated, in many respects, to educate
agriculturists, agricultural schools were established, to illus-
trate theory by practice, which had the desired effect.

This brief historical sketch shows the gradual rise of

188 CONGRESSIONAL PROCEEDINGS.

European agriculture, which the science of chemistry and —
physiology is now bringing to the greatest perfection. |
Let us now compare the general system of agriculture of -
this country with that of Europe, and we shall find that the —
one adopted here is the system of deterioration and emigra- —
tion.
That the effect of such a system will and must have a
very injurious influence on the prosperity of a country, is —
obvious. Unfortunately, the cause does not arise alone
from the insufficient knowledge of agriculture, but also P
from the passion for wealth.
Wealth has always been the object of the ambition of —
individuals as well as of nations, notwithstanding the sound
arguments of moralists. This passion, however, kept in —
proper limits, gives impulse to prosperity ; but as soon as- i
it degenerates into wild speculations, it is then the greatest
obstacle to the liberty, independence, and prosperity of —
mankind, a
But when wealth is produced by agriculture, it banishes —
idleness and the vices connected with it; it renders the ©
greatest portion of the population strong, healthy, and in- —
dustrious ; it is the source of domestic happiness and con- |
tentment, and of all the other social virtues; it renders
nations powerful ; it attaches its citizens to their native
soil, and the success of the national affairs is their highest si
interest. i
To direct the besetting passion for wealth properly, and
to promote the prosperity of every individual as well as of —
the whole nation, it is necessary to teach the great mass of _
the population (the agricultural class) how to gain the —
greatest clear and annual profit, under all existing circum- —
stances, from agriculture; and ‘what will be the most effi- —
cient means of checking the rapidly increasing evil of .
exhausting and abandoning the soil. ar.
The prosperity of the whole Union has not, hitherto, ijn
seems, suffered by this system of unsteadiness; but that is —
no proof of the welfare of the separate States; for, in pro- .
portion as the far west improves and prospers, the Atlantic i
States are declining; and it shows that the welfare of a 3
State depends on the stability of its cultivators, contented
with their portion, and manifesting a determination to iden-
tify themselves with the land of their father s, (not thirsting —
after supposed fairylands, cultivated without labor ;) a living
example of which is to be found in the wealthy sons of the —
keystone State, Pennsylvania. an
Tt would be ridiculous to suggest the improvement of ag-

: |

TWENTY-FIFTH CONGRESS, 1837-39. 189
|
) riculture in this country by laws, among a free, independent,
_and enlightened people, who are already aware of the want
| of instruction, and are seeking for it. The different State
| Governments, the agricultural societies, and the agricultural
| journals, have all signally promoted the interests of differ-
ent branches of agriculture; it wants only the knowledge
of the means of putting the improved parts of this great and
' useful machine together, so that every part may operate ac-
cording to the law of science, to produce the desired effect.
| A beginning only is wanted, and the science of agricul-
| ture will spread over the whole Union, like all useful im-
_ provements. Congress, always acting wisely for the welfare
of their country, will doubtless apply a portion of the Smith-
.

sonian legacy to the promotion of agriculture, by establishing
an agricultural institution, which would be an enduring monu-
ment in honor of the testator.

Your memorialist, therefore, presents a plan of such an
institution, with designs for the buildings, and estimates for
all the requisites.

Such an institution, being the first in the United States,
would be the nursery of scientific agriculturists for the
whole Union; their education should therefore be as perfect
as possible, to enable them to qualify themselves to serve as
directors, professors, and superintendents, for similar estab-
lishments.

This institution is calculated for one hundred pupils; and
the number should be increased by degrees, from the profit
of the farm.

The lectures should be free, and the price of board mod-
erate, as half of the number of the pupils should be practi-
cally employed every day on the farm.

For the convenience of medical attendance in cases of
sickness, together with the facility for attendance at Divine
worship, this institution should be located within the bound-
ary of the city of Washington.

AGRICULTURAL INSTITUTION.

The object of such an institution should be to show how
to gain the highest clear and permanent profit from agricul-
ture, under any circumstances.

That such results are not effeeted by the mere imitation
of a certain tillage in every climate, of different soils and
localities, is obvious; it needs, therefore, rules and laws,
founded on experience and science. To design such rules
and laws, it requires scientific and practical knowledge.
Therefore, the institution of an agricultural school must be

190 CONGRESSIONAL PROCEEDINGS.

theoretical and practical. The theoretical instruction hag
to extend not only to the principal and secondary depart-
ments, but also to all the auxiliary sciences which influence
agriculture, directly or indirectly, viz:

PRINCIPAL DEPARTMENT.

I. Agronomy, the science which treats of the different
primitive earths, and other substances of which the soil is
composed, viz: silex, alumen, lime, magnesia, iron, vegeta-
ble matter, &e.

The naming of the soils, from the mixture of the primi-
tive earths, and their value, as resulting from this mixture.

Il. Agriculture, the science teaching the cultivation of the
respective soils, in such manner as to produce the most
perfect crops. This is divided into two parts :

1. Chemical agriculture, treating of—

a Manures in general; 6 Vegetable manures; ¢ Mineral manures.

2. Mechanical agriculture, treating of—

a Agricultural implements. e Draining.

6b Modes of ploughing. J Irrigation.

c¢ The cultivation of new land. g Culture of meadows.

d Fencing. A Culture of pasture lands.

III. Vegetable productions, teaching the culture of—

a Cereal grasses. rial plants, oleaginous plants,
6b Leguminous field plants. hops, tobacco, medicinal
e Plants cultivated for their roots. plants, &.

d Herbage plants. g The vine.

e Grasses. A The mulberry.

f Plants used in arts and manu- 7 Fruit trees.
factures: such as flax, tincto-

IV. Animals used or reared by the agriculturist—

a Horses. knowledge of the different
b Mules. kinds of wool.
ce Cattle— e Breeding and rearing swine.

1. Dairy. f Fowls.

2. Fattening. g Silkworms.

d Sheep, and particularly the h Bees.
V. Economy, or the manner of arranging and conducting
a farm, treating of—

a Labor in general. nature and quantity of ma-
6b Labor with horses and oxen. nure required for a certain
e Labor performed by men. system of rotation of crops.
d Conducting a farm. g Change of system.

e Book-keeping. h The different systems of rotations.

f The arrangement of afarm ; the
SECONDARY COMPARTMENT.
1. Veterinary.
2. Technological agriculture, such as the making of sugar
from beets, making cider, burning lime, &c.
3. Culture of forest trees.

TWENTY-FIFTH CONGRESS, 1837-39. 191
4, Agricultural architecture, and
5. Civil engineering, as connected with agriculture.
AUXILIARY SCIENCES.

. Chemistry.

. Natural philosophy.

. Mineralogy and geology.

. Botany and physiology of plants.

. Zoology.

. Study of the properties of the atmosphere.

. Mathematica] sciences—
a Arithmetic.
6 Theoretical and practical geometry.
e¢ Mechanics,

8. Drawing of machines, animals, plants, and landscapes.

To illustrate the sciences, there should be—

1. An extensive farm, with a field for experiments, work-
shops, beet-sugar manufactory, mill, &.

2. A botanical garden.

3. A collection of the best and most approved imple-
ments, or models of them.

4, A library.

5. A collection of minerals, properly arranged, according
to their chemical characters, and with relation to
their different soils.

6. An apparatus for mathematical and physical instruc-
tion.

7. A collection of skeletons of domestic animals, for the.
study of comparative anatomy and the veterinary
art.

8. A collection of insects.

9. A collection of seeds.

10. A laboratory, with apparatus for chemical experi-
ments.

“I> Ot OO be

THE FARM

Serves for the practical accomplishment of the theory. It
is of the greatest importance to give a practical illustration
of all the objects and manipulations treated of in the course
of the lectures, and according to the different periods and
Beasons.

The husbandry of stich an institution must, therefore, be
extensive and complicated, so as to show all branches of
agriculture in their full extent. The operations which are
not possible to be shown on a large scale should be exhib-
ited on the experimental field. It should contain :

640 acres of land, for cultivation, which should be divided

192 CONGRESSIONAL PROCEEDINGS.

in two equal portions, to show two different systems of ro-
tations. First, a system which has for its object to gain as
many different products as possible, and to procure the ma-
nure by stallfeeding ; a system which is favorable where
labor and capita! are plenty, land valuable, and a ready
market for the vegetable and animal products.

Rotation for the above-mentioned system, viz: 1, sugar-
beet, potatoes, turnips, &c., with manure; 2, barley; 3,
clover; 4, wheat; 5, Indian corn, with manure; 6, wheat;
7, tares and oats; 8, rye.

The second system, favorable when labor and capital are
scarce, land plenty, and the object a grazing farm. The ro-
tation of crops for this system would be, viz: 1, Indian
corn, with manure; 2, barley; 3, clover; 4, wheat; 5, grass;.
6, grass; 7, grass; 8, oats.

As rotation of crops depends upon the soil, climate, and
many other circumstances, two rotations are given here, for
illustration, to enable us to estimate the probable want of
cattle, &e.

100 acres of meadow, to show how natural meadows can be
improved by draining, irrigation, manuring, &c.

80 acres pasturage, to show the difference between artifi-
cial and natural pasture, and the manner of improving it.

A vineyard of 4 acres, for the culture of the indigenous
and foreign vine; the manner of making wine.

A hop-garden of 4 acres, to show the culture of the best
kinds, the manner of taking the crop, drying, and bagging.

For experimental fields, 40 acres, to show the culture of all
plants useful in agriculture; to try new kinds; and also for
experiments on manure, rotation of crops, and new agricul-
tural implements.

A vegetable garden, 6 acres, for the supply of the institution,
and to show the different varieties of vegetables useful in
husbandry, and the best culture of them.

A mulberry plantation of 6 acres, which should contain all
the varieties of the mulberry, to show the culture of them,
and would serve also to supply the cocoonery with leaves.

An orchard and nursery of 20 acres. The greatest portion
of this area should be destined for a nursery to show the
manner of raising and improving fruit trees. The fruits of
the orchard should supply the establishment, and show the
process of making cider.

500 acres of wood-land, to supply the establishment with
fuel, and to show the culture of forest trees, (a knowledge
very much wanted in the United States,) the manner of
burning charcoal, &c.

TWENTY-FIFTH CONGRESS, 1837-39. 193

A botanical garden of 3 acres should contain all indigenous
plants, which might be probably useful, and introduced in
agriculture; also, the imported plants and seeds from for-
eign countries, by our navy officers, consuls, &c.; the medi-
eal plants for husbandry, &e.

A BEET-SUGAR MANUFACTORY.

The recent improvement in extracting sugar from the
beet-root has so much simplified the process, that it will
undoubtedly become a general business, so that every farmer
will produce his own sugar, or, at least, raise and dry the
beet for market. The object of this institution should be
to diffuse the knowledge of so important a discovery, and,
therefore, it should have a manufactory for extracting the
sugar from the root, raised for that purpose by the institu-
tion and neighborhood.

A MILL.

A large institution, of this description, should grind its
own flour and corn-meal; consequently, it becomes neces-
sary to erect a mill, with two pairs of stones, which will
also serve to show the pupils the management and construc-
tion of mills.

WORKSHOPS,

To give the pupils a knowledge of the manner of con-
structing agricultural implements, as well as to enable them
to estimate the costs of machines, buildings, &¢c., and to
apply the acquired theoretical principles of mechanics
practically, there should be five workshops, viz:

Machine shop,
Wagon-maker’s shop,
Blacksmith’s shop,
Cooper’s shop, and
Carpenter’s shop.

Each of these shops should be conducted by a skilful me-
chanic, who could attend to the work required by the estab-
lishment, as well as teach the pupils the use of tools.

The pupils should learn how to forge, to shoe a horse, to
make a wheel, or wagon, to stock a plough, and to build
out-houses. It is not intended to make them masters of
these trades, but to enable them, in case of necessity, to
construct anything belonging to a farm.

STEAM ENGINE,
The mill, the apparatus of the sugar-beet manufactory,
the straw-cutter, the threshing machine, the machinery of
the workshops, and the pump which supplies, through a

13

194 CONGRESSIONAL PROCEEDINGS,

reservoir, the whole establishment with water, should be
put in operation by an engine of 12-horse power.

BUILDINGS.

The buildings for such an object should be substantial,
plain, and economical. To this establishment would be re-
quired, viz: an institute or main building, (see plan, Nos. 1
and 2.) The annexed plan (No. 8) shows: (a) horse stable,
(b) ox stable, (c) calf stable, (d) hospital stable, (e) cow house,
(f) dairy, root and steaming house, (7) piggeries and poultry
house, (h) sheep shed, (7) barn and stack yard, (k) granary
and cart shed, (/) shed for the grist mill, straw cutter, and
threshing machine, (m) workshops, (7) beet-sugar manufac-
tory, (0) engine with reservoir and pump, (7p) bee house and
cocoonery.

LIVE STOCK.

Working cattle—Should the two given rotations of crops
be adopted for 640 acres of land under cultivation, 14
horses and 24 oxen would be required to perform the nec-
essary work.

- For procuring the necessary manure for the two systems
already mentioned, and to show the breeding, rearing, and
fattening of live stock, extensively, there should be—

2 stud horses, (for light and heavy breeds.)

16 breeding mares, exclusive of the working horses.

160 neat cattle.

1,200 sheep.

50 swine.

The live stock should consist of the most choice foreign
and native breeds.

IMPLEMENTS.

A collection of the most important and approved imple-
ments should be at hand, viz: swing and wheel ploughs,
cultivators, horse hoes, sowing machine, harrows, rollers,
horse rakes, reaping and mowing machine, carts and wag-
ons, straw cutter, threshing machine, corn sheller, root
chopper, harnesses, &c.

PERSONS REQUISITE TO MANAGE THIS INSTITUTION.

A Director, who should have the entire control over the
whole establishment.

A Treasurer and two clerks, to keep the accounts, and
attend to all the transactions of the institution.

For the tuition of the pupils, there should be five professors,
and a teacher for the lower branches, exclusive of the direc-

TWEN'TY-FIFTH CONGRESS, 1837-39. 195

tor, who should lecture on the higher branches of agricul-
ture.

The practical manipulations are illustrated by—

A superintendent of the farm.

A superintendent of the stables, who also teaches riding
and breaking horses.

A superintendent of the sugar-beet manufactory.

A machinist.

A gardener.

A shepherd.

The domestic affairs of the institution should be attended
to by a steward.

The prosperity of such an institution depends entirely on
the director, who must have received a theoretical and
practical education at an agricultural school, and must have
enriched his knowledge by extensive practice and by travel-
ing. He should be acquainted with the principal living
languages, to inform himself and his pupils of the progress
of agriculture in other countries.

The professors should be well versed in their sciences,
and acquainted with agriculture; as the tuition of a science,
with regard to the practical applications, demands not only
an entire knowledge of the sciences, but also of the object
to which it is applied.

The superintendents of the different branches should be
practical men, and free from the prejudice of book-farming.

Every individual connected with the establishment should
possess the best moral character.

Conditions of admission.

Every applicant for admission should present a certificate
of his moral character, and be examined, possessing an or-
dinary English education, and capable of comprehending a
popular course of lectures. Physical strength being requi-
site to perform the work required on the farm, they should
be at least of the age of 14 years.

The number of pupils should not exceed 100 at the com-
mencement of the institution, and should be divided into
three classes.

The free, or third class, not exceeding 20 in number,
should obligate themselves to stay two years, and perform
the work of the farm, where they should receive board and
lodging free, every evening have a lecture on the work per-
formed during the day, and also be exercised in reading,
writing, and arithmetic. Their employment should be so
arranged that every one may become acquainted with all

196 CONGRESSIONAL PROCEEDINGS.

the different branches of the institution. Should the pupils
of this class desire to enter a higher class after the first
year, they should prove their capacity by an examination ;
and they will then be obliged, like the pupils of the second
and first classes, to pay for board.

The second class, not exceeding 60 in number, should
stay two years, to acquire a theoretical and practical knowl-
edge of agriculture, and all the branches connected with it.
The pupil of this class is obliged to attend to the different
work every other day. Should a pupil of this class desire
to enter the first class, he should be examined as to his
capacity.

The first class, intended for 20 pupils. In this class
should such pupils only be admitted as have been two years
in the second class, and desire to perfect themselves as pro-
fessors for similar establishments. The pupils of this class
should have the superintendence of other pupils.

Order of the day.

The signal for the hour of rising and retiring, as well as
for the different meals, and the commencement and termi-
nation of the work, should be given by a bell.

The hour for rising, in spring and summer, should be
half past 4 o’clock; in fall and winter, half past 5 o’clock.

One quarter of an hour after rising, the bell should ring
for breakfast; after which, the pupils proceed to their dif-
ferent occupations in the stables, field, barn, garden, work-
shops, &c., according to directions given the evening before.

At 10 o’clock a. m., the pupils should be summoned by
the bell from their work, to their rooms, when they pre-
pare themselves for dinner, and having a recess until 1
o’clock p. m., at which hour the pupils return to their work,
during the spring, fall, and winter seasons; and at 3 o’clock
p- m. during the summer season, according to the order of
the day.

The bell should ring for supper during the spring, sum-
mer, and fall, at 6 o’clock; during the winter, at 5 o’clock;
which would give recess till 7 o’clock, when supper should
be ready.

After supper, at about eight o’clock, all the pupils should
proceed to the museum, where the report of the day-work

is read and illustrated; and, at the same time the order for .

the next day’s work is communicated to the: pupils who
have remained at home. They remain till 9 o’clock, em-
ployed in writing their journals, and reading, &c., at which
hour the bell should ring for bed.

Half of the number of the pupils should each day be

TWENTY-FIFTH CONGRESS, 1837-39. 197

exempt from out-door work, and remain at home, engaged
in theoretical studies. They assemble, after having taken
breakfast with the rest of the pupils, at the museum, where
they study their lessons. At 7 o’clock a. m. in fall and
winter, and at 6 o’clock a. m. in summer and spring, they
should proceed to the riding school and horse stable, where
they receive lectures on horsemanship, and breeding horses,
ae
After this, they should return to the lecture rooms, where
lectures on the different sciences are given until 11 o’clock.

At half past 11 o’clock a. m. they should take dinner
with the rest of the pupils, and have recess until 1 o’clock,
when the regular lectures recommence, till 6 o’clock p. m.

Supper at “7 0 *clock, as already mentioned.

On Sundays the pupils will be accompanied to church by
their professors.

Estimate of cost.

1,860 acres of land, fenced in, at $30 per acre _-___--------. $40,800
The buildings, inclusive of the furniture of the institute___-- 60,000
ATOMS LOC Kemmetarre ee men ene SOE F LADEN rs REN MBS RULE une Mpler Nn BNE Py iki © 20,000
Implements, harnesses, a large balance seale, Gcrssue ere Pee 5,000
Apparatus of the beet-sugar manufactory_-----_----_._---_-- 4,000
CO re Meh ak a a Se 1,500
ump, water reservoir, and hydrants: __- S228) ot 2 Soo 800
Steam engine of 12 -horse powemscssti se supe seas a ke 1,500
Magis wathoawtor) workshops. 22054555 0 ed Se 600
JEW Fey Ne Se i aS AS PO aa Ig TO ee 1,500

Physical and chemical apparatus, collection of minerals, in-
sectsskelelonss enue aaa cee ones Wane, BOE wis oi Be 3,000
i loatin py eapital see ie eae ee 2 Bs ee 20,000
Making soca n os ee Sete eS $158,700

The expense for a steward, and servants required for the
service of the pupils and professors, should be paid from
the income of board.

The treasurer and clerks, the superintendents of the dif-
ferent branches of the farm, should be paid from the reve-
nue of the farm, of the manufactory, &c.; and the surplus
should be applied for the accommodation of more pupils,
for the increase of the library, apparatus, &c.

whe salary of the director should be-2----.-.-..~.--.-----=---2 $2,000
aitcrralany ior five,professors.. Suse U la sted ot ak 5,000
PAMORUHAtLOLPAnLEACMOT Pies esc are ie late ieee Ue) fo 600

Dakine! osu ete ees es al i se $7,600

exclusive of free board and lodging; which, together with
the salaries, would require a capital of $140, 000, at 6 per
cent.

198 CONGRESSIONAL PROCEEDINGS.

The total sum required for this institution would amount
to $298,700.
Cuar es Lewis FLEISCHMANN,

Graduate of the Royal Agricultural School of Barvaria,
and a citizen of the United States.

Hovusez oF REPRESENTATIVES, January 11, 1839.

A message from the Senate, that it had passed a resolu-
tion (No. 7) concerning the legacy bequeathed by Mr. James
Smithson, of London, to the United States.

House or Representatives, January 12, 1839.

The concurrent resolution from the Senate (No. 7) “ con-
cerning the legacy bequeathed by Mr. James Smithson, of
London, to the United States, in trust, for an institution of
learning, to be established in the city of Washington;” was
read and concurred in by the House.

Mr. John Quincy Adams, Mr. Smith, Mr. Ogle, Mr. Charles Shepard,
Mr. Holt, Mr. Thompson, Mr. Hunter of Ohio, Mr. Kennedy, and Mr.
Garland of Virginia, were appointed said committee.

House oF REPRESENTATIVES, January 14, 1839.

On motion of Mr. Krrm,

Resolved, (the Senate concurring therein,) That the joint committee on
the Smithsonian bequest be instructed to inquire into the propriety of es-
tablishing a professorship of the German Language, as a part of the literary
instruction in the intended Smithsonian Institute.

House or REPRESENTATIVES, January 26, 1839.

Mr. John Quincy Adams, from the joint committee on the
Smithsonian bequest, reported the following resolutions,
Viz:

1. Resolved, That the sum of dollars, being the amount deposited
in the Treasury of the United States, proceeding from the bequest of James
Smithson to the United States of America, for the purpose of establishing,
at the city of Washington, an institution to bear his name, for the increase
and diffusion of knowledge among men, together with what additional sum
or sums may hereafter accrue from the same bequest, and so much of the
interest as has become, or may become due on the first named principal sum,
until the day of ——, ought to be constituted a permanent fund, to be
invested in a corporate body of trustees, to remain under the pledge of
faith of the United States, undiminished and unimpaired.

2. Resolved, That the said fund ought so to be invested that the faith of
the United States shall be pledged for its preservation unimpaired, and for
its yielding an interest, or income, at the rate of six per cent. a year, to be
appropriated, from time to time, by Congress, to the declared purpose of
the founder ; and that all appropriations so made shall be exclusively from
the interest or income of the fund, and not from any part of the principal
thereof.

3. Resolved, That the first appropriations from the interest, or income, of
the Smithsonian fund, ought to be for the erection and establishment, at

|
|

TWENTY-FIFTH CONGRESS, 1837-39. 199

the city of Washington, of an astronomical observatory, provided with the
best and most approved instruments and books for the continual observa-
tion, calculation, and recording of the remarkable phenomena of the
heavens ; for the periodical publication of the observations thus made; and
of a nautical almanac for the use of the mariners of the United States and
of all other navigating nations.

The said resolutions were read, and laid on the table.

Mr. John Quincey Adams, from the Joint Committee on
the Smithsonian bequest, reported the following resolution ;
which was read and agreed to by the House, viz:

Resolved, (the Senate concurring herein,) That the Joint Committee of
both Houses on the bequest of James Smithson be authorized to employ a
clerk, and to cause to be printed such papers as they may deem necessary.

Ordered, That the clerk request the concurrence of the Senate in the
said resolution.

Hovusr oF REPRESENTATIVES, January 28, 1839.

A message from the Senate, that the Senate have con-
curred in the resolution sent from this House to authorize
the Joint Committee on the Smithsonian bequest to employ
a clerk, and to cause to be printed such papers as the com-
mittee may deem necessary.

House or Representatives, /ebruary 16, 1839.

Mr. John Quincy Adams, from the committee on the
Smithsonian bequest, reported a bill (No. 1160) to provide
for the disposal and management of the sum bequeathed by
James Smithson to the United States, for the establishment
of an institution for the increase and diffusion of knowl-
edge among men; which bill was read the first and second
time, and committed to the committee of the whole House
on the State of the Union.

Mr. John Quincy Adams, from the same committee, re-
ported another bill (No. 1161) to provide for the disposal
and management of the sum bequeathed by James Smith-
son to the United States, for the establishment of an insti-
tution for the increase and diffusion of knowledge among
men; which bill was read the first and second time, and
committed to the committee of the whole House on the
State of the Union.

[These bills appear in the Senate proceedings of Febru-
ary, 1839, as Nos. 292 and 293.]

200 CONGRESSIONAL PROCEEDINGS.

PROCEEDINGS IN THE SENATE.

Senate, February 13, 1840.

Mr. Cray, of Kentucky, presented the petition of the
Kentucky State Agricultural Society, praying the endow-
ment of an agricultural school or college out of the funds
of the Smithsonian legacy ; which was referred to the Com-
mittee on Agriculture.

PROCEEDINGS IN THE HOUSE OF REPRESENTATIVES.

Houser oF REPRESENTATIVES, December 30, 1839.

Mr. ADAMS, in pursuance of notice given, asked and ob-
tained leave, and introduced a bill to provide tor the dispo-
sal and management of the fund bequeathed by James
Smithson, deceased, to the United States, for the establish-
ment of an institution for the increase and diffusion of
knowlege among men. Read twice, and referred to a select
committee of nine members, viz:

Mr. John Quincy Adams, Mr. Ogle, Mr. Shepard, Mr. Garland of Vir-
ginia, Mr. Lewis, Mr. Albert Smith of Maine, Mr. Barnard, Mr. Corwin,
and Mr. Campbell of South Carolina.

Hous or REPRESENTATIVES, February 5, 1840.

The following memorial of the corporation of the city of
Washington on the subject of the Smithsonian bequest, was
referred to the select committee upon the subject to which

it relates :
Mayor’s OFFICE, WASHINGTON, January 15, 1840.

Str: In compliance with the instructions of a committee appointed by
the corporation of this city, to represent their interests before Congress, f
tae the honor to request you to present the enclosed memorial to the

ouse.

The great interest you have taken in the subject to which the memorial
relates, has induced the committee to make this request.

I have the honor to be, very respectfully, your most obedient servant,

PETER FORCE.

Hon. J. Q. ADAMS,

House of Representatives, U. S.

To the Senate and House of Representatives in Congress assembled :

The memorial of the undersigned, a committee appointed by the corpora-
tion of Washington, respectfully represents :

That they have been instructed to express to your honorable bodies the
earnest desire of the city councils, as well as of Washington, that the be-
nevolent design of the late James Smithson, of England, should be carried
into execution as soon as practicable, by the establishment of an institution
in their city for the diffusion of knowledge among men. As this is a mat-
ter which more immediately concerns the people of Washington, where,

eae

TWENTY-SIXTH CONGRESS, 1839-41. 201

according to the desire and instruction of the testator, the institution is to
be founded, they necessarily feel a deep solicitude on the subject, and are
anxious that Congress would take it into serious and immediate considera-
tion, in order that the benefit intended to be conferred, may be enjoyed at
as early a period as possible. They need not suggest that, in addition to
the intellectual advantages of which the contemplated institution promises
to be productive, it will be the means, they believe, of adding greatly to
the reputation of the metropolis, and of giving to it a new’source of attrac-
tion. Though this motive may appear to be selfish, it is nevertheless one
which all who take an interest in the welfare and prosperity of the capital
of their country, must necessarily feel. But your memorialists are influ-
enced by loftier and philanthropic motives, in wishing to see the instruc-
tions of Mr. Smithson carried into effect. It is impossible to calculate the
amount of good which an institution properly founded and judiciously
organized, as they have no doubt this will be, is susceptible of promoting
the improvement of the intellect, taste, and morals of the great com-
munity of this country ; for though the fountain may be here, its streams
will flow through all parts of the republic, and fertilize and improve its
remotest borders. It is not for memorialists to point out the character of
such an institution as should be established, in accordance with the design
of him who made the bequest, because they know it is in much abler hands;
and, therefore, it would be presumptuous in them to attemptit. All they
desire, is to see it speedily commenced, and the design fully carried out ;
and in this desire, they believe they are joined by all who feel an interest
in the diffusion of human knowledge, and the intellectual improvement of
their fellow-men.

Your memorialists respectfully pray, that for the benefit of their country-
men, and the special advantage which will result from it to Washington,
the subject may claim the immediate attention of Congress, and that a plan
will be devised and adopted during the present session, which will accord
with the intentions of the testator, and when carried into execution, be
attended with all the blessings and advantages which are expected to flow
from an institution already founded and wisely organized.

And so they will ever pray.

PETER ForRCcE.

Cu. W. GoLDSBOROUGH,
Gro. WATTERSTON.
Joun W. Maury.
JOHN WILSON.

GEORGE ADAMS.
SAMUEL BYINGTON.

Mr. Joun Quincy Abas presented a memorial of Con-
stantine S. Rafinesque, of Philadelphia, professor of histor-
ical and natural sciences, praying that the benevolent in-
tentions of James Smithson may be speedily realized, by
the immediate establishment of an institution for the diffu-
sion of useful knowledge among men; which was referred
to the select committee on the Smithsonian bequest.

House or Representatives, February 27, 1840.

Mr. Apams asked Mr. Crazp (who was entitled to the
floor) to give way to allow him to present a report from the
select committee on the Smithsonian bequest. It was a
subject which had excited a good deal of public interest ; and
he merely wished to make the report, and have it printed,

202 CONGRESSIONAL PROCEEDINGS.

which would occupy but a few moments of the time of the
House.

Mr. Craps said if it was the universal consent of the
House to receive the report at that time, he had no objection
to give way for the purpose. But objection was made.

Hovss or REPRESENTATIVES, March 5, 1840.

Mr. Joun Quincy ADAms, from the committee to which
was referred the bill to provide for the disposal and man-
agement of the fund bequeathed by James Smithson to the
United States for the establishment of an institution for the
increase and diffusion of knowledge among men, reported
an amendatory bill, accompanied by a report, which were
committed to the Committee of the Whole on the state of

the Union.

The report is as follows :

The Select Committee, to whom was referred the bill to
provide for the disposal and management of the fund be-
queathed by James Smithson to the United States, for the
establishment of an institution for the increase and diffusion
of knowledge among men, report the same with sundry
amendments.

And inasmuch as the subject of this bill, and the bequest
itself, and the institution to the establishment of which, at
the city of Washington, it was devoted by the testator, in-
volve considerations and principles other than those which
usually regulate the legislation of Congress; and as the
purposes of the bequest have, as yet, been but imperfectly
made known to the people of the United States, and prob-
ably to a large portion of the members of the House, the
committee submit to the indulgence of the House a state-
ment of the material facts which have hitherto occurred in
the tender of this fund to the United States of America,
and their acceptance of it, and an exposition of the motives
which have prevailed with the committee to propose the
disposal of the fund, and the provisions for its maintenance
and management, as they are set forth in the several sec-
tions of the accompanying bill.

|
|
|
|

® Mr. Adams then quotes message of President Andrew Jackson, dated
December 17, 1835, the correspondence of Mr. Vail and Clarke, Fynmore &
Fladgate, James Smithson’s will, &c., and then proceeds:

This message was referred, in the Senate, to their Com-
mittee on the Judiciary, which, on the 5th of January,
1836, presented a report favorable to the acceptance of the

TWENTY-SIXTH CONGRESS, 1859-41. 2038

bequest, and a joint resolution to authorize and enable the
President of the United States to assert and prosecute, with
effect, the claim of the United States to this bequest, in the
court of chancery, or other proper tribunal of England.
By this joint resolution, adopted on the 2d of May, 1836,
the faith of the Government of the United States was
pledged, that any and all sums of money which should be
received for or on account of the said legacy should be
applied to the purpose of founding and endowing at Wash-
ington, under the name of the Smithsonian Institution, an
establishment for the increase and diffusion of knowledge
among men.

In the House of Representatives the same message of the
President was, on the 21st of December, 1835, referred to
a select committee of nine members, which, on the 19th of
January, 1836, reported a bill, together with a statement of
facts and principles connected with the origin and accept-
ance of this bequest, which the present committee ask leave
to refer to the consideration of the House as a part of their
own report.

Mr. Adams here quotes his own report of January 19th, 1836, and pro-
ceeds :

The bill accompanying this report was, in the House of
Representatives, substituted in the place of the joint resolu-
tion which had been received from the Senate. It author-
ized the President of the United States to appoint an agent
or agents to prosecute, in the court of chancery, in England,
the right of the United States to the bequest of Mr. Smith-
son, and to recover and pay over the amount of the same
into the Treasury of the United States. This bill passed
in the House without opposition; was concurred in, with-
out amendment, by the Senate; and, on the Ist of July,
1836, received the approbation of the President of the
United States.

The third section of this act is in the following words :

“* And be it further enacted, That any and all sums of money, and other
funds which shall be received for, or on account of, the said legacy, shall
be applied in such manner as Congress may hereafter direct, to the purpose
of founding and endowing, at Washington, under the name of the Smith-
sonian Institution, an establishment for the increase and diffusion of knowl-
edge among men ; to which application of the said moneys, and other funds,
the faith of the United States is hereby pledged.”’

By virtue of this act the President of the United States
did, shortly after its passage, appoint Richard Rush, of
Pennsylvania, the agent for recovering the funds in Eng-
land; which was accordingly done by a decree of the Eng-

204 CONGRESSIONAL PROCEEDINGS.

lish court of chancery; and on the Ist of September, 1838,
the sum of $508,315.46 was deposited, in gold, at the mint
of the United States at Philadelphia, being the proceeds
then recovered of the bequest; a further sum having been
reserved by the English court of chancery for the payment
of a life annuity to the mother of Henry James Hunger-
ford.

By the 6th section of the act of Congress of 7th July,
1888, to provide for the support of the Military Academy
of the United States at West Point, for the year 1838, it
was enacted—

‘© That all the money arising from the bequest of the late James Smith-
son, of London, for the purpose of founding at Washington, in this District,
au institution to be denominated the Smithsonian Institution, which may be
paid into the Treasury, is hereby appropriated, and shall be invested, by
the Secretary of the Treasury, with the approbation of the President of the
United States, in stocks of States, bearing interest at not less than five per
centum per annum; which said stocks shall be held by the said Secretary,
in trust, for the uses specified in the last will and testament of said Smith-
son, until provision is made, by law, for carrying the purpose of said bequest
into effect; and that the annual interest accruing on the stock aforesaid
shall be, in like manner, invested for the benefit of said Institution.’

Under this authority, thus granted before the money was
received into the Treasury, the Secretary of the Treasury
did, on the 4th of September, 1838, invest four hundred
and ninety-nine thousand five hundred dollars, by the pur-
chase of five hundred bonds of the State of Arkansas for
one thousand dollars each, bearing six per cent. interest,
payable semi-annually on the Ist of January and July of
each year, from the said 4th of September; and the further
sum of eight thousand two hundred and seventy dollars
and sixty-seven cents was applied to the purchase of eight
bonds of the State of Michigan, bearing six per cent. inter-
est, payable semi-annually on the first Mondays in January
and July from the Ist of May, 1838; the interest on all
these bonds being payable at the city of New York.

By these transactions it will be perceived that the United
States became creditors of the States of Arkansas and of
Michigan to the amount of the purchase of their respective
bonds, and made themselves responsible to the Smithsonian
fund for the punctual payment of the principal and interest
of said bonds; the faith of the United States having been
already pledged for the faithful application of the fund
itself to the purposes of the testator—the increase and dit
fusion of knowledge among men.

At the last session of Congress the President of the
United States, by a message to both Houses of the 6th of
December, 1838, informed them that the act of the 1st July,

TWENTY-SIXTH CONGRESS, 1839-41. 205

1836, to enable the Executive to assert and prosecute, with
effect, the claim of the United States to the legacy be-
queathed to them by James Smithson, had received its
entire execution ; and that the amount recovered and paid
into the Treasury having, agreeably to an act of the preced-
ing session, been invested in State stocks, he deemed it
proper to invite the attention of Congress to the obligation
devolving upon the United States to fulfill the object of the
bequest. He added, that, in order to obtain such informa-
tion as might serve to facilitate its attainment, the Secretary
of State had been directed to apply to persons versed in
science, and familiar with the subject of public education, for
their views as to the mode of disposing of the fund best calcu-
lated to meet the intention of the testator, and prove most
beneficial to mankind. Copies of the circular from the
Secretary of State, and of the answers to it received at that
department, were communicated with the message for the
consideration of Congress ; and for the whole correspond-
ence, this committee respectfully refer the House to docu-
ment No. 11 of the Executive Documents of the 3d Session
of the 25th Congress.

On the following day, (the 7th of December, 1838,)
another message was transmitted by the President to the
House of Representatives, with reports from the Secretaries
of State, and of the Treasury, in compliance with a resolu-
tion of the House, of the 9th of July preceding, requesting
the President to cause to be laid before the House all such
communications, documents, &c., in the possession of the
Executive, or which could be obtained, as should elucidate
the origin, progress, and consummation of the process by
which the Smithsonian bequest had been recovered, and
whatever might be connected with the subject. For this
message and accompanying documents, the committee refer
the House to No. 10 of the Executive Documents of the last
session.

On the 10th of December, 1838, these two messages, of
the 6th and 7th of that month, were referred to a select com-
mittee of the House, which proceeded, at sundry meetings,
to consider and discuss the principles upon which it might
be desirable to establish the foundation of the Smithsonian
Institution so as best to fulfil the benevolent purpose of the
testator; to return, by the most effective acknowledgment,
the signal honor done to our country and her institutions,
by the commitment of this great and most honorable trust
to the United States of America; to prove them worthy of
that trust, by the dignity, disinterestedness, and propriety

206 CONGRESSIONAL PROCEEDINGS.

of all their provisions for the disposal of the funds; and,
finally, to organize an establishment which, by its ultimate
results, would, in the impartial judgment of mankind, our
own contempor aries, and of future ages, at once accomplish
the glorious purpose of the testator—the increase and dif.
fusion of knowledge among men ; and justify to the eyes of
posterity the confidence reposed in these United States by
the testator, in selecting them for his agents and trustees to
accomplish, when he should be no more on earth, his great
design for the improvement of the condition of man.

A variety of projects for disposing of the funds had been
presented by individuals, in memorials to the House, which
were referred to the committee for consideration. No one
of them appeared to the committee adapted to accomplish
the purpose of the testator. They generally contemplated
the establishment of a school, college, or university. They
proposed expenditures, absorbing, in the erection of build-
ings, the capital of the fund itself, or a very large portion
of it, leaving little or nothing to be invested as a perpetual
annuity for future and continual appropriations, contribut-
ing to the improvement of future ages, as well as of the
present generation ; and in most of the projects there might
be perceived purposes of personal accommodation and emol-
ument to the projector, more adapted to the promotion of
his own interest than to the increase and diffusion of knowl-
edge among men.

The committee, from the earliest of their meetings, had
agreed that, in the report to be made to the House, it should
be recommended that no part of the funds should be applied
to the establishment or support of any school, college, uni-
versity, or ecclesiastical establishment. They had also
agreed to recommend, as a fundamental principle for the or-
ganization of the institution and the management of its
funds, that the capital amount of the bequest should be pre-
served entire and unimpaired, so invested as to yield an in-
come of six per cent. a year; which income only should be
annually appropriated by Congress, and a considerable por-
tion even of those appropriations be constituted as funds,
from the interest of which expenditures applicable to the
purposes of the bequest might be provided for, and the cap-
ital of the bequest itself be annually rather increased than
diminished.

While the committee of the House were engaged in de-
liberating upon the means of carrying into effect these prin-
ciples by special enactment, to be proposed in their report,
on the 12th of January, 1839, the subject was taken up for

|

TWENTY-SIXTH CONGRESS, 1839-41. 207

consideration by the Senate of the United States. At the
motion of a distinguished member of that body, the follow-
ing joint resolution was adopted :

Resolved by the Senate, (the House of Representatives concurring,) That
a joint committee be appointed, consisting of seven members of the Senate,
and such a number of said House as they shall appoint, to consider the ex-
pediency of providing an institution of learning, to be established in the
city of Washington, for the application of the legacy bequeathed by James
Smithson, of London, to the United States, in trust for that purpose; also,
to consider the expediency of a charter for such institution, together with the
powers and privileges which, in their opinion, the said charter ought to
confer’; also, to consider the expediency of ways and means to be provided
by Congress, other than said legacy, but in addition thereto, and in aid of
said benevolent intention ; and to report by bill or bills in the premises.

This resolution superseded at once all that had been done
by the House and its committee upon the two messages of
the President of the 6th and 7th of December, 1838. It
contemplated an institution of learning at the city of Wash-
ington, the establishment of which should not only absorb
the whole fund bequeathed by Mr. Smithson, but large ap-
propriations of the public moneys of the nation.

In deference, however, and courtesy to the Senate, the
House immediately concurred in their resolution; and the
same members to whom, as a select committee of the House,
the two messages of the President had been referred, were
appointed the committee on the part of the House under
the joint resolution.

Several meetings of the joint committee were held, and
some discussion was entertained; but the propositions of
the chairman of the committee on the part of the Senate
were so widely at variance with the principles upon which
the committee on the part of the House had previously
agreed, that it soon became apparent that further joint de-
liberation offered no prospect of a result. in which both
committees would concur. The committee on the part of
the House was notified that the chairman of the Senate’s
committee was authorized by them to propose any measure
on their part which he might deem proper, and to agree to
any joint report in which the committee on the part of the
House might concur.

On the 26th of January, 1839, the chairman of the com-
mittee on the part of the House, by their direction, reported
to the House the following resolutions :

Resolved, That the sum of dollars, being the amount deposited in
the Treasury of the United States, proceeding from the bequest of James
Smithson to the United States of America, for the purpose of establishing,
at the city of Washington, an institution to bear his name, for the increase
and diffusion of knowledge among men, together with what additional sum

208 CONGRESSIONAL PROCEEDINGS.

or sums may hereafter accrue from the same bequest, and so much of the
interest as has become, or may become due on the first-named principal
sum, until the day of , ought to be constituted a permanent
fund, to be invested in a corporate body of trustees, to remain, under the
pledge of faith of the United States, undiminished and unimpaired.

Resolved, That the said fund ought so to be invested that the faith of the
United States shall be pledged for its preservation, unimpaired, and for its
yielding an interest or income at the rate of six per cent. a year, to be ap-
propriated from time to time, by Congress, to the declared purpose of the
founder ; and that all appropriations so made shall be exclusively from the
interest or income of the fund, and not from any part of the principal
thereof.

Resolved, That the first appropriations from the interest or income of
the Smithsonian fund ought to be for the erection and establishment, at the
city of Washington, of an astronomical observatory, provided with the
best and most approved instruments and books, for the continual observa-
tion, calculation, and recording of the remarkable phenomena of the
heavens, for the periodical publication of the observations thus made, and
of a nautical almanac, for the use of the mariners of the United States, and
of all other navigating nations. +e

These resolutions were ordered to be printed, and laid on
the table for consideration.

On the 6th of February, 1839, the following resolutions
were submitted by the chairman of the committee on the
part of the House, to the joint committee, for considera-
tion :

1. Resolved, That the education of the children and youth of these
United States has for its object, not the increase and diffusion of knowledge
amorg men, but the endowment of individuals of both sexes with useful
knowledge already acquired, and suited to their respective conditions.

2. That the declared object of the bequest of James Smithson to the
United States of America being the foundation, at the city of Washington,
of an establishment ‘for the increase and diffusion of knowledge among
men,’ no appropriation of any part of the fund to the purpose of educating
the children or youth of these United States would fulfill the intent of the
testator.

3. That the education of the children of these United States is a duty
of solemn and indispensable obligation incumbent upon their parents and
guardians, not for the increase and diffusion of knowledge among men, but
to qualify them for the enjoyment of their rights, and the performance of
their duties throughout life.

4. That the United States of America, having, by their Congress, ac-
cepted as a trust a large and liberal bequest from a foreigner, for the in-
crease and diffusion of knowledge among men, and having pledged their
faith for the application of the proceeds of that bequest to the declared pur-
pose of the testator, would neither fulfill that purpose nor redeem their
pledge, by appropriating a fund, devised for the benefit of mankind, to the
education of their own children.

5. Resolved, therefore, That no part of the Smithsonian fund ought to
be applied to the education of the children or youth of the United States,
nor to any school, college, university, or institute of education.

After the meetings of the joint committee had ceased,
the chairman of the committee on the part of the Senate,
by virtue of the authority given him by his colleagues; pre-
sented to the committee on the part of the House counter-

TWENTY-SIXTH CONGRESS, 1839-41. 209

resolutions, disapproving of the application of any part of
the Smithsonian funds to the establishment of an astronom-
ical observatory, and urging the application of them to the
foundation of a university or institution of learning.

At a meeting of the committee on the part of the House,
on the 13th of February, 1839, the above resolutions, which
had been submitted to the joint committee on the 6th, were
unanimously adopted by the members present at the meet-
ing.

‘As it was thus ascertained that the views of the chairman
of the Senate’s committee could neither obtain the assent
of the committee on the part of the House, nor be conform-
able to theirs, it was agreed that the chairman of the Sen-
ate’s committee should prepare a bill which he would wish
to have reported, and that the committee on the part of the
House should also cause to be prepared a bill presenting
the principles upon which they had agreed, and that both
the bills should be reported together to both Houses of
Congress for consideration. The two bills were accordingly
reported to both Houses: to this House on the 16th of
February, 1839, where they were twice read, and referred
to the Committee of the Whole House on the state of the
Union. They. are numbered 1160 and 1161, among the
bills of the House of the last session; but from the lateness
of the time when they were reported, and the pressure of
other indispensable or more urgent business, they were not
taken up for consideration in the Committee of the Whole,
and remained without further action of the House upon
either of them at the close of the session.

The bill prepared by the chairman of the joint committee
on the part of the Senate was taken up in that body on the
25th of February, and after full debate, by a vote of 20 to
15, laid on the table. On the 19th and 20th of February,
the Senator who had been the chairman of the joint com-
mittee introduced in the Senate a resolution to authorize
the mayor and city council of the city of Washington to
prepare a plan of an institution, to be called the Smith-
sonian Institution, and to report the same to the Senate at
the next session; which resolution was, on the Ist of March,
1839, laid on the table.

The bill prepared by direction of the joint committee on
the part ot the House, and reported to both Houses, was
never acted upon by the Senate. The bill referred to this
committee was nearly a transcript from it, and embraces
the principles deemed by the committee of the House,
which at the last session reported the bill, of primary im-

14

210 CONGRESSIONAL PROCEEDINGS.

portance for the organization of the Smithsonian Institu-
tion, in the manner the most effective for accomplishing the
purposes of the testator.

The first of these principles is, that the capital sum of
the Smithsonian fund should be preserved entire and un-
impaired, invested in such manner as to secure a yearly
income of six per cent., and a perpetual annuity for yearly
appropriation for all future time. The reasons for this are
so obvious and so urgent, that it was scarcely to be antic-
ipated they would meet with any deliberate opposition.
The object of the testator’s bequest is as comprehensive as
the human mind, and as durable as the existence of the
race of man upon earth. The increase and diffusion of
knowledge is, in its nature, progressive to the end of time.
An institution which should exhaust in its first establish-
ment and organization the whole, or the principal part of
the bequest, would necessarily be confined within limits
exceedingly narrow, compared with the vast design of
increasing and diffusing knowledge. It would also, as may
be concluded from uniform experience, be unable for any
long series of years to sustain itself, but would gradually
sink into insignificance and apathy, or require continual
support from public or private munificence. The Smith-
sonian fund exceeds half a million of dollars: by investing
it safely, under the guaranty of the nation’s faith, to yield
a yearly income of six per cent., it places at the disposal of
Congress a sum of more than thirty thousand dollars to be
applied every year to any object promotive of the increase
and diffusion of knowledge. The means of attaining this
end will, from the very progressive nature of knowledge,
vary from time to time. Knowledge, in her progress over
the world of mind, pours, like the father of the floods, her
waters into the ocean of time, swollen by the tributary
accession of unnumbered streams.

This was among the principal considerations, connect-
ing the first of these fundamental principles with the
second—that no part of the Smithsonian fund, principal or
interest, shall be applied to any school, college, university,
institute of education, or ecclesiastical establishment.

There are in these United States ninety-five universities
and colleges, besides high schools, academies, and common
schools without number. The objects of all these institu-
tions is one and the same—education from infancy to man-
hood. The subjects of instruction are all the departments
of human science, from the primer and the spelling book
to the theory of infinites and the mechanism of the heavens.

TWENTY-SIXTH CONGRESS, 1859-41. 211

They are variously graduated, and adapted to the capacities
and wants of the expanding mind, from the moment when
the child becomes capable of receiving instruction to the
full formation of adult age, and the preparation of the
citizen for the performance of the duties of active life, and
the exercise of the faculties thus acquired for the benefit of.
the individual himself and of his fellow creatures in the
social relations of life. The ultimate object of them all is
mstruction—the communication of knowledge already pos-
sessed, and not the discovery of new truths, or the inven-
tion of new instruments for the enlargement of human
power. This was evidently the purpose of Mr. Smithson:
and this the committee of the House, which reported their
bill at the last session of Congress, unanimously believed
to be entirely distinct from that of the establishment of
any institution whatever devoted to the education of chil-
dren or of youth.

In this point of view, the bequest of Mr. Smithson
assumed, in the opinion of the committee, an interest of
the highest order, peculiar to itself, most happily adapted
to the character of our republican institutions, and destined
if administered in the spirit in which it was bestowed, to
command the grateful acclamations of future ages, and to
illuminate the path of man upon earth with rays of knowl-
edge still gathering with the revolving lapse of time.

They believed that an institute of learning for education
in the city of Washington was in nowise needed, there
being already there a college with a charter from Congress,
founded at great expense, provided with all the apparatus
tor scientific instruction, furnished with learned, skilful, and
assiduous professors and teachers in every department of
university studies, and yet scarcely able to sustain its own
existence. In the adjoining town of Georgetown there is
also a college; and there is, perhaps, no part of the United
States where there is less occasion for the institution of a
new university or college. By the express terms of the
bequest, the Smithsonian Institution must be located at the
city of Washington. A new university here could not fail
either to prove useless itself, or to destroy the existing
college, and materially to injure the neighboring college at
Georgetown.

If, indeed, an institution of learning were a suitable
object for the application of the Smithsonian fund, it would
doubtless be practicable to engraft the existing Columbian
College upon it, and thereby, instead of affecting injuri-
ously its interests and prospects, to enlarge its sphere of

212 CONGRESSIONAL PROCEEDINGS.

usefulness, and relieve it at the same time from the embar-
rassment under which it labors. But while it would be
manifestly unjust to that college to establish in its immedi-
ate vicinity a rival institution more richly endowed from
foreign funds, it might be deemed an application not less
exceptionable of those funds to the relief or assistance of
one particular establishment in this city, narrowing down
the general purpose of increasing and diffusing knowledge
among men to the special benefit and emolument of one
over-burdened seminary of learning.

Among the reasons for discarding all institutions of educa-
tion from the purview of the Smithsonian bequest, the com-
mittee of the House at the last seasion were not insensible
to the consideration that the acceptance of a bequest,
coupled with a trust for the increase and diffusion of knowl-
edge among men, by the United States of America, imported
a career of action in the execution of the trust more com-
prehensive in its object, more extensive in its design, and
therefore more appropriate for the exercise of national
powers, than the mere education of children.

The education of children is, in all civilized and Christian
communities, in the first instance a solemn and imperative
duty of their parents. It stands in the first rank of domes-
tic and family duties; and so far as it connects itself with
social relations, and becomes a subject of legislation, it be-
longs to that class of interests and concerns which, under
our complicated system of government, are considered as
exclusively confined to the authorities of the separate
States. Whether Congress possess, under the Constitution,
the power to establish a national university, is at least a
matter of doubt; and although they have exclusive juris-
diction in all cases whatever over the District of Columbia,
in which the city of Washington is situated, yet an institute
of learning coextensive only with the District of Columbia
must necessarily be confined, in all its administrations, as
much within that District as the universities and colleges
within the several States are limited by their respective
jurisdictions. Nor did it seem to the committee altogether
consistent with the self-respect of a great confederated
nation to receive from the hands of a foreigner a liberal
fund for the increase and diffusion of knowledge through-
out the world of man, and apply it to the schooling of
their own children.

The peculiar expressions used by the testator himself, in
the indication of the ultimate result of his purpose, and
the selection of his trustee, concur in confirming this view

TWENTY-SIXTH CONGRESS, 1839-41. 213

of the subject. Had it been his intention to found a college
or university for the purposes of education, it seems impos-
sible that he should have avoided the use of words necessa-
rily importing them: the words school, college, university,
institution of learning, would have been those most appropri-
ate to the specification of his design; and it is not imagin-
able that, having such an intention, he should studiously
have avoided the use of every word most appropriate for
its designation. Zhe increase and diffusion of knowledge
among MEN, present neither the idea of knowledge already
acquired to be taught, nor of childhood or youth to be in-
structed ; but of new discovery—of progress in the march
of the human mind—of accession to the moral, intellectual,
and physical powers of the human race—of dissemination
throughout the inhabited globe.

And if education had been his design, why should he have
selected the city of Washington for the seat of his institute,
and the United States of America for his trustees? In the
land of his nativity there were children and youth needing
and destitute of the blessings of education, in multitudes
far exceeding those which might have been found in the
city of Washington, or throughout the North American
Union. In the land of his habitation and of his decease
there swarmed around him, ever present to his eyes, num-
berless children and minors, to whom an institute of learn-
ing would have been far more beneficial than it could
possibly be to the children of the city of Washington, or of
the whole United States. Mr. Smithson had no personal
relations with this country ; he had never visited its shores ;
nor from the provisions of his will, nor from anything that
has been ascertained of /his life, does it appear that he was
ever intimate, or even acquainted, with any one native citi-
zen of this Union. Why, then, should he devote the whole
of an ample fortune to the education of a comparatively
small number of children in a hemisphere distant from
that in which he was born, had lived, and was to die, and
with which he could have no sympathy other than that of a
common nature, and common principles of moral and polit-
ical truth ?

Mr. Smithson’s bequest was not to the city of Washing-
ton, but to the United States of America. His reason for
fixing the seat of his institution at Washington obviously
was, that there is the seat of Government of the United
States; and there the Congress, by whose legislation, and
the Executive, through whose agency, the trust committed
to the honor, intelligence, and good faith of the nation, is

214 CONGRESSIONAL PROCEEDINGS.

to be fulfilled. The peculiar powers by which Congress
are enabled to discharge this trust in all its magnitude, are
vested in them by their authority of exclusive legislation
over the District of Columbia; but, in the execution of the
Trust, the obligation incumbent upon them by the will of
the testator, and by their recorded pledge of the nation’s
faith, is so to organize, and so to superintend the conduct
of the institution, as to spread the benefits to be derived
from it not only over the whole surface of this Union, but
throughout the civilized world.

The Smithsonian fund appeared to the committee of the
House, which at the last session reported the bill, equiva-
lent to a considerable yearly donation to the United States,
to be expended in furnishing the means, and in rewarding
the accomplishment, of new discoveries and inventions
throughout the whole range of science and of art. The
specific means of attaining directly or indirectly this end,
are as various as the arts and sciences themselves, and as
prolific as the imagination of man. Among the many
establishments which were suggested to them, or which
occurred to their own consideration, whieh would be
strictly included within the express language of the will,
and the undoubted intention of the testator, that upon
which they rested as first deserving, and for a succession of
several years, the application of the annual income of the
fund, was an astronomical observatory of the most enlarged
and liberal character, with provisions for the most effective
continual observation of the phenomena of the heavens;
for the actual calculations and periodical publication of the
results of those observations, and for affording to the navi-
gators of our own and of all other maritime nations our con-
tribution of all the facilities which the detected secrets of
the starry universe can furnish to the wandering pilgrim of
this sublunary sphere. It was not the intention or expecta-
tion of the committee that the appropriations from the
Smithsonian fund should be confined exclusively to this
object. Far otherwise; the improvement of all the arts
and sciences was embraced in the letter and in the spirit of
Mr. Smithson’s bequest; and that was one of the principal
reasons which induced the committee to recommend, as a
fundamental principle for the organization and conduct of
the institution, that perpetuity and a regular income should
be irrevocably secured to the fund, and yearly appropri-
ations made only from the accruing income. A botanical
garden, a cabinet of natural history, a museum of miner-
alogy, conchology, or geology, a general accumulating

TWENTY-SIXTH CONGRESS, 1859-41. 215

library—all institutions of which there are numerous exam-
ples among the civilized Christian nations, and of most of
which our own country is not entirely destitute—all are
undoubtedly included within the comprehensive grasp of
Mr. Smithson’s design—all may receive, in turn, and with
progressive utility and power, liberal contributions from
the continually growing income of the trust. Nor did the
committee believe that the moral or political sciences, the
philosophy of language, the natural history of speech, the
graces of polite literature, the mechanic or the liberal arts,
were to be excluded from the benefits prepared for poster-
ity by the perpetuation of this fund. Whatever personal
preference Mr. Smithson may, during his life, have enter-
tained for the cultivation of the natural sciences, no such
preference encumbers his bequest, or is indicated by his
will. It is KNowLEDGE—the source of all human wisdom,
and of all beneficent power—hknowledge, as far transcend.
ing the postulated lever of Archimedes as the universe
transcends this speck of earth upon its face—knowledge,
the attribute of Omnipotence, of which man alone in the
physical and material world is permitted to participate ;
the increase and diffusion of which among MEN is the result
to which the ample fortune of Mr. Smithson is devoted,
and for the accomplishment of which he selects the United
States of America as his trustees, and their National Gov-
ernment as his agents. Let not, then, any branch or
department of human knowledge be excluded from its
equitable share of this benefaction ; but it is believed that
no one science deserves or requires the immediate applica-
tion of the accrued and accruing income of the fund so
urgently as practical astronomy.

The express object of an observatory is the increase of
knowledge by new discovery. The physical relations between
the firmament of heaven, and the globe allotted by the
Creator of all to be the abode of man, are discoverable only
by the organ of the eye. Many of these relations are
indispensable to the existence of human life, and, perhaps,
of the earth itself. Who can conceive the idea of a world
without a sun, but must connect with it the extinetion of
hight and heat, of all animal life, of all vegetation and pro-
duction ; leaving the lifeless clod of matter to return to
the primitive state of chaos , or to be consumed by elemen-

tal fire? The influence of the moon—of the planets, our
next door neighbors of the solar system—of the fixed stars,
scattered over the blue expanse in multitudes exceeding
the power of human computation, and at distances of

216 CONGRESSIONAL PROCEEDINGS.

which imagination herself can form no distinct conception :
the influence of all these upon the globe which we inhabit,
and upon the condition of man, its dying and deathless in-
habitant, is great and mysterious, and, in the search for
final causes, to a great degree inscrutable to his finite and
limited faculties. The extent to which they are discover-
able is, and must remain unknown; but, to the vigilance of
a sleepless eye, to the toil of a tireless hand, and to the
meditations of a thinking, combining, and analyzing mind,
secrets are successively revealed, not only of the deepest
import to the welfare of man in his earthiy career, but
which seem to lift him from the earth to the threshold of
his eternal abode; to lead him blindfold up to the council-
chamber of Omnipotence ; and there, stripping the bandage
from his eyes, bid him look undazzled at the Throne of
God.

In the history of the human species, (so far as it is known
to us,) astronomical observation was one of the first objects
of pursuit for the acquisition of knowledge. In the first
chapter of the Sacred Volume we are told that, in the pro-
cess of creation, “‘ God said, let there be lights in the firma-
ment of the heavens, to divide the day from the night; and
let them be for signs, and for seasons, and for days and
years.” By the special appointment, then, of the Creator,
they were made the standards for the measurement of time
upon earth. They were made for more; not only for sea-
sons, for days, and years—but for stens. Signs of what ?
It may be that the word in this passage has reference to the
signs of the Egyptian zodiac, to mark the succession of
solar months; or it may indicate a more latent connection
between the heavens and the earth, of the nature of judicial
astrology. These relations are not only apparent to the
most superticial observation of man, but many of them
remain inexhaustible funds of successive discovery—per-
haps as long as the continued existence of man upon earth.
What an unknown world of mind, for example, is yet teem-
ing in the womb of time, to be revealed in tracing the
causes of the sympathy between the magnet and the pole—
that unseen, immaterial spirit, which walks with us through
the most entangled forests, over the most interminable
wilderness, and across every region of the pathless deep,
by day, by night, in the calm serene of a cloudless sky, and
in the howling of the hurricane or the typhoon? Who can
witness the movements of that tremulous needle, poised
upon its centre, still tending to the polar star, but obedient
to his distant hand, armed with a metallic guide, round

TWENTY-SIXTH CONGRESS, 1839-41. 217

every point of the compass, at the fiat of his will, without
feeling a thrill of amazement approaching to superstition ?
The discovery of the attractive power of the magnet was
made before the invention of the alphabet or the age of
hieroglyphics. No record of the event is found upon the
annals of human history; but seven hundred years have
scarcely passed away since its polarity was first known to
the civilized European man. It was by observation of the
periodical revolution of the earth in her orbit round the
sun, compared with her daily revolution round her axis,
that was disclosed the fact that her annual period was com-
posed of 365 of her daily revolutions, or, in other words,
that the year was composed of 365 days; but the shepherds
of Egypt, watching their flocks by night, could not but
observe the movements of the Dog-star—next to the sun,
the most brilliant of the luminaries of heaven. They wor-
shipped that star as a god; and losing sight of him for
about forty days every year, during his conjunction with
the sun, they watched with intense anxiety for his reappear-
ance in the sky, and with that day commenced their year.
By this practice, it failed not soon to be found that, although
the reappearance of the star, for three successive years, was
at the end of 365 days, it would on the fourth year be de-
layed one day longer; and after repeated observation of
this phenomenon, they added six hours to the computed
duration of the year, and established the canicular period
of four years, consisting of 1,461 days. It was not until
the days of Julius Cesar that this computation of time was
adopted in the Roman calendar; and fifteen centuries from
that time had elapsed before the yearly celebration of the
Christian paschal festivals, founded upon the Passover of
the Levitical law, revealed the fact that the annual revolu-
tion of the earth, in her orbit round the sun, is not precisely
of 865 days and one quarter, but of between 11 and 12
minutes less; and thus the duration of the year was ascer-
tained, as a measure of time, to an accuracy of three or
four seconds, more or less—a mistake which would scarcely
amount to one day in twenty thousand years.

It is, then, to the successive discoveries of persevering
astronomical observation through a period of fifty centuries
that we are indebted for a fixed and permanent standard
for the measurement of time. And by the same science
has man acquired, so far as he possesses it, a standard for
the measurement of space. A standard for the measure-
ment of the dimensions and distances of the fixed stars
from ourselves is yet to be found; and, if ever found, will

218 CONGRESSIONAL PROCEEDINGS,

be through the means of astronomical observation. The
influence of all these discoveries upon the condition of man
is, no doubt, infinitely diversified in relative importance ;
but all, even the minutest, contribute to the increase and
diffusion of knowledge. There is no richer field of science
opened to the exploration of man in search of knowledge
than astronomical observation ; nor is there, in the opinion
of this committee, any duty more impressively incumbent
upon all human governments than that of furnishing means
and facilities and rewards to those who devote the labors
of their lives to the indefatigable industry, the unceasing
vigilance, and the bright intelligence indispensable to suc-
cess in these pursuits.

The committee will add, that at no period of human his-
tory has the general impulse of the learned world been
more intensely directed to the cultivation of this science
than in the present age. It was an observation of Voltaire,
that if the whole human race could be assembled in one
mass, from the creation of man to his time, in the gradua-
tion of genius among them all, Isaac Newton would stand
at their head. But the discoveries of Newton were the
results of calculations founded upon the observations of
others—of Copernicus, of Tycho Brahe, of Kepler, of
Flamsteed ; and among their producing causes, not the
least was the erection and establishment of the royal ob-
servatory of Greenwich.

The original purpose of this institution, first commenced
in 1676, under the patronage of Charles the Second, and
the most glorious incident of his life, was for the finding
out the so-much-desired longitudes of places for the perfect-
ing the art of navigation ; and the inscription still existing
above the original door of the observatory declares that it
was built for the benefit of astronomy and navigation ; so
intimately connected together are the abstract science
and the practical art, that, without the help of the astrono-
mer, the seaman could not urge his bark in safety one inch
beyond the sight of the shore.

The discovery of the longitudes of places, the benefit of
astronomy and navigation, were thus the declared objects
of the erecting of the Greenwich Observatory, and of the
appointment, in the person of Flamsteed, of an astronomical
ohservator with a salary of one hundred pounds sterling a
year, leaving him to provide himself with all the instru-
ments and books necessary for the performance of his
duties. And what were the first fruits of this institution ?
1. An increased accuracy of observation, by the attachment

TWENTY-SIXTH CONGRESS, 1839-41. 219

of telescopes to graduated instruments, and by the use of a
clock to note the time at which stars and planets passed, by
their apparent diurnal motion, across the middle of the
field of view of the telescope. 2. A catalogue of the places
of 3,310 stars, with a name affixed to each of them, the
selection and nomenclature of which have served as the
basis to every catalogue since that time. Nor is it an unin-
teresting incident in the progressive history of astronomical
knowledge, that when, one hundred years later, Herschel
discovered that the star which bears his name was a planet,
he found it as a fixed star upon the catalogue of Flamsteed.
3. Many of Flamsteed’s observations of the moon, reduced
as well as was then practicable, were, at Newton’s request,
communicated to him, to aid in perfecting the theory
deduced from the principle of universal gravitation. ‘‘ The
time,” as has been well observed by the present astronomer
royal, the Reverend George Biddell Airy, “the time at
which these observations were made, was a most critical
one—when the most accurate observations that had been
made were needed for the support of the most extensive
philosophical theory that man had invented.”

Since the death of Flamsteed, the office of astronomer
royal has been successively filled by Doctor Halley, who
has given his name to the most splendid comet of the solar
system, by computing its orbit and predicting its return
after a period of about 75 years, already twice verified;
then by Bradley, immort talized by the two discoveries of
the aberration of hight, and the nutation of the earth’s axis ;
by Bliss, Maskelyne, and Pond; the present successor of
whom is Mr. Airy—like all his predecessors, among the
most eminent astronomers of the age. For the space of
nearly two centuries this institution has existed, and has
been the seat of continuous observations, scarcely inter-
rupted by the intervals between the cessation of the labors
of one observator and the commencement of those of his
successor; an arrangement made by the means of assist-
ants, which has contributed to distinguish the system of
observations pursued at Greenwich from that followed at
every other observatory.

From such small beginnings originated, and thus illus-
trious has been the career of the royal observatory of
Greenwich. Originally attached to the ordnance depart-
ment, it was in 1816 or 1817 transferred to the department
of the admiralty. The estimates for the annual expense of
the observatory are inserted under the “ scientific branch ”’

220 CONGRESSIONAL PROCEEDINGS.

of the admiralty account in the Parliamentary estimates,
and are voted annually by Parliament.

The committee of the House take the liberty of annexing
to this report extracts of a communication from the present
astronomer royal, Mr. Airy, received in the course of the

last summer by their chairman, and containing much valua-

ble information concerning the royal observatory at Green-
wich, and relating to other astronomical observatories within
the British dominions, and under the patronage of the
British Government.

The history of the royal observatory of France would
present an exhibition not less interesting of the benefits
conferred upon mankind by the slightest notices bestowed
by the rulers of mankind upon the pursuit of knowledge ;
and the names of the four Cassinis would range in honor-
able distinction by the side of those of Flamsteed, Halley,
Bradley, and Maskelyne.

Within the last century the other governments of Europe
have emulated with those of France and England in erect-
ing and endowing astronomical observatories, the number
of which, in that quarter of the globe, is not less at this
time than 120, while throughout the whole range of these
United States there is not one.

In the British islands alone, there are observatories at
the universities of Cambridge and Oxford; at Edinburgh
and Glasgow, in Scotland; and at Dublin and Armagh, in
Ireland; all of which receive some patronage from the
Government. And, in addition to which, there has been
erected, under the same patronage, an observatory at the
Cape of Good Hope, already made illustrious by the labors
of Sir John Herschel.

Among the munificent patrons of science, and particularly
of practical astronomy, adding a brighter lustre than that
of the diamond or the ruby to the imperial crown, is the
present Emperor of all the Russias. There was, during the
reign of his predecessor, a small observatory at St. Peters-
burg, at which the eminent German astronomer, Schubert,
author of a profoundly learned and also of the best popular
system of astronomy extant, presided.

But no longer since than the 7th of August last, the in-
auguration took place of the new observatory of Pulkowa,
near St. Petersburg; a spot selected by the Emperor Nicho-
las himself, for the establishment founded under his aus-
pices, and constituting, perhaps, the most perfect and best
appointed institution of this nature extant in the world. In
November last, an account of this event, and a long and

TWENTY-SIXTH CONGRESS, 1839-41. 221

detailed description of the observatory itself, was commu-
nicated by Mr. Arago to the National Institute of France ;
and the reporter of this discourse of Mr. Arago, in one of
the periodical journals of Paris, observes that its details
would be read with interest, and give an idea of the exer-
tions made in that land of serfs for the progress of the
sciences. We acknowledge, adds the journalist, that the
reading of this article would have been very little flattering
to our national selflove, if the Honorable Mr. Arago had
not immediately informed us that, by the accomplished
labors of Mr. Gambay, the observatory of Paris has no
reason to shrink from a comparison with this new model of

observatories at Pulkowa.

The committee of the House cannot but consider these
circumstances as indicating, in an eminent degree, that
intense and ardent thirst for the increase and diffusion of
knowledge which, among all the nations of Christendom,
however politically governed, forms one of the most re-
markable characteristics of the age in which we live. Here
is the sovereign of the mightiest empire and the most abso-
lute government upon earth, ruling over a land of serfs,

gathering a radiance of glory around his throne by found-

ing and endowing the most costly and most complete estab-
lishment for astronomical observation on the face of the
earth. This is undertaken and accomplished under hyper-
borean skies—in the region so proximate to the pole, that
it offers to the inspection of the human eye only a scanty
portion of the northern hemisphere, with an atmosphere so
chilled with cold, veiled with clouds, and obscured with
vapors, that it yields scarcely sixty days in the year when
observation of the heavenly bodies is practicable. And
this event is honorably noticed in the National Institute of
France, one of the most learned and talented assemblies of
men upon the globe—noticed as an occurrence in the
annals of science—noticed for honor and for emulation.
The journalist of a free country, applauding the exertions
of a land of serfs to promote the progress of science, avows
that he should blush for his own country, had he not at
hand the evidence of her exertions not less strenuous for
the advancement of the same cause.

The committee of the House, in applying to their own
country that sensibility to the national honor which the
French journalist attributes to self-love, would gladly seek
for its gratification in the same assurance that she is not
lagging behind in the race of honor; but that, in casting
their eyes around over the whole length and breadth of

222 CONGRESSIONAL PROCEEDINGS.

their native land, they must blush to acknowledge that not
a single edifice deserving the name of an astronomical
observatory is to be seen.

The bill reported by the committee of this House, at the
last session of Congress, bears testimony to their earnest
desire that this reproach might be removed from the people
of the North American Union, That bill was unaccompa-
nied with a report, because other views for the disposal of
the fund bequeathed to the United States by Mr. Smithson
had been entertained by the chairman of the joint cornmit-
tee on the part of the Senate, in which views his colleagues
of the same committee acquiesced. As a compromise of
irreconcilable opinions, it became necessary, therefore, to
agree that the two bills should be reported together to both
Houses; and as it was obvious that the remnant of time to
the close of that session would be so absorbed by other and
indispensable business that it would be impossible deliber-
ately to discuss either of the bills in the House, and to
avoid, in deference to the committee on the part of the
Senate, and to their chairman, any unnecessary display of
argument against their bill, it was reported by the commit-
tee of the House, together with their own bill, without
commentary upon either. The object of the chairman of
the committee on the part of the Senate, for the disposal of
the Smithsonian fund, was the establishment of an istitu-
tion of learning, or great national university, by the authority
of Congress, which would not only absorb the whole
bequest, but would require the superaddition of large and
frequent appropriations of public moneys for its mainten-
ance and support. The bill of that committee, reported to
the Senate, was actually taken up in that body, and, after
deliberate discussion of its merits, was by them rejected.
The immediate consequence of the interposition of that
body upon a subject which had been already several weeks
under the consideration of a select committee of this
House, was to prevent the possible action of Congress for
the fulfillment, at that session, of the trust committed to
them.

Four members of the committee of the House, at the
last session of Congress, are also members of the present
committee. Retaining their opinions in favor of the bill
then reported by the committee on the part of the House,
they see no cause to regret the delay to the final action of
Congress upon the disposal of the bequest, occasioned by
the appointment and proceedings of the joint committee of
both Houses at the last session. To the faithful perform-

TWENTY-SIXTH CONGRESS, 1839-41. 223

ance by Congress of the solemn duties imposed on them by
the acceptance of this fund and trust to the honor and
pledged faith of the nation, it was wise and just to do noth-
ing with precipitation. The routine of the ordinary busi-
ness of Congress furnished neither principle nor precedent
for efficient legislation upon this subject: the trust was as
delicate as it was important to the memory of the testator,
and honorable to the good name of the trustee. An error
in the first organization of the institution might, in its con-
sequences, at once defeat the noble purpose of the founder
fail in the express object of his bounty—the increase and
diffusion of knowledge among men; and react, most inju-
riously, upon the reputation “of our beloved country, by
demonstrating to the world of mankind, of this and after
ages, that the. generous confidence of this friend of man in
her upright and intelligent ardor in the pursuit of knowl-
edge was misplaced.

Tt was in the true spirit of the bequest itself that the set-
tlement of the principles upon which the institution should
be founded should be calm and considerate, and, above all,
disinterested : separated from all projects of individuals, and,
perhaps, communities, for provisions of emolument to
themselves: separated from all speculative patent inven-
tions and discoveries in embryo, which, after wasting time
and money upon the false conceptions of genius, may never
come to the birth: separate, in fine, from all schools, col-
leges, universities, institutes of education, or ecclesiastical
establishments.

It was particularly desirable that the exclusion of all in-
stitutes for education from a participation in the disposal of
these funds should be fully considered and debated before
its adoption as a fundamental principle of the Smithsonian
Institution, because the first impression upon the public
mind, whether learned or illiterate, in this country, very
extensively, was, upon the first publication of Mr. Smith-
son’s will, that the express design of his bequest was to
bestow his large fortune to the cause of education; and
that a school, college, or university, was the only mode of
providing for the increase and diffusion of knowledge
among men.

It is, then, to be considered as a circumstance propitious
to the final disposal of this fund, by the organization of an
institution the best adapted to accomplish the design of the
testator, that this first but erroneous impression of that de-
sign—an institute of learning, a university, upon the foun-
dation of which the whole fund should be lavished, and yet

204 CONGRESSIONAL PROCEEDINGS.

prove inadequate to its purpose without large appropria-
tions of public moneys in its aid—should have been pre-
sented to the consideration of Congress, referred to a
numerous joint committee of both Houses, there discussed,
reported for the deliberation of both Houses, fully debated
in the House where it originated, and there decisively re-
jected.

This committee concur entirely in the opinion of the
committee of the House at the last session of Congress,
that the express language of Mr. Smithson’s will indicates
a design not only distinct, but widely different, from the
schooling of children. Besides the reasons assigned in the
resolutions of the former committee for withholding any
portion of these funds from any institute of education, it is
apparent that the fund itself, large and liberal as it is, could
be applied only to an establishment extremely partial and
limited, not only with regard to the instruction to be given,
but to the persons who could be benefited by it. For a
national university, besides the utter inadequateness of the
fund for such an establishment, all its benefits would neces-
sarily be confined to a very small number of students from
the city of Washington and its immediate vicinity, together
with a number, scarcely larger, who, at an expense which
none but the wealthy could afford, might resort from dis-
tant parts of the Union to Washington, for learning, which,
after all, they could acquire with equal proficiency in the
colleges of their own respective States. A school devoted
to any particular branch of science—as, for example,,a mil-
itary or naval school; a farm school, or school of mechanic
arts; a school of law, physic, or divinity; a school of
mines, of natural history, of metaphysies, literature, morals,
or politics—however effective for teaching these several
branches of science, would be available only for a very
small number of individuals, and very ill adapted to pro-
mote the increase and diffusion of knowledge among men.
If education had been the peculiar object of Mr. Smithson’s
solicitude, it is natural to suppose that he would have been
desirous of diffusing the benefits of his institution among
all classes of the community as extensively as might be
possible ; that he would have devoted it to the endowment
of primary schools; of infant or Sunday schools; of insti-
tutions, in fine, where the recipients of his bounty would
have been at once in great numbers, and of the class of
society which pre-eminently needs the blessing of elemen-
tary instruction. It would, no doubt, have been an excel-
lent disposal of his ample fortune, and would indirectly

TWENTY-SIXTH CONGRESS, 1839-41. 225

have contributed to the increase and diffusion of knowledge
among men. But, had this been his design, he could
neither have located his institution at the city of Washing-
ton, nor have selected for trustees and agents to fulfill his
design the United States of America.

In proposing that an astronomical observatory should be
the first object for the application of the annual income
from the Smithsonian bequest, and that the appropriations
should be confined to that object until an establishment of
that character shall be completed, not inferior for efficiency
to any other devoted to the same science in any part of the
world, this committee have been not altogether uninfluenced
by anticipations of the impression which it will make upon
the reputation of these United States throughout the
learned and scientific world. Asa commercial and navigat-
ing nation, they stand already in the first rank of Christian
communities. ‘T’o the science of geography, so far as it can
be improved by adventurous enterprise in exploring the un-
frequented paths of every ocean, they have contributed
their share of private and individual exertion. The expe-
dition now floating upon a distant sea, in search of new
discoveries upon the surface of the globe, affords a signal
testimonial of the interest taken by this Government in the
increase and diffusion of geographical knowledge. Nor
has astronomy been wholly neglected in the instructions
given for the conduct of the expedition. But there exists
no permanent establishment throughout the Union for
systematic continual observation of the phenomena of the
heavens; for the mathematical calculations to furnish the
practical results of observation; and for periodical publica-
tion, for the benefit of the commercial, navigating, and
scientific world, of the fruits of this combined observation
and calculation. To supply this deficiency, the bequest of
James Smithson fortunately furnishes the means, without
needing the assistance of any contribution from the public
funds of the nation. Shouldthe Government of the Union,
responding to an impulse of emulation in laudable pursuits
which may be kindled in the minds of this ambitious peo-
ple, by successful results in the application of the Smith-
sonian funds, hereafter be disposed to appropriate some
portion of the moneys levied upon the people themselves
to the advancement of astronomical or geographical knowl-
edge, there will be ample field for demonstrating to the
world that the United States of America were not only
worthy of the honor done them by a generous foreigner, in
selecting them as the administrators of his bequest for the

16

926 CONGRESSIONAL PROCEEDINGS.

improvement of the condition of man, but that the Ameri-
can people themselves will require a liberal application of
their own revenues, levied upon themselves, to the same
lofty-spirited purpose. The committee are of opinion that
it will be expedient to keep the Smithsonian bequest within
itself, resting upon its own resources, and reserving to the
memory of the founder himself whatever of credit or of
gratitude may be due to the successful accomplishment of
his benevolent design. Nota ray of glory can be concen-
trated upon him, but will be reflected back upon those
whom he selected as his administrators and trustees.

With these observations, the committee submit the bill
and proposed amendments to the consideration of the
House.

A BILL to provide for the disposal and management of the fund be-
queathed by James Smithson to the United States, for the establishment
of an institution for the increase and diffusion of knowledge among men.

Src. 1. Be it enacted oy the Senate and House of Representatives of the
United States of America in Congress assembled, That the Vice-President of
the United States, the Chief Justice of the United States, the Secretaries of
State, of the Treasury, of War, and of the Navy, the Attorney General of
the United States, and the Mayor of the city of Washington, all during
the time when they shall hold their respective offices, together with three
members of the Senate and four members of the House of Representatives,
to be annually elected by their respective Houses on the second Wednesday
of December, and to continue in office until others are elected in their
stead, shall be, and hereby are, constituted a body politic and corporate, by
the style and title of the trustees of the Smithsonian Institution for the in-
crease and diffusion of knowledge among men, with perpetual succession,
and the usual powers, duties, and liabilities, incident to corporations.

Src. 2. And be it further enacted, That the corporation so constituted
shall have power to appoint, from citizens of the United States other than
members of the board, a secretary and a treasurer, to hold their offices
during the pleasure of the board, and removable at their pleasure, and
others to be appointed in their places, and to fix their compensations. And
the secretary and treasurer only shall receive pecuniary compensation for
their services, and those of the members of the board of trustees shall be
gratuitous. And the offices of secretary and treasurer may, at the discre-
tion of the board of trustees, be held by the same person. The secretary
and treasurer shall be sworn to the faithful discharge of the duties of their
respective offices ; and the treasurer shall give bond, with the penalty of
fifty thousand dollars, with sureties to the satisfaction of the Secretary of
the Treasury, for the safe custody and faithful application of all the funds
of the Institution which may come to his hands or be at his disposal.

Src. 3. And be it further enacted, That the sum of five hundred and
eight thousand three hundred and eighteen dollars and forty-six cents,
placed in the Treasury of the United States on the first day of September,
eighteen hundred and thirty-eight, as the proceeds, in part, of the bequest
of James Smithson to the United States, together with ail sums which have
been or may hereafter be realized, shall be passed hereafter to the credit of
a fund, to be denominated the Smithsonian fund, in the Treasury of the
United States. And the faith of the United States is hereby pledged for
the preservation of the said fund undiminished and unimpaired, to bear in-
terest at the rate of six per cent. a year, payable on the first days of Janu-

TWENTY-SIXTH CONGRESS, 1839-41. 227

ary and July, to the treasurer of the board of trustees of the Smithsonian
fund, to be applied to the purposes of the fund, conformably to the laws,
and subject to the revision and regulations of the board of trustees.

Suc. 4. And be it further enacted, That no part of the said Smithsonian
fund, principal or interest, shall be applied to any school, college, univer-
sity, institute of education, or ecclesiastical establishment.

Sec. 5. And be it further enacted, That the appropriations to be made
from time to time by Congress, to the purposes of the Smithsonian Institu-
tion, as declared by the testator, shall be exclusively.from the accruing
interest, and not from the principal, of the said fund: Provided, That Con-
gress shall retain the power of investing, at their discretion, the principal
of said fund in any other manner, so as to secure not less than a yearly
interest of six per cent.

Src. 6. And be vt further enacted, That the sum of thirty thousand dol-
lars, part of the first year’s interest accruing on the same Smithsonian fund,
be, and the same is hereby, appropriated towards the erection and establish-
ment, at the city of Washington, of an astronomical observatory, adapted
to the most effective and continual observations of the phenomena of the
heavens; to be provided with the necessary, best, and most perfect instru-
ments and books, for the periodical publication of the said observations,
and for the annual composition and publication of a nautical almanac.

Src. 7. And be it further enacted, That the said observatory shall be
erected under the direction of the Secretary of the Treasury, subject to the
approbation of the President of the United States. And the site for the
same shall be selected upon land, in the city of Washington, belonging to
the United States; and the land necessary for the same, and for any other
buildings proper to be connected with the said observatory and the appur-
tenances thereof, is hereby granted, and shall be duly conveyed, as a deed
of gift, to the trustees of the Smithsonian fund, and to their successors for-
ever, in aid of the purposes of the said Institution.

Ssc. 8. And be it further enacted, That all expenditures made by the said
board shall be subject to the approval of the President of the United States ;
and all the accounts thereof shall be reported to the Secretary of the Treas-
ury, and audited, under his direction, by the proper officers of the Treasury
Department; and the said board shall report to Congress, at every session
thereof, the state of the Smithsonian fund, and a full statement of their
receipts and expenditures during the preceding year.

Src. 9. And be it further enacted, That the first meeting of the trustees
of the Smithsonian fund shall be held at the city of Washington on the third
— of next; and that, in the mean time, the custody of the said
fund, and the expenditures under the appropriation herein made, shall be
held and authorized by the Secretary of the Treasury, subject to the appro-
bation of the President of the United States.

Sxc. 10. And be it further enacted, That there shall be a board of visitors,
to be annually appointed, consisting of nine members; two of whom to be
commissioned officers of the army, to be appointed by the Secretary of
War ; two commissioned officers of the navy, to be appointed by the Sec-
retary of the Navy; the mayors for the time being of the cities of Alex-
andria and of Georgetown, within the District of Columbia; and one citi-
zen of each of the cities of Washington, and Alexandria, and Georgetown,
to be appointed by the President of ‘the United States; who shall meet on
the first Monday of February, at eleven o’clock, before noon, at the said
astronomical observatory, and visit and inspect the condition of the suid
observatory, and of the Smithsonian Institution generally. They shall
choose among themselves a chairman, and shall make report to the Presi-
dent of the United States of the said condition of. the institution ; specifi-
cally indicating in what respect the institution has, during the preceding
year, contributed to the purpose of the founder—the increase and diffusion
of knowledge among men. To this board the astronomical observator shall
make a report to the same effect, so far as regards the astronomical branch

228 CONGRESSIONAL PROCEEDINGS.

of the institution ; which report shall be annexed to that of the board to
the President of the United States, who shall communicate the said reports
to Congress. The services of the members of the said board shall be gra-
tuitous ; but the expenses incidental to their meeting and the performance
of their duties shall be included in the annual estimates of the War and
Navy Departments, alternately, and paid from the contingent expenses
thereof respectively.

Sxc. 11. And be it further enacted, That there is reserved to Congress
the right of altering, amending, adding to, or repealing, any of the provi-
sions of this act, which shall be found inconvenient upon experience: Pro-
vided, That no contract or individual right, made or acquired under such
provisions, shall thereby be impaired or divested.

Src. 12. And be it further enacted, That the sum of sixty thousand dol-
lars from the second and third years’ interest of the Smithsonian bequest
be, and the same is hereby, appropriated, to be invested so as to yield a
yearly income at the rate of six percent. a year; from which yearly income
shall be paid the compensation of an astronomical observator, to be ap-
pointed by the President, by and with the advice and consent of the Senate
of the United States, and the incidental and contingent expenses of repairs
upon the buildings, as they may be required.

APPENDIX.

Estimate of the expense of erecting an astronomical observatory of the first
class, and of supporting it by appropriations from the income of the Smith-
sonian fund.

In the letter of 11th October, 1888, to the Secretary of State, communi-
cated to Congress with the message of the President of the 6th of Decem-
ber of that year, a conjectural estimate was given of the expense of estab-
lishing and maintaining a permanent astronomical observatory, and of the

periodical publication of the results of the observations there made, and of '

a nautical almanac. That estimate contemplated the income of seven years
of the fund as indispensably necessary for completing and organizing the
establishment in such manner as to avoid all encroachment on the capital
of the Smithsonian fund; to increase it by providing from its income per-
manent funds for the discharge of the most of constantly accruing expend-
itures incident to it; and to relieve the fund itself forever after from any
further contribution to this branch of the institution.

Further reflection, and the information received of the expenses actually
chargeable upon the Greenwich Observatory, and defrayed by the British
Government, have led to the conclusion that the estimate was yet not sufli-
ciently liberal; and that, for the accomplishment of the above purposes, not
less than ten years of the income will be required exclusively for this ob-
ject. But, of this large sum, an overbearing proportion will, while pro-
viding for all the necessary expenses of the establishment, at the same time
increase the capital of the fund by the value of the buildings erected, and
of the instruments and books purchased, and by the amount of the funds,
from the interest of which the observing astronomer, his assistants, and all
the persons to be employed in the service of the observatory, shall receive
their compensation. The following is a gross estimate of the sums which,
it is believed, will be required for the full execution of the plan presented
in the bill herewith reported :

TWENTY-SIXTH CONGRESS, 1839-41. 229

Estimate of the appropriations from the annual income of the Smithsonian
Sund, assumed to be thirty thousand dollars.

For the purchase of land, and construction of the necessary

Bean es —-One year. |e ee ee ee eee eee $30,000
For a fund, from the yearly income of which the compensation
of the observing astronomer shall be paid, two years________ 60,000

The interest of this sum will be $3,600 a year, of which
$3,000 a year may be fixed as the salary of the astronomer,
and $600 for the incidental and contingent expenses of re-

pairs upon the buildings, as they may be required.
For a fund, from the yearly income of which four assistants to
the astronomer, and two laborers necessary for attendance on

him, for the care and preservation of the buildings—four years 120,000

The income would be $7,200 a year, of which $6,000 a year
might be for the compensation of four assistants, at $1,500

a year each, and two laborers, each at $600 a year.

For the purchase and procurement of instruments—one year___- 30,000

Of this, $20,000 might be applied to furnish an assortment
of the best instruments to be procured, and $10,000 a fund,
from the interest of which other instruments may be from
time to time procured, as occasions for the use of them may
arise, and for repairs of the instruments, as needed.

Honihelibrany——one, year =. 2-222 eek De ee he Bh 30,000

$10,000 for first supply ; $20,000 for a fund for an income
of $1,200 a year, for a constant supply of new works and
periodical publications upon science in other parts of the
world, or in America.

Estimate for a fund, from the income of which $1,800 a year
shall be defrayed—the expense of the yearly publication of the
observations, and of a nautical almanac—one year_-____-_~- 30,000

John Q. Adams to Christopher Hughes.

WASHINGTON, April 10, 18389.

Drax Sir: I wish to obtain information upon the following points rela-
ting to the royal observatory at Greenwich :

1. By whom, and at whose expense, was the royal observatory at Green-
wich built? At whose expense is it maintained ?

2. What are the buildings connected with it, and how much land is there
around it belonging to it ?

3. Has it at any time been rebuilt, or has its construction been in any-
wise altered ?

4. By whom is the astronomer royal appointed and paid? What is the
amount of his compensation ?

5. What are his duties? and in what manner are they prescribed? Is
there a standing instruction to regulate his observations? Is he required
to make reports? and, if so, to whom?

6. Are there any other persons attached to the observatory as assistants,
calculators, or servants? If so, what are their duties and their compensa-
tion ?

7. What are the instruments used at the observatory? By whom, and
_at whose expense, are they furnished? What was their cost, and by whom
were they made? A list of them, with their prices, and their maker’s
mame, would be very acceptable.

/

230 CONGRESSIONAL PROCEEDINGS.

8. Is there any library belonging to the establishment? If so, consist-
ing of what books?

9. Who is now the most eminent mathematical and astronomical instru-
ment maker in London? Is there any successor to Troughton ?

If you can obtain me any information of the same, or similar particulars
with regard to any of the public observatories in any part of the continent
of Europe, I shall owe you another obligation for the communication of
them.

I am, my dear sir, with the highest esteem and respect, your friend and
servant,

JoHn Q. ADAMS.

CHRISTOPHER HuGHESs, Esq.

Answers by the Astronomer Royal, the Rev. George B. Airy, to Mr. Adams’
questions, dated 10th April, 1839.

1. The royal observatory at Greenwich was built, at the expense of the
Government, in the reign of Charles II, (about 1670,) and the buildings
have always been repaired or extended at the expense of the Government.
The instruments used by Flamsteed, the first astronomer royal, were not
furnished by the Government, and were taken away by his executors.
Since that time, the instruments have always been furnished by the Govy-
ernment, except in two instances where instruments have been presented.
The observations are now printed at the expense of the Government.
Thus every expense connected with the observatory is defrayed by the
Government. The observatory was at first connected with the ordnance
department of the executive, (I believe from the accidental circumstance
that Sir Jonas Moor, the personal friend of Flamsteed, and one of the
original proposers of the observatory, was then master-general of the ord-
nance.) In the year 1816 or 1817 it was transferred to the admiralty de-
partment. The estimates for the annual expense of the observatory are
inserted under the ‘scientific branch’’ of the admiralty account in the
Parliamentary estimates, and are voted annually by Parliament.

In the original institution of the observatory, no provision was made for
the printing of the observations, or for the communication of the results to
the public in any way, and no obligation to that effect was imposed on the
astronomer royal. When Flamsteed had held the office about thirty years,

and had published nothing, the Royal Society applied to the Queen to ap- ~

point a board of visitors (one of them being Sir Isaac Newton, the Presi-
dent of the Royal Society) to superintend the observatory generally, and
with power to require a publication of the observations. (For a full detail
of the quarrel which followed, I would refer to Baily’s Account of the Life
§c., of John Flamsteed, which may probably be found in the libraries of
the scientific bodies in America.) An edition of the observations was
printed by them; but another edition was afterwards printed by Flamsteed
himself. Halley, the next astronomer royal, printed nothing of observa-
tions. Bradley and Bliss left manuscripts; but the right of the Govern-
ment to them was disputed, and they were ultimately printed by the Uni-
versity of Oxford. It was not till 1767, on Maskelyne’s accession, that the
King, (George III,) on the petition of the Royal Society, ordered that the
observations should be printed annually ; and since that time there has
been no doubt that the observations are the property of the Government,
and are to be printed annually.

The board of visitors above alluded to existed without alteration (as I
believe) till 1880; and it was by that board (as I imagine) that representa-
tions were made to the Government which led to the purchase of instru-
ments in Halley’s time, to the regular printing of the observations in Mas-
kelyne’s time, &c. The president and council of the Royal Society, (or

TWENTY-SIXTH CONGRESS, 1839-41. 231

part of them,) with a number of persons invited by them, either fellows of
the society or strangers, met once a year at the royal observatory, inspected
the instruments, and discussed the general business of the observatory.
They had, I believe, no power, except to recommend measures to the ex-
ecutive. The meeting was rather numerous. In 1830 the old board was
abolished, and a new one appointed, by name, from the Royal and Astro-
nomical Societies.* Vacancies are filled up by the president of that society
in which the vacancies occur. This board has no power to invite asses-
sors ; its powers, as to making representations, &c., are the same as those
of the old board. On the first appointment of the new board, there was
exhibited in it a rather vexatious spirit towards the then astronomer royal,
(Mr. Pond.) Since my appointment as astronomer royal, the board has
scarcely interfered in any thing, except in matters which I have myself
suggested.

The visitors receive no pay. Lately it has been ordered that their bare
expenses be paid.

I have given a rather comprehensive answer to No. 1, touching upon the
subjects of other questions, and embracing points not at all alluded to in
the questions, because, probably, there is no other active institution whose
history serves so well to suggest the points to which attention ought to be
given in founding a new institution of similar character, as well as the
amount of the charges which, in future years, may be required in all the
branches of the institution.

l omitted to mention that the astronomer royal’s account of disburse-
ments, and bills for expenses of all kinds connected with the observatory,
were formerly audited by the board of visitors. This audit was found to
be insufficient ; and the accounts are now transmitted, in the same way as
those of any other department under the admiralty, to the Government
offices.

2. For a plan of the building first erected, I refer again to Baily’s Ac-
count, fc., cited above. There were a small house, one large room above
it, covering nearly the whole house, with lofty windows on all sides, in-
tended, 1 suppose, for gazing astronomical observations, (but quite useless
for the purposes of modern astronomy,) a garden or lawn about 80 feet
square, and a small low building in one corner of it, in which Flamsteed’s
really useful instruments were placed. The place was very small. The
situation, in the middle of the royal park of Greenwich, has probably pre-
vented the necessity for enclosure so large as would elsewhere be required,
inasmuch as it was impossible that houses could be built close to the en-
closure. The history in Halley’s time is so defective, that I am not certain
whether tlre building, which is to this time the principal observing build-
ing, was erected then or not, but I should think that it was; it was cer-
tainly erected before 1750, when Bradley’s regular observations begin. It
consists of a room about 20 feet square for the transit, and a similar room
for the quadrants, (both on the ground floor, and with no rooms above
them,) andacentral computing room, with room for an assistant above.
It is not connected with the dwelling house. When this was erected, the
enclosure was nearly doubled. In Dr. Maskelyne’s time, two small de-
tached rooms were covered with revolving domes, for equatorial instru-
ments; their situation is particularly unfavorable. In the beginning of
Dr. Maskelyne’s time, the dwelling house was extended. About the end
of Dr. Maskelyne’s time, the observing building was extended, in prepa-
ration for a mural circle, which was not erected till after his death, and
some new buildings were erected for library, &c., and for assistant’s apart-
ments; a building was erected, to be covered with a revolving dome, (called

* With a few official persons, as the presidents of the two societies, two profes-
sors of the University of Oxford, and two professors of the University of Cam-
bridge, ex officio; the whole number of the visitors being about nineteen. This
fluctuates, because all ex-presidents are members of the board.

232 CONGRESSIONAL PROCEEDINGS.

the south dome;) an addition was made to the enclosure. The whole en-
closure was now about half an acre; it covered the whole of the small
steep hill on which the observatory stands, quite to the isthmus or neck
that connects it with the table land of the higher side of the park. About
1817, part of the steep dell behind the hill was enclosed as a garden for
the astronomer royal. In 1837, part of the table land beyond the dell was
enclosed, for the erection of a magnetic observatory. The dwelling house,
which was too small, was enlarged in 1836. Thus the present state of the
buildings and grounds (1839) is nearly as follows: Whole enclosure about
2} acres, of which 1 acre, or more, can never be available for buildings, on
account of the steepness of the ground, and is used as a garden and waste
ground. Whole set of buildings: 1. Dwelling house of the astronomer
royal, with the great room above part it; 2. Two domes, (east and west
domes,) detached ; 3. Detached range of buildings, including Flamsteed’s
small room, the quadrant room, (not used now,) the transit room, the circle
room, the library, the chronometer room, the south dome, the computing
room, some assistants’ apartments, (not for their dwelling, but for their
comfort or repose in the intervals of observation;) 4. Magnetic observa-
tory, detached ; 5. Carpenter’s shop, gardener’s shop, and other out-houses.

The extent of ground would not be sufficient, if there were not the safety
from being surrounded by buildings, which is given by the locality within
a royal park.

8. The construction of the observatory has been altered almost entirely,
by additions ; nearly the whole of the original work remains. The collec-
tion of buildings is now exceedingly irregular, and in some respects incon-
venient.

4. The astronomer royal is appointed by the First Lord of the Treasury ;
but his connection with the admiralty is so close, that the First Lord of the
Admiralty probably has the principal influence in his appointment. He
holds his office by warrant, under the sign manual of the sovereign. The
salary was formerly £100. Bradley and Bliss both held it with professor-
ships at Oxford ; but the salary has gradually been raised, and is now £800,
(subject to a deduction for a fund for superannuation,) and it is expected
that the astronomer royal shall hold no other office.

5. The duties of the astronomer royal are not very definite; but, un-
doubtedly, he is to attend to the main points of astronomy, to the best of
his judgment, rather than to anything of a discursive nature. The appoint-
ment originated in the desire of discovering means of finding the longi-
tude at sea; and, therefore, anything applying to longitude would speci-
ally require bis attention. In this way the trials of chronometers first
became a part of his duty ; from which, by degrees, it arose, that the care
and regular supply of chronometers for the royal navy were imposed upon
him, to the great injury of the astronomical efficiency of the observatory.
Lately, the chronometer business has been confined to rating the chronom-
eters on trial for purchase, or navy chronometers brought on shore, with
occasional supplies of chronometers to ships by direction of the admiralty,
and with general superintendence of the repairs.

The duties are prescribed: first, by the Queen’s warrant, which merely
directs the astronomer to apply himself with diligence to observing the
heavenly bodies, for finding out the so-much-desired longitude at sea; (the
same words as in the warrant originally given to Flamsteed;) second, by
the official instructions given by the admiralty board, (who have been em-
powered to issue instructions by the Queen in council,) which enter a little
more minutely into the duties, but necessarily leave the course of astro-
nomical observations very indefinite.*

The board of admiralty sometimes call on the astronomer royal for a

*The board of visitors are empowered by their warrant, under the royal sign
manual, to direct the astronomer royal to make such observations as they may
think fit: but 1 am not aware that they have ever exercised this power.

}
|

TWENTY-SIXTH CONGRESS, 1839-41. 233

report, but it is rather upon such matters as the state of the buildings and
instruments, the conduct of the assistants, &c., than upon the nature of the
astronomical observations.

I have myself introduced the rule of reading a report to the board of
visitors at their annual meeting at the observatory, applying as well to the
astronomical labors as to the general occurrences at the observatory ; and
this report they have, each year, ordered to be printed. (Copies accompany
this paper.) If this custom be continued, there will, probably, be found a
re complete series of annals of the observatory than has hitherto ex-
isted.

- 6. Besides the astronomer royal, there are six assistants, and a laborer,
and a watchman ; also a gate porter, (some old sailor from Greenwich hos-
pital.) The duties of the assistants are, to observe, and compute, eutirely
under the direction of the astronomer royal. None of these persons reside
within the precincts of the observatory, or even within the park, They
find houses for themselves, from the salaries mentioned below, (part of the
salary being considered as compensation for want of dwelling-house. )

The salaries are: first assistant, £350; second assistant, £220, (in future
instances this is to be £190;) third assistant, £190; fourth, fifth, and sixth
assistants, £130 each; laborer, £43; gate porter, £15 12s.; watchman,
£32 10s.

7. The instruments in use at this time are: a transit instrument, ten feet
long, constructed by Troughton, bought by the Government; price, I think,
£300.

Mural circle, six feet diameter, constructed by Troughton, bought by the
Government; price, I believe, £600.*

Zenith tube, or zenith sector, of small range, for the observation of Dra-
conis only, which passes very near to the zenith of Greenwich ; purchased
by the Government. I know not the price.

The eastern equatorial, or Shuckburg’s equatorial, constructed by Rams-
den; presented by Lord Liverpool.

The western equatorial; a very worthless instrument.

The southern equatorial, or Sheepshank’s equatorial. The object-glass
made by a Parisian artist, (I think by Cauchoix;) presented by the Rey.
R. Sheepshanks; the mounting by Mr. T. Grubb, of Dublin, at the expense
of the Government ; its cost £205.

Several telescopes ; prices unknown—some probably exceeding £100.

Several clocks ; the most expensive cost, I believe, £200.

I ought not to omit that there is machinery for raising a large ball, (five
feet in diameter,) on the top of the house, and dropping it precisely at 1
o’clock every day as a signal by which the chronometers on board the ships
in the river Thames may be rated. It was erected at the expense of the
Government; I know not the cost.

Besides these, there is the magnetic apparatus, yet imperfect ; the expense
hitherto incurred has been £30 or £40.

8. There is a library, covering the walls of a room twenty feet square.
It consists principally of the transactions of societies, of mathematical and
astronomical works, works on the literature of astronomy, nautical astron-
omy, voyages, &c. In these respects it isa very good library. It has been
collected, partly at the expense of Government, and partly from the pres-
ents of private persons and official bodies.

9. The best instrument-makers in London, at the present time, are
William Simms, (successor of Troughton, formerly his partner,) 136 Fleet
street; Thomas Jones, 62 Charing Cross; George Dolland, 59 St. Paul’s
churchyard. Dolland is principally known for his telescopes and optical
instruments; he has had little experience in the construction of large grad-

* Another mural circle. of the same size, constructed by Jones, has lately been
sent from the royal observatory to the Cape of Good Hope.

234 CONGRESSIONAL PROCEEDINGS.

uated instruments. I know no maker who can be considered as successor
to Troughton in originality and boldness of ideas.

The whole annual expense of the observatory to the Government, includ-
ing salaries, additions and repairs to buildings, additions and repairs to
instruments, and printing, exceeds £3,000.

Miscellaneous information relating to other observatories.

1. The observatory at Cambridge was built, partly by private subscrip-
tion, partly by grant from the funds of the university, in 1820, at an ex-
pense of about £20,000. It is maintained at the expense of the university.

That at Oxford, I believe, was built from the funds bequeathed for that
purpose by Dr. Radcliffe.

Those at Edinburgh and Glasgow were commenced by private subscrip-
tion, and afterwards assisted by the Government.

That at Armagh was built from funds bequeathed.

That at Dublin in like manner.

I know not how those of Oxford, Armagh, and Dublin, are maintained ;
but I believe that the salaries of the observers, as well as the general sup-
port and repairs of the buildings and instruments, are defrayed from the
bequests.

2. In the whole of these, (Glasgow excepted, which is not much ad-
vanced,) there is a dwelling-house for the astronomer, and in some there
are dwellings for assistants ; connected in all cases by building under the
same roof, or by enclosed passages, with the observatory.

The enclosure of land about the Cambridge observatory is seven acres.

That at Oxford, a field, perhaps not so large. ;

That at Dublin, about thirty acres.

The new Russian observatory, at Pulkowa, about fifty acres.

3. I do not think that either of the observatories which I have men-
tioned has undergone great alteration. The Cambridge observatory, built
in 1820, has not itself undergone any alteration ; but, on occasions of the

presentation of a large telescope, (20 feet long and 12 inches in aperture,)-

a new detached building was erected for it. I may remark, that the Cam-
bridge observatory was built on a plan architecturally symmetrical; which
arrangement I should deprecate in any new observatory, on account of the
difficulties which it presents to all future alterations.

4. The astronomer at Cambridge is the Plumian professor. This officer
is elected by the trustees of the estate bequeathed by a Dr. Plume, and is
paid by the rent of the estate, amounting to about £300 perannum. When
T was elected to that office in 1827, I represented to the senate of the Cam-
bridge University that this sum was not sufficient remuneration for the
duties of the observatory, and the senate increased the payment to £500 by
annual grant from the funds of the university.

The astronomers at Oxford and Dublin are appointed by the trustees of
certain estates, and are paid from their rents. I believe that the astrono-
mer at Armagh is elected and paid in the same manner.

For the appointment of the astronomer at Edinburgh, the consent of the
Government is necessary. I know not how he is paid.

5. 1 do not think that in any of these instances there is any distinct set
of instructions or definition of duties. At Cambridge, there is a board of
visitors, which meets at least three times in each year at the observatory ;
one of these meetings being attended also by other members of the uni-
versity and strangers. I introduced at Cambridge the custom of reading
a report to the visitors at each regular meeting. The visitors are required
to make a report once a year to the senate of the university.

In instituting a new observatory, it appears to me very desirable that
there should be appointed a body like the board of visitors at Greenwich
and at Cambridge, with power to require reports from the astronomer, and

TWENTY-SIXTH CONGRESS, 1839-41. 235

perhaps to direct him in some degree, and with the duty of reporting to
the governing body.

The visitors of the Cambridge observatory are all members of the senate
of the university. The visitors of the Greenwich observatory are persons
living in different parts of England.

§. At Cambridge observatory there are two assistants and a laborer.

At the Cape of Good Hope, the same.

At Edinburgh, Dublin, and Armagh, I believe one assistant each.

- Their duties are to observe and to calculate, under the direction of the
astronomer.

The salaries of the Cambridge assistants are, I think, £80 each per an-
num, with apartments.

7. The instruments at Cambridge observatory are—

A mural circle, 8 feet in diameter, made by Troughton; price, £1,050.

A transit instriment, 10 feet long, made by Dolland; price, I believe,
£600.

An equatorial 5-feet telescope, made by Jones ; price, about £750; (many
complaints of this price.)

Several small instruments, telescopes, &c.

Three clocks ; one cost £100 to £120.

A 20-feet telescope, presented by the Duke of Northumberland.

At Oxford there are some quadrants, not used; and also a circle, 4 feet
diameter, made by Jones; and an old transit.

At Edinburgh: a mural circle, 4 feet in diameter, made by Simms; and
a transit, made by Repsold, of Hamburgh.

At Armagh: a mural circle, 4 feet in diameter, made by Jones; and a
transit, (maker not known.)

At Dublin: an altitude and azimuth instrument; the vertical circle, 8
feet in diameter, made by Ramsden; and a transit.

I may remark, that, in the construction of instruments, expense may
frequently be avoided by leaving some points to the discretion of the instru-
ment maker. As an instance: when I superintended the equatorial mount-
ing of the 20-feet telescope at Cambridge, I found occasion for a 5-feet circle,
and I directed it to be cast in one piece of bellmetal. It appears to answer
perfectly well. Mr. Simms is quite satisfied with it, and thinks it possible
that it might be made, at still less expense, of cast-iron. Since that time,
Mr. Simms has had, [ believe, two orders for large circles; and when I
have urged him to have each cast in one piece, he has expressed his wish to
do so; but has informed me that his orders were to make them “‘ like the
Greenwich circles,’’ and has therefore considered himself compelled to put
them together in many pieces, in the same way as the Greenwich circles, at
much greater expense than would have been implied in the construction
mentioned above.

G: B. AIRY,

June 8, 1839.

Since writing the answers above, I have received from Mr. Simms the
following list of prices:

The mural circles for Greenwich, Cracow, Brussels, Edinburgh, and
Lucknow, are all of the same dimensions, (six feet in diameter,) and were
all made by Troughton. The price in each case was £735. Mr. Simms
states that at this price there was no profit, (Troughton was wholly regard-
less of profit in constructing these instruments,) and that he would not like
to undertake one for less than £900.

The mural circle for Cambridge, eight feet in diameter, was made by
Troughton, for £1,050.

Troughton was paid for the Greenwich transit £315, which sum did not
include the object-glass. Mr. Simms states that the cost now would be 450
guineas for the instrument complete. Its length is ten feet.

Troughton received for the Brussels equatorial 450 guineas ; but this was
too little ; it ought to have been £600. (I think that the length of the tel-

-

236 CONGRESSIONAL PROCEEDINGS.

escope is five feet; the diameter of the declination circle, three feet; and
that of the hour circle, two feet, or two and a half fect.)
A very good clock for Lucknow cost £80. An inferior clock £28.
G. B. Arry.
June 11, 1839.

Mr. Adams then reproduces the messages of the President and the cor-
respondence between Mr. Rush, the agent of the United States, and Mr.
Forsyth, Secretary of State, concerning the action taken to secure the be-
quest, all of which appears in its proper place.

A motion.-was made by Mr. Munror that 5,000 extra
copies of the report above, made by Mr. Adams, and of the
reports of committees heretofore made, with the other
papers in relation to the subject, be printed for the use of
the members.

House oF REPRESENTATIVES, March 19; 1840.

The following letter from the Secretary of the Treasury,
transmitting statements of moneys invested in the stocks of
the several States, was read and laid upon the table :

TREASURY DEPARTMENT, March 17, 1840.

Sir: This report is submitted in obedience to a resolution of the House
of Representatives of the 9th instant, directing the Secretary of the Treas-
ury to furnish “a statement of all the public moneys of the United States
invested in the stocks of the several States, specifying the amount invested
in the stocks of each State; the authority by which each investment was
made; the terms, and rate of interest, of each contract; the security re-
ceived for the payment of interest and principal of each debt; the rate per
centum given in the purchase of the bonds; and the market value of the
bonds at the times of the respective investments, and at the present time: ’’
I have the honor to state that this department is not aware that any ‘of
the public moneys of the United States,” held in their own right, are ‘ in-
vested in the stocks of the several States.’’ But some of the moneys held
in trust by the United States have been invested in such stocks, either by
agreement with those possessing the legal title, such as treaty stipulations
with Indian tribes; or by authority of acts of Congress, such as that of the
7th of July, 1838, concerning the moneys received on account of the
Smithsonian bequest.

* % i % tt *

There are no means here for ascertaining the market value of the State
stocks at any particular time with accuracy. Sales of such stocks are rarelv
entered in the reports of stock operations at the boards of the brokers in the
principal cities ; and extensive and tedious correspondence would alone en-
able me to give a near approximation to their worth at the periods of these
numerous purchases. On examination of the files of a New York price
current, from 1836 to the present date, (being the only paper quoting the
price of stocks preserved in this department,) not one-fourth of the State
stocks held here could be found, and not a single quotation at the time the
bonds were purchased. But all of the stocks purchased here were obtained
at the lowest price they could be had at the time, it having been an invaria-
ble rule, when funds were received which the department was authorized
to invest, to address letters to such persons in the principal cities as were
supposed to have stocks for sale, notifying them of the fact, and allowing
time to receive their offers; after which, a contract was made for such as
were offered on terms found to be most advantageous for the trust, having
regard, in determining that fact, to the interest the stock yielded, and the

TWENTY-SIXTH CONGRESS, 1839-41. 237

length of time before its maturity. The price given, the par value, the
rate of interest, and the authority for each purchase, will appear in the
tables annexed.

In respect to the security for the payment of the interest and principal
of the stocks, none other was asked beyond the guaranty of the respective
States in the acts authorizing the issue of the stocks.

Lam, respectfully, your obedient servant,
Levit Woopsury,
Secretary of the Treasury.
Hon. R. M. T. HuntEr,
Speaker of the House of Representatives.

Statement of the moneys invested in State stocks held in trust by the Treasury
Department, showing the time of the respective investments; amount in-
vested in the stocks of each State; rate of interest on bonds in each contract ;
rate at which stock was purchased; and authority by which each invest-
ment was made, Sc.

qe | wae
es Bo Src
a ‘2 as Ons: >
ene Were Amount invested in the aia § ip 2
eiarita: stocks of each State. Sean a 3S
2.6.8 2332
a 5 eS a BR
| out
x * % * % % x x x x
1838, September _| $500,000 00 Arkansas bonds.. 6 99,3;
November - 8,000 00 Michigan bonds_ 6 100
December_-_ 10,000 00 Arkansas bonds_ 6 100
1839, July --.___ 13,000 00 Arkansas bonds- 6 987
1840, February--| 26,000 00 Lllinois bonds___ 6 73
pie

Authority by which the investments were made—Act of July 7, 1838,
authorizing the investment of the Smithsonian bequest.

Security received for the payment of interest and principal of each debt—
Guaranty of the State.

Market price at the time of purchase—No means of ascertaining accu-
rately.

Moaket price at the present tume—No means of ascertaining accurately.

TREASURY DEPARTMENT, March 16, 1840.
Hous or REPRESENTATIVES, March 23, 1840.

Mr. Monror moved the following, which was read and
laid on the table one day, under the rule:

Resolved, That 5,000 additional copies of the report on the Smithsonian
bequest be published for the use of the members of this House,

Mr. Tonanp moved that 4,000 extra copies of the report
of the select committee on the Smithsonian bequest be
printed for the use of the members.

238 CONGRESSIONAL PROCEEDINGS.

PROCEEDINGS IN THE SENATE.

Senate, Mebruary 10, 1841.

Agreeably to notice, Mr. Linn asked and obtained leave
to bring in a bill (8S. 245) to appoint trustees for the invest-
ment of the Smithsonian fund; which was read the first and
second times, by unanimous consent, and referred to the
Committee on the Library.

The bill is as follows:
[S. No. 245.]

A BILL to appoint Trustees for the investment of the Smithsonian fund.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Secretaries of the State,
the Treasury, the War, and the Navy Departments, the Attorney General,
and the Postmaster General, be, and they are hereby, constituted trustees
of the Smithsonian fund, with power to invest thesame in safe public funds,
and to change said investment when, in their judgment, it may be desir-
able: Provided, however, That said trustees shall, under no circumstances,
diminish or expend the principal of said fund; but that all expenses of in-
vestments of said fund, or for other purposes, as provided by law, shall be
paid out of the interest which has accrued, or which may accrue, from said
fund.

Suc, 2. And be it further enacted, That said trustees shall have power to
appoint a treasurer and secretary to the board of trustees, who shall give
bond in the penal sum of dollars for the faithful performance of
his duties, and shall be removable from office at the pleasure of the board
of trustees, and shall be entitled to receive a compensation for his services
not exceeding dollars per annum. The said treasurer and secre-
tary shall perform his duties under the direction of the board of trustees,
and shall render his accounts quarterly to the Treasury Department The
proceedings of said board shall be reported annually to Congress; and
their transactions, books, and papers, shall be open to such investigations,
and the board shall answer such inquiries, in relation to their official action,
as Congress, or a resolution of either House, shall from time to time direct.

Src. 8. And be it further enacted, That the Smithsonian Institution shall
consist of one superintendent, who shall receive a compensation of
dollars per annum, and six professors, each of whom shall receive a com-
pensation of dollars per annum. The foregoing named officers
to be appointed in the following manner: the National Institution for the
promotion of science, established in the city of Washington, shall nominate
said officers to the President, to be, if approved by him, submitted to the
Senate for its advice and consent. The said superintendent and professors
shall hold their offices during the term of four years, and perform such
duties as shall be designated by the said National Institution. The said
institution shall also prescribe the duties of such officers, as it may find
necessary to appoint, for the preservation of the buildings, grounds, and
other property belonging to the institution: Provided, however, That no
greater number of such officers shall be appointed, than shall be approved
by the President of the United States, and at no higher compensations,
than he shall approve: And provided, also, That all contingent expenses
necessary in the execution of the duties of said officers, shall be approved by
the Secretary of State, and the President of the aforesaid National Insti-
tution.

TWENTY-SIXTH CONGRESS, 1839-41. 239

Suc. 4. And be it further enacted, That the land owned by the United
States, in the city of Washington, situated
and known by the name of the Mall, be, and the same is
hereby, appropriated for the uses of the Smithsonian Institution. The
buildings for said institution shall be erected thereon, and in which shall
be preserved the philosophical instruments, apparatus and collections,
necessary to promote the objects of the institution. And all collections of
works of art and of natural history, owned by the United States, not other-
wise assigned, shall be deposited in said buildings; and for the transporta-
tion and arrangement of the same, the sum of five thousand dollars is here-
by appropriated out of the Treasury of the United States, to be expended
under the direction of the president and directors of the National Institu-
tion: Provided, however, That the grounds, herein assigned to the Institu-
tion, shall be kept open to the public, free from all charge, but under such
regulations as the preservation of the property shall require: And provided,
also, That the plan of the buildings herein authorized, shall be prepared by
the National Institution, and shall be submitted to the President of the
United States, and upon receiving his approbation, shall be erected under
the superintendence of the National Institution ; the said buildings, collec-
tions, and grounds, shall be under the general supervision of the National
Institution.

Senate, Kebruary 17, 1841.

Mr. Preston from the Committee on the Library, to
whom was referred the bill (8S. 245) to appoint trustees for
the investment of the Smithsonian fund, reported it without
amendment; and, also, the following bills, as substitutes
therefor :

S. 258. Bill to incorporate, within the District of Colum-
bia, the National Institution for the promotion of science.

S. 259. Bill to invest the proceeds of the Smithsonian
fund, and to establish the Smithsonian Institution; which
were severally read, and passed to the second reading.

The bills are as follows:
[S. No. 258.]

A BILL to incorporate, within the District of Columbia, the National
Institution for the Promotion of Science.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That Joel R. Poinsett, James K.
Paulding, John Quincy Adams, John J. Abert, Joseph G. Totten, A. O.
Dayton, Francis Marcoe, Levi Woodbury, William Cranch, Henry D.
Gilpin, William J. Stone, and others, composing the association in the Dis-
trict of Columbia denominated the National Institution for the Promotion
of Science, and their successors duly elected in the manner hereinafter men-
tioned, be, and they are hereby, constituted and declared to be a body
politic and corporate, by the name and title of the National Institution for
the Promotion of Science, in the District of Columbia, with all rights and
privileges of corporate bodies, not repugnant to the constitution of the
United States, or the laws of the District of Columbia, and in conformity
with the following rules and regulations :

Article first. This society shall be named ‘ The National Institution for
the Promotion of Science.’’

Article second. It shall hold its meetings at the city of Washington.

240 CONGRESSIONAL PROCEEDINGS.

Article third. It shall be composed of resident, corresponding and hono-
rary members.

Article fourth. The resident members shall be persons residing in the’

District of Columbia; corresponding members shall be persons residing out
of the District of Columbia, who wish to aid the institution by their con-
tributions or communications; and the class of honorary members shall be
composed of eminent men residing out of the District of Columbia.

Article fifth. Resident members removing from the District of Colum-
bia, shall, on request, be transferred to the list of corresponding members,
and vice versa; but any corresponding member may, at his option, be
recorded and considered a resident member.

Article sixth. The officers of the institution shall consist of a president,
vice-president, twelve directors, a treasurer, a corresponding, and a record-
ing secretary: Provided, That no member shall hold more than one of the
offices created by this article at the same time, but, that an acceptance of
one, shall be construed as refusal of all others.

Article seventh. The officers shall constitute a board of management of
the fiscal concerns of the institution; and any five members of the board
shall be a quorum for the transaction of ordinary business.

Article eighth. The secretaries of the departments of State, Treasury,
War, and Navy, and the Attorney General, and Postmaster General of the
United States, for the time being, shall, with their consent, be directors of
the institution; but, upon the refusal of one or more of them to accede to
the request of the institution, such director or directors shall be chosen in
the same manner as herein provided for the appointment of other officers.
The officers shall be elected for the term of one year, or until their success-
ors shall be appointed, from among the resident members of the institution.
This election shall take place at the annual meeting; and each member,
who is duly qualified, and shall be present at such meeting, shali have a
vote in said election.

Article ninth. The annual meeting shall be held on the first Monday in
each year, or as soon thereafter as may be convenient; the stated meetings
on the second Monday in each month, and special meetings whenever five
resident members shall concur in a request to that effect.

Article tenth. The president, vice-president, or, in their absence, one of
the directors, in order of seniority, as named in article eighth, shall pre-
side at all meetings of the institution; or if neither of these members be
present, the meeting shall elect its own chairman.

Article eleventh. The election of members shall be by ballot; the candi-
date being nominated to the corresponding secretary, in writing, at least
one week before the meeting when he is so balloted for, and proposed by any
three directors of the society.

Article twelfth. Resident members shall, on admission, subscribe the
constitution of the institution, and pay to the treasurer five dollars each,
and annually thereafter, on the first Monday in January, five dollars each ;
to aid in defraying necessary expenses, and for such other purposes as the
board of management may direct. :

Article thirteenth. No resident member shall vote at any stated, or other
meeting of the institution, on any question whatever, who has not paid his
subscription and annual dues, or who shall not have attended a meeting of
the institution within one year previous to such meeting.

Article fourteenth. The resident and corresponding members shall
exert themselves to procure specimens of natural history, and so forth; and
the said specimens shall be placed in the cabinet, under the superintendence
of a board of curators, to be appointed by the directors. All such speci-
mens, and so forth, unless deposited specially, shall remain in the cabinet ;
and, in case of the dissolution of the institution, shall become the property
of the United States.

Article fifteenth. The resident members of the institution shall be divided
into such departments as may hereafter be determined upon. The members

TWENTY-SIXTH CONGRESS, 1839-41. 241

composing each department shall especially be charged with the subjects
embraced therein, and communicate to the institution the result of their
inquiries ; but every member shall have the privilege of making such com-
munications, as he may think proper, on any subject connected with the
designs of the institution.

Article sixteenth. The various collections of the institution shall. be
placed in the apartments which may be designated for that purpose by a
majority of the directors.

Article seventeenth. This constitution, with the exceptions of articles
six, eight, ten, fourteen, and sixteen, or sv much thereof as relates to the
oftice of directors, their duties, privileges, or powers, or the purposes or
place of keeping of the collections of the institution, shall be subject to al-
terations and additions at any meeting of the institution: Provided, Notice
of a motion for such alteration or addition shall have been given and
recorded at a preceding regular meeting: And provided, further, That no
alterations or amendments shall ever be made in the above referred to arti-
cles without the consent of a majority of the directors.

Article eighteenth. A code of by-laws for the regulation of the business
of the board of management, and the annual and other meetings of the in-
stitution, and for matters relating to non-attendance, privileges, duties of
officers, and so forth, shall be prepared by a committee to be appointed for
that purpose.

Article nineteenth. All persons present at the adoption of this constitu-
tion shall, if desirous of becoming members of the institution, sign the
same as evidence of such desire, and in proof of such membership; and all
members subsequently admitted shall sign the same at the first meeting of
the society which they may attend after such admission.

Article twentieth. The institution shall have power to appoint curators
and others for the preservation and arrangement of the collections.

[S. No. 259.]

A BILL to invest the proceeds of the Smithsonian fund, and to establish
the Smithsonian Institution.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Smithsonian Institution
shall consist of one superintendent, with a compensation of dollars
per annum, and not exceeding six professors, with compensation to each of

dollars per annum, with such number of curators and assistants as
may be found necessary: Provided, The number of, and the compensation
to, the curators and assistants shall be approved by the President of the
United States; all these officers to be elected by the board of management
of the National Institution for the Promotion of Science, established at
Washington, and according to the form and manner prescribed for the
electing of officers of that institution; but the election of professors shall
not be made, until the buildings are prepared for them to enter upon their
duties.

Suc. 2. And be it further enacted, That the officers of the National Insti-
tution for the Promotion of Science, together with the superintendent of
the Smithsonian Institution, shall constitute a board of management of the
interest of the Smithsonian fund; and shall have power to plan and erect
the necessary buildings, to lay out the grounds, to preserve and repair the
same, to procure the necessary books and philosophical instruments, to ar-
range the collections, to prescribe the duties of the professors and others
belonging to the said Smithsonian Institution, and to establish regulations
for the preservation of the property, and for a proper exhibition of the
same: Provided, however, That no regulation shall exact a fee from any
visitor: And provided, That nothing in this act shall be so construed as to
prevent any member of the National Institution for the Promotion of
Science, from being an officer of the Smithsonian Institution.

16

942 CONGRESSIONAL PROCEEDINGS.

Src. 8. And be it further enacted, That the said board of management
shall have power to appoint a treasurer and secretary, who shall be entitled’
to a compensation of dollars per annum, who shall give bond, in the
penal sum of dollars, for the faithful performance of his duties,
which duties shall be prescribed by said board; but he shall render the
accounts of his expenditures quarterly to the accounting officers of the
Treasury Department; and the said board shall report its proceedings in
detail annually to Congress, or oftener, if required.

Src. 4. And be it further enacted, That all works of art, and all books
relating thereto, and all collections and curiosities belonging to the United
States, in the possession of any of the executive departments, and not nec-
essarily connected with the duties thereof, shall be transferred to said insti-
tution, to be there preserved and arranged.

Sec. 6. And be it further enacted, That the interest which has accrued on
the Smithsonian fund, be, and the same is hereby, appropriated, for the
purpose of carrying into effect the provisions of this act; and that the
ground owned by the United States, and designated in the plan of the city
of Washington as the mall, be, and the same is hereby, appropriated for the
buildings and use of the Smithsonian Institution, and the National Insti-
tution ; and the same shall be under the superintendence of the board of
management of the National Institution.

SENATE, September 3, 1841.

The bill from the House of Representatives, to repeal the
sixth section of the act entitled An act to provide for the
support of the Military Academy of the United States for
the year 1838, and for other purposes, passed July 18, 1838,
and to prohibit any investment of the funds of the United
States in stocks of the several States, was read twice; and,
on the question of reference coming up.

Mr. Sevier said this bill was one of a most extraordinary
character. It was to repeal existing contracts, and to violate
treaty stipulations with the Indians, without their consent.
He moved to lay the bill on the table.

Mr. Preston appealed to the Senator to withdraw his
motion; he was disposed to entertain a similar opinion of
the bill, but thought it more respectful to the House to
refer it to a committee. He would therefore move to refer
it to the Committee on Finance.

Mr. Sevier said, if it was to be referred at all, it ought
to be referred to the Committee on Indian Affairs.

Mr. WALKER concured in this view.

Mr. Woopsury made some remarks, to the effect that the
bill could be only prospective in its character, and would
have no effect on existing contracts.

Mr. Cauuoun said this bill involved questions of an im-
portant character, which, it was very evident, would require
more time for their consideration than could be devoted to
them at the present session. He would therefore move to
lay the bill on the table.

i Pcs:

TWENTY-SIXTH CONGRESS, 1859-41. 243

The motion was negatived.

Mr. Sevier then moved its reference to the Committee
on Indian Affairs. Lost.

The motion of Mr. Preston was then agreed to, and the
bill referred to the Committee on Finance.

Senate, September 8, 1841.

Mr. Evans, from the Committee on Finance, reported,
with an amendment, the bill from the House to repeal the
sixth section of the act for the support of the Military
Academy at West Point for 1838, and to prohibit the in-
vestment of trust funds of the United States in the stocks
of the several States.

The Senate proceeded to consider the same, and the bill
was amended, so as to strike out all after the enacting
clause, and insert:

‘‘ That so much of the sixth section of the act to provide for the support of
the Military Academy of the United States for 1838 as requires the Secre-
tary of the Treasury to invest the annual interest accruing on the invest-
ment of the money arising from the bequest of the late James Smithson, of
London, in the stocks of the States, be, and the same is hereby, repealed ;
and the Secretary of the Treasury shall invest said accruing interest in any
stock of the United States, bearing a rate of interest not less than five per
cent. per annum.’’

Mr. Sevier made some observations in relation to the
amendment not distinctly heard in the gallery.

Mr. Evans remarked that the repeal affected that portion
only of the bill of 1838 which related to the itivestment of
the funds of the institution, and accruing interest in State
stocks; the investment to be changed to United States
stock,

Mr. CaLuoun requested the bill and amendments would
be read.

The bill was then read.

Mr. Catuoun wished to know what was to be done with
the funds when there was no United States stock to be:had?
If all authority to invest them and the accruing interest in
other stocks was repealed, and there should be no United
States stock in the market, or in existence, what was to be
done with the money? ;

Mr. Evans replied that all that had been taken into con-
sideration in committee, and it was the unanimous impres-
sion that there would be a sufficient supply of United
States stock in existence for the next three years at least,
and tbat no difficulty could arise in that way. If, however,
any difficulty of that nature should arise, provision could
be made by Congress in time to meet it.

244 CONGRESSIONAL PROCEEDINGS.

Mr. Linn considered the whole thing as a direct attack
upon the credit of the States. Here was an act of Con-
gress, implying on the very face of it a discredit of State
stocks. Was not this calculated to depress State stocks,
both in the home and foreign markets ?

Mr. Evans observed that it was the standing of the State
stocks in those markets which had called for the amend-
ment of the act of 1838.

Mr. Linn called the attention of the Senate to this fact;
that the Democratic party, during the last political struggle
of the party now administering the Government to get
into power, had been slandered, vilified, and abused, with
the most unfounded charges of designs to discredit the
States of this Union. The Democratic party had been de-
nounced from one end of the Union to the other for havy-
ing prostrated the whole credit system. They were pro-
nounced traitors to their country, and a continued stream
of vituperation was poured out upon them from June, 1839,
to the close of the Presidential election, with a view of
enlisting the prejudices of every one connected with State
stocks against the’ continuation of the Democracy in power.
Yet, what spectacle do we now see presented to the coun-
try? What but that to be expected from the Whig party,
which had so notoriously proved to the world that their
professions out of power were one thing, and their per-
formances in power quite another and a different thing?
Now that they have the first opportunity, they offer the
most outrageous, treacherous, and fatal stab to the State
stock credit system, that ever was attempted by any rep-
resentatives of the people or the States. But he was glad
the gentleman had shown the true character of their pro-
fessions contrasted with their performances.

Mr. Woopsury considered there were other things which
ought to be taken in view. Besides the fatal stab thus
offered to the credit of State stocks, the institution itself
might be deprived of the advantage of investing its funds
in stock no less secure than United States stock, though
for temporary causes depreciated, but sometimes yielding
an opportunity of purchase at 60 or 65, when United States
stock might be at more than 100.

Mr. Cuay said the relation between the Government and
the States, of the latter being debtors to the former, ought
always to be avoided; for what means could be used to
coerce the States if they refused to pay? We had stocks
of our own, in which this trust fund of the Government
could be invested. He should prefer the adoption of this

TWENTY-SIXTH CONGRESS, 1889-41. 245

principle, that in all cases of trust funds an account should
be opened with the Government of the United States, and
that the fund should be held in the Treasury and it pay an
annual interest on it, until its object was accomplished.
He regarded this Smithsonian fund as a sacred trust which
the Government would be bound to restore if it should
ever be lost; and that being the case—the Government
being responsible for them, it would be better that they
should remain in the Treasury, under our charge.

Mr. Tappan was understood to concur in this opinion;
and after some further remarks by Messrs. Woopsury,
CaLHouN, and Sevier, the amendment was engrossed, the
bill read a third time, and passed.

On motion of Mr. Evans, its title was amended so as to
be in effect, ‘an act to repeal a part of the sixth section of
the act for the support of the Military Academy of the
United States for 1838, and for other purposes.”

PROCEEDINGS IN THE HOUSE OF REPRESENTATIVES.

Hous ofr REPRESENTATIVES, September 2, 1841.

Mr. FILuMorE, from the Committee of Ways and Means,
to whom resolutions. of instruction had heretofore been
referred, reported a bill to repeal the sixth section of the
act entitled an act to provide for the support of the Military
Academy of the United States for the year 1838, and for
other purposes, passed July, 1838, and to prohibit any in-
vestment of the funds of the United States in stocks of the
several States; which was read twice.

The section proposed to be repealed is as follows:

“Src. 6. And be it further enacted, That all the money arising from the
bequest of the late James Smithson, of London, for the purpose of found-
ing at Washington, in this District, an institution to be denominated the
Smithsonian Institution, which may be paid into the Treasury, is hereby
appropriated, and shall be invested by the Secretary of the Treasury, with
the approbation of the President of the United States, in stocks of States,
bearing interest at the rate of not less than five per centum per annum,
« which said stocks shall be held by the said Secretary in trust for the uses
specified in the last will and testament of said Smithson, until provision is
made by law for carrying the purpose of said bequest into effect; and that
the annual interest accruing on the steck aforesaid shall be in like manner
invested for the benefit of said institution.”

Mr. Fitimore asked, that as the bill contained no appro-
priation, and need not therefore be committed, it be put on
its third reading now.

The bill was read a third time and passed.

246 CONGRESSIONAL PROCEEDINGS.

Hovust oF REPRESENTATIVES, September 9, 1841.

On motion of Mr. Apams, the House took up the bill
providing for the repeal of so much of the sixth section of
the Military Academy act of 1838, as provides for the invest-
ment of the Smithsonian funds in State stocks; and the
Senate amendments thereto were amended in several
respects, and the bill was returned to the Senate.

House oF REPRESENTATIVES, September 10, 1841.

The House proceeded to the consideration of the message
from the Senate in relation to the amendments of this
House to the amendment of the Senate to the bill No. 34,
entitled “An act to repeal the sixth section of the act
entitled ‘ An act to provide for the support of the Military
Academy for the year 1838, and for other purposes,’ and to
prohibit the investment of the funds of the United States
in stocks of the several States,’ when it was

Resolved, That this House concur in the amendment of
the Senate to the first amendment of this House to the
amendment of the Senate to said bill, and recede from their
second amendment to the amendment of the Senate to said
bill, and that the bill do pass accordingly.

A message was received from the Senate in relation to
the amendments of the House to Senate Bill No. 34.

Hovust oF ReprEsENTATIVES, September 11, 1841.

Mr. Ranpo.pu, from the Committee on Enrolled Bills,
reported that the committee had examined the bill repeal-
ing the sixth section of the act of 1838, and had found the
same to be correct, whereupon it received the signature of
the Speaker and the approval of the President.

SEPTEMBER 9, 1841.

Report of 1. Hwing, Secretary of Treasury.
State Stocks held by the Treasury Department, in trust for the Smithsonian

Institution.
Of what States. Amount of Stock, Cost.
Arkansas cee eben oo) soe ose een $500,000 $499,500 00
Arkansas)<32 32) ceeeee ) See 10,000 10,000 00
Amikansds) <1. [Seen yet 2 13,000 12,837 50
Arkansas 223.0 Sees ee 15,000 10,555 00
Dllinoisy= 3. {Usa eee Se a ee Se 26,000 18,980 00 .
Milinois) 2222 pane asus = pul A en 6,000 4,223 00
PANE OIS foe Ae Be a 2 24,000 19,200 00
Michigan _W- 220225 ee 8,000 8,270 67
Ohiop 25525 26 Seek oe ee ee 18,000 16,980 00

$620,000 $600,980 17

TWENTY-SEVENTH CONGRESS, 1841-49. 247
PROCEEDINGS IN THE SENATE.

SENATE, December 7, 1841.
Message of the President, John Tyler.

* * * * Tsuggest for your consideration the propri-
ety of making without further delay, some specific applica-
tion of the funds derived under the will of Mr. Smithson,
of England, for the diffusion of knowledge; and which
have heretofore, been vested in public stocks, until such
time as Congress should think proper to give them a specific
direction. Nor will you, I feel confident, permit any abate-
ment of the principal of the legacy to be made, shouid it
turn out that the stocks, in which the investments have been
made had undergone a depreciation. * * * *

SENATE, December 29, 1841.
On motion by Mr. Preston, ordered that the above part

of the President’s message be referred to the Committee on
Library.—Messrs. Preston, Tappan, Choate.

SENATE, April 11, 1842.
Mr. Preston, from the Committee on the Library, reported
a bill (S. 224,) to invest the proceeds of the Smithsonian

fund, and to establish the Smithsonian Institution. Read
and passed to a second reading.

SENATE, July 18, 1842.
The bill (S. 224) was read the second time, and consid-
ered as in Committee of the Whole. On motion of Mr.
Allen, it was ordered that it lie on the table.

[This bill is the same as S. No. 259, introduced into the Senate by Mr.
Preston, from the Committee on the Library, on February 17, 1841.]

*

PROCEEDINGS IN THE HOUSE OF REPRESENTATIVES.
House or Representatives, December 10, 1841.

Mr. Finumor: offered a resolution for the appointment of a
select committee on the Smithsonian legacy.

Adopted, and Mr. John Quincy Adams of Mass., Mr.
Richard W. Habersham of Georgia, Mr. Truman Smith
of Conn., Mr. Joseph R. Underwood of Ky., Mr. Benja-
mine Randall of Me., Mr. Chas. J. Ingersoll of Penna.,
Mr. Robert M. T. Hunter of Va., Mr. Geo. S. Houston of
Ala., and Mr. Sam’] 8. Bowne of N. Y., were appointed
said committee.

248 CONGRESSIONAL PROCEEDINGS.

Hovst or REPRESENTATIVES, December 15, 1841.

Mr. Wm. Cost Jounson, presented the memorial of sun-
dry citizens of Washington city, praying an early disposition
of the funds of the Smithsonian bequest, in conformity with
the wishes of the donor.

Referred to the select committee on the Smithsonian be-
quest.

Hovst oF REPRESENTATIVES, January 3, 1842.

Resolved, That so much of the message of the President
of the United States as relates to the Smithsonian legacy,
be referred to the select committee on that subject.

HovusE oF REPRESENTATIVES, March 29, 1842.

Mr. Cuas. J. Inaersotn presented a memorial of Richard
Rush, praying additional compensation for his services in
recovering the Smithsonian legacy.

Referred to the committee on the bequest.

Mr. Apams presented a petition of B. Birdsall, of the
State of New York, praying that a part of the funds of the
Smithsonian bequest, be appropriated for the purpose of
awarding annual prizes for the best original essays on the
various subjects of the physical sciences.

Referred to the Committee on the bequest.

The following is the petition :

Your petitioner prays that a part of the funds of the
“ Smithsonian bequest” may be appropriated for the pur-
pose of establishing and awarding a system of annual prizes
for the best original essays on the various subjects of the
physical sciences, useful arts, and abstract mathematics, &c.,
&c., and for such new discoveries in art or science as shall
do honor to the nation; the subjects of the prizes to be given
or proposed by a competent committee.

Your petitioner entertains the opinion that some such
system as the one prayed for would exert a most powerful
influence in favor of science in this country, and would
operate as an excellent stimulant to those who are disposed
to honor their country, in cultivating and promoting those
branches of useful science which serve to work out the dis-
tinction between the savage and civilized state.

For this your petitioner most respectfully prays.

B. BirpsaLu.

Cruinton, February 9, 1842.

TWENTY-SEVENTH CONGRESS, 1841-43. 249

Howser or REPRESENTATIVES, April 12, 1842.

Mr. ApaAms, from the committee appointed December 10,
1841, made the following report, accompanied by a bill (H.
R. 386) which was read the first and second time, and com-
mitted to the committee of the whole House on the State of
the Union:

The select committee, to whom was referred so much of the
message of the President of the United States, at the
commencement of the present session, as relates to the
bequest of James Smithson to the United States for the
foundation and establishment, at the city of Washington,
of an institution for the increase and diffusion of knowl-
edge among men, respectfully submit to the House the
following report :

The seventh year is already considerably advanced in its
course since the then President of the United States, on the
17th of December, 1835, communicated, by message, to
both Houses of Congress the fact of this bequest, with a
copy of the will of James Smithson, in which it was con-
tained; and with the remark that, the Executive having no
authority to take any steps for accepting the trust, “and
obtaining the funds, the papers were communicated with a
view to such measures as Congress might deem necessary.

This message, with its accompanying correspondence and
vouchers, was referred in the Senate to their committee on
the judiciary, a and in the House of Representatives to a
select committee of nine members, both of which commit-
tees reported in favor of the acceptance by Congress of the
bequest, and of assuming, for the people of ‘the United
States, the solemn obligation of preserving inviolate the
fund bequeathed by the testator, and of applying the in-
come derived therefrom faithfully to the purposes prescribed
by him.

Accordingly, on the Ist of July, 1836, a bill which had
previously been passed by both Houses of Congress received
the sanction of the President, authorizing him to appoint
an agent or agents to recover the funds bequeathed by the
will of the testator, and then being in charge of the court
of chancery of Great Britain, | and to deposit the same in
the Treasury of the United States; and the faith of the
United States was, by the same act, expressly pledged for
the faithful performance of the trust assumed by the accept-
ance of the bequest.

An agent was appointed by virtue of this act, who recoy-
ered, by a decree of the court of chancery, a sum, which,

250 CONGRESSIONAL PROCEEDINGS.

on the tirst of September, 1838, was deposited in gold at
the mint of the United States at Philadelphia, amounting
to five hundred and eight thousand three hundred and
eighteen dollars and forty-six cents.

By the sixth section of the act of Congress for the sup-
port of the Military Academy of the United States and for
other purposes, approved on the 7th of July, 1838, it was
provided that all the money arising from the bequest of the
late James Smithson, of London, for the purpose of found-
ing at Washington, in this District, an institution to be
denominated the Smithsonian Institution, which might be
paid into the Treasury, was appropriated, and should be in-
vested by the Secretary of the Treasury, with the approba-
tion of the President of the United States, in stocks of
States, bearing interest at the rate of not less than five per
centum per annum; which said stocks should be held by
the said Secretary in trust for the uses specified in the last
will and testament of said Smithson, until provision should
be made by law for carrying the purpose of said bequest
into effect: and that the annual interest accruing on the
stock aforesaid shall be in like manner invested for the ben-
efit of said institution.

Under the authority and the requisition of this act, im-
mediately after the deposit at the mint of the United States
at Philadelphia of the moneys recovered by the decree of
the court of chancery in England, the Secretary of the
Treasury invested in stocks of the State of Arkansas five
hundred thousand dollars, and eight thousand dollars in
stocks of the State of Michigan, all at the interest of six
per cent.; since which time, by the same authority, $3,800
of the stocks of the State of Arkansas, $3,600 of the State
of [linois, $18,000 of the State of Ohio, have been invested
in like manner, until the 11th of September last, when the
provision of the law which authorized and required the
Secretary of the Treasury to invest the accruing interest on
the principal fund in the stock of the States was repealed,
and he was directed, until Congress shall appropriate said
accruing interest to the purposes described by the testator,
for the increase and diffusion of knowledge among men, to

invest said accruing interest in any stock of the United ~

States bearing a rate of interest not less than five per cent-
um per annum. Under this authority the Secretary of the
Treasury did invest the sum of $1,291.86, at the rate of 5}
per cent. a year—a rate of interest more parsimonious for
the benefit of the Treasury than liberal for the benefit of
this generous and bountiful fand.

TWENTY-SEVENTH CONGRESS, 1841-48. 251

The five hundred bonds, of $1,000 each, of the State of
Arkansas, issued to the Bank of the State of Arkansas, are
not redeemable before the 26th of October, 1860; and the
thirty-eight bonds subsequently issued to the Real Estate
Bank of the State of Arkansas not before the Ist of Janu-
ary, 1861.

The eight bonds of the State of Michigan are not redeem-
able before the first Monday of July, 1858.

Twenty-three thousand dollars of the bonds of the State
of Illinois are not redeemable before the end of 1860; and
thirty-three thousand dollars not before the 1st of January,
1870.

Highteen thousand dollars of the bonds of the State of
Ohio are not redeemable before the 1st of January, 1861.

The sum of one thousand two hundred and ninety-one
dollars and eighty-six cents, due by the United States, is
redeemable at their pleasure after the 31st of December,
1844.

In the bill herewith reported, it is proposed to settle three
fundamental principles for the administration and manage-
ment of the fund in all after time.

1st. That the principal fund shall be preserved and main-
tained unimpaired, with an income secured upon it at the
rate of 6 per cent. a year, from which all appropriations for
the purposes of the founder shall be made.

2d. That the portions of the income already accrued, and
invested in stocks of the States of Arkansas, Michigan, Ili-
nois, and Ohio, shall be constituted funds, from the annual
interest of which an astronomical observator, with four
assistants, and necessary laborers, shall be appointed and
maintained, without expense to this nation, and with a con-
siderable increase of the principal fund and of its annual
income—a principle susceptible of extension to future appli-
cation, which may continually increase at the discretion of
Congress the means and capabilities of the institution to
promote and accomplish the great purposes of the founder.

The establishment of this principle will have the further
advantage of relieving the board of overseers from the
necessity of using the bonds of the States of Arkansas,
Michigan, Illinois, and Ohio, none of which are redeemable
before the year 1858. The annual interest upon them, it —
cannot be doubted, will be hereafter, as it has been hitherto,
punctually paid; and, independent of the faith of the seve-
ral States, respectively pledged to this punctuality, the 4th
section of the act of 4th September, 1841, to appropriate
the proceeds of the sales of the public lands and to grant

252 CONGRESSIONAL PROCEEDINGS.

preémption rights, has furnished to those States the means
of paying punctually, not only the annual interest, but at
the stipulated time the principal itself, of their bonds with-
out bearing upon the people of the States for the pressure
of a single dollar.

The third principle proposed to be made by the bill
fundamental, for the future management of this fund, is,
that no part of the sums appropriated from this fund shall
be applied to any institution of education or religious estab-
lishment. The reasons for this exclusion have been set
forth at large in the document hereto annexed, and which
the committee present as a part of their report. They sub-
mit especially the argument contained in the report made
to this House on the 5th of March, 1840, with confidence
in the opinion that the appropriation of any portion of the
fund to such institutions or establishments, however merito-
rious, could not fail to divert the fund from the real purposes
of the testator.

Annexed hereto are copies of the bonds of the several
States, taken under the requirements of the act of Congress
of 7th July, 1838, and of the United States, taken by au-
thority of the act of 11th September, 1841, with a tabular
statement of the present condition of the funds.

Appendix to report of Mr. Apams:

UNITED STATES OF AMERICA,
STaTeE or ILLINOIS.

$1,000. } Interest six per cent. [ $1,000.
CERTIFICATE OF ILLINOIS.
No52993) Internal improvement stock. [No. 299.

Know all men by these presents, that there is due from the State of Illinois to
Thomas Mather, or bearer. one thousand dollars, with interest, at the rate of six
per cent. perannum payable half yearly, on the first Mondays of January and
July, at the banking house of the Bank of the United States in New York, on
presentation and surrender of the annexed warrants. The principal is reim-
bursable at the said banking house, at the pleasure of the State, after the first
day of January, 1870.

For the performance of all which the faith of the State of Illinois is irrevoca-
bly pledged, agreeably to * An act to establish and maintain a general system
of internal improvements,’’ approved February 27, 18387, and amendments
thereto approved March 2, 1839. and February | and 3, 1840.

Witness my hand, at Springfield, this lst day of May, 1840.

‘RICH’D F. BARRET,
Fund Commissioner.

20 bonds of this description—6 numbered 261 to 266 inclusive, and the residue
numbered 287 to 300 inclusive.

UNITED STATES OF AMERICA.

STATE OF ARKANSAS.
No. 100.] A. [ $1,000.
Real Estate Bank of the State of Arkansas.

Under an act of the General Assembly, entitled ‘‘ An act to establish the Reah
Estate Bank of the State of Arkansas,’’ approved October 26, 1836, and an act

.
A

TWENTY-SEVENTH CONGRESS, 1841-48. 253

supplementary thereto, entitled ‘‘ An act to increase the rate of interest on
the bonds of the State issued to the Real Estate Bank of the State of Arkan-
sas,’’ approved December 19, 1837,

Sia per cent. stock.

Know all men by these presents, that the State of Arkansas acknowledges to
be indebted to the Real Estate Bank of the State of Arkansas in the sum of one
thousand dollars; which sum tbe said State of Arkansas promises to pay, in
current money of the United States, to the order of the president, directors, and
company of said bank, on the twenty-sixth day of October, one thousand eight
hundred and sixty-one. with interest, at the rate of six per cent per annum,
payable half yearly, at the place named in the endorsement hereto, on the first
days of January and Jnly of each year, until the payment of said principal.

In testimony whereof, the Governor of the State of Arkansas has signed, and

the treasurer of the State has countersigned, these presents, and caused
tL.S.] the seal of the State to be fixed thereto, at Little Rock, this first day of
January, in the year of our Lord one thousand eight hundred and
thirty-eight.
SAM. C. ROANE, Governor.
Countersigned :
Wo. E. WoopRuUFF, Treasurer.
500 bonds of this description, numbered 1 to 500, inclusive.

UNITED STATES OF AMERICA.
STATE OF ARKANSAS.

$1,000. $1,000.
£295, Nee £225,
Bank of the State of Arkansas.

Six per cent. stock.

Under an act of the General Assembly of the State of Arkansas, entitled “An
act supplemental to an act to establish the State Bank of Arkansas,” approved
December 18, 1837.

Know all men, that the State of Arkansas acknowledges to be indebted to the
president and directors of the Bank of the State of Arkansas in the sum of one
thousand dollars; which sum the said State of Arlxsansas promises to pay, in
current money of the United States. to the order of the president and directors
of said bank, on the first day of January, one thousand eight hundred and
sixty-eight. with interest, at the rate of six per cent. per annum, payable half
yearly at the place named in the endorsement hereto, on the first day of July
and of January, of each year, until the payment of said principal.

In testimony whereof, the Governor of the State of Arkansas has signed, and
the treasurer of the State has countersigned, these presents, and caused
the seal of the State to be fixed thereto, at Little Rock, this first day of

[u. S.] January, in the year of our Lord one thousand eight hundred and
thirty-eight.
SAM. C. ROANE, Governor.
Countersigned:

Wm. E. WooDRUFE, Treasurer.
These bonds have been assigned to the Secretary of the Treasury.
38 bonds of this description—13 numbered 282 to 294, inclusive; 15 numbered
359 to 373, inclusive; and 10 numbered 401 to 410, inclusive.

SPECIAL CERTIFICATE.

DETROIT AND PonTIAc RAILROAD STATE Stock,
STATE OF MICHIGAN.
$1,000. ] Six per cent. stock. [ No. 92.

Know all men by these presents, that the State of Michigan acknowledges to
owe to the Detroit and Pontiac Railroad Company the sum of one thousand
dollars, lawful money of the United States of America, which sum of money
the said State promises to pay to the said Detroit and Pontiac Railroad Com-
pany, or to their order, at the Manhattan Bank, in the city of New York, on the
first Monday of July, in the year of our Lord one thousand eight hundred and
fifty-eight, or at any time thereafter that the State may choose, with interest
thereon, at the rate of six per centum per annum, payable at the said Manhattan
Bank haif yearly, upon presentation and the delivery of the coupons severally
hereunto annexed, to wit: on the first Monday of January and the first Monday
of July. in each and every year, until the payment of the said principal sum.

The faith and credit of the people of the said State are hereby solemnly
pledged for the payment of the interest and the redemption of the principal
thereof, in accordance with the provisions of the act entitled ** An act to provide.

254. CONGRESSIONAL PROCEEDINGS. »

or pe zeree of the Detroit and Pontiac Railroad Company,” approved March
5, A. D. 1838.
In testimony whereof, the Treasurer of the State of Michigan has signed this
certificate, and has hereunto affixed the seal of his office, this first day
(1. 8.] of May, in the year of our Lord one thousand eight hundred and thirty-
eight.
5 HENRY HOWARD,
Treasurer of the State of Michigan.
8 bonds of this description—l numbered 76; the residue numbered 86 to 92, in-
clusive.

$1,000. ] [ $1,000.
UNITED STATES OF AMERICA,
STATE oF ILLINOIS.
No. 88.

Stix per cent. stock, interest half yearly.
ILLINOIS BANK AND INTERNAL IMPROVEMENT STOCK.

Know all men by these presents, that there is due from the State of Illinois to
the Bank of Illinois, or bearer, one thousand dollars, lawful money of the
United States, with interest, at the rate of six per centum per annum, payable
half yearly, on the first Mondays of January and July, at the Bank of the United
States in Philadelphia, or at itsagency in New York, at the option of the holder,
on the presentation and surrender of the annexed warrants. The principal is
reimbursable at either of the above places, at the pleasure of the State. after the
year 1860. For the performance of all which the faith of the State of Illinois,
is irrevocably pledged, as also a like amountof the stock in the Bank of Illinois,
agreeably to *‘ An act supplementary to an act to increase the capitol stock of
certain banks, and to provide means to pay the interest on a loan authorized by
an act entitled an ‘ Act to establlsh and maintain a general system of internal
improvement,’’’? approved March 4, 1837.

In witness whereof. the Governor. auditor, and treasurer of the State of Illi-

(u.8.] nois, have signed this certificate, and have caused the seal of the said

““-] State to be hereunto affixed, this 3ist day of July, 1837.
JOSEPH DUNCAN, Governor.
LEVI DAVIS, Auditor,

JOHN D. WHITESIDE, Treasurer. BY
13 bonds of this description—i numbered 70, 71, 73,74, and the residue num- ag
bered 81 to 89, inclusive. i
a)

UNITED STATES OF AMERICA, i

STATE OF ILLINOIS. i

$1,000. } Interest six per cent. [ $1,000. i
CERTIFICATE OF ILLINOIS. br

No. 2,460.] Internal improvement stock. [No. 2,460. 5

Know ail men by these presents, that there is due from the State of Illinois to a
Nevins, Townsend & Co., or bearer, one thousand dollars, lawful money of the iy
United States, with interest, at the rate of six per centum per annum, payable
half yearly, on the first’ Mondays of January and July, at the bank of the
United States in Philadelphia, or at its agency in New York, at the option of
the holder, on the presentation and surrender of the annexed warrants. The
principal is reimbursable at either of the above places. at the pleasure of the
State, after the first day of January, 1870. For the performance of all which the
faith of the State of Illinois is irrevocably pledged, agreeably to ‘An act to es-
tablish and maintain a general system of internal improvements,” approved
February 27, 1837.
Witness our hands, at Vandalia, this first day of January, 1838.
CHAS. OAKLEY,
M M. RAWEINGS, Commissioners.
THOMAS MATHER,
Levi Davis, Auditor.
3 bonds of this description, 2,457, 2,459, 2,460.

UNITED STATES OF AMERICA,
$1,000. } STATE oF ILLINOIS. [ $1,000.
Six per cent. stock, interest half yearly. .
ILLINOIS AND MICHIGAN.

Canal stock. No. 1,241. ;

Know ali men by these presents, that there is due from the State of Illinois to
the State Bank of Illinois, or bearer, one thousand dollars, lawful money of the |

TWENTY-SEVENTH CONGRESS, 1841-438. 255

United States, with interest, at the rate of six per centum per annum, payable
half yearly, on the first Mondays of January and July. at the bank of the United
States in Philadelphia, or at its agency in New York, at the option of the holder,
on the presentation and surrender of the annexed warrants. The principal is
reimbursable at either of the above places, at the pleasure of the State, after the
year 1860. For the performance of all which the faith of the State of Ilinois is
irrevocably pledged, as also the property, tolls, and revenues of the Illinois and
Michigan canal agreeably to an act, entitled ‘‘An act for the construction ot
the Illinois and Michigan canal,” approved the 9th January, 1836.
In witness whereof, the Governor, auditor, and treasurer of the State of Illi-
[u.s.] nois, have signed this certificate, and have caused the seal of the said
“J State to be hereunto affixed, this lst day of July, 1839.
THO. CARLIN, Governor.
LEVI DAVIS, Auditor.
JOHN D. WHITESIDE, Treasurer.

10 bonds of this description, numbered 1,237 to 1,246, inclusive.

UNITED STATES OF AMERICA,
$1,000. ] STATE oF ILLINOIS. [ $1,000.
Interest siz per cent.

CERTIFICATE OF ILLINOIS.
No. 2,636.] [No. 2,636.
Internal improvement stock.

Know all men by these presents, that there is due from the State of Illinois to
, or bearer. one thousand dollars, with interest at the rate of six per
cent. per annum. payable half yearly, on the first Mondays of January and July,
at the banking house of the agency of the Bank of the United States in New
York, on presentation and surrender of the annexed warrants. The principal
is reimbursable at the said banking house, at the pleasure of the State, after the
Ist day of January, 1870.

For the performance of all which the faith of the State of Illinois is irrevo-
cably pledged, agreeably to ‘‘An act to establish and maintain a general system
of internal improvement,” approved February 27, 1837, and an amendment, ap-
proved March 2, 1839.

Witness our hands, at Vandalia, this Ist day of July, 1839.

CHAS. OAKLEY,
JOHN TILLSON, JR.

10 bonds of this description, numbered 2,629, 2,632, 2,634, 2,636, 2,639, 2 645, 2,658,

2,660, 2,661, 2,664.

ye ae
i‘ Commissioners.

STATE oF OHIO CANAL SrTock.

Transfer Office, Office of the Ohio Life Insurance and Trust Company, in the city of New York,
August 7, 1841,

Be it known, that the State of Ohio owes to the Secretary of the Treasury of
the United States, in trust for the Smithsonian fund, or his assigns, the sum of
five thousand dollars bearing interest at the rate of six per centum per annum,
from tne first day of July. 1811, inclusively, pays#ble at this office half yearly on
the first days of the months of January and July, being stock created in pursu-
ance of sundry acts of the Legislature of the State of Ohio passed March 24th,
1837, the principal of which stocs is reimbursable at the pleasure of the Sta‘e,
at any time after the thirty-first day of December, in the \ ear !800; which debt
is recorded in this office, and is transferrable only by appearance in person or
by attorney, accor’ing to the rules and forms instituted for that purpose.

No. 3,179. In testimony whereof I, J. N. Perkins, cashier of the Ohio Life In-
surance and Trust Company, agent duly appointed for that purpose by
the Commissioners of the Canal Fund of Ohio. pursuant to authority

{u.s.] vested in them by the acts aforementioned have hereunto subscribed
my name, and afiixed the seal of said commissioners, the day and year
first above mentioned,

$5,000. J. N. PERKINS.
SAM. P. BULL, Transfer Office.

STATE OF OHIO CANAL STOCK.
Transfer Office, Office of the Ohio Life Insurance and Trust Company, in the city of New York
Augus 6, 1541.

Be it known, that the State of Ohio owes to the Secretary of the Treasury of
the United States in trust, for the Smithsonian fund. or his assigns. the sum of
thirteen thousand dollars, bearing interest at the rate of six per cen um per
annum, from the first day of July, 1841, inclusively, payable at this office half
yearly on the first day of the months of January and July, being stock created

256 CONGRESSIONAL PROCEEDINGS.

in pursuance of sundry acts of the Legislature of Ohio passed March 19, 1838. and
March 23, 1840, the principal of which stock is reimbursable at the pleasure of
the State, at any time after the thirty-first day of December, in the year 1860;
which debt is recorded in this office, and is transferable only by appearance in
person or by attorney, according to the rules and forms instituted for that pur-

se.

No. 3,178. In testimony whereof, I, J. N. Perkins, cashier of the Ohio Life In-
surance and Trust Company, agent, duly appointed for that purpose by
the Commissioners of the Canal Fund of Ohio, pursuant to authority

{u.S.] vested in them by the acts aforementioned, have hereunto subscribed
my name, and affixed the seal of said commissioners, the day and year
first above mentioned.

J. N. PERKINS,

Cashier Ohio Life In. and Trust Co.
Sam. P. Se ae Office.

UNITED STATES LOAN OF 1841.
$1,291.86. $1,291.86.
No. 66. No. 66.

TREASURY D#PARTMENT, September 28, 1841.

Be it known that there is due from the United States of America unto the Sec-
retary of the Treasury, for the time being, in trust for the Smithsonian fund, or
his assigns, the sum of one thousand two hundred and ninety-one dollars and eighty-
siz cents, dollars bearing interest at five and a half per centum per annum. from
the eighteenth day of September, 1841, inclusively, payable quarter yearly,
being stock created in pursuance of an act of Congress passed on the 2Ist day of
July. 1811, entitled ‘‘An act authorizing a loan not exceeding the sum of twelve
millions of dollars,” the principal of which stock is reimbursable at the pleas-
ure of the United States, at any time after the thirty first day of December. 1844;
which debt is recorded in and transferable at the office of the Regixter of Treas -
ury, by appearance in person or by attorney, according to the rules and forms
nstituted for that purpose.

WALTER FORWARD,

Secretary of the Treasury.
Countersigned:

T. L. SMITH, Register.

TWENTY-SEVENTH CONGRESS, 1841-43.

*yO0JS [BUG OFYO JO ayBI1g

“yoo4s
]Vuv UBSIQOLA puv stout {yL

‘OUT
"30048
quoutasAorid mt eulo},Uy
“3007s JUeUTAAOId
“WET jBwudleyUT pur yueg

“AuBdulo ) pRod
-[18yT oVIWUOg puy 4IO1jOqd

‘SBSUBYAIW JO 09819
oy} JO Wuvg ojzvjsq [Vow

‘susuByIy JO
23819 94} JO UV O} ponssy

“panssy Joo(qo WwYA AO WT

‘ERST ‘1aquIa00q7 ISTE 9) JdYV ew Aus
48 ‘SdJBIS peu) 94} Jo oinsvald 9y} VV

‘OOST ‘ABQuUAaDCT ISTE VY 10]JV OUITy
Aue 4B ‘ajvI1Q9 94} JO oIusvold oy} FV

“OORT
Awad ou} dv ‘oVISG OYY JO sInsvojd
oq} 1% ‘BVI YdlepelIqd 10 YuOR MON VV

"OLST ‘AUVNUBL JO 4ST 9} 10JIB ‘9IVIS
ay} Jo ainsvold oY} JV “HIOKR MON FV

‘oZgyT ‘Avenues
JO JST BY} A0zv '07BIG 0} JO etnsvold
oy} 4B “vIYdjopeyiyd JO YIOR MON FV

“N9ST TAIT ‘07BIG 94} JO vansvol[d
oy) JV ‘VTYyd[epvyiqd 10 YFIOK AMON FV

‘asooyo ABUL OIBIS
oy} SB ‘1aqJVIIBY} OWT} AUBIV IO YIOK
MON 98 ‘gest ‘Ane jo Avpuoyw 4SaTy

semen HIOK MAN 9B ‘TST ‘100190 GIG

“1 IOX MAN YE ‘ROBT ‘Acenuwl JO 4ST

‘oTQBVULOOpal OLBYUA pus UIT A

“paysanu, 81 PUNT UDYuosYpUY aY7 YoLYM UL syaOIy

sesesspesuccevevescanceess 2221 T1Q 0) aod HS

“yIO
MON 38 o[qvdud ‘4uUe0 Jed 9

‘leployg oq} JO uoTWdo ayy
4B ‘erydjopv[Iqd tO Hao
MON 98 o[qvdud ‘4u00 sad 9

“HAO X.
MON Je o[qedud ‘40900 10d 9

‘1apjog oq} Jo uotdo oyy

ye “erydjepeyigd 10 410
MON 7B o[qBded ‘yu90 aod 9

Raster rat seeeeees OCT

Recreceeecceer meee OT

i (OIK <
AON 48 o[qutvd ‘4uU90 19d 9

‘atqeAvd
udsgA PUB ‘Jsor0jUT JO o}BYy

98 162'829$

98 162" I

00 000'8T

00 000‘0T

00 090'08

00 000s

00 000'S
00 000'8
00 000°008

00 000'sE$

‘yunowy

veesensecs A OO NOULY

“TFSI ‘Arug jo
4S1ZJO 90B 9G} Aq payVaio
89}¥18 payluUy ey} JO YOON

‘oTgo

JO 9781S 94} JO Hoos

“STOOTTIT

jo oV}Q oy} JO Hoos

“SJOUTTIT

jo ojvjQ oq} JO YooS

‘sTourlty

jo oFBIS oY} JO HIS

“STOUrTIT

jo o}VIH 94} JO HIS

“UvSTqOTA

JO 99835 9} JO HO0IS

‘SBSUBYIV

jo 97%)§ 94} JO YI0IS

“sesuByIVy

jo 918315 94} JO 40IS
"yoOYS

17

258 CONGRESSIONAL PROCEEDINGS.

[H. R. No. 386.]

A BILL to provide for the disposal and management of the fund be-
queathed by James Smithson to the United States, for the establishment
of an institution for tbe increase and diffusion of knowledge among men.

Sec. 1. Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the President of the
Senate and the Speaker of the House of Representatives of the United
States, the Chief Justice of the United States, the Secretaries of State,
Treasury, War, and Navy, the Postmaster and Attorney Generals, the
Chief Justice of the Circuit Court of the United States for the District of
Columbia, und the Mayor of the city of Washington, shall be, and hereby
are, constituted a body politic and corporate, by the style and title of the
trustees of the Smithsonian Institution for the increase and diffusion of
knowledge among men, with perpetual succession, and the usual powers,
duties, and liabilities, incident to corporations.

Src. 2. And be it further enacted, That the corporation so constitute
shall have power to appoint, from citizens of the United States other than
members of the board, a secretary and a treasurer, to hold their offices
during the pleasure of the board, and removable at their pleasure, and
others to be appointed in their places, and to fix from time to time their
compensations. And the secretary and treasurer only shall receive pecu-
niary compensation for their services, and those of the members of the
board of trustees shall be gratuitous. And the offices of secretary and
treasurer may, at the discretion of the board of trustees, be held by the
same person. The secretary and treasurer shall be sworn to the faithful
discharge of the duties of their respective offices ; and the treasurer shall
give bond, with the penalty of fifty thousand dollars, with sureties to the
satisfaction of the Secretary of the Treasury, for the safe custody and faith-
ful application of all the funds of the Institution which may come to his
hands or be at his disposal.

Sec. 3. And be it further enacted, That the sum of five hundred and
eight thousand three hundred and eighteen dollars and forty-six cents,
placed in the Treasury of the United States on the first day of September,
eighteen hundred and thirty-eight, as the proceeds, in part, of the bequest
of James Smithson to the United States, together with all sams which have
been or may hereafter be realized from the said bequest, shall be passed
hereafter to the credit of a fund, to be denominated the Smithsonian fund,
in the Treasury of the United States. And the faith of the United States
is hereby pledged for the preservation of the said fund undiminished and
unimpaired, to bear interest at the rate of six per cent. a year, payable
half-yearly, on the first days of January and July, to the treasurer of the
board of trustees of the Smithsonian fund, to be applied to the purposes
of the fund, conformably to the laws, and subject to the revision and regu-
lations of the board of trustees.

Src. 4. And be it further enacted, That no part of the said Smithsonian
fund, principal or interest, shall be applied to any school, college, univer-
sity, other institute of education, or ecclesiastical establishment.

Suc. 5. And be it further enacted, That the appropriations to be made
from time to time by Congress, to the purposes of the Smithsonian Institu-
tion, as declared by the testator, shall be exclusively from the accruing
interest, and not from the principal, of the said fund; but Congress shall
retain the power of investing, at their discretion, the principal of said fund
and its increase in any other manner, so as to secure not less than a yearly
interest of six per cent., and may appropriate, from any other unappropri-
ated moneys in the Treasury, sums to an amount not exceeding six years of
the accruing interest on the Smithsonian fund, to be repaid from the
said accruing interest into the Treasury,

Src. 6. And be it further enacted, That the sum of thirty thousand dol-
lars, part of the accruing interest on the same Smithsonian fund, be, and

TWENTY-SEVENTH CONGRESS, 1841-48. 259

the same is hereby, appropriated towards the erection and establishment,
at the city of Washington, of an astronomical observatory, adapted to the
most effective and continual observations of the phenomena of the heavens ;
to be provided with the necessary, best, and most perfect instruments and
books, for the periodical publication of the said observations, and for the
annual composition and publication of a nautical almanac.

Sze. 7. And be it further enacted, That the said observatory shall be
erected under the direction of the board of trustees, on a site in the city of
Washington, to be selected by them; and, should the same be on land be-
longing to the United States, so much thereof as, in the opinion of the
trustees, shall be necessary for the purpose, shall be conveyed to them, in
consideration of the sum of ten thousand dollars, taken from that fand by
the general appropriation act of third March, eighteen hundred and thirty-
nine: Provided, That if no such suitable site can be found on the public
lands, that then a selection of a site on private property may be made, at a
price not exceeding one-half cent per square foot; to be paid out of the
appropriation in the immediately preceding section of this act.

Sec. 8. And be it further enacted, That all expenditures made by the said
board of trustees shall be subject to the approval of the President of the
United States ; and all the accounts thereof shall be reported to the Secre-
tary of the Treasury, and audited, under his direction, by the proper officers
of the Treasury Department; and the said board shall report to Congress,
at every session thereof, the state of the Smithsonian fund, and a full
statement of their receipts and expenditures during the preceding year.

Sec. 9. And be it further enacted, That the first meeting of the trustees
of the Smithsonian fund shall be held at the city of Washington on the third
Tuesday of next; and that, in the mean time, the custody of the said
fund, and the expenditures under the appropriations herein made, shall be
held and authorized by the Secretary of the Treasury, subject to the appro-
bation of the President of the United States.

Sec. 10. And be it further enacted, That there shall be a board of visitors,
to be annually appointed, consisting of nine members; two of whom to be
commissioned officers of the army, to be appointed by the Secretary of
War ; two commissioned officers of the navy, to be appointed by the Sec-
retary of the Navy; the mayors for the time being of the cities of Alex-
andria and of Georgetown, within the District of Columbia; and one citi-
zen of each of the cities of Washington, Alexandria, and Georgetown,
to be appointed by the President of the United States; who shall meet on
the first Monday of February, at eleven o’clock, before noon, at the said
astronomical observatory, and visit and inspect the condition of the suid
observatory, and of the Smithsonian Institution generally. They shall
choose among themselves a chairman, and shall make report to the Presi-
dent of the United States of the said condition of the institution, specifi-
cally indicating in what respect the institution has, during the preceding
year, contributed to the purpose of the founder—the increase and diffusion
of knowledge among men. To this board the astronomical observator shall
make a report to the same effect, so far as regards the astronomical branch
of the institution ; which report shall be annexed to that of the board to
the President of the United States, who shall communicate the said reports
to Congress. The services of the members of the said board shall be gra-
tuitous.

Src. 11. And be it further enacted, That there is reserved to Congress
the right of altering, amending, adding to, or repealing, any of the provi-
sions of this act, which shall be found inconvenient upon experience: Pro-
vided, That no contract or individual right, made or acquired under such
provisions, shall thereby be impaired or divested.

Src. 12. And be it further enacted, That the sum of sixty thousand dols
lars of the interest accrued, and now invested in bonds of the State of
Arkansas and , bearing an interest at the rateof six per cent. a year,
be, and it is hereby, constituted a fund, from the yearly interest of which

260 CONGRESSIONAL PROCEEDINGS.

the compensation shall be paid of an astronomical observator, to be
appointed by the board of overseers, removable at their discretion, and
another to be appointed whenever the said office may be vacant; his com-
pensation shall be at the rate of three thousand dollars a year, and six hun-
dred dollars a year for the incidental and contingent expenses of repairs
upon the buildings, as they may be required.

Sec. 13. And be it further enacted, That the sum of one hundred and twen-
ty thousand dollars, from the interest already accrued or to accrue hereafter to
that amount, and yielding yearly interest at the rate of six per cent, a year,
be, and is hereby, constituted a fund, from the interest of which four assist-
ants to the astronomer, and laborers necessary for attendance on him, for
the care and preservation of the buildings, shall be provided and supported.
.The compensation of the four assistants to be at the rate of fifteen hundred
dollars a year each ; and the compensation of the laborers (with compensa-
tions not to exceed in amount for the whole of those found necessary) twelve
hundred dollars a year; the assistants and laborers to be appointed and
removable by the said board of trustees, at their discretion.

Src. 14. And be it further enacted, That the sum of twenty thousand dol-
lars, of the interest hereafter to accrue from the said Smithsonian fund, be,
and is hereby, appropriated to furnish an assortment of the best and most
perfect instruments for astronomical observation, to be procured under the
direction of the astronomical observator, to be appointed conformably to
the twelfth section of this act.

Sec. 15. And be it further enacted, That the further sum of ten thousand
dollars, of the interest to accrue on the said fund, be, and hereby is, con-
stituted a fund, from the interest of which other instruments may be from
time to time procured, as occasions for the use of them may arise, and for
repairs of instruments, as needed.

Src. 16. And be it further enacted, That the sum of ten thousand dollars,
to accrue from the future interest on the said fund, be, and the same is
hereby, appropriated for the purchase of a library of books of science and
literature, for the use of the observatory, to be selected by the observator ;
and the further sum of twenty thousand dollars, of the said interest to
accrue from the said fund, is hereby constituted a fund, from the yearly in-
terest of which the sum of twelve hundred dollars shall be applied for the
constant supply of new works, transactions of learned societies, and period-
ical publications upon science in other parts of the world or in America.

Sec. 17. And be it further enacted, That the further sum of thirty thou-
sand dollars, of the interest hereafter to accrue from the said principal
Smithsonian fund, be, and hereby is, constituted a fund, from the income
of which, being eighteen hundred dollars a year, shall be defrayed the
expense of the yearly publication of the observations made at the observa-
tory, and of a nautical almanac, to be called the Smithsonian almanac.

Sec. 18. And be it further enacted, That, for any other moneys which
have accrued, or may hereafter accrue, upon the said Smithsonian fund,
not herein appropriated, the board of trustees are hereby authorized to
make such disposal as they shall deem necessary for the promotion of the
purpose of the testator—the increase and diffusion of knowledge among
men.

APRIL 12, 1842.

The Speaker presented additional documents in support
of the memorial of Richard Rush, which were referred to
the Committee of Claims.

On motion of Mr. Adams, it was then ordered that the
committee on the Smithsonian bequest be digcharged from
the memorial of Richard Rush, and that it be referred to
the Committee of Claims.

TWENTY-SEVENTH CONGRESS, 1841-43. 261

House or REPRESENTATIVES, August 5, 1842.

Bill No. 479, for the relief of Richard Rush was passed.

The bill is as follows:

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Secretary of the Treasury
pay, out of any money in the Treasury not otherwise appropriated, to
Richard Rush, the sum of three thousand eight hundred and fifteen dollars
and seventy-three cents, for extra services in converting the Smithsonian
funds received by him, as the agent of the United States, into gold coin,
and for his aid and supervision in transporting the same from London to
the mint at Philadelphia.

House or Representatives, August 27, 1842.

A petition of Henry L. Ellsworth, Elisha Whittlesey, J.
8. Skinner, and others, on behalf of the Agricultural Soci-
ety of the United States, asking for the disposal of a portion
of the Smithsonian fund, for the establishment of an agri-
cultural school and farm in the District of Columbia, was
laid on the table.

The following is the memorial :

The memorial of the undersigned respectfully represents:
That they, and those associated with them, have formed a
society in the District of Columbia, to be called ‘The Agri-
cultural Society ef the United States,” which is designed
in various ways to promote the improvement of American
husbandry.

For that purpose they have adopted a constitution, and
applied to Congress for an act of incorporation. The objects
of the society are fully explained in the constitution, a copy
of which has been laid before Congress. One of these is
the establishment of a school and farm in this District, with
a course of lectures for instruction and experiments to
advance the condition of agriculture throughout the Union,
and thus diffuse wider among men that knowledge so essen-
tial to the improvement of this most important pursuit.

They therefore, in pursuance of a resolve * adopted by said
society, a copy of which is hereto annexed, pray Congress
to set apart and apply to the above objects the residue of

* Vide 15th article of constitution, presented August 27, 1842:

‘‘ Art. 15. The said board (board of control) shall also be instructed to
make efforts to obtain funds for the establishment of an agricultural school
in the District of Columbia, and, appurtenant thereto, a course of public
lectures on agriculture, chemistry, botany, mineralogy, geology, and ento-
mology, as appropriate sciences to the great business of agricultwre, and an
experimental farm, which, with the buildings and improvements thereon,
shall be set apart forever as an establishment “for the increase and di fusion
of knowledge among men.”

262 CONGRESSIONAL PROCEEDINGS.

the Smithsonian fund, or such portion of it as in the opinion
of Congress can be most usefully and properly expended in
that manner.
Henry ELiswortu.
HuisHA WHITTLESEY.
J. S. SKINNER.
Jno. A. SMITH.
ALEXANDER HUNTER.
Wasuinaton, December, 1841.

PROCEEDINGS IN THE SENATE.
Senate, December 5, 1843.
Message of the President, John Tyler.

* * Tn connection with its other interests as well as
those of the whole country, | recommend that at your pres-
ent session you adopt such measures, in order to carry into
effect the Smithsonian bequest, as in your judgment will be
the best calculated to consummate the liberal intent of the
testator. yi

SENATE, December 15, 1843.

On motion of Mr. Choate, the above message was re-
ferred to the Committee on the Library.—Mr. Choate, Mr.
Tappan, and Mr. Berrien.

SENATE, June 6, 1844.

Mr. Tappan from the Committee on the Library oot
the following bill, (S. 188,) which was read and passed to
a second reading :

A BILL to establish the Smithsonian Institution, for the increase and dif-
fusion of knowledge among men.

Whereas James Smithson, esquire, of London, in the kingdom of Great
Britain, by his last will and testament did give the whole of his property
to the United States of America, to found at Washington, under the
name of the Smithsonian Institution, an establishment for the increase and
diffusion of knowledge among men; and whereas Congress have hereto-
fore received said property and accepted said trust; therefore, that the same
may be executed in good faith, and according to the will of the liberal and
enlightened donor—

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That so much of the property of
the said James Smithson as has been received in money and paid into the
Treasury of the United States, being the sum of five hundred and eight
thousand three hundred and eighteen dollars, be loaned to the United States
Treasury, at six per cent. per annum interest, from the third day of Decem-
ber, in the year one thousand eight hundred and thirty-eight, when the
same was received into the said Treasury ; and that so much of the interest

TWENTY-EIGHTH CONGRESS, 1843-45. 263

as may have accrued on said sum on the first day of July next, which will
amount to the sum of one hundred and seventy-eight thousand six hundred
and four dollars, be, and the same is hereby, appropriated for the erection
of suitable buildings, and the enclosing of suitable grounds, for the Smith-
sonian Institution established by this act; and that six per cent. interest on
the said trust fund, it being the said amount of five hundred and eight
thousand three hundred and eighteen dollars, received into the United States
Treasury, third of December, one thousand eight hundred and thirty-eight,
payable, in half yearly payments, on the first of January and July in each
year, be, and the same is hereby, appropriated for the perpetual mainte-
nance and support of said institution.

Src. 2. And be it further enacted, That the business of said institution
shall be conducted by a board of managers, to consist of twelve, no two of
whom shall be citizens of the same State or Territory ; that the persons first
appointed on the board of managers shall meet in the city of Washington,
on the first Monday of September next after the passage of this act, and,
when met, shall divide themselves, by lot, into three sections, one of which
shall serve two years, one four, and the other six years; and whenever a
vacancy occurs in said board, thesame shall be filled by such person as may
be appointed by a joint resolution of Congress; that all those who may be
appointed to fill vacancies occasioned by death, resignation, or removal out
of the United States, shall serve the residue of the term, and all those who
may be appointed to fill vacancies which occur by lapse of time shall serve
for the term of six years; that after said board shall have met and become
organized by appointing one of theirown body president of said board, it
shall be their duty to proceed to select a suitable site for such building as
may be, in their judgment, necessary for the institution, and suitable ground
not exceeding ten acres, for horticultural and agricultural experiments, which
ground may be taken and appropriated out of that part of the public ground
in the city of Washington called the Mall; and the ground so selected shall
be set out by proper metes and bounds, and a description of the same shall
be made and recorded in a book to be provided for that purpose, and signed
by said managers, or so many of them as may be convened on said first
Monday of September ; and such record, or a copy thereof, certified by the
president of the board of managers, shall be received as evidence in all
courts of the extent and boundaries of the lands appropriated to said in-
stitution.

Src. 3. And be it further enacted, That, so soon as the board of managers
shall have selected the site for the buildings of the institution, they shall cause
to be erected a suitable building, of plain and durable materials and struct-
ure, without unnecessary ornament, and of sufficient size, and with suitable
rooms for the reception and arrangement of objects of natural history, a
library, a chemical laboratory, and lecture room or rooms; and the 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 such
plan as may be directed by the board of managers, and shall take sufficient
security to the Treasurer of the United States for the building and finish-
ing the same according to said plan, and in the time stipulated in such con-
tract: Provided, however, That the expense of said building shall not exceed
the sum of eighty thousand dollars, which sum is hereby appropriated for
that purpose out-of any money in the Treasury not otherwise appropriated ;
and the board of managers shall also cause the grounds selected for horti-
eultural and agricultural purposes to be enclosed and secured, and a suitable
building erected to preserve such plants as will not bear exposure to the
weather at all seasons; and the sum of twenty thousand dollars is hereby
appropriated for such building and enclosure, to be paid out of any moneys
in the Treasury not otherwise appropriated ; and so soon as it may be neces-
sary for the accommodation of the persons employed in said institution, the
suid board of managers may cause to be erected on the grounds of the in-
#titution such dwelling houses and other buildings, of plain and substantial

264 CONGRESSIONAL PROCEEDINGS.

workmanship and materials, to be without unnecessary ornament, as may
be wanted: Provided however, That the whole expense of building and fur-
nishing as many such houses as may be required shall not exceed the residue
of said interest which will have accrued on the first day of July next; and
for the said expenditure the said residue of said interest, amounting to the sum
of seventy-eight thousand six hundred and four dollars, is hereby appropria-
ted, payable out of any moneys in the Treasury not otherwise appropriated ;
and all such contracts as may be made by said board of managers shall be de-
posited with the Treasurer of the United States; and all questions which
may arise between the United States and any person claiming under and by
virtue of any such contract shall be heard and determined by said board of
managers, and such determination shall be final and conclusive upon all
parties ; and all claims on any contract made as aforesaid shall be allowed
and certified by the board of managers, or a committee thereof, as the case
may be, and being signed by the president of the board, shall be a sufficient
voucher for settlement and payment at the Treasury of the United States.

Src. 4. And be it further enacted, That, so soon as buildings shall be
erected for their reception, all objects of natural history belonging to the
United States, which may be in the city of Washington, in whosesoever cus-
tody the same may be, shall be delivered to such persons as may be author-
ized by the board of managers to receive them, and shall be arranged by
the professor of natural history in such order and so classed as best to facil-
itate the examination and study of them in the building so as aforesaid to
be erected for the institution; and the managers of said institution shall
afterwards, as new specimens in natural history may be obtained for the
museum of the institution by exchanges of duplicate specimens belonging
to the institution (which they are hereby authorized to make) or by dona-
tions which they may receive, cause such new specimens to be also appropri-
ately classed and arranged. And the minerals, books, manuscripts, and
other property of James Smithson, which have been received by the Gov-
ernment of the United States, and are now placed in the Patent Office, shall
be removed to said institution and shall be preserved separate and apart.
from the other property of the institution.

Src. 6. And be it further enacted, That the managers of said institution
shall appoint a superintendent, whose duty it shall be to take charge of the
ground, buildings, and property, belonging to the institution, and carefully
preserve the same from injury ; and such superintendent shall be the secre-
tary of the board of managers, and shall, under their direction, make a fair
and accurate record of all their proceedings, to be preserved in said institu-
tion; and the said superintendent shall also discharge the duties of professor
of agriculture and of horticulture in said institution, and in that capacity
may, with the approbation of the board of managers, employ, from time to
to time, so many gardeners and other laborers as may be necessary to culti-
vate the ground and keepin repair the buildings of said institution; and
the superintendent shall receive for his services such sum as may be
allowed by the board of managers, to be paid semi-annually on the first
day of January and July; and the said superintendent shall be removable
by the board of managers whenever, in their judgment, the interest of the
intitution may require the superintendent to be changed.

Szc. 6. And be it further enacted, That, at the first meeting of the board
of managers, they shall fix on the times for regular meetings of the board,
and on application of any three of the managers to the superintendent of
the institution, it shall be his duty to appoint a time for a special meeting
of the board, of which he shall give notice by letter to each of the mem-
bers, and at any meeting of the board of managers seven shall constitute a
quorum to do business; that each member of the board of managers shall
be paid his necessary travelling and other expenses in attending meetings
of the board, which shall be audited, allowed, and recorded, by the super-
intendent of the institution. And whenever any person employed by the
authority of the institution shall have performed service entitling him to com=

TWENTY-EIGHTH CONGRESS, 1843-45, 265

pensation, whether the same shall be by way of salary payable semi-annually
or wages for labor, the superintendent shall certify to the president of the
board that such compensation is due, whereupon the president shall certify
the same to the proper officer of the Treasury Department for payment.

Sec. 7. And be it further enacted, That the board of managers may ap-
point some suitable person as professor of natural history, a professor of chem-
istry, and a professor of astronomy, with such other professors as the wants
of science may require. They shall also employ able men to lecture in the
institution upon the arts and sciences, and shall fix the compensation of such
professurs and lecturers: Provided, That no profesgorship shall be established
or lecturer employed to treat or lecture on law, physic, or divinity, it being
the object of the institution to furnish facilities for the acquisition of such
branches of knowledge as are not taught in the various universities.

Ske. 8. And be it further enacted, That the board of managers shall make
all needful rules, regulations, and by-laws, for the government of the in-
stitution and the persons employed therein ; they shall direct and prescribe
the experiments to be made by the professor of agriculture and horticulture,
to determine the utility and advantage of new modes and instruments of
culture, to determine whether new fruits, plants, and vegetables, may be
cultivated to advantage in the United States; and they shall direct the dis-
tribution of all such fruits, plants, seeds, and vegetables, as shall be found
useful and adapted to any of our soils and climates, so that the people in
every part of the Union may enjoy the benefit and advantage of the exper-
iments made by the institution ; they shall also make rules and regulations
for the admission of students in the various departments of the institution,
and their conduct and deportment while they remain therein: Provided,
That all instruction in said institution shall be gratuitous to those students
who conform to such rules and regulations.

Src. 9. And be it further enacted, That be appointed
managers of the said Smithsonian Institution, to hold their offices as is
hereinbefore provided.

PROCEEDINGS IN THE HOUSE OF REPRESENTATIVES.

Houses or REPRESENTATIVES, January 2, 1844.

Mr. J. Q. ADAMs moved the following resolution which
was read, and the rule requiring the same to lie upon the
table one day being dispensed with, it was considered and
agreed to, viz:

Resolved, That the Secretary of the Treasury be directed to report to this
House the present state and condition of the funds bequeathed by James
Smithson to the United States, for the establishment at the city of Wash-
ington of an institution for the increase and diffusion of knowledge among
men; with a statement of what payments of interest have been received,
and whatif any, have been refused or withheld on the State stocks in which
the said funds were invested ; the amount of interest so withheld or refused
to be paid ; and what measures have been taken by the Secretary to recover
the same; also by whose agency the said investments were made; with
copies of any correspondence of the Treasury Department with such agents
relating thereto.

House or Representatives, Mebruary 2, 1844.

Mr. WILLIaMs presented a petition of Horatio C. Merriam,
of Massachusetts, that a portion of the Smithsonian bequest

266 CONGRESSIONAL PROCEEDINGS.

be applied to promote agricultural education, that science
being heretofore neglected in the systems of education of this
country ; which was referred to the Committee on Agricul-
ture.

Hous oF REPRESENTATIVES, Jebruary 19, 1844.

The Speaker laid before the House the following com-
munication, viz: ?

A letter from the Secretary of the Treasury, in answer
to a resolution of the House of Representatives of the
3d of January last, transmitting statements showing the
present state and condition of the funds bequeathed by
James Smithson to the United States; the payments of in-
terest that have been received, and what have been refused
or withheld on the State stocks in which the said funds
were invested, and the amount of interest so withheld; and
stating what measures had been taken to recover the in-
terest withheld; also, accompanied with copies of the cor-
respondence in relation to the purchase of State stocks for
the fund: which letter and accompanying documents were,
on motion of Mr. John Quincy Adams, referred to a select
committee of nine members.

Mr. John Quincy Adams, Mr. Houston, Mr. Chappell,
Mr. French, Mr. Lucas, Mr. Brengle,* Mr. Yost, Mr. E. D.
Potter, and Mr. Wethered,* were appointed the said com-
mittee.

The following is the letter:
Treasury DepartMENtT, February 17, 1844.

Sir: In compliance with the resolution of the House of
Representatives of the 8d of January last, I have the honor
to transmit the accompanying statements A, B, C, showing
“the present state and condition of the funds bequeathed
by James Smithson to the United States, for the establish-
ment of an institution for the increase and diffusion of
knowledge among men; the payments of interest that have
been received, and what have been refused, or withheld, on
the State stocks in which the said funds were invested, and
the amount of interest so withheld.”

I have the honor further to report, in compliance with
the resolution, that the only measures taken to recover the
interest so withheld were, by retaining in the Treasury the
amounts stated in statement C, under the provisions of the

* This committee, though ordered, was not actually appointed until
Messrs. Brengle and Wethered took their seats.

TWENTY-EIGHTH CONGRESS, 1843-45. 267

fourth section of the act of 4th September, 1841; there
being no other means by which the department could com-
pel the payment of interest then in arrear.

The resolution also requires to be reported “ by whose
agency the said investments were made, with copies of any
correspondence of the Treasury Department with such
agents relating thereto.”

In reply to this, I have the honor to state that it does not
appear that any agent was ever appointed to make these in-
vestments. The correspondence in relation to the purchase
of State stocks, for the fund, appears to have been princi-
pally with stock-brokers; and copies are annexed, marked
from D No. 1, to D No. 63.

I have the honor to be, very respectfully, your obedient
servant,

J. C. SPENCER,
Secretary of the Treasury.
Hon. J. W. Jongs,
Speaker of the House of Representatives.

CONGRESSIONAL PROCEEDINGS.

268

00 S¢¢'OL
00 086'81
0° LE8‘ZI
00 000‘0T

L9 012'8

00 00¢‘66F$

Ut qyTAs ‘-qu00 aod Fe9

3B ‘sloULT[T Jo eyryg

oy} JO spuog gues aad 9g ‘QQg‘9
ees pee +yuoo aod £69

ye ‘susuByay jo eywyg

94} JO spuog “yu00 sod g ‘QQ0‘GT
Sas See Te ‘yueo aod

1 78 ‘SIOULT[T JO 07%1g

ay} JO spuog “yue0 sod g “Q00‘9%
Seria Sas ‘yuoo sod £g¢6

ye ‘susunyly jo ewIg

ey} JO spuoq “yueo sed g ‘QQO'eT
eae Se Rae ae ae asd

qv ‘susuRyry Jo 07819

ay} JO spuog “yueo sod g ‘QNO'OT
ei aed 48 ‘gegt ‘gz
IeqMaAON 03 T AB

WO JSote}UL SuIpNyo

-UL ‘UBSTYOIPT Jo 04819

ay} JO spuoq -yu00 sod 9 ‘QQ0‘g
age ors. gest ‘2 Aine

Jo yor aod ‘pung uetaos

-Y}LUIg ey} 1OJ ysnay UL

Aansveiy, oy} jo Arey

-9100g oy} Aq paseyo

-ind “yus0 aad QI-6 66

ye ‘sesuByiy Jo 97819

OFSI ‘g “90d |

OF8L ‘1a 3deg

OFST ‘S$ “qon
6S8T ‘9 Ane
SE8I ‘6z “99

SS8I ‘SZ “AON

oy} Jo spuog “yu00 aod g ‘og0‘00s$ | gest ‘F ‘ydag

‘syo0gs pun spuog wof papuadant

9% SIs‘s0c$

9F 818‘8

00 OT2L‘9L
00 086‘ST
00 OFS‘ST
19 6966

—_—_——.

00 000‘00¢¢

0G
> APSE TT teq
-wojydeg puv ‘geet
‘1 Ainge jo sjow aed
‘UOI]NIsUy UBlUOS
-YHWg oy} Jo 4a
-u0q OY} 1OF poysoa
-ur skouow wojy

|

OFS ‘er Ainge
OFSI ‘8 “qou
6Ssl ‘1 Aine

Susie wins sq} Jog | gegt ‘6z “ood

“squat
-789QU2 UO 289L92UT

SSeS hr operas uoryny
-I48UT UBIUOSyyIUIg
24} poyeurTMousp
aq 0} ‘uem Suows
espe[Mouy jo uols
-ngip pus osvesout
ay} JOJ UONyYsUL
UB UOJSULYSUAA 4B
surpunoy soy ‘uop
-uoTT jo ‘uosyyimg
SOUBP I}B[ oY}
jo ysonboq oy} wos

gest ‘Og 3deg

SUISIIB Uns sIq} 10,7 | gest ‘fF “sdeg

“gsanbaq 941,

"PRET ‘hunnune yy ayn uo , ‘sang pau 2y2 fo hunsnasy, ay; UL punf unruosyziUy ,, ay; fo uowrpuoo ay} fo quauajnjy

ey

269

TWENTY-EIGHTH CONGRESS, 1843-45.

ZO I8L‘919$

GS 18%‘F

88 89231

00 002°61

00 83a’

eg ¥39‘oso$

Seg eee nee et ued

48 ‘s0781g poyluy eq}

Jo Yoo}s yuoo sod g ‘gg [gz‘F
sear See a aR

48 ‘saqeyg peyluA 944

jo yooys “yuoo sed 9 ‘GQ ggg
SoS aes aed

ye ‘sa7B1g peylug oy}

JO yooys “yuoo sod 9 ‘61 7z8'8
Sea eae eS avd

48 ‘soqBy1g peytuy oy}

Jo Yoojs “ues 10d 9 ‘Og Gel'T
ce ed avd

78 ‘s0]81g poylUQ ony

JO yooys “yueo aod Fg ‘98 162'T
eee. TP8I ‘03 94

I A[ug wou ysoreqyat

Yt ‘yuoo sed FE 4B

‘oryO JO 0}BIG OY} Jo

yooys wuro yuoo sod 9g ‘QQQ'¢
LP8I ‘06 07 T Alu ge woay

48010} UL WTA‘ yueo aod

H6 18 “OLYO Jo 0yVIG 04}

JO YOO}s [RUB “yuvo Jod g ‘QD)'ST
ees IP8t ‘1 Avenaqoy

0} [ Aavuuse wou

4so10PUL YL ‘Judo aod

#61 78 ‘s1OUI][T JOoqBIg

ey} JO spuog ‘yueo sod 9 ‘QQ0'Fz
““"""""OF8I ‘L ysnsny

0} | Alpe woay 480104

PRSL ‘GL “UBL

SPST ‘18 “LBW

ZPSI ‘6a “9°

ZBL ‘15 °S0V

IPSI ‘2z deg

[P81 ‘OL “Snyw

LPST ‘2

IP8I ‘T

‘Suv

“V9

Z0 Ist‘919¢

9¢ 298°L01 |———-———__

18 818
IL $98
00 OFg
LE 629
00 OFZ
00 089‘T
00 OFS
GO SII
00 098‘¢
6L Z8h'F
00 O8F
#0 88

00 OFg
91 LS
00 OFL‘T
00 OOL‘Zt
00 000‘¢
00 O9T‘LT

—$——$—$_ ED

od
od
og
od
og
“od
od
oc
od
od

og
“oc
‘od
“od
a
“od
“od

PPT
SP8I
SP8l

SPST
SPST
ePsl

GPL
GPST
GPsl
CPST
GP8L
[P81
IF81
[P81
If81

‘y ues
‘oo Ayur
‘, Ane
od

od

‘og Trad w
“9) = cuvitt
‘e “UB?
od

‘I ‘00d
‘9% “AON
‘og “sny
‘6 Ajue
‘Te ‘Ivy
‘gr deg
‘6 ‘SuV
‘og ounsg
Sf =e d0uk

270 CONGRESSIONAL PROCEEDINGS.

B.—Statement exhibiting the amount and description of the State
by the Secretury of the Treasury, in trust, for the benefit of the
to the 31st December, 1843.

Period from

Date of Amount and description of which inter- |+———_—_-.
purchase. bonds and stocks. est commen- |r, amber
ces,
31, 1838.
Sept. 4, 1838 |$500,000 00 Arkansas 6 per
cent. bonds____- Sept. 5, 1838 | $9,619 57
Nov. 238, 1888 8,000 00 Michigan 6 per
cent. bonds_---- May 1, 1838 320 00
Dec. 29, 1888 | 10,000 00 Arkansas 6 per ;
cent. bonds____- Jane) ll Sool een eeeee
July 6, 1839 13,000 00 Arkansas 6 per
cent. bonds_-__-- Julys ol, 1839) seen eee
Feb. 3, 1840 | 26,000 00 Illinois 6 per cent.
bonds) 2a a AT nipelyl 84.0) See ee
Sept. 21, 1840 15,000 00 Arkansas 6 per
cent. bonds__-_-- oulya) 1eS4 Oko
Dec. 3, 1840 6,000 00 Illinois 6 per cent.
bonds\2= 25 S25 Costes gyi meeeeme cee
Feb. 1, 1841 | 24,000 00 Illinois 6 per cent.
bondse22 2-528 Jan.) 1, 1840 aa as
Aug. 7, 1841 13,000 00 Ohio 6 per cent.
) canal stock____-_ Surly eh ee eee
Aug. 10, 1841 5,000 00 Ohio 6 per cent.
canal stock.___- Gor Gh Weta nee

Sept. 27, 1841 1,291 86 United States 5}
per cent. stock__| Sept. 18, 1841 |_____.___

Aug. 27, 1842 540 00 United States 6
per cent. stock_-| Jan. © 3,'1842)}-- 22 (- 7 =

Do. 17 76 United States 6
per cent. stock__| Jan. 25, 1842 }_________

Do. 540 00 United States 6
per cent. stock__| July 7, 1842)._-._____.

Do. 38 04 United States 6
per cent. stock__| Aug. 15, 1842 |_________

Dec. 29, 1842 480 00 United States 6
per cent. stock__| Nov. 26, 1842 }___-.___=

Do. 7,842 79 United States 6
per cent. stock__| Dec. 18, 1842 |___----2.2:

Mar. 31, 18438 113 05 United States 6
per cent. stock__| Jan. 3, 1843 |_--__--__.

Do. 540 00 United States 6

per cent. stock__| Jan. 4, 1843 |-________-
Jan. 12, 1844 4,231 85 United States 5
per cent. stock_-| Jan. 1, 1844

$635,634 85 $9,989 57

TWENTY-EIGHTH CONGRESS, 1843-45. QiFA

bonds, and stocks of the United States and State of Ohio, purchased
Smithsonian Institution, with the interest which has accrued thereon

Period to which interest has become due. ~
Total amount of

interest accrued

December | December} December} December | December es Bt,

81, 1839. | 31, 1840. | 31, 1841. | 31, 1842. | 31, 1848.

eS | ees |, | | aS

$30,000 001$30,000 00/$30,000 06|$30,000 00/$30,000 00 $159,619 57
480 00| 480 00, 480 00/ 480 00; +~—- 480 00 2,720 00
600 00 600 00, 600 00 +600 00; ~_—«600 00 3,000 00
390 00/ 780 00| 780 00/ 78000 —780 00 3,510 00

BRS Le 1,560 00| 1,560 00] 1,560 00| 1,560 00 6,240 00

Pat ick 450 00} 900 00} 900.00; ~—-900 00 3,150 00

Beuin r 180 00/ 360 00} 360 00| ~—-360 00 1,260 00

Bee yh _.| 1,440 00! 1,440 00 1,440 00 4,320 00

ee ee 2): “300 00l, 780 00) "780-00 1,950 00

J Ns ed oe 150 00} 300 00, + ~—-300 00 750 00

et oe A a, 20281 7104 7104 162 36

ANN to Ribs reel es aN oaligoigalaee 85140 64 71

ies $95. 2 Bee ema Le IE 96 1 08 2 04

BOP t ete (AE SS 16 75 32 40 48 15

eter eet) Boo) ates 2 87 2 28 8 15

Bee ese eres PRN 280; 28. 80 31 60

Pees Onis Se ee 24 84] 495 05 519 89

Rr eee eNO ae aes 6 75 6 75

eee veces ry BS YS a DS 32 18 32 18

$31,470 00/$34,050 00/$36,680 28/$37,348 57/$37,901 98 $187,390 40

CONGRESSIONAL PROCEEDINGS.

A

00 OOO‘OL |-~LPSL ‘o Aug SysOK May 9B [Blouses JOATEdDaA OY} YA soyRIg
paylug oy} Jo Jomusvery, oy} Jo Yposd oy} 07 poyisodap uns sity,
00: COO GES SSr Se eRe PECL Fe aR aa oS IPSI ‘9%
OUN LF S94BIC PIJLU LE OY} Jo Joinsvery, 94} Jo 9dGFZo 9Y} UL S9}RIG
peHUA oy} JO doansvery, Oy} Jo posto oY} 07 paytsodap uns sity,
00 OFL‘'9L | T#8T ‘Gg Aavnuee ‘yO X MAN YB [B19UIT JOATOIII BY} YTA\ £9}BIG
PeHUQ ey} Jo doansvary, ay} Jo Wpasd oy} 0} pozisodop wins siy Ty
00 069‘GL |-~~"OFST ‘OL Aine ‘yt Mon ‘BolaMY Jo yUVG oY} UL sazyRIGg
powug ey} jo Jounsvery, oy} JO JLpasd ay} 0} payisodep wins siqy,
00 069'GL I~ OFST ‘ef AuenuRe ‘orowNeg Jo yuBg Ul[yUBI, OY} UL S0}R1g
PONT oY} Jo doatusvory, oy} JO 41pad9 oy} 0} peztsodap wns si,

O0L008 Cla setmoueas 6ESI ‘T AINE ‘syodoneyy Oy} Jo YURG oY} UL saIRIg
pe}lUQ oY} Jo dornsBeiy, oy} JO Jtpaso oy} 07 pozsodep uns sty,
1S 619'68|--=-— SEI ‘gg lequiesagy ‘stjodosjopy oy} Jo Yu oy} UL soynIg

pewUQ oy} Jo Jonsve1y, oY} JO I1pato oy} 0} poztsodop wns sty,
: Za ‘Ainsvody, 04} OJUL PoAleo0d
useq oavy syueutdud Surmor[oy oy} ‘mans YyoIyAr Jo yuNOdDDv UO

LGBLESGO Le aes See Seen > CSRS pio as jo wins 04} (‘gq payist yustie}eys ued su) ‘ses
-uByIy Jo 94¥}g 04} Jo spuog uodn Uosti¥ suy ota} ‘wUNs SIq} JO
OF OC GTO lee saree el-ace p necralne tee a eae ea Seen eo Ses eon Seg ae a he ea at ‘epg ‘req

-ma00qq I8[g OY} 0} eseqound jo yep oy} Woy ‘s0}BIg PoyU)
aY2 PUB OLYO Jo o}¥Ig OY} JO Syo0}s puB ‘spuog 0}¥}g [BAAS
ey} uodn pondsooe sey YOM 4YsadeqUL JO JUNOWS e[OYM oY} BUY
(‘g poyasar) ‘yueume;R}s dJurAuedmoooe oy} WOAz Woes Eq ][TAL 4T

*predun pus
enp 4se19}UT

IST ‘2 “ANY

IFST ‘Og ouny
TP8T ‘T “q0uL
OFsI ‘er Aine
OF8I ‘8 “WT
6est ‘I Aine
Se8l 6% °C

‘VURIIGM SUT

*19A09 JO 9}¥qQ

‘CEST ‘Te daquacagy pindun pun anp bunuowas yunown ay, pwn ‘punf unruos

~yquuugy ayy fo yunovan Uo funsnaty, ay, 0JUA panrava, Usaq any Yyorym ysasaqur fo spuauhnd oyp Buamrquyca quawaynyy

0

273

1843-45.

TWENTY-EIGHTH CONGRESS,

#8 LE9'SLE

SL 169'86

00 O8F

00 OGF

00 09
00 OFG
00 OFZ

| 00 OFG

00 028

0} [ A[ng wouy ‘spun, o1yqnd yo says ey} Jo spasooid you 044
Jo ‘aJ81g ples Jo olvys oALINqIajsIp oy} Woy portdde uns siqy,
“ZEST ‘Og VUNL ONp sodeyUL Jo JUNOW SuIeq pus ‘ZFET ‘Og ouNnL
oy { Aasnuse wow ‘spuvy o1jqnd jo sores 043 jo speaooad oud
JO OIG pres Jo alvys EayNquysIp ey} Woy pordds ‘uns siqg,
Lap ea eee a ere a ee a ge RET Ce P81 ‘9
Ang ‘Yio X MON 7B [BINT AOAIOIeI OY Jo soUygo 044 UI ae
PIHUL) OY} JO JoInsvoty, oY} JO JIpeso OY} 0} paytsodep uns sIqT,
“LPS ‘T Aavnaqay ‘soywig powug oy} Jo Aunsvouy, oy} UL soyeyg
peyluy) oy} Jo deansvery, oy} Jo 4Ipeso oy} 0} poytsodep uns siyy,
---"OFST ‘OL ANE ‘“YIOR MON ‘Voloury jo yuR_ oY} UI s0qv1G
PIU oY} jo domnsvoelT, oY} JO 41pa10 oy} 0} poytsodep wns siyy,
“OFSI ‘ET Auvnuvye ‘orom[eg jo yuRg ulpyUBIy ot} UT soyRIG
peUUL, ey} Jo LoInsvaIT, oY} Jo I1pedd OY} 0} poyisodap wns siqy,
Parsee 6SSl ‘T Ajng ‘stodoajopy oy} Jo YuUB_ oY} UL seqBIg
papylU ys) og} Jo JauMsvory, OY} JO yiposo oY} 0} poyisodap wns sq,
Cina SESL ‘gz toqumaoeq ‘sijodomop_ 94} Jo yUB_ oY} UI saqBIg
peu oy} Jo AoInsBoly, oY} JO ILpato oy} 0% payisodap wns sIqy,
> ztA ‘ansvory, oy}
oyur pred useq cay suns Sutmoyjo} oy} ‘Gory Jo yUNODB UG

Cait cote kpinee 3s di peri SIAy cas RT cre ae Al eam a en OAULNST OUT (‘gq po ytevul

LE 629
6L Z8F'F

00 OFI‘T

quouleyeys dod sv) ‘uRsrqoIpT jo 383g 94} Jo spuoq uodn
UdSIIV OS[E SBY JOY} ‘pon10OB JsoloJUL JO JUNOUIB 9AOG’ 94} JO

a edad A aA i gas ee Jo ‘S$8L ‘Lge tequieoeq pisdun
pus ‘sesuvy1y jo 03839 043 Aq onp 4sodeyUl Jo aouL[Bq B SULATOTT

UEttee ace aAIsnpoul ‘gg ysusny oy [ Ainge wos PIOs spur
orqnd ey} Jo spesooid you oy} jo yunooow wo Buioq ‘uns sity,
TRB UR ga yh See EL GE. Ee Ee ZEST ‘Og cung oj T Arwen
-uB Woy ‘spuBl o1fqnd jo sayes oy} Jo speoooad oy} Jo ‘o}BIg
ples Jo oLvgs oAaryNqIysip ey} Jo yuNoodv uO Suteq ‘wns siyy,
“TPSL ‘LI toquiezdag ‘yo X MON ‘YuBg_ ,s}UBIOLETT OY} UI s9981g
pozylu ey} Jo JoAnsvory, 04} JO 4Lpoto OY} 0} pazisodep uIns SIq J,

SPST ‘0s Wady
ZPSI ‘9% “AON

IfSI ‘L “suy
TP8t ‘I “qa
OPSl ‘et Aine
Ost ‘8 “Gog
6geat ‘tT Arne
SE8I ‘6% “09d

ePSl ‘02 dy

ZPBL ‘EL ‘00d
LP8I ‘8L “deg

oo
re

nd

| 00 089'T |-ZFRT ‘1g Jequieseg enp jsoaojut jo yUNOW oy Zu10q pus ‘e787
| ‘ pies oyy onp ‘OPSI ‘6% qsnany O74 L Ane wody “spuvy orpqud

04} JO soles Jo spavdoad you oy} jo qupooos uo Sureq ‘uins siqy, | ¢F8t ‘oz Iudy
O0;098'S: Psu eentate yo can excess ae) eRe SPST, ‘OS

00 09%'8

eunf ONp 4sedoqUL Jo JUNOWB Suleq ‘ZFRT ‘Og ouNL 0} [ Aun
-uvp woud ‘spuvy o1jqnd oy} jo sayes Jo spooooad 044 jo ‘ay%I1g
Plvs Jo aIBYS OATZNQIAYsSIp oY} Jo yUNOd.OR UO Sutoq ‘uns siyy, | ZVF8T ‘el “qd
00 O89‘ |"~1P8t ‘9 Aine ‘yo MON 4 [BOUT JoAlOd0d OY} YIIA 80}v1G
peu” 94} Jo JoInsvory, oY} JO 41pet0 oY} 0} pozisodop uns sIgy, | IPB ‘L ‘“sny
O0"098: 2 | |(RARe nessa Taree soa aes Poarratecce IPSI ‘TL Arenuse
‘soyeqg pou) oy} jo Aansvorg, oy} oJUL OSIF SIFT ‘Z Aae
“nue ‘yIOX MON 7B [B1OUIS JvATOdeI 04} YA O81$—soqwIg
peu. 94} Jo Jounsvoely, oy} Jo 4Lpero oy} 0} poytsodop uns siqy, | [FBT ‘LT “qa
00 084 |-~~~OF8T ‘OT AINE ‘Y40X Mon ‘voNoMY Jo yUBg oy} UL soqUIg
peu oy} Jo JaInsvery, oy} JO 4Lposo oY} 0} pozisodop uns siyy | OFET ‘et Ane
} > 21a ‘Linsvaly, oy} OJUL poatodood
uveq oAvy sjusmAvd Sutmojoj og} ‘wns YyoryA jo yUNODDB UC
001008) TWlt acs S78 al saat aaa oes eR eee Oe ee jo wns 04} (‘g poxyseur
quouleywys sod sv) ‘stour[y Jo oye}g OY} Jo spuog uodn uesi4e
sBy O10} ‘PAOGB SB pansooB YsotoJUL JO yUNOUIB vq} Jo ‘osTy

CONGRESSIONAL PROCEEDINGS.

QOOS RRR se Eee oor poe ees Sena ane Eee oe Jo ‘ep8I ‘1g roquiooag ‘predun
—_—— pus ‘uBsiqolp_, Jo e484 oyy Aq onp 4ysotoqUL Jo ooOUR] eq B SULABOTT
| 00.0728 |———_ —— §
OOV0FH:. PAID vi gae ze eine Tesh ears ~"> BFSI ‘Te Joquiecaq
ONp 4Se10jUI JO JUNOMB Zuleg pus ‘oAIsNIOU! ‘ZHRT ‘6g JsNSNW
‘predun pus *qUBIIVA SUL
anp jsa10yUT -19A00 JO 0}8q
=
s ‘ponurja0g—y

275

TWENTY-EIGHTH CONGRESS, 1843-45.

00 098‘

N N
wD w
1D 1D
oO om

00 OFS
00 OFS
00 OFg
00 OFS

PPSL ‘p Arenure ‘stjodosjep_ oy} Jo yuvg oy} Ut soyRIg
| powlUQ oy} Jo Jornswody, oY} JO I1paad 04} 07 pojtsodep wns siqy,
- Sas pena SPSL ‘IT Atng ‘stodoajey oy} Jo yuRG oi UL s23%19
peu OY} JO JOINSvodT, 84} JO JLposo oYy 0} poyisodop wns sIyy,
aoa aes SPSL ‘g Aawnuve ‘stjodoajoy_T oy} Jo yuLg oy} UL sezBIg
pevUuy oy} Jo Jornsvery, oy} JO 4yLpedo oyy OF poyisodap wns siyy,
algae ZPSI ‘GT ysusny ‘stjodoayoyy oy} Jo yuRg oq} UI s97R1g
PIHU OY} JO AoINsvEIT, OY} JO FIpoID OY} 07 poytsodop wins sIyy,
Sacer ZPSL ‘Gz Auvnuee ‘stjodoyey_ oy3 Jo yu oy ur s07R1G
PIU OY} JO JOANSBELT, OY} JO ZLpato oY} 07 pozisodop vans sIqy,
221A ‘Kansvoay, oY} OJUL paaloood
useq ose oABy sjuouAvd Suarmoy{oy oy} ‘OIG Jo yUNODDG UO
-----jo wins oy} ‘se7BIQ poyLUGQ, oY} Jo y04s ‘quoo aod $e uodn
‘ponso0¥8 4so19}UL JO JUNOMB 9A0QB oY} Jo ‘udsTAR OSV sBY O10,

“PPST ‘GZ Aawnuee ‘y10X MON ‘edsoMWOD Jo yUB oY} UI seqBIG
po}lU) 04} JO Joinsvory, OY} Jo 4Ipes0 Oy 07 pozisodep wns sry,
“-- epgt ‘T A[ng ‘x10 MON ‘oo1owWIOD Jo yuR_ oy} UI s0yRIg
peu oy} JO JoAnsvery, oy} JO 4Ipe1o 94} 0} poyisodep wns siqy,
““ePgl ‘p Arvnuve ‘yI0X MoN ‘voloury Jo yuRg oY} UT 807819
peu oy} JO JoINsvory, OY} JO 4Ipodo oY} 07 poytsodap wns sq,
-"" epgT ‘2 ADE 'yAOR MON ‘ooLouUIMIOD Jo yUBY oY} UI sozBIg -
peHuy oy} JO JoInsvery, oy} Jo y1paao oY} 07 poytsodop wns siqy,
“GPT ‘g Aavnuve ‘x10 XK MoN ‘oo19UIMIOD Jo yuBg oY} UI se}v1g
peu ey} Jo JoInsBaly, 94} JO yIperd oY} OF pozisodep wns sIqg,
> Z1A ‘Ainsvoly, 94} OJUL poateoed
uoeq oAvy sjuowAvd SutMoy[oj oy} ‘uns YoIyA Jo yUNODDB UG

a a Be I CO jo wins 04} (‘g

poyaivu yuowsze4s rod sev) ‘909s [eB OLYO Jo soyvoyT}400 uodn
‘udslIB O3[8 SBY O104} ‘pen100B 4sorOJUT Jo JUNOMIG 0A0Q8 9} JO

Gn SSSA SS ian Antes SES SER Ten oe ne JO” Che tongmommmone GEbmuuun pus
‘s10UIT[T Jo 93419 943 Aq oNp 4JsodeyUL Jo COUB[Eq B SUIABOT SNI,

FREI ‘F “UBL
SPST ‘Oe Aine
SFSI ‘eg “uBe
ZEST ‘Go “SuY
ZPRT ‘TE “AVY

PRST ‘F ues
Sper ‘9 Ane
SFSI ‘9 <“uBE

ZPst ‘6 Aine
ZPSI ‘1S “28

CONGRESSIONAL PROCEEDINGS.

-276

OF 068° L81S. |=
9¢ Z98‘LOL

OGG O Lire | eee Serb ee eee eres Se eer ek ee aig Yee et DOLE Oy LU (i)
vy} Jo yooys “yueo aod Fq uodn poaredor qsouoqul Jo yuNnoMYW

OES OL Neer ete a | Sete pate eee Pee oe oni eee RN Cals a te a eee ee 8048S

peta oy} Jo yoo4s “Judo rod 9 uodn poatoood yso10}UT Jo JUNO
00 00 Cel ~y00}s [BUD OIG “Que Jed g uodn poAtodoed Jso10UL JO JUNOULW
OOS Salas “SIOUTT[T JO 9}%Yg oY} Jo spuog uodn poatooo.s JsotoyUL Jo JuNoOWW
OOLORE Gene Oe “UBSIQOLT JO 07¥1g oy} Jo spuog uodn poatooo Jsor0qUL JO JUNOUTW
BL T6080 Gs leeceeaet at |g eeeene rer = nes eee ene ee eg oe eee susuBy

#8 169'6L8

‘piedun pus
anp 4so10}UT

-1V JO 0}8}g 04} Jo spuog uodn poadteood yso10}UL Jo JUNOWW
‘diVd ISHAXLNI 40 NOILVINLIAVOTU
Fae a eee oe | EPSL ‘Tg ‘oeq predun Sutures pue ‘onp ysosoqUL Jo yunNoMW

LE 80L eo:
re 9909). \saRS==5 PPSL ‘pF Arvnuve ‘stjodoujey_ 94} Jo yuvg oy) Ur soqBIg
pewlup) oY} Jo leInsvary, OY} JO YIposd oY} 0} poytsodop uns sIqy,
Gcnlocee sa aaa S81 ‘TL Aloe ‘stjodoaqeyy oy} Jo YUBG oY} Ur soqBIG
paytuy OY} Jo JoInsvoly, oY} JO pe1o oY} 07 pozisodop wns situ,
SOO San laa ane CPST ‘g Auvnuve ‘stjodoajop_ oy} Jo yUL_ oY} UT soqRIg

peyluy oy} JO LoInsvory, ey} JO J1ped0 oy} 0} poyisodep uns sit,
221A ‘XaiusBody, OY} 0FUL

poatedar useq oABY sjuowAvd SuLMoT[oF Oy ‘GOIYA Jo JUNO’ UG
LP-SOLe Slee Se has eee E Bee ASS Sia ae eee nea = 2 eee jo wins
oy} (‘gq poyxreu yuouIe}eys aod) ‘sayvIg poylUG, ey} Jo Yoo4s

‘yu00 aod g uodn ‘osye ‘yunome oA0ge oY} Jo UaSsIIe sey OLOY,

‘penuyu09j—y9

PHBL ‘fF “Use
epst ‘oz Aine
EPSI ‘g ‘uve

—

‘JOBIIVA SUL
-19A09 JO 048]

TWENTY-EIGHTH CONGRESS, 1843-45. 277

DE:

TREASURY DEPARTMENT, July 14, 1838.

Sr: The public service at the west will probably require, in the course
of a few weeks, considerable sums of money for disbursements on account
of the army and Indian department. Should your bank find it convenient
to meet drafts for any part of the balance due from you to the United States,
payable at its counter, I will cheerfully direct the Treasurer to place such
drafts upon you for such amounts, as you shall advise me immediately will
be paid by your bank. They will probably be required in specie. The
sums paid will be carried to the credit of your bank, and stop interest from
the date of payment. Should your bank have at command State stocks,
which it wishes to dispose of in discharge of its proportion of the two last
installments of the bonds of the State Bank of Indiana to the United States,
and will describe their character, and the lowest price at which they will
be sold upon payment in the mode mentioned, this department, having
funds to invest in State stocks, will be glad to receive a proposition on the
subject at your earliest convenience.

These suggestions are made under the belief that some benefit may result
to all parties by such arrangement.

Tam, &c., L. Woopsury, Secretary of the Treasury.

PRESIDENT OF THE BRANCH OF THE STATE Bank oF INDIANA, Madison.

A similar letter was addressed to President of the Bank of Michigan ;
President of the Planters’ Bank of Mississippi; President of the Branch
of the Bank of the State of Alabama, at Mobile; President of the Agri-
cultural Bank of Mississippi; President of the Farmers’ and Mechanics’
Bank of Michigan; President of the Branch of State Bank of Indiana, at:
Lawrenceburg ; President of the Branch of State Bank of Indiana, at New
Albany.

D 2.

Extract of a letter from the President of the Branch Bank, Madison, In-
diana, dated Washington, August 3, 1838, in reply to the letter from the
department, dated July 14, 1838.

The Branch of the State Bank of Indiana, at Madison, will furnish your
department with Indiana 5 per cent. internal improvement bonds, princi-
al and interest payable in New York, to the full amount of the debt that
peach owes your department, at par.
Hon. Levi Wooppoury, Secretary of the Treasury.

D 3.

AGRICULTURAL BANK, NaTcHEZ, July 26, 1838.

Sir: Your favor of the 14th instant, addressed to the president of this
bank, has been received. After thanking you for the suggestions it con-
tains, I am to inform you that our agent in the north, Alvarez Fish, Esq,,
formerly our president, is instructed to open a negotiation for the purchase
of $600,000 of the bonds of this State, now being offered in the northern
market, provided he can dispose of them to the Government in liquidation
of the balance due the Treasury, and to correspond with you upon the sub-
ject. Our directory feel somewhat sanguine of the success of these nego-
tiations, which will supersede the necessity of our making arrangements to
meet the drafts of the Treasurer here, and will be a more convenient mode
of payment for us.

Very respectfully, your obedient servant,
A. P. MERRILL, Cashier.

Hon. Levr Woopsury, Secretary of the Treasury.

.

278 CONGRESSIONAL PROCEEDINGS.

D 4.

* Notice. }

The money bequeathed by the late James Smithson, Esq., of London, for
founding an institute in the city of Washington, amounting to about halfa
million of dollars, will, it is expected, be received during the present month.
By an act passed July 7, 1838, the undersigned is directed to invest the
same ‘in stocks of States, bearing interest at the rate of not less than five
per cent. per annum.’’ He is now prepared to receive proposals from per-
sons who have stocks of this description to dispose of.

Lrvi Woopsury, Secretary of the Treasury.

TREASURY DEPARTMENT, August 6, 1838.

1 Ds
New Yor, August 8, 1838.

Dear Sir: We discover, by an official notice from the Treasury Depart-
ment of the 6th instant, that you are directed by an act of Congress, passed
July 7, 1838, to invest the money bequeathed by the late James Smithson,
of London, for founding an institute in the city of Washington, in the stocks
of States bearing interest at the rate of not less than five per cent, per
annum; and that you are now prepared to receive proposals from persons
having stocks of this description to dispose of.

We take the liberty to inform you that, by virtue of the act of the Leg-
islature of the State of Mississippi incorporating the ‘‘ Mississippi Union
Bank,’’ we are charged with the disposal of five millions of the bonds of
the State, bearing interest at the rate of five per cent. per annum, and pay-
able in twelve and twenty years, and at such place or places as we may
designate. And we have now the honor to submit for your consideration
a proposition for the sale of an amount of five hundred thousand dollars
of those bonds—payable at any place in the United States or in England
you may designate, and extinguishable in twelve or twenty years.

We shall await in this city your answer to this communication.

With considerations of high respect, your most obedient servants,

Epwarp C. WILKINSON.
J. WILKINS.
Hon. Levi Woopevry.

D 6.
New York, August 8, 1838.

Sir: Noticing the advertisement of the 6th instant for offers of State
stocks for the investment of money bequeathed by the late James Smithson,
we beg leave to offer sixty thousand dollars Indiana five per cent. State
stock, with the privilege, on receipt of the Secretary’s reply, of making the
amount one hundred thousand dollars, at par. The stock to be delivered,
at our option, on or before the 1st November next.

Respectfully your obedient servants,
OapEN, Frrauson & Co.

Hon. Levr Woopsury, Secretary of the Treasury, Washington.

Dive
PHILADELPHIA, August 8, 1838.
Sir: I have observed your notice inviting proposals for the sale of State
stocks.
I have in my possession $76,250 of the bonds of the State of Tennessee
5} per cents., redeemable in 1862 and 1863. The interest payable semi-

* Published in the Globe newspaper.

TWENTY-EIGHTH CONGRESS, 1845-45. 279

, annually, at any point in the United States you may desire, and guaranteed
by the Planters’ Bank of Tennessee.

“They are the same which I had the honor, by letter, some time since,
from Nashville, to propose to sell you; and again, recently, in person at
Washington.

I am desirous of obtaining par for them, if possible, as they cost that;
but having determined to resume specie payments shortly, and being very
desirous of liquidating the debt due to the Government, renders it neces-
sary to dispose of them, even if we have to submit to a loss. I therefore
propose to sell you the above bonds at 99}.

I shall esteem it a great favor if you will inform me (directed to this
city) when your decision will be made known. My object in making the
request is, that I am desirous of returning to Tennessee as soon as possible,
and this is the only business that detains me. If you could, consistently,
take these bonds from me immediately, at a price that would be satisfactory
to you, it would do me a great favor, and I would bring them to you imme-
diately.

i have the honor to be, very respectfully, your obedient servant,
M. Watson, President of the Planters’ Bank of Tennessee.

Hon. Levi WoopBury.

D 8.
New York, August 8, 1838.
Str: We will sell any part of $200,000 Michigan six per cent. stock, in-
terest and principal payable here, at par. The interest since the lst of July
to be included. This stock has about twenty years to run, and is in bonds
of $1,000 each.
Your obedient servants, JOHN WARD & Co.
Hon. Levit Wooppoury, Secretary of the Treasury. -

DE:

PETERSBURG R. R. Co. OFFICE, August 8, 1888.

Srr: I have observed in the ‘‘ Globe” of the 6th instant, your notice of
that date, relating to an investment ‘of the money bequeathed by the late
James Smithson, Esq., of London, in State stocks, bearing interest at the
vate of not less than five per cent. per annum.”’

I beg leave to state that the Petersburg Railroad Company, which I rep-
resent, holds one hundred and fifty thousand dollars ($150,000) of stock of
the State of Virginia, which bears an interest of five per cent. per annum,
payable semi-annually, in specie or its equivalent, and issued under the
authority of the act of the General Assembly of Virginia, (herein enclosed,)
which they are willing to sell, and for which they will take par.

As we are anxious to dispose of this stock soon, either in this country or
in Europe, your early decision will oblige us.

With great respect, sir, your friend and servant,

CHARLES F. OsBporne.
Hon. Levit Woopsury, Secretary of the Treasury.

D 10.

BANK OF VIRGINIA, August 8, 1838.
Str: Observing your ‘‘notice’’ in the Globe, inviting proposals from
persons who have State stocks to dispose of, I now offer you one hundred
and fifty thousand dollars of the stock of the Commonwealth of Virginia,
bearing six per cent. interest, payable at the treasury of Virginia semi-
annually, (Ist July and January,) in specie or its equivalent. The stock
has twenty years to run from the 23d February last. I will take $105 for

280 CONGRESSIONAL PROCEEDINGS.

every hundred dollars of stock ; the interest accruing from the Ist of July
to the date of transfer to be allowed by the purchaser.
I have the honor to be, sir, yours, very respectfully,
JOHN BROCKENBROUGH.
Hon. Levi WoopBury.

Di
New York, August 8, 1838.

DEAR Str: We noticed your request for the proposal of sale of State
stocks, bearing 5 per cent. interest. We renew our offer to sell $105,000 of
Louisiana State bonds, interest payable semi-annually, Ist January and
July, at the Mechanics’ Bank, New York. These bonds are in London.
We will sell them at $98 for $100, you to allow the interest that may accrue
on the day of delivery. They will be received here in 60 days.

We wish to be favored with an answer, that we may write to London by
the steamer Great Western. You have been furnished by us with the law,
&c., &e.

Very respectfully, S. & M. ALLEN.

Hon. Levi Wooppury, Secretary of the Treasury.

D 12.
SEconD AUDITOR’s OFFICE, RICHMOND, August 9, 18388.

Sir: The attention of the board of public works of Virginia having
been attracted to your notice respecting the investment of the money re-
ceived for the Smithsonian legacy, inserted in to-day’s papers of this city,
I have been instructed to make the following proposals in their behalf:

1. They will give five per cent. stock of the Commonwealth of Virginia,
at par, for the whole amount of the legacy, provided it does notmuch exceed
half a million of dollars; or,

2. They will give for part of said legacy, two hundred and fifty thousand
dollars ($250,000) of six per cent. stock, at the rate of one hundred dollars
in stock for one hundred and five dollars in money.

The interest on the stock will be paid semi-annually at the treasury of
the Commonwealth. It is irredeemable for twenty years, and redeemable
afterwards at the pleasure of the General Assembly; and the pledges and
securities for the payment of the interest, and the ultimate redemption of
the principal, are of the most ample character.

Should you desire more specific information, it will be promptly fur-
nished.

I have the honor to be, sir, your obedient servant,
J. Brown, Jr., Second Auditor.

Hon. Levi Woopsury, Secretary of the Treasury.

D 13.
/ PortsMouTH, Va., August 9, 1838.

Sir: I have at my disposal seventy-three thousand dollars of five per
cent. Virginia State stock, irredeemable for twenty years from the 18th
June, 1888, and afterwards to be redeemed at the pleasure of the General
Assembly of Virginia. The interest payable at the treasury of the State,
on the Ist January and July in each year. I offer it (or any portion of it)
to you at par. An early answer is desired.

Respectfully, &c., Wo. H. WItson.
Hon. Levi Woopsury, Secretary of the Treasury.

D 14.

FARMERS’ BANK OF VIRGINIA, RICHMOND, August 9, 1838.
Str: I observe by your public notice that you are prepared to receive

TWENTY-BIGHTH CONGRESS, 1843-45. 281

proposals, under the act of the 7th July, authorizing the investment of the
money bequeathed by James Smithson, Esq., ‘‘ in stocks of the States bear-
ing an interest at the rate of not less than five per cent. per annum.”

I have the honor to propose to your acceptance, under the act, one hun-
dred and fifty thousand dollars of the stock of the Commonwealth of Vir-
ginia, bearing an interest of five per cent., payable semi-annually, and the
principal redeemable at the end of twenty years from the 18th June last.
This 1 offer at par.

Should the number of proposals, or other reasons, lead you to decline
taking the whole of the stock, then such portion of it as you may be willing
to take is offered to your acceptance.

Begging to be apprized of your decision, I have the honor to be your
obedient servant, &c., Won. H. MacrarLanp, President..

Hon. Levi Woopsury, Secretary of the Treasury.

D 15.
New York, August 9, 1838.

Dear Str: We observe that you advertise for proposals for State stocks
to invest the Smithsonian fund in. We are unable to determine whether
the matter will be open for negotiation, or whether you will accept the best
offer made under seal. Wehold one hundred and seventy thousand doilars
five per cent. stock of a northern State, which we would like to propose or
negotiate for; or, if within the limits of the law directing the disposal of
the fund, we would pay interest for the money, and give the stock as col-
lateral, .

If your time will permit, we shall feel obliged by an explanation on these
points ; and will become applicants for one hundred and seventy thousand
dollars of the fund, in the way we think will be most satisfactory to the
Government.

Respectfully, your obedient servants, PARKER & Co.

Hon. Levi Woopsury, Washington, D. C.

D 16.
ALBANY, August 9, 1838.

Sir: I will let you have $33,000 New York State five per cent. stock,
redeemable in 1855, at two per cent. premium, and interest from the last
dividend—say Ist July. The last five per cent. stock issued by this State
was sold at public auction, in the city of New York, about forty days since,
and the highest price bid was one per cent. and ,89,. Since which, I have
sold in New York fifty thousand dollars of the same stock offered to you at
two per cent. advance, being precisely what I offer it to you for.

Allow me to request an early answer, as I am unwilling, by locking up
the stock, to forego the chance of doing as well, or better, should an oppor-
tunity present.

I have the honor to be, your obedient servant,
TuHos. W. OxLcorr.

Hon. Levi Wooppury, Secretary of the Treasury.

Deli.
Avaust 9, 1838.

Str: In the Washington Globe, of date 6th instant, I notice an official
invitation to the holders of State stock to make an offer of sale, for the in-
vestment of the funds obtained under the Smithsonian bequest. I have one
hundred thousand dollars of Indiana internal improvement State stock,
payable twenty-five years from Ist July, 1888, bearing an interest of five
per cent., payable semi-annually in the city of New York; which I offer
to the Department at 98 cents on the 100 cents of the principal. Your

282 CONGRESSIONAL PROCEEDINGS,

reply, should the offer be accepted, addressed to No. 15 Wall street, N. Y.,
will be promptly attended to.
Should references be required, I am personally known to the President.
Your obedient servant, Simeon B. JEwItTTvT.
Hon. Levi Woopsury, Secretary of the Treasury.

D 18.
LovIsvILLeE, August 13, 1838.

Str: I have this moment seen, over your official signature, a notice to
the public, stating that you are ready to receive propositions relative to the
investment, in State stocks, of the fund (say half a million) bequeathed by
James Smithson, Esq., for the purpose of founding an institute in the city
of ‘Washington ; which fund you are authorized to dispose of in this way,
by act of July 7, 1888.

Application is hereby made, in behalf of the Mississippi Union Bank, for
a loan or purchase of the whole amount of this fund when in your hands
for disposal. The bank offers, as security or equivalent, the bonds of the
State of Mississippi, bearing interest at the rate of 5 per cent. per annum;
interest and principal made payable at such places as may suit the conve-
nience of the purchaser ; which bonds she holds to the amount of $15,000,-
000, with ample power to negotiate and sell the same, as prescribed in the
first section of the original act incorporating said institution, by the direc-
tors of the bank themselves, or, as expressed in the 9th section of the sup-
plemental act thereto appended, by the agency of commissioners appointed
for that purpose.

For the nature of the security, the general terms of the negotiation, the
form and condition of the bonds, &c., &c., you are respectfully referred to
the 4th, 5th, 6th, 7th, 8th, and 9th sections of the original act above re-
ferred to, a copy of which, with the supplement, is herewith transmitted
for your inspection.

This letter is not official from the bank, as the board of directors have
not been in session since the publication of your notice, and consequently
could have no action upon the subject. It will be recognized, however, as
such, by the board, at their first regular meeting, (the 10th of September
next,) when a copy of it will be laid before them.

For any information which may be required, should there be a prospect
of effecting this negotiation, please address president and directors, or Hon.
H. G. Runnels, president of the Mississippi Union Bank, at Jackson, Mis-
sissippi; and, if necessary, an agent will be immediately appointed by the
bank, who will see you, in person, on the subject of the negotiation, at
Washington. The acknowledgment of the receipt of this communication,
directed as above, so as to meet the board of directors of the bank by the
10th of September next, will confer a favor on them, and oblige,

Very respectfully and truly, your obedient servant,
Joun J. McRag,
Member of Board of Directors of Mississippi Union Bank.

To Hon. Levi Woopnury, Secretary of the Treasury.

DAO:
EastTerN BANK, BANGOR, MAINE, August 18, 1838.

Dear Sir: I have noticed a paragraph in the public papers of the day,
upon the subject of the Smithsonian bequest, where, after alluding to the
act of Congress directing the Secretary of the Treasury to invest the samo
‘in stocks of SrarEs, bearing interest at the rate of not less than 5 per
cent. per annum,” it is stated that you are now prepared to receive proposals
from persons who have stocks of this description to dispose of.

I am directed to say to you that this bank has a Maine State scrip, issued
agreeably to law, dated March 23, 1838, for the sum of $4,500, payable in

TWENTY-EIGHTH CONGRESS, 1843-45. 253

five years from date, with interest annually, at the rate of 5 per centum;
which we offer for your consideration.
Very respectfully, your obedient servant,
W. 4H. Mitts, Cashier,
Hon. Levit Woopsury, Secretary of the Treasury.

D 20.

EASTERN RAILROAD OFFICE, Boston, August 14, 1838.

Sir: I notice your advertisement of the 6th instant for proposals for the
purchase of State stocks, and beg leave to offer you $100,000 of Massachu-
setts State scrip, payable twenty years from Ist September next, bearing
interest at the rate of 5 per cent., payable semi-annually.

We are just advised of a large sale of the scrip of this State in London,
at a premium of 4 per cent.; at which rate I am authorized to sell the
$100,000 now offered to you.

The last issue of scrip which I received for same amount of the Com-
monwealth, I sold all at 5 per cent, If the rate named should be at a
greater premium than you can purchase at, I shall be happy to receive an
offer, which I will communicate to the directors of this company.

Tam, sir, very respectfully, yours,
B. T. Reep, Treasurer.

SECRETARY OF THE TREASURY.

D 21.
Bank or KENTUCKY, LOUISVILLE, August 14, 1838.

Sir: I take the earliest opportunity of acknowledging the receipt of
yours of the 4th instant.

Having already made such arrangements as will reduce the debt to you
from this institution to $300,000, I am willing to give that amount of the
bonds held by you at par. Should this arrangement satisfy you, please
advise me as early as possible.

Your obedient servant, W.H. Porn, President.

Hon. L. Woopbury, Secretary of the Treasury.

D 22.
State Bank oF INDIANA, August 14, 1838.

Sir: For the purpose of a prompt adjustment of the balance due to the
United States on account of public deposits, I take an early occasion to
comply with the authority given me by the directors of this institution ;
and therefore, propose that such balance due from this institution, on ac-
count of public deposits to the United States not otherwise arranged for,
shall be forthwith paid by this institution in the bonds of the State of In-
diana, bearing 5 per centum interest, and payable, both principal and
interest, at a bank in the city of New York—the principal at the expiration
of 30 years, and the interest semi-annually. This proposal is intended to
include, also, the future installments of our deposit debt.

An early answer is requested, and it is trusted that this mode of your
realizing these means, and of adjusting an unsettled account, may be
approved.

I am, respectfully, your obedient servant,
S. MERRILL.

Hon. Levi Wooppury, Secretary of the Treasury.

D 23.
WasHineton, August 14, 1838.
Sire: For one hundred and fifty thousand dollars of the Smithsonian

284 CONGRESSIONAL PROCEEDINGS.

legacy, advertised for investment in State stock, I offer one hundred and
fifty bonds of Virginia State scrip, of $1,000 each, bearing an interest of
5 per centum, payable semi-annually, and redeemable in twenty years. By
an act of the Virginia Legislature, passed last April, the board of public
works are authorized to pay the interest on this loan, in specie or its equiv-
alent. A decision is expected at an early day, and any information pre-
viously desired will be furnished promptly by,
Very respectfully, your obedient servant,
JOHN BRUCE,
President Winchester and Potomac Railroad Co., Winchester, Va.

Hon. Levi Wooppury, Secretary of the Treasury.

D 24.
New York, August 14, 1838.

Sir: In accordance with the proposal made by you for State stocks, we
offer you two hundred and fifty thousand dollars of bonds of the State of
Illinois, payable in 1860, bearing interest at the rate of 6 per cent. per
annum, payable semi-annually, in July and January, at the bank of the
United States in Philadelphia, or at their agency in New York, at the
option of the holder—at one hundred and four dollars for every hundred
dollars of stock ; the interest which shall have accrued from the Ist of July
last to be paid to us.

We are, very respectfully, yours, NEVINS, TOWNSEND & Co.

Hon. Levi Wooppury, Secretary of the Treasury.

D 25.
New York, August 15, 1888.

Dear Sir: We have yours of the 13th before us. The stocks we hold
are the bonds of the State of Maine, payable in 1848, bearing an interest of
5 per cent per annum, payable in Boston, annually. They are worth par
here, for the purpose of investing in banking, under the general law; but
if we could have an answer at once, we will sell $170,000 at 983 per cent.
This is three per cent. below the market price of the bonds of the States of
New York and Pennsylvania, which are only preferable to Maine as a
remittance to Europe.

The financial condition of Maine is equal to any State in the Union; her
whole indebtedness is but $554,000, and the banks are all obliged to loan
the State 10 per cent. of their capital, at 5 per cent. per annum. We can-
not hold ourselves bound for any given time to sell the bonds at this rate,
but will accept it, if not otherwise disposed of, on receipt of answer. We
know it to be a better investment than can be made in the bonds of any
State, especially such as are indebted to such an extent as to make the
prompt payment of interest and principal a matter of some doubt.

Respectfully, your obedient servants,
ParKER & Co.

McCriintock Young, Esq.,

Acting Secretary of the Treasury, Washington.

D 26.

PETERSBURG RAILROAD OFFICE, August 18, 1838.

Sir: On the 8th instant I had the honor to address you, offering you
$150,000 of Virginia 6 per cent. stock, at par. Since then, I learn that my
friend, Wm. H. Macfarland, president of the Farmers’ Bank of Virginia,
had submitted a similar proposal to you. His proposal and mineare for the

TWENTY-EIGHTH CONGRESS, 1843-45. 285

same stock. Therefore, you will serve both of us by accepting either his or
my proposition.
Begging your favorable consideration,
I remain, sir, with great respect, your humble servant,
CHARLES F. OsBorne.
Hon. Levi Wooppury, Secretary of the Treasury.

D 27.
New York, August 18, 1838.
Dear Six: We have the honor to acknowledge the receipt of yours of
the 153th instant ; and, in reply, have to inform you, that, owing to its delay
in reaching us, a negotiation for the whole amount of the Mississippi bonds
had been previously set on foot.
We are, therefore, under the necessity of asking permission to withdraw
our proposition,
Very respectfully, your obedient servants,
EK. C. WILKINSON,
J. C. WILKINS,
By KE. C. WILKINSON.
Mr. McCuintock Youna, Acting Secretary of the Treasury.

D 28.
New York, August 20, 1888.

Sir: The fand commissioners of Indiana will furnish Indiana 5 per
eent. bonds having 24 to 25 years to run, from Ist July last, interest paya-
ble semi-annually, in New York, at par, to the amount of from one to five
hundred thousand dollars; and will receive therefor, either cash or the
bonds of the State Bank of Indiana.

I would inquire when I may learn whether our proposition is accepted.

For the fund commissioners of Indiana,
Isaac Cor, Fund Commissioner.

Hon. Levi Wooppury, Secretary of the Treasury.

D 29.

THE BANK OF THE STATE OF Missouri, Sr. Louis, August 23, 1838.

Dear Sir: I have lately seen your advertisement for proposals for the
investment of the Smithsonian legacy in State bonds, &c.

I should be pleased to sell $114,000 of Missouri State bonds at 54 per
cent. interest, payable semi-annually in the city of New York, and the
principal redeemable twenty-five years after negotiation.

These bonds have been sent'to London for sale, but can be withdrawn at
any time, if not sold. I would, therefore, propose to sell them to you at 2
per cent. premium, subject to the sale in London. If not sold upon the
arrival of the order in London for returning them to the United States,
the sale will take effect, and the bonds be returned without delay, and de-
livered to you.

I have the honor to remain your obedient servant,
JoHN SmiTH, President.

Hon. Levi Wooppury, Secretary of the Treasury, Washington City.

D 30.

TREASURY DEPARTMENT, August 23, 1838,

Sir: Referring to your offer to sell to the department $500,000 of 6 per
cent. Arkansas State bonds at 99,8, per cent., I have to request that you

286 CONGRESSIONAL PROCEEDINGS.

will submit for my examination the law of the State authorizing the issue
of the bonds, and the form of the bonds. If both be satisfactory, I am
willing, on the arrival of the money, to take the net amount (which will
not be far from half a million of dollars) at the rate offered by you, as it is
the lowest bid.

It is expected that the money may be by this time in New York.

I am, very respectfully, your obedient servant,
Levi Wooppury, Secretary of the Treasury.
W. W. Corcoran, Esq.

[ Enclosure. ]

This writing is given to show that the interest due on the bonds of the
State of Arkansas, at this date, bought by me of Wm. Corcoran, Esq., be-
longs to said Corcoran when the same is paid to me.

Levi Wooppury, Secretary of the Treasury,

TREASURY DEPARTMENT, September 4, 1838.

D 31.
BALTIMORE, August 29, 1838.

Str: Under your notice of the 6th inst., we now propose to furnish yow
with the amount of stock required for vesting the Smithsonian bequest—
say ‘about half a million of dollars ’”—in Indiana State stock, at 1 per cent.
under the par value, or at the rate of ninety-nine for every one hundred
dollars.

This stock bears an interest of 5 per cent. per annum, and is payable
semi-annually at the Merchants’ Bank in the city of New York.

If this offer be accepted, the certificates of stock, or bonds, which are
now in Europe, will be delivered at the earliest period—say in about fifty
days, or sooner if practicable ; payment to be made us upon the delivery of
the bonds.

We have the honor to remain, with the highest respect, your obedient.
servants. J. I, Couen & BROTHERS.

Hon. Levi Wooppury, Secretary of the Treasury of the U. S.

D 82.

Tar BANK OF THE State oF Missouri, St. Louis, August 31, 1838.

Dear Sir: Ihave the honor to refer you to my letter of the 23d inst.,
and beg leave now to modify the proposition therein for the sale to you of
$114,000 Missouri State 5} per cent. bonds.

Instead of 2 per cent. premium, I would agree to sell them at par, paya-
ble in the city of New York, subject to the restrictions and conditions con-
tained in my letter above referred to.

I have the honor to remain, your obedient servant,
Joun SMitTH, President.

Hon. Levi Woopsury, Sceretary of the Treasury, Washington City.

D 38.
SMyrna, September 10, 1838.

Dear Sir: I saw in the Globe your advertising for stocks bearing inter-
est not less than 5 per cent. I have a certificate of stock on the borough of
Wilmington, Delaware, for one thousand dollars, bearing interest at the
rate of 5 per cent., which I will sell you at par. There cannot be any safer
investment. Please let me hear from you.

Respectfully, Jno. 8. LAMRDEN.

Hon. Levi Woopsury.

TWENTY-EIGHTH CONGRHESs, 1845-45. 287

D 34.

TREASURY DEPARTMENT, December 380, 1839.

Sir: In a few days I expect to have twenty thousand dollars to invest in
State stocks on account of the Smithsonian bequest. If you have such,
that you wish to dispose of, be pleased to inform me of the terms, &c.

Iam, &c., L. Woopsury, Secretary of the Treasury.

Hon. J. K. Paupina, Secretary of the Navy.

D 85.

TREASURY DEPARTMENT, December 27, 18389.

Sir: Early next month I shall have twenty thousand dollars to invest in
State stocks, on account of the Smithsonian bequest. Be pleased to inform
me, if you have such for sale, the time they have to run, the interest they
bear, &c., and the lowest terms you can furnish them.

Iam, &c., L. Woopsoury, Secretary of the Treasury.

CHARLES J. Nourse, Esq., Washington City, D. C.

[Copies were sent to Hon. F. Thomas, president of the Chesapeake and
Ohio Canal Company ; to W. W. Corcoran, Washington, D. C.; to J. D.
Beers, Esq., New York city ; and to Joseph White, Esq., Baltimore, Mary-
land. }

D 36.

Navy DEPARTMENT, December 31, 1839.

Str: I have the honor to acknowledge the receipt of your letter of the
30th instant.

In reply, I have to state that I cannot ascertain whether I shall have any
State stocks to dispose of until to-morrow, when I will communicate with
you upon the subject.

I am, respectfully, your obedient servant, J. K. PAULDING.

Hon. Levi Wooppoury, Secretary of the Treasury.

D 37.

WasHINGTON City, January 15, 1840.

Dear Sir: In reply to your favor of the 27th ultimo, I have to offer you
six per cent. stocks of the following States, viz: Michigan, Arkansas, and
Tilinois, at 843 per cent.; also, five per cent. stock of the State of Indiana,
at 75 per cent.—the interest on all the above payable in New York semi-
annually ; or I will sell six per cents at one quarter per cent. less than any
offer you may have.

Respectfully, your obedient servant, W. W. Corcoran.

Hon. Levi Woopsury, Secretary of the Treasury.

D 38.

WASHINGTON, January 6, 1840.

Sir: I have the honor to acknowledge the receipt of your communica-
tion on the subject of a tender of State stocks to the department; and to
offer to you the amount you mention as ready for investment in Ohio
sixes, redeemable in 1854, at 883—interest payable in New York; Illinois
Canal sixes, redeemable in 1870, at 75 and 723.

Very respectfully, your obedient servant, CHARLES J. NoURSE.

Hon. Levi Woopsoury, Secretary of the Treasury.

. JANUARY 18, 1840.
Dear Sir: Since I left you, a gentleman has handed me a letter, which

288 CONGRESSIONAL PROCEEDINGS.

requires that the offer of Illinois sixes should be fixed at 75—the rate first
proposed.
I will call at 12 o’clock.
Yours, &e., CHARLES J. NOURSE,
McC. Youna, Esq.

D 39.
New York, January 2, 1840.
S1r: I thank you for your letter of the 27th ult. I have State stocks
which I will offer you for the investment you wish to make; and | write
to Mr. Corcoran to hand in the offer.
I am, respectfully, your obedient servant,
J. D. BEErs.
Hon. Levi Wooppury, Secretary of the Treasury.

D 40.
TREASURY DEPARTMENT, July 24, 1840.

GENTLEMEN: Congress having adjourned without enacting any further
provision respecting the Smithsonian fund, and there being in the treasury
about $15,00u beionging to that fund, which it is the duty of this Depart-
ment to invest in State stocks,—should you have any to dispose of, I will
thank you to inform me of the description and lowest price.

I am, very respectfully, your obedient servant,
Levit Woopsory, Secretary of the Treasury.

Messrs. CoRncoRAN & Riaas.—Present.

[Letters of the same tenor and date as above were addressed to the fol-
lowing persons, viz: Messrs. Prime, Ward & King, of New York; J. D.
Beers, Esq., of New York; and C. Macalester, of Philadelphia. ]

D 41.
WASHINGTON City, July 28, 1840.

Sir: We have the pleasure to offer you Illinois State 6 per cent. bonds,
interest payable half-yearly, in specie, in New York, at 793 per cent.
Arkansas bonds we can sell lower.

Very respectfully, your obedient servants, Corcoran & Ria@s.
Hon. Levit Wooppury, Secretary of the Treasury.
D 42.

New York, July 27, 1840.

Sir: In answer to your respected letter of the 26th instant, we beg to
state that we wil! sell $15,000 value, in Kentucky bonds due in 1868—each
$1,000—bearing interest from date of sale, at 5 per cent., payable half-
yearly in this city, and the price to be 88 per cent.; or in New York State
5 per cent. stock, due in 1858—interest at 5 per cent. from 16th ins.—pay-
able quarterly in this city, and the price to be 93 per cent.

But, in order to make this offer binding on our part, we must ask the
favor of your reply accepting it on or before the Ist of August next.

We remain, sir, respectfully, your obedient servants,
Primer, Warp & Kina.

Hon. Levr Woopsury, Secretary of the Treasury.

D 43.
WasHInaton, August 10, 1840.
Str: I have the honor to tender $20,000, Illinois 6 per cent. bonds, at 87
per cent. ; interest from the Ist of July last.
Respectfully yours, CHARLES J. NOURSE.
Hon, Levi Woopsury, Secretary of the Treasury.

TWENTY-EIGHTH CONGRESS, 1843-45. 289

D 44.

NortH AMERICAN TRUST AND BANKING CoMPANY,
No. 47 Wau STREET, New York, July 28, 1840.

Str: In answer to your letter of the 24th instant, I have to state that
this institution will sell to the Department a sufficient amount of the six
per cent. State stock of Arkansas, at the rate of 70 per cent., to enable you
to invest the $15,000 in the Treasury belonging to the Smithsonian fund.

I am, sir, very respectfully, yours, J. D. BeErs, President.

Hon. Levi Woopsury, Secretary of the Treasury.

D 45.
PHILADELPHIA, July 28, 1840.
Srr: I have the honor to acknowledge the receipt of your letter of the
24th inst. ; in answer to which, I have to state that the only State stock I
have on hand are Pennsylvania 5 per cents, which I hold at 95, redeemable
in 1865; and some Kentucky 6 per cents, redeemable in about six years,
bearing interest at 6 per cent.—principal and interest payable in Kentucky,
which I would sell at 87 per cent.
I have the honor to be, very respectfully, C. MACALESTER.
Hon. Levi Woopsury, Secretary of the Treasury.

D 46.

TREASURY DEPARTMENT, January 18, 1841.

Sir: Having about $20,000 to invest for the Smithsonian fund, I re-
quest you to inform me if you have any State stocks to dispose of; the
amount you have for sale, if less than that; the rate of interest they bear,
and where payable ; the State by which issued, and the price you demand.

Very respectfully, your obedient servant,
Levi Woopspury, Secretary of the Treasury.

CHARLES MACALESTER, Esq., Philadelphia.

Similar letters sent to Messrs. Corcoran. & Riggs, Washington; Mr.
Charles J. Nourse, Washington; Mr. J. D. Beers, New York; Mr. B.S.
Reed, Boston.

D 47.
New York, January 21, 1841.
Str: I have duly received your favor informing me that you have
$20,000 to invest in State bonds. I therefore propose to supply you with
Arkansas State bonds, such as heretofore sold you, at 80 per cent. The
last sale here of Arkansas bonds by the Comptroller of this State, was on
the 2d inst., at 79 and 80. If this is the best offer, I presume you will
receive them of me, and [ will thank you not to let any know of my offer,
unless it is accepted.
Lam, respectfully, your obedient servant, J.D. Burrs.
Hon. Levi Woopsury, Secretary of the Treasury.

D 48.

PHILADELPHIA, January 22, 1841.

Sir: I have your letter of the 18th; in answer to which I have the honor
to state, that I have for sale the sum you require, of the following stocks :

Pennsylvania State fives, redeemable in 1870; price $89 for each $100,
payable at Philadelphia; interest payable Ist of August.

Ohio State sixes, redeemable in 1860; price $97.50 for each $100, payable
at New York; interest payable January 1 and July 1.

19

290 CONGRESSIONAL PROCEEDINGS.

Kentucky State sixes, redeemable in 1868; price $95 for each $100, pay-
able at New York ; interest payable January | and July 1.
Kentucky State sixes, redeemable in 1846 ; price $85 for each $100, pay-
able at Frankfort, Kentucky ; interest payable April and October.
I am, very respectfully, your obedient servant,
C. MACALESTER.
Hon. Levit Wooppury, Secretary of the Treasury.

P. S.—The book for the transfer of the Pennsylvania loan being closed,
these loans are now sold with the interest due Ist of February off.

D 49.

EASTERN RAILROAD OFFICE, Boston, January 22, 1841.

Sir: Your favor of the 18th instant is before me. I have sold all the
Massachusetts State stock which I recently had, and closed it at 993.

But a friend has of Massachusetts State stock, payable in 18 years,
$20,000, drawing interest at 5} per annum, payable semi-annually, which
I can furnish at 99 per cent.; and of New York State stock, payable in
about twenty years, $20,000, drawing interest at 5} per cent. per annum,
payable quarterly, at 983 per cent.

New York city stock, payable*in about 25 years, drawing interest at 5
per cent. per annum, payable quarterly, at 96} per cent.

I am, sir, respectfully, B. T. REED.

SECRETARY OF THE TREASURY.

e

D 50.

WASHINGTON City, January 30, 1841.

Dear Sir: In reply to your favor of the 18th instant, we have to offer
you six per cent. stocks of the States of Illinois or Michigan, interest pay-
able half-yearly in New York, at eighty per cent., or one-half per cent.
below any offer you may have.

Respectfully, your obedient servants, JORCORAN & Riaas.

The Hon. Levt Woopsury, Secretary of the Treasury.

D 5il.

TREASURY DEPARTMENT, January 30, 1841.

GENTLEMEN: Your offer of the Illinois bonds for the Smithsonian fund
is accepted at 793. There was an offer of other stock at 80.
T am, very respectfully, your obedient servant,
Levi Woopgury, Secretary of the Treasury.
Messrs. Corcoran & Rigas, Washington City.

D 582.

TREASURY DEPARTMENT, July 8, 1841.
Sir: There is at this time in the Treasury a balance of $18,271.86, be-
longing to the Smithsonian fund, which I am required by law to invest in
State stocks.
If you have Massachusetts, Ohio, or New York State stocks to dispose of,
I will thank you to propose the amount of either you are willing to deliver
to this Department for that balance.
IT am, very respectfully, your obedient servant,
Tuomas Ewina, Secretary of the Treasury.
C J. Nourse, Esq.— Present.

[Letters of the same tenor and date as above were addressed to the fol-
lowing persons, viz: Messrs. Corcoran & Riggs, of Washington ; Messrs.

TWENTY-EIGHTH CONGRESS, 1843-45. 291

J. E. Thayer & Brother, of Boston; and Messrs. Nevins, Townsend & Co.,
of New York. ]

D 53.
WASHINGTON, July 14, 1841.
Sir: I will furnish the amount wanted for the Smithsonian fund in
Ohio sixes at 943; New York fives at 862.
The rate of Massachusetts I will send you in a day or two.
Yours, respectfully, Cuas. J. NOURSE.
Hon. Tuos. Ewinea.

D 54.
WASHINGTON, July 18, 1841.
I can furnish Ohio sixes for the Smithsonian investment at 941, instead of
943, as tendered previously.
The Ohio sixes redeemable 1865.
Respectfully, Cuas. J. NouRSE.
Hon. T. Ewrne.

D 55.
New York, July 10, 1841.
Dear Sir: We are in receipt of your favor of the 8thinstant. We will
deliver to your order $19,969.25 New York 53 per cent. stock, redeemablo
in 1861—or $19,233.53 Ohio six per cent. stock, redeemable in 1860—for the
sum of $18,271.86, if apprized of your acceptance of the offer by Thursday
morning.
We are, with great respect, your obedient servants,
Nevins, TOWNSEND & Co.
Hon. T. Ewrne, Secretary of the Treasury.

D 56.
Boston, July 13, 1841.

Sir: Your favor of the 8th is received. We can furnish you Massa-
chusetts five per cent. stock at one-half per cent. advance; or New York
State stock, five per cent., at 853 per cent. As the bonds are issued in sums
of one thousand dollars, we could not furnlsh the precise amount which
you mention. There is none of the Ohio stock held in our market.

Very respectfully, your obedient servants,
J. EH. THAYER & BROTHER.

Hon. THoMAs Ewina, Secretary of the Treasury, Washington.

D 57.

New York, July 16, 1841.

DeEAR Sir: I have felt some doubt as to making you a more favorable
offer for the $18,271.86 belonging to the Smithsonian fund, than the offer
you already have; but have concluded to offer you $19,250 Ohio State
stock—interest from Ist of July instant.

Should you think proper to accept this offer, and forward to me, or to
J. N. Perkins, cashier, a draft for the money, the stock certificate will be
immediately issued thereon, in such name as you may direct.

Very respectfully, &c.,
ALFRED KELLY, Commissioner Ohio Canal Fund.

Hon. THomas Ewrna, Secretary of the Treasury, Washington City.

bo
co
to

CONGRESSIONAL PROCEEDINGS.

D 58.

WASHINGTON City, July 17, 1841.

Srr: In reply to your favor of the 8th instant, we have the pleasure to
offer Ohio six per cent. stock, to the extent wanted, at 94 per cent.
Respectfully, your obedient servants, Corcoran & Riaas.
The Hon. THomMas Ewina,
Secretary of the Treasury, Washington City.

D 59.

TREASURY DEPARTMENT, July 138, 1841.

GENTLEMEN: I have received your letter of the 10th, with the offer of
New York 5} per cent. and Ohio 6 per cent. stock, on account of the
Smithsonian fund. Having applied to three or four others for tenders of
similar stocks, from whom it is hardly time to expect replies, it will not be
in my power to determine upon your proposition by the time limited by
you. Shall it be regarded as a subsisting proposition until withdrawn ; or,
after Thursday, shall I decide without regard to your offer? Please inform
me by return mail.

Iam, &c., T. Ewina, Secretary of the Treasury.

Messrs. Nevins, TOWNSEND & Co., New York.

D 60.
New York, July 15, 1841.
Dear Sir: We have your favor of the 13th instant. We will continue
our offer until the 22d instant; modifying it as to the New York stock,
of which we will furnish the exact sum of twenty thousand dollars for that
of $18,271.86.
Very respectfully, your obedient servants,
NEVINS, TOWNSEND & Co.
Hon. T. Ewine, Secretary of the Treasury.

D 61.

TREASURY DEPARTMENT, July 8, 1841,

GENTLEMEN: There is now in the Treasury a balance of $18,271.86
belonging to the Smithsonian fund, which I am required by law to invest
in State stocks. I will thank you to inform me what amount of Massachu-
setts, New York, or Ohio State stock you are willing to deliver to this
department for that balance, to be paid at New York.

I am, very respectfully, your obedient servant,
Tuomas Ewina, Secretary of the Treasury.

Messrs. PRIME, WARD & Kina, New York.

D 62.
New Yorks, July 10, 1841.

Srr: In answer to your communication of the 8th instant, we beg to
state that we have no stocks of the kind which you designate, to offer to
you as an investment of the Smithsonian fund.

We remain, sir, respectfully yours,
Prime, Warp & Kine.

Hon. T. Ewine, Washington.

D 63.

TREASURY DEPARTMENT, July 20, 1841.
GENTLEMEN: Your tender of Ohio 6 per cent. stock, payable in New

Go

TWENTY-EIGHTH CONGRESS, 1843-45. 29

York, for the Smithsonian fund, at the rate of $100 in stock for $94 in
cash, is accepted.

The amount to be invested, as mentioned in my letter of the 8th, may be
diminished about $1,000 by the non-payment of some coupons. Of this I
shall be able to inform you in the course of the day.

I am, very respectfully, your obedient servant,
' THOMAS EWING, Secretary of the Treasury.

Messrs. Corcoran & Riaes.

Howse oF REPRESENTATIVES, June 7, 1844.

Mr. Apams from the select committee on the subject of
the Smithsonian bequest, made a report thereon, accompa-
nied by a bill (No. 418) to provide for the disposal and
management of the fund bequeathed by James Smithson to
the United States, for the establishment of an institution
for the increase and diffusion of knowledge among men:
which bill was read a first and second time, and committed
to the Committee of the Whole House on the state of the
Union.

The following is the report:

The select committee, to whom was referred the letter of
the Secretary of the Treasury of 19th February last, relat-
ing to the then state and condition of the funds bequeathed
by James Smithson to the United States, for the establish-
ment of an institution for the increase and diffusion of
knowledge among men, have attended to that duty, and
respectfully submit to the consideration of the House a bill,
to give immediate effective operation to the purposes of
the testator in that bequest; and in explanation of the
necessity and object of this bill, take leave to recall to the
memory of this House the material circumstances of the
acceptance of this bequest, of the reception of the funds
bequeathed by the testator, and of the disposition of them
hitherto made by Congress, and its present condition.

The existence of the bequest of James Smithson to the
United States of America was communicated to Congress
by a message from the President of the United States of
the 17th December, 1835; and by an act of Congress, ap-
proved July 1, 1856, the bequest was accepted, and the
President was authorized and enabled to assert and prose-
cute, with effect, the claim of the United States to the
property thereby bequeathed, and then held in trust by the
English court of chancery. The third section of this act is
in the following words :

Src. 3. And be it further enacted, That any and all sums of money, and
other funds, which shall be received for or on account of the said legacy,

shall be applied, in such manner as Congress may hereafter direct, to the
purpose of founding and endowing at Washington, under the name of the

294. CONGRESSIONAL PROCEEDINGS.

Smithsonian Institution, an establishment for the increase and diffusion of
knowledge among men: to which application of the said moneys, and other
funds, the faith of the United States is hereby pledged.”

Under an authority conferred by this act, the President
of the United States appointed Richard Rush the agent to
recover the property held in trust in the English court of
chancery—a commission faithfully and successfully exe-
cuted; and on the 1st of September, 1838, Mr. Rush depos-
ited in the mint of the United States, at Philadelphia, the
sum, in gold, of five hundred and eight thousand three
hundred and ‘eighteen dollars and forty- six cents; which,
together with sundry articles of furniture and books, of
small and indefinite pecuniary value, constituted the whole
of the bequest of James Smithson to the United States.

Before the time of this deposit at the mint, the sixth sec-
tion of the act of Congress of July 7, 1838, entitled “An
act to provide for the support of the Military Academy of
the United States, for the year eighteen hundred and thirty-
eight, and for other purposes,” had disposed of the fund as
follows

“Sec. 6. And be it further enacted, That all the money arising from the
bequest of the late James Smithson, of London, for the purpose of found-
ing at Washington, in this District, an institution to be denominated the
Smithsonian Institution, which may be paid into the Treasury, is hereby
appropriated, and shall be invested by the Secretary of the Treasury, with
the approbation of the President of the United States, in stocks of States,
bearing interest at the rate of not less than five per centum per annum,
which said stocks shall be held by the said Secretary in trust for the uses
specified in the last will and testament of said Smithson, until provision is
made by law for carrying the purpose of said bequest into effect; and that
the annual interest accruing on the steck aforesaid shall be in like manner
invested for the benefit of said institution.”’

Under the authority of this provision, $499,500 of the
money received at the mint on the Ist of September, 1838,
were, on the 4th of the same month, invested in five hun-
dred bonds of the State of Arkansas, of $1,000 each, bear-
ing interest at the rate of six per cent. per annum, payable
half-y early, on the first days of January and July of each
year, until the payment of the principal, on the 26th day of
Oc tober, 1861.

Under the same authority, subsequent investments were
made in bonds, of the same State of Arkansas, as follows:

Dec. 29, 1888.—$10,000, in 10 bonds, payable Jan. 1, 1868__-_ $10,000 00

July 6, 1839. —$13.000, in 13 bonds, payable Jan. 1, 1868__-. 138,000 00
Sept. 21, 1840.—$15,000, in 15 bonds, payable Jan. 1, 1868---- 15,000 00
Upon these bonds there had been paid, for interest, on the 31st

December i1843' 1. Us See Se eae eee 93,591 73
And there was then due for interest on the same._____________ 75,687 84

Whence it appears that from and after July, 1841, all

TWENTY-EIGHTH CONGRESS, 1843-45. 295

payments of interest on said Arkansas bonds have ceased ;
and that the amount due is accumulating at the rate of
more than $32,000 a year—amounting at this day, to more
than $90,000.

On the 23d of November, 1838, $8,000 were invested in bonds of
the State of Michigan, payable on the first Monday of July,

| 1858, bearing interest at 6 per cent., payable half-yearly at

the Manhattan Bank, in the city of New York -_____-_--_ $8,000
On these bonds, there was due on the 81st of December, 1843,

! onesyearsinterests sens) ee eae ee eee asec 480
| There were invested in bonds of the State of Illinois—

1840, Feb. 3.—18 bonds of $1,000 each, payable after the year
1860

eae a a ee eee 13,000
3 bonds of $1,000 each, payable after the 1st
JOMUAT YH SiO as sae ee 8,000
10 bonds of $1,000 each, reimbursable at the
pleasure of the State after the year 1860_____- 10,000
1840, Dec. 3.—6 bonds of the State of Lllinois of $1,000 each,
payable after the Ist of January, 1870 $6,000
1841, Feb. 1.—24 bonds, payable after the Ist of Janu-
EVV MU ae eke kates tse Se nS 24,000
$30,000

On these bonds of the State of Illinois, there was due on the 31st
of December} 1843; one; year’s interest —-=-22=2=2-_=- = 3,360
There were invested in the 6 per cent. canal stocks of the

State of Ohio—

1841, Aug. 7.—13 bonds of $1,000 each, payable after the 31st

December S60 aera a eee 13,000
1841, Aug. ms —5 bonds of $1,000 each, payable after the 81st
December elS6 0 eek Ae aks ae as Se 5,000

Upon these bonds, on the 31st December, 1843, no inter-
est was due.

The first section of an act of Congress of 11th Septem-
ber, 1841, repealed so much of the sixth section of the act
of 7th July, 1838, as required the Secretary of the Treasury
to invest the annual interest accruing on the investment of
the money arising from the bequest of James Smithson in
the stocks of the States. And the Secretary of the Treas-
ury was thenceforth required, until Congress shall appro-
priate said accruing interest to the purposes prescribed by
the testator, for the increase and diffusion of knowledge
among men, to invest said accruing interest in any stock of
the United States bearing not less than five per centum per
annum.

Since that time, the investments in the stocks of the
United States have pee as follows :

1841, September 27, 53 per cent. stocks pe eae $1,291 86
1842, August 27, 6 SMM EEC phat et Senne 1,155 80
1842, December 29, 6 oe CORY oe cece eos 8,322 79
1843, March 31, 6 ce (pe ee 653 05
1844, January 12,5 oe LO eae eee 4,231 35

f opie Re ee eee eee Ree $15,634 85

296 CONGRESSIONAL PROCEEDINGS.

Which sum is the whole amount of interest received at
the Treasury in the space of two years and four months,
(from the 11th September, 1841, to the 12th January, 1844,)
from a fund which, in that space of time, should have
yielded little less han $80,000. This, then, is the present
condition of the fund.

There are in the Treasury of the United States 620 bonds
of the States of Arkansas, Illinois, Ohio, and Michigan,
VIZ:

Avkansng. 2234 2. ioe a ee ee eee 538
Ellimois 5 a ea eg ee ee ee ee 56
OWT. 222 28 as el 5 ee a A eee 18
Michigan. o2 0222522252 soo Ss soe i ee 8

Total aee Soe & oa ed Rene) Fes ee 620

for $1,000 each, bearing on their face interest at 6 per cent.
a year, payable half-yearly in the city of New York. The
principal of these bonds is payable at different times from
1850 to 1873—none before the first of those periods; and
none after, but at the pleasure of the several contracting
States.

The annual interest upon these bonds is $37,200 dollars,
payable in semi-annual payments in the city of New York;
but, with the exception of the bonds of the State of Ohio,
the payment of interest on all the rest is suspended; which
suspension on the bonds of the State of Arkansas has
already continued for the space of nearly three years.

The arrears of this interest due on the 31st of December,
1848, were—

O£ the State ofsArkansssw ese. Shee ee ee eee 75,687 84
Michigans = ets sie eee ere eee 480 00
Ulli O{s\ 22 seh OCR re ee eee 8,860 00
Hormingyaniageregateno tease. saan eee eet eee ee 79,527 84
Which added to the amount of. the bonds ____-____--_-__--_-- 620,000 00

pea oe se ee 699,527 84

on the 81st of December, 1843; which sum, with the accru-
ing interest to the 31st of December, 1846, will exceed
$800,000. The stipulated period of payment of the princi-
pal of all these bonds is remote—none being payable earlier
than 1850; some of them not before 1870; and all post-
ponable at the pleasure of the State. So that, while the
payments of interest remain suspended, neither principal
nor interest is available for application by Congress to the
aoe of the bequest—the increase and diffusion of

nowledge among men.

Yet, in the act of Congress of July Ist, 1836, accepting

Gives the amount in the Treasury

TWENTY-EIGHTH CONGRESS, 1843-45. 297

the bequest, the faith of the United States was solemnly
pledged that all the sums of money and other funds re-
ceived for or on account of this legacy, should be applied
to the humane and generous purpose prescribed by the tes-
tator.

For the redemption of this pledge, it is indispensably
necessary that the fund now locked up in the Treasury, in
the bonds of these States, and the accruing interest on
them, (the payment of which is now suspended,) should be
made available for the disposal of Congress to execute the
sacred trust which, in the name of the United States, they
have assumed. Tor this purpose, the committee report a
bill appropriating the sum of $800,000 to be invested in
certificates of stock of the United States, bearing interest
at the rate of six per cent. a year, payable half-yearly, and
redeemable at the pleasure of Congress, by the substitution
of other funds of equal value; which sum of $800,000
shall constitute permanent funds—thus appropriated, as
follows:

1. To replace the sum of $508,318.46 deposited in the
mint of the United States, in gold, on the Ist of September,
1888, and $500,000 of which were, on the 4th of the same
month, invested for and on account of the United States, in
bonds of the State of Arkansas.

2. $300,000 to supply the place of the interest which has
accrued, and will accrue until or near the 31st of Decem-
ber, 1846, on the bonds now in the Treasury of the United
States, the payment of interest on which is at present sus-
pended.

The committee will not entertain a doubt that the States
of Arkansas, Illinois, and Michigan, will have made, before
the close of the year 1846, provision for payment of the
arrears of interest due upon their bonds, and for the pune-
tual payment of the same interest as it may hereafter
accrue. The appropriations from the Treasury proposed
by the bill herewith reported, will require no disbursement
of money beyond one year’s interest on the whole fund,
and the amount now in the Treasury and available for the
immediate disposal of Congress. The appropriations au-
thorized by the bill are necessary to enable Congress to
proceed immediately to the execution of the trust commit-
ted to them by the testator, and for the fulfillment of which
the faith of the nation has been pledged; but they will
constitute no burdens upon the Treasury itself, and no
ultimate expenditure, other than the proceeds of the Smith-
sonian fund itself. The proposal is, that of this sum of

298 CONGRESSIONAL PROCEEDINGS.

$300,000, $60,000 shall be held as a permanent fund; from
the interest of which, without intrenching upon the prin-
cipal, a sum of $3,600 a year shall be provided for the com-
pensation of an astronomical observator, and for the con-
tingent expenses of repairs of an observatory, occasionally
required. That a like fund of $120,000 shall be reserved,
yielding a yearly interest of $7,200, for a compensation of
$1,500 a year for each of four assistant observers, and of
two laborers with the wages for each of $600 a year. That
a fund of $20,000 should supply a yearly interest for the
purchase of new publications on subjects connected with,
science; and another fund, from the interest of which may
be defrayed the compensation of the secretary and treas-
urer of the corporation, and the charge of publication of a
nautical almanac, and of the observations made by the
observators. There remains, then, a sum of $70,000 to be
expended for the erection of the observatory, and of the
necessary buildings connected therewith, and for the pur-
chase of instruments and books necessary and suitable for
the establishment, which may be thus formed and com-
pleted by the close of the year 1846.

For refunding to the Treasury the whole sum thus appro-
priated, principal and interest, the only requisite will be the
sense of justice of the Governments of the States of Ark-
ansas, Illinois, and Michigan, of which, as the committee
have observed, they cannot entertain a doubt.

The committee respectfully report, with slight modifica-
tions adapted to the present circumstances, the same bill
reported by a committee of this House at the 2d session of
the 27th Congress, on the 12th of April, 1842.

And, finally, the committee refer the House, for a full
exposition of the facts and principles upon which the bill
now reported is predicated, to the following previous reports
of committees of this House, on the subject of the Smith-
sonian bequest :

Report No. 181, of January 19, 1836, 24th Congress Ist
session, with accompanying documents.

Report No. 277, of March 5, 1840, 26th Congress 1st ses-
sion, with amendatory bill H. R. No. 1.

Report No. 587, of April 12, 1842, 27th Congress 2d ses-
sion, with bill H. R. No. 886.

All of which this committee request may be taken as
part of their report.

TWENTY-EIGHTH CONGRESS, 1843-45. 299

[H. R. No. 418.]

A BILL to provide for the disposal and management of the fund be-
queathed by James Smithson to the United States, for the establishment
of an institution for the increase and diffusion of knowledge among men.

Sec. 1. Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the President of the
Senate and the Speaker of the House of Representatives of the United
States, the Chief Justice of the United States, the Secretaries of State,
Treasury, War, and Navy, the Postmaster and Attorney Generals, the
Chief Justice of the Circuit Court of the United States for the District of
Columbia, «nd the Mayor of the city. of Washington, shall be, and hereby
are, constituted a body politic and corporate, by the style and title of ‘‘The
trustees of the Smithsonian Institution for the increase and diffusion of
knowledge among men,’’ with perpetual succession, and the usual powers,
duties, and liabilities, incident to corporations.

Sec. 2. And be it further enacted, That the corporation so constituted
shall have power to appoint, from citizens of the United States other than
members of the board, a secretary and a treasurer, to hold their offices
during the pleasure of the board, and removable at their pleasure, and
others to be appointed in their places, and to fix from time to time their
compensations. And the secretary and treasurer only shall receive pecu-
niary compensation for their services, and those of the members of the
board of trustees shall be gratuitous. And the offices of secretary and
treasurer may, at the discretion of the board of trustees, be held by the
same person. The secretary and treasurer shall be sworn to the faithful
discharge of the duties of their respective offices; and the treasurer shall
give bond, under the penalty of fifty thousand dollars, with sureties to the
satisfaction of the Secretary of the Treasury, for the safe custody and faith-
ful application of all the funds of the Institution which may come to his
hands or be at his disposal.

Src. 8. And be it further enacted, That the sum of eight hundred thou-
sand dollars be, and the same is hereby appropriated, by investment of that
sum in certificates of stock to that amount of the United States, bearing
interest at the rate of six per cent. a year, from and after the passage of
this act, redeemable at the pleasure of Congress by the substitution of other
funds of equal value and yielding the same income, the said interest being
payable half-yearly on the first Mondays of January and July. The said
stocks to be applied in manner following: First, to constitute a fund of five
hundred thousand dollars, bearing interest as aforesaid, to supply the place
of the same sum received at the mint of the United States at Philadelphia,
in gold, on the first day of September, of the year eighteen hundred and
thirty-eight, and on the fourth day of the same month invested, for account
of the United States, in five hundred bonds of the State of Arkansas, of
one thousand dollars each, bearing interest at the rate of six per cent. a
year, payable half-yearly, and the principal of which is redeemable on the
second of October, eighteen hundred and sixty. Secondly, to constitute a
fund of three hundred thousand dollars, bearing interest as aforesaid, to
supply the place of an equal sum invested in one hundred and forty bonds
of the States of Arkansas, Michigan, Illinois, and Ohio, and of interest
which has accrued, and may hereafter accrue, to the said amount of three
hundred thousard dollars, from the said sum deposited at the mint of the
United States at Philadelphia, on the first day of September, eighteen hun-
dred and thirty-eight ; the said fund to be applied to the execution of the
purpose of the testator, ‘‘ the increase and diffusion of knowledge among
men,’’ in manner following :

Of the said fund, there shall be applied for the erection and establishment,
at the city of Washington, of an astronomical observatory, adapted to the
most effective and continual observations of the phenomena of the heavens ;
to be provided with the necessary, best, and most perfect instruments and

300 CONGRESSIONAL PROCEEDINGS.

books, for the periodical publication of said observations, and for the
annual composition and publication of a nautical almanac, thirty thousand
dollars.

Of the said fund there shall be reserved in the stock thus invested, the
sum of sixty thousand dollars, from the yearly interest of which the com-
pensation shall be paid of an astronomical observator, to be appointed by
the board of overseers, removable at their discretion, and another to be ap-
pointed whenever the said office may be vacant ; and his compensation shall
be at the rate of three thousand dollars a year, and six hundred dollars a
year shall be reserved for the incidental and contingent expenses of repairs
upon the buildings, as they may be required.

Also, one hundred and twenty thousand dollars, from the yearly interest
of which shall be paid the compensation of four assistants to the astrono-
mer, and of laborers necessary for attendance on him, and for the care and
preservation of the buildings. The compensation of the four assistants to be
at the rate of fifteen hundred dollars a year each ; and the compensation of -
the laborers not to exceed in amount, for the whole of those found necessary,
twelve hundred dollars a year; the assistants and laborers to be appointed
and removable by the said board of trustees, at their discretion. ‘

Of the said fund, there shall be applied to furnish an assortment of the
best and most perfect instruments for astronomical observation, to be pro-
cured under the direction of the astronomical observator, to be appointed
conformably to the provisions of this act, twenty thousand dollars.

And there shall be reserved ten thousand dollars, from the interest of
which other instruments may be from time to time procured, as occasions
for the use of them may arise, and for the repairs of instruments as needed.

And there shall be reserved ten thousand dollars applied to the purchase
of a library of books of science and literature, for the use of the observa-
tory, to be selected by the observator; and the further sum of twenty
thousand dollars reserved, from the interest of which to pay for a supply of
new works, transactions of learned societies, and periodical publications
upon science in other parts of the world, or in America.

Of the said fund shall be reserved thirty thousand dollars, from the in-
terest of which shall be paid the compensation of the secretary and treasu-
rer, and the contingent expenses of the corporation hereby constituted, in-
cluding the expense of the yearly publication of the observations made at
the observatory, and of a nautical almanac, to be called the Smithsonian
Almanac.

Szec. 4. And be it further enacted, That all the moneys and stocks which
have been, or may hereafter be, received into the Treasury of the United
States, on account of the fund bequeathed by James Smithson, be, and the
same are hereby pledged to refund to the Treasury of the United States the
sums hereby appropriated. And the Secretary of the Treasury shall cause
to be opened an account, in which the Smithsonian fund shall be charged
with the sum of eight hundred thousand dollars hereby appropriated and
invested in stocks of the United States, and shall be credited by the six
hundred and forty bonds of the States of Arkansas, Michigan, Illinois, and
Ohio, and by all the sums received, or hereafter to be received, for interest
on the said bonds, until the final payment of the principal thereof by the
said States. And the Secretary of the Treasury is hereby authorized to sell
and transfer, at their nominal par value, principal and interest, and not
under, any of the said bonds, with the interest due and unpaid on the same,
and to credit the said fund with the proceeds thereof, till the whole sum
hereby appropriated, and all the interest hereafter paid thereon, shall be re-
tunded to the Treasury of the United States.

Sec. 6. And be it further enacted, That no part of the said Smithsonian
fund, principal or interest, shall be applied to any school, college, univer-
sity, other institute of education, or ecclesiastical establishment.

Sc. 6. And be it further enacted, That the observatory provided by the
third section of this act, shall be erected under the direction of the board of

TWENTY-EIGHTH CONGRESS, 1843-45. 301

trustees, on a site in the city of Washington, to be selected by them; and,
should the same be on land belonging to the United States, so much thereof
as, in the opinion of the trustees, shall be necessary for the purpose, shall
be conveyed to them, in consideration of the sum of ten thousand dollars,
taken from that fund by the general appropriation act of third March,
eighteen hundred and thirty-nine: Provided, That if no such suitable site
can be found on the public lands, that then a selection of a site on private
property may be made at a price not exceeding one-half cent per square
foot, to be paid out of the appropriation in the third section of this act.

Sec. 7. And be it further enacted, That all expenditures made by the said
board of trustees shall be subject to the approval of the President of the
United States ; and all the accounts thereof shall be reported to the Secre-
tary of the Treasury, and audited under his direction by the proper officers
of the Treasury Department; and the said board shall report to Congress,
at every session thereof, the state of the Smithsonian fund, and a full
statement of their receipts and expenditures during the preceding year.

Sec. 8. And be it further enacted, That the first meeting of the trustees
of the Smithsonian fund shall be held at the city of Washington on the third
Tuesday of next; and that, in the mean time, the custody of the said
fund, and the expenditures under the appropriations herein made, shall be
held and authorized by the Secretary of the Treasury, subject to the appro-
bation of the President of the United States,

Src. 9. And be it further enacted, That there shall be a board of visitors,
to be annually appointed, consisting of nine members; two of whom to be
commissioned officers of the army, to be appointed by the Secretary of
War; two commissioned officers of the navy, to be appointed by the Sec-
retary of the Navy; the mayors for the time being of the cities of Alex-
andria and of Georgetown, within the District of Columbia; and one citi-
zen of each of the cities of Washington, Alexandria, and Georgetown,
to be appointed by the President of the United States; who shall meet on
the first Monday of February, at eleven o’clock, before noon, at the said
astronomical observatory, and visit and inspect the condition of the said
observatory, and of the Smithsonian Institution generally. They shall
choose among themselves a chairman, and shall make report to the Presi-
dent of the United States of the said condition of the institution, specifi-
cally indicating in what respect the institution has, during the preceding
year, contributed to the purpose of the founder—the increase and diffusion
of knowledge among men. To this board the astronomical observator shall
make a report to the same effect, so far as regards the astronomical branch
of the institution, which report shall be annexed to that of the board to
the President of the United States, who shall communicate the said reports
to Congress. The services of the members of the said board shall be gra-
tuitous.

Sec. 10. And be it further enacted, That there is reserved to Congress
the right of altering, amending, adding to, or repealing, any of the provi-
sions of this act, which shall be found inconvenient upon experience: Pro-
vided, That no contract or individual right, made or acquired under such
provisions, shall thereby be impaired or divested.

Src. 11. And be it further enacted, That, for any other moneys which
have accrued, or may hereafter accrue, upon the said Smithsonian fund,
not herein appropriated, the board of trustees are hereby authorized to
make such disposal as they shall deem necessary for the promotion of the
purpose of the testator—‘‘ the increase and diffusion of knowledge among
men,’’ unless the same shall be otherwise disposed of by law.

Houser oF REPRESENTATIVES, June 14, 1844.

Mr. Drserry, from the Committee on Agriculture, made
an adverse report upon the petition of citizens of the State

302 CONGRESSIONAL PROCEEDINGS.

of Massachusetts, in relation to the appropriation of the
Smithsonian bequest for the purposes of agricultural educa-
tion.

PROCEEDINGS IN THE SENATE.
Senate, December 12, 1844.

Mr. Tappan introduced a bill, (8. 18,) which was read the
first and second times by unanimous consent, and referred
to the Committee on the Library.

The bill is as follows:

A BILL to establish the Smithsonian Institution, for the increase and dif-
fusion of knowledge among men.

Whereas James Smithson, esquire, of London, in the kingdom of Great
Britain, by his last will and testament did give the whole of his property
to the United States of America, to found at Washington, under the
name of the Smithsonian Institution, an establishment for the increase and
diffusion of knowledge among men; and whereas Congress have hereto-
fore received said property and accepted said trust; therefore, that the same
may be executed in good faith, and according to the will of the liberal and
enlightened donor—

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That so much of the property of
the said James Smithson as has been received in money and paid into the
Treasury of the United States, being the sum of five hundred and eight
thousand three hundred and eighteen dollars, be loaned to the United States
Treasury, at six per cent. per annum interest, from the third day of Decem-
ber, in the year one thousand eight hundred and thirty-eight, when the
game was received into thesaid Treasury ; and that so much of the interest
as may have accrued on said sum on the first day of July next, which wilh
amount to the sum of two hundred and nine thousand one hundred and
three dollars, be, and the same is hereby, appropriated for the erection of
suitable buildings, the enclosing of suitable grounds, and for the pur-
chase of books and instruments for the Smithsonian Institution established
by this act; and that six per cent. interest on the said trust fund, it being
the said amount of five hundred and eight thousand three hundred and
eighteen dollars, received into the United States Treasury, third of Decem-
ber, one thousand eight hundred and thirty-eight, payable, in half yearly
payments, on the first of January and July in each year, be, and the same
is hereby, appropriated for the perpetual maintenance and support of said.
institution: Provided, That the books to be purchased for said institution
shall consist of works on science and the arts, especially such as relate to
the ordinary business of life, and to the various mechanical and other im-
provements and discoveries which may be made.

_ Sec. 2. And be it further enacted, That the business of said institution
shall be conducted by a board of managers, to consist of twelve, no two of
whom shall be citizens of the same State or Territory ; that the persons first
appointed on the board of managers shall meet in the city of Washington,
on the first Monday of July next after the passage of this act, and, when
met, shall divide themselves, by lot, into three sections, one of which
shall serve two years, one four, and the other six years; and whenever a
vacancy occurs in said board, the same shall be filled by such person as may
be appointed by a joint resolution of Congress; that all those who may be
appointed to fill vacancies occasioned by death, resignation, or removal out
of the United States, shall serve the residue of the term, and allwho those

TWENTY-EIGHTH CONGRESS, 1843-45. 308

may be appointed to fill vacancies which occur by lapse of time shall serve
for the term of six years; that after said board shall have met and become
organized by appointing one of their own body president of said board, it
shall be their duty to proceed to select a suitable site for such building as
may be, in their judgment, necessary for the institution, and suitable ground
for horticultural and agricultural experiments, which ground may be taken
and appropriated out of that part of the public ground in the city of Wash-
ington called the Mall, lying west of Seventh street; and the ground so
selected shall be set out by proper metes and bounds, and a description of
the same shall be made and recorded in a book to be provided for that pur-
pose, and signed by said managers, or so many of them as may be con-
vened on said first Monday of July; and such record, or a copy thereof,
certified by the president of the board of managers, shall be received as
evidence in all courts of the extent and boundaries of the lands appropri-
ated to said institution.

Sec. 3. And be it further enacted, That, so soon as the board of managers
shall have selected the site for the buildings of the institution, they shall cause
to be erected a suitable building, of plain and durable materials and struct-
ure, without unnecessary ornament, and of sufficient size, and with suitable
rooms or halls for the reception and arrangement, upon a liberal scale, of
objects of natural history, a geological and mineralogical cabinet, a library,
a chemical laboratory, and a lecture room or rooms; and the 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 such plan
as may be directed by the board of managers, and shall take sufficient se-
curity to the Treasurer of the United States for the building and finishing
the same according to the said plan, and in the time stipulated in such con-
tract: Provided, however, That the expense of said building shall not exceed
the sum of eighty thousand dollars, which sum is hereby appropriated for
that purpose out of any money in the Treasury not otherwise appropriated ;
and the board of managers shall also cause the grounds selected for horti-
cultural and agricultural purposes to be enclosed and secured, and a suitable
building erected to preserve such plants as will not bear exposure to the
weather at all seasons; and the sum of twenty thousand dollars is hereby
appropriated for such building and enclosure, to be paid out of any moneys
in the Treasury not otherwise appropriated ; and so soon as it may be neces-
sary for the accommodation of the persons employed in said institution, the
said board of managers may cause to be erected on the grounds of the ine
stitution such dwelling houses and other buildings, of plain and substantial
workmanship and materials, to be without unnecessary ornament, as may
be wanted: Provided, however, That the whole expense of building and fur-
nishing as many such houses as may be required shall not exceed the residue
of said interest which will have accrued on the first day of July next; and
for the said expenditure the said residue of said interest, amounting to the sum
of seventy-eight thousand six hundred and four dollars, is hereby appropria-
ted, payable out of any moneysin the Treasury not otherwise appropriated ;
and all such contracts as may be made by said board of managers shall be de-
posited with the Treasurer of the United States; and all questions which
may arise between the United States and any person claiming under and by
virtue of any such contract shall be heard and determined by said board of
managers, and such determination shall be final and conclusive upon all
parties ; and all claims on any contract made as aforesaid shall be allowed
and certified by the board of managers, or a committee thereof, as the case
may be, and being signed by the president of the board, shall be a sufficient
voucher for settlement and payment at the Treasury of the United States.
And the board of managers shall be authorized to employ such persons as
they deem necessary to superintend the erection of the building, and fitting
up the rooms of the institution.

Src. 4. And be it further enacted, That, so soon as buildings shall be
erected for their reception, all objects of natural history and geological and

304 CONGRESSIONAL PROCEEDINGS.

mineralogical specimens belonging to the 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 managers to
receive them, and shall be arranged by the proper professor in such order
and so classed as best to facilitate the examination and study of them in the
building so as aforesaid to be erected for the institution; and the managers
of said institution shall afterwards, as new specimens in natural history,
geology, or mineralogy, may be obtained for the museum of the institution
by exchanges of duplicate specimens belonging to the institution (which
‘they are hereby authorized to make) or by donations which they may re-
ceive, cause such new specimens to be also appropriately classed and ar-
ranged. And the minerals, books, manuscripts, and other property of James
Smithson, which have been received by the Government of the United
States, and are new placed in the Patent Office, shall be removed to said in-
stitution and shall be preserved separate and apart from the other property
of the institution.

Src. 5. And be it further enacted, That the managers of said institution
shall appoint a superintendent, whose duty it shall be to take charge of the
ground, buildings, and property, belonging to the institution, and carefully
preserve the same from injury ; and such superintendent shall be the secre-
tary of the board of managers, and shall, under their direction, make a fair
and accurate record of all their proceedings, to be preserved in said institu-
tion; and the said superintendent shall also discharge the duties of professor
of agriculture, horticulture, and rural economy, in said institution, and in
that capacity may, with the approbation of the board of managers, employ,
from time to time,so many gardeners and other laborers as may be neces-
sary to cultivate the ground and keep in repair the buildings of said institu-
tion; and the superintendent shall receive for his services such sum as may
be allowed by the board of managers, to be paid semi-annually on the first
day of January and July; and the said superintendent shall be removable
by the board of managers whenever, in their judgment, the interest of the
institution require the superintendent to be changed.

Src. 6. And be it further enacted, That, at the first meeting of the board
of managers, they shall fix on the times for regular meetings of the board,
and on application of any three of the managers to the superintendent of
the institution, it shall be his duty to appoint a time for a special meeting
of the board, of which he shall give notice by letter to each of the mem-
bers, and at any meeting of the board of managers five shall constitute a
quorum to do business; that each member of the board of managers shall
be paid his necessary travelling and other expenses in attending meetings
of the board, which shall be audited, allowed, and recorded, by the super-
intendent of the institution. And whenever any person employed by the
authority of the institution shall have performed service entitling him to com-
pensation, whether the same shall be by way of salary payable semi-annually

or wages for labor, or whenever money is due from said institution for any —
purpose whatever, the superintendent shall certify to the president of the —
board that such compensation or money is due, whereupon the president —

shall certify the same to the proper officer of the Treasury Department for
payment.

Sec. 7. And be it further enacted, That the board of managers may ap-
point some suitable person as professor of natural history, a professor of chem-
istry, a professor of geology, and a professor of astronomy, with such other
professors as the wants of science may require. They shall also employ able
men to lecture in the institution upon the arts and sciences, and shall fix the
compensation of such professors and lecturers: Provided, That no professor-
ship shall be established or lecturer employed to treat or lecture on law,
physic, or divinity, it being the object of the institution to furnish facilities
for the acquisition of such branches of knowledge as are not taught in the
various universities.

Sec. 8. And be it further enacted, That the board of managers shall make

qi

TWENTY-EIGHTH CONGRESS, 1843-45. 305

all needful rules, regulations, and by-laws, for the government of the in-
stitution and the persons employed therein ; and, in prescribing the duties
of the professors and lecturers, they shall have special reference to the in-
troduction and illustration of subjects connected with the productive and
liberal arts of life, improvements in agriculture, in manufactures, in trades,
and in domestic economy. They shall direct experiments to be made
by the professor of agriculture, horticulture, and rural economy, to de-
termine the utility and advantage of new modes and instruments of
culture, to determine whether new fruits, plants, and vegetables, may be
cultivated to advantage in the United States; and they shall direct the dis-
tribution of all such fruits, plants, seeds, and vegetables, as shall be found
useful and adapted to any of our soils and climates, so that the people in
every part of the Union may enjoy the benefit and advantage of the exper-
iments made by the institution. They shall also direct the professor of
chemistry to institute a chemical analysis of soils from different sections of
the United States, to make experiments on the various modes of improving
and enriching the several kinds of soil found within the United States, and
at all times to include, in his course of lectures, the subject of agricultural
chemistry. They shall also direct the professor of natural history especi-
ally to refer, in his course of lectures, to the history and habits of such
animals as are useful, or such animals and insects as are injurious, including
the best means of taking care of and improving the one, and of protecting
grain and other products from the other. They shall also direct the pro-
fessor of geology to include, in his course of lectures, practical instructions
of a general character, to aid in the exploration and working of mines.
They shall also direct the professor of architecture and domestic science to
include, in his course of lectures, practical instructions as to the best modes
and materials for building, according to climate and location, throughout
the United States, from the simple single dwelling to the more complicated
and costly structures for public and other purposes; also, to institute exper-
iments in regard to the best mode of lighting, heating, and ventilating
buildings, public and private, and to determine the value of such scientific
improvements as may, from time to time, be made in the same or in any
other important branch of domestic economy. They shall also direct the
professor of astronomy to include, in his lectures, a course on navigation,
including the use of nautical instruments. And it shall be competent for
the said managers, at their discretion, to cause to be printed and published,
from time to time, works, in popular form; on the sciences and on the aid
they bring to labor, written by the professors of the institution, or by other
persons engaged for the purpose: Provided, That such works shall, at all
times, be offered for sale at the lowest rates that will repay the actual ex-
pense of publication: And provided, That such works shall, before publica-
tion, be submitted to and examined by the board of managers, or a com-
mittee of their number. And the said board shall also make rules and regu-
lations for the admission of students into the various departments of the
institution, and their conduct and deportment while they remain therein:
Provided, That all instruction in said institution shall be gratuitous to those
students who conform to such rules and regulations,

Sec. 9. And be it further enacted, That be appointed
managers of the said Smithsonian Institution, to hold their offices as is
hereinbefore provided.

SenatE, December 16, 1844.

Mr. Tappan, from the Committee on the Library, reported
S. bill 18, without amendment.

Senate, December 31, 1844.

On motion of Mr. Tappan, the Senate considered, as in
20

306 CONGRESSIONAL PROCEEDINGS.

Committee of the Whole, the bill S. 18, and various verbal
amendments offered by him, were adopted. 4
On motion by Mr. Huntineron, the further consideration _
was postponed to, and made the order of the day for Thurs-
day next. .
Mr. Cuoatr and Mr. Tappan offered amendments, which
were ordered to be printed. .

SENATE, January 6, 1845.

Mr. Tappan presented a petition of Thomas Johnson and ©
others, citizens of Huron county, Ohio, praying the passage —
of the bill now before the Senate to establish the Smithso- —
nian Institution; which was ordered to lie on the table.

Mr. Fostrr, of New York, presented a petition of Gene-
ral N. V. Knickerbocker and two hundred other citizens of —
Steuben county, New York, praying the passage of the bill
to establish the Smithsonian Institution; which was ordered _
to lie on the table.

SenaTE, January 8, 1845. ,

The Senate resumed, as in Committee of the Whole, the —
consideration of the bill (S. 18) to establish the Smithsonian ~
Institution.

The bill having been read—

Mr. Cuoate said he was sure that, whatever opinion 7
might be at last formed on this bill, its principles, or its —
details, all would concur in expressing thanks to: the Sena- —
tor from Ohio [Mr. Tappan] for introducing it. We shall
differ, he proceeded, more perhaps than could be wished, or
than can be reconciled, about the mode of administering ~
this noble fund; but we cannot differ about our duty to —
enter at once on some mode of administering it. <A large ©
sum of money has been given to us, to hold and to apply, 7
in trust, “for the increase and diffusion of knowledge ~
among men.” We have accepted the trust. “To this ap- —
plication—(such is the language of our act of the Ist of ©
July, 1836—) to this application of the money the faith of ©
the United States is hereby pledged.” The donor is in his ~
grave. There is no chancellor to compel us to redeem our ~
pledge; and there needs none. Our own sense of duty to —
the dead, and the living, and the unborn who shall live—
our justice, our patriotism, our policy, common honesty,
common decorum, urge us, and are enough to urge us, to _
go on, without the delay of an hour, to appropriate the
bounty according to the form of the gift. I thank the ~
Senator, theretore, for introducing a bill with which, to my _

TWENTY-FIGHTH CONGRESS, 1843-45. 307

own knowledge, he has taken much—and, so far as I can
see or conceive—disinterested pains, and which affords us
an opportunity to discharge a plain duty, perhaps too long
delayed.

I think, too, sir, that the Senator has, in the first section
of the ill, declared the true fundamental law according to
which this fund ought to be permanently administered.
He lends to the United States the whole sum of $508,318
actually received out of the English chancery, from the 3d
of December, 1838, when it was received, at an interest of
six per cent. per annum. He leaves the sum of $209,103,
which is so much of the interest as will have accrued on
the first day of July next, to be applied at once to the con-
struction of buildings, the preparation of grounds, the
purchase of books, instruments, and the like ; and then
appropriates the interest, and the ‘interest only, of the origi-
nal principal sum, for the perpetual maintenance of the
institution, leaving the principal itself unimpaired forever.
This, all, is exactly as it should be.

But when you examine the bill a little further, to discern
what it is exactly which this considerable expenditure of
money is to accomplish—when you look to see how and
how much it is going ‘‘to increase and diffuse knowledge
among men,’ ’ Tam afraid that we shall have reason to be
a little less satisfied. I do not now refer to the constitution
of the board of management, of which, let me say, under
some important modifications, Lincline to approve; although
on that I reserve myself. I speak of what the fund, how-
ever managed, is to be made to do. The bill assumes, as it
ought, to “apply it “to increase and diffuse knowledge
among men.” Well, how does it accomplish this object ?

It proposes to do so, for substance, by establishing in this
city a school or college for the purpose of instructing its
pupils in the application of certain physical sciences to
certain arts of life. The plan, if adopted, founds a college
in Washington to teach the scientific principles of certain
useful arts. That is the whole of it. It appoints, on per-
manent salaries, a professor of agriculture, horticulture,
and rural economy; a professor of natural history ; a pro-
fessor of chemistry; a professor of geology; a professor of
astronomy; a professor of architecture and domestic sci-
ence; together with a fluctuating force of occasional auxil-
lary lecturers; and all these professors and lecturers are
enjoined “to have special reference, in all their illustra-
tions and instructions, to the productive and liberal arts of
life—to improvements in agriculture, manufactures, trades,

808 CONGRESSIONAL PROCEEDINGS.

and domestic economy.” Thus, the professor of chemistry
is to analyze different kinds of soils, and to learn and teach
how to enrich them; the professor of natural history is to
deal with noxious or useful animals and insects; the pro-
fessor of geology is to illustrate the working of mines; the
professor of astronomy is to teach navigation; the profes-
sor of architecture and domestic science is charged with
the theory and practice of building, lighting, and ventilat-
ing all manner of edifices; and the professor of agriculture,
horticulture, and domestic economy is to make experiments
to see what exotics will grow and what will not, all over
the United States. And, in pursuance of the same theory
of administration of the fund, it is provided that not a
book is to be purchased for the institution except ‘“‘ works
on science and the arts, especially such as relate to the
ordinary business of life, and to the various mechanical
and other improvements and discoveries which may be
made.”

Now, I say that this creates a college or school—such as
it is—on the basis of a somewhat narrow utilitarianism—
to be sure, erroneously so-called—but a college or academ-
ical institution. Who is to be taught agriculture, architec-
ture, domestic science, rural economy, and navigation ?
Not you, Mr. President, I suppose, not Congress, not the
Government, not men at all. Students, pupils, youths, are
to be brought hither, if you can find them; “rules and
regulations” (so runs ‘the 8th section of the bill) are to be
made “for the admission into the various departments of
the institution, and their conduct and deportment while
they remain therein,” and instruction is to be given them
by professors and lecturers. This surely is a school, a col-
lege, an academical institute of education, such as it is, or
nothing.

Well, sir, in reviewing, as I have had occasion to do, the
proceedings of Congress upon this subject heretofore, I
have received the impression that it had become quite your
settled judgment—settled on the most decisive reasons—
that no school, college, or academical establishment should
be constituted. It seems that in the session of 1838 a joint
committee of the two branches was charged with this
deliberation. The chairman of the committee from this
body was Mr. Robbins, and the chairman, on the appoint-
ment of the House, was Mr. Adams; both of them, I may
pause to say, persons of the most profound and elegant
acquisition ; both of them of that happy rare class who
“ row old still learning.” The two committees differed on

TWENTY-EIGHTH CONGRESS, 1843-45. 309

this very question whether a school or college should be
established. The opinion of the committee of the House
is expressed in the 4th section of the bill (No. 293 Senate)
which they desired to report, and which is in these words:

“Suc. 4. And be it further enacted, That no part of the said Smithsonian
fund, principal or interest, shall be applied to any school, college, univer-
sity, ‘institute of education, or ecclesiastical establishment.”

That of the committee of the Senate is distinctly enough
intimated in the beautiful speech with which Mr. Robbins
introduced the subject in January, 1839. I find it in the
Appendix to the Congressional Globe :

‘““T could wish, if all were agreed in it, that this institution should make
one of a number of colleges, to constitute a university to be established
here, and to be endowed in a manner worthy of this great nation and their
immense resources. But, as opinions are divided upon this subject—not, I
should hope, as to the great desirableness of such an establishment, but as
to the constitutional competency of Congress to undertake it—I will not
embarrass my present object by involving it with that subject. This, as an
independent institution, may hereafter be made a part of such a university,
should one be established; but it is now to be looked at only as an inde-
pendent institution.”’

It was te embody and execute this conception that Mr.
Robbins drew the Senate bill No. 292.

Finding themselves unable to agree, it was determined
that each committee should report both of these bills to
their respective Houses. On the 25th February, 1839, the
bill drawn by Mr. Robbins was taken up in this body, and
after an animated discussion, was laid on the table by a vote
of 20 to 15. This vote is regarded, I perceive, by Mr.
Adams, in his subsequent reports of 1840 and 1842, as ex-
pressing the judgment of the Senate against the establish-
ment of such academical institute of learning. He says:

‘Tt is then to be considered as a circumstance propitious to the final dis-
posal of this fund, by the organization of an institution the best adapted
to accomplish the design of the testator, that this first but erroneous im-
pression of that design, an institute of learning, a university, upon the
foundation of which the whole fund should be lavished, and yet prove
inadequate to its purpose, without large appropriations of public moneys
in its aid—should have been presented to the consideration of Congress,
referred to a numerous joint committee of both Houses, there discussed,
reported for the deliberation of both Houses, fully debated in the House
where it originated, and then decisively rejected.”’

If such may be inferred to have been the judgment of
the Senate, it may be defended on the most decisive reasons.
It is hardly worth while to move the question whether it
would be expedient to apply the fund as far as it would go
to the founding of a great university deserving of the name

—a national ‘university—in which all the branches of a
thorough education should be taught; which should fill the

310 CONGRESSIONAL PROCEEDINGS.

space between the college and professional schools which
should guide the maturer American mind to the highest
places of knowledge; for such should be the functions of
such a university. It is not worth while to move this ques-
tion, because no such proposition is before us. Iam afraid,
with Mr. Adams, that to found such a university would
consume the whole fund, interest and principal, almost at
once, and reduce you to the alternative of a signal failure,
or of occasional and frequent application to the Govern- —
ment for aid which could never be granted. But the Sen-. —
ator from Ohio contemplates nosuch thing. He constructs
his college on a far more moderate model; and of this
college of his I am constrained to say, that I think it in the
actual state of academical education wholly unnecessary,
and in a great degree useless. Why, sir, there are in the
country more than a hundred colleges; I have seen them
estimated at one hundred and seventy-three. These are dis-
tributed all over the United States; two are in this District.
They are at the doors of the people. I suspect that every
one of them has a professor for every department provided
for in this bill, except architecture and domestic science,
and agriculture and rural economy. In every one, without
any difficulty, that special attention here recommended, to
the application of science “to the ordinary business of
life,” may be, if it is not now secured, if in the judgment
ot those who are entrusted with their management it is
thought expedient. Why, sir, I recollect that navigation
was taught in one at least of our common free district
schools of Massachusetts thirty years ago. I cannot concur
with the honorable framer of the bill, therefore, that his
school is to “furnish facilities for the acquisition of such
branches of knowledge as are not taught in the various
universities.” It will do no such thing. It will injure
those universities, rather, if it has any effect, by withdraw-
ing from them some portion of the patronage for which
they are all struggling, and of which so few get a full meal.
Such a school, then, I think, is scarcely now necessary.
In this city it would be, to say no more, very far from gen-
erally useful. It would hardly appear to be an instrumen-
tality coming up to the sonorous promise of “ increasing
and diffusing knowledge among men.” Who would its
pupils be? Who could afford to come all the way to
Washington from the South, West, and North to learn
architecture, navigation, and domestic science? Certainly
only the sons of the wealthy, who would hardly come, if
they could, to learn any such branch of homely knowledge.

|
|

TWENTY-EIGHTH CONGRESS, 1843-45. 311

You-might collect some few students in the District and
the borders of the adjacent States; but for any purpose of
wide utility the school would be no more felt than so much
sunshine on the poles. Meantime here would be your pro-
tessors, their salaries running on, your books, and appa-
ratus, and edifices, a show of things—a pretty energetic
diffusing of the fund, not much diffusion of knowledge.

I shall venture, then, to move to strike out al! those parts
of the bill which indicate the particular mode in which the
bequest is to be applied to the increase and diffusion of
knowledge. I except the provision for experiments in seeds
and plants, on which I will say a word hereafter. If this
motion prevails the whole question will recur: What shall
we do with the fund?

It has seemed to me that there are two applications of it
which may just now meet with favor.

In the first place, to begin with the least important, I
adopt, with some modifiations, the suggestion in the bill
that lectures be delivered in this city for two or three
months during every session of Congress. These lectures
should be delivered not by professors permanently fixed
here, upon annual salaries, to do nothing in the recess of
Congress, or to do nothing that cannot be as well done at
one hundred and fifty other places, but by gentlemen emi-
nent in science and literature, holding situations elsewhere,
and coming hither under the stimulations and with the
ambition of a special and conspicuous retainer. They
might be professors of colleges, men of letters, persons dis-
tinguished in the professions, or otherwise. Names will
occur to you all which I need not mention; and their lec-
tures should be adapted to their audiences. Who would
their audiences be? Members of Congress with their fam-
ilies, members of the Government with theirs, some inhab-
itants of this city, some few strangers who occasionally
honor us with visits of curiosity or business. They would
be public men, of mature years and minds; educated, dis-
ciplined to some degree, of liberal curiosity, and appreci-
ation of generous and various knowledge. Such would be
the audience. The lectures should be framed accordingly.
I do not think they should be confined to three or four
physical sciences in their applications to the arts of life—
navigation, useful or hurtful insects and animals, the ventil-
lation of rooms, or the smoking of chimneys. This is
knowledge, to be sure; but it is not all knowledge, nor
half of it, nor the best of it. Why should not such an
audience hear something of the philosophy of history, of

312 CONGRESSIONAL PROCEEDINGS.

classical and of South American antiquities, of interna-
tional law, of the grandeur and decline of States, of the
progress and eras of freedom, of ethics, of intellectual phi-
losophy, of art, taste, and literature in its most comprehen-
sive and noblest forms? Why should they not hear such
lectures as Sir James Macintosh delivered when a young
man to audiences among whom were Canning, and such as
he? Would it not be as instructive to hear a first-rate
scholar and thinker demonstrate out of a chapter of Greek
or Italian history how dreadful a thing it is for a cluster of
young and fervid democracies to dwell side by side, inde-
pendent and disunited, as it would to hear a chemist maintain
that to raise wheat you must have some certain proportion
of lime in the soil? But the subjects of lectures would of
course be adapted to time, place, and circumstances, and
varied with them. Whatever they should treat of, they
would be useful. They would recreate, and refresh, and
instruct you. They would relieve the monotony, and soften
the austerity, and correct all the influences of this kind of
public service.

But, Mr. President, all this is no administration of the
fund; all this ought to cost less than five thousand dollars
a year. We could not sustain more than one lecture in a
week, nor that for more than three months of any session.
Here is an accumulated interest of two hundred thousand
dollars; and here is an annual interest of thirty thousand,
of which thus far I have provided for an expenditure of
some five thousand only. What will you do with the rest ?

It is easy to waste this money; it is easy to squander it
in jobs, salaries, quackeries; it-1s easy, even under the
forms of utility, to disperse and dissipate it in little rills
and drops, imperceptible to all human sense, carrying it off
by an insensible and ineffectual evaporation. But, sir, L
take it that we all earnestly desire—I am sure the Senator
from Ohio does so—so to dispense it as to make it tell. I
am sure we all desire to see it, instead of being carried off
invisibly and wastefully, embody itself in some form, some
exponent of civilization, permanent, palpable, conspicuous,
useful. And to this end it has seemed to me, upon the
most mature reflection, that we cannot do a safer, surer,
more unexceptionable thing with the income, or with a
portion of the income—perhaps twenty thousand dollars a
year for a few years—than to expend it in accumulating a
grand and noble public library—one which, for variety,
extent, and wealth, shall be, and be confessed to be, equal to
any now in the world.

TWENTY-EIGHTH CONGRESS, 1843-45. 313

I say for a few years. Twenty thousand dollars a year,
for twenty-five years, are five hundred thousand dollars;
and five hundred thousand dollars discreetly expended, not
by a bibliomaniac, but by a man of sense and reading, thor-
oughly instructed in bibliography, would go far, very far,
towards the purchase of nearly as good a library as Europe
can boast. I mean a library of printed books, as distinct
from manuscripts. Of course such a sum would not pur-
chase the number of books which some old libraries are
reported to contain. It would not buy the 700,000 of the
Royal Library at Paris, the largest in the world; nor the
500,000 or 600,000 of that of Munich, the largest in Ger-
many; nor the 300,000, 400,000, or 500,000 of those of
Vienna and St. Petersburg, and the Vatican at Rome, and
Copenhagen, and the Bodleian at Oxford. But mere num-
bers of volumes afford a very imperfect criterion of value.
Those old libraries have been so long in collecting; acci-
dent and donation, which could not be rejected, have con-
tributed so much to them, a general and indiscriminate
system of accumulation gathers up, necessarily, so much
trash ; there so many duplicates and quadruplicates, and so
many books and editions which become superseded, that
mere bulk and mere original cost must not terrify us. Pon-
derantur non numerantur. Accordingly the Library of the
University at Gottingen, consisting of perhaps two hundred
thousand volumes, but well chosen, selected for the most
part, within a century, and to a considerable extent by a
single great scholar, (Heyne,) is perhaps to-day as valuable
a collection of printed books as any in the world. Towards
the accumulation of such a library, the expenditure of
two-thirds of this income for a quarter of a century would
make, let me say, a magnificent advance. And such a step
taken, we should never leave the work unfinished; yet
when it should be finished, and your library should rival
anything which civilization has ever had to show, there
would still be the whole principal of your fund unexpended,
yielding its income forever, for new and varying applica-
tions for increasing and diffusing knowledge in the world.

[Mr. Cuoate here read a letter of Professor Torrey, of
Burlington, showing at what reduced prices valuable books
may now be purchased. ]

I hesitate, from an apprehension of being accused of en-
tering too far into a kind of dissertation unsuited to this
assembly of men of business, to suggest and press one-half
the considerations which satisfy my mind of the propriety
of this mode of expenditure. Nobody can doubt, I think,

314 CONGRESSIONAL PROCEEDINGS.

that it comes within the terms and spirit of the trust.
That directs us to ‘“‘increase and diffuse knowledge among
men.” And do not the judgments of all the wise—does
not the experience of all enlightened States—does not the
whole history of civilization, concur to declare that a vari-
ous and ample library is one of the surest, most constant,
most permanent, and most economical instrumentalities to
increase and diffuse knowledge? There it would be—dura-
ble as liberty, durable as the Union; a vast storehouse, a
vast treasury, of all the facts which make up the history of
man and of nature, so far as that history has been written ;
of all the truths which the inquiries and experiences of all
the races and ages have found out; of all the opinions
that have been promulgated; of all the emotions, images,
sentiments, examples, of all the richest and most instructive
literatures: the whole past speaking to the present and the
future; a silent, yet wise and eloquent teacher; dead yet
speaking—not dead! for Milton has told us that a “ good
book is not absolutely a dead thing—the precious life-blood
rather of a master spirit; a seasoned life of man embalmed
and treasured up on purpose to a life beyond life.”’ Is that
not an admirable instrumentality to increase and diffuse
knowledge among men? It would place within the reach
of our mind, of our thinkers, and investigators, and schol-
ars, all, or the chief, intellectual and literary materials, and
food and instruments, now within the reach of the culti-
vated foreign mind; and the effect would be to increase the
amount of individual acquisition, and multiply the number
of the learned. It would raise the standard of our schol-
arship, improve our style of investigation, and communicate
an impulse to our educated and to the general mind. There
is no library now in this country, [ suppose, containing over
50,000 volumes. Many there are containing less. But,
from the nature of the case, all have the same works; so
that I do not know, that of all the printed books in the
world, we have in this country more than 50,000 different
works. The consequence has been felt and lamented by all
our authors and all our scholars. It has been often said
that Gibbon’s history could not have’ been written here for
want of books. I suppose that Hallam’s Middle Ages, and
his Introduction to the Literature of Hurope could not.
Irving’s Columbus was written in Spain. Wheaton’s North-
men Was prepared to be written in Copenhagen. See how
this inadequate supply operates. An American mind kin-
dles with a subject; it enters on an investigation with a
spirit and with an ability worthy of the most splendid

TWENTY-HIGHTH CONGRESS, 1843-45. 315

achievement; goes a little way, finds that a dozen books,
one book, perhaps, is indispensable, which cannot be found
this side of Gottingen or Oxford ; it tires of the pursuit, or
abandons it altogether, or substitutes some shallow conjec-
ture for a deep and accurate research, and there an end.
Let me refer to a passage or two of the complaints of stu-
dious men on this subject :

‘“‘An extensive library, answering to the wants of literary men who are
to use it, is essential to the public and effectual promotion of learning. In
this country the want of large libraries, is a serious discouragement of su-
perior attainments and accurate researches in almost every walk of study.
The time necessary for reading or examining a particular book is often
consumed in attempts to discover or obtain it; and frequently, after every
effort, it cannot be procured. We are obliged to give over our inquiries on
subjects where we would arrive at fulness and exactness in our knowledge,
because destitute of the assistance which the learned, in the same track of
study, have furnished, or to continue them under the disadvantage of igno-
rance respecting what has been done by others. Thus we are liable to be
occupied in solving difficulties which have been already cleared, discussing
questions which have been already decided, and digging in mines of litera-
ture which former ages have exhausted. Every one who has been in the
way of pursuing any branch of study in our country beyond the mere ele-
ments, or the polite and popular literature of the time, knows how soon the
progress is often arrested for want of books. This is not the case merely
with persons of moderate means, who are unable to purchase a library of
their own, but it is a want felt under the most favorable circumstances.

‘Tt is also of great importance that the library of a university should
not only be good, but very good, ample, munificent; a deposit of the
world’s knowledge. It is a grievous thing to be stopped short in the midst
of an inquiry for perhaps the very book that throws most light upon it;
and the progress of learning must be small indeed among us, so long as the
student must send across the Atlantic at every turn for the necessary aids
to his pursuits. It is not with us as it is in Europe, where very many libra-
ries exist, and where what is not contained in one may be found in another;
and the learned are able to aid each other’s labors by furnishing mutually,
as desired, extracts and references to such books as may exist at one place
and fail at another. To say nothing of our two best libraries being remote
from each other and from many parts of the country, they are themselves,
of course, inadequate. In making one tolerably complete department ex-
pressly chosen for that, and entirely devoted to it, we might easily comprise
the amount of books in our largest collection. When it is added that the
libraries mentioned are miscellaneous, their number of books small, as the
sum total is scattered over all the parts of knowledge, and many introduced
by separate contributions without mutual reference to each other, it is obvi-
ous that, comparatively speaking, the best must be extremely defective.’’—
North American Review, vol. 8, p. 192.

‘‘ What public library in this country contains the materials for an accu-
rate history of any one department of science? Take even the most lim-
ited, or rather one of the most recent of all, the science of political economy.
Here our researches are confined to one definite period. We have no dusty
archives to explore, no time-worn manuscripts to decipher. The origin of
the science is within the memory of our fathers, and we ourselves have
witnessed its sudden growth and rapid development. Yet how much is to
be done, how many authorities to be weighed, how many different treatises
to be analyzed and compared, before we can venture to say: Here is the
history ; for such was the rise, sueh the progress, such the changes of
opinions, such the received and such the rejected theories of political econ-

316 CONGRESSIONAL PROCEEDINGS.

omy! The writers of the first French school, of the Scotch school, (and,
if we wish for history, we must go beyond the publication of Adam Smith’s
great work,) the Italian, the new French, and the new English schools, al}
have not merely a claim upon our attention, but are entitledto a full and
accurate examination. And even then our task would be incomplete ; for
literary justice would require us to trace, through the works of general
political writers, the hints and remarks which have contributed to the prog-
ress of the branch we are studying, by the discovery of truth or by the
exposition of error. If such be the obligation of the student whose re-
searches are confined to a subject so new, what must be the necessities of
the historian who attempts to throw light upon those periods, for which the
testimony of printed authorities is to be confronted with that of manuscripts
and public documents, and where ignorance and prejudice have combined
with the more powerful incentives of interest to perplex his path by contra-
dictory statements and conflicting opinions!

‘‘ Books are needed, not confined to any single branch, but embracing
the whole range of science and of literature, which shall supply the means
of every species of research and inquiry, and which, placed within reach
of all, shall leave idleness no excuse for the lightness of its labors, and
poverty no obstacles which industry may not surmount.

‘© Whoever reflects, though but for a moment, upon the numerous
branches into which modern literature runs, and remembers that the liter-
ary glory of a nation can only be secured by a certain degree of success in
each of them—whoever considers the immense mass of varied materials,
without which no historical work of importance can be composed, or the
extensive learning which is required of even the most gifted genius of an
age like ours, and adds to these considerations the general and undeniable
fact that of those who would gladly devote themselves to literature, but a
few can ever hope to obtain by their own resources the command of the
works that are essential to the successful prosecution of their studies, will
be ready to acknowledge that we have, as yet, done but a small part of
what may be justly claimed from a nation which aspires to the first rank
for the liberality, and politeness, and high moral tone of its civilization.
Late, however, as we are to begin, scarce anything in this department has
been accomplished in Hurope which might not be done with equal success
in America. And so numerous and manifest are our advantages in some
important particulars, that a prompt will and sound judgment in the execu-
tion of it might, in the course of a very few years, render the American
student nearly independent of those vast collections which, in Europe, have
required centuries for their formation. The undertaking, however, in
order to be successful, should be a national one. Without arguing that no
State is fully equal to it, or that in the bounds of any single State it would
not answer the same purpose, we may be permitted to say that the enlarge-
ment of the library of Congress upon those broad principles, the applica-
tion of which to the collection of books has become a difficult and import-
ant art, would reflect an honor upon the country equal to the permanent
advantages which it would secure to every member of the community.’’—
North American Review, vol. 45, p. 187.

Yet these writers had access to the best library in this
country.

Now there are very many among us, and every day we
shall have more, who would feelingly adopt this language.
Place within their reach the helps that guide the genius and
labors of Germany and England, and let the genius and
labors of Germany and England look to themselves! Our
learned men would grow more learned and more able; our
studies deeper and wider; our mind itself exercised and

TWENTY-EIGHTH CONGRESS, 1845-45. SIF

sharpened ; the whole culture of the community raised and
enriched. This is, indeed, to increase and diffuse knowl-
edge among men.

If the terms of the trust, then, authorize this expenditure,
why not make it? Not among the principal, nor yet the
least of reasons tor doing so, is, that all the while that you
are laying out your money, and when you have laid it out,
you have the money’s worth, the value received, the property
purchased, on hand, to show for itself and to speak for itself.
Suppose the professors provided for in the bill should gather
a little circle of pupils, each of whom should carry off with
him some small quotient of navigation or horticulture, or
rural economy, and the fund should thus glide away and
evaporate in such insensible, inappreciable appropriations,
how little there would be to testify of it! Whereas here,
all the while, are the books; here is the value; here is the
visible property; here is the oil, and here is the light.
There is something to point to, if you should be asked to
account for it unexpectedly, and something to point to, if a
traveller should taunt you with the collections which he has
seen abroad, and which gild and recommend the absolutisms
of Vienna or St. Petersburgh.

Another reason, not of the strongest to be sure, for this
mode of expenditure is, that it creates so few jobs and sine-
cures; so little salaried laziness. There is no room for
abuses init. All that you need is a plain, spacious, fire-
proof building; a librarian and assistants ; an agent to buy
your books, and a fire to sit by. For all the rest, he who
wants to read goes and ministers to himself. It is an appli-
cation of money that almost excludes the chances of abuses
altogether.

Bat the decisive argument is, after all, that itis an applica-
tion the most exactly adapted to the actual literary and scien-
tific wants of the States and the country. IJ have said that
another college is not needed here, because there are enough
now; and another might do harm as much as good. But
that which is wanted for every college, for the whole
country, for every studious person, is a well-chosen library,
somewhere among us, of three or four hundred thousand
books. Where is such a one to be collected? How is it
to be done? Who is to do it? Of the hundred and fifty
colleges, more or less, distributed over the country, one has
a library of perhaps fifty thousand volumes; others have
good ones, though less; others smaller, and smaller, down
to scarcely anything. With one voice they unite, teacher
and pupil, with every scholar and thinker, in proclaiming

318 CONGRESSIONAL PROCEEDINGS.

the want of more. But where are they tocome from? No
State is likely to lay a tax to create a college library, or a
city library. No death-bed gift of the rich can be expected
to do it. How, then, is this one grand want of learning to
be relieved? It can be done by you, and by you only. By
a providential occurrence, it is not.only placed within your
constitutional power, but it has become your duty; you
have pledged your faith ; you have engaged to the dead and
living that, without the charge of one dollar on the people,
you, you will meet the universal and urgent demand by the
precise and adequate supply. By such a library as you can
collect here something will be done, much will be done, to
help every college, every school, every studious man, every
writer and thinker in the country to just what is wanted
most. Inquirers after truth may come here and search for
it. It will do no harm at all to pass a few studious weeks
among these scenes. Having pushed their investigations as
far as they may at home, and ascertained just what, and
how much more, of helps they require, let them come
hither and find it. Let them replenish themselves, and
then go back and make distribution among their pupils;
ay, through the thousand channels, and by the thousand
voices of the press, let them make distribution among the
people! Let it be so that—

‘¢ Hither as to their fountains other stars
Repairing, in their golden urns, draw light.”

I have no objection at all—I should rejoice rather—to see
the literary representatives of an instructed people come
hither, not merely for the larger legislation and jurispru-
dence, but for the rarer and higher knowledge. Iam quite
willing, not only that our ““Amphyctionic Council ” should
sit here, but that it should find itself among some such
scenes and influences as surrounded that old renowned
assembly ; the fountain of purer waters than those of Cas-
talia ; the temple and the oracle of our Apollo! It will do
good to have your educated men come to Washington for
what has heretofore cost voyages to Germany. They will
be of all the parts of the country. They will become ac-
quainted with each other. They will contract friendships
and mutual regards. They will go away not only better
scholars, but better unionists. Some one has said that a
great library moulds all minds into one republic. It might,
in a sense of which he little dreamed, help to keep ours
together.

T have intimated, Mr. President, a doubt whether a college

TWENTY-EIGHTH CONGRESS, 1843-45. 319

or university of any description, even the highest, should be
at present established here. But let it be considered by the
enlightened friends of that object, if such there are, that
even if your single purpose were to create such a university,
you could possibly begin in no way so judiciously as by col-
lecting a great library. Useful in the other modes which I
have indicated, to a university it is everything. It is as
needful as the soul to the body. While you are doubting,
then, what to do, what you will have, you can do nothing
so properly as to begin to be accumulating the books which
you will require on whatever permanent plan of application
you at last determine.

I do not expect to hear it said in this assembly that this
expenditure for a library will benefit a few only, not the
mass ; that it is exclusive and of the nature of monopoly.
It is to be remembered that this fund is a gift; that we take
it just as it is given; and that by its terms it must be dis-
bursed here. Any possible administration of it, therefore,
is exposed to the cavil that all cannot directly, and literally,
and equally partake of it. How many and of what classes
of youth from Louisiana, or Illinois, or New England, for
example, can attend the lectures of your professor of astron-
omy? But Isay it is a positive and important argument
for the mode of application which I urge, that it is so diffu-
sive. Think of the large absolute numbers of those who,
in the succession of years, will come and partake directly
of these stores of truth and knowledge! Think of the
numbers without number who, through them, who by them
indirectly, will partake of the same stores! Studious men
will come to learn to speak and write to and for the grow-
ing millions of a generally educated community. They
will learn that they may communicate. They cannot hoard
if they would, and they would not if they could. They
take in trust to distribute; and every motive of ambition,
of interest, of duty, will compel them to distribute. They
buy in gross, to sell by retail. The lights which they kin-
dle here will not be set under a bushel, but will burn on a
thousand hills. No, sir; a rich and public library is no
anti-republican monopoly. Who was the old Egyptian king
that inscribed on his library the words—the dispensary of
the soul? You might quite as well inscribe on it—armory,
and light, and fountain of liberty !

It may possibly be inquired what account [ make of the
library of Congress. I answer, that I think it already quite
good and improving ; but that its existence constitutes no
sort of argument against the formation of such a one as I

320 CONGRESSIONAL PROCEEDINGS.

recommend. In the theory of it, that library is collected
merely to furnish Congress and the Government with the
means of doing their official business. In its theory it must
be, in some sort, a professional library ; and the expenditure
we now make—five thousand dollars in a year, or, as last
year, two thousand and five hundred—can never carry it up
to the rank and enable it to fulfill the functions of a truly
great and general public library of science, literature, and
art. The value of books which could be added under the
appropriations of the last year, cannot greatly exceed
twenty-two hundred dollars. Doubtless, however, in the
course of forming the two, it would be expedient and inevi-
table to procure to a great extent different books for each.

I do not think, Mr. President, that I am more inclined
than another to covet enviously anything which the older
civilization of Europe possesses which we do not. I do not
suppose that I desire, any more than you, or than any of
you, to introduce here those vast inequalities of fortune,
that elaborate luxury, that fantastic and extreme refinement.
But {£ acknowledge a pang of envy and grief that there
should be one drop or one morsel more of the bread or
water of intellectual life tasted by the European than by the
American mind. Why should not the soul of this country
eat as good food and as much of it as the soul of Europe?
Why should a German or an Englishman sit down to a re-
past of five hundred thousand books, and an American
scholar, who loves truth as well as he, be put on something
less than half allowance? Can we not trust ourselves with
so much of so good a thing? Will our digestion be im-
paired by it? Are we afraid that the stimulated and fervid
faculties of this young nation will be oppressed and over-
laid? Because we have liberty which other nations have
not, shall we reject the knowledge which they have and
which we have not? Or will you not rather say, that,
because we are free, therefore will we add to our freedom
that deep learning and that diffused culture which are its
grace and its defense ?

He concluded by moving the following amendment:

Strike out the eighth section and insert

Sec. 8. And whereas an ample and well selected public library consti-
tutes one of the permanent, constant, and effectual means of increasing and
diffusing knowledge among men; therefore

Bz it further enacted, That a sum not less than $20,000 be annually ex-
pended, of the interest of the fund aforesaid, in the purchase of books and
manuscripts for the formation of a library of the institution aforesaid,
which, for its extent, variety, and value, shall be worthy of the donor of
the said fund, and of this nation, and of the age.

TWENTY-EIGHTH CONGRESS, 1843-45. 321

Mr. Tappan next addressed the Senate, but in so low a
tone of voice that only detached sentences of his remarks
could be heard in the gallery. He was understood to argue
that there was no necessity for striking out the eighth see-
tion, or materially altering the bill, as it was not incompat-
ible with its provisions to engraft upon it a modification of
the proposition submitted by the Senator from Massachusetts.
If a library on a liberal scale, such as the Senator desired, was
deemed proper, it would be only necessary to add a section to
that effect to the bill, striking out so much of the first see-
tion as relates to the same subject. But he did not concur
with the Senator from Massachusetts that a vast and costly
miscellaneous library would meet the objects contemplated
by the donor with this munificent fund. In addition to the
general terms of his expressed will, that this fund should be
applied to the “ increase and diffusion of knowledge among
men,” it was proper to inquire into the manner in which he
himself conceived this was best to be accomplished; and in
this inquiry whatever instruction could be gleaned trom his
own habits and pursuits should not be disregarded, in the
absence of other lights. Mr. Smithson was an eminent
practical philosopher, intimately acquainted with the prac-
tical sciences—such as chemistry, mineralogy, geology, and
natural history—to the minute study of which he mainly
devoted his life. His favorite resort was the Jardin des Plantes
at Paris, an institution in which he found congregated al
the elements furnished by art, nature, and science, for pur
suits congenial to his own mind. There could be little-
doubt that, in making this bequest to the United States, he
had in view the establishment of some such institution as
the Jardin des Plantes in the western hemisphere. On this
reasonable supposition the present bill was framed; and to
show that it conformed closely to that design he requested
a description of that institution, which he sent to the table,
would be read.

The description was accordingly read, but being imper-
fectly heard the substance only is here given:

Jardin Royal des Plantes ou Jardin du ftoi.—This institu-
tion owes its origin to Guy de la Brosse, physician to Louis
XIII. Richelieu, Sequier, and Bullion, intendants of finance
enabled him to found a botanic garden, and to lay down the
plan, which his successors carried to perfection. This germ
grew to maturity during the reigns of Louis XIV and XV;
and the other departments owed their excellence of arrange-
ment to the celebrated Buffon during his superintendence.
His studies embraced all nature, and he collected his mate-

21

S22 CONGRESSIONAL PROCEEDINGS.

rials from every portion of the globe. Since his time, Dau-
berton completed the whole plan, and raised the establish-
ment to the highest degree of perfection.

Distinguished professors exercise their talents in gratu-
itous lectures on mineralogy, geology, general chemistry,
botany, agriculture, natural history, the anatomy of man
and animals, and iconography.

The building contains a copious library of works of nat-
ural history, fine collections of preserved animal specimens,
vegetables, minerals, complete herbaries, drawings of extra-
ordinary merit, and a garden judiciously and tastefully laid
out, in which is combined the cultivation of indigenous pro-
ductions with that of exotic plants. The productions of
every region of the globe are preserved in extensive hot-
houses. There is a menagerie, a superb botanical garden,
a splendid amphitheatre for lectures, and spacious cabinet of
curiosities. LEverything is open to the public gratuitously.

Mr. T., in continuation, expatiated at considerable length
upon the merits of the bill; and in proof that its provisions
were calculated to meet the wishes and intentions of the
donor of the munificent fund now the object of considera-
tion. He doubted the utility of such an extensive and costly
library as had been suggested by the Senator from Massa-
chusetts; he doubted the possibility of laying out usefully
and advantageously $20,000 a year—or even more than
four or five thousand dollars a year—in the purchase of
books. It would be impossible to make such a vast collec-
tion of books as $500,000 would purchase, without includ-
ing cart loads—nay ship loads—of trash, not worth in reality
the cost of transport. There was the library of Congress,
to the increase of which $5,000 was annually appropriated,
and it was well known that this sum enabled the committee
to procure everything coming out in print worth procuring.
Yet, in this library, small in comparison to any of those
foreign libraries alluded to by the Senator, he protested
there was more than half the books that he would not take
a gift of for the cost of transportation to Ohio. In conclu-
sion he saw no necessity for striking out the eighth section
of the bill. If the Senate approved of a more liberal pro-
vision for the library, an additional section could be put
after the eighth section, and the necessary alteration could
be made in the first section. aby

Mr. Woopszury did not rise for any purpose of opposition,
but to suggest a course that would probably result in har-
monizing the propositions of the Senators from Ohio and
Massachusetts. He thought if the bill was recommitted to

- TWENTY-EIGHTH CONGRESS, 1843-45. 323

the Committee on the Library, it would receive more atten-
tion than it was possible to bestow upon it when there before,
in consequence of the absence of some of its members; and
he had no doubt the propriety of providing for the establish-
ment of a complete library on a liberal seale—he would not
say to the extent of purchases amounting annually to twenty
thousand, fifteen thousand, or ten thousand dollars, but to
an extent commensurate with the wants of science and the
arts in this country at present, to be hereafter enlarged as
might be found necessary. He should be sorry to see the
eighth section of the bill stricken out, for he thought there
were important provisions in it which ought to be retained.
The professors, and everything going to the principle of
having a college or school connected with the institution,
should be dispensed with, but the plan of employing emi-
nent lecturers should be retained. These lecturers could
very well perform all the experiments required by the bill
of professors. If lecturers of great attainments, even from
Europe were deemed necessary, they could be procured and
paid liberally. The donor of this fund was too well in-
formed not to know that in this country the most ample
provisions in school lands had been made for elementary
education, and that this fund was at least equal to a stock
yielding a million and a half of dollars annually for pur-
poses of education. His intention doubtless was to devote
| his bequest to that increase and diffusion of knowledge
' among men which was not to be attained at existing insti-
| tutions of learning in this country; and it was obvious this
intention could be best accomplished by a harmonious blend-
ing of the propositions of the two Senators, properly modi-
| fied. There was, however, one part of the plan he strongly
| objected to as unnecessary; it was that relating to the estab-
| lishment of asalaried board of managers. The whole thing
_ of balloting in Congress for this board of managers was ob-
_ jJectionable, and would lead to loss of time and other incon-
_ veniences; besides, the persons so chosen might be the mos}
| unfit. There was no occasion whatever for that descrip-
| tion of management. A National Institute was already in
existence in the capital of the government, created by Con-
gress, and the objects of which were peculiarly appropriate
| to those of the trust now under consideration. The officers
| of this institute are the ex officio officers of the government
itself, the scientific residents of the city, and the most emi-
nent professors of many of the learned institutions of the
country. These are all gentlemen of high attainments and

character, to whom the pursuit of knowledge and its diffu-

324 CONGRESSIONAL PROCEEDINGS.

sion are labors of love, for which they seek no pecuniary
reward. To that Institute this trust should be confided.
He haped, therefore, that in remodeling the bill, the com-
mittee would allow this matter its due weight and con-
sideration.

Mr. Tappan saw no necessity for recommitting the bill to
the Committee on the Library or any other committee.
The Senate could, without striking out the eighth section,
amend it, and incorporate such modification as might ap-
prove of the proposition made by the Senator from Massa-
chusetts.

Mr. Pearce suggested the propriety of postponing the
further consideration of the bill till to-morrow, by which
time gentlemen might make up their minds as to the neces-
sity of remodelling the bill.

SENATE, January 9, 1845.

The unfinished business from yesterday was the bill pro-
viding for the establishment of the Smithsonian Institution,
the consideration of which was accordingly resumed, as in
committee of the whole.

Mr. Tappan inquired what was the pending motion.

The Cuarr said it was to recommit the bill.

Mr. Woopsury said, that in compliance with the desire
of the Senators who took part in the discussion of yester-
day, he would for the present, withdraw his motion to re-
commit.

Mr. Cuoate also withdrew his motion of amendment,
pending at the time the Senator from New Hampshire
moved to recommit the bill.

Mr. C. then moved to strike out the proviso in the first
section of the bill, which runs thus:

Provided, That the books to be purchased for said institution shall con-
sist of works on science and the arts, especially such as relate to the ordi-
nary business of life, and tothe various mechanical and other improvements
and discoveries which may be made.

His object was to avoid a premature decision on the point
at issue as to the plan of a general library, or a special one
limited to works on physical science. By striking out the
proviso, the Senate would not commit itself—the question
as to the nature of the library being reserved for amend-
ment to another section of the bill.

Mr. Tappan considered the motion to strike out the pro-
viso must produce a test vote on the very point; and if that

TWENTY-EIGHTH CONGRESS, 1843-45. 82

or

test was desired, it might as well be taken on it as on any
other amendment.

He argued that a library limited to the works on sciences
and the arts, specified in the proviso, would be the only suit-
able and appropriate library for the institution. There was
no necessity for another general library in the city of Wash-
ington, where the government had already the library of
Congress, the libraries of the State, War, Navy and other
public departments, annually augmented by means of large
appropriations.

Mr. Woopsury, before the question of striking out the
proviso was taken, wished to offer an amendment which
might render it more acceptable. He moved the substitute
for the words ‘consist of,” the words “‘ among others, in-
elude; ” which would take away the imperative injunction
to purchase none but books on science and the arts.

Mr. CRITTENDEN was about to suggest some such modifi-
cation. He thought the proviso might be modified so as to
read, ‘“‘ That in the purchase of books, it shall be a principal
object to obtain works,” &c., following on with the words
of the original.

Mr. Tappan said the Senator’s object would be attained
by substituting for the words “consist of,” the words prin-
cipally be.”

Mr. CRITTENDEN said that would not exactly convey his
idea.

Mr. Pearce preferred striking out the proviso altogether.
If he understood the object aimed at by the Senator from
Massachusetts, it was to make the interest of this munificent
bequest accomplish the injunction of the donor, by such an
increase and diffusion of knowledge among men as a com-
plete national library, worthy of him and this country would
undoubtedly insure. The library of Congress, though no
larger than the private collections of many private gentle-
men in Europe, had been thirty years collecting, and now
numbered only 40,000 volumes. The library of the British
Museum consists of 200,000 volumes; yet, by a recent re-
port, it appears that £100,000 is required to render it com-
plete. The libraries of the government alluded to by the
Senator from Ohio, are indispensable to the departments, as
is that of Congress to the Capitol: they cannot with due re-
gard to the interests of national legislation, be transferred
for public use as a national library. By carrying out the
suggestion of the Senator from Massachusetts, a great
national library, worthy of the country and the donor of this
fund, may be established.

326 CONGRESSIONAL PROCEEDINGS.

The question was taken on Mr. Woodbury’s amendment,
and it was rejected.

Mr. CritTENDEN now moved his amendment, (before
stated.)

Mr. CuoatE thought it equally objectionable; its tendency
would be to prompt the managers to the selection alone of
the description of works in some measure prescribed. He
would infinitely prefer the postponement of this question of
limitation till an amendment to the eighth section, which
he had in view, should come up. He hoped the simple
motion to strike out the proviso would prevail.

Mr. CritTENDEN withdrew his motion.

After a few remarks from Mr. Tappan in favor of retain-
ing the proviso,

The question was taken on the motion of Mr. Choate,
and the proviso was stricken out.

Mr. CHoaTE now moved to insert in the fifth section,
which enumerates the duties of the superintendent, so much
of the succeeding sections as the following words contain:
‘“ And he (the superintendent) shall make experiments to
determine the utility and advantage of new modes and in-
struments of culture; to determine whether new fruits,
plants, and vegetables may be cultivated to advantage in
the United States; and all such fruits, plants, seeds, and
vegetables as shall be found useful, and adapted to any of
our soils and climate, shall be distributed among the people
of the Union.” This would meet the wishes of the Senator
from Ohio, so far as regarded the professor of agriculture
and horticulture. It was his design to move afterwards to
strike out the 7th section, which provides for a corps of pro-
fessors, and to offer a substitute.

Mr. Tappan thought there were other professors equally
indispensable—such as one on chemistry and one on astron-
omy. If a professor of astronomy were attached to the in-
stitution, the observatory could be confided to its care, and
the very valuable instruments it contains would afford facil-
ities for the study of that branch of science at the capital
not to be obtained elsewhere in the Union. Chemistry was
also intimately connected with the objects of the institution.

Mr. Cyoave said discussion on these points would come
up on a future motion he should make.

The question was then taken and the amendment adopted.

Mr. CuoatE now moved to strike out the 7th section, and
to insert in lieu of it the following:

Section 7, strike out all after the enacting clause, and insert, ‘‘ That the
board of managers shall employ competent persons to deliver lectures, or

TWENTY-EIGHTH CONGRESS, 1843-45. 327

eourses of lectures, in the institution, upon literature, science, and art, and
the application of science and art, during the sessions of Congress; to make
regulations respecting attendance thereon; to fix the rates of compensa-
tion therefor; and to prescribe from time to time, the subjects of such lec-
tures, having regard to the character of the audience before whom they are
delivered, and the intent of the donor—that is to say, the increase and dif-
fusion of knowledge among men,

The amendment was adopted.

Mr. CHoate next moved to strike out the 8th section, and
to substitute the following:

Sec. 8. And whereas an ample and well-selected public library consti-
tutes one of the most permanent, constant, and effectual means of increas-
ing and diffusing knowledge among men; therefore

Be it further enacted, That an annual expenditure, be made from the in-
terest of the fund aforesaid, under the direction of the said managers, on
the purchase of books and manuscripts for the formation of a library of the
institution aforesaid, which, for its extent, variety, and value, shall be wor-
thy of the donor of the said fund, and of this nation and of the age.

Mr. CriTTENDEN moved to add to it a proviso that, in
the purchase of books for said institution, it should be re-
garded as a principal object to purchase works on science
and the arts, especially such as relate to the ordinary busi-
ness of life, and to the various mechanical and other improve-
ments and discoveries which may be made.

Mr. Cuoate argued that this limitation was not only un-
necessary, but would most certainly prove injurious. It was
unnecessary, because no national hbrary, such as he con-
templated, and such as he hoped the Senate would authorize,
could be made complete without every one of the works on
science and the arts which the Senators for Ohio and Ken-
tucky could possibly desire. The proviso would operate
injuriously, by raising a constitutional question of disputa-
tion among the managers as to the quantity of money to be
applied to this special description of books, and to general
literature. If it was stated that, out of a given sum, two-
thirds should be devoted to these books, and one-third to
other books, they could easily agree; but indefinitely direct-
ing a preference, would be to limit exceedingly in effect the
portion to be devoted to works of general literature.

This point was debated at great length by Messrs. Critten-
den, Choate, and Woodbury: Mr. Choate being opposed to
any proviso, and Messrs. Crittenden and Woodbury in favor
of one sufficiently explanatory to show a preference for the
works indicated, without putting an undue restriction on
the purchase of all other books suitable to a general library.

Mr. Rives said he should feel very great repugnance to
any provision in this bill which should assume to recognize
any important distinction between the different branches of

328 CONGRESSIONAL PROCEEDINGS.

human knowledge. The general object of this bequest—of
which we are constituted the trustee—is described to be the
‘increase and diffusion of knowledge among men.” Now,
if we were to have a library at all to carry out this great
object, it really seemed to him that that library ought to be
coextensive with the limits of human knowledge. Some of
his honorable friends on both sides of the House, had dropped
observations in the course of this debate—and he had heard
them with surprise—which would seem to imply that moral
science is not knowledge, and that nothing but what are re-
garded as the natural sciences—astronomy, mathematics,
and others of that class—is knowledge. The great field of
modern inquiry relating to the moral and political sciences
is not to be considered at all as a branch of human knowl-
edge! Was this so? And was this the country, or this the
age, in which we were to recognize such a doctrine? It did
seem to him that the most important of all the branches of
human knowledge is that which relates to the moral and
political relations of man. It is intimately connected with
the rights, and duties, and privileges of citizens, whether in
public or in private life. How would gentlemen designate
that great branch of human science, which is of very mod-
ern origin, and even now in its infancy—political economy ?
Is it not a most important part of human knowledge? And
are the legislators of this country, who are so deeply con-
cerned in the destinies and progressive civilization of the
human race, to regard the science of government and legis-
lation as no part of human knowledge? It really seemed
to him that, as representatives of the American people, they
could recognize no such distinction. We have been told
from high classical authority that “ the proper study ef man-
kind is man;” but here the idea upon which the original
form of this bill seemed to stand was, that the proper study
of mankind is that of animals, exotics, and plants only—not
including at all the great moral and civil relations of man.
Now, he took it upon himself to say that, if gentlemen
would survey the field of moral science, they would find
that it embraced a much larger portion of knowledge than
the physical sciences, however important they may be.

The honorable and venerable member from Ohio, as he
had been styled, [Mr. Tappan, ] based his leading arguments
upon the necessity of making that institution a counterpart
of the Jardin des Plantes, in Paris, where there were great
collections of material elucidating natural history; but let
him tell the honorable Senator that that institution was sus-
tained at avery great expense, and yet it afforded but a very

TWENTY-EIGHTH CONGRESS, 1843-45. 329

limited source of improvement for the increase and diffusion
of knowledge in its liberal sense. Was there no other in-
stitution in Paris than the Jardin des Plantes, which could
be taken as a model? He would refer the honorable Sena-
tor to another institution, and one which would better fulfill
the design of the bequest. Look at the wide and compre-
hensive body of instruction delivered at the Sorbonne, (the
Faculté des Lettres et Sciences,) under the auspices of the
University of France, the great fountain of knowledge to
which all enlightened strangers repair, and drink in copious
libations of philosophical and practical learning. He was
not conversant with Mr, Smithson’s peculiar tastes or habits ;
but if he (Mr. 8.) was the man of liberal and general in-
quiry that he believed him to have been, he would venture
to assert that his resort was as much to the Sorbonne as to
the Jardin des Plantes. And what would he hear there?
Would he not hear lectures on the sciences of history, moral
philosophy, and government, as well as physics, and math-
ematics? The present minister of France, M. Guizot, had
been, if he mistook not, a lecturer on history—ancient and
modern history, comprehending all the phases of human
society—in this institution. Others had become known
there to the world as much as lecturers, as ministers of state,
worthy of being entrusted with the destinies of nations and
mankind.

He would beg leave to ask the gentlemen who had charge
of this great subject, in looking for a model, to look at such
an institution as the Faculté des Lettres et Sciences at the
Sorbonne, rather than at a special institution like the Jardin
des Plantes. He had no disposition to depreciate the value
of the physical sciences; but he insisted upon it, that the
moral and political sciences were equally important, and,
if any distinction was to be drawn, more important. Ata
very early period of his life, he was struck with a graphic
remark make by the great commentator on English law, in
illustrating the fitness of associating a professorship of law
with the University of Oxford—and his honorable friend _
from Kentucky [Mr. Crittenden] no doubt well recollected
the passage—that “the sciences are of a sociable disposition,
and flourish best in the neighborhood of each other.” He
would make no distinction. He must be permitted to say,
that he thought the Senate had already decided the question
in regard to the extension of this library, by striking out
the proviso of the first section, and the whole of the eighth
section, which provides for professors on the subject of nat-
ural sciences only.

330 CONGRESSIONAL PROCEEDINGS.

He saw no reason for any distinction between the moral
and physical sciences. If such a library as was contempla-
ted by the honorable Senator from Massachusetts was es-
tablished, there would be no danger of the physical sciences
being slighted; but he hoped that these great moral and
political sciences, which so intimately concern the temporal
and eternal destinies of man, would have their appropriate
space in this great receptacle of human knowledge.

He had been led to these remarks because his firm and
solemn conviction was, that we now have it in our power to
do more good to this nation in our day and generation, by
a judicious and wise application of this five hundred thou-
sand dollars, which has been put into our hands, than by the
application of the twenty-five or thirty millions we are in
the habit of annually appropriating.

He was glad that it was the sense of the Senate that this
subject should go back to the committee, to be matured and
deliberately acted upon, and that there was to be brought
forward a plan of some great and noble foundation, which
would realize, to the fullest extent, the magnificent concep-
tion which suggested this donation. He was opposed to
any limitations, he was opposed to any distinctions between
the great branches of human knowledge. In the republie of
letters all stood upon a platform of equality; and if we
have a library at all, it should be co-extensive with the lim-
its of human knowledge, and with the design of the donor
—‘the increase and diffusion of knowledge (of all sound
knowledge) among men.”

Mr. Puernps suggested a modification of the amendment
proposed by the Senator from Kentucky. It was to shape
‘his proviso so as to say ‘* That, in the selection of such books
as were necessary to form a complete library, due regard
should be had to works of science,” &e.

Mr. CritTenpDEN accepted the modification.

Mr. Bates protested against any proviso which would limit
the selection. It was wholly unnecessary, because no great
national library could be complete without the very works
alluded to.

Mr. Nines did not think it came within the purpose of
the donation to establish a great national library. If the
donor thought that the best way of increasing and diffusing
knowledge among men, he would have enjoined the estab-
lishment of such a library. He was in favor of a prudent
limitation with regard to that branch of the institution, and
should therefore sabmit a motion to that effect.

TWENTY-EIGHTH CONGRESS, 1843-45. 331

The question was then taken on Mr. Crittenden’s amend-
ment, as modified, and it was rejected—ayes 15, noes 21.

Mr. Nites now moved to amend the amendment, by lim-
iting the purchase of books to $5,000 annualiy.

Mr. Bucwanan inquired if $5,000 a year was to build up
a library worthy of the donor, this nation, and this age ?

The amendment was rejected.

The question now reverted on Mr. Choate’s amendment,
and it was adopted.

Mr. Tappan, before the motion to recommit was made,
wished to test the sense of the Senate as to his original plan
of adding some of the interest to the principal so as to
make the fund $600,000. He therefore moved to amend
the first section by adding $91,682 out of the interest due,
to the original fund, so that the investment should be
$600,000.

Mr. Cuoate objected to this as, in effect, cutting off the
means for establishing a national library. The buildings
for the institution, the enclosures of ground, and the pur-
chase of objects of natural history, would possibly consume
so much of the residue of interest as to leave little or none
for founding the library, or erecting a suitable building for
one. It might take from $150,000 to $200,000 for all these ;
but till details and estimates were properly investigated, it
would not, in any case, be prudent to divert the manage-
ment of this accumulated interest.

Mr. Bucuanan thought it was desirable, if it could be
done without defeating the objects intended, to increase the
capital by this addition of a part of the interest.

Mr. Tappan put his motion in a definite form.

Mr. Stmmons argued that, until some plan was agreed upon
as to the manner of carrying out the intention of the donor,
it would be highly imprudent to make a permanent invest-
ment of means that might be wanted in the accomplish-
ment of the object.

Mr. Tappan urged that $117,000 of the interest would re-
main, which could be as much as the managers would lay
out with advantage in the first year; and for the second,
they would have $36,000 on the $600,000. The $6,000
would cover the expenses of lectures and experiments,
leaving annually $30,000 for collecting a library, and the
other purposes required of the management.

The amendment was rejected.

Mr. MoreEveaD suggested a renewal of the amendment,
making the addition $41,682, instead of $91,862, so that the

gon CONGRESSIONAL PROCEEDINGS.

capital fund would be $550,000, bearing an interest of $33,-
000 a year.

After some conversational discussion on this point, it was
agreed to let the proposition go, with the offered amend-
ments, to the committee; and

On the motion of Mr. Wooppury, the bill and amend-
ments were recommitted to the Committee on the Library.

SEnaTE, January 16, 1845.

Mr. Tappan, from the Committee on the Library, reported
the bill (S. No. 18) with an amendment; which was ordered
to be printed.

SENATE, January 21, 1845.

On motion of Mr. Tappan, the previous orders were post-
poned, with a view of taking up the bill for the establish-
ment of the Smithsonian Institution.

The bill was accordingly taken up for further considera-
tion as in Committee of the Whole, the question being on
adopting the substitute reported from the Committee on
the Library, to whom had been recommitted the original
bill for the purpose of having it remodeled.

This substitute provides, as the original bill did, for the
investment of the principal sum received under the bequest,
in the Treasury of the United States, at six per cent. inter-
est from the date of its reception; and for placing at the
disposal of the managers the accumulated and accruing
interest for the purpose of carrying out the design of the
donor—the increase and diffusion of knowledge among
men. The outlay of the accumulated interest is to be, as
directed in the first bill, upon all necessary buildings, en-
closures, purchases, and application of the grounds appro-
priated out of the property of the United States in the Mall,
heretofore described, for the objects of the institution; the
business of the institution to be conducted by a board of
managers, consisting of the Vice-President of the United
States, the Chief Justice of the Supreme Court, while in
otiice, three members of the Senate, three members of the
House of Representatives, and seven other persons, not
members of Congress, two of whom shall be members of
the National Institute in the city of Washington, and resi-
dent in said city; the other five to be inhabitants of the
States, no two from the same State. The three members
of the Senate to be appointed by the presiding officer of
the Senate; and the three members of the House by the
Speaker of the House. In each House the respective mem-

|
|
|
i
|
|

TWENTY-EIGHTH CONGRESS, 1843-45. 353

bers, so chosen, to be a standing committee on the Smith-
sonian Institution, and, together, a joint committee.

These appointments to be made on every fourth Wednes-
day of December, to serve for one year; vacancies to be
filled as they are in the regular committees. The other
seven members to serve for two years, to be chosen by joint
resolution of Congress every alternate fourth Wednesday
of December; vacancies to be filled in like manner when-
ever they occur. The managers to meet on the first Mon-
day in May next, and fix the times of regular meetings of
the board. On any application of three members, | the
superintendent shall call a meeting of the board by letter
to each member—five constituting a quorum. Hach mem-
ber of the board to be paid his necessary traveling and
other actual expenses in attending meetings ; which shall
be audited and recorded by the superintendent.

Whenever money is required for the purposes of the
institution, the superintendent, or managers, or any three,
may certify to the president of the board that it is so re-
quired; whereupon he shall submit the requisition to a
committee of three managers appointed for the purpose of
regulating the expenditures, for examination and approval;
and, upon their examination and approval, the president of
the board shall certify the same to the proper officer of the
Treasury as authority for the payment. The board to make
all needful rules, regulations, and by-laws for the government
of the institution, and the persons employed therein; and
shall submit to Congress, at each session, a report of the
operations, expenditures, and condition of the institution.
The bill then details the duties of the board in commenc-
ing operations. Among the buildings is to be one for the
reception of an extensive library, equal to the first-class of
libraries in the world. When the necessary buildings are
erected, all objects of natural history, plants, and geolog-
ical and mineralogical specimens, belonging to the United
States, in Washington or elsewhere, to be delivered to the
institution, where “they shall be arranged i in such order and
so classed as best to facilitate the examination and study of
them; new acquisitions of the institution to be classed and
arranged in like manner. The personal effects of Mr.
Smithson to be kept apart and preserved separate from
other property of the institution. The managers to appoint
the superintendent of the institution, who is to be secretary
to the board, and professor of agriculture, horticulture,
and rural economy; and he may, with the approbation of
the board, employ such gardeners, agriculturists, and labor-

334 CONGRESSIONAL PROCEEDINGS.

ers as may be required for the institution. He is to make
experiments to determine the utility and advantage of new
modes and instruments of culture, and whether new fruits,
plants, and vegetables may be cultivated to advantage in
the United States; and those which shall prove worthy of
adoption, shall be distributed among the people of the
Union. The superintendent to be paid such salary as the
board may think proper; and the board may remove him
and appoint another in his place, whenever the interest of
the institution may require it. The board is also to employ
competent persons to deliver lectures, or courses of lectures,
in the institution, upon literature, science, and art, and on
the application of science to art, during the sessions of
Congress, commencing next session; to make regulations
respecting attendance thereon; to fix the rules of compen-
sation therefor; and to prescribe, from time to time, the
subjects of lectures, having regard to the character of the
audience before whom they are delivered, and the intent of
the donor—the increase and diffusion of knowledge among
men: Provided the entire expenditure for lectures shall
not exceed $5,000 a year. The managers may, at their dis-
cretion, cause these lectures, or such of them as they desire,
to be printed and sold at the cost of publication. An
annual expenditure of not less than $20,000 out of the
interest of the fund is authorized to be made in the pur-
chase of books and manuscripts for the library of the insti-
tion, which library is to comprehend in due proportion,
without preference or exclusion of any branch of knowl-
edge, works pertaining to all the departments of human
knowledge, as well as physical science, and the application
of science to the arts of life, as all other science, philoso-
phy, history, literature, and art; and for its extent, variety,
and value, said library shall be worthy of the donor of the
fund, and of this nation and the age. The managers to
employ a librarian and assistants, and to fix their salaries;
also to prescribe the regulations under which the library
shall be kept, visited and used. In conclusion, the bill
ees the seven managers not ex officio members, as fol-
ows:

Jared P. Kirtland of Ohio, Richard Henry Wilde of Lou-
isiana, George Tucker of Virginia, George Bancroft of
Massachusetts, Henry King of Missouri, and Joseph G. Tot-
ten and Alexander Dallas Bache, members of the National
Institute, and resident in Washington, as the seven mem-
bers who, by the second section, would be appointed by

Congress. ‘The right of altering, amending, adding to, or

SS ao ae

TWENTY-EIGHTH CONGRESS, 1843-45. 335

repealing the act is reserved to Congress, provided that no
contract or individual right made or ‘acquired under its pro-
visions be divested or impaired.

On motions of Messrs. TAPPAN and CHOATE, two mis-
prints in the new bill were amended.

Mr. Woopzury remarked that most of the amendments
whieh he had submitted on a former day to be printed, had
been rendered unnecessary by the changes since made in the
bill by the Library Committee. But there was one defect
still left in the board of managers, as he viewed the subject,
and which it was desirable to have removed. He was el
sensible that any attempt to alter a bill which has twic
received the deliberate consideration of a committee of this
body, was almost hopeless. But the subject was a novel
one to us all. It was, also, not a measure of ordinary legis-
lation, affecting the rights and property of our constituents,
but the dischar; ge of an important trust in behalf of a for-
elgn philanthr opist, and where we ought to move slowly in
our deliberations, and rather confer, converse, and consult,
as a real committee of the whole, ‘instead of debate like
partisans. He would, therefore, take the liberty to suggest
that the board of management now proposed was imperfect
in/two respects. It did not contain persons enough resi-
dent at the place where their duties must be performed,
and was so constituted as to be likely to render the elec-
tions of them by the two Houses on some occasions diffi-
cult, and open to improper influences.

There would be no objection to the Vice-President and
Chief Justice as members of the board, on account of the
character of the present incumbents; but neither of them
lived here, nor did any of the six members of Congress pro-
posed to be appointed—nor any except two of the other
managers to be selected at large. Now as no compensation
was to be given as salary or a per diem—it must be obvious
that seldom would any one attend to the business, unless
residing on the spot. For, though some would be here at
times officially, yet we all know that it was under a pres-
sure of other engagements likely to prevent a close atten-
tion to this trust.

What Mr. W. wished to propose instead of this, was the
officers of the National Institute—most of whom lived in
this city, and five or six of whom consisted ex-officio of the
President and his cabinet, as a public check—equal to that
of the Vice-President and Chief Justice, and superior in
position, as always on the spot.

This plan had the approbation of a former library com-

336 CONGRESSIONAL PROCEEDINGS.

mittee about two years ago; and he held in his hand a bill
to that effect, not acted on for want of time, and reported
by a distinguished South Carolinian, now in retirement,
{ Mr. Preston. ]

He hoped, on reflection, it would again be found accept-
able to a majority of the committee and the Senate; espe-
cially when aided by some additional provisions, which he
would suggest.

In order to let others at large participate, if they pleased,
and had leisure, he proposed to unite with the officers of
the institute four persons from the different sections of the
Union; and, to render the supervision of Congress as
strong and effective as is proposed by the bill, to devolve
that duty on the Library Committee—a committee already
organized and talented, and peculiarly fitted, in some re-
spects, for matters of this character.

In order, likewise, to avoid the delay and difficulties of
elections by the two Houses, he proposed to have this same
committee of Congress select the four members at large.
The amendment he was about to propose was intended to
accomplish not only these two general changes in the mode
of electing, and in more convenient residence of most of
the board, without any loss of fitness in station and pursuit,
and without being any less under the immediate control of
Congress and its committee; but to increase that control
by placing all their doings, and especially the mode of
drawing money from the Treasury, under increased securi-
ties, to be prescribed from time to time by the. Library
Committee. As the bill stood now, an aecount must be
opened with every individual dealt with or paid; and no
bonds or security were required in any case. Mr. W.
wished to clothe the committee of Congress with authority
to remedy these defects, and not only make the whole board
of management subject to the acts of Congress and its
directions given from time to time; but subject also to the
constant scrutiny of the standing committee of Congress in
both Houses. And so far from conferring salaries or dona-
tions ou the board or on the institute, he would not give a
dollar to either, except to defray actual expenses incurred
in the discharge of the trust; and not allow either to draw
a cent from the Treasury except in the manner and under
the security which shall be prescribed by that standing com-
mittee of the two Houses.

With these explanations, he submitted the amendment
he would now read :

TWENTY-EIGHTH CONGRESS, 1845-46. 837

To strike out those portions of the new bill providing
for the constitution of a board of managers, and insert :

“The National Institute, through its officers, not to exceed their present
number, and associate with them four other scientific gentlemen, from dif-
ferent portions of the Union, to be selected by the Joint Committee on the
Library ; and said committee to exercise, from time to time, a supervision
and control over this board, in behalf of Congress, and see that its directions,
as expressed in this act, or in any future act, be duly carried into effect;
and to prescribe safe rules to be adhered to in drawing from the Treasury
and auditing all moneys whatever expended from the Smithsonian fund;
and none of the said baard, nor any of said committee, shall receive any
compensation for their personal services on this subject from the fund afore-
said, but be paid only their traveling expenses.”’

Mr. Bucuanan would be very glad, if it could be accom-
plished, (and he thought at first it might be on this amend-
ment,) to get a test vote of the Senate on the question
whether Congress or the National Institute shall have the
management and control of the Smithsonian Library. But
the amendment contained some things not necessarily in-
volved in that test, which might be advantageously consid-
ered. He could not move an amendment, or he would, so
as to separate these things.

Mr. CuHoatE said the amendment of the Senator from
New Hampshire raised the precise question the Senator
from Pennsylvania wished to have tested.

Mr. Bucuanan looked upon it as a compound amend-
ment.

Mr. Tappan hoped the amendment would not prevail.
Although the chairman of the Library Committee some
sessions back, [Mr. Preston,] then a Senator from South
Carolina, made a report accompanied by a bill, in conformity
with this amendment, it was with the express understand-
ing of the committee that not one member of it but him-
self was in favor of that plan, or would sustain it.

Mr. Cuoate did not know that the amendment offered
by the Senator from New Hampshire would not make a very
good board of management; indeed he felt nothing but re-
spect in the highest degree for that Senator and his associates
of the National Institute; as co-laborers in the advancement
of science and the diffusion of knowledge among men, they
had already done a good deal. But he had ascertained,
through various conferences in the Library Committee, that
the Senator’s proposition was not likely to meet that favor
or support necessary to insure the success of the bill this
session; on the contrary, that it would make enemies of

many who would otherwise sustain the measure. Now, on

this subject of constituting a board of managers—for the

338 CONGRESSIONAL PROCEEDINGS.

committee attached great importance to it—he (Mr. C.) had
given it his most anxious attention. It was the only part of
the original bill to which much consideration was not given
in the first instance. Since its recommittal the committee
had had repeated conferences on this point, and the result
has been that the plan laid down in the bill was unani-
mously adopted as a happy embodiment of the main princi-
ples of all former propositions, the difference of opinion in
regard to which had heretofore impeded the action of Con-
gress as to the disposition of the fund. ‘He was prepared
now to say, that unless there was some more palpable
objection than had yet been made to the plan laid down in
the bill, the support which it would insure could not fail of
rendering the measure successful this session.

It might be necessary to say a word or two respecting the
course pursued by the committee in making this arrange-
ment. They went back to the records of all proceedings in
Congress since the reception of the bequest, to ascertain the
number and character of the various propositions suggested
for its disposition ; and having collected them all, the com-
mittee conceived they could not be mistaken in combining
from the whole such general principles as would unite the
greatest number of friends to the main object. Now he
felt bound to say, that in this the committee had succeeded
beyond his most sanguine expectations. They had not, as
the Senator from New Hampshire seemed to suppose, made
a complex, expensive, or impracticable, plan of machinery
for the management of the institution ; but, on the contrary,
one pre-eminently likely to work well—economically, effi-
ciently, and practically considered.

On reviewing all former propositions, the committee
found that there were two or three things in which a large
majority concurred—such as, that the Vice-President and
Chief Justice of the United States should be, ex officio,
members of the board, and that they should have associated
with them one or two respectable resident members of the
National Institute. It was found, also, that a suggestion
came from Mr. Robbins of Rhode Island, that three mem-
bers of the Senate and three of the House of Representa-
tives should be made members of the board. Thus the
committee had united whatever there was to recommend
this proposition to those whose differences of opinion had
heretofore impeded the action of Congress. They took for
the ex officio members of the board the Vice-President and

the Chief Justice of the United States. There could be no.

difficulty as to their appointment, for they are already

TWENTY-EIGHTH CONGRESS, 1843-45. 339

elected, and always, by virtue of their office, ready to act.
The committee then provided that three members of the
Senate should be named by the presiding oflicer in the same
way that he named standing committees; and that three
members of the House of Representatives, in like manner,
should be appointed by the Speaker of the House. These
six members would form a joint standing committee, and
have charge of the institution in Congress; for the com-
mittee decided that Congress should hold in its own hands
the control and supervision of the institution. Thus Con-
gress would have the interests of the institution imme-
diately represented on the floor of both Houses. In addi-
tion to those eight ex officio members of the board, there
would be seven persons to be selected by Congress—two of
them from the resident members of the National Institute,
the remainder from different States of the Union. Here-
after, these seven are to be elected by joint resolution of
Congress every two years. This would afford an oppor-
tunity of electing gentlemen distinguished as men of science
and learning, who, from the respect entertained for them,
would be able to enlist the most friends for the institution,
and would have the best opportunities of making the citi-
zens of the Union acquainted with its objects and ad-
vantages.

There was another consideration which he was sure
would, upon reflection, have some weight with the Senator
from New Hampshire, and, he hoped, induce him to forego
his amendment. It was, that, in looking at the two propo-
sitions, with a view of ascertaining which was most repub-
lican, most democratic in principle, he would find that of
the committee infinitely more so than his own. It was
certainly anti-republican and anti-democratic to surrender
all control of the people’s representatives in respect to a
trust especially committed to their custody, for the people’s
benefit, and place it in the hands of a close body, like the
National Institute, wholly irresponsible to either Congress
or the people—a body, the machinery and operations of
which, so far as regarded the people, were shut out from
their view, and to w vhich they could of right have no access.
On the other hand, the proposition of the committee recog-
nized especially, and ina pre-eminent degree, the complete
control and supervision of the people’s representatives, and
insured that publicity which could not fail of gaining public
confidence in the management of the institution, and uni-
versal approbation as to the attainment of the purpose for
which the bequest was made.

340 CONGRESSIONAL PROCEEDINGS.

Mr. Woopgury expressed some surprise that his amend-
ment should be attacked by the Senator from Massachusetts
[Mr. Coat] as anti-republican or anti-democratic. Such
an attack from that quarter was, in any view, extraordinary ;
but much more so, when, in this very bill, in another place,
six of the members of his proposed board are recommended
by him to be appointed, not by the two Houses of Congress
or their committee, but three by the Speaker of one, and
three by the President of the other, without any appeal.

But Mr. W. feared we were sliding into that species of
political debate which, in a case like this, he deprecated.
This was not a struggle for victory of a party or personal
predilection, but to execute in the most fit and becoming
manner a sacred trust which had been devolved on us from
abroad rather than by our people.

Some gentlemen, who assail the proposed amendment
inadvertently seem to suppose it is a contest whether Con-
gress or the National Institute shall control the Smithson
fund; whereas no such question exists. The same control
is left in Congress, if the amendment is adopted, as is left
in it by the bill as it now stands. Indeed, the amendment
increases the reserved control of Congress in one particular
through the constant supervision and check of the Library
Committee of the two Houses which it provides for.

After the amendment is adopted, Congress can, at any
moment, abolish or amend the whole board—can give to it
any special instructions by resolution or act; and can, by
its committee, give any directions, which by this very
amendment are to be enforced by the board and institute,
rather than either of them being made independent of
Congress.

It seems, also, to be apprehended by some gentlemen,
that the National Institute is to have a great donation of
property, as well as power, by this amendment; when, in
truth, no power is bestowed except conditionally, and which
is not kept constantly under the control of Congress; and
not a dollar of property, directly or indirectly, is given to
the institute.

Indeed, no property is given to the institute or anybody
else. The library, buildings, &c., all remain in Congress as
trustee for the fund. The board of managers, including
the institute, are mere executive or ministerial agents to
carry out our directions, and own no more of the property
itself, than the captain in the navy owns of the ship-of-war
in his charge. It is rather a burden imposed on the board
and institute—as they not only acquire no property, but

TWENTY-EIGHTH CONGRESS, 1843-45. 341

their services, which have so long and decidedly been given
to letters and science without any pay, are all, by my
amendment, to continue to be gratuitous.

The difficulty will be rather in getting gentlemen of suit-
able character to devote their time at all to this subject
under these circumstances, than in preventing them from
profiting in a pecuniary point of view. It is this appre-
hended difficulty which will, in part, be removed by taking
more managers resident here, who can attend to the busi-
ness in rotation or otherwise, at less inconvenience and loss
than those from a distance.

Again: it is said that the form of a resolution in elections
avoids any dispute. Howso? Suppose that the gentleman
named in the bill from Ohio was moved to be stricken out,
and that of the member of the Library Committee from
Ohio be substituted, [Mr. Tappan,] (as seemed to Mr. W.
proper ;) might it not give rise to debate as to their respect-
ive characters and fitness? So of every other member pro-
posed, though all doubtless were very suitable men.

Other gentlemen seem to fear an abuse of the trust by
these agents under the amendment, when the very object
and terms of it are to increase the guards against abuse,
through one of our own committees, and its supervision
and regulations ; and when the position of the institute and
board under it, instead of being antagonist to Congress, or
independent of it, is made to be in more entire subordina-
tion to it, and is hemmed around by stronger safeguards
against any possible departure from its commands or wishes.
He was anxious that, while the Smithson fund came from a
stranger and abroad; rather than from among ourselves, and
hence gave no cause for national pride or boasting, but rather
was mortifying to our own backwardness in such an object,
we should at least be vigilant over its use, remedy defects as
to its efliciency—which we may by this amendment—and
add something to our national character by the appropriate
manner of managing the whole trust, though, unfortunately,
we have had no lot nor part in creating it, or liberally add-
ing to it.

Mr. Bucuanan observed that he had but very few words
to say on this subject. According to the will of the donor,
this tund was to be distributed for the ‘ increase and diffu-
sion of knowledge among men.” Considering our peculiar
position in the District of Columbia, he (Mr. B.) had arrived
at the conclusion that the best mode of distributing this
fund was by the purchase of a great library. Indeed, he
could imagine no other. If (said Mr. B.) you attempt to

342 CONGRESSIONAL PROCEEDINGS.

establish a literary institution here, with the great expense
attendant upon living in this District, and from other causes
which I need not enumerate, this fund in its benefits would
be confined to a very small portion of the people of this
country. From the very nature of our Government, and
the condition of the people of this country, we could never
expect to erect in our day a library to compare with the
great European libraries, except by the application of this
fund to that purpose. It was impossible, everybody knew,
for any of our citizens who proposed to write a history, or
any other work that required an examination into ancient
books and authorities, to do so without going to Hurope for
that purpose. Now, he believed that an extensive library
in which all the means of human knowledge should be col-
lected, and in which they should be equally open to all the
citizens of this country, was the very best mode in which to
apply the money so liberally bequeathed by Mr. Smithson
for the “ increase and diffusion of knowledge among men.”
He was clearly of that opinion; but he had no idea of mak-
ing a speech upon the subject. The question now before
the Senate resolved itself into a very simple proposition ;
and that was, Shall Congress retain and direct the imme-
diate and efficient control of this fund, and of its applica-
tion, or shall it be administered through the agency of the
National Institute? That was the question; and on the
decision of the question his own vote might depend. Now,
he entertained all proper respect for the members of this
institute, and he believed it had been already instrumental
in diffusing knowiedge among men; but he thought Con-
gress was bound to keep the application of this fund distinct
from that, or any other literary incorporated body. What
was proposed by his honorable friend from New Hampshire
[Mr. WoopsBury] in the amendment under consideration ?
Why, to connect the National Institute with the Smithso-
nian library—to form a sort of partnership between the
two. The National Institute is to hold its meetings in a
room in the building to be erected for the use of the Smith-
sonian library. This was in the printed amendment, and
would be the inevitable consequence of intrusting the man-
agement of this fund to that institute. In a great national
institution like the Smithsonian library, calculated for the
benefit of the whole people of the country, he desired to
keep it clear, or detach it and keep it distinct from the
National Institute, or any other literary corporation what-
ever. Congress ought to take upon itself the immediate

TWENTY-EIGHTH CONGRESS, 1843-45. 343

control of this library. It would never succeed, unless this
course should be pursued.

For one, he was not acquainted with the rules of the
National Institute, and he did not know in what manner
the managers of that institute were elected; but the pro-
posed amendment placed the direction and supervision
of the library in the hands of managers not elected by
Congress, not responsible to Congress, and over whom the
people of this country, by their representatives, could have
no control whatever. Congress was undoubtedly capable
of administering this fund without the aid of the National
Institute; and it was their duty to do so.

Without, therefore, troubling the Senate with any further
observations, he should certainly go for separating the ope-
rations of this library from those of the National Institute;
wishing and hoping that that institute might have all the
success which he believed it so well deserved; and if it
should be made a rival in disseminating knowledge among
men with the library, well and good. The more knowledge
communicated, the better for the people of this country.
He, therefore, should vote against the amendment of the
honorable Senator from New Hampshire, [Mr. Wooppury, ]
and, although there were some provisions in the bill to
which he might object, he would vote for it, nevertheless,
should it remain substantially as it came from the Commit-
tee on the Library.

Mr. ALLEN said he should vote against this or any other
proposition whatever, contemplating a connection of any-
thing called an institution with the public Treasury of the
country, in any form or shape. ‘This title, ‘“‘ National In-
stitute,” sounded large, and at a distance was calculated to
produce a great impression upon the public mind. What
was it? Some years ago a few gentlemen of this city got
together and concluded to form a literary and scientific
association among themselves. Well, that thing has been
done in every city, and in most of the villages and towns
of the United States, from little debating societies com-
posed of young men, up to literary associations composed
of gray-headed men. All of these associations, of which
there are so many in this country, were like that in the city
of Washington, formed in the same way, and were mere
voluntary associations of man with man. But this associa-
tion in Washington city, finding a Capitol here and a
public Treasury here, called itself a National Institute ;
and, in order to legalize its claim to that pompous title, it
asked Congress to give it a corporate existence by a solemn

344 CONGRESSIONAL PROCEEDINGS.

law. After they got associated in the public mind the idea
of its nationality, they succeeded in getting a law passed
giving it a legal existence and then they began to enter into
the organization, and to claim a part in the administration
of the Government. That institute came here with the
very instinet of all corporations, to get its hands into the
public Treasury of the country, by a process of induction.
It proceeded with that modesty and imposing humility
which characterize the movements of all corporations. It
began by obtaining the temporary charge of objects of sci-
ence belonging to the Government; and being intrusted
with the custody of that part of the public property, which
resulted from the exploring expedition, there was a motion
made towards the public Treasury. Having proceeded so
far, it proceeded a few years after, to ask Congress to pay
it moneys out of the public Treasury ; and for what? Tor
its care of these very articles of public property, which, as
a favor of the Government, it had asked to be intrusted
with the care of.

The Senate, which sat here for its constituents, was ney-
ertheless so unjust, in his judgment, as to tempt this corpo-
ration to its present advances by the fatal step of making
for it a public office, and paying it $5,000 for the favor
which the institution had asked, in the privilege of taking
care of the articles resulting from the exploring expedition.
He opposed that bill at the time it was upon its passage
through the Senate; and he then said—what was now seen
—that the attraction of this corporation was towards the
public Treasury.

We are now intrusted with a fund of some half a million

of dollars. It is intrusted to the care of the Congress of

the United States; whether by the constitution or by Mr.
Smithson, it is now immaterial. The money is obtained ;
and the question is decided that Mr. Smithson could extend
the limits of the constitution by a request in his will, and
place at the disposal of Congress moneys for objects which
the constitution knows not. You got the money; it is now
in the public Treasury, or ought to be; and was as much
subject to the constitutional action of Congress as any other
moneys of the Treasury; and for that action alone, and in
the name of the Smithsonian Institution, this National In-
stitute comes here to ask Congress to give it the exclusive
administration of half a million of the public money.
This could be answered by the general charge that no
moneys ought to be drawn out of the public Treasury ex-
cept by the appropriation of Jaw, and that Congress has no

TWENTY-EIGHTH CONGRESS, 1843-45. 345

right to intrust the administration of the public funds to
any functionary of this Government, much less to an irre-
sponsible agent, unknown to the constitution of the United
States, calling itself a National Institute. If we had a
right, he would be opposed to this bill, for he could say
that, within his reading and his observation, he had never
known a single instance of a fund of money, charitable or
otherwise, being intrusted to the care of an incorporated
body of men, that was not squandered, and made to fall
short of the object of the donor. It was the instinct of
these machines called corporations; and it was impossible
for it to be otherwise. Intrust this corporation with the
administration of: this fund, and it would be just as much
throwing it away as to throw it into the mud-banks of the
Potomac. All these corporations are filled with law—they
are but the incorporation of laws; and never, without an
exception, either in English history or ours, with regard to
the administration by corporations, was there an instance
where the corporation had not consumed the fund or squan-
dered it away, and caused it to fall short of the object of
the donor. The Girard folly in Philadelphia was an in-
stance of this fact. There might be found thousands of
instances in the reports made to the British Parliament by
those charged with the investigation of these subjects; and
in many instances, not only the income, but the principal
was consumed in paying the administrators. It was always
so. This society in Washington city, which calls itself a
National Institution, has no more right to the direction or
control of this fund than the Wistar Club in Philadelphia—
an institution established there by an able physician of that
name—or any literary society in the East or West, of which
there were great numbers, as he had before stated.

It is said that this fund is to be applied in the District of
Columbia. That very idea gave rise to the origin of the
National Institute, he had no doubt. Here was a fund to
be expended here; and of course there must be somebody
to receive it, and what so handy as a corporation? What
s0 convenient as to take into its hands a fund of money
which has to be expended? What so convenient as a cor-
poration got up for the purpose of receiving it? And what
was better calculated to lead Congress into their object
than to take the title of national? National! a word always
dear to the American people—so dear that many an inn,
tavern, and eating house, throughout the country, bore the
title, and he believed there was an establishment some-
where in town here which bore upon its sign the national

346 CONGRESSIONAL PROCEEDINGS.

eating house! Now, as to the formation of a society for the
increase and diffusion of knowledge, that was well enough;
but he did not want to see these things take a literary and
scientific name for the purpose of thrusting their hands
into the Treasury. He did not want to see corporations of
men under high sounding titles, and professing beneficial
objects, formed in this capital with a view to enter into the
control of the public funds. He saw no reason why we
should not give the control of this fund to some literary in-
stitution in Philadelphia or Boston, with as much propriety
as to the National Institute.

The constitution did not give us charge of the mind and
genius of the American people. It was the privilege of a
despot, not of a free government, to control the mind and
direct the genius of the people; and he wished to see no
institution for that purpose established in the capital of the
United States, by which the American people are to think,
and read, and speak. Gentlemen were mistaken if they
imagined that, because such institutions exist in France
and other parts of Europe, they were doing a service to the
American people in undertaking to pursue the same course
in this country, or under our Government. Our Govern-
ment is the creature of the public mind, and not the creator.
In Europe, where monarchies, crowns, and thrones sustain
themselves by controlling the thoughts of the people, it is
different; but our Government stands upon the thoughts of
the people, and is controlled by them. We have no right
to presume that the people are so ignorant that we ought to
legislate for enlightening them. We are here to receive
their instructions, not to impart instruction to them. It is
no part of our duty to do so. It is presumption in us to
assume the duty.

On these grounds, and others which Mr. A. enforced with
great energy, he not only opposed the amendment, but
signified his intention of voting against the whole project.

Mr. Waker said that, on this occasion, he was likely to
be placed in a small minority. In relation to the denunci-
ation which the Senate had just heard upon this floor of the
National Institute, and the charge that it commenced out
of a desire to monopolize the Smithsonian fund, he need
only to say that it commenced long before that fund was
received. It originated with a distinguished member of
the cabinet of Mr. Van Buren, now in honorable retire-
ment; and from no individual did it receive more encour-
agement, or stronger marks of approbation, than from ex-
President Van Buren himself, by numerous valuable pres-

TWENTY-EIGHTH CONGRESS, 1843-45. 347

ents, and by every other means in which he could manifest
his regard. He (Mr. Waker) thought, therefore, notwith-
standing the difference of opinion between his friend from
Massachusetts [Mr Cuoatr] and his friend from New
Hampshire, [Mr. Woopsury,] as to which is the most dem-
ocratic—and he really rejoiced that his friend from Massa-
chusetts was claiming to be democratic, for it was a good
symptom of the progress of democracy—and, notwithstand-
ing all that was said by his friend from Ohio, [Mr. ALLEN, ]
he was bound to say that the individuals who originated
this institution were eminently democratic. He did not see
that the amendment offered by the Senator from New
Hampshire proposed that the National Institute should have
one dollar of the Smithsonian fund, or of any fund what-
ever. He believed it provides that the whole payments to
be made are to be made by the Treasury; and that all the
National Institute is to do, as regards this matter, in con-
nection with the four other individuals named, is to be
done under the direction of a committee of this body, and
subject every year to the modifications and regulations, and
subject to the supervision and control, of the Government
of the United States. He rejected the idea, as one utterly
erroneous, that the amendment of the Senator from New
Hampshire proposes that the National Institute shall take
any portion of this fund, or that it proposes even that it
shall have the administration of it. It is not to receive a
solitary dollar. It is not to disburse either the Smithsonian
fund, or any other fund whatever, under this amendment.
The Smithsonian fund is all to be administered by the
Treasury Department—to be paid out by that department ;
and all that is to be done by this amendment is, to provide
that there may be some supervision of these drafts before
they are presented to the Treasury Department.

He should really like to know, inasmuch as there was to
be a discussion here upon politics generally, which of the
two is the more democratic—the Smithsonian Institution,
or the National Institute? The Smithsonian Institution
originated from an individual in England, entirely foreign
—the very name is foreign. How was it with the National
Institute? It sprang from the people. It bears a name
that is dear to the people; and it has received the manifest
encouragement of the people of the United States. He
spoke now not merely of the colleges scattered all over the
Union that had contributed to its aid and support. He
spoke not merely of the scientific men who assembled at
this Capitol not long since, and gave it their encouragement

348 CONGRESSIONAL PROCEEDINGS.

and support; but he spoke of the people in the humblest
walks of life, scattered all over this Union—residing in
every State of the Union—who, from year to year, and
month to month, had forwarded presents. And why is it
that this institute is dear to the American people? Because
it is national—because it is American. ‘They wish to see an
institution here bearing the name of the nation, which
shall give to the United States the same happy range in
science that this Government has done in political affairs.

And let him tell gentlemen that an institution that is
merely called Smithsonian can never concentrate in the
same degree the affections and confidence of the American
people. Still he admitted that it must be called the Smith-
sonian Institution, nor did he propose that it should be
called by any other name. But the question was, whether
the individuals who were named in the bill now under con-
sideration, as regarded the Smithsonian Institution, would |
better carry out the object of Mr. Smithson than the
National Institute. It was a mere difference of opinion as
to how the fund could be best administered. But if there
was any objection to a corporation, would not the Smith-
sonian Institution be a corporation? He was sure his
honorable friend from Massachusetts [Mr. Croats] would
not deny that it was at least what was in law called a quasi
corporation; and he supposed his honorable friend from
Ohio [Mr. ALLEN] would admit that it would not be more
democratic by making it a quasi corporation. He supposed
it could institute suits and legal proceedings. Who are the
persons that would have charge of this, under the National
Institute? Who are the directors? There was the Presi-
dent of the United States. Was not that democratic? Is
he not the only man in our Government who is elected by
the whole people of the whole Union? And who, together
with him constitute a majority of the directors? Why, the
cabinet, deriving their appointment directly and immediately
from the Chief Magistrate, who is himself the chosen of
the whole American people. Was that less democratic than
committing the administration of this fund to those intrusted
with it in the bill? He thought, so far as the democracy of
the thing was concerned, that the administration of this fund
by the National Institute was quite as democratic as it could
be by any other mode.

But those who have charge of this fund under the Na-
tional Institute will be always here. They are to contribute
their valuable services and time to the administration of this
fund, and they are not to receive one solitary dollar for those

TWENTY-EIGHTH CONGRESS, 1843-45. 349

services. He believed that by committing to this institute
the administration of this fund, two main objects would be
accomplished. In the first place, it would best accomplish
the intention of the donor; and, in the second, he believed
it would also give additional permanency to, and aid the Na-
tional Institute. Therefore, notwithstanding the denuncia-
tion of his friend from Ohio, [Mr. AtiEn,] and notwith-
standing the honorable Senator from Massachusetts [Mr.
CuoateE] considered his plan much the best, and much the
more democratic, he [Mr. Waker] should feel himself
constrained to vote, in a small minority he supposed, for
the amendment proposed by his honorable friend from New
Hampshire, [Mr. Woopzury. ]

Mr. Foster of New York rose not to discuss the measure,
but to suggest what appeared to him to be a deficiency in
the bill, namely, the want of some provision for the perma-
nency of the system of management which experience
should prove to be best. In the proper time he would sub-
mit an amendment, the object of which would be that there
should be only one of the seven additional members over
the ex officio members elected annually ; so that in the course
of time each would serve seven years.

Mr. HuntinetTon opposed the amendment of the Senator
from New Hampshire.

The amendment to the amendment was rejected.

Mr. Foster of New Yorknow submitted his amendment,
as follows:

“And Jared P. Kirtland of Ohio, Richard Henry Wilde of Louisiana,
George Tucker of Virginia, George Bancroft of Massachusetts, Henry King
of Missouri, and Joseph G. Totten and Alex. Dallas Bache, members of the
National Institute, resident in Washington city, be the other seven mem-
bers, who shall, by lot, fix the term of their office, so that the term of one
of them shall expire in one year; of another, in two years; of another, in
three years; of another, in four years; of another, in five years; of an-
other, in six years; and of the other, in seven years from the first day of
December next, after the passage of this act. And any vacancy happening
otherwise than by the expiration of the term, shall be filled for the remain-
der of the term on the fourth Wednesday of December next, after the
vacancy occurs.’’

Mr. F. urged at some length the propriety of this pro-
vision.

Mr. Tappan opposed the provision as unnecessary, as there
could be no doubt of the re-election of such members as
proved by their services to be most valuable to the institu-
tion.

Mr. Cuoate pointed out how much better it would be for
the interests of the institution to have short terms of elec-
tion, as that would stimulate managers, who would feel their

350 CONGRESSIONAL PROCEEDINGS.

ambition excited by the honor of their trust, to exertions
worthy of their re-election.

The amendment to the amendment was rejected.

Mr. ALLEN moved to strike out the words ‘members of
the National Institute,’ by which two of the nominees in
the bill were designated.

The amendment was rejected.

On motion by Mr. Cuoate, the fourth Wednesday in De-
cember, in the bill, was changed to the third Wednesday in
December, lest sometimes the fourth Wednesday might fall
on Christmas day.

Mr. Woopsury withdrew the printed amendments he had
on a former day offered, the necessity for them having been
obviated by alterations in the bill.

The amendment of the substitute, as amended, was then
adopted, and the bill was reported back to the Senate.

Mr. Berrien, before the bill was allowed to pass the stage
of amendment, suggested the necessity of considering
whether a section would not be necessary, authorizing the
institution, in respect to the property it would possess by
the grant of the public grounds, to sue and be sued. It
might be a question whether the Government would be the
ostensible party in a suit.

Mr. Cuoate conceived the property in the ground would
still vest in the Government; but, for the purpose of having
time to add a small section, to avoid any possible difliculty,
he would have no objection to passing over the bill inform-
ally till to-morrow.

The amendments made in committee of the whole were
then concurred in.

SenaTE, January 22, 1845.

The Senate resumed the consideration of the bill S. 18,
and having been further amended, it was ordered to be
engrossed and read a third time.

SENATE, January 23, 1845.
The bill S. 18 was read a third time and passed.

SENATE, March 3, 1845.

A joint resolution (No. 14) was signed by the President:
“That whenever any State shall have been, or may be, in
default for the payment of interest or principal on invest-
ments in its stocks or bonds, held by the United States in
trust, it shall be the duty of the Secretary of the Treasury

TWENTY-EIGHTH CONGRESS, 1843-45. 351

to retain the whole, or so much thereof as may be necessary,
of the percentage to which such State may be entitled, of
the proceeds of the sales of the public lands within its
limits, and apply the same to the payment of said interest
or principal, or to the reimbursement of any sums of money
expended by the United States for that purpose.”

This had reference to the States in which the Smithson
fund had been invested.

PROCEEDINGS IN THE HOUSE OF REPRESENTATIVES.

House oF REPRESENTATIVES, January 27, 1845.

Message from the Senate that a bill (S. 18) to establish
the Smithsonian Institution had passed.

Mr. Burks asked the unanimous consent of the House to
refer this bill to the Committee of the Whole on the state
of the Union, but objection was made.

Hous oF REPRESENTATIVES, January 28, 1845.

On motion of Mr. Burks, bill 8S. 18 was read a first and
second time, committed to the Committee of the Whole,
and ordered to be printed.

Houss& oF REPRESENTATIVES, Hebruary 10, 1845.

Mr. OweEN submitted an amendment to, or substitute for,
8S. 18; which was committed to the Committee of the
Whole, and ordered to be printed.

On motion by Mr. Owrn, the committee took up the bill
to establish the Smithsonian Institution, and, after some
remarks from Mr. Adams, Mr. Owen, and others, Mr.
Apams moved that the bill be laid aside; which was agreed
to.

Hovuss or REPRESENTATIVES, March 3, 1845.

Mr. Burke offered the following resolution :

Resolved, That all debate in the Committee of the Whole House on the
state of the Union on Senate bill (No. 18) to establish the Smithsonian
Institution, shall cease in ten minutes after the same shall be again taken
up in committee, (if the committee shall not sooner come to a conclusion
upon the same;) and the committee shall then proceed to vote on such
amendments as may be pending, or offered to the same, and shall then
report it to the House with such amendments as may have been agreed to
by the committee.

The resolution was read; when Mr. Grorae W. JONES
moved that it be laid upon the table.

352 CONGRESSIONAL PROCEEDINGS.

And the question being put, it was decided in the affirm-
ative—yeas, 83; nays, 52.

The yeas and nays being desired by one-fifth of the mem-
bers present, those who voted in the affirmative are—

Y EAS—Messrs. Adams, Arrington, Barringer, Belser, Benton, Bidlack,
James A. Black, Bowlin, Boyd, Brengle, Brodhead, Jeremiah Brown,
Caldwell, Carpenter, Shepherd Cary, Carroll, Causin, Reuben Chapman,
Augustus A. Chapman, Chappell, Clinch, Clinton, Cobb, Coles, Cranston,
Culiom, Darragh, Dawson, Dickey, Dunlap, Ficklin, Fish, Grinnell, Ham-
mett, Henley, Hoge, Hopkins, Houston, Hubard, Hubbell, Hudson, Hung-
erford, Washington Hunt, Irvin, Jenks, Cave Johnson, Perley B. Johnson,
George W. Jones, Preston King, Lumpkin, McIlvaine, Isaac E. Morse,
Moseley, Norris, Parmenter, Payne, Phenix, Pratt, Purdy, Rathbun,
Reding, Relfe, Rhett, Ritter, Robinson, Rogers, Russell, Severance, Simons,
Slidell, Thomas Smith, Sykes, Taylor, Thomasson, Thompson, Tilden,
Tucker, Tyler, Wethered, Benjamin White, Williams, William Wright,
‘Yost.

Those who voted in the negative are—

NAYS—Messrs. Abbott, Bayly, Edward J. Black, Bower, Brinkerhoff,
Aaron V. Brown, Burke, Catlin, Chilton, Clingman, Collamer, Cross,
Dana, Daniel, Richard D. Davis, Dellet, Dillingham, Dromgoole, Foot,
Foster, French, Hamlin, Harper, Andrew Kennedy, D. P. King, Leonard,
Lucas, Maclay, McClelland, McDowell, McKay, Marsh, Edward Joy
Morris, Newton, Owen, Paterson, Emery D. Potter, David S. Reid, Rock-
well, St John, Sample, Saunders, Thomas H. Seymour, Albert Smith,
Robert Smith, Steenrod, Andrew Stewart, John Stewart, Stiles, Alfred P.
Stone, Vinton, Winthrop.

PROCEEDINGS IN THE SENATE.
SENATE, April 30, 1846.

Message from the House of Representatives that bill H.
R. 5 had been passed. The bill was read the first and second
times by unanimous consent, and, on motion of Mr. Lewis,
it was referred to a select committee of three members ap-
pointed by the President of the Senate. Mr. Dix, Mr.
Corwin, and Mr. Lewis were appointed.

SENATE, May 21, 1846.

Mr. Drx presented a memorial of citizens of Madison
county, New York, praying the adoption of a plan for the
establishment of the Smithsonian Institution; which was
referred to the select committee on the subject.

SENATE, June 1, 1846.

Mr. Drx, from the select committee, reported H. R. 5,
with amendments; which were ordered to be printed.

TWENTY-NINTH CONGRESS, 1845-47. 353

SENATE, June 24, 1846.

Mr. Dickinson presented the proceedings and resolutions
of a convention of county superintendents of common
schools, held at Albany, New York.

Ordered to lie on the table, and be printed.

The memorial is as follows:

At a convention of county superintendents of common schools, and

friends of education generally, held at the city of Albany, in the State of
New York, on the 12th, 18th, 14th, and 15th days of May last, the follow-
ing resolutions offered by the Hon. Jabez D. Hammond, of the county of
Otsego, were unanimously adopted :
Resolved, That while this convention are impressed with profound re-
| spect and veneration for the memory of the late James Smithson, of Eng-
land, and gratitude for his munificent legacy to the United States, made
with a view to the increase and diffusion of knowledge among men, they
cannot suppress their deep mortification and painful regret that the repre-
sentatives of the people of these United States should have suffered a fund
created for such noble and exalted purposes to remain so long unemployed ;
and they do respectfully, but most earnestly, recommend to the present
Congress to adopt such measures as will carry into immediate effect the
benevolent intentions of the philanthropic and liberal donor.

Resolved, That a copy of this resolution, signed by the president and
secretaries, be forwarded to each of the Senators in the Senate of the United
States from the State of New York.

SAMUEL S. RANDALL, President.

EDWARD CooPER,

W. PurnamM,

Secretaries.

SENATE, August 7, 1846.

«« An act to establish the Smithsonian Institution for the
increase and diffusion of knowledge among men,” was
passed over in consequence of want of time for considera-
tion.

SENATE, August 10, 1846.

The Senate proceeded to consider the bill (H. R. 5) to
establish the Smithsonian Institution for the increase and
diffusion of knowledge among men, together with the
amendments reported thereto; and the reported amend-
ments having been disagreed to, the bill was reported to the
Senate.

Ordered that it pass to a third reading. The said bill
was read a third time.

On the question, “Shall this bill pass?”’ It was deter-
mined in the aflirmative—yeas, 26; nays, 13.

On motion by Mr. Auten, the yeas and nays being de-
sired by one-fifth of the Senators present,

Those who voted in the affirmative are—

9
20

ee

.
N

354 CONGRESSIONAL PROCEEDINGS.

YEAS—Messrs. Archer, Atchison, Barrow, Berrien, Cameron, Cilley,
Thomas Clayton, John M. Clayton, Corwin, Davis, Evans, Greene, Hous-
ton, Huntington, Jarnagin, Johnson of Maryland, Johnson of Louisiana,
Lewis, Mangum, Miller, Morehead, Phelps, Speight, Sturgeon, Upham,
Webster.

Those who voted in the negative are—

NAYS—Messrs. Allen, Ashley, Atherton, Bagby, Benton, Calhoun,
Dickinson, Fairfield, McDuffie, Semple, Turney, Westcott, Yulee.

So it was resolved that this bill pass.

Ordered, That the Secretary notify the House of Repre-
sentatives accordingly.

Mr. Evans (by unanimous consent) asked and obtained
leave to bring in a resolution (S. 87) appointing regents of
the Smithsonian Institution; which was read the first and
second times, by unanimous consent, and considered as in
Committee of the Whole; and no amendment being made,
it was reported to the Senate, read a third time, and passed.

Ordered, That the Secretary request the concurrence of
the House of Representatives therein.

Mr. Evans submitted the following resolution; which
was considered, by unanimous consent, and agreed to:

Resolved, (the House of Representatives concurring,) That the sixteenth
joint rule of the two houses be suspended, so far as it relates to a resolution
(S. 37) appointing regents of the Smithsonian Institution.

The President signed H. R. 5, an act to establish the
Smithsonian Institution, and 8. Res. 37 appointing regents
to the Smithsonian Institution.

PROCEEDINGS IN THE HOUSE OF REPRESENTATIVES.

Hovsr or REPRESENTATIVES, December 4, 1845.

Mr. Owen gave notice of a bill to establish the Smith-
sonian Institution. °

Houser oF Representatives, December 19, 1845.

Mr. Owen’s bill (H: R. 5) was read a first and second
time, and referred to a select committee of seven members,
viz: Mr. Owen, Mr. Jno. Q, Adams, Mr. Jenkins, Mr.
Marsh, Mr. Alex. D. Sims, Mr. Jeff. Davis, and Mr. Wilmot.

Hovuss oF REPRESENTATIVES, January 9, 1846.

Mr. Owen, from the select committee, reported a resolu-
tion that the bill referred to the committee be printed ;
agreed to.

TWENTY-NINTH CONGRESS, 1845-47. 355

Howse oF Representatives, Mebruary 28, 1846.

Mr. Owen, from the select committee to which was re-
ferred the bill H. R. 5, reported a substitute for said bill;
and thereupon Mr. Owen offered the following resolution :

Resolved, That this report be printed; that the substitute herewith re-
ported be referred to the Committee of the Whole on the state of the
Union, and be printed separately in the form of a bill; and that the same
be made the special order of the day for the second Tuesday in April next.

Mr. Houston called for a division of the question, so as
to take a separate vote on the proposal to make it the
special order for a particular day ; which was ordered.

And the question on the first branch of the resolution
was taken, and decided in the affirmative.

So the bill was referred to the Committee of the Whole
on the state of the Union.

And the question recurring on the second branch of the
resolution, 5

Mr. OwEN said: I hope the House will suffer me to say
one word on the subject. The money appropriated by this
bill has been in our Treasury between seven and eight years ;
and, in all that time, not a dollar of it has been used in ac-
cordance with the will of the testator. We cannot suppose
Congress unwilling to act in such a matter. It has hereto-
fore failed, because, in the conflict on other important sub-
jects, it was delayed, and remained among the unfinished
business. This will again be its fate, unless we make it the
special order for some day. The committee put it off until
April. If even that be too early, let a later day be named.
But, at all events, let some day be fixed when we may know
that the subject will be taken up; so that we at last escape
the just reproach of receiving money for one of the best
purposes on earth, and then doing nothing with it.

The question was then taken on the second branch of the
resolution, and decided in the affirmative—two-thirds voting
therefor.

So the bill was made the special order of the day for the
second Tuesday in April next.

Mr. Owen, from the select committee on the Smithsonian
bequest, made the following report :

The select committee on the Smithsonian bequest, to
whom was referred House bill No. 5, entitled a “ bill to es-
tablish the Smithsonian Institution, for the increase and
diffusion of knowledge among men,” have had the same
under consideration, and have instructed me to report the

856 CONGRESSIONAL PROCEEDINGS.

same back with one amendment. The bill, as it was re-
ferred to them, reads as follows:

A BILL to establish the ‘‘ Smithsonian Institution,’’ for the increase and
diffusion of knowledge among men.

Whereas James Smithson, Esquire, of London, in the Kingdom of Great
Britain, by his last will and testament, did give the whole of his property
to the United States of America, to found at Washington, under the name
of the Smithsonian Institution, an establishment for the inerease and dif-
fusion of knowledge among men; and whereas Congress have heretofere
received said property and accepted said trust: therefore, that the same
may be executed in good faith, and according to the will of the liberal and
enlightened donor—

“ Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That so much of the property of
the said James Smithson as has been received in money, and paid into the
Treasury of the United States, being the sum of five hundred and fifteen
thousand one hundred and sixty-nine dollars, be lent to the United States
Treasury, at six per cent. per annum interest, from the first day of Septem-
ber, in the year one thousand eight hundred and thirty-eight, when the same
was received into the said Treasury, and that so much of the interest as may
have accrued on said sum on the first day of July next, which will amount
to the sum of two hundred and forty-two thousand one hundred and twenty-
nine dollars, or so much thereof as shall by the board of managers of the
institution established by this act be deemed necessary, be, and the same is
hereby, appropriated for the erection of suitable buildings, the enclosing
and preparing of suitable grounds, and for other current incidental expen-
ses of the said institution ; and that six per cent. interest on the said trust
fund, it being the said amount of five hundred and fifteen thousand one
hundred and sixty-nine dollars, received into the United States Treasury,
on the first of September, one thousand eight hundred and thirty-eight,
payable, in half yearly payments, on the first of January and July in each
year, be, and the same is hereby, appropriated for the perpetual maintenance
and support of said institution; and all expenditures and appropriations to
be made, from time to time, to the purposes of the institution aforesaid, shall
be exclusively from the accruing interest, and not from the principal of the
said fund.

Sec. 2. And be it further enacted, That the business of the said institution
shall be conducted by a board of managers, to be composed of the Vice-
President of the United States, the Chief Justice of the United States,
during the time for which they shall hold their respective offices; three
members of the Senate and three members of the House of Representatives,
together with seven other persons, other than members of Congress, two of
whom shall be members of the National Institute in the city of Washing-
ton, and resident in the said city; and the other five thereof shall be in-
habitants of States, and no two of them of the same State. And the man-
agers to be selected as aforesaid from Congress, shall be appointed immedi-
ately after the passage of this act—the members of the Senate by the
President thereof, and the members of the House by the Speaker thereof;
and those so appointed shall serve until the fourth Wednesday of December,
the second next after the passage of this act; and then, and biennially
thereafter, on every alternate fourth Wednesday of December, a like number
shall be appointed in the same manner, to serve until the fourth Wednesday
of December, the second succeeding their appointment; and they shall also
constitute and be denominated a joint standing committee of Congress on
the Smithsonian Institution ; and vacancies occasioned by death, resigna-
tion, or otherwise, shall be filled as vacancies in committees are filled; and
the other seven managers aforesaid shall serve for the term of two years
from the fourth Wednesday of December next after the passage of this act ;

“S—

ee

EL

TWENTY-NINTH CONGRESS, 1845-47. 357

when, and on every alternate fourth Wednesday of December thereafter, a
new election thereof shall be made by a joint resolution of Congress; and
vacancies occasioned by death, resignation, or otherwise, may be filled in
like manner by joint resolution of Congress. And the said managers shall
meet and organize, by the choice of a president, in the city of Wash-
ington, on the first Monday in September next after the passage of this
act, and they shall then fix on the times for regular meetings of the board ;
and on application of any three of the managers to the superintendent of
the said institution, it shall be his duty to appoint a special meetiug of
the board, of which he shall give notice by detter to each of the members;
and at any meeting of the board of managers, five shall constitute a quo-
rum to do business. And each member of the board of managers shall
be paid his necessary traveling and other actual expenses in attending
meetings of the board, which shall be audited and recorded by the superin-
tendent of the institution ; but his service as manager shall be gratuitous.
And whenever money is required for the payment of the debts or perform-
ance of the contracts of the institution, incurred or entered into in con-
formity with the provisions of this act, or for making the purchases and
executing the objects authorized by this act, the superintendent or the
managers, or any three thereof, may certify to the president of the board
that such sum of money is required; whereupon, he shall submit the same
to a committee of three of the managers appointed for that purpose for ex-
amination and approval; and upon such examination and approval, he
shall certify the same to the proper officer of the Treasury for payment.
And the said board shall make all needful rules, regulations, and by-laws,
for the government of the institution and the persons employed therein, and
shall submit to Congress, at each session thereof, a report of the operations,
expenditures, and condition of the institution.

Src. 8. And be it further enacted, That after the board of managers shall
have met, and become organized, it shall be their duty forthwith to proceed
to select suitable sites for such buildings as may be necessary for the institu-
tion, and suitable ground for horticultural and agricultural purposes and
experiments ; which ground may be taken and appropriated out of that part
of the public ground in the city of Washington called the Mall, lying west
of Seventh street; and the sites and grounds so selected shall be set out by
proper metes and bounds, and a description of the same shall be made and
recorded in a book to be provided for that purpose, and signed by the said
managers, or so many of them as may be convened at the time of their
said organization ; and such record, or a copy thereof, certified by the pres-
ident of the board of managers, shall be received in evidence in all courts
of the extent and boundaries of the lands appropriated to the said institu-
tion; and upon the making of such record, such sites and lands shall be
deemed and taken to be appropriated by force of this act to the said insti-
tution.

Src. 4. And be it further enacted, That, so soon as the board of managers
shall have selected the site for the buildings of the institution, they shall cause
to be erected a suitable building, of plain and durable materials and struct-
ure, without unnecessary ornament, and of sufficient size, and with suitable
rooms or halls for the reception and arrangement, upon a liberal scale, of
objects of natural history, including a geological and mineralogical cabinet ;
also a chemical laboratory, a library, and the necessary lecture rooms; and
the 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 such plan as may be directed by the board of managers, and shall
take sufficient security to the Treasurer of the United States for the building
and finishing the same according to the said plan, and in the time stipulated
in such contract. And the board of managers shall also cause the grounds
selected for horticultural and agricultural purposes to be enclosed and se-
cured, and suitable buildings erected, to preserve such plants as will not
bear exposure to the weather at all seasons; and so soon as it may be neces-

358 CONGRESSIONAL PROCEEDINGS.

sary for the accommodation of the persons employed in said institution, the
said board of managers may cause to be erected on the grounds of the in-
stitution such dwelling houses and other buildings, of plain and substantial
workmanship and materials, to be without unnecessary ornament, as may
be wanted: Provided, however, That the whole expense of the buildings and
enclosures aforesaid shall not exceed the amount of the interest which will
have accrued on the principal sum and fund on the first day of July next,
to wit: the sum of two hundred and forty-two thousand one hundred and
twenty-nine dollars; which sum is hereby appropriated, payable out of
money in the Treasury not otherwise appropriated; together with such
sum or sums out of the annual interest accruing to the institution, as may,
in any year, remain unexpended, after paying the current expenses of the
institution: And provided, further, That the expenditure for enclosing and
securing grounds, and erecting buildings to prevent plants from exposure,
shall not exceed the sum of twenty thousand dollars. And all such con-
tracts as may be made by said board of managers shall be deposited with the
Treasurer of the United States ; and all questions which may arise between
the United States and any person claiming under and by virtue of any such
contract, shall be heard and determined by said board of managers, and such
determination shall be final and conclusive upon all parties; and all
claims on any contract made as aforesaid shall be allowed and certified by
the board of managers, or a committee thereof, as the case may be, and,
being signed by the president of the board, shall be a sufficient voucher for
settlement and payment at the Treasury of the United States. And the
board of managers shall be authorized to employ such persons as they deem
necessary to superintend the erection of the buildings and fitting up the
rooms of the institution. And all laws for the protection of public prop-
erty in the city of Washington shall apply to, and be in force for, the pro-
tection of the lands, buildings, and other property of said institution; and
all prosecutions for trespasses upon said property, and all civil suits on be-
half of said institution, shall be prosecuted in the name of the United
States, in any court having competent jurisdiction of the same.

Suc. 5. And be it further enacted, That, in proportion as suitable arrange-
ments can be made for their reception, all objects of foreign and curious
research, and all objects of natural history, plants, and geological and min-
eralogical specimens belonging or hereafter to belong to the 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 managers to receive them, and shall be arranged in such order,
and so classed, as best to facilitate the examination and study of them, in
the buildings so as aforesaid to be erected for the institution; and the man-
agers of said institution shall afterwards, as new specimens in natural his-
tory, geology, or mineralogy, may be obtained for the museum of the in-
stitution by exchanges of duplicate specimens belonging to the institution,
(which they are hereby authorized to make) or by donation, which they
may receive, or otherwise, cause such new specimens to be also appropri-
ately classed and arranged. And the minerals, books, manuscripts, and
other property of James Smithson, which have been received by the Gov-
ernment of the United States, and are now placed in the Patent Office,
shall be removed to said institution and shall be preserved separate and
apart from the other property of the institution.

Sec. 6. And be it further enacted, That the managers of said institution
shall appoint a superintendent, whose duty it shall be to take charge of the
ground, buildings, and property, belonging to the institution, and carefully
preserve the same from injury; and such superintendent shall be the sec-
retary of the board of managers, and shall, under their direction, make a
fair and accurate record of all their proceedings, to be preserved in said in-
stitution; and the said superintendent shall also discharge the duties of li-
brarian and of keeper of the museum, and may, with the consent of the
board of managers, employ an assistant; and the said managers shall ap-

i
sek

————

TWENTY-NINTH CONGRESS, 1845-47. 359

point a professor of agriculture, horticulture, and rural economy, and the
said professor may hire, from time to time, so many gardeners, practical ag-
riculturists, and laborers as may be necessary to cultivate the ground and
keep in repair the buildings of said institution; and he shall make experi-
ments to determine the utility and advantage of new modes and instru-
ments of culture, to determine whether new fruits, plants, and vegetables
may be cultivated to advantage in the United States; and all such fruits,
plants, seeds, and vegetables as shall be found useful, and adapted to any of
our soils and climates, shall be distributed among the people of the Union;
and the said officers shall receive for their services such sum as may be al-
lowed by the board of managers, to be paid semi-annually on the first day
of January and July; and the said officers, and all other officers of the in-
stitution, shall be removable by the board of managers whenever, in their

judgment, the interests of the institution require any of the said officers to

be changed.

Src. 7. And whereas the most effectual mode of promoting the general
diffusion of knowledge is by judiciously conducted common schools, to the
establishment of which throughout the Union much aid will be afforded by
improving and perfecting the common school system of the country, and by
elevating the standard of qualification for common school teachers: And
whereas knowledge may be essentially increased among men by instituting
scientific researches, and, generally, by spreading among the people a taste
for science and the arts—

Beit further enacted, That the board of managers shall establish a nor-
mal branch of the institution, by appointing some suitable person as profes-
sor of common school instruction, with such other professors, chiefly of the
more useful sciences and arts, as may be necessary for such a thorough, sci-
entific, and liberal course of instruction as may be adapted to qualify young
persons as teachers of common schools, and to give to others a knowledge
of an improved common school system ; and also, when desired, to qualify
students as teachers or professors of the more important branches of natural
science. And the board of managers may authorize the professors of the
institution to grant to such of its students as may desire it, after suitable
examination, certificates of qualification as common school teachers, and also
as teachers or professors in various branches of science; they may also em-
ploy able men to lecture upon useful subjects, and shall fix the compensa-
tion of such lecturers and professors: Provided, however, That there shall not
be established, in connection with the institution, any school of law, or med-
icine, or divinity, nor any professorship of ancient languages. And thesaid
managers shall make, from the interest of said fund, an appropriation, not
exceeding five thousand dollars annually, for the gradual formation of a
library, composed chiefly of the best works on the physical sciences, and
the application of science to the arts of life, but without excluding valua-
ble and standard works pertaining to other departments of human knowl-
edge.

Src. 8. And be it further enacted, That the said board of managers shall
make all needful rules, regulations, and by-laws, for the government of the
institution and the persons employed therein ; and, in prescribing the duties
of the professors and lecturers, they sball have reference to the intro-
duction and illustration of subjects connected with the application of science
to the productive and liberal arts of life, improvements in agriculture, in
manufactures, in trades, and in domestic economy; and they shall also
have special reference to the increase and extension of scientific knowledge
generally, by experiment and research. And the managers may, at their
discretion, cause to be printed, from time to time, any lecture or course of
lectures which they may deem useful. And it shall be the duty of each
lecturer, while in the service of the institution, to submit a copy of any
lecture or lectures delivered by him, to the managers, if required and called
upon, for the purpose of being printed; and such lectures, when printed,

360 CONGRESSIONAL PROCEEDINGS.

shall be at all times offered for sale at the lowest rate that will repay the
actual expense of publication. f

Suc. 9. And be it further enacted, That the said board of managers shall
also make rules and regulations for the admission of students into the vari-
ous departments of the institution, and their conduct and deportment while
they remain therein: Provided, That all instruction in said institution shall
be gratuitous to those students who conform to such rules and regulations.

Suc. 10. And be it further enacted, That it shall be competent for the
board of managers to cause to be printed and published periodically or
occasionally essays, pamphlets, magazines, or other brief works or produc-
tions for the dissemination of information among the people, especially
works in popular form on agriculture and its latest improvements, on the
sciences and the aid they bring to labor, manuals explanatory of the best
systems of common school instruction, and generally tracts illustrative of
objects of elementary science and the rudiments of history, chemistry,
astronomy, or any other department of useful knowledge; also, they may
prepare sets of illustrations, specimens, and apparatus, suited for primary
schools: Provided, That the same shall at all times be offered for sale at the
lowest rate that will repay the actual expense of preparation or publication.

Sec. 11. And be it further enacted, That of any other moneys which have
accrued, or shall hereafter accrue, as interest upon the said Smithsonian
fund, not herein appropriated, or not required for the purposes herein pro-
vided, the said managers are hereby authorized to make such disposal as
they shall deem best suited for the promotion of the purposes of the testa-
tor, anything herein contained to the contrary notwithstanding.

Sec. 12. And be it further enacted, That and Joseph G.
Totten and Alexander Dallas Bache, members of the National Institute,
and resident in the city of Washington, be the seven managers who, by the
second section of this act, are to be appointed by Congress.

Src. 13. And be it further enacted, That there is reserved to Congress
the right of altering, amending, adding to, or repealing any of the provi-
sions of this act: Provided, That no contract, or individual right, made or
acquired under such provisions, shall be thereby divested or impaired.

The amendment agreed to by your committee, and which
they recommend for adoption to the House, is to strike out
all after the preamble, and insert the following substitute :

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That so much of the property of
the said James Smithson as has been received in money and paid into the
Treasury of the United States, being the sum of five hundred-and fifteen
thousand one hundred and sixty-nine dollars, be lent to the United States
Treasury, at six per cent. per annum interest, from the first day of September,
in the year one thousand eight hundred and thirty-eight, when the same was
received into the said Treasury ; and thatso much of the interest as may
have accrued on said sum on the first day of July next, which will amount
to the sum of two hundred and forty-two thousand one hundred and twenty=-
nine dollars, or so much thereof as shall by the board of managers of the
institution established by this act be deemed necessary, be, and the same is
hereby, appropriated for the erection of suitable buildings, the enclosing and
preparing of suitable grounds, and for other current incidental expenses of
the said institution ; and that six per cent. interest on the said trust fund,
it being the said amount of five hundred and fifteen thousand one hundred
and sixty-nine dollars, received into the United States Treasury on the first
of September, one thousand eight hundred and thirty-eight, payable, in half-
yearly payments, on the first of January and July in each year, be, and the
same is hereby, appropriated for the perpetual maintenance and support of
said institution ; and all expenditures and appropriations to be made, from
time to time, to the purposes of the institution aforesaid, shall be exclusively

TWENTY-NINTH CONGRESS, 1845-47, 361

from the accruing interest and not from the principal of the said fund.
And be it further enacted, That all the moneys and stocks which have been,
or may hereafter be, received into the Treasury of the United States, on
account of the fund bequeathed by James Smithson, be and the same here-
by are, pledged to refund to the Treasury of the United States the sums
hereby appropriated.

Sec. 2. And beit further enacted, That the business of the said institution
shall be conducted by a board of managers, who shall be, and hereby are,
constituted a body politic and corporate, by the style and title of the ‘‘ Smith-
sonian Institution,” with perpetual succession, and the usual powers, duties,
and liabilities, incident to corporations. And the said board of managers
shall be composed of the Vice-President of the United States, the Chief
Justice of the United States, and the mayor of the city of Washington,
during the time for which they shall hold their respective offices, three
members of the Senate, and three members of the House of Representatives,
together with six other persons, other than members of Congress, two of
whom shall be members of the National Institute in the city of Washing-
ton, and resident in the said city ; and the other four thereof shall be in-
habitants of States, and no two of them of the same State. And the man-
agers, to be selected as aforesaid, shall be appointed immediately after the
passage of this act—the members of the Senate by the President thereof ;
the members of the House by the Speaker thereof; and the six other per-
sons by joint resolution of the Senate and House of Representatives; and
the members of the House so appointed shall serve until the fourth Wed-
nesday in December, the second next after the passage of this act ; and then,
and biennially thereafter, on every alternate fourth Wednesday of Decem-
ber, a like number shall be appointed in the same manner, to serve until
the fourth Wednesday in December, the second succeeding their appoint-
ment. And the Senators so appointed shall serve during the term for which
they shall hold, without re-election, their office as Senators. And vacancies
occasioned by death, resignation, or otherwise, shall be filled as vacancies
in committees are filled ; and the other six members aforesaid shall serve,
two for two years, two for four years, and two for six years; the terms of
service, in the first place, to be determined by lot; but after the first term,
then their regular term of service shall be six years; and new elections
thereof shall be made by joint resolution of Congress; and vacancies occa-
sioned by death, resignation, or otherwise, may be filled in like manner,
by joint resolution of Congress. And the said managers shall meet and
organize by the choice of a president in the city of Washington, on the
first Monday in September next after the passage of this act, and they shall
then fix on the times for regular meetings of the board ; and on application
of any three of the managers to the superintendent of the said institution,
it shall be his duty to appoint a special meeting of the board, of which he
shall give notice by letter to each of the members; and at any meeting of
the board of managers, five shall constitute a quorum to do business. And
each member of the board of managers shall be paid his necessary travel-
ing and other actual expenses in attending meetings of the board, which
shall be audited and recorded by the superintendent of the institution ; but
his service as manager shall be gratuitous. And whenever money is re-
quired for the payment of the debts or performance of the contracts of the
institution, incurred or entered into in conformity with the provisions of
this act, or for making the purchases and executing the objects authorized
by this act, the superintendent or the managers, or any three thereof, may
’ certify to the president of the board that such sum of money is required;
whereupon, he shall submit the same to a committee of three of the mana-
gers appointed for that purpose, for examination and approval; and upon
such examination and approval, he shall certify the same to the proper
officer of the Treasury for payment. And the said board shall make all
needful rules, regulations, and by-laws, for the government of the institu-
tion and the persons employed therein, and shall submit to Congress, at each

362 CONGRESSIONAL PROCEEDINGS.

session thereof, a report of the operations, expenditures, and condition of
the institution.

Src. 8. And be it further enacted, That after the board of managers shall
have met, and become organized, it shall be their duty forthwith to proceed
to select suitable sites for such bnildings as may be necessary for the institu-
tion, and suitable ground for horticultural and agricultural purposes and
experiments ; which ground may be taken and appropriated out of that
part of the public ground in the city of Washington called the Mall, lying
west of Seventh street; and the sites and ground so selected shall be set out
by proper metes and bounds, and a description of the same shall be made
and recorded in a book to be provided for that purpose, and signed by the
said managers, or so many of them as may be convened at the time of their
said organization ; and such record, or a copy thereof, certified by the presi-
dent of the board of managers, shall be received in evidence in all courts of
the extent and boundaries of the lands appropriated to the said institution ;
and upon the making of such record, such sites and lands shall be deemed
and taken to be appropriated by force of this act to the said institution.

Sec. 4. And be it further enacted, That, so soon as the board of managers
shall have selected the site for the buildings of the institution, they shall
cause to be erected a suitable building, of plain and durable materials and
structure, without unnecessary ornament, and of sufficient size, and with
suitable rooms, or halls, for the reception and arrangement, upon a liberal
scale, of objects of natural history, including a geological and mineralogi-
cal cabinet; also a chemical laboratory, a library, a gallery of art, and the
necessary lecture rooms; and the said board shall have authority, by them-
selves, or by a committee of three of their members, to contract for the
completion of such building, upon such plan as may be directed by the
board of managers, and shall take sufficient security for the building and
finishing the same according to the said plan, and in the time stipulated in
such contract. And the board of managers shall also cause the grounds
selected for horticultural and agricultural purposes to be inclosed and
secured, and suitable buildings erected to preserve such plants as will not
bear exposure to the weather at all seasons; and so soon as it may be nec-
essary for the accommodation of the persons employed in said institution,
the said board of managers may canse to be erected, on the grounds of the
institution, such dwelling-houses and other buildings, of plain and substan-
tial workmanship and materials, to be without unnecessary ornament, as
may be wanted: Provided, however, That the whole expense of the build-
ings and inclosures aforesaid shall not exceed the amount of the interest
which will have agcrued on the principal sum and fund on the first day of
July next, to wit: the sum of two hundred and forty-two thousand one
hundred and twenty-nine dollars; which sum is hereby appropriated, pay-
able out of money in the Treasury not otherwise appropriated ; together
with such sum or sums out of the annual interest accruing to the institu-
tion, as may, in any year, remain unexpended, after paying the current
expenses of the institution: And provided, further, That the expenditure
for inclosing and securing grounds, and erecting buildings to prevent plants
from exposure, shall not exceed the sum of twenty thousand dollars. And
duplicates of all such contracts as may be made by the said board fo man-
agers shall be deposited with the Treasurer of the United States; and all
claims on any contract, made as aforesaid, shall be allowed and certified by
the board of managers, or a committee thereof, as the case may be, and,
being signed by the president of the board, shall be a sufficient voucher for
settlement and payment at the Treasury of the United States. And the
board of managers shall be authorized to employ such persons as they deem
necessary to superintend the erection of the buildings and fitting up the
rooms of the institution. And all laws for the protection of public prop-
erty in the city of Washington, shall apply to, and be in force for, the pro-
tection of the lands, buildings, and other property of said institution. And
all moneys recovered by, or accruing to, the institution shall be paid into

TWENTY-NINTH CONGRESS, 1845-47. 363

the Treasury of the United States, to the credit of the Smithsonian bequest,
and separately accounted for, as provided in the act approved July 1, 1836,
accepting said bequest.

Src. 5. And be it further enacted, That, in proportion as suitable arrange-
ments can be made for their reception, all objects of art and of foreign and
curious research, and all objects of natural history, plants, and geological
and mineralogical specimens belonging or hereafter to belong to the 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 managers to receive them, and shall be arranged in such
order, and so classed, as best to facilitate the examination and study of
them, in the buildings so as aforesaid to be erected for the institution; and
the managers of said institution shall afterwards, as new specimens in natu-
ral history, geology, or mineralogy may be obtained for the museum of the
institution, by exchanges of duplicate specimens belonging to the institu-
tion, (which they are hereby authorized to make,) or by donation, which
they may receive, or otherwise, cause such new specimens to be also appro-
priately classed and arranged. And the minerals, books, manuscripts, and
other property of James Smithson, which have been received by the Gov-
ernment of the United States, and are now placed in the Department of
State, shall be removed to said institution, and shall be preserved separate
and apart from the other property of the institution.

Src. 6. And be it further enacted, That the managers of said institution
shall appoint a superintendent, whose duty it shall be to take charge of the
ground, buildings, and property belonging to the institution, and carefully
preserve the same from injury ; and such superintendent shall be the secre-
tary of the board of managers, and shall, under their direction, make a fair
and accurate record of all their proceedings, to be preserved in said institu-
tion; and the said superintendent shall also discharge the duties of librarian
and of keeper of the museum, and may, with the consent of the board of
managers, employ assistants ; and the said managers shall appoint a profes-
sor of agriculture, horticulture, and rural economy; and the said professor
may hire, from time to time, so many gardeners, practical agriculturists, and
laborers as may be necessary to cultivate the ground and maintain a botani-
eal garden; and he shall make, under the supervision of the board of man-
agement, such experiments as may be of general utility throughout the
United States, to determine the utility and advantage of new modes and
instruments of culture, to determine whether new fruits, plants, and vege-
tables may be cultivated to advantage in the United States; and the said
officers shall receive for their services such sum as may be allowed by the
board of managers, to be paid semi-annually on the first day of January
and July; and the said ofticers, and all other officers of the institution, shall
be removable by the board of managers, whenever, in their judgment, the
interests of the institution require any of the said officers to be changed.

Src. 7. And whereas the most effectual mode of promoting the general
diffusion of knowledge is by judiciously conducted common schools, to the
establishment of which throughout the Union much aid will be afforded by
improving and perfecting the common school system of the country, and by
elevating the standard of qualification for common school teachers: And
whereas knowledge may be essentially increased among men by instituting
scientific researches, and, generally, by spreading among the people a taste
for science and the arts—

Be it further enacted, That the board of managers shall establish a nor-
mal branch of the institution, by appointing some suitable person as profes-
sor of common school instruction, with such other professors, chiefly of the
more useful sciences and arts, as may be necessary for such a thorough,
scientific, and liberal course of instruction as may be adapted to qualify
young persons as teachers of common schools, and to give to others a knowl-
edge of an improved common school system; and also, when desired, to
qualify students as teachers or professors of the more important branches of

3864 CONGRESSIONAL PROCEEDINGS.

natural science. And the board of managers may authorize the professors
of the institution to grant to such of its students as may desire it, after
suitable examination, certificates of qualification as common school teachers,
and also as teachers or professors in various branches of science; they may
also employ able men to lecture upon useful subjects, and shall fix the com-
pensation of such lecturers and professors: Provided, however, That there
shall not be established, in connection with the institution, any school of
law, or medicine, or divinity, nor any professorship of ancient languages.
And the said managers shall make, from the interest of said fund, an appro-
priation, not exceeding an average of ten thousand dollars annually, for the
gradual formation of a library, composed of valuable works pertaining to
all departments of human knowledge.

Suc. 8. And be it further enacted, That the said board of managers shall
make all needful rules, regulations, and by-laws, for the government of the
institution and the persons employed therein ; and, in prescribing the duties
of the professors and lecturers, they shall have reference to the introduction
and illustration of subjects connected with the application of science to the
productive and liberal arts of life, improvements in agriculture, in manu-
factures, in trades, and in domestic economy; and they shall also have
special reference to the increase and extension of scientific knowledge gen-
erally, by experiment and research. And the managers may, at their dis-
cretion, cause to be printed, from time to time, any lecture or course of
lectures which they may deem useful. And it shall be the duty of each
lecturer, while in the service of the institution, to submit a copy of any
lecture or lectures, delivered by him, to the managers, if required and called
upon.

auc. 9. And be it further enacted, That the said board of managers shall
also make rules and regulations for the admission of students into the vari-
ous departments of the institution, and their conduct and deportment while
they remain therein: Provided, That all instruction in said institution shall
be gratuitous to those students who conform to such rules and regulations.

Sec. 10. And be it further enacted, That it shall be competent for the
board of managers to cause to be printed and published periodically or occa-
sionally essays, pamphlets, magazines, or other brief works or productions
for the dissemination of information among the people, especially works in
popular form on agriculture and its latest improvements, on the sciences and
the aid they bring to labor, manuals explanatory of the best systems of com-
mon school instruction, and generally tracts illustrative of objects of ele-
mentary science, and treatises on history, natural and civil, chemistry,
astronomy, or any other department of useful knowledge; also, they may
prepare sets of illustrations, specimens, apparatus, and school books, suited
for primary schools.

Src. 11. And be it further enacted, Thatof any other moneys which have
accrued, or shall hereafter accrue, as interest upon the said Smithsonian
fund, not herein appropriated, or not required for the purposes herein pro-
vided, the said managers are hereby authorized to make such disposal as
they shall deem best suited for the promotion of the purpose of the testator,
anything herein contained to the contrary notwithstanding.

Sec. 12. And be it further enacted, That there is reserved to Congress
the right of altering, amending, adding to, or repealing any of the provi-
sions of this act: Provided, That no contract or individual right, made or
acquired under such provisions, shall be thereby divested or impaired.

Your committee further report, that though they do not
consider it in strictness a part of their duty to refer to the
purchases of stocks which Congress has seen fit to make
with the money paid into the Treasury as the Smithsonian
fund, yet they have inquired into the present condition of

=

TWENTY-NINTH CONGRESS, 1845-47. 365

these investments, and make the following statement in re-
gard to the same, that the House, by its Committee of Ways
and Means or otherwise, may, if it see fit, inquire into the
expediency of adopting measures for the ultimate arrange-
ment of these debts.

There was invested, as by reference to tables A, B, and
C, in House document No. 142, 28th Congress, 1st session,
will more fully appear, upwards of half a million in Arkan-
sas bonds; upwards of $50,000 in Illinois bonds, and a few
smaller sums in Ohio, Michigan, and United States stocks.

On these stocks, up to the 3ist December, 1848, as ap-
pears also in the report above referred to, interest was paid
except

Balance of interest then due and unpaid,

DyAtnoStvtonOlpArkansasase se seoelss et. 2 Bee ee $75,687 84
Michigan 3% 220 ee oe ee es eee 480 00
aU oa eye Sees A os Es aes ee eee eel 3,360 00

Total interest due and unpaid, 3lst December, 1848-___...__- $79,527 84

By a statement received by your committee from the Sec-
retary of the Treasury, they learn that, since the 31st De-
cember, 1843, there has been carried into the Treasury,
on account of interest due by these States, the sum of
$19,106.25; and that the entire amount of interest due and
unpaid, at the close of last year, had increased as follows :

Balance of interest due and unpaid up to the 31st of December, 1845, viz:

iyeunosuste Of wncansas sen eee eae e ee ses $180,841 52
NO TSS et ty aed oe a es 1,680 00
Michipans s222 oie lene ose st 180 07

Total interest on stocks purchased with the Smithsonian fund,
due and unpaid on the 31st December, 1845_-----_--____-- $182,701 59

What measures, if any, it may be expedient to adopt in
regard to the back interest, or to the sale of all or any of
these stocks, they have not considered it their province to
inquire.

And your committee recommend to the House the adop-
tion of the following resolution :

Resolved, That this report be printed; that the substitute herewith re-
ported by them be referred to the Committee of the Whole on the state of
the Union, and be printed separately in the form of a bill; and that the

same be made the special order of the day for the second Tuesday in April
next.

All which is respectfully submitted.
Rozert Date Ownn, Chairman.

366 CONGRESSIONAL PROCEEDINGS.
House or REPRESENTATIVES, April 22, 1846.

The SPEAKER announced the special order of the day to
be the bill in relation to the Smithsonian Institution.

Mr. Owen moved that the House resolve itself into Com-
mittee of the Whole on the state of the Union, which mo-
tion was agreed to.

The SPrakER invited to the chair Mr. Seaborn Jones, who
excused himself on the ground that he had but a limited
acquaintance with the members.

Mr. Burt having then been addressed by the Speaker, ac-
cepted the invitation.

Whereupon the House resolved itself into Committee of
the Whole on the state of the Union, (Mr. Burt, of South
Carolina, in the chair,) and proceeded to the consideration
of the bill entitled ‘* A bill to establish the Smithsonian In-
stitution for the increase and diffusion of knowledge among
men.”

The bill having been read through, was taken up by sec-
tions; and the first section being under consideration, Mr.
G. W. Jones moved that the said section be stricken out.

Mr. Owen said: We have been unfortunate, in this coun-
try, in the administration of legacies bequeathed by beney-
olent men for the improvement of our race. Of the noble
Girard fund, three quarters of a million of dollars are lost
forever, and though half a generation has passed away since
the eccentric Philadelphian died, not one child has yet reaped
the benefit of his munificent bequest. A temple has indeed
arisen that outshines Greece and her Parthenon; its sump-
tuous Corinthian pillars, each one costing a sum that would
have endowed a professorship, are the admiration of be-
holders and the boast of the Quaker city; but years must
yet elapse before the first son of indigence can ascend the
steps of that princely portico, and sit down within those
marble halls to receive the education for which its simple
and unostentatious founder sought to provide.

Yet it is not for us of this National Legislature to arraign
as dilatory, the corporation of Philadelphia. It is sixteen
years since James Smithson died, leaving to the United
States the reversion of more than half a million of dollars,
to found, in this District, an institution ‘for the increase
and diffusion of knowledge among men.” It will be ten
years, on the Ist of July next, since this Government sol-
emnly accepted the trust created by Mr. Smithson’s will.
It will be eight years next September since the money was
obtained from the English Court of Chancery and paid into

TWENTY-NINTH CONGRESS, 1845-47. 367

the Treasury of the United States. And yet, though dis-
tinguished men have moved in this matter, though projects
have been brought forward and discussed in Congress, there
has till this day been no final action; the first human being
has yet to receive the benefit of the Smithsonian bequest; the
corner-stone of the first building has yet to be laid, in fulfil-
ment of the intentions of the philanthropic testator.

Small encouragement is there, in such tardiness as this to
others, as wealthy and as liberal as Smithson and Girard,
to follow their noble example! Small encouragement to
such men, to entrust to our care bequests for human im-
provement! Due diligence is one of the duties of a faithful
trustee. Has Congress, in its conduct of this sacred trustee-
ship, used due diligence? Have its members realized, in
the depths of their hearts, its duties and their urgent impor-
tance? Or has not the language of our legislative action
rather been but this: ‘The Smithsonian fund? Ah, true!
That’s well thought of. One forgets these small matters.
We ought certainly to attend to it—one of these days, if we
could only find time.” We are as the guestsin the parable,
bidden to the marriage feast. ‘I have married a wife, and
therefore I cannot come.” ‘I have bought a yoke of oxen,
and must needs remain at home to prove them.” Let us
see to it, that the condemnation passed upon their paltry ex-
euses fall not, with double force, upon our supineness in this
thing.

There are those among the strict constructionists of the
House who will vote to return this fund to the British
Court of Chancery; alleging that we have no constitutional
power to receive or to administer it. I suppose, judging
from the tenor of the amendment moved by the gentleman
from Tennessee, [Mr. G. W. Jones,] that he will so vote.

Mr. Jones. I certainly shall.

Mr. Owen. Well, sir, though I share not the gentleman’s
constitutional scruples, yet I, too,if action in this matter be
much longer delayed, shall join in a vote to send back the
money to the country whence it came. There is not com-
mon honesty in a man who shall receive a trust fund even
for an object the most indifferent, and then keep the money
in his hands, without applying it according to the will of
the legator. What, then, shall we say of a great Govern-
ment, that accepts, solemnly accepts, before God and man,
a bequest for a purpose sacred and holy, if any such purpose
there be upon earth, and then, indolent or indifferent, so
braves the just censure of the world, so disappoints the gen-
rous confidence reposed in it, as to neglect and postpone,

368 CONGRESSIONAL PROCEEDINGS.

year after year, every measure for the administration of that
bequest ?

Delay is denial. We have no more right to put off, through-
out long years, the appropriation of such a fund, than we
have to direct it to our own private purposes. Nonuse works
forfeiture as surely as misuse. Mr. Richard Rush, through
whose agency the fund was realized and remitted to this
country, in a paper read two years ago, before the National
Institute, remarks, that if this delay of action had been an-
ticipated by the English chancery judges, it ‘ might have
forestalled the decree in our favor, in the unrestricted man-
ner in which it was made.” He adds: “It is at least
known, that the English Court of Chancery is slow to part
with trust funds under any ordinary circumstances, without
full security that they will not be diverted from their object,
or suffered to languish in neglect. That tribunal asked no such
security from the United States. It would have implied
the possibility of laches in the high trustee.”— Paper read
April 8, 1844.

Thus we are notlegally accountable. The heavier, for that
very reason, is our moral responsibility. The gambler,
beyond the pale of the law, commonly retains honor enough
to meet his promises. We have less than the gambler’s
honor if, sheltered behind our sovereignty, we take advan-
tage of the impunity it affords, and become unfaithful to a
high and imperative duty.

T impute not to an American Congress—I attribute not
to any of my fellow-members—the deliberate intention to
neglect the objects of this trust. There is, doubtless there
always has been, a right feeling on this subject. The just
cause of complaint is, that this right feeling, like many other
good intentions in this world, has never ripened into action.
“When you feel nobly and intend well, go and do some-
thing! Do some good; it avails nothing merely to think
about it.” Such were the words, pronounced from yonder
desk, by a teacher whose impressive eloquence recently filled
this hall. I thought of the Smithsonian bequest when I
heard them.

Nor is it difficult to distinguish the reason, though it fur-
nish no sufficient apology for this prolonged inaction. It is
to be ascribed, though in part to indifference, yet chiefly to the
difficulty of selecting between various and conflicting plans.
The words of the will, liberal and comprehensive, do not
indicate the specific mode in which the intentions of the
testator shall be carried into effect. Mr. Smithson left the
whole of his property, failing certain relatives, and an old

i he a ae

TWENTY-NINTH CONGRESS, 1845-47. 369

servant, (now all deceased,) ‘‘ to the United States of Ameri-
ca; to found, at Washington, under the name of the Smith-
sonian Institution, an establishment for the increase and
diffusion of knowledge among men.”

«« An institution for the increase and diffusion of knowl-
edge among men.” ‘These are the words, and the only
words, that remain to us asa guide in framing a Smithsonian
bill; our sole guide; unless, indeed, we are to summon, as
a commentary on the text of the will, and an additional
indication of the probable intentions of Mr. Smithson, such
particulars as have reached us touching his private character
and habits. These are very scanty. Mr. Rush says:

‘What I have heard and may confide in, amounts to this: that he was,
in fact, the natural son of the Duke of Northumberland; that his mother
was a Mrs. Macie, of an ancient family in Wiltshire, of the name of Hun-
gerford ; that he was educated at Oxford, where he took an honorary degree
in 1786 ; that he does not appear to have any fixed home, living in lodgings
while in London, and occasionally staying a year or two at a time in cities
on the continent, as Paris, Berlin, Florence, Genoa, at which last he died ;
and that the ample provision made for him by the Duke of Northumber-
land, with retired and simple habits, enabled him to accumulate the for-
tune which now passes to the United States.”,—Report 277, H. R., 26th
Cong., 1st. Sess., p. 99.

Mr. Rush further says :

‘‘ He interested himself little in questions of government, being devoted
to science, and chiefly chemistry. This had introduced him to the society
of Cavendish, Wollaston, and others advantageously known to the Royal
Society in London, of which he was a member.’’—J6id.

In a ** Memoir of the Scientific Character and Researches
of James Smithson,” prepared two years ago by Professor
Johnson, of Philadelphia, there are enumerated twenty-
four papers or treatises by Smithson, published in the
‘Transactions of the Royal Society,” and other scientific
journals of the day, containing contributions chiefly to the
sciences of mineralogy, geology, and, more especially, min-
eral chemistry. Some of these contain acute suggestions
regarding geological theories, since confirmed by more mod-
ern observation; others evince the minute care and accuracy
demanded by quantitative analysis; while one or two, of a
more humble character, show that the man of science dis-
dained not to apply his knowledge to common things, even
to the details of domestic economy. In the “ Annals of
Philosophy,” (vol. xxii, p. 80,) he has a brief tract on the
“method of making coffee.” It contains the following ex-
cellent observation :

“In all cases means of economy tend to augment and diffuse comfort and
happiness. They bring within the reach of many what wasteful proceed-
ing confines to the few. By diminishing expenditure on one article, they
allow some other enjoyment which was before unattainable.’’

24

370 CONGRESSIONAL PROCEEDINGS.

Even in a trifle like this we may trace the utilitarian sim-
plicity and practical benevolence of James Smithson.

The will determines the name of the institution, and ren-
ders imperative its location at Washington. It decides also,
that a Smithsonian Institution shall have two distinct objects;
one to increase the sum of human knowledge, the other to
aid in its diffusion: for we cannot imagine the terms to have
been employed as synonymous. From the character of the
testator’s pursuits, we may fairly infer, further, that a Smith-
sonian bill, framed in accordance with the evident intentions
of Smithson himself, must include the natural sciences, and
especially chemistry, together with their application to the
useful arts of life, among the branches of knowledge to
be increased and diffused. And, as his own habits were
frugal and unostentatious, so, in all its details, should be
the institution that bears his name.

Suffer me now briefly to pass in review the history of our
legislative proceedings in this matter.

The money was paid into the United States Treasury on
the Ist of September, 1838. On the 6th of December, of
the same year, President Van Buren sent a message to Con-
gress, informing that body, that he had in July, 1838, direc-
ted the Secretary of State ‘“‘to apply to persons versed in
science, and familiar with the subject of public education,
as to the mode of disposing of the fund best calculated to
meet the intentions of the testator, and prove most benefi-
cial to mankind.”

From the wording of this message we may infer that Mr.
Van Buren considered the advancement of science and of
public education the proper object of a Smithsonian Institu-
tion.

He communicated to Congress the replies received. A
brief abstract of the more important of these may be use-
ful and interesting at this time.

Professor Wayland proposed a university of a high grade
to teach Latin, Greek, Hebrew, and the Oriental languages,
together with a long list of other branches, including rhet-
orie and poetry, intellectual philosophy, the law of nations,
&e. <A bill substantially based upon this recommendation,
was introduced in 1839, into the Senate; and, on the 25th
of February of that year, after full debate, was laid on the
table by a vote of twenty to fifteen.

Dr. Cooper proposed a university, to be opened only to
graduates of other colleges, to teach the higher branches of
mathematics, including its application to astronomy, chem-
istry, &c.; also, the principles of botany and agriculture.

TWENTY-NINTH CONGRESS, 1845-47. 371

No Lattin or Greek; no mere literature; no medicine or
law. The above recommendations in regard to botany and
agriculture, and also those excluding the learned languages
and professions, have been adopted in the present Smithso-
nian bill.

Mr. Richard Rush proposed a building, with grounds
attached, sufficient to reproduce seeds and plants for distri-
bution; a press to print lectures, &c.; courses of lectures on
the leading branches of physical and moral science, and on
government and public law; the salaries to be ample enough
to command the best men, and admit of the exclusive devotion
of their time to the studies and investigations of their posts ;
the lectures, when delivered, to be the property of the In-
stitution for publication. Most of these recommendations
are adopted in the bill before yon. Mr. Rush also made the
excellent suggestion, that consuls and other United States
officers might greatly aid the Institution by collecting and
sending home useful information and valuable specimens
from abroad.

The venerable gentleman from Massachusetts[Mr. Adams]
who has labored in this good cause with more zeal and per-
severance than any other man, expressed, in his reply, the
opinion, that no part of the fund should be devoted “ to the
endowment of any school, college, university, or ecclesias-
tical establishment: and he proposed to employ seven
years’ income of the fund in the establishment of an obser-
vatory, with instruments and a small library. This pro-
posal was afterwards, at no less than four different sessions,
incorporated in a bill; but failed on these occasions, among
the unfinished business. I believe I am authorized in say-
ing for the gentleman from Massachusetts, that inasmuch
as these, his intentions, have been since otherwise carried
out, and as we have already, in this District, a Government
observatory, at least equal in everything but the experience
of its observers to the Royal Observatory at Greenwich, he
has ceased to press that proposal.

Though the plan actually proposed by the gentleman from
Massachusetts was restricted, for some years, to an observa-
tory, he yet recognized, as in accordance with the language
of the bequest, “‘the improvement of all the arts and
sciences.” Ina report made in 1840, he adds:

‘¢ A botanical garden, a cabinet of natural history, a museum of miner-
alogy, conchology, or geology, a general accumulating library, are un-

doubtedly included within the comprehensive grasp of Mr. Smithson’s
design.’”’—H. R. Report No. 277, 26th Cong. 1st. Session, p. 18.

These various objects are all embraced in the bill which

372 CONGRESSIONAL PROCEEDINGS.

has been reported to the House. The gentleman also rec-
ommended, that the original fund (it is about $515,000) be
preserved unimpaired, and that yearly appropriations be
made from the accruing interest only, (which will amount,
on the first of July next, to about $242,000;) a feature
which has been incorporated, I believe, in every Smithso-
nian bill heretofore submitted to Congress. The restrictions
suggested by the gentleman from Massachusetts, have been
so far retained in the present bill as to exclude from the in-
stitution ‘‘ any school of law, medicine, or divinity, or any
professorship of ancient languages.”

At the last session, a bill was introduced into the other
branch by Senator Tappan. Its plan included an experi-
mental farm, botanical garden, and conservatories; cabinets
of natural history, a chemical laboratory, a library with an
annual appropriation not exceeding five thousand dollars,
scientific lectureships, and an establishment for printing
scientific tracts and other useful treatises. All instruction
to be gratuitous.

This bill was subsequently so amended by the Senate, that
the lectures were restricted to a course or courses to be de-
livered during the session of Congress, at an expense not
exceeding five thousand dollars annually; and the printing,
to a publication of these lectures; while the annual appro-
priation for a library was to be “ not less than twenty thou-
sand dollars.”

The experimental farm, botanical garden, and conserva-
tories, as well as the museum, laboratory, and scientific
cabinets, were nominally retained: but how these were to
be supported, considering that at least two-thirds of the en-
tire income was annually to be spent on the library, does
not very clearly appear.

This library plan, as it was commonly called, passed the
Senate and reached our House. An amendment or sub-
stitute, nearly similar to the present bill, was substituted by
myself and printed; but, in the hurry of a short session,
the whole matter was left once more among the unfinished
business.

As this Senate bill is the only one, establishing a Smith-
sonian Institution, that has yet passed either branch of
Congress, its principal feature demands our deliberate and
respectful consideration.

The library contemplated by this bill, it was expressly
provided, was to be “ of the largest class of libraries now
in the world.” We shall better understand both the object
and the cost of this proposal, by taking as a commentary

a

~

TWENTY-NINTH CONGRESS, 1845-47. 373

thereon some of the remarks with which it was introduced
by its author, then a distinguished member of the other
branch, but no longer there to adorn its debates with the
gay flowers of his brilliant eloquence.

He objected to limiting the cost of the library building to
one hundred thousand dollars; seeing, as he reminded the
Senate, that the “largest class” of public libraries contain
from a quarter of a million to upwards of a half a million
of volumes. He said:

‘“« Pwenty thousand dollars a year for twenty-five years are five hundred
thousand dollars; and five hundred thousand dollars directly expended, not
by a bibliomaniac, but by a man of sense and reading, thoroughly instruc-

ted in bibliography, would go far, very far, towards the purchase of as good @
library as Europe can boast.’”’—Speech of Senator Choate, January 8, 1845.

He adds, a little further on, that “‘ such a step taken, we
should never leave the work unfinished;” and that when
finished, it would “ rival anything civilization has ever had
to show.”

He argues of the value and importance of such a library
after this wise:

“‘T do not know, that of all the printed books in the world, we have in
this country, more than fifty thousand different works. The consequence
has been felt and lamented by all our authors and all our scholars. It has
been often said that Gibbon’s History could not have been written here for
want of books. I suppose that Hallam’s Middle Ages, and his Introduc-
tion to the Literature of Europe, could not. Irving’s Columbus was writ-
ten in Spain; Wheaton’s Northmen prepared to be written in Copenhagen.
See how this inadequate supply operates. An American mind kindles with
a subject; if enters on an investigation with a spirit and ability worthy of
the most splendid achievement; goes a little way, finds that a dozen books
—one book, perhaps—is indispensable, which cannot be found this side Got-
tingen or Oxford ; it tires of the pursuit, or abandons it altogether,” &.

And the Senator branches off, in his own brilliant style,
into a dissertation on the value and importance of sucha
library: ‘‘ a vast store-house,” says he; “a vast treasury of
all the facts which make up the history of man and of na-
ture ;” * * “asilent, yet wise and eloquent teacher; dead,
yet speaking; not dead! for Milton has told us: ‘a good
book is not absolutely a dead thing—the precious life-blood
rather, of a master spirit; a seasoned life of man, embalmed
and treasured up, on purpose to a life beyond life.’ ”’

If the question were between a library and no library ;
between books and no books; the language thus employed,
fervid as it is, would be all insufficient to shadow forth the
towering magnitude of the subject. John Faust—if indeed,
to the goldsmith of Mentz the world owe the art of type-
setting-—conferred on his race a greater boon than ever
before did living man. There is no comparison to be made

374 CONGRESSIONAL PROCEEDINGS.

between the effects of the art of printing and those of any
other discovery put forth by human wit. There is nothing
to which to liken it. It was a general gaol-delivery of the
thoughts of the world. It was a sending forth of these
winged messengers, hitherto bound down each in his own
narrow sphere, emancipated, over the earth. And that was
the great day, not of Intellect only, but of Freedom also.
Then was struck the heaviest blow against law giving for
the mind. The Strombolean Cave was opened; the long-
pent winds of opinion set free; and no edict-framing Atolus
could crib and confine them to their prison-house again.

Yes! well might Faust incur the charge of demonocracy !
for, almost to the letter, has his wondrous craft realized, in
our day, the fables of eastern romance. Draw a chair be-
tore your library, and you have obtained the magical carpet
of the Arabian tale; you are transported, at a wish, farther
than to Africa’s deserts or India’s groves; not to other
climes only, but to other times also. The speaking page
introduces you, not to your cotemporaries alone, but to
your ancestors, through centuries past. The best and the
wisest of former generations are summoned to your pres-
ence. Inbooksexists the by-goneworld. By bookswe come
into contact with the mankind of former ages. By books we
travel among ancient nations, visit tribes long since extinct,
and are made familiar with manners, that have yielded,
centuries ago, to the innovating influences of time. Con-
tracted, indeed, is his mental horizon, limited his:sphere of
comparison, whose fancy has never lived among the sages
and heroes of the olden time, to listen to their teachings,
and to learn from their achievements.

As far as the farthest, then, will I go, in his estimate of
the blessings which the art of printing has conferred upon
man. But such reasoning bears not on the proposal em-
braced in the Senate bill. It substantiates not at all the
propriety of spending half a million, or two, or three half
millions of dollars, to rival the bibliomaniacs of Paris and
of Munich. i

A library of Congress we already have; a library of forty
or fifty thousand volumes; a library increasing at the rate
of one or two thousand volumes a year. The Smithsonian
bill before you permits, in addition, an expenditure not ex-
ceeding ten thousand dollars a year for this object. Say
that but half that sum is annually expended by the
managers; and still, in some twelve or fifteen years, the two
libraries will probably number from eighty to a hundred
thousand volumes. Are there a hundred thousand volumes

TWENTY-NINTH CONGRESS, 1845-47. 875

in the world worth reading? I doubt it much. Are there
four thousand volumes published yearly worth buying? I
do not believe there are. A small garner suffices to store
the wheat; it is the chaff that is bulky and fills up the store-
house. Books are like wealth. An income we must have
to live; a certain amount of income to live in comfort.
Beyond a certain income the power of wealth to purchase
comfort, or even wholesome luxury, ceases altogether. How
much more of true comfort is there in a fortune of a million
of dollars than in one of fifty, or saya hundred thousand? If
more there be, the excess is hardly appreciable ; the burden
and cares of a millionaire outweigh it tenfold. And so
also, of these vast and bloated book-gatherings, that sleep
in dust and cobwebs on the library shelves of European
monarchies. Up to a judicious selection of thirty, fifty, a
hundred thousand volumes, if you will, how vast—yea, how
priceless—is the intellectual wealth! From one to five
hundred thousand, what do we gain? Nothing? That
would not be true; a goblet emptied into the Pacific adds
to the mass of its waters. But if, within these limits, we
set down one book out of a hundred as worth the money it
costs, we are assuredly making too liberal an estimate.

I pray you, sir, not to stretch these strictures beyond their
precise application. [Iam not one of those who judge slight-
ingly the learning of the past. We find shining forth from
the dark mass of ancient literature, gems of rare beauty and
value; unequalled, even to-day, in purity and truth. But,
then, also, what clouds of idle verbiage! What loads of
ostentatious technicalities! Itis but of late years that even
the disciple of science has deigned to simplify and translate ;
formerly his great object seems to have been to obscure and
mystify. The satirist, in sketching an individual variety,
has aptly described the species, when he says:

‘““The wise men of Egypt were as secret as dummies,
And even when they most condescended to teach,

They packed up their meaning, as they did their mummies,
In so many wrappers, ’twas out of one’s reach.”’

But there are such noble enterprises as those of Gibbon
and Hallam; valuable to all; doubly valuable to the moralist
and statesman. And in regard to such it is argued that if one
of our own scholars, fired with generous ambition to rival the
historians of the Old World, enters on such a task, he may
find that a dozen, or perhaps a single book, necessary for ref-
erence, ‘ cannot be found this side of Gottingen or Oxford.”
Suppose he does, what is the remedy? A very simple one
suggests itself: that he should order, through an importer

3876 CONGRESSIONAL PROCEEDINGS.

of foreign books, the particular work which he lacks. To
save him the trouble and expense of so doing, the friends
of the mammoth library scheme propose—what? That we
should begin by expending half a million of dollars, which
would “ go far towards the purchase of as good a library as
Europe can boast;” that ‘“‘ such a step taken, we should
never leave the work unfinished ;” and that, when finished,
it would “rival anything civilization has ever had to
show.”

It is prudent, before we enter this rivalship, to count its
cost. Without seeking to reach the seven hundred thousand
volumes of the Parisan library, let us suppose we try for
the half million of volumes that form the boast of Munich,
or fill up the shelves of the Bodleian. Our librarian informs
me that the present Congressional library (certainly not one
of the most expensive) has cost upwards of three dollars a
volume; its binding alone has averaged over a dollar a vol-
ume. The same works could be purchased now, it is true,
much more cheaply; but, on the other hand, the rare old
books and curious manuscripts necessary to complete a
library of the largest class would raise the average. Assum-
ing, then, the above rate, a rival of the Munich library
would cost us a million and a half of dollars; its binding alone
would amount to a sum equal to the entire Smithsonian
fund, as originally remitted to us from England.

And thus, not only the entire legacy which we have
promised to expend so that it shall increase and diffuse
knowledge among men, is to be squandered in this idle and
bootless rivalry, but thousands on thousands must be added
to finish the work from what source to be derived, let its
advocates inform us. And when we have spent thrice the
amount of Smithson’s original bequest on the project, we
shall have the satisfaction of believing that we may possi-
bly have saved to some worthy scholar a hundred, or per-
chance a few hundred dollars, which otherwise he must
have spent to obtain from Europe half a dozen valuable
works of reference !

But there are other reasons urged for this appropriation
of the Smithsonian fund.

‘There is something to point to, if you should be asked to account for it
unexpectedly ; and something to point to if a traveler should taunt you
with the collections which he has seen abroad, and which gild and recom-
mend the absolutisms of Vienna or St. Petersburg.’’—Senator Choate’s
Speech, as above.

This purchasing of a reply to some silly traveler’s idle
taunts, at a cost of a million and a half of dollars, includ-

a

;

TWENTY-NINTH CONGRESS, 1845-47. 377

ing a fund sacredly pledged to human improvement, seems
to me a somewhat costly and unscrupulous mode of gratify-
ing national vanity. It is ineffectual, too; unless we are
prepared to add a few millions more, to buy up—if money
could buy!—the means of reply to other taunts, quite as
just and quite as likely to be cast up tous. There is the
Vatican, with its

‘Statues but known from shapes of the earth,
By being too lovely for mortal birth.’’

There is the Florence Gallery, with its

‘ Paintings, whose colors of life were caught
From the fairy tints in the rainbow wrought—”’

images of beauty, living conceptions of grandeur, refining,
cultivating, elevating; worth all the musty manuscripts of
Oxford, ten times told! How are we to escape the imputa-
tion that our rude land can show no such triumphs of art
as these? Are we to follow Bonaparte’s plan? Are we to
carry war into the land of the olive and the vine; and
enrich this city, as the French Emperor did his capital, with
the artistical spoils of the world? Unless we adopt some
such plan, must not Hurope’s taunts remain unanswered
still ?

And let them so remain! I share not the feelings of the
learned and eloquent Senator to whose remarks I have
taken liberty to reply, when he says:

‘‘T confess to a pang of envy and grief, that there should be one drop or
one morsel more of the bread or water of intellectual life tasted by the

European than by the American mind. Why should not the soul of this
country eat as good food, and as much of it, as the soul of Europe.”’

It grieves me not, that the fantastic taste of some epicure
in learning may chance to find, on the book-shelves of
Paris, some literary morsel of choice and ancient flavor,
such as our own metropolis supplies not. I feel no envy, if
we republicans are outdone by luxurious Europe in some
high-seasoned delicacy of the pampered soul. Hnough
have we to console ourselves!—objects of national ambi-
tion, how much higher, how infinitely nobler than these !—
objects of national pride, before which these petty antiqua-
rian triumphs dwarf down into utter insignificancy! Look
abroad over our far-spreading land, then glance across to
the monarchies of the Old World, and say if I speak not
truth!

I have sojourned among the laborers of England; I have
visited, amid their vineyards, the peasantry of France; |
have dwelt for years in the midst of the hardy mountain-

378 CONGRESSIONAL PROCEEDINGS.

eers of Switzerland. I have seen, and conversed, and sat
down in their cottages with them all. J have found often
among them simple goodness; ignorance, oppression, can-
not trample out that. I have witnessed patience under
hopeless toil, resignation beneath grievous wrongs; I have
met with civility, kindness, a cheerful smile, and a ready
welcome. But the spirit of the man was not there !—the
spirit that can lift up its brow with a noble confidence, and
feel that, while it is no man’s master, neither is it any man’s
slave. Between them and the favored of capricious for-
tune, one felt—they felt—there was a great gulf fixed, broad,
impassable.

Far other is it even in the lowliest cabin of our frontier
West. It is an equal you meet there; an equal in political
rights; one to whom honors and office, even the highest,
are as open as to yourself. You feel that it is an equal.
The tone in which hospitality is tendered to you, humble
though means and forms may be, reminds you of it. The
conversation, running over the great subjects of the day,
branching off, perhaps, to questions of constitutional right,
or international law, assures you of it.

I have heard in many a backwoods cabin, lighted but by
the blazing log heap, arguments on government, views of
national policy, judgments of men and things, that, for
sound sense and practical wisdom, would not disgrace any
legislative body upon earth.

And shall we grudge to Europe her antiquarian lore, her
cumbrous folios, her illuminated manuscripts, the chaff of
learned dullness that cumbers her old library shelves? A
““nang of envy and grief” shall we feel? Out upon it!
Men have we; a people; a free people; self-respecting,
self-coverning; that which gold cannot buy; that which
kings cannot make! Grief! Envy! Theirs let it be, who
look upon this young land, in her freshness, in her strength!
Let them feel it who behold, from afar, our people bravely
battling their onward way; treading, with liberty at their
side, the path of progressive improvement; each step up-
ward and onward; onward to the great goal of public vir-
tue and social equality.

Equality! I spoke of our citizens as equals; equals in
the sense of the Declaration of Independence; equals in
political privilege; in the legal right to the pursuit of hap-
piness. Equals, in a restricted sense of the term, men
never can be. The power of intellect will command, while
the world endures; the influence of cultivation will be felt,
while men continue to live upon earth; and felt the more,

TWENTY-NINTH CONGRESS, 1845-47. 379

the longer the world improves, the better men become.
Unequal then, in their influence over their fellows; une-
qual, in the space they fill in the world’s thoughts ; unequal,
in the power with which they draw after them the hearts
of many—thus unequal, to some extent, men must ever be.

But here arises a great question; a practical question ;
an inquiry especially pertinent to the subject before us.
The natural inequality of man is a thousand times increased
by artificial influence throughout society. Is that well?

or if not well, can it be avoided? Or if not avoided, can it

be lessened? I feel assured that it can be much lessened.
I am not sanguine enough to believe that I—perhaps not
my children, even—shall see the day, when equality of ed-
ucation shall prevail, even in this republican land. But I
hold it to be a republican obligation to do all that we prop-
erly and constitutionally may, in order gradually to reach,
or at least to approach, that period. I hold it to be a dem-
ocratie duty to elevate, to the utmost of our ability, the
character of our CoMMON scHOooL INSTRUCTION. I hold this
to be a far higher and holier duty than to give additional
depth to learned studies, or supply curious authorities to
antiquarian research.

Guided by such considerations, I incorporated in the bill
before you, as one of its principal features, a NORMAL
BRANCH. This, and the clause providing for original re-
searches in natural science, are the only important additions
that have been made in it to Senator Tappan’s bill of last
session.

Normal schools—that is, schools to teach teachers, to
instruct in the science of instruction—are an improvement
of comparatively modern date. The first ever attempted
seems to have been in Prussia, established about the year
1704, by Franke, the celebrated founder of the Orphan
House of Halle. They have gradually increased in num-
ber and favor from that day to this, in all the more civilized
nations of Europe; and Mrs. Austin, in her preface to
Cousin’s “ Public Instruction in Prussia,” remarks, that
the progress of primary instruction in Europe may be meas-
ured by the provision made for the education of teachers.

A detailed account of the Normal Schools of Europe is
given in the ninth chapter of Professor Bache’s ‘ Report
on Education in Europe,’ made to the Trustees of the
Girard College. Mr. Bache visited Europe under instruc-
tions from the committee of the institution; and his excel-
lent report, full of practical details and accurate statistics,
is a redeeming point in the management of that trust.

880 CONGRESSIONAL PROCEEDINGS.

Two States only of our Union have yet established State
normal schools: Massachusetts and New York. Massa-
chusetts has three, educating in all about two hundred
pupils; and New York has one, containing about the same
number of students; the sole object of both being, to edu-
cate teachers of common schools. The experiment has been
signally successful. The report for 1844 of the Massachu-
setts Board of Education, says of one of their schools, (that
at Lexington):

‘Such is the reputation of this school, that applications have been made
to it from seven of our sister States for teachers.’’

And Mr. Horace Mann, Secretary of the Massachusetts
Board of Education, writes to me:

‘‘ When first opened in Massachusetts normal schools were an experi-
ment in this country. Like all new ideas, they have had to encounter
serious obstacles; but they have triumphed over every species of opposition,
have commended themselves more and more every year, to the good sense
of our people, and we now have the pleasure, not only of seeing them
firmly established here, but of knowing that their success has given birth
to a similar institution in the State of New York,and promises ere long to
do the same in other States.”

The normal branch of the Smithsonian Institution is in-
tended not by any means to take the place of State normal
schools, but only in aid of them; as an institution in the
same department, supplemental to these, as they may
gradually increase throughout the Union, but of a higher
grade, and prepared to carry forward young persons who
may have passed through the courses given in the former,
or others who desire to perfect themselves in the most use-
ful of all modern sciences, the humble yet world-subduing
science of primary education; an institution, also, in which
the improvement and perfecting of that republican science
shall be a peculiar object; an institution, finally, where we
may hope to find trained, competent, and enlightened teach-
ers for these State normal schools.

As an essential portion of this normal department, pro-
fessorships of the more useful arts and sciences are to be pro-
vided for. The character of common school education,
especially in the northern Atlantic States,is gradually chang-
ing. Twenty years ago, De Witt Clinton, in his annual
message, expressed the opinion that in our common schools
“‘the outlines of geography, algebra, mineralogy, agricul-
tural chemistry, mechanical philosophy, astronomy, &c.,
might be communicated by able preceptors, without essen-
tial interference with the calls of domestié industry.” This
opinion is daily gaining strength, and has been partially

TWENTY-NINTH CONGRESS, 1845-47. 381

acted upon in several of the New England States. In the
city of New York, also, a small advance towards it has been
already made. Recently the board of trustees of the pub-
lic schools in that city, adopted among other resolutions, the
following :

‘* Resolved, That a portion of time not exceeding one hour a week be ap-

priated to employments incident to elementary instruction in subjects of
natural science,”’

In accordance with these gradually enlarging views, the
course of study of the New York State normal schools, as
I learn by the printed circular which I hold in my hand, em-
braces natural philosophy, chemistry, human physiology,
history, the elements of astronomy, &c., in addition to the
special lectures on the theory and practice of teaching.
These various advances, thus sanctioned by public opinion,
indicate that a normal department in the Smithsonian In-
stitution, to be worthy of the age, must include scientific
courses by some of the ablest men of the day.

It is also, by the bill, specially made a part of the duty of
these men to institute scientific researches. In these, as we
have seen, Smithson spent the greater part of his life. And
it cannot be doubted that, were he yet alive and here to-day
to explain his wishes, original researches in the exact sciences
would be declared by him a part of his plan. With the
knowledge of his life and favorite pursuits before us, and
the words of his will specifying the increase as well as the
diffusion of knowledge for our guide, it seems nothing less
than an imperative duty to include scientific research among
the objects of a Smithsonian Institution.

I said an imperative duty. Such is the nature of our
obligation to fulfil whatever we may fairly infer to have
been Smithson’s intentions. This money is not ours; if it
were, we might take counsel from our own wishes and fan-
cies, in its appropriation. But it is merely intrusted to us,
and for a specific purpose. Mr. Adams, in his report made
in 1840, well says:

‘In the commission of every trust there is an implied tribute of the soul
to the integrity and intelligence of the trustee; and there is also an implied
call for the faithful exercise of these properties to the fulfilment of the pur-
pose of the trust. The tribute and the call acquire additional force and
energy when the trust is committed for performance after the decease of

him by whem it is granted, when he no longer exists to witness or to con-
strain the effective fulfilment of his design.”

And these considerations seem to me, also, conclusive
against the great library plan. In the first place, Smithson’s
own pursuits were scientific, not antiquarian. In the sec-

882 CONGRESSIONAL PROCEEDINGS.

ond, had he desired merely to found a library, it is reason-
able to suppose he would have said so.

The bill, as reported to the House, has been framed in
that spirit of compromise so necessary in this world of a
thousand opinions. The importance of the chief objects at
which it aims will be conceded by all—the advancement of
agriculture, the improvement of primary education, and the
prosecution of scientific research. And if even, in its prac-
tical effects, the plan fall short of the anticipations of its
friends, suffer me to ask you, what is the alternative in the
Senate bill of last year, the only one that has yet found
favor enough to succeed in either branch? Beyond the
library scheme and the professorship of agriculture, (a feature
equally in that bill and this,) what is proposed? Public
lectures, to be delivered in this city “during the sessions
of Congress.” Who is to profit by these lectures? Let
the author of the plan answer:

‘““Who would their audiences be? Members of Congress, with their
families; members of the Government, with theirs, some inhabitants of
the city, some few strangers, who occasionally honor us with visits of curi-
osity or business. They would be public men, of mature years and minds;
educated, disciplined, to some degree; of liberal curiosity, and apprecia-
nee of generous and various knowledge.’’—Speech of Scnator Choate as
aoove.

Here is a plan for gratuitous lectures to be delivered to
members of Congress and of the Government, with their
families; to some citizens of Washington, and a few pass-
ing strangers; to men—so it is expressed—educated, dis-
ciplined; already capable of “‘ appreciating generous and
various knowledge.”” And this, as the mode the most
effectual, the most comprehensive, the most just and equal,
to increase and diffuse knowledge among men! We are to
pass by all plans that may reach and benefit the people, by
improving their education and elevating the character of
their teachers; all proposals, even, to scatter broadcast
among them useful tracts, popular treatises; all projects,
in short, to distribute among them the bread and water of
intellectual life wherever these are craved; and we are to
adopt, in their stead, a course of lectures expressly restricted
to the sessions of Congress, expressly prepared for ourselves
and for a few Government officers and strangers; a course
of lectures to be especially adapted to an audience already
favored by fortune and education—already, as we are com-
placently told, of mature minds and above all need of
elementary instruction !

Sir, over the entire land must the rills from this sacred
fountain freely flow ; not to be arrested and walled up here,

|

TWENTY-NINTH CONGRESS, 1845-47. 383

to minister to our pleasure or convenience. We greatly
mistake, if we imagine that our constituents are indifferent
to the privilege of drawing from these waters of knowledge ;
that they cannot appreciate their fertilizing influence. If
there be one feeling more powerful than another in the

‘hearts of the millions of this land, even through its remotest

forests, it is that the intellectual cultivation which circum-
stances may have denied them shall be secured to their
children. They value, sometimes even beyond their worth,
the literary advantages, by aid of which the few commonly
distance their competitors in the paths of emolument and
honor. Ay, and beyond this, they feel—do we not all feel ?
—that we are not in temper, in habits, in feelings, or in in-
telligence, what we ought to be, or what we might have
been; that our nature was better than our education. They
feel—has not the most careless among us felt it too ?—that
there are springs of virtue within us that have seldom been
touched; generous aspirings that have scarcely been called
into action; capabilities of improvement that have hardly
been awakened ; capabilities of enjoyment that have been
turned to fountains of bitterness. If we might now re-
educate ourselves even from the cradle upwards, developing
each mental power and moral faculty, checking the rising
vice and cultivating the nascent virtue; bending the plant
habit to reason, and mastering the evil passions at its birth
—how gladly would we grasp at the offer! how dearly value
the privilege! And what selfishness would do for itself,
think you not that parental affection desires for its offspring?
Yes, vice itself desires it! Stronger than the thirst after
riches ; deeper than the craving for power, springing from
the best and most enduring of human instincts, is the par-
ent’s longing for the welfare of his child! Criminal he
may be; ignorant he may be; reckless even of his own
character, hopeless of a reputable standing for himself; but
his children! if brutish excesses have not utterly quenched
the principle of good within him—for them there is still a
redeeming virtue in his soul; astriving after better things;
a hope that they may escape the vices which have degraded
him; that they may emerge from the ignorance in which
he is benighted, if not to wealth and honor, at least to fair
fame and honest reputation—a credit to his blighted name,
and a comfort to his declining years.

Such are the sentiments that spring up to meet us from
among the people; shared by the bad as well as the good ;
universal in their prevalence. And it is to such sentiments,
the best earnest of progressive improvement in man, that

384 CONGRESSIONAL PROCEEDINGS.

the provisions of this bill ought, so far as the amount of
the legacy and the terms of the will permit, to respond.

Such views are in accordance with the spirit of the age,
and the wants of the times. It is not a world all of flowers
and sunshine, this we live in. It is a world, where thou-
sands are starving; where tens of thousands toil to live—
live, only to die! It is a world, where cruel suffering
exists, where shameful crimes are committed, where terrible
oppression is endured, where dark ignorance is found. It
has scenes of wrong, and outrage, and guilt, and woe.
They rise before us. They thrust themselves on our atten-
tion. Not to gild, not to embellish; a graver, a sadder
duty is his, who would aid in such a world’s improvement.

To effect permanent good in such a world, we must reach
the minds and the hearts of the masses; we must diffuse
knowledge among men; we must not deal it out to scholars
and students alone, but even to Tom, Dick, and Harry;
and then, as a wise and witty female writer of the day ex-
pressed it, ‘they will become Mr. Thomas, and Mr. Rich-
ard, and Mr. Henry.” They may not become profound
scholars, erudite graduates ;—nor is that necessary. Well
to know common things isthe essential. It is not elaborate
learning that most improves the world, or that exerts most
influence in its government. Working-day knowledge is
simple, almost in the ratio of its importance; and Milton
has told us,

‘That not to know at large of things remote
From use, obscure and subtle, but to know

That which before us lies, in daily life,
Is the prime wisdom.”’

The ancient masters realized not these truths. With the
millions they had no sympathy. In private, and to the ini-
tiated few alone, did they deign to unroll the mystical page
of their philosophy; they scorned to expose it to the gaze
of the profane vulgar.

Thanks to the stirring spirit of progressive improvement,
all this, in our age, is changed. By modern teachers the
PEOPLE are spoken of, spoken to, cared for, instructed. To
the people the characteristic literature of the day is ad-
dressed. What .has become of the ponderous folio, in
which the learning of the Middle Ages used to issue, to a
small and exclusive circle, its solemn manifesto? Now we
have the slender pamphlet, the popular tract, the cheap
periodical, cast forth even to the limits of civilization, pen-
etrating into every nook and corner of the land; often
light, often worthless, but often, too, instructive, effective ;

TWENTY-NINTH CONGRESS, 1845-47. 385

written for the masses, reaching the masses; and awaking,
far and wide, a consciousness of deficiency, a spirit of in-
quiry, a desire to know more.

The people govern in America. Ere long, the people
will govern throughout the habitable earth. And they are
coming into power in an age when questions of mighty
import rise up for their decision. They who govern should
be wise. They who govern should be educated. They
who decide mighty questions should be enlightened. Then,
as we value wise government, as we would have the desti-
nies of our kind shaped by an enlightened tribunal, let the
schools of the people, and the teachers who preside in these
schools, and the system that prevails in these schools, be
our peculiar care.

We cannot reform the world, no, nor provide instruction
for a great nation, by any direction given to half a million
of dollars. But something, even in such a cause, may be
effected by it—something, I devoutly believe, that shall be
felt all over our broad land. The essential is, that, if little
we can do, that little be well done—be done faithfully, in
the spirit of the trust, in the spirit of the age—in a spirit
not restrictive, not exclusive, but diffusive, universal.

Mr. Jones modified his motion as follows:

Strike out all the bill after the word ‘‘be” in the sixth
line of the first section, and insert—

‘‘ Paid by the Secretary of the Treasury to the heirs-at-law or next of
kin of the said James Smithson, or their authorized agents, whenever they
shall demand the same: Provided, That the Secretary of the Treasury
shall, in paying over said money as herein directed, deliver to said heirs all
State bonds or other stocks of every kind which have been purchased with
said money, or any part thereof, in lieu of so much of said money as shall
have been so invested in State bonds or other stocks. And the balance of

said sum of money, if any, not so invested, shall be paid out of any money
in the Treasury not otherwise appropriated.”

Mr. G. W. Jonzs said it was not his purpose to make a
speech on this occasion; but believing, as he did, that this
whole matter was wrong; that this Government, in the
first instance, had no right and no power to accept of this
trust fund, he was in favor of returning the amount of the
money or of the stocks in which that money has been in-
vested, to the heirs-at-law or next of kin of the late Mr.
Smithson, whenever they shall make the demand of the
Government. He admitted the right of the Government
“to borrow money” under the constitution, but denied
that it had any particle of power to deal in stocks or to
loan money. We had no power either to receive this
money in the first instance, or to invest it in State stocks

25

386 CONGRESSIONAL PROCEEDINGS.

and fund it, as this bill proposed to do, in perpetuity upon
the Government. He wanted to create no such debt upon
this Government. He was satisfied that his constituents
desired no such debt funded—no such burden imposed upon
them.

But waiving the objection of the want of power on the
part of the Government, he was still opposed to the estab-
lishment of an institution like that proposed in the bill
under the direction and patronage of the Government of
the United States. He would be the last man on this floor
to say or do anything on this floor or elsewhere to obstruct
the enlightenment and education of the people; he was as
thoroughly satisfied of the benefits of education as any-
body, but he could not sanction the establishment of such
an institution under the direction of the Government of
the United States. Where might it end? What might
such an institution come to be in the course of events?
This $518,000 was to be funded at six per cent. interest for-
ever. Was there a friend of this measure; was there one
who had reflected for a moment on the proposition, who
believed that when once established they would stop at the
appropriation of this six per cent. interest annually for its
support? It was, in his opinion, nothing more than the
entering wedge to fastening upon the United States an
institution the expenses and appropriations for which would
be augmented at almost every session of Congress.

It was neither the right, the power, or the true policy of
the Government to attempt to rear up here in the city of
Washington an institution for the education of school
teachers, of agricultural professors, &c., to send out into the
country. There was too great a tendency to centralization
in this Government already, in his opinion. The legitimate
and appropriate sphere of this Government was to take
care of our concerns with foreign Powers, leaving our do-
mestic laws and regulations to be made by the State Legis-
latures. Every measure of this kind had the tendency to
make the people throughout the country look more to this
great central power than to the State Governments.

He had not risen for the purpose of making a speech,
but of submitting a few remarks in explanation of his
amendment.

Mr. Sawyer (Mr. J. giving way) said the gentleman’s
proposition, if he understood it aright, was to refund this
money to the heirs of Smithson. Now he was well informed
that Mr. Smithson had no heirs whatever. And if such

TWENTY-NINTH CONGRESS, 1845-47. 387

was the fact, he wished to ask of the gentleman how his
amendment could be made operative ?

Mr. Jones replied that certainly, if he never had heirs, it
would be difficult to find them. But he understood that,
though he had no children, he had a brother, who was once
in this country; and his amendment proposed to refund
this money to the heirs or next of kin of James Smithson.

In conclusion, he remarked that, if his proposition failed,
and this Smithsonian Institution was to be established, he
should then be in favor of handing over the State stocks,
which were purchased by this money, to the managers of
the Institution, and of letting them conduct it independently
of the Government. And, voting for this proposition, all
that related to the establishment of a body politic and cor-
porate, he should also wish to have stricken out, for he
would vote for the establishment of no corporation by this
Government.

Mr. J. R. InceRsott expressed his favor for the general
features of the bill, but before entering upon the direct ques-
tion, he directed a few remarks to the amendment of Mr.
Jones, which he considered entirely futile, as far as any idea
of refunding the money to heirs was concerned, inasmuch
as it was ascertained beyond doubt that Mr. Smithson had
no heirs or next of kin. He had had one son, who died
during his minority; and thereupon this Government, as
the residuary legatee, came in possession of the property in
legal form from the attorneys in chancery of the executors
of Mr. Smithson, at London. This amendment, if carried
out into a law, therefore, would result in working a for-
feiture of the funds to the British Government. But Mr.
Ingersoll contended, thatas we had received it by solemn
act of Congress, and retained it for eight long years, it was
now binding, on the ground of faith, honor, and duty, to
appropriate it in the manner designed by the testator him-
self; and the fact that this fund had been invested by the
Treasurer of the United States, under direction of Congress,
in Arkansas stocks, did not affect this question in any respect;
the Government of the United States being always responsi-
ble for the restoration of this fund, and the devotion of it to
the proper objects. The fund was sacred in the treasury of
the United States at this moment, and they were pledged,
every one of them, to redeem it.

And the true question now presented was, what were the
intentions of the donor?

Mr. IncERsoLL here—in reference to an allusion by Mr.
Owen to the Girard fund—went into an explanation, at some

388 CONGRESSIONAL PROCEEDINGS.

length, of the circumstances and restrictions of that legacy,
the manner in which it had been expended, &c., stating that
the reason why the school had not ere this, partially at least,
gone into operation, was an unfortunate proviso placed by
Mr. Girard in his will, that none of the orphans intended
to be benefited should be received and educated, until the
entire five buildings were fully completed according to the
plan prescribed by him. Upon this point Mr. I yielded to
Mr. Owen for explanation.

Recurring to the position that the fact that this fund
might have been invested by the act of the Government
itself in Arkansas stocks principally, and to a small extent
in the stocks of Ohio, Illinois, and Michigan, in no manner
diminished its accountability for the amount of its obliga-
tion to appropriate in accordance with the intention of Mr.
Smithson.

Mr. Vinton interposed, and said, if any portion of it was
invested in Ohio bonds, of which he was not before aware,
the interest on them would be regularly paid.

Mr. YELL also (speaking for Arkansas) said we are ready
to settle at any time.

Mr. Inazrsouu. I have no doubt of it.

Mr. YELL, (in reply to another remark of Mr. INGERSOLL,
not heard by the reporter.) Whenever we can bring the
Treasury of the United States to a settlement, then we will
talk about it.

Mr. INGERSOLL (resuming) said he concurred in the gen-
eral views of Mr. Owen, especially as at the conclusion of
the bill there was a section authorizing Congress to make
such changes as from time to time it might deem expedient.

There was one object which he thought the gentleman
had overlooked. He had properly provided against the
error of the Girard will, by providing that this institution
should go into operation on the 1st September next after
the passage of the law, as it could go into operation for
many of its purposes immediately. But instead of waiting
the slow process of gathering materials of instruction, he
intended, by an amendment at the proper place, to pro-
pose that the results of the exploring expedition, and the
articles of the National Institute, many of which were now
being injured for want of a proper place of deposit, and
both which were the property of the Government, should
be placed in the Smithsonian Institution, until there should
be Se for them articles collected by that institution
itself.

He agreed with Mr. OwrEn that a great library, such as

TWENTY-NINTH CONGRESS, 1845-47. 389

was provided for in the bill which passed the Senate two
years ago was not desirable; and said that the necessary
buildings to contain the greatest library in the world would,
in its own erection, exhaust the entire sum. This Capitol
itself would not be sufficient to contain eight hundred
thousand volumes, which would be the largest library in the
world, so properly arranged as to be accessible. <A library
was not the object of Mr. Smithson; but that it should
cover general ground, in which all objects of science (if
possible) should be included, and among’ the rest, he agreed
with the bill in the propriety of appropriating a part of the
annual fund to the preparation of instructors, to be sent out
throughout the whole country. He would also appropriate
a part of the fund to the defraying the expenses of the
delivery of annual lectures by our most distinguished men,
at different points throughout the country for scientific in-
struction.

Mr. Ingersoli gave some other general views, approving
decidedly the object of the institution, and warmly urging
the bounden duty of Congress to apply it according to the
intentions of Mr. Smithson, and to discharge the obliga-
tions imposed upon it by the acceptance of this trust.

Mr. G. W. Jones modified his amendment by inserting
after the words “next of kin,” the words “or residuary
legatee.”’ .

Mr. Stanton next addressed the committee, as follows:

Mr. Cuarrman: It has been a matter of very general
complaint, that there has been great delay in performing
the trust imposed upon this Government by its acceptance
of the Smithsonian bequest. Whether this complaint be
well or ill founded, all will agree that the time has now
arrived for decisive action, and that the honor and good
faith of the Government require a speedy application of the
fund to its destined purpose.

Very nearly eight years have elapsed since the magnifi-
cent sum of half a million of dollars, sanctified by the will
of James Smithson to the humane purpose “ of increasing
and diffusing knowledge among men,” has been received
into the Treasury of the United States.

But if this delay is to be regretted on some accounts, at
least one great advantage has accrued: the interest of the
fund has accumulated to such an amount that every neces-
sary building for the complete accommodation of a most
extensive institution may be immediately constructed with-
out any diminution of the original sum. That will remain
untouched, the fruitful source of perpetual supply and sup-

390 CONGRESSIONAL PROCEEDINGS.

port for the beneficent establishment which may be created
by the bill.

Besides, sir, during this long period of delay, many plans
have been suggested and discussed, some learned reports
have been made in this House and in the Senate, and the
public attention has been so engaged upon this interesting
subject, that we are now doubtless prepared to dispose of it
intelligently, and in a manner which will fully meet the
high and liberal purposes of Mr. Smithson. There is no
longer any justification for delay. Lverything is ready,
awaiting our action, and the wise and benevolent in all
quarters are anxiously expecting us to perform our solemn
duty in reference to this noble bequest.

But there is, at this peculiar juncture in our affairs, still
another consideration strongly appealing to the national
honor, and urging the immediate disposition of the fund,
according to the will of the donor. James Smithson was
an Englishman. Yet he passed by his own powerful and
splendid Government—one which has never failed or refused
to contribute liberally to the cause of science—and selected
our plainer and simpler institutions as the more appropriate
depository of the sacred trust to which he devoted the
whole of his large fortune. Our relations with England at
the present moment, are thought to be very critical. Ido
not anticipate war. I have little fear, that two enlightened
nations, whose interests are deeply involved in the mainten-
ance of peace, will, in the nineteenth century, rush into a
sanguinary and destructive war, even upon so grave a ques-
tion as that which now disturbs them. Yet, there are
many who look upon the present crisis with more serious
fears ; and all must acknowledge that war is possible—that
very slight mismanagement, on either side, might lead to
that disastrous end. Now, if war should take place, it
would be most dishonorable to our Government, that a
large fund, given by a benevolent foreigner to found an in-
stitution of the most peaceful and beneficent character,
should remain in the Treasury and be used to carry on war
against the very nation from whom the charitable gift was
received. I hope, sir, we shall avoid the possibility of such
humiliation, by adopting the measure before us without
delay. Should we fail to do so, and hostilities occur, the
omission will never cease to be the fruitful source and occa-
sion of those bitter attacks upon our honesty and the moral
tendency of our institutions, which have long filled the
pages of English periodicals, and the journals of English
travelers. Their denunciations, then, would have a much ©

TWENTY-NINTH CONGRESS, 1845-47. 391

better foundation than they usually have. We should be
somewhat at a loss to repel them. The ordinary charge of
faithlessness and repudiation of pecuniary liabilities would
be nothing in comparison ; this would be the gross violation
of a sacred trust, which no circumstance could palliate, no
emergency could justify.

J intend, Mr. Chairman, to support the bill in its present
form. ‘There is, doubtless, a wide field for the selection of
means to accomplish the great design unfolded in the com-
prehensive words of Mr. Smithson’s will. Any plan which
may be adopted for the attainment of this end, must neces-
sarily be the result of compromise; for it is not to be
expected that any two minds, acting separately, would
arrive at the same conclusion upon this important subject.
I understand this bill to have been thus framed by the com-
mittee which reported it. As a result of the conflicting
opinions of wise and experienced men, harmonized by com-
parison, discussion, and mutual concession, it is entitled to
very high respect. But I think its intrinsic merits will be
found to be its most imposing recommendation.

Before attempting to notice the provisions of the bill, I
will refer briefly to an objection, which, if valid, would be
paramount to all other considerations. It was with surprise
and regret, that I heard the objection of my colleague,
(Mr. Jones,) to this bill on the ground of unconstitution-
ality. Iwould have regretted opposition upon such grounds
from any quarter; but much more when it comes from my
own State. I would have preferred that Tennessee should
have occupied a different position.

My honorable colleague insists that the Government
ought not to have accepted the trust, and that the money
ought now to be restored. It is true the United States
were not bound to accept the trust. They might have re-
jected Mr. Smithson’s magnificent donation, and deprived
the American people of the rich blessings which may now
be conferred upon them by its wise and faithful use. But
better counsels prevailed; they did accept it by a law of
Congress ; and in so doing, they assumed a solemn obliga-
tion to apply the fund according to the will of the testator.
The faith of the Government is pledged—it is doubly
pledged—first, by receiving the money and retaining it
eight years, with an express agreement to apply it faith-
fully ; and, secondly, by the very nature of the sacred ob-
jects to which the trust is directed, so binding and obliga-
tory in their high demand upon the honor of the nation,

392 CONGRESSIONAL PROCEEDINGS.

that it would be sacrilege and barbarism to repudiate the
claim.

I do not propose to enter the field of constitutional dis-
cussion. That is a hackneyed subject, and I am sure the
occasion does not require that line of argument. Nothing,
sir, more clearly demonstrates the utter impracticability and
absurdity of those extreme opinions upon constitutional
questions, sometimes advocated here, than the opposition,
on such grounds, to the measure now before us. The com-
mon and general judgment of the people, the united and
almost universal concurrence of politicians of all classes,
unhesitatingly discard and condemn the narrow and illib-
eral sentiment. An institution of the greatest importance,
most beneficial to the people of this country, founded not
with funds exacted by taxation, but built upon the liber-
ality of a distinguished foreigner, who has so far sanctioned
our political structure as to confide to it the execution of a
sacred trust for the benefit of the human race—this institu-
tion, located within a territory over which Congress has
exclusive jurisdiction, surely cannot involve the exercise of a
power unauthorized by the Constitution, or in the slightest
degree dangerous to the integrity of our political princi-
ples. Mr. Smithson was not wrong in supposing this Gov-
ernment possessed the power to convey to its people a
gratuitous benefit of the first magnitude. His benevolent
design will not be frustrated by this imaginary impedi-
ment; for I do not dream that it can interpose even a
momentary obstacle to the passage of the bill.

It will not be denied that this large fund, properly applied,
may be made the instrument of much good. The benefit
will be enjoyed primarily and peculiarly, if not entirely, by
our own people. Its indirect influence, it is to be hoped,
will hereafter extend abroad; but it is chiefly here that its
benign effects are to be felt as long as the institution shall
exist. It ought, then, to be an object of great care, and of
peculiar interest to the Government. All necessary arrange-
ments should be liberally made, and with the wisest possi-
ble adaptation to the great end in view.

One of the preliminary provisions of the bill transfers
the whole fund to the Treasury, and requires the Govern-
ment to assume the perpetual payment of interest, at the
rate of six per cent. per annum. This is certainly a very
slight contribution, yet inconsiderable as this responsibility
may be on the part of the Government, and by no means .
to be named as a donation, or even as a favor, when it is
considered that the fund is a gift to the country, it is never-

TWENTY-NINTH CONGRESS, 1845-47. 393

theless a matter of the first importance to the institution
itself. It secures for it a permanent support, and places its
revenues beyond the power of any contingency. No one,
I presume, except my colleague, will object to this provi-
sion. By adopting it, the United States will evince a dis-
position to fulfill the high trust they have assumed in a
spirit of liberality and justice somewhat worthy of the
great object sought to be accomplished.

But while the Government will contribute in this small
way to the institution, it will receive a direct compensation
which far more than balances the sacrifice made. The bill
proposes to appropriate a portion of the public grounds in
this city for the buildings and gardens necessary for the
establishment. Handsome yet useful structures will be
erected, and the cultivation of the grounds will render
them beautiful and attractive, while they may still be acces-
sible to the harmless examination and enjoyment of the
public. All this will be done out of the Smithsonian fund;
and the expense which the government would otherwise
incur by carrying out the original plan of the city as designed
by Washington, will be avoided, while all its desirable ad-
vantages will be obtained. The benefit will be mutual to
the Government and to the institution.

So also in regard to the transfer of the specimens of
natural history, of minerals, and other scientific and curi-
ous objects now in possession of the Government, and kept
at the Patent Office. The exhibition and preservation of
these things are now the source of some expenditure.
When they shall be transferred, as proposed in this bill,
this expenditure will cease, or be removed from the public
Treasury, to the fund of the institution. They will be
equally subject to public examination, while they will be
made to answer a more useful end, as constituting the basis
of instruction for able and scientific professors.

My remarks, so far, Mr. Chairman, relate only to some
unimportant preliminary arrangements, not affecting the
general scope and design of the proposed institution. These
must now be examined; and I propose to do it with refer-
ence to the probable design of Mr. Smithson, to be inferred
from his own pursuits and character of mind—from his
selection of our Government to execute his will, and from
the language in which he has expressed his intentions.

I do not propose to enter upon any biographical sketch
of Mr. Smithson, or to go into a history of his philosophi-
cal labors. I will merely state what has been truly said by
the gentleman from Indiana, (Mr. Owen,) that he was

394 CONGRESSIONAL PROCEEDINGS.

ardently devoted to science, and that his pursuits were emi-
nently practical and utilitarian in their character. The
physical sciences, in their application to the useful arts—
mineralogy, geology, and chemistry, in its application to
agriculture, constituted his chief employments. His inves-
tigations are referred to and quoted with respect by the
great German chemist, Liebig.

It is more than probable that one whose mind was con-
stantly occupied with these subjects, and filled with the
visions of rich promise which must be realized in their
future investigations, when munificently endowing an insti-
tution for increasing and diffusing knowledge among men,
looked particularly to those sciences which will be most
fruitful in great results, and to which, on that account, he
himself was deeply devoted. It is precisely these sciences,
and these applications of them, which I understand this bill
to be designed and calculated to promote.

Nor was it strange, sir, that with such sentiments and
such designs, Mr. Smithson should have selected our Gov-
ernment as the instrument to accomplish his objects. Al-
though it must be acknowledged that this Government has
heretofore contributed little or nothing to the advancement
of science by any direct aid or encouragement—and al-
though the points at which it even comes in contact with
the scientific world are extremely few, and it is felt to be a
great desideratum that these connections should be in-
creased—yet Mr. Smithson had the penetration to discover
that the United States are the foremost people of the world
in the facility of adapting themselves to the progressive im-
provements of the age. No other people are now making
such rapid strides in the application of science to the great
purposes of human industry. This tendency, so very
marked at the present day, is doubtless the result of our
free institutions, giving untrammelled scope and powerful
motive to the energies of the individual man—no longer
making the citizen subservient to the power and glory of
the Government, but using the latter as a mere instrument
to protect the rights and promote the welfare, improvement,
and happiness of the former. The olden philosophers con-
sidered it a prostitution of the sacred character of science
to direct it, in any degree, to the material interests of man.
In modern times the sentiment is justly reversed ; and that
philosophy which does not contribute to the useful pursuits
of life, is considered of comparatively little value. In this
age, and in this country, the new application of philosophy
is exhibiting its most glorious results, and giving promise

TWENTY-NINTH CONGRESS, 1845-47. 395

in the future of still more wonderful improvements. Doubt-
less, it was this tendency of our institutions, and the effect
not obscurely marked out in the amazing energy and inven-
tive power of our people, which induced the wise and
benevolent Smithson to select this Government as the agent
for accomplishing his will. It is not difficult to discover
that this condition of the people, the result of our peculiar
political institutions, will reflect back its influence upon the
government, and infuse a portion of its energetic and en-
lightened spirit into all its departments. We have already
seen some such result. Some operations of an important
scientific character have of late been undertaken by the
direct application of the national power.

First in importance among these, has been the establish-
ment in this city of the Observatory, connected with the
hydrographical department of that nondescript fire-and-
water bureau of ordnance and hydrography. I believe this
interesting establishment has grown up gradually from the
very necessity of the case, and without any direct authority
looking immediately to such a result. And, in the estima-
tion of some, it seems still to be considered a very unim-
portant concern; for I have seen a bill lately reported in
the Senate, proposing to detach the establishment from the
bureau of ordnance, and connect it with that of yards
and docks, thus bringing the erection of ship-houses, foun-
dries, and work-shops, into juxtaposition and intimate rela-
tion with the most delicate and difficult observations of the
heavenly bodies, and the most intricate calculations of
astronomy. ‘This classification is probably founded upon
the similiarity supposed to exist between the wheels of a
steam engine and the rings of Saturn, or the bands of a
Jathe and the belts of Jupiter. The Naval Committee of
the House, however, have not had the penetration to see
these very recondite points of connection, and they have
proposed to erect a separate bureau of hydrography, placing
the astronomical and hydrographical operations of the Gov-
ernment upon the most permanent, useful, and independent
basis. If there be any branch of the public service worthy
of this advantage, it is that which is now so well and efii-
ciently conducted by Lieutenant M. FI’. Maury.

Heretofore, our astronomical knowledge has been chiefly
derived from foreign nations. We have used the English
nautical almanac, and our vessels have been guided upon
the broad ocean by observations and tables prepared by our
rivals and adversaries in all commercial enterprise. We
have contributed nothing whatever to this branch of science,

3896 CONGRESSIONAL PROCEEDINGS.

useful as it is, and directly connected with the great inter-

ests of commerce and navigation. For our most important ~

charts, also, we have been dependent upon other nations.
Until recently, if even now, we have had no establishment
at which our vessels could be supplied with maps and charts
necessary to enable them to perform a cruise with conve-
nience and safety, and we certainly have not had the infor-
mation of a hydrographical character which would enable
the Navy Department to plan an attack upon any foreign
port, even in the Gulf of Mexico.

But, sir, the establishment of the Observatory, if its im-
portant objects be liberally seconded, will remedy these
defects, and wipe off from our character what I cannot but
consider a disgrace to the most enlightened people upon
earth. Its services will not be confined to the preparation
of maps and charts, the preservation of nautical instru-
ments, the regulation and correction of chronometers, with
other kindred practical duties: its operations will be still
more extensive and important. Already have the elements
for an American nautical almanac been obtained by obser-

vation, and the liberal patriotism of the House is invoked ~

for a small appropriation to compute and print them. It is
now in contemplation, too, if the work has not already been
commenced, to enter upon a system of most extensive
observation, including all the important fixed stars to be
observed in our latitude—a more comprehensive and mag-
nificent, as well as useful work, than has ever yet been
undertaken in any part of the world. I have it from the
highly intelligent and scientific superintendent of the Coast
Survey, that the number of stars noted in the nautical alma-
nac is too limited for the convenient conduct of his impor-
tant observations.

It will be found here, as well as in other important works
of a similar kind, that the labors about to be entered upon
at the Observatory will prove to be highly important and
valuable. They will enable us to make some return to the
science of the world for that large supply which we have
heretofore illiberally drawn from it; and they will contrib-
ute to elevate our Government in the eyes of other nations.

I have said so much upon this sabject, sir, because no
provision is made in this bill for any astronomical establish-
ment, and because, upon former occasions, it has been urged
with great ability, and from a distinguished quarter, that
the greater part, if not the whole of this fund, should be
appropriated for this purpose. The venerable gentleman
from Massachusetts will understand my allusion. It has

TWENTY-NINTH CONGRESS, 1845-47. 397

been with great pleasure and profit, and with complete
sympathy in the noble enthusiasm of the author, that I read
the report of that gentleman, made to this House in 1842,
upon the disposition of the Smithsonian bequest. He
seems to have been imbued with a most exalted sense of
the sublimity of the great objects heretofore accomplished,
and hereafter to be attained, by the ardent and laborious
pursuit of astronomy. Sir, there is no mind not wholly
destitute of elevation, and wholly ignorant of the stupen-
dous wonders and glories of the universe as revealed to the
gaze of ‘“‘star-eyed science,” who could read that able
report and not be deeply affected by it. I quote the follow-
ing passage :

‘‘The express object of an observatory is the increase of knowledge by
new discovery. The physical relations between the firmament of heaven
and the globe allotted by the Creator of all to be the abode of man are dis-
coverable only by the organ of the eye. Many of these relations are indis-
pensable to the existence of human life, and, perhaps, of the earth itself.
‘Who can conceive the idea of the earth without a sun but must connect
with it the extinction of light and heat, of all animal life, of all vegetation
and production, leaving the lifeless clod of matter to return to the primi-
tive state of chaos, or to be consumed by elemental fire. The influence of
the moon—of the planets, our next-door neighbors of the solar system—of
the fixed stars scattered over the blue expanse, in multitudes exceeding the
power of human computation, and at distances of which imagination her-
self can form no distinct conception: the influence of all these upon the
globe we inhabit, and upon the condition of man, its dying and deathless
inhabitant, is great and mysterious, and in the search for final causes, to a
great extent inscrutable to his finite and limited faculties. The extent to
which they are discoverable is and must remain unknown: but to the vig-
ilance of a sleepless eye, to the toil of a tireless hand, and to the medita-
tions of a thinking, combining, and analyzing mind, secrets are successively
revealed, not only of the deepest import to the welfare of man in his earthly
career, but which seem to lift him from the earth to the threshold of his
eternal abode; to lead him blindfold up to the council chamber of Omnip-
otence, and then, stripping the bandage from his eyes, bid him look undaz-
zled at the throne of God.”

I quote this eloquent passage to show, by the testimony
of one who understands the subject well, the character of
the results to be expected from the extensive cultivation of
astronomical science. I think it will be admitted that though
the discoveries now to be expected in that field will be well
calculated to elevate the soul and fill it with wonder and
amazement, nothing of a very practical or directly useful
nature in its bearing upon the immediate pursuits of life is
to be expected beyond the increased accuracy and extent of
observations necessary for nautical and topographical pur-
poses. Iam by no means disposed to undervalue the im-
portance of this sublime branch of human knowledge. Nor
will I undertake to say that investigation of the heavens
may not produce new results, intimately connected with,

398 CONGRESSIONAL PROCEEDINGS.

and highly important to, some of the economical purposes
of life. What I mean to say is, that the discoveries yet to
be made promise only, or at least chiefly, to gratify that
high and laudable curiosity which seeks to know and under-
stand, as far as human intelligence may, the sublime and
wonderful works of the Creator. New double stars may be
discovered, revolving about each other, by the operation of
strange and unknown laws, the investigation of which may
be a subject of profound interest. Their compensating
colors, shedding a mixed stellar influence upon an intimate
and curious examination, may possibly reveal to some pen-
etrating eye new and important truths connected with the
theory of light. The occultation of Jupiter’s satellites
enable us to measure its velocity with almost absolute ex-
actness. The contrasted colors of these wonderful binary
stars may eventually settle the question, if it be not already
settled, between the theory of undulations, and that of par-
ticles emanating in straight lines, and may, in some lucky
hour, to some favored son of genius unfold distinctly and
forever the apparently intricate and now hidden relations
of light, heat, electricity, magnetism, and gravitation. A
higher and more complete generalization, of the great phe-
nomena of the universe may be accomplished, and it is
wholly impossible to tell how directly and immediately such
discoveries may bear upon the practical pursuits which con-
tribute to the physical well-being of man. Who, at the
present day, can calculate the influence exerted upon the
happiness of man, during successive generations, by the
knowledge of those three strange and wonderful laws, dis-
covered, not without long and laborious investigation, by
the celebrated Kepler? Who can trace their consequences
in the subsequent discoveries of that science, or rather, I
should ask, what would now be our knowledge of the plan-
etary system, and our ability to apply it to exact nautical
purposes, if those laws, and all that results from them, were
at this day a blank in astronomical science? That the
radius-vector of a planet describes equal areas in equal
times! How simple a law, yet how pregnant of conse-
quences, incalculable in extent and value.

Notwithstanding these admissions, and my deep convic-
tion of the great value of astronomical truth, I cannot think
that field of knowledge likely to be so productive of useful
fruit, that the Smithsonian fund ought ever to have been
directed entirely or chiefly to that object. But whatever
may have been the conflict of opinion in this respect, the
dispute is put to rest by the establishment of the Observa-

TWENTY-NINTH CONGRESS, 1845-47. 399

tory. It is matter of high gratification to my mind that
the Government has at last awakened to the importance of
the subject, and has found a complete justification, in the
hydrographical and topographical necessities of its service
by sea and land, for the endowment of so useful an institu-
tion. And I am glad, sir, to hear it announced that the
distinguished gentleman from Massachusetts finds his laud-
able enthusiasm for a noble branch of science fully met and
satisfied by the establishment in question.

I think, Mr. Chairman, if there be anything plain and
obvious in reference to the plan to be adopted for the Smith-
sonian Institution, it is that no university or college of an
ordinary kind would come within the scope of the testator’s
intentions, or would contribute properly to the end desired.
We require something connected with the great practical
purposes of life—something in accordance with the progres-
sive spirit of the age—something looking immediately to
the elevation, improvement, and happiness of the great
mass of the people. Sir, itis not to be denied that most of
our best institutions of learning are not of this character.
They look chiefly to the past, searching for the obscure be-
ginnings of knowledge in the dead languages, and in the
writings of ancient sages, poets, and philosophers. It is
our business to look chiefly to the great FruTURE, with its
glorious fruits, ready to burst from a teeming soil, warmed
and enlightened by the great sun of science, which now dif-
fuses its energetic rays into every corner of human affairs,
wherever life, vegetable or animal, and wherever mental or
physical power in its ten thousand inventive forms may find
a foothold for existence.

In a letter of Dr. Thomas Cooper, of South Carolina, ad-
dressed to Mr. Forsyth, 20th July, 1838, in answer to inqui-
ries on the subject of the Smithsonian bequest, that distin-
guished gentleman says:

““T object to all belles lettres and philosophical literature, as calculated
only to make men pleasant talkers. I object to medicine.

““T object to law. Ethics and politics are as yet unsettled branches of
knowledge.

‘¢T want to see those studies cultivated which, in their known tendencies
and results, abridge human labor, and increase and multiply the comforts
of existence to the great mass of mankind.”’

Richard Rush, of Philadelphia, writes to the Secretary of
State on the same subject, on the 6th of November, 1838,
and proposes a plan for the institution not greatly dissimilar
from that proposed by this bill. I quote this short passage :

A university or college in the ordinary sense, or any institution looking
to primary education, or to the instruction of the young merely, does not

400 CONGRESSIONAL PROCEEDINGS.

strike me as the kind of institution contemplated by Mr. Smithson’s will ;
declaring it in language simple yet of the widest import, to be ‘ for the in-
crease and diffusion of knowledge among men,’ and making the United
States the trustee of its intentions, it seems to follow that it ought to be as
comprehensive as possible in its objects and means, as it must necessarily be
national in its government.”’

These letters are to be found in the report of Mr. Adams
to this House in 1842. The passages quoted seem to me to
be highly judicious, and correctly descriptive of the true
character of the institution required. And I think, sir, the
bill under consideration conforms, in its provisions, to the
general views expressed in these passages, and to those
which I entertain. All the labors of the institution will be
directed to the more useful sciences and arts, and its advan-
tages must necessarily be eminently practical and popular.
These are the great leading considerations, which should
commend this bill to the favor of the House, and of the
country.

I proceed to notice more particularly the general charac-
teristics of the plan. I pass over the organization of the
institution as a corporation, not regarding that as a matter
of any importance. As this feature is opposed, I am very
willing to see it altered. JI approve the elasticity and free-
dom of action, very wisely conferred upon an institution,
new and untried in its application to the great objects in
view. Very considerable latitude of control, as to the
means to be used, is given to the board of managers, and
the ends to be aimed at are described in comprehensive
terms. But the most ample guarantee for the wise and
faithful use of this discretionary power is obtained in the
fact, that the board will consist of the Vice-President of
the United States, the Chief Justice of the Supreme Court,
three Senators, three members of the House, and six others
to be chosen by joint resolution of the two Houses, who
are required to submit to Congress annual reports of the
operations, expenditures and condition of the institution.
In addition to all this, there is reserved the power to alter
and amend the charter, as the results of experience may
render necessary or expedient. All these provisions seem
to be wise, and make it almost impossible that any abuse
or misapplication of the fund can ever take place.

The sixth section of the bill provides for a ‘“ professor of
agriculture, horticulture, and rural economy,” giving him
power to employ such laborers and assistants as may be
necessary “ to cultivate the ground and maintain a botani-
cal garden ”’—‘ to make experiments of general utility
throughout the United States ”—‘ to determine the utility

TWENTY-NINTH CONGRESS, 1845-47. 401

of new modes and instruments of culture, and to deter-
mine whether new fruits, plants, and vegetables may be
cultivated to advantage in the United States.” These pro-
visions comprehend all which relates to the great agricul-
tural interest. No one, I presume, will question the prob-
able usefulness of these provisions to aid and benefit by far
the largest pumber of our citizens who employ the greatest
amount of capital, and whose productions are the very basis ,
of our prosperity, wealth, and happiness. I regret, sir, that
in connection with this arrangement there is no express
provision for a professor of chemistry; but as a chemical
laboratory is provided for, and as the professors are re-
quired to be of the most useful sciences and arts, I presume
this professorship would be considered first in importance,
and would by no possibility be omitted.

In some parts of the country, it is not unusual to hear
objections against the application of science to agriculture.
J have heard it questioned even here, whether experiments
and investigations conducted in Washington city, can be of
any use in other latitudes, soils, and climates, throughout
our extended country. I maintain, sir, that science in agri-
culture is practicable, and that its cultivation even here, at
the seat of government, may be made to contribute most
important benefits to all parts of the Union. For let it be
remembered, science is but the classification of facts ex-
pressed in the shape of general rules or laws. If any im-
portant fact be omitted in the process of induction, the
result will be erroneous, and calculated to mislead. But
continued experiment and investigation will eventually
point out the omitted or misplaced fact, and gradually a
true science will grow up, rising from the first rude at-
tempts, through various gradations of improvement, up to
its highest and most perfect form. Results predicted from
certain operations, without due consideration and experi-
ence of all attending facts and circumstances, changes of
soil and climate, would not be verified, except by the merest
accident. But it is not plain that the experiments here,
disseminated throughout the country by appropriate means,
and illuminated by all existing knowledge as to the influ-
ence of varied circumstances, will be seized upon by the
intelligent and skillful agriculturist in all quarters, and sub-
mitted to still further tests, in order to eliminate the ulti-
mate truth—the most general ]aw—divested of all extra-
neous facts ? The experiments made abroad will be reflected
back again to the central institution, and they will enable it
so correct its conclusions, whenever these may have proved

26

402 CONGRESSIONAL PROCEEDINGS.

to be to any extent erroneous. If this professorship should
accomplish nothing more than to point out the mode of
investigation to be adopted, and to compare the results in
different quarters and give information of them, this of itself
would be an essential service to agriculture.

It will not be disputed, however, that there are some
things in agriculture of a general nature, which science at
any place can determine with absolute certainty. One
might theorize in reference to processes of cultivation, and
the results would be very generally erroneous. It might be
plausibly argued, that to disturb and break the roots of a
stalk of corn by the usual mode of cultivation must injure
the health and produce of the plant. But experience de-
termines precisely the contrary ; whether it be that new and
more numerous small roots are put out, penetrating to every
part of the soil, and thereby obtaining abundant nutriment,
or whether it be simply that the oxygen and carbonic acid
gas of the air and of the soil are rendered more accessible
to the roots of the plant by the loosened texture of the
ground. Yet, when the agricultural chemist ascertains that
the stalk, leaf, or grain of any plant contains certain sub-
stances, the silicates, phosphates, or carbonates, and that
these are indispensable to their perfection, he is enabled to
predicate with absolute certainty that these substances must
be in the soil, or that the plant will not flourish. This isa
species of information of the utmost importance, and appli-
eable under all circumstances, and in all climates. In its
perfect form, when science shall have expended her fruitful
jabor upon it, it will enable the farmer to control the growth
of his crop, and give it any desired development, just as he
now controls the growth of his domestic animals, raising
his cattle for millx or for beef, and his sheep for wool or for
mutton, at his pleasure.

I would say, sir, in reference to this, what I have said of
another branch of science, and, indeed, what may be said
of all knowledge that it is impossible to foresee the great
results to which they will lead. I have unbounded faith in
the resources of science in all her departments; and I look
forward with the expectation of discoveries and improve-
ments far more important and wonderful than anything
which has yet been accomplished. The magnetic telegraph
is a marvel; but it does not mark the extreme boundary of
human ingenuity.

Another leading and important feature in this bill is, that
it proposes ‘“‘a professor of common school instruction,
with other professors, chiefly of the more useful sciences

|
|
|
|
|

TWENTY-NINTH CONGRESS, 1845-47. 405
and arts,” and that it contemplates the education of young
persons as teachers of common schools. It looks to the
education of the people—to the increase and diffusion of
knowledge among the great mass. Of course this aid to
the cause of popular education can only be of the most
general kind. No direct application of the means of the
institution to that purpose could be expected. But while
this provision is one of high generality, it is, nevertheless,
one also of controlling efficiency, calculated to be highly
beneficial in its directory influence. If a number of the
best teachers, imbued with all the useful science of the age,
and thoroughly qualified for imparting knowledge to the
young mind, by the most improved modes, can be sent
abroad to all parts of the country, doubtless a great point
will have been gained. No business is so imperfectly un-
derstood, and so badly conducted, in some parts of the
Union as that of teaching. An institution which will have
the effect of improving and elevating the standard of in-
struction generally, will be a great national blessing.

Does any one doubt that the scheme proposed in this bill
can be made to produce that result ? Even though teachers
may not be generally furnished for all sections, an immense
advantage will be obtained by the diffusion of correct infor-
mation, as to the proper mode of organizing schools, and
the best plans for instruction. The most important kinds
of knowledge are too frequently altogether neglected in our
primary schools. Let the members of this House look
back to their school-boy days, and compare the instruction
they received, with that which is now dispensed in the best
public schools. We were fortunate, sir, very fortunate, if
we were taught anything more than words; if physical
science constituted any part of our early instruction; if our
attention was directed fora moment to the things around
us, among which, and with which, we were bound to accom-
plish our destiny. Important changes have now taken
place. And not among the least important is that of teach-
ing the outlines of physical science at the very earliest
period—to make the child acquainted with the nature of
the ten thousand natural objects around him—to give him
some idea of the structure of the globe he inhabits, and of
the system of which this planet is a part. This is knowl-
edge which the child can comprehend, and which the man
can never fail to use with advantage. It is properly the
first knowledge to be imparted, lying obviously at the very
foundation of all good education.

How much has been accomplished of late in this respect

,

404 CONGRESSIONAL PROCEEDINGS.

may be inferred from the following passage, which I read
from the last report of the Trustees of the Public School
Society of New York:

‘‘ A circular, sent to the teachers of the public schools about three weeks
since, resulted, before they closed, in not less than ten thousand elementary
cabinets of geology for nearly the same number of families, collected,
labeled, and assorted by the pupils; securing, in very many instances, a
hearty interest, and essential aid from their parents and other friends.
Public school No. 15, collected, prepared, labeled, and distributed not less
than four hundred such cabinets in one day,’ &c.

These are interesting facts. They show that the science
of education is advancing with the general march of im-
provement; and they render no longer doubtful the propri-
ety and importance of devoting a portion of the means of
this national institution, to assist in carrying forward, even
more rapidly, this great movement of the age.

The bill provides for the “ preparation of sets of illustra-
tions, specimens, apparatus, and school books suited for
primary schools.” I consider these provisions of the highest
importance. Next to the furnishing of proper teachers, is
the necessity for proper instruments of education. Indeed,
I do not know but this should be placed foremost in impor-
tance ; for, with the best illustrations, apparatus, and books,
the teacher could scarcely fail to perform his part with the
greatest advantage and the best success. The propricty of
having “ professors of the most useful sciences and arts”
connected with the ‘normal branch” of this institution,
is too obvious to require a single remark.

The bill does not propose (for indeed the proposition
would be absurd) to give to such school books as may be
prepared, any authority, other than that which the charac-
ter of the institution, and their own intrinsic worth, would
impress upon them. But it is very certain, that able and
experienced men, directing their minds particularly to that
object, would be prepared to give to the world something
far better than we now possess—something in the way of
elementary books, which would essentially contribute to the
uniformity and efficiency of general education. I think it
will be acknowledged, by all who know anything of the
subject, that such books for primary schools are at this mo-
ment a great desideratum. I know of no means by which
greater benefit could be conferred upon the people at. large,
than by the judicious preparation and cheap supply of such
books. They would be equivalent to a great plan of edu-
cation, emanating from the highest and best authority,
causing the light of all modern science and modern im-

TWENTY-NINTH CONGRESS, 1845-47. 405

provement to converge into every country school house in
the land. ;

There are other features in this bill, Mr. Chairman, upon
which it would be interesting to comment, if the hour allot-
ted by the rules of the House would permit. The lectures
by able men of science, the cheap and useful publications,
and the investigations which the managers have power to
direct, may be made, by judicious direction, to contribute
to the most useful and important ends. But these things
will suggest themselves to the mind of every intelligent
man.

T approve heartily the provision which forbids the estab-
lishment of any school of law, or medicine, or divinity, or
any professorship of ancient languages. The scope of my
remarks throughout has been in accordance with this view,
and, I hope, will fully justify the position. The number of
persons who could be educated by all the funds of this in-
stitution must, of necessity, be very limited; and unless
they be instructed with a view to communicate the light
and diffuse the knowledge received, the benefits of the
establishment would not be general.

The annual appropriation of ten thousand dollars for the
gradual formation of a library, might have been limited to
a smaller amount, with a better result. But the managers
will doubtless act with wisdom and discretion.

By proper management, this institution may doubtless be
made the instrument of immense good to the whole coun-
try. To the Government it will be of no slight advantage.
It will be a great institution. It may attain a character as
high as that of the French Academy ; and its authority will
then be decisive in reference to numerous questions of a
scientific nature, continually presented to the committees of
Congress and the departments of Government, for deter-
mination and consequent action. Such an institution is
greatly needed in the Federal city. It is fortunate, not less
for the public service than for the advantage of the individ-
ual citizen, that the opportunity is now afforded to accom-
plish so important an object. I cannot doubt that the
opportunity will be seized with alacrity, and improved with
something of that spirit of liberality and intelligence which
I think is embodied in the bill now before the committee.

Mr. SawYER moved to amend the bill by striking out
“six,” in the first section, and inserting in lieu thereof
EetkVe.

There was a motion pending to strike out the whole bill,
and therefore this motion to amend was in order.

406 CONGRESSIONAL PROCEEDINGS.

The ninth section was not under consideration, but when
it should be, he would move to amend it in the fourth line,
by inserting after the word “therein,” the following pro-
V1SO :

‘“« Provided, That such students shall be selected from the different States
and Territories of the United States, according to the ratio of representa-
tion in Congress.’’

He thought five per cent. as high a rate of interest as
was proper. He was not willing that his constituents
should be saddled with so high a rate of interest as six per
cent., for the people must pay it out of their pockets. For
a permanent loan, five per cent. was high enough.

The other amendment which he would propose related to
the regulations for the admission of students into the
various departments of the institution. He proposed to
take the students from the different States and Territories
of the United States, according to their representation in
Congress, so that they shall not all be taken from Virginia,
Maryland, and this District, as had been the case in regard
to all other appointments. Heretofore, nine-tenths of all
appointments had been made from this District and the
neighboring States. Other States had been blotted out
from the vocabulary of appointments. There was a bill
before the House to do this, but it was impossible to reach
it, obstacles being thrown in the way whenever it was
attempted. While we were passing laws for creating more
public institutions, it was proper to make a proviso that the
persons benefited by it should be taken from every portion
of the Union, instead of one locality. With proper modi-
fications, he was disposed to vote for this bill.

Mr. D. P. Kine had some amendments, he said, to pro-
pose to the bill, at a proper time. In establishing an insti-
tution like this, for the increase and diffusion of knowledge
among men, there ought undoubtedly to be some arrange-
ment for the education of teachers. He would propose
that lands and buildings be provided for young men, to
enable them to prepare for such an education as will qualify
them for usefulness and to teach others. He proposed that
persons should be received who, by their labor, would main-
tain themselves. He was desirous of promoting the inter-
ests of the yeomanry of the country—of cultivating the
hand as well as the head and heart; and he hoped provi-
sions for these objects would be made in the bill. He
should move to insert in the seventh section, after the word
‘“‘ professors,” the words “ of agriculture.” A very large
portion of the people were agriculturists, and it was the

TWENTY-NINTH CONGRESS, 1845-47. 407

most useful and interesting object of pursuit. He wished
to provide for the use of those who became students lands
and buildings, with a view to enable them to engage in
practical agriculture.

He was not disposed, at this time, to go into the subject
fully, but he submitted that the best mode of carrying out
the objects of the donor, was, to promote agricultural knowl-
edge.

Mr. Owen had a few words to say in reply to the gentle-
man from Ohio,|{Mr. Sawyer,] who had urged that the rate
of interest should be five instead of six per cent. He would
ask the committee generally, whether, in regard to a per-
fect gratuity—a fund for public objects to which this Goy-
ernment had not contributed one cent—we ought not to be
willing to pay as large an interest as we were ordinarily
obliged to pay on loans? Ought we not to yield something
to the object of the bequest ?

It must also be considered that, by this bill, much expense
was saved to the Government. Should this plan be carried
out, it would save all the expenses attending the preserva-
tion of the collections of the Exploring Expedition. These
could not be taken care of without considerable expense.
It would also be recollected, that it was a part of General
Washington’s plan in laying out this city, to extend the
public grounds from the Capitol to the President’s House.
These grounds embraced more than one hundred acres, and
should they be embellished and improved, according to the
original design, the expense would be very great. All
these expenses were to be defrayed by the Smithsonian
Institution. All that was asked was the ordinary interest
of six per cent., which the Government had recently been
obliged to pay.

In regard to the ninth section of the bill, he would be
glad if the objections of the gentleman from Ohio should
prove to be good, and that there should be such an overflow
of applications for admission into the institution as to ren-
der any restrictions necessary. He apprehended that there
would be no necessity for such restrictions, for we did not
propose, as at the West Point Academy, to pay any ex-
penses of the students. In case of such a rush for admis-
sion as the gentleman anticipated, he would admit that the
students ought to be divided among all the States and Ter-
ritories. He would agree to vote for the amendment, but
he apprehended that the chief difficulty would be in getting
a sufficient number of persons to come.

Mr. D. P. Kine said he had proposed such a modification

408 CONGRESSIONAL PROCEEDINGS.

of the plan as would enable students to pay their board by
laboring on the farm of the institution.

Mr. Owen said that this point was before the committee,
and it was agreed that young men might be employed as
managers and laborers, if they were willing, while they
were pursuing their studies.

Mr. Sawyer remarked that it had been suggested that
the 9th section already provided for this object. But he
must insist upon it that it did not; and to prove it he would
read the section, as follows :

‘‘ That the said board of managers shall also make rules and regulations
for the admission of students into the various departments of the institu-
tion, and their conduct and deportment while they remained therein.”

The same provision applied to officers of the institution,
but the managers were not instructed to distribute among
the several States and Territories all the students applying
for admission.

Mr. Jerrerson Davis said that so far as the Government
was concerned, the bill conferred no powers on it. All
objections on that score were unfounded. He was afraid that
the benches of the institution would not be filled to overflow-
ing, and that no restriction would be necessary on that
score. The 9th section might stand as it was for the
present, and when necessary Congress could amend the act
in order to meet any circumstances that might arise. In
the mean time he would throw open the door to all, whether
for a single lecture or for a whole course; and he regarded
lectures as the greatest means of extending knowledge which
had been adopted in modern times. It was second only to
the invention of the art of printing.

Everything in the bill tended to the increase and diffusion
of knowledge among men.

Some had urged that the trust ought not to have been
accepted. It was too late to make that objection. He held
that we were now obliged to carry it into execution; and
as to the funds themselves, they ought to be considered as
money still in the Treasury, unconnected with any stocks.
He regretted that any one had proposed to return the stocks
to the heirs or kin of the original owner.

Mr. G. W. Jonzs said he did not profess to understand
the whole doctrine of trusts, but if trust funds were placed
in the hands of the Government, was the Government
bound to keep the money, instead of investing it? Was
the Government bound to pay interest on it without invest-
ing it?

Mr. Jurrurson Davis. That will depend on the character

e

TWENTY-NINTH CONGRESS, 1845-47. 409

of the fund. The fund was given in trust for a specific
object.

Mr. G. W. Jones. Suppose the fund had been left to the
gentleman from Mississippi; was he bound to keep it and
pay six per cent. interest upon it? Or, if he invested it in
Mississippi or other State stocks, in good faith, would he be
bound as trustee to make good the principal and interest of
the fund ?

Mr. Jerrerson Davis could, he said, answer that case in
perfect conformity with his own views and feelings on the
subject. He would reject the trust unless he was willing to
execute it; and if he misapplied the money and delayed to
execute the trust for eight years, he would consider himself
bound in honor to make good the whole fund.

Mr. D. continued. He would admit that the Government
had no authority to take charge of the subject of education,
and he did not consider this bill as liable to that objection.
The Normal school system he considered as highly benefi-
cial, serving to preduce uniformity in the language, and to
lay the foundation of all sciences. The spelling book of
Noah Webster, which had been used extensively in our
primary schools, had done more to produce uniformity in
our language in this country than anything else. If we
sent out good school books from this institution, it would
be of vast service to the country.

Mr. D. enlarged upon the benefits which would result to
science and the diffusion of every kind of useful knowl-
edge, from an institution which would gather young men
from the remotest parts of the country, at the common
point where every facility for practical instruction would be
afforded. The taste of the country would be refined, and
he did not consider this as anti-democratic. Knowledge
was the common cement that was to unite all the heteroge-
neous materials of this Union into one mass, like the very
pillars before us. If there was any constitutional objection
to the establishment of a corporation, he was willing to
strike out that feature in the bill, and preserve the remain-
der. But let us do something to carry out the objects of
the testator, or let us throw back the fund upon the chan-
cery court of England.

Mr. Marsu desired, he said, to add a few words on this
subject, but was unable to proceed at present, in conse-
quence of indisposition. He therefore moved that the com-
mittee rise.

Some conversation ensued, upon which Mr. Marsu with-
drew the motion.

410 CONGRESSIONAL PROCEEDINGS.

Mr. J. Q. Apams expressed a wish that some progress be
made in the bill, by taking a vote on some of the amend-
ments.

The question was then taken on the amendment offered
by Mr. Sawyer, and it was decided in the negative.

On motion of Mr. Marsu, the committee then rose and
reported progress.

House oF REPRESENTATIVES, April 23, 1846.

Mr. Boyp offered a resolution providing that all debate
on this bill should cease in one hour and a half after it
should again be taken up in committee, unless sooner dis-
posed of, and that the committee should then proceed to
vote on amendments pending, or to be offered.

Mr. J. R. InaursoLt moved to amend the resolution by
striking out “one hour and a half after it shall have been
taken up in committee,” and inserting “two o’clock.”

Mr. GraHaM moved that the resolution and amendment
be laid on the table.

And the question having been taken, and decided in the
affirmative, the resolution and amendment were laid on the
table.

The SPEAKER announced the unfinished business to be
the special order of yesterday, the bill to establish the
Smithsonian Institution for the increase and diffusion of
knowledge among men.

On motion of Mr. Ownn, the House resolved itself into
Committee of the Whole on the state of the Union, (Mr.
Burt, of South Carolina, in the chair,) and resumed the
consideration of the said bill.

Mr. Marsu, of Vermont, after some preliminary observa-
tions, said: J agree, Mr. Chairman, with those who doubt
whether it was entirely wise in the Congress of the United
States to accept the munificent bequest of Mr. Smithson.
Were the question now first presented, I should hesitate.
Not that I deny or even doubt the power of Congress to
administer this charity, but I should question the propriety
of assuming a trust, which there is too much reason to fear
we shall not discharge in such a manner as to give the fullest
effect to the purposes of the enlightened donor. The his-
tory of this bequest confirms these scruples. It is now
nearly ten years since Congress, by a solemn act, assumed
the trust, and pledged “the faith of the United States” to
its faithful execution. The money was soon after received,
and immediately passed out of the hands of the Govern-
ment, not irrevocably, it is to be hoped, but it is, at all

TWENTY-NINTH ‘CONGRESS, 1845-47. 41]

events, now beyond our control, and no portion of it has
been yet applied to the noble ends of the bequest. The
difficulties which have thus far prevented the application of
the fund to its proper uses still exist, and are of a character
not likely to be removed. Our Government has no depart-
ment which can be conveniently charged with the adminis-
tration of the charity, and must, therefore, begin with the
organization of one for that special purpose. In this incip-
ient step, we meet with obstacles at every corner. Questions
are at once raised that are not yet solved, and are certainly
in themselves of no easy solution. How far can, how far
ought, Congress to act in the direct control of the charity—
how far should it make specific what the will of the testator
has left general? If Congress shall direct the particular
uses to which the fund shall be applied, what shall those
uses be? Or shall we, on the other hand, delegate the
trust; and, if so, shall we impose its duties on departments
already too heavily burdened with official responsibilities,
or shall we create a corporation or other special agency for
the purpose? Is there not danger that the institution will
be abused for party ends, and merely serve to swell the
already overgrown patronage of the Executive? A previ-
ous suggestion of these difficulties might well have led us
to hesitate, before we contracted obligations of so delicate
a character, and I fear they are yet destined for some time
longer to impede the satisfactory action of Congress.

But it is now quite time that we apply ourselves in earn-
est to the work of redeeming our country from the reproach
of infidelity in the discharge of so high and solemn a trust,
and that at the earliest practicable period, and before the
subject shall become an element in our party dissensions,
we strive to make available to our fellow-citizens, and to all

men, a gift as splendid as its purposes are noble.

The delay, long and unwarrantable as it is, has not been
without its issues. It has afforded abundant time for the
collection, comparison, and concentration of opinion; able
men in every walk of scholastic and professional life have
been consulted; many of the wisest American statesmen
have brought the energies of their intellects to the exami-
nation of the subject; it has been largely discussed in both
branches of the National Legislature; numerous studiously
considered plans have been suggested, providing in different
ways for every interest which can be supposed to be em-
braced within the views of the testator, and the bill now
before us is a compilation, an anthology, so to speak, from
all these, though possessing original features—valuable

412 CONGRESSIONAL PROCEEDINGS.

features—the credit of which belongs to the chairman of
the special committee, (Mr. Owen,) by whom the bill was
reported.

In a case where there is room for so great diversity of
opinion as in this, there can be no hope of the adoption of
any plan not conceived in a spirit of compromise; and on
this, as on another larger question, however widely apart
we may be at first, we shall probably find ourselves in the
end obliged to settle down upon the parallel of 49°. The
bill is reported by the special committee as a compromise,
and probably no one of the gentlemen concerned in its
preparation is quite satisfied with its provisions; no one
believes it to be the best plan that could be devised; but
they felt the necessity of deferring to each other, as well as
to the probable opinion of Congress, and were nearly unan-
imous in thinking it more likely to harmonize discordant
views than any other plan suggested. It was in this belief,
and in consideration of the importance and the duty of
early action, that I, asa member of that committee, assented
to the report, regarding the scheme, however, not merely
as a necessary compromise, but as rather an experiment,
which admitted, and which I trusted would hereafter re-
ceive, great changes in its conditions, than as a complete
working model.

It has all along been assumed as a cardinal principle, that
we ought to follow implicitly the will of the liberal donor,
and it has been thought unfortunate that he was not more
specific in the appropriation of his bounty. But he has
given a proof of a generous and enlightened spirit, and at
the same time has paid this nation the highest possible com-
pliment, by using the largest and most comprehensive lan-
guage in his bequest; thus in effect saying, that he preferred
rather to entrust the disposal of this great fund to the
wisdom and intelligence of a free and enlightened people,
than to limit its use to purposes accordant with his own pe-
culiar tastes. Some gentlemen have thought, that inasmuch
as the testator has not specified the particular mode by
which he would have the great ends of his charity accom-
plished, we are bound to infer his wishes from the character
of his favorite pursuits, and to conform to his supposed
views, by confining the fund to the promotion of objects, to
the cultivation of which his own time and researches were
devoted. But this would be no true conformity to the en-
lightened liberality which prompted so munificent a gift.
It would be a disparagement to so generous a spirit to
imagine, that while saying so much, he meant so little. It

i
.

Le eee eee eee ee ee

TWENTY-NINTH CONGRESS, 1845-47. 413

would be so wide a departure from his large and wise pur-
poses, as fairly to defeat his noble aims. Had he been in
fact a person of so narrow views as this argument supposes,
he would have guarded against the possible misapplication
of his charity, by express words of direction or restriction ;
and it is a proof of rare generosity in an enthusiastic lover
of an engrossing pursuit, that in a bequest appropriating
his whole estate to the high purpose of increasing and diffu-
sing knowledge among men, he made no special provision
for the promotion of those sciences which were to him the
most attractive of studies.

After all, however, he was not a student of so limited a
range of inquiry as has been sometimes assumed. He was
a man of studious and scholastic habits, and of large and
liberal research, specially devoted, indeed, to the cultivation
of certain branches of natural knowledge, but excluding no
science, no philosophy, from his sympathies. Too enlight-
ened to be ignorant of the commune vinculum, the common
bond of mutual relation, which makes all knowledges recip-
rocally communicative and receptive—each borrowing light
from all, and each in turn reflecting light upon all—he was
too generous to confine his bounty to the gratification of
tastes entirely similar to his own. None of the objects em-
braced in this bill are alien from his probable views.
Books, indeed, he did not collect, as we propose to do,
because to one who had no fixed habitation a library would

-have been but an incumbrance; and he lived in the great

cities of Europe, where public and private munificence has
collected and devoted to general use such ample repositories
of the records of knowledge, that individual accumulation
of such stores is almost superfluous. But, though he gath-
ered no library, his writings show him to have been a man
of somewhat multifarious reading; and it is quite a gratui-
tous assumption to suppose him to have been one of those
narrow minds, who think no path worth traveling but that
which they have trodden, no field worth cultivating whose
fruits they have never plucked. Apart, then, from the
liberty which the broad words of the will give us, we are
entitled to believe that the purposes of the testator were as
comprehensive as the language he has used—that he aimed
at promoting all knowledge for the common benefit of all
men—and to appropriate to the American people, in a spirit
worthy of the object and of ourselves, the compliment he
has paid us, by selecting us as the dispensers of a charity
which knows no limits but the utmost bounds of human

414 CONGRESSIONAL PROCEEDINGS.

knowledge, and claims as its recipients the men of this and
of all coming ages.

The limitation of the bequest, then, is to the “ increase
and diffusion of knowledge among men.”’ Here two objects
are aimed at. Increase, enlargement, extension, progress ;
and diffusion, spread, communication, dissemination. These
the bill seeks to accomplish by various means. It proposes
to increase knowledge by collecting specimens of the works
of nature, from every clime, and in each of her kingdoms ;
by gathering objects in every branch of industrial, decora-
tive, representative, and imaginative art; by accumulating
the records of human action, and thought, and imagination,
in every form of literature; by instituting experimental re-
searches in agriculture, in horticulture, in chemistry, and
in other studies founded upon observation. It proposes to
diffuse the knowledge thus accumulated, acquired, and ex-
tended, by throwing open to public use the diversified col-
lections of the institution in every branch of human inquiry ;
by lectures upon every subject of liberal interest ; by a nor-
mal school, where teachers shall become pupils, and the
best modes that experience has devised for imparting the
rudiments of knowledge shall be communicated; by pre-
paring and distributing models of scientific apparatus, and
by the publication of lectures, essays, manuals, and treatises.

Of the various instrumentalities recommended by this
noble and imposing scheme, the simplest and most efficient,
both as it respects the increase and the diffusion of knowl-
edge, is, in my judgment, the provision for collecting for
public use a library, a museum, and a gallery of art; and I
should personally much prefer, that for a reasonable period
the entire income of the fund should be expended in ecarry-
ing out this branch of the plan.

But in expressing my preference for such a present appli-
cation of the moneys of the fund, and my belief that we
should thus best accomplish the purposes of the donor, I
desire not to be understood as speaking contemptuously of
research and experiment in natural knowledge and the
economic arts. I have too much both of interest and of
feeling staked upon the prosperity of these arts, and they
are to me subjects too intrinsically attractive, to allow me to
be indifferent to any measure which promises to promote
their advancement. Iam even convinced, that their earnest
cultivation and extension are absolutely indispensable to our
national prosperity, our true independence, and almost our
political existence ; and I am at all times ready to maintain
their claim to all the legislative favor which it is within the

Hy
;
'
{

SS ee

TWENTY-NINTH CONGRESS, 1845-47. 415

power of the general Government to bestow. I would not,
therefore, exclude them from the plan of a great national
institution for the promotion of all good learning; but I
desire to assign them their true place in the scale of human
knowledge, and I must be permitted to express my dissent
from the doctrine implied by the bill, as originally framed
and referred to the special committee, which confines all
knowledge, all science, to the numerical and quantitative
values of material things. Researches in such branches as
were the favored objects of that bill, have in general little
of a really scientific character. Geology, mineralogy, even
chemistry, are but assemblages of apparent facts, empiri-
cally established ; and this must always be true, to a great
extent, of every study which rests upon observation and
experiment alone. True science is the classification and
arrangement of necessary primary truths, according to their
relations with each other, and in reference to the logical
deductions which may be made from them. Such science,
the only absolute knowledge, is the highest and worthiest
object of human inquiry, and must be drawn from deeper
sources than the crucible and the retort.

The bill provides for the construction of buildings, with
suitable apartments for a library, and for collections in the
various branches of natural knowledge and of art, and di-
rects the annual expenditure of a sum “ not exceeding an
average of ten thousand dollars, for the gradual formation
of a library composed of valuable works pertaining to all
departments of human knowledge.” As I have already
indicated, I consider this the most valuable feature of the
plan, though I think the amount unwisely restricted ; and
I shall confine the few observations I design to submit
respecting the bill chiefly to the consideration of this single
provision. I had originally purposed to examine the sub-
ject from quite a different point of view, but the eloquent
remarks of the chairman of the special committee, (Mr.
Owen,) which seem to be intended as an argument rather
against this provision than in favor of the bill, and as a
reply to the able and brilliant speech of a distinguished
member of another branch of Congress, upon a former
oceasion, (Mr. Choate,) has induced me to take a somewhat
narrower range than I should otherwise have done. [
wish, sir, that Senator were here to rejoin, in his own
proper person, to the beautiful speech of the gentleman
from Indiana, who seems rather to admire the rhetoric,
than to be convinced by the logic, of the eloquent orator to
whom I refer. In that case, sir, I think my friend from

416 CONGRESSIONAL PROCEEDINGS.

Indiana, trenchant as are his own weapons, would feel, as
many have felt before, that the polished blade of the gen-
tleman, who lately did such honor to Massachusetts in the
Senate of the United States, is not the less keen, because, like
Harmodius and Aristogiton, he wraps it in sprays of myrtle.

It has been objected by some, that the appropriation is
too large for the purpose expressed—“ The gradual for-
of a library composed of valuable works pertaining to all
departments of human knowledge.” But if we consider
how much is embraced in these comprehensive words, we
shall arrive at a very different conclusion. The great libra-
ries of Europe range from 200,000 to 500,000, or perhaps
even 750,000 volumes. That of the university of Gottin-
gen, the most useful of all for the purposes of general
scholarship, contains about 300,000. How long would it
require to collect a library like this, with an annual ex-
penditure of ten thousand dollars? The library of Congress
is said to have cost about $3.50 per volume; but as a whole
it has not been economically purchased, and though com-
posed chiefly of works which do not maintain a permanently
high price, yet as a large proportion of the annual purchases
consists of new books from the press of London, the dear-
est book market in the world, its cost has been much higher
than that of a great miscellaneous library ought to be. The
best public library in America, for its extent, (10,000
volumes,) which I am happy to say is that of the university
of my native State, Vermont, costs but $1.50 per volume.
It can hardly be expected, that Government, which always
pays the highest price, will be so favorably dealt with; and
it is scarcely to be hoped, that it will succeed in securing
the services of so faithful and so competent an agent as was
employed by the University of Vermont.

I have myself been, unfortunately for my purse, a book-
buyer, and have had occasion to procure books, not only
in this country, but from all the principal book marts in
Western Europe. From my own experience, and some in-
quiry, I am satisfied that the whole cost of such books as a
national library ought to consist of, including binding and
all other charges, except the compensation and travelling
expenses of an agent, should not exceed two dollars per
volume. If you allow $2,000 for the compensation and ex-
penses of an agent, (which would not be increased upon a
considerably larger expenditure,) you have $8,000 remain-
ing, which, at the average cost I have supposed, would
purchase four thousand volumes a year. How long, I re-
peat, would it require at this rate to accumulate a library

TWENTY-NINTH CONGRESS, 1845-47. 417

equal in extent to that of Gottingen? More than seventy
years. In some seventy years, then, in three score years
and ten, when you sir, and JI, and all who hear my voice,
and all the present actors in this busy world shall be num-
bered with the dead, we may hope, that free, enlightened
America, by the too sparing use of the generous bounty
of a stranger, will possess a collection of the recorded work-
ings of the human mind, not inferior to that enjoyed by a
single school in the miniature kingdom of Hanover! And
what provision is made for the increase of books meanwhile ?
Look at the activity of the presses of London and Paris—at
the vastly prolific literature of Germany—at the increasing
production of our own country—to omit the smaller but still
valuable contributions to the store of human knowledge in
the languages of other countries, and you will perceive that
this appropriation, so far from being extravagantly large,
will scarcely even suffice for keeping up with the current
literature of the day. Gottingen meantime will go on.
Her 300,000 volumes will increase in seventy years to half
a million, and we shall still lag 200,000 volumes behind.

The utility of great libraries has been questioned, and it
has been confidently asserted, that all truly valuable knowl-
edge is comprised in a comparatively small number of vol-
umes. It is said that the vast collections of the Vatican,
of Paris, of Munich, and of Copenhagen are, in a great
measure, composed of works originally worthless, or now
obsolete, or superseded by new editions, or surpassed by
later treatises. That there is some foundation for this
opinion, I shall not deny; but after every deduction is made
upon these accounts, there will still remain in any of these
libraries a great number of works which, having originally
had intrinsic worth, have yet their permanent value. Be-
cause a newer, or better, or truer book, upon a given sub-
ject, now exists, it does not necessarily follow that the older
and inferior is to be rejected. It may contain important
truths or interesting views that later, and, upon the whole,
better authors have overlooked—it may embody curious
anecdotes of forgotten times—it may be valuable as an illus-
tration of the history of opinion, or as a model of composi-
tion; or if of great antiquity, it may possess much interest
as a specimen of early typography.

Again, because any one individual, even the most learned
cannot, in this short life, exhaust all art, because he can
thoroughly master but a few hundred volumes, read, or even
have occasion to consult, but a few thousands, we are not
therefore authorized to conclude that all beyond these are

27

418 CONGRESSIONAL PROCEEDINGS.

superfluous. Each of the hundred authors, who have pro-
duced those thousands of volumes, had read also Ais thousands.
The scholar is formed, not by the books alone that he has
read, but he receives, at second hand, the essence of multi-
tudes of others; for every good book supposes and implies
the previous existence of numerous other good books.

An individual even of moderate means, and who is con-
tent to confine his studies within somewhat narrow bounds,
may select and acquire for himself a library adequate to his
own intellectual wants and tastes, though entirely unsuited
to the purposes of one of different or larger aims, and by
the diligent use of this, he may attain a high degree of men-
tal culture; but a national library can be accommodated to
no narrow or arbitrary standard. It must embrace all
science—all history—all languages. It must be extensive
enough, and diversified enough, to furnish aliment for the
cravings of every appetite. We need some great establish-
ment, that shall not hoard its treasures with the jealous
niggardliness which locks up the libraries of Britain, but
shall emulate the generous munificence which throws open
to the world the boundless stores of literary wealth of Ger-
many and France—some exhaustless fountain, where the
poorest and humblest aspirant may slake his thirst for
knowledge, without money and without price.

Of all places in our territory, this central heart of the
nation is the fittest for such an establishment. It is situated
in the middle zone of our system—easily and cheaply acces-
sible from every quarter of the Union—blessed with a mild,
a salubrious, and an equable climate—abundant in the nec-
essaries and comforts of physical life—far removed from
the din of commerce, and free from narrow and sectional
influences.

Letus here erecta temple of the muses, served and guarded
by no exclusive priesthood, but with its hundred gates thrown
open, that every votary may enter unquestioned, and you
will find it thronged with ardent worshippers, who, though
poverty may compel them to subsist, like Heyne, on the
pods of pulse and the parings of roots, shall yet forget the
the hunger of the body in the more craving wants of the
soul.

From the limited powers of our National Government,
and the jealous care with which their exercise is watched
and resisted, in cases where the interests of mere humanity
—not party—are concerned, it can do little for the general
promotion of literature and science. The present is a rare
opportunity, the only one yet offered, and never perhaps, to

TWENTY-NINTH CONGRESS, 1845-47. 419

be repeated, for taking our proper place among the nations
of the earth, not merely as a political society, but as patrons
of knowledge and the liberal arts. The treasures of our
national wealth are, perhaps, not at our command for this
purpose; and it is only by the discreet use of this bequest,
and of the funds which private liberality will assuredly con-
tribute to extend the means of the institution, that we can
hope to kindle a luminary, whose light shall encompass the
earth, and repay to Europe the illumination we have bor-
rowed from her.

The library of Gottingen, of which I have spoken, con-
tains six times as many volumes as the largest American
collections ; it has been accumulated within a comparatively
short period—scarcely a century—and, having been selected
upon a fixed plan by the ablest scholars in the world, it
contains few books originally without merit, few duplicates,
and few which the progress of science and literature have
rendered worthless. And yet, though upon the whole the
best existing library, it, in many departments, does not ap-
proach to completeness, and the scholars who resort to it
are often obliged to seek elsewhere sources of knowledge
which Gottingen does not afford.

We shall perhaps be best able to estimate our own defi-
ciencies and wants by comparing the contents of our Con-
gressional Library with the actual extent of existing litera-
ture. The Library of Congress contains more than 40,000
volumes, in general valuable and well chosen, with not
many duplicates, not many books that one would altogether
reject. It is not composed, like too many of our public
libraries, in any considerable decree, of books which have
been given, because the proprietor found them too worthless
to keep, but it has been almost wholly purchased and selected
from the best Huropean sale catalogues, and yet there is no
one branch of liberal study, even among those of greatest
interest to ourselves, in which it is not miserably deficient.

There is, perhaps, no better general catalogue of such
books, in the various departments of learning, as are prized
by collectors, than the Table Methodique, in the last edition
of Brunet’s Manuel du Libraire. Brunet enumerates more
than 80,000 works, making, in the whole, about 100,000
volumes, and professes to specify only the most important
and the rarest. The list contains, no doubt, very many
works of little intrinsic worth, or even adventitious interest ;
but it is, perhaps, not too much to say, that a library of the
larger class ought to possess at least 25,000 of the volumes
it specifics. But this list is even tolerably complete in but

420 CONGRESSIONAL PROCEEDINGS.

few departments. In French history and literature, in civil
and international law, in the history and literature of class-
ical antiquity and of early typography, in theology, in
medicine, you will find it perhaps nearly satisfactory ; but
in the history and literature of all other nations, and in
almost every other field of inquiry but those I have men-
tioned, the learned scholar will miss the titles of many
more valuable works than he will find, while many highly
interesting and important chapters are almost entirely
blank. The Congressional Library does not probably con-
tain one-fourth even of the small proportion of Brunet’s -
list which I have described as of intrinsic and permanent
value. But are there not numerous branches of knowledge
well worthy a place in every great literary repository, and
which are yet wholly unrepresented in our alcoves? Let
us devote a moment to some dry statistics concerning the
literature of continental Europe. The Bibliotheca Historica
Sueo-Gothica of Warmholtz, the last volume of which ap-
peared in 1817, enumerates no less than 10,000 works illus-
trative of the history of Sweden alone; and the thirty years
since have added greatly to the number. The Literatur-
Lexicon of Nyerup, published in 1820, gives the titles of
probably an equal number of works belonging to the liter-
ature of the countries subject to the Danish crown. Hol-
land, too, has noble historians, naturalists, poets, and
dramatists, and has produced many works of unsurpassed
value upon the history of commerce and navigation. The
list of Brunet contains not one in ahundred of the standard
authors of these several countries; and the Library of Con-
gress, as far as I remember, does not possess a volume in
the language of either of them. Again, consider the vast
extent and surpassing value of the literature of Germany.
Of the 38,000,000 different volumes of printed books sup-
posed to exist, it is computed that more than one-third are
in the German language. The learning of Germany em-
braces every field of human inquiry, and the efforts of her
scholars have done more to extend the bounds of modern
knowledge than the united labors of the rest of the Chris-
tian world. Every scholar familiar with her literature—let
me not say familiar, for life is too short for any man to
count its boundless treasures—but every enlightened stu-
dent who has but dipped into it, will readily confess its
infinite superiority to any other, I might almost say to all
other literatures. It has been affirmed, that more than
one-half of our population is of recent German origin, and
German is the vernacular tongue of extensive districts of

TWENTY-NINTH CONGRESS, 1845-47. 421

American soil. Yet the Library of Congress contains not
one hundred, probably not fifty, volumes in that noble lan-
guage. You have none of the numerous writers of the
vast empire of Russia, or of Poland; nothing of the curious
literatures of Hungary and Bohemia; only the commonest
books in Italian and Spanish; not a volume in the language
of Portugal, rich as it is in various literature, and especially
in the wild yet true romance of Oriental discovery and con-
quest, that comes down to us through the pages of learned
De Barros and quaint old Castanheda, ringing upon the ear
and stirring the blood like the sound of a far-off trumpet.
In the boundless world, too, of Oriental learning, of which
our increasing commercial relations with the countries of
the East render it highly desirable that we should possess
the means of acquiring a knowledge, you have nothing to
show but a few translations of the bible, and perhaps some
works of devotion or elementary religious doctrine, which
American missionaries have presented you.

Will it not be admitted that an American library, the
national library of a people descended from men of every
clime, and blood, and language—a country which throws
open its doors as an asylum for the oppressed of every race
and every tongue, should be somewhat more comprehensive
in its range? That it should at least have some represent-
atives of every branch of human learning, some memorials
of every written tongue that is spoken within its borders ?

But, even in English literature, our library is sadly mea-
gre. Mow far are we from possessing a tolerably complete
series of the English printed books of the fifteenth and
sixteenth centuries, or even of that best age of English
learning, that age with which every honest American most
truly sympathizes, the age of Cromwell and of Milton?
Would it not be well to have at our command the means of
enabling some diligent scholar to write what has not yet
been worthily written, or indeed scarce even attempted, a
complete history of the literature of our Anglo-Saxon
mother tongue—or to perform that Herculean task, which,
in spite of the vaunted but feeble labors of Webster, re-
mains still to be accomplished, the preparation of a respect-
able English dictionary ?

If there is any department of learning, in which a library
selected for the use of the representatives of a democracy
should be complete, it is that of history. But what have
we of the sources of historical investigation? Histories
indeed we have, but little Aéstory. True, we have Robert-

422, CONGRESSIONAL PROCEEDINGS.

son, and Hume, and Voltaire, and Gibbon, and, above all,
Alison, a popular writer in these days, and—

“Like Sir Agrippa, for profound
And solid lying, much renowned ;”’

but of those materials from which ¢rue history is to be
drawn, we have little, very little. The works belonging to
the proper history of the American Continent alone, every
one of which it would be higbly desirable to possess, num-
ber certainly more than 20,000 volumes, fully equal to one-
half the Congressional Library, and of these we have, as
yet, but a small proportion.

If the bounty of the generous foreigner, in spite of the
broad language which expresses his liberal purpose, is to be
confined to the narrow uses which some gentlemen propose,
the appropriation of $10,000 per annum is unnecessarily
large, at least for permanent expenditure. A moderate
amount would collect all that is worth buying in the experi-
mental sciences, and a small annual appropriation would
keep up with the advance of knowledge in this department.
But it is due to ourselves, due to our age, due to the lofty
views which inspired a benefaction so splendid—a gift
clogged with no narrow conditions—that we act in a more
generous, a wider, a more catholic spirit; that we remember,
that “ knowledge” embraces other arts than those of bread;
that man’s economical interests are not his highest.

The purpose of the testator, which we are to carry out,
was ‘the increase and diffusion of knowledge among men.”
What, then, is the most efficient means of increasing and
diffusing knowledge? Increase, accumulation, must pre-
cede diffusion. Every rill supposes a fountain; and know-
ledge cannot “flow down our streets like a river,” without
there be first built and filled a capacious reservoir, from
which those streams shall issue. It is an error to suppose
that the accumulation of the stores of existing learning,
the amassing of the records of intellectual action, does not
tend also to increase knowledge. What is there new in the
material world, except by extraction or combination? How
are new substances formed, or the stock of a given substance
increased, by the chemistry of nature or of art? By new
combinations or decompositions of known and pre-existing
elements. The products of the experimental or manufac-
turing laboratory are no new creations; but their elements
are first extracted by the decomposition of old compounds,
and then recombined in new forms. Thus is it also, in
some degree, with the immaterial products of the human
mind; but there is this difference; knowledge grows not

TWENTY-NINTH CONGRESS, 1845-47. 423

alone by extraction and combination, but, unlike the dead
matter with which chemistry deais, it is itself organic,
living, productive. There is moreover, as I have already
hinted, between all branches of knowledge and of liberal
art, whether speculative or experimental, such an indissol-
uble bond, such a relation of interdependence, that you
cannot advance any one without at the same time promoting
all others. The pioneer in every walk of science strikes
out sparks that not only guide his own researches, but
illuminate also the paths of those around him, though they
may be laboring in quite other directions. Examples of
this kind might be multiplied without end, but I will con-
tent myself with an illustration or two from a science which
deals only in abstract numbers and imaginary quantities,
and utterly rejects experiment and observation as tests of
truth or as instruments of its discovery. Who would have
supposed that the intervals of the diatonic scale in music
were capable of exact appreciation, and their relations of
precise ascertainment, by numerical quantities? Who
would have expected that pure mathematics would have
been appealed to to decide between the rival claims of the
corpuscular and the undulatory theories of light; or to
ascertain the proportions and relations of elementary bodies
not appreciable by any of the senses, in chemical combina-
tions; or, as my accomplished friend from South Carolina
(Mr. Holmes) suggests, that the authenticity of a disputed
text in the Scriptures would be determined by an algebraical
theorem? What do not astronomy, navigation, civil engi-
neering, practical mechanics, and all the experimental
sciences, owe to this one science, which in its investigations
appeals to no empiricism, calls in the aid of none of the
senses, none of the machinery of art or of nature.

But, independent of this particular point, the aid which
the physical sciences may expect to derive from mere specu-
lative knowledge, I should hope that at this time, and in
this place, one might safely venture a plea in behalf ot all
that higher knowledge which serves to humanize, to refine,
to elevate, to make men more deeply wise, better, less
thoughtful of material interests, and more regardful of
eternal truths. And let it not be said that our own brief
history proves that great libraries are superfluous, because
without them we have produced statesmen, civilians, orators,
and jurisprudents, no wise inferior to the ablest of their
European contemporaries. Without dwelling upon the
stimulus of popular institutions, and the stirring excite-
ment of our revolutionary and later history, which have

424 CONGRESSIONAL PROCEEDINGS.

tended to encourage the development of this species of
talent, the objection is sufficiently answered by saying that,
in the case of most of the American statesmen of the
Revolution, as well as of many of later date, private wealth
has supplied the place of public provisions for the attain-
ment of knowledge. In the period of our colonial history,
the sons of wealthy families were often educated in the best
schools of Europe, and the framers of our Constitution
were chiefly men of high education and elegant attainments.
Jefferson, whose writings are canonical with the democracy,
had the best private library in America, and was a man of
multifarious, if not of profound learning. The State papers
of that remarkable era are, with few exceptions, obviously
productions of men not merely of inspired genius or of
patient thought, but of laborious acquisition; and they are
full, not of that cheap learning which is proved by pedantic
quotation, but of that sound discipline which is the un-
equivocal result of extensive reading and diligent research.
Who have been the men, in all ages that have exercised the
widest and most permanent influence both on the moral
and physical well-being of man? ‘The spirit of the crusades
was roused by the preaching of a thoughtful solitary : Colum-
bus was a learned scholar, and Luther but a studious monk.
Watt, the great improver of the steam engine, was a man of
curious and recondite learning. Bonaparte was carefully
educated at the school of Brienne, and was through life a
liberal patron of learning and the arts. The glorious rebel-
lion of 1649 was the work of men of the closet; and Milton,
who to our shame is less known among us by his prose than
by his poetry, was its apostle. Our own independence was
declared and maintained by scholars, and all men know
that the French revolution had its germ in the writings of
the Encyclopeedists. All men, in fact, who have acted upon
opinion, who have contributed to establish principles that
have left their impress for ages, have spent some part of
their lives in scholastic retirement. It is this very point—
the maintenance of principles discovered and defended by
men prepared for that service by severe discipline and labor-
ious study—that so strikingly distinguishes the English
rebellion of 1649 and our own Revolution from most other
insurrectionary movements, and particularly from the
French revolution. The English and American statesmen
of those two periods were contending for truths, the French
atheists and philosophers for interests ; the former sought to
learn their duties, the latter concerned themselves only about

TWENTY-NINTH CONGRESS, 1845-47. 425

their rights ; the Anglo-Saxon was inspired by principle, the
Gaul was instigated ‘by passion.

The principles of American liberty, which education and
habit have rendered so familiar to us, that we fancy them
intuitive or even instinctive, are in truth no more obvious
than the physical theory of the universe; and the study of
the philosophical and political history of the last three cen-
turies will convince every inquirer, that their development
from their germs, as involved in the fundamental doctrines
of the Reformation, has been the work not of unconscious
time only, but has required the labor of successive genera-
tions of philosophers and statesmen.

IT look upon a great and well selected library, composed
of the monuments of all knowledge, in all tongues, as the
most effective means of releasing us ‘from the slavish defer-
ence, which, in spite of our loud and vaporing protestations
of independence, we habitually pay to English precedents
and authorities, in all matters of opinion. Our history and
our political experience are so brief, that, in the multitude
of new cases which are perpetually arising, we are often at a
loss for domestic parallels, and find it cheaper to cite an Eng-
lish dictum than to investigate a question upon more inde-
pendent grounds. Not only are our parliamentary law, our
legislative action, our judicial proceedings, to a great extent
fashioned after those of the mother country, but the funda-
mental principles of our Government, our theory of the
political rights of man, are often distorted, in order that
they may be accommodated to rules and definitions drawn
from English constitutional law. Hven the most sacred of
political rights, the right of petition, I have heard both
attacked and defended upon this floor, by very sufficient
Democrats, entirely upon precedents drawn from the prac-
tice of the British Parliament, Our community of origin,
language, and law, exposes the younger nation to the con-
stant danger of being overshadowed by the authority of the
elder. It is a great evil to a young and growing people, as
well as to a youthful and aspiring spirit, to have its energies
cramped, and its originality smothered, by a servile spirit of
conformity to any one model, however excellent; and it is
quite time for us to learn, that there are other sources of
instruction than the counsels and example of our ancient
m other.

Sir, I make these remarks in no narrow feeling of jealous
hostility to England; still less at this crisis, when some are
seeking to raise a whirlwind of popular indignation against
that country , upon which they may themselves float to

426 CONGRESSIONAL PROCEEDINGS.

power, would I join in any vulgar denunciations of a people
from whom we have borrowed so much. We owe to Eng-
land much of our political principles, many of the founda-
tions of our civil and religious liberties, many of the most
valuable features of our jurisprudence. Something, indeed,
we have repaid. England, in common with all Europe, has
profited by our experience. The grasp of feudal oppression
has been relaxed, the atrocious severity of the criminal law
has been mitigated, judicial proceedings have been simpli-
fied, the subject has been admitted to a larger participation
in the concerns of government, monopolies are becoming
obsolete, and the responsibilities of rulers are felt to be
more stringent. To the credit of many of these ameliora-
tions we may fairly lay claim; while in science, and its
application to the arts, we have sustained no disgraceful
rivalry with our transatlantic brethren. But no generous
man thinks his debt of gratitude canceled till it is thrice
repaid, and we have therefore yet much to do, before we
can say that America is no longer the debtor of England.
Let us, then, seize this one opportunity which a son of her
own has offered us, and build with it a pharos, whose light
shall serve as well to guide the mariner in the distant hori-
zon, as to illuminate him who casts anchor at its foot.

But what are we offered instead of the advantages which
we might hope to reap from such a library as I have de-
scribed? We are promised experiments and lectures, a
laboratory and an audience hall. Sir, a laboratory is a
charnel house, chemical decomposition begins with death,
and experiments are but the dry bones of science. It is
the thoughtful meditation alone of minds trained and dis-
ciplined in far other halls, that can clothe these with flesh,
and blood, and sinews, and breathe into them the breath of
life. Without a library, which alone can give such training
and such discipline, both to teachers and to pupils, all these
are but a masqued pageant, and the demonstrator is a har-
lequin. This is not a question of idle speculation, it is one
that experience has answered. There are no foci which are
gathering and reflecting so much light upon the arcana of
natural science as the schools of Paris and of Germany,
and all scholars are agreed that the great libraries of those
seminaries, and the mental discipline acquired by the use of
them, are, if not the sole means, at least necessary condi-
tions, of their surpassing excellence.

But we are told that these experimental researches will
guide us to the most important of all knowledge, that,
namely, of common things. Sir, what are common things?

|

TWENTY-NINTH “CONGRESS, 1845-47. 427

Is nothing common but these material frames of ours;
nothing, but the garments we wear, the habitations that
shelter, and the food that nourishes us; nothing, but the
air we breathe, the fowls of heaven, the beasts of the field,
the herbs, the trees, and the rocks around us? Is nothing
common but the glittering sands beneath our feet, and the
glittering stars on which we gaze? Sir, these are indeed
common, and well it is to understand their uses, and so far
as our dim vision can pierce, even their natures also. But
are there not things even more common, nearer to our in-
most selves, harder indeed, but more profitable to be under-
stood; objects not limited by the three dimensions, not
ponderable, not cognizable by any of the senses, and yet
subjects of precise definition, of logical argument, of phil-
osophical interest, and of overwhelming importance? Sir,
the soul of man is a very common thing; his relations to
his Maker and to his fellows, the laws of his moral and
intellectual being, his past history and his probable future
destiny, the principles of government and the laws of polit-
ical economy—all these are common things, the commonest
indeed of all things, and shall we make no provision for
instruction in these ?

But, sir, the knowledge of what are called the physical
sciences is of far less importance, even in reference to the
very objects which they are supposed especially to promote,
than is generally believed. There was an age—I should
say ages—brilliant and glorious ages of philosophers, of
statesmen, of patriots, of heroes, and of artists, and arti-
zans too; when, as yet, the sciences of chemistry, and
mineralogy, and metallurgy had neither name nor being—
when experimental research was unknown, and the raw
material of the arts was prepared for subsequent manipula-
tion in no laboratory but the hidden workshops of nature—
when the profoundest philosophers were content with resolv-
ing all material things into the four elements, and men knew
nothing of that subtle analysis and those strange powers,
whereby the elements themselves are decomposed, the in-
gredients of the atmosphere solidified, and granite, porphyry
and adamant, resolved into imperceptible gases. And what
sir, have our boasted researches taught us to accomplish in
the industrial arts, that the cunning workman of Egypt, and
Tyre, and Greece could not do three thousand years ago?
Can our machinery rear loftier piles than. the Pyramids, or
move more ponderous masses than the stones of Persepolis,
or the monolithic temples of Egypt? Is a European prin-
cess arrayed in finer webs than the daughter of a Pharaoh,

428 CONGRESSIONAL PROCEEDINGS.

or decked in colors more gorgeous than the Tyrian purple ?
Can the chemistry of England compound more brilliant
or more durable pigments than those which decorate the
walls of the catacombs of the Nile? Can the modern
artist, with all the aid of his new magnifiers, rival the
microscopic minuteness of some ancient mosaics; or can
the glass-workers of our times surpass the counterfeit gems
of antiquity ?

Sir, modern chemistry, metallurgy, and machinery, have
multiplied, cheapened, and diffused—not improved—the
products of industrial art; and herein lies our superiority,
not that we can do better, but, by bringing to our aid the
obedient forces of nature, we can do more, than our prede-
cessors. In this point of view, regarding modern improve-
ments in these arts as the great equalizers of the conditions
of different ranks in society, no man can estimate them
more highly than I do, and 1 hope soon to have an opportu-
nity of showing that I duly appreciate them. But I must
protest against that classification of the objects of human
knowledge, which, by giving them an undue pre-eminence,
elevates empiricism above true science, prefers matter to
mind, and, in its zeal to advance the means, quite loses sight
of the end.

Sir, these arts are the right hand, not the spirit, of true
progressive democracy; they are the lever that shall move
the world, not the immaterial mind that shall guide it.

Mr. Chairman, at present I neither propose nor expect
any modification of this bill. I am content with it as an
experiment, though I should prefer the appropriation of
the entire income of the fund for one generation—three
times only as long as it has now lain idle—to the purpose of
founding such a library as the world has not yet seen.
If I support the bill, I shall support it, I repeat, as an
experiment, but in the confident hope that the plan will
soon be so changed as to make the Smithsonian Institution
a fitter representative of a charity which embraces all knowl-
edge as its object, and appoints the whole human race its
beneficiaries.

Mr. Morse said he desired to submit a few observations
in relation to the disposition of this fund.

Expressing the pleasure which he had derived from the
argument of the learned and eloquent gentleman, [Mr.
Marsu,] who had just taken his seat, he [Mr. Morse] was
still of opinion that if anything could be drawn from the
character of the testator, or from his habits and pursuits, as
to the direction which he desired his bequest should take, it

TWENTY-NINTH CONGRESS, 1845-47. 429

was of a much more practical nature than that contemplated
either by the gentleman from Vermont, [Mr. Marsu,] or by
the originators of the bill before the House. Mr. Smithson
was a practical man; and although endowed with the high-
est learning, he yet condescended to devote his time to a
subject of the most domestic and homely character. If his
intention had been to establish a university, or a magnifi-
cent library, and thus to have his name transmitted to pos-
terity, it would have been easy for him to have said so, and
nothing would have been left to this country but to carry
out his enlightened and liberal intentions. But he had no
doubt studied the peculiar character of the American peo-
ple, and discovered, that whilst they entertained a proper
respect for the learning and genius of the German universi-
ties, of the sciences taught in the universities of Europe,
still there was something in the common sense and practical
knowledge of that people which comported with his notions ;
and he desired that this money should be devoted to some
plan of diffusing practical and useful knowledge amongst
them.

Mr. Morss referring to some portions of the argument of
Mr. Mansu, inquired what there was in the learning and
science of Hurope comparable to the discovery of the steam
engine by an American, or of the cotton-gin, or of the
magnetic telegraph? All our inventions had a tendency to
improve the condition of the human race, and particularly
of the common people; and it was no doubt under a just
and proper appreciation of that character, that the testator
left his money to be applied to such objects. Did he intend
to establish a university? No. Did he intend to establish
a magnificent library? No. He knew that the world was
full of musty compilations, of the productions of learned
authors, to be wondered at more for their extent than for
their usefulness. He (Mr. M.) was not among the number
of those who wished to depreciate the learning treasured
up for ages past by the book-makers and book-collectors of
all nations; but he proposed to offer to the consideration of
the committee a substitute, which, he thought, would re-
move some of the constitutional objections raised against
the bill, and which would, in his judgment, meet the inten-
tion of the donor.

We did not wish, however, to interfere with the progress
of this bill. He concurred in the opinion which had been
expressed, that it was a crime, a burning sin, that this
nation should have held this money for ten years, in viola-
tion of a solemn trust, and in violation of the solemn obli-

430 CONGRESSIONAL PROCEEDINGS.

gations imposed upon every man who, at this bar, had
taken the oath to support the constitution and to act for the
best interests of the people. It was in violation of that
spirit which ever ought to actuate the American nation, to
be the recipient of this munificent sum, and yet to sufter
the people—the masses, the 07 polloi—to be so long deprived
of any benefit from it. Butif there was strength enough
in the House to pass the bill, he had no particular pride in
taking another course. He should, therefore, submit his
proposition at the proper time, leaving the committee to act
upon it as it might think proper.

The substitute, of which Mr. M. gave notice, is in the fol-
lowing words :

A BILL to establish the Smithsonian Institution for the ‘increase and
diffusion of knowledge among men.”’

Whereas James Smithson, Esquire, of London, in the Kingdom of Great
Britain, by his last will and testament did give the whole of his property
to the United States of America, to found, at Washington, under the name
of the Smithsonian Institution, an establishment for the increase and diffu-
sion of knowledge among men; and whereas the creation of a university,
academy, or college, is liable to constitutional difficulties, sectional jeal-
ousies, and would absorb a large proportion of the funds in the erection of
buildings, and would more or less interfere with the numerous institutions
throughout our country; and with a view of carrying out, in the simplest
form, the benevolent intentions of the donor:

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the management of this fund
shall be entrusted to a board of managers, to be styled the Trustees of the
Smithsonian Legacy, to be composed of the President and Vice President
of the United States, the Chief Justice, during the time for which they
shall hold their respective offices, the heads of the ditferent departments,
the foreign ministers, the Mayor of the city of Washington, members of the
Senate and House of Representatives, together with seven other persons,
two of whom shall be members of the National Institute, and resident in
the city of Washington, and the other five thereof shall be inhabitants of
States, and no two of them of the same State. And the managers to be
selected as aforesaid from Congress shall be appointed immediately after the
passage of this act—the members of the Senate by the President thereof,
and the members of the House by the Speaker thereof; and those so ap-
pointed shall serve until the fourth Wednesday of December the second next
after the passage of this act; and then, and biennially thereafter, on every
alternate fourth Wednesday of December a like number shall be appointed in
thesame manner to serve until the fourth Wednesday in December the second
succeeding their appointment; and they shall also constitute and be denomi-
nated a joint standing committee of Congress on the Smithsonian Institution ;
and vacancies occasioned by death, resignation, or otherwise, shall be filled as
vacancies in committees are filled; and the other seven managers aforesaid
shallserve for the term of two years from the fourth Wednesday of December
next after the passage of this act; when, and on every alternate fourth
Wednesday of December thereafter, a new election thereof shall be made
by joint resolution of Congress; and vacancies occasioned by death, resig-
nation, or otherwise, may be filled in like manner, by joint resolution of
Congress. And the said managers shall meet and organize, by the choice
of a president, in the city of Washington, on the first Monday in September

ro)

TWENTY-NINTH CONGRESS, 1845-47. 431

next after the passage of this act, and they shall then fix on the times for
regular meetings of the board; and on application of any three of the man-
agers to the superintendent of the said institution, it shall be his duty to
appoint a special meeting of the board, of which he shall give notice by
letter to each of the members; and at any meeting of the board of man-
agers, five shall constitute a quorum todo business. And each member of
the board of managers shall be paid his necessary traveling and other actual
expenses in attending meetings of the board, which shall be audited and
recorded by the superintendent of the institution; but his service as mana-
ger shall be gratuitous, And whenever money is required for the payment
of the debts or performance of the contracts of the institution, incurred or
entered into in conformity with the provisions of this act, or for making
the purchases and executing the objects authorized by this act, the superin-
tendent or the managers, or any three thereof, may certify to the president
of the board that such sum of money is required; whereupon, he shall sub-
mit the same to a committee of three of the managers, appointed for that
purpose, for examination and approval; and upon such examination and
approval, he shall certify the same to the proper officer of the Treasury for
payment. And the said board shall make all needful rules, regulations, and
by-laws, for the government of the institution and the persons employed
therein, and shall submit to Congress, at each session thereof, a report of
the operations, expenditures, and condition of the institution.

And be it further enacted, That, so soon as the board of managers shall
be regularly and legally organized, it shall be their duty to cause to be pub-
lished, for the space of one year, in such of the most widely circulated
newspapers in the United States and in Europe, as they may deem best, the
offer of suitable rewards or prizes for the best written essay on ten subjects,
the most practical and useful which the majority of said board shall deter-
mine upon. And when, after a decision upon the relative merits of the
different essays, they determine to which the prize shall be awarded on the
several subjects, it shall be their duty to have as many copies of each of the
essays printed as they may deem best, to be distributed to the Governors of
the several States ; to the several incorporated literary universities ; to such
European institutions as they may choose; and the balance to be distributed
throughout the United States, by the members of Congress, thus fulfilling,
in the letter and spirit, the wise and comprehensive intentions of the donor
for the increase and diffusion of knowledge among men.

Mr. Owen desired to say a few words in reply to the gen-
tleman from Vermont, [Mr. Marsu,] and the gentleman
from Louisiana, [Mr. Morsz.] The gentleman from Lou-
isiana had already given the most important item in reply
to the gentleman from Vermont—namely, that we had no
right to run counter to what might clearly seem to be the
intention of Mr. Smithson. This fund was not ours; it
was intrusted to us for a special purpose; and unless we
could believe that he would desire, if living, the establish-
a of a library, the money ought not to be so appropri-
ated.

This bill had been framed in a spirit of compromise. The
original Senate bill of the last session appropriated $5,000
for this object. The gentleman from Vermont, Mr. Owen
believed, proposed twenty thousand. The bill proposed
a medium—a sum not exceeding ten thousand dollars. He
hoped the House would not go further. A gentleman who

432 CONGRESSIONAL PROCEEDINGS.

had formerly been librarian of Congress, in conversation
with him, had said that he thought it was impracticable to
purchase, with advantage, more than ten thousand dollars’
worth of books. The duty must be intrusted to one agent,
to prevent the purchase of duplicates; and no one agent
could purchase advantageously more than this amount; so
that there was a practical difficulty in the way.

In relation to the course suggested by the gentleman from
Louisiana, [Mr. Morsz,] the same plan had occurred to
Doctor Cooper, of South Carolina, but had been rejected
by him. [Mr. Owen here read an extract in support of
this assertion. |

As to a cheap publication branch, he would remind the
committee that we already had one. In looking over the
periodicals of the day, it did not appear that the prize
essays were the best; the voluntary essays seemed to be so.
We should find plenty of treatises of a most useful char-
acter, without paying a dollar for them. The mere gratifi-
cation of having them published would be inducement
sufficient to enable us to obtain them.

The gentleman said that there should be no laboratory ;
that it was not the design of Mr. Smithson. The fact that
Mr. Smithson spent half of his life in a laboratory seemed
to refute this objection.

There was little in the bill of an imperative character in
relation to all these various*branches. Its phraseology was
“may.” If, therefore, it was discovered that one branch
would be more beneficial than another, there was the power
to adopt it. There was nothing at all binding about it.

Mr. CuipmMaNn spoke urgently in opposition to the bill.
His first reason for voting (as he said he intended to do}
was based on a fact that was irrevocable—namely, that this
Government, great and powerful as it was—prospering and
progressing as it was in original native intellect, fostered
by institutions known to no other country, and no other
people—should have consented to be the recipient of what
was called here a munificent donation of half a million
from an Englishman to enlightened American republicans
in this country. How did it happen that this Government
accepted such a boon from a foreigner—an Hnglishman,
too. He looked upon it as a stain on the history of the
country, as an insult to the American nation. He wished
this Government to wash its hands of all such eleemosynary
dealings. There was a native stock in this country, intel-
lectual and physical, that needed no foreign aid, and he
trusted in God it would not condescend to receive any.

TWENTY-NINTH CONGRESS, 1845-47. © 433

In making these remarks, he would probably be charged
with being opposed to education. He was opposed to it in
the light in which, in modern times, it was sought to be in-
eulcated in this country—an education which passed over
all thought, all reflection, all originality, and was based upon
an intellectual lumber-house of undigested and indigestible
matter; thrown together in the head of some aspirant after
immortal intellectual fame, without originality enough to
give character, he would not say to what—he had a term,
but probably it might be inappropriate for him to utter it
here. How the donor of this money, being an Englishman,
came to love this country so well, God only knew; but he
(Mr. Chipman) would say that in yielding to his suggestion,
the country had humbled and degraded itself.

He objected to the bill, because, clearly and in terms, it
established a corporation. He appealed to his political
friends, after all their opposition, after all their arguments,
after all their efforts to put down a United States bank on
the ground of its unconstitutionality, whether—tickled,
amused, their pride touched by the great advantages of dis-
pelling the cloud of ignorance which overshadowed the
American Republic—they would now belie all their princi-
ples and all their professions? What distinction was there
between a corporation in the form of a United States bankkx
and a corporation intended to elevate humanity in close ap-
proximation to the throne of Heaven? He appealed to his
friends here—to those who held their seats by virtue of the
very opposition they had made to the Bank of the United
States—whether this Government had the power to create a
corporation? The rose by any other name, &c., and a cor-
poration by any other name, should be as offensive to the
Democracy. Was it necessary to label the animal, that we
might know to what species it belonged, as was done in the
case of the Dutchman’s picture of a man with the horse,
where the name was put upon it, that the beholder might
know what it was? He declared that the bill proposed the
establishment of one of the most withering and deadly cor-
porations, carrying with it all the features of an aristocracy
the most offensive that could be established in any country
under heaven. He was opposed to an aristocracy of wealth ;
but he was in favor of an aristocracy of intellect—not of
false education—not of knowledge that consisted in bring-
ing together exploded ideas—but of that knowledge which
was the offspring of an intellect patented directly by the
Almighty.

28

434 } CONGRESSIONAL PROCEEDINGS.

Mr. Chipman then proceeded to state some general objec-

tions to the bill, diverging considerably into the field of party
olitics.

x Tn conclusion, he declared himself in favor of some such

plan as had been proposed by the gentleman from Tennes-

see, [Mr. Jones. |

On motion of Mr. Bayty, the committee rose, and re-
ported.

Mr. Owen offered a resolution to close the debate in an
hour and a half.

The resolution, by ayes 92 noes 44, was laid on the table.

After some conversation—

On motion of Mr. Apams, the rules were suspended, to
enable him to offer the following substitute amendment to
the bill; which, amendment having been read by itself,
was referred to the Committee of the Whole on the state of
the Union, and ordered to be printed :

Strike out the preamble, and all except the enacting
clause, and insert :

That the President of the United States be requested, by the use of suit-
able means of moral suasion, and no others, to obtain from the Governments
of the States of Arkansas, Illinois, and Michigan, payment of the arrears
of interest due from the said States to the United States, and the interest
thereafter, and the principal as it shall become due, according to the prom-
ises on the face of the bonds given by the said States for moneys bequeathed
by James Smithson, a benevolent Englishman, to the United States of
America, for the special purpose of founding at the city of Washington an
institution for the increase and diffusion of knowledge among men, which
bequest was, by act of Congress, approved on the first of July, 1836,
accepted, with a pledge of the faith of the United States that it should be
applied to the purposes prescribed by the testator.

Suc. 2. And be it further enacted, That when payment shall have been
obtained from the said States of Arkansas, Illinois, and Michigan, of the
arrears of interest due on their said bonds, Congress shall forthwith pro-
ceed to appropriate said sums of interest so recovered, together with the
interest hitherto received, or hereafter to be received, until the time of
making such appropriations, in such manner as they shall deem suited, to
redeem the pledge of the faith of the United States, to the application of
the funds of the bequest of the said James Smithson, to the specific purpose
prescribed by the testator.

Src. 3. And be it further enacted, That until the arrears of interest due
by the said States of Arkansas, Illinois, and Michigan, to the United
States, upon their said respective bonds, shall have been received at the
Treasury of the United States, no appropriation shall be made by Congress

chargeable upon the people of the United States, for the fulfillment of the.

purposes prescribed by the testator, James Smithson, for the disposal of his
bequest.

Sac. 4. And be it further enacted, That within the first thirty days of
each and every successive session of Congress, it shall be the duty of the
Secretary of the Treasury to report to Congress the then actual state of the
Smithsonian fund, and particularly the amount of arrears of interest due
upon the said bonds of the States of Arkansas, Illinois, and Michigan ;
together with copies of all correspondence, showing the result of the means

—

TWENTY-NINTH CONGRESS, 1845-47. 435

of moral suasion used during the preceding year, to obtain payment of the
said arrears of interest ; and the said annual reports shall be printed for the
information of the people.

The further consideration of the bill was postponed uutil
Monday next.

House oF REPRESENTATIVES, April 27, 1846.

The Speaker said the special order of the day was the
bill in relation to the Smithsonian Institution.
Mr. Coss offered the following resolution :

Resolved, That all debate in the Committee of the Whole House on the
state of the Union on House bill (No. 5) to establish the ‘‘Smithsonian
Institution ”’ for the increase and diffusion of knowledge among men, shall
cease in two hours after the same shall be again taken up in the Committee
of the Whole House on the state of the Union, (if the committee shall not
sooner come to a conclusion upon the same;) and the committee shall then
proceed to vote on such amendments as may be pending or offered to the
same, and shall then report it to the House, with such amendments as may
have been agreed to by the committee.

The said resolution was read; when the question was
stated, Will the House agree to the said resolution? Mr.
GRAHAM moved that it be laid upon the table.

And the question being put, it was decided in the nega-
tive—yeas, 78; nays, 82.

The yeas and nays being desired by one-fifth of the mem-
bers present,

Those who voted in the affirmative are—

YEAS—Messrs. John Q. Adame, Arnold, Ashmun, Barringer, Bedinger,
Bell, Buffington, Burt, W. W. Campbell, J. H. Campbell, Carroll, John
G. Chapman, A. A. Chapman, Cocke, Cranston, Crozier, Dargan, Dar-
ragh, Garrett Davis, Delano, Dixon, Dockery, J. H. Ewing, E. H. Ewing,
Foot, Giddings, Graham, Grider, Grinnell, Hampton, Harper, Herrick,
Hoge, E. B. Holmes, 8. D. Hubbard, Hudson, Washington Hunt, Hunter,
C. J. Ingersoll, Joseph Johnson, Daniel P. King, Thomas Butler King,
Lewis, Long, McHenry, Marsh, J. P. Martin, Barkley Martin, Miller,
Morris, Moseley, Parrish, Payne, Pendleton, ° Pettit, Pollock, John A.
Rockwell, Root, Runk, Seaman, Seddon, Severance, A. D. Sims, Truman
Smith, Albert Smith, Caleb B. Smith, Stephens, Strohm, Thibodeaux,
Tilden, Trumbo, Vinton, Wood, Woodruff, Woodward, Wright, Yancey,
and Young.

Those who voted in the negative are—

NAYS—Messrs. Atkinson, Bayly, Biggs, James A. Black, Bowlin,
Brodhead, Brockenbrough, W. G. Brown, R. Chapman, Chipman, Clarke,
Cobb, Collin, Constable, Cunningham, Daniel, J. Davis, Dillingham, Dob-
bin, Dromgoole, Erdman, Faran, Ficklin, Fries, Garvin, Gentry, Giles,
Gordon, Grover, Hamlin, Haralson, Harmanson, Hopkins, Hough, G. §.
Houston, J. B. Hunt, Andrew Johnson, George W. Jones, Seaborn Jones,
Preston King, Lawrence, Leake, Leib, La Sere, Lumpkin, Maclay, Me-
Clelland, McConnell, McCrate, McGaughey, McIlvaine, McKay, Morse,
Moulton, Norris, Owen, Perrill, Phelps, Price, Rathbun, Relfe, Ritter,
Sawtelle, Sawyer, Scammon, Simpson, Thomas Smith, Robert Smith, Stan-
ton, St. John, Strong, Thomasson, Jacob Thompson, Thurman, Tibbatts,
Vance, Wentworth, Wick, Wilmot, Yell, and Yost.

436 CONGRESSIONAL PROCEEDINGS.

The question recurred. on agreeing to the said resolution.

Mr. Coss moved the previous question, which was sec-
onded; and the main question was ordered and put, viz:
Will the House agree to the said resolution? and decided in
the negative—yeas, 73; nays, 85.

The yeas and nays being desired by one-fifth of the mem-
bers present,

Those who voted in the affirmative are—

YEAS—Messrs. Stephen Adams, Atkinson, Bayly, Biggs, Bowlin,
Brockenbrough, Brodhead, William G. Brown, Augustus A. Chapman,
Reuben Chapman, Chase, Clarke, Cobb, Collin, Constable, Cunningham,
Daniel, Dillingham, Dobbin, Dromgoole, Dunlap, Erdman, Faran, Giles,
Goodyear, Gordon, Grover, Hamlin, Haralson, ‘Harmanson, Hopkins,
Hough, George S. Houston, James B. Hunt, Hunter, Andrew Johnson,
George W. Jones, Seaborn Jones, Preston King, Lawrence, La Sere,
Lumpkin, McClelland, McConnell, McCrate, McKay, Morris, Morse,
Moulton, Norris, Payne, Phelps, Price, Rathbun, Reid, Relfe, Ritter, Saw-
yer, Scammon, Seddon, Thomas Smith, Robert Smith, St. John, Strong,
Jacob Thompson, Thurman, Tibbatts, Vance, Wentworth, Wick, Wilmot,
Yell, and Yost.

Those who voted in the negative are—

NAYS—Messrs. John Quincy Adams, Arnold, Barringer, Bedinger,
Bell, Milton Brown, Buffington, Burt, William W. Campbell, John H.
Campbell, Carroll, John G. Chapman, Cocke, Collamer, Cranston, Crozier,
Dargan, Darragh, Garrett Davis, Jefferson Davis, Dockery, John H.
Ewing, Edwin H. Ewing, Foot, Fries, Giddings, Graham, Grider, Grin-
nell, Hampton, Harper, Herrick, Hilliard, Hoge, Elias B, Holmes, Samuel
D. Hubbard, Hudson, Washington Hunt, Charles J. Ingersoll, Joseph R.
Ingersoll, Joseph Johnson, Daniel P, King, Thomas B. King, Leake,
Lewis, Levin, Long, Maclay, James McDowell, McGaughey, McHenry,
McIlvaine, Marsh, Barkley Martin, Miller, Moseley, Parrish, Pendleton,
Perrill, Pollock, John A. Rockwell, Root, Runk, Sawtelle, Schenck, Sea-
man, Severance, Alexander D. Sims, Truman Smith, Albert Smith, Caleb
B. Smith, Stephens, Strohm, Thibodeaux, Thomasson, Tilden, Trumbo,
Vinton, Wood, Woodruff, Woodward, Wright, Yancey, and Young.

So the said resolution was rejected.

House or REPRESENTATIVES, April 28, 1846.

On motion of Mr. Owern, the House resolved itself into
Committee of the Whole on the state of the Union, (Mr.
Burt, of South Carolina, in the chair,) and resumed the
consideration of the bill to provide for the establishment of
the Smithsonian Institution for the increase and diffusion of
knowledge amongst men, and the amendments thereto
pending.

Mr. A. D. Sims said that, before entering on the consider-
ation of the main question before the committee, he desired
to invite its attention to the consideration of the Smithso-
nian fund, and to express his views upon what he considered
to be the true light in which that fund should be regarded.

Under the will of the late James Smithson, the bequest

TWENTY-NINTH CONGRESS, 1845-47. 437

made by him was paid over to the United States. The
money, under the action of Congress, was loaned out to
certain States. No matter for what purpose that fund
might be dedicated, the faith and the honor of the country,
by the action of Congress, were pledged to regard it at all
times as being in the Treasury of the United States; and
the United States was in fact itself a creditor of the States
to whom the money was loaned; so that the Arkansas, or
Michigan, or Illinois bonds or securities—or the securities
of any State to which this money had been loaned—were
in fact debts due to the general Government; and the fund
itself must be regarded as in the Treasury of the United
States.

Mr. McCuetianp here rose to explain, and (Mr. Sims
yielding) Mr. McClelland said that a misapprehension pre-
vailed in the committee as to the payment of the interest by
the State of Michigan on that portion of the Smithsonian fund
invested in the bonds of that State. He considered this
interest paid; and from the report of the Secretary of the
Treasury, it appeared that the amount claimed to be due on
the 1st of January last was $181.07; and this had, in all
probability, been more than paid by the application of the
five per cent. fund up to this period. In June, 1845, the
then auditor-general of the State of Michigan endeavored
to obtain a statement of this account, and the five per cent.
fund, in order to make provision for the payment of any
balance that might be found due, but failed. On the 7th of
November last, he wrote and requested him (Mr. McClel-
Jand) to make the necessary inquiries, with the same view;
and soon after his arrival, atthe commencement of this session,
he wrote to the proper department for the required informa-
tion, but did not receive any reply until the 27th of Febru-
ary, and then he was advised that the small amount before
stated wasdue. This statementhe had forwarded to the pres-
ent auditor-general. He(Mr. McClelland) had no doubt pro-
vision would be made for the prompt payment of the interest
hereafter to accrue if the five per cent. fund was found to
be insufficient. Whilst up, he would state that the authori-
ties of Michigan had consented to the application of the
five per cent. fund to the payment of this interest, and that
the resolution passed by the last Congress, directing this
application, was shown to him by the chairman of the Com-
mittee of Ways and Means [Mr. McKay] before it was
offered, and was fully approved of by him, and was sup-
ported by the entire delegation from Michigan in both
Houses. In conclusion, he would say, that he believed the

438 CONGRESSIONAL PROCEEDINGS.

State would make every effort to pay all just claims against
it; and in regard to this fund, would at all times pay the
interest fairly and honorably.

Mr. Srms continued. He had not intended (he said) by
any remark he had made to inculpate any State to which
this fund might have been loaned. He merely wished to
show what the duty and the obligation of the Government
were in regard to the fund itself. Whatever disposition
might finally be made of it—whether an institution such as
was contemplated should be established ; whether the fund
should be returned to the British chancery ; or whether it
should be distributed among the heirs of Smithson—no
difficulty ought to arise as to the fact of the fund itself hav-
ing been loaned out by the Government; and that, for all
honorable, practical, and proper purposes, it must be re-
garded in good faith as in the Treasury of the United
States, to be devoted to whatever purpose might be thought
proper. For his own part, he had no apprehension or fear
but what each of the States would in good time and in good
faith redeem their obligations, and refund every dollar that
had been loaned to them.

He now approached the main question. Much had been
said in praise of the munificent and splendid liberality of
James Smithson. It had been said that, animated by a
spirit of benevolence to his race, he had made his will, con-
stituted the Government of the United States his trustee to
earry out his intentions, and had dedicated to the noble
purpose of the increase and diffusion of knowledge among
men an entire estate, under the management of the Goy-
ernment of the United States. It was not his (Mr. Sims)
disposition, nor was it his wont, nor would it become him,
to speak in terms of reproach of one who now slept under
the sod. But he must be permitted to say, that none of
these feelings of pride and admiration which seemed to
glow in the bosoms of some gentlemen, in contemplating
the will of Mr. Smithson, found an echo in his (Mr. Sims)
heart. He saw in the will of that individual what he had
seen in the wills of many other men. After having griped,
through their lives, every shilling that came into their
hands, animated at last by some posthumous vanity, they
sought to build up a name which should live after them ;
and such, rather than any feeling for humanity, so much
lauded, was the motive that guided them. In the present
case he saw abundant evidence of this disposition in the ap-
pointment of the Government of the United States as a
trustee to carry out this splendid vanity.

TWENTY-NINTH CONGRESS, 1845-47. 439

Mr. S. then proceeded to contend that the Government
was not instituted for any such purposes as the administra-
tion of charities. There was no grant of power in the
Constitution admitting such an exercise. And as there was
no such power, and as this fund was still under our control,
and as the trust had not been executed, it became Congress
to pause, and to retrace, so far as possible, the errors it had
already committed. There was but one power in the Con-
stitution under which this charity could be administered,
and that was as a local legislature for the District of Colum-
bia. But that would not fall within the intention and
design of the testator. It was not intended that this fund
should be applied to the exclusive purpose of the use of the
District of Columbia. The only true course would be to
reject all these plans, including the substitute which had
been offered by the gentleman from Massachusetts, [ Mr.
Apams.] Andif this were done, he (Mr. Sims) pledged him-
self that, should no other member do so, he would intro-
duce a bill repealing all laws heretofore enacted on this
subject, and giving authority and direction for the restora-
tion of the money to the British chancery. It could then
be devoted to purposes in England similar to those which
had been contemplated in the city of Washington. The
only difference would be in the location of the institution.

Mr. Apams said, in this matter he was in favor of carry-
ing out the principle of the ancient proverb—“ Catch the
bear before you sell his skin.”” But a very small portion of
these funds was now in the Treasury; and the bill proposed
to take from the Treasury the money of the people of the
United States, raised by taxation, to the amount of seven
or eight hundred thousand dollars, to be expended in lieu
of the fund of the late Mr. Smithson, which was not in our
power at present. The gentleman from South Carolina
[ Mr. Sims] said that this money was to be considered as if it
was in the Treasury of the United States. Mr. Adams
would be very glad if he could so consider it.

Mr. Sts said, in the report which the gentleman from
Massachusetts made to this House a few years ago, he took
the identical ground that this money ought to be considered
in the Treasury, and that Arkansas, and the other States in
whose bonds this was invested, were debtors of the general
Government.

Mr. Apams replied, that if any report made by him three
or four years ago stated that this money was to be consid-
ered in the Treasury of the United States, he would inform
the gentleman and the committee that he had had some

440 CONGRESSIONAL PROCEEDINGS.

experience since that time that convinced him very per-
fectly that it was not in the Treasury of the United States.

It was the office of the amendment which he proposed, to
try to get it back into the Treasury, to enable the Congress
of the United States to redeem the pledge which they gave,
by the acceptance of this fund, to this nation, to the mem-
ory of the testator, and the civilized world, that it should
be faithfully applied according to the intentions of the
donor. The money was not in the Treasury, and could
not, without a violation of all reason, be considered in it.

The question whether the Treasury of the United States,
or the people of the United States, were responsible for
this money and for its application, according to the intent
of the testator, Mr. Adams was understood to say, was an-
other question. If it were necessary now, in order to redeem
the plighted faith of the nation, he was ready to vote an appro-
priation of that amount, or of ten times that amount, to be
raised by a tax upon the people. But he did not think the
contingency had arisen, and especially that it had not arisen
for the application of the money to any of the purposes
proposed in this bill.

He had heard with great delight the learned and ingeni-
ous remarks of the gentleman from Vermont [Mr. Marsy]
a few days since ;. and especially that portion which advo-
cated the application of that fund ultimately to the only
purpose of erecting a great and magnificent library, instead
of the paltry application of $5,000 a year out of the more
than $30,000 which this sum ought to give us. There was
no other object to which it could be more worthily applied
to promote the object of the testator.

To the main object proposed by the bill—viz: the appli-
cation of a large portion of the fund to the education of
teachers of normal schools—Mr. Adams expressed his de-
cided opposition. He would rather have the whole money
thrown into the Potomac than to appropriate one dollar for
that purpose.

Mr. Adams alluded to some facts in the history of this
funds, howing his own connection with it, the circumstances
under which it was received, the investment, three days
after it was received, of $500,000 in Arkansas bonds, and
the remainder in bonds of Michigan, Illinois, and Ohio;
the payment by Ohio of her interest and the failure on the
part of Arkansas to pay a cent of her interest, &c.

Mr. Tuurman (Mr. Adams yielding) inquired for infor-
mation of Mr. Apams whether this investment in the bonds

TWENTY-NINTH CONGRESS, 1845-47. 441

of Arkansas was made without any warrant or authority
of law?

Mr. Apvams. The fact is directly the reverse. Mr. Adams
stated the circumstances under which the legalized invest-
ment was made. On a bill for the support of the West
Point Academy, a provision was engrafted (he said) that
this fund should be invested in State stocks. He com-
mented upon the incongruity of the two subjects in terms
which excited the merriment of the committee.

He next reviewed the legislative history of this subject
during the four Congresses which have elapsed since the
receipt of the fund eight years since, giving a minute ac-
count of the various propositions made in reports to both
Houses of Congress, and their respective fates—none of
them having received the sanction of both Houses. When
it first came before Congress, and he believed this money
was in the Treasury of the United States, he was of opin-
ion among the sciences the pursuit of which was recom-
mended by the testator, that of astronomy was the first to
which a portion of the interest should be applied.

In the administration of this fund there were two or
three principles that should be pursued. One was, that it
should never cost the people of the United States a dollar—
that it should support itself. Another, that no part should
ever be applied to the ordinary purposes of education of
children. He felt on that subject something the feeling of
the gentleman from Michigan, [ Mr. Curpman,] that it was
unworthy the people of the United States to receive foreign
aid for the education of their children. It was their own
duty to do it for themselves, and not to depend on any elee-
mosynary bequest for it. There was no way in which the
States could more degrade themselves than by relying on
foreign aid or on the general Government for the education
of their children. He differed with him on other points,
however, and thought it highly proper that it should be re-
ceived to carry out the intent of the testator, for the
‘increase and diffusion of knowledge among men.”

Mr. Sims, of South Carolina, inquired of the gentleman
from Massachusetts the power under the Constitution by
which Congress was authorized to accept and administer
this fund ? i

Mr. Apams. If the gentleman will point me to the power
in the Constitution of the United States fo annex Texas, I
will answer his question.

Mr. Sims. If the gentleman finds the power under the
same clause, it is certainly a novel clause under which to

442 ; CONGRESSIONAL PROCEEDINGS.

claim it—that which, in express terms, permits new States
to be admitted into the Union.

Mr. Apams. I presume the gentleman considers that a
constructive power; and if so, it will answer for what it is
worth. He(Mr. Adams) could find in the Constitution many
clauses besides that authorizing Congress to provide for the
common defence and general welfare. What means more
efficient to this end than the increase and diffusion of knowl-
edge among men.

Mr. Adams further opposed the application proposed by
the bill under consideration to the ordinary purposes of edu-
cation, on the ground of inequality of the benefits it would
confer—the State of Massachusetts, (a fact of which he was
proud,) the State of New York, the ‘“ Empire State,” and
Virginia, another empire State, (to whose citizens our pres-
ent Minister to Brazil, before he left the country, addressed
a letter, cailing on them to tax themselves for the education
of their children—for which he should honor him, if
he had never done anything else in his life,) and other
States—having themselves made provision for the education
of their children, so that they would not thank Congress
for making this application of this fund. The State of In-
diana, from which the gentleman [Mr. OwENn] came, who
reported this bill, had property enough to take care of her
own children, without wasting this fund for such a purpose.

He would say nothing further of other provisions of the
bill. Some of them were proper, others were not. But an
experience of eight or ten years, since we received this
money, had shown him, that whenever distinguished scien-
tific men were called upon for their opinions, scarcely two
agreed.

In addition to the application of a portion of this fund to
the science of astronomy, there was another provision which
he found, and which he was happy to see this bill made,
viz: that no portion of the fund should be appropriated—
that it should be a perpetual fund. It was the interest
which was to be applied.

But in the meantime, while this delay had taken place,
he was delighted that an astronomical observatory—not
perhaps so great as it should have been—had been smuggled
into the number of the institutions of the country, under
the mask of a small depot for charts, &. There was not
one word about it in the law. He would like to ask the
gentleman from South Carolina, [Mr. Srms,] where was the
power under the Constitution to make this appropriation ?

Mr. Stms said, he did not know; but since the doc-

TWENTY-NINTH CONGRESS, 1845-47. 443

trine promulgated by a distinguished President of the Uni-
ted States, of erecting light-houses in the skies, had grown
into popular favor, he should presume that the gentleman
would find no difficulty as to the question of power.

Mr. Apams said he was very glad to hear that it had
grown into popular favor. The appropriation for this astro-
nomical observatory, he repeated, had been clandestinely
smuggled into the law, under the head of a depot for charts,
when a short time before a provision had been inserted in a
bill passed, that no appropriation should be applied to an
astronomical observatory. He claimed no merit for the
erection of the astronomical observatory ; but in the course
of his whole life, no conferring of honor, of interest, of
office, had given him more delight than the belief that he
had contributed, in some small degree, to produce these
astronomical observatories, both here and elsewhere. He
no longer wished any portion of this fund applied to an
astronomical observatory.

Nor did he think it important to the people that any pro-
vision of this bill should be carried into effect immediately,
but rather that measures should be taken to induce the
States to pay the interest on their bonds, and then let the
money be appropriated to any purpose on which Congress
could agree more unanimously than on this bill.

He noticed among the objections made, that against mak-
ing of this institution an incorporation. He urged that it
was indispensably necessary to form the board into an in-
corporation ; that unless it were done, the funds would be
wasted in five years; that there would be no power in the
institution, not even the power of succession; that it would
fall into the hands of a joint committee of Congress, who
would dispose of it as faction, party spirit, or caprice should
dictate. He scouted the idea of the unconstitutionality of
the establishment, by Congress, of the corporations in the
District of Columbia, as in contravention of the uniform
legislation of the country, in the corporation of colleges,
benevolent societies, the National Institute, &e.

In conclusion, believing that they could not agree very
well on this bill, and that, by the time we got this money of
Arkansas and the other States, they could agree better, he
sent up to the clerk’s table, where it was again read, the
amendment of which he gave notice last week.

On the faith (he said) of observations of the gentleman
from Michigan, that Michigan had regularly paid the in-
terest on her bonds, he modified his amendment, by striking
out the word “ Michigan,” wherever it occurred therein.

444 CONGRESSIONAL PROCEEDINGS.

[Whilst Mr. Apams was speaking, the Speaker resumed
the chair informally, to receive a message from the Presi-
dent of the United States, by the hands of J. K. Walker,
Esq., his private secretary, informing the House that the
President had yesterday approved and signed the joint reso-
lution of notice to Great Britain, to annul and abrogate the
convention of 1827 respecting the Oregon territory.

Mr. ApaAms remarked: A propitious interruption of the
few remarks—worthless, in comparison—which I was ad-
dressing to the committee ! ]

When Mr. Apams had concluded—

Mr. TIBBATTS rose to propose an amendment, which, not
being at the moment in order, was not presented.

Mr. A. JouHNnson expressed himself favorable to the adop-
tion of the substitute amendment of Mr. ApAms; but pro-
posed, if that substitute should be voted down, to amend
the first section as follows :

Strike out all after the word “ next,” in the 11th line, to
the word “ be,” in the 14th line, and insert the following :

‘‘ And actually paid into the Treasury of the United States by the States
which have borrowed and used said fund.”’

Mr. Johnson was satisfied (he said) that a large majority of
the House was opposed to taking this sum out of the Treasury,
for the purpose of establishing such an institution as was
contemplated by this bill. It was true that the money had
been received by the Government of the United States; but
if the Government had been acting in good faith, and had
vested these funds in bonds of the States, and these States
had repudiated or refused to pay, was there a man here, who
at this time would be willing to take this amount out of the
pockets of his constituents for the erection of an institution
of this kind? Was this Government bound to levy a tax
upon the people for such a purpose? If it had been acting
fairly as a trustee, if it had acted in good faith, and if this
fund had been lost and destroyed, and not intentionally per-
verted or misapplied, it was no more responsible than any
other trustee under such circumstances would be.

Some conversation took place between Mr. Johnson and
Mr. Sims of South Carolina, as to the legal liability of trus-
tees in certain cases.

Mr. Johnson insisted that there was neither authority for,
nor justice in, taking this sum of money from the pockets of
the people for the establishment of this institution, and he
contended that no substantial good could result to the mass
of the people, and that an annual appropriation would be

TWENTY-NINTH CONGRESS, 1845-47. 445

necessary from the Treasury of the United States to keep
it in operation.

Mr. Ratueun said he knew very little about this subject.
He had taken very little pains to examine the bill before
the committee. He had read no reports from previous
committees. He had heard what had been said in relation
to the project generally. And there were a few things con-
nected with facts known to everybody which would control
his vote.

We had received a fund of half a million of dollars and
upwards, and had pledged the faith of the Government to
execute the trust in the manner directed by the will of the
testator—a solemn pledge in which every department of
the Government had united. The fund was received for a
particular and specified purpose—a purpose noble in its ob-
ject, and desirable to all men who had any regard for the
welfare of the human family. We had received this money,
he repeated, to be applied to a specific purpose. Had it
been so applied? We were told that we were not in pos-
session of the money; that it had been loaned out improp-
erly and improvidently to States that refused to pay. Were
we authorized to loan it to States, whether they would pay
or not? Was it given to us to be loaned out to any one?
Was it not expressly designed by the person who gave it to
the Government that it should be applied to a particular
purpose, and none other? And was it not received on the
condition that it should be so applied ?

After yielding for an inquiry to Mr. A. Johnson, Mr. Rath-
burn proceeded. This Government had misapplied a fund
given for a specific purpose; and when it was called upon,
through a respectable committee, to appropriate the money
to the object for which it was received, it was no answer to
say, ‘“‘ We have loaned it out to the States, and they cannot pay
us.” It would not answer for an individual to say so—still
less for a nation like ours. We were bound to-day, and we
had been bound every day, when Congress was in session,
for eight years past, to appropriate the money honestly,
without undertaking to avoid the just responsibility by an
excuse which was one of our own creation. Arkansas, it
is said would not pay, and some other States refused to pay
the interest. That was a matter between this Government
and the State of Arkansas, and was no answer to the solemn
pledge given to apply this money to a specific purpose.

The question arose, how should the money be appropri-
ated? What was the mode best calculated to produce the
most beneficial results? One gentleman wanted a library ;

446 CONGRESSIONAL PROCEEDINGS.

another, an observatory; a third, common schools; a fourth,
farming schools; a fifth, some other particular object; and
among the number was that proposed by the bill under con-
sideration. For his own part, he did not feel disposed to
object to any plan bearing plausibility on its face. He was
in favor of expending the money in some way, and upon
some scheme, faithfully and honestly ; but, above all, he was
in favor of appropriating and expending the money, whether
the final result should be good or not. He wished to wipe
out the stain which rested on the character of this Govern-
ment of withholding the money because we were not able
to discover the best mode of expending it. Let us take one
step—let us do something; and if any blunder should be
committed, experience would enable us to correct it. In
his judgment, a library was the least plausible of the
schemes proposed. The plan proposed in the bill was, in
his opinion, one of the best that had been suggested.

The gentleman from Tennessee [Mr. A. Jounson] had
asked whether any gentleman here would take the money
from the pockets of the people for this purpose. He, (Mr.
Rathburn,) for one, answered “yes.” Let us take this
money which the Government had taken, and, if gentlemen
pleased, had squandered; let us honestly appropriate it and
expend it as was designed.

He represented a constituency who would be among the
last in the world to withhold a fair and honest expenditure
of the public money, because the Government representing
the people had misapplied it. He had no fear of a constit-
uency worthy to be represented here, for doing what was
honest on behalf of the Government and reputable on be-
half of themselves. We had had the gold, as we had been
informed. It had been placed in the public Treasury. It
had not been wasted by accident. It had been applied un-
der the deliberate action of the Government. The Govern-
ment held the bonds. It might at some future day receive
the money for them ; but he did not believe in the propriety
of waiting until, by ‘‘ moral suasion,” or any other kind of
persuasion, the money was to be recovered from that im-
provident loan. He was ready to vote for the bill in which,
so far as he understood it, he could discover no objection-
able features. It had been digested and arranged by a
committee as competent in point of learning, judgment,
and capacity, as could be found in this or any other coun-
try. Some confidence must be placed in their recommenda-
tions, otherwise no action ever could be had on the subject.

TWENTY-NINTH CONGRESS, 1845-47. 447

If the plan had defects, time would develop them, and the
proper remedy could be applied.

Mr. Fickurn opposed the bill. He thought, however,
that the good faith of the Government required that this
money should be considered as being in the Treasury, and
that we could not excuse ourselves by saying that the fund
had been loaned out to the States, and could not now be
realized.

The objections which he entertained to the bill applied
to all its sections; but to the first, his objection was radical.
He alluded to the connection to be established between this
institution and the Treasury of the United States. A mil-
lion of dollars would be required to meet the deficiency in
this Smithsonian bequest.

He was willing to expend the money for a library; or in
carrying out the propositions of a substitute bill which he
had prepared—in building a house and providing a library,
and for scientific apparatus. He was in favor of any sys-
tem, or plan, by which the fund could be disconnected from
the Treasury of the United States.

Mr. Owen desired to inquire whether the gentleman pro-
posed to appropriate the principal, or the interest only ?

Mr. Ficxutn said he was willing that the gentleman and
others who were the peculiar friends of the bill, should take
their own course in that respect. He (Mr. Ficklin) was will-
ing to apply the whole of the principal, or a part of it, to
keep up whatever institution might be adopted; or he was
willing that the sum of $500,000 should be loaned to some
natural or artificial person, and that the interest alone
should be applied. Ile was indifferent on that point. The
great object he had in view was, he repeated, the discon-
nection of the fund from the public Treasury. THe was for
any bill in preference to this.

Mr. Owen. Does the gentleman understand that one dol-
lar, except that belonging to the Smithsonian fund, is ap-
propriated by this bill either presently or prospectively ?

Mr. Ficxiin. The first section of the bill connects the
fund with the Treasury—places it in the Treasury.

Mr. Owen. Not places it there; it was placed there eight
years ago.

Mr. Ficxiry. Exactly so; but this bill recognizes it there
by law. Then the interest is to be paid upon the money,
out of the Treasury. This is sucking the life-blood from
the Treasury. We do not want to create a perpetual debt
of interest upon half a million of money, to be paid whilst
this Government endures. We want no such polypus—no

448 CONGRESSIONAL PROCEEDINGS.

such wen fastened upon the Government. As to present or
prospective appropriations, I say that the machinery, the
paraphernalia, connected with this bill, cannot be carried
out on a respectable scale for less (Mr. Ficklin was under-
stood to say) than one million of dollars a year. It is, to be
sure, provided that the money shall not come out of the
Treasury at present; but do we not know that subsequent
Congresses can enlarge the appropriations? Experience
should teach us to guard against everything of this kind.

He regarded the bill as one of the most odious and
abominable ever presented here. He would rather see
this half million returned to the British court of chancery ;
he would rather see ten millions sunk to the bottom of the
Potomac, or melted, or destroyed, than see this bill pass.

Mr. TuurMAN said that he had heard it stated this morn-
ing that the investment of the Smithsonian fund in State
bonds was an act unauthorized by law. Not having time
to investigate the laws himself, he had privately inquired of
a number of members whether such was the fact, but they
were unable to inform him. He had thereupon made the
inquiry of the gentleman from Massachusetts, [Mr. ApAMs, }
whose acquaintance with the subject was so thorough.
The inquiry was important; for if the investment was
an unauthorized act, it would not do for this Government
to shield itself behind the misconduct of its officer, and say
that the money is not in the Treasury. But if, on the other
hand, the Government had, in good faith, invested the fund
so that it might produce interest until an application of it
should be made, pursuant to the design of the testator,
then the objection of the gentleman from Massachusetts,
that the money is not in the Treasury, is entitled to great
weight. For, as a general rule, it is the duty of a trustee
to make the trust fund produce interest; and the Govern-
ment of the United States probably did right in directing
this fund to be invested, and ought not, as a matter of
course, to be held bound to reimburse it at any moment on
a failure to pay by those to whom it had been loaned.
Whether the investments made were judicious or otherwise,
Mr. Thurman did not know. He had not inquired, for it
was not his purpose to cast censure anywhere.

As to the merits of the bill under consideration, he
would do nothing more than express an opinion, without
going into any argument whatever. He could not vote for
the bill, unless it were most materially changed. He was
opposed to the erection of an immense institution at the
city of Washington, that would ultimately become a charge

TWENTY-NINTH CONGRESS, 1845-47. 449

upon the Treasury, and would necessarily be partial in its
operations and benefits. He was rather inclined to believe
that the best disposition of the fund that could be made,
would be to invest the interest arising from it in a library.
There were great objections to this plan, to be sure. They
had been forcibly stated by the chairman of the select com-
mittee,{Mr. OwEn.] But there was one great reeommenda-
tion it possessed that strongly influenced him. That was,
that though it might not effect the greatest amount of bene-
fit that could be produced by the fund, it was not liable to
the abuses to which all the other plans would probably give
rise. It would create no large body of oftice holders, no
patronage, no favoritism, no partial, sectional advantages.

Mr. OwEN wished to say a few words in reply to the gen-
tleman from Massachusetis, [Mr. Apams.] He was very
sorry that duty devolved upon him. He had for that gen-
tleman, in more senses than one, a most wholesome respect.
Not only did he respect his character most sincerely, his
acquirements, his long experience, his information, so accu-
rate on every subject, but in addition to all that, he had for
him, as opposed to him in argument, a most wholesome
respect. If any one who ever debated with him came oft
the better in the contest, it was, while he (Mr. Owen) was
out of the House. And it was nothing but a sense of duty
which induced him to reply to the gentleman.

The gentleman from Massachusetts had labored more
zealously in this good cause than, perhaps, any other indi-
vidual. He read from a report of Mr. Apams, of March,
1840, in regard to the application of these moneys, in which,
among other things, it was declared:

‘Tt will be perceived that the United States have made themselves credi-
tors to the States, and made themselves responsible for the punctual payment
of the interest of these bonds,”’ &c.

That (said Mr. Owen) was the opinion of the gentleman
from Massachusetts, in 1840; it was Mr. Owen’s opinion
to-day. He believed it is the United States that are the cred-
itors of the State of Arkansas, and the other States, and that
their faith is plighted for the due administration of this
fund. And this included the question of time. Delay was
equivalent to denial; to say you will administer a fund fifty
years hence, is to say you will not administer it at all.

But not only in 1840, but a much later date, when every-
body knew that Arkansas had failed for three years to pay
her interest, did the gentleman from Massachusetts bring
in a bill—in June, 1844, (from which Mr. Owen read)—which
went further than the bill now before the committee, abso-

29

450 CONGRESSIONAL PROCEEDINGS.

lutely declaring that $800,000 was now in the Treasury of the
United States, the interest of which, being about $33,000,
more than this bill applied, was to be appropriated.

He alluded to the objection of Mr. Ficxuin, that we should
doubtless appropriate hundreds of thousands more than this
sum, if we now began; and said, in the unwillingness of
members to appropriate even the interest, there was no very
great reason to imagine that they would be so ready to ap-
propriate a larger sum, not included in this amount at, all,
over which the institution has no right and with which no
connection.

Ie was no lawyer, and would not argue the case techni-
cally ; but he would say, if there be any means of lowering
our national character over the whole civilized world (and
with so small a gain to the Government) more effectually
than this, he did not know what it was. He held in regard
to public and private morals there is no difference. The
interest that had acerued on this sum was about $242,000,
(about one-half of which had been paid,) or about one-hun-
dredth part of the annual expenditures and receipts of the
Government; and, in addition to this, we had some ten or
twelve thousand dollars surplus in the Treasury. And still
we claimed that we were relieved of the obligation for this
money, because we had invested it in stocks, the interest
of which was not paid. It was like a man with an annual
income of $2,000, and in addition having (say) $1,000 de-
posited in bank, who had loaned to a wayward or unfortu-
nate son $20, (one hundredth part of his income,) which he
had received in trust for a friend; and who, one-half of it
having been paid, when called upon for the return of that
trust, should refuse it on the ground that one-half of the
sum had not been paid by his son, to whom, as trustee of
the fund, he had loaned it! No one would hesitate to say
that, as a matter of common justice and honesty, he should
pay this small amount, even if the son never paid it to him.
And what we ought to do as individuals, we gught also to
do as public men.

He would not follow the gentleman from Massachusetts
through the whole course of his remarks. He believed the
gentleman admitted that the Government was ultimately
responsible for the application of this fund according to the
intention of the testator. If it did happen (which was not
probable, for he did not doubt her) that Arkansas did not at
some future period pay the interest, we should be called
upon to pay it from the Treasury, according to the gentle-
man from Massachusetts. Now, he wanted to know what

TWENTY-NINTH CONGRESS, 1845-47. 451

was the difference between taxing our constituents (as the
phrase was) then and now? So far as the burden was con-
cerned, it was nothing; so far as reputation was concerned,
it was everything. ‘The first duty of a trustee was to carry
into efiect the object of the trust; and if this duty was
neglected, were we not bound to provide at least against
the loss of the fund?

In reference to the advocacy by Mr. Apams of the appli-
cation of the fund to a library, and to some remarks of Mr.
Adams, (as the reporter understood,) that it was more in
accordance with his fancy, Mr. Owen urged that fancy should
have nothing to do with the question ; that we were bound to
appropriate this fund strictly according to the intentions of
the testator, whose intentions the appropriation of the prin-
cipal portion of which to a library, he argued, could not
meet, inasmuch as, though a lbrary might tend to the
“diffusion,” it would not to the “increase” “ of knowl-
edge among men;” and as if a library had been intended
by Mr. Smithson, he would undoubtedly have expressed it.

He was not specially wedded to this feature of normal
schools, yet he confessed he considered it the most impor-
tant one in the bill. And the gentleman from Massachu-
setts wholly misunderstood him if he supposed that his
(Mr. Owen’s) proposition was to supersede the State normal
schools. It was rather a supplement to them—an institution
which would carry them further, where the science of edu-
cation should be improved. And for this they had high
authority. He referred to Mr. Van Buren’s language on
the subject, from which, though not express to this point
he considered the inference fair that he would be in favor
of such a feature.

As to the disgrace of educating our children with foreign
aid, there was no proposition in this bill to educate children,
but the teachers of children. And as to the disgrace, it
might be said with equal propriety that it was disgraceful
to receive foreign aid for the founding a library.

One special portion of the duties of this normal branch
would be to call the attention of the States generally to
these normal schools, and it might, and he hoped would, in
this way, become the means of increasing these schools.

In conclusion, he said the practical effect of the amend-
ment of Mr. ApAams would be to postpone the matter indef-
initely. His (Mr. Owen’s) opinion coincided much more
nearly with the opinion heretofore expressed (from a source
he respected so highly) on at least four different occasions ;
and he hoped that Congress would no longer delay to

452 CONGRESSIONAL PROCEEDINGS.

appropriate this fund, as in honor and justice they were
bound, so as to carry out as near as might be the intentions
of James Smithson.

Mr. E. H. Ewrnea dissented from that part of the amend-
ment of Mr. Apams which went to make a legislative
promise that nothing should be done until the arrears of
interest were collected from the States in whose bonds the
funds had been invested; and gave notice of a motion to
strike it out.

He was not able to say that this Government had per-
formed in a proper manner the duties of trustee, and with
proper precaution invested these funds. Clearly, if this in-
vestment had thus been made, and the duties of trustee
faithfully performed, the Government could not be held to
assume the debt, and carry out the intentions of the tes-
tator,

He could not agree with Mr. Sims that this fund could
ever be replaced in the chancery of England. This Gov-
ernment was now a trustee in regard to this fund. By its
acceptance of it, it had obligated itself to make a disposal
of it according to the intentions of the testator, and was
incapable of divesting itself of it.

If it had been properly invested, as a trustee should in-
vest it, the Government was not bound, for the sake of
keeping up its name, to make an appropriation of the
money of the people of the United States for the support of
this charity, or any other. The question was, whether this.
investment had been made in good faith—whether at the
time there was a reasonable probability that it would be re-
turned, or the interest on it paid regularly.

That question he was not able now to determine, and he
presumed this was the case with other members of the
House. Hence, in the absence from the Treasury of this
fund, he was willing to postpone action on the subject for
the present.

Mr. J. Q. ApAms had, he said, a few words to say. In re-
gard to the purposes of this bequest, and the obligation and
duty of the United States to carry them into effect, he agreed
with the honorable chairman of the committee who reported
the bill. Both had the same object in view. In regard to
the mode of reaching the object, he did not agree with the
gentleman. He regretted this difference of opinion; but
in all the public discussions of this question, hardly any two
persons had been found to agree. If he differed from the
honorable chairman, the honorable chairman had also dif-
fered from all who had preceded him in the investigation of

TWENTY-NINTH CONGRESS, 1845-47. 453

this subject. This bill was entirely different from any that
had been reported heretofore. The chairman had done him
the honor to refer to his (Mr. Adams’) former views on this
subject, but did not propose to earry them out. It was im-
portant to the argument to consider how the fund was
expended. He admitted that at the time when the fund
was invested in Arkansas stocks, those stocks were at par,
as were all the State stocks. The banks afterwards sus-
pended, and not only the Arkansas stocks, but all the State
stocks depreciated. The interest on these bonds was not
paid, and it was the same case with the bonds of other
States. He entertained and cherished the hope that, by
means of what he called moral suasion—by considera-
tions of justice between State and State, and man and
man—the people of Arkansas, having this subject presented
to them year after year by the President of the United
States, would, for the sake of their own honor and interests,
pay the debt. He had that faith. Mr. Adams went on to
explain the provisions of his substitute for the bill. He pro-
posed that no appropriation for the purposes of this institu-
tion should be made a tax on the people of the United
States. Should this be agreed to, and become a part of the
act, he believed that it would be more effectual in persuad-
ing the people of Arkansas to pay this money, than would
be the thunder of the line-of-battle ships with which we
have been lately threatened in the British Parliament. No
application of force was proposed by him. He would speak
to them only as friends to friends. He would say to them,
we would not tax our own people to pay the sum for which
you are indebted—which you ought to pay—and which you
ean pay almost without feeling it.

Mr. YELL said, with the leave of the honorable gentle-
man, he would make some explanations. The remarks of
the gentleman left it to be understood that the interest of
the Arkansas bonds had not been paid, and that the State
was not disposed to pay its debts. He wished to let the
House know the state of this matter. Half a million of
State bonds were (in 1838) sold, and the proceeds invested
in the Real Estate Bank of Arkansas. The bonds invested
were to be paid in twenty-five years. To secure them, was
pledged the bank capital of a million and a half, and real
estate which had been valued at three millions. In addition
to this, the State took the bills receivable and the assets of
the bank. The State at length saw its error, and the whole
country had opened its eyes to the evils of such a system.
The State acted as honestly as the nature of the case would

454 CONGRESSIONAL PROCEEDINGS.

admit. It wound up the bank, and determined to pay—
first, the outstanding notes, and second the special deposits.
All these had been paid. At the expiration of the time for
which the bonds were given, he had no doubt that they
would be paid; and if the assets of the bank were insufh-
cient, the State would pay them.

Mr. Yell also showed, from an official document, that about
ninety thousand dollars had been paid towards the interest
on these Arkansas bonds. He went on to show that the
State of Arkansas had been greatly misused by the general
Government. The distribution act passed in 1841. He, as
the Executive of Arkansas, recommended to the Legisla-
ture not to accept the share of that State. That body,
though one-third of them were good Whigs, unanimously
refused to accept it. But the Secretary of the Treasury
credited the sum, not to Arkansas, but to the bank. The
bank received it, and there it remained. When Arkansas
came into the Union, five per cent. of the proceeds of lands
sold in her limits were given to the State. Till 1842,
the sum was promptly paid. After that time, the Govern-
ment retained the amount. He argued that they had no
more right to take it than they had to take the lands set
apart for the support of schools. When the Government
was disposed to do justice to Arkansas, the people of that
State would be better enabled to meet their obligations.
The assets of the bank were equal to the payment of all the
debts.

He would not, however, pledge his State to pay for the
default of the bank. When the bonds had become due,
and the bank was found unable to pay them, then the State
might be called upon.

Mr. ApAMs said the United States had nothing to do with
the bank. The State of Arkansas gave bonds for the
money, and they were in the Treasury now. The money
was paid to an agent, and the United States had nothing to
do with the investment of the money.

Mr. Yett said the State of Arkansas made a bank. . They
issued bonds and invested them in the Real Estate Bank.

Mr. Apams. Sir, I had heard before that the State of

Arkansas never received any benefit from this money. But
it was paid to their authorized agents. It was received in
the name of the State, and not of the bank. As to the
argument that the money was invested in the bank, and the
bank was broken, he would leave that to such operation as
it might have upon this committee, and let it go for what it

TWENTY-NINTH CONGRESS, 1845-47. 455

was worth. He would say nothing to the disparagement ot
the State of Arkansas, or of the Government of the United
States on account of this contract. Butif the five hundred
thousand dollars in British sovereigns was sent by an agent
to the sovereign State of Arkansas, it was a matter of no
concern to the Government of the United States whether
the money was filched on the way.

Mr. Yet here asked if the gentleman intimated that the
money was misapplied by any agent or agents of the State
of Arkansas ?

Mr. Apams had not said a word (he said) intimating any
such thing: He had stated the fact. He repeated that the
United States had nothing to do with the concerns of the
bank, which the gentleman had said was broken, and upon
which fact the gentleman had argued that the State was not
bound to pay the money.

Mr. Adams was very sorry (he said) that this question had
been brought on. He had made no reflection on the State
of Arkansas, or on the bank, or on the agent. He still
expressed the hope that the State of Arkansas, after an
appeal to her sense of justice and honor, would pay the
principal and interest of the debt as it became due.

As to the State of Michigan, that portion of the substi-
tute which applied to it he should strike out. The State
had made a provision for the payment of the money due by
her.

Mr. ANDREW JOHNSON wished to ask one or two questions
on this subject of the honorable chairman who reported the
bill.

Was the money appropriated by the bill actually in the
Treasury ?

Mr. Owen said it would take a lawyer to answer sucha
question. Half of the interest had been paid, and half not.

Mr. A. Jounson. Then I understand that more than two
hundred thousand dollars for the buildings, &c., are to be
paid, not out of the funds of the institution, but out of the
Treasury. He wished this to be understood by the people.

Mr. OWEN said the gentleman might so consider it; but
he did not wish him to construe what he had said into an
admission that he [Mr. JoHnson] was correct.

Mr. AnDREW JouNsoN said he would now propose a ques-
tion to the learned chairman of the Committee on the Judi-
ciary. The first section of the bill proposed to lend money
to the Treasury. Suppose we had loaned the fund to the
United States Bank, when it was in existence, and the bank

456 CONGRESSIONAL PROCEEDINGS.

had failed, would the Government be bound to make good
the fund ?

Mr. Ratusen had no objection to answer, as he said; and,
as a lawyer he would say, that a trustee investing money in
execution of a trust, and in good faith, would not be bound
to return it if it should be lost. But a Government pro-
fessing to be the first in the world, ought not, in his opinion,
to avail itself of a legal and technical excuse, but should
proceed to see the trust faithfully executed.

Mr. AnpREW JoHNSoN contended that the same moral
reasons applied in both cases. The bill itself, he proceeded
to show, did not hold the Government to be responsible, if
it acted in good faith ; for it provided that all the invest-
ments on account of the fund be pledged to refund the
money to the Treasury. This proved that the bill did not
appropriate money in the Treasury, and it was not bound
for the money.

There was something a little farcical and amusing in this
system of normal instruction, which was to provide the
country with school teachers. He would like to see a young
man, educated at the Smithsonian Institution, and brought
up in all the extravagance, folly, aristocracy, and corruption
of Washington, go out into the country to teach the little
boys and girls to read and write! Those young men, so
educated, would steal, or play the little pettifogger, sooner
than become teachers. Ninety-nine out of a hundred of
those who received the benefit of this institution would
hang about a law office—get a license—become a pack of
drones, instead of schoolmasters. _ Washington city was not
a place for such an institution. He believed that it would
result in an injury to the country instead of a benefit.

Mr. Owen asked if the gentleman was aware that the will
of Mr. Smithson designated Washington city as the place
for the establishment of the institution ?

Mr. A. Jounson objected, he said, to the entire scheme.

Mr. Jerrerson Davis asked whether the gentleman would
send the money back to the court of chancery ?

Mr. A. Jounson replied that he objected to the whole
principle of the measure, and that he would send the money
back to the source from whence it came.

Mr. Jerrerson Davis followed, with some remarks in sup-
port of the measure. The Government was bound, after
solemnly accepting the trust, to execute it faithfully.

Mr. Bett spoke on the same side of the question. It was
eight years since the United States (he said) had accepted
this trust, which was one of a delicate and important char-

TWENTY-NINTH CONGRESS, 1845-47. 457

acter. The question was, in what manner the trust should
be discharged. He held that the United States was respon-
sible for the fund, and ought to appropriate it for its object.
He hoped that Arkansas would one day pay the money, but
he feared it would be a distant day. It was necessary to
act now. He did not wholly approve of the bill reported,
but he would take it rather than do nothing.

Mr. Hoven sent to the Chair a substitute for the bill,
which he gave notice he would offer; and it was read.

The committee then rose, and reported progress.

On motion of Mr. Hopkins, (and under the operation of
the previous question,) a resolution was adopted, providing
that all debate on this bill (in committee) should cease in
one hour after it shall again have been taken up.

Houss oF REPRESENTATIVES, April 29, 1846.

On motion of Mr. McKay, the House resolved itself into
Committee of the Whole on the State of the Union, (Mr.
Burt, of South Carolina, in the chair,) and resumed the
consideration of the bill to provide for the establishment of
a Smithsonian Institution for the increase and diffusion of
knowledge among men.

The amendment given notice by Mr. A. Jounson last
evening, was read, at the request of several members.

Some conversation ensued between Mr. Owen and others.

Mr. Hamuin briefly addressed the committee. He re-
garded this fund as one which had been received by the
Government to carry out the intentions of Mr. Smithson,
to which, by their acceptance, they had solemnly bound
themselves.

He alluded to the difficulty—nay, the impossibility—of
any select committee agreeing upon a plan which in all its
details should be in accordance with the views of all. Not-
withstanding this, he trusted we should not let this oppor-
tunity go by to make a commencement in this matter. He
had not the slightest doubt of the full and unqualified power
of this Government to take charge of this money and give
it the direction required by the will of Mr. Smithson.

While there were features in the bill with which he was
not entirely pleased, he should: vote for the bill in case it
was not amended. But there were some amendments to
the bill of the gentleman from Indiana [ Mr. OwEn] to which
he would fain hope that gentleman himself would lend a
favorable ear. One related to the appropriation of a part
of it to the science of agriculture. He referred to the gen-
eral and deplorable want of information of the components

458 CONGRESSIONAL PROCEEDINGS.

of the soil, the proper mode of treating it, the proper adap-
tation of crops to different soils, &c., and said he wished to
see connected with this institution a department of agricul-
tural chemistry, and a professor of agriculture proper.

Mr. Owen (Mr. Hamlin yielding) explained that there was
an express provision of the bill to appoint professors of agri-
culture, and there was also another by which such protes-
sors of more useful arts and sciences were to be appointed,
which would undoubtedly include a professor of chemistry,
part of whose duties it would be to lecture on the applica-
tion of chemistry to agriculture.

Mr. HAMLIN was aware of this; but it should be more
specifically provided for.

He noticed one or two features of the bill, and suggested
one or two modifications he would like to see made; but,
if it could not be amended, he urged its passage without
further delay as a matter of good faith, common honesty,
and one promising important benefits to the people and the
nation. He considered the money in the Treasury, and the
United States responsible for the investment of the fund
according to the intentions of the testator.

Mr. Woup desired to say a very few words upon the bill.
Much had been said about national honor during this ses-
sion on this floor; but if there ever was a point in which
the national honor was concerned, it was in carrying out the
intentions of the testator in his bequest. For my own part,
I consider it an honor to my country that the subject of a
monarchical government should have selected this as the
instrument of his expansive benevolence. The bill, how-
ever, before us was, in his opinion, defective in some of its
provisions. I refer particularly to that section which con-
templates a normal school. When this subject was first
mooted, this part of the bill struck him favorably; but,
upon more mature reflection, he had come to the conclusion
that this clause was objectionable. Normal instruction
could only be done, and well done, in the respective States,
among several of which it had already been commenced ;
and besides, sir, I should deprecate that kind of education
that should flow down from this place among the people.
He responded with all his heart to the remarks made by the
honorable gentleman from Maine, [Mr. Hamiiy,] in relation
to agricultural instruction. He would do all he could to
increase and diffuse useful knowledge among the masses,
but this could not, and would not be attained by such edu-
cation as would be obtained here, or by collecting at this
point a splendid library. The latter might, and unquestion-

TWENTY-NINTH CONGRESS, 1845-47. 459

ably would, benefit those already learned, but not the people.
With the view of attaining that object, he should offer an
amendment, which he would ask the clerk to read. [The
clerk here read the amendment, which will be found, as
offered, at a subsequent stage of the proceedings.|] He had
hastily glanced at a substitute offered by his colleague, [ Mr.
Hoveu, | just laid on his table, and which he thought was
less objectionable than the original billie) Metsir. I. feel, in
common with others, what is ‘due to the honor able gentle-

man from Indiana, [Mr. Owsn,] the chairman of the com-
mittee, for his exertions in this matter, and know how diffi-
cult it is to frame a bill to meet the views of all; but
difficult as it might be, it was no reason why a beginning
should not be made to carry out the intentions of the testa-
tor.

Mr. A. D. Sims ‘offered a substitute for the bill; which
was read.

Mr. Gites submitted an amendment, providing for the
publication and distribution of books for the instruction of
the blind; which was read. He would say nothing in favor
of the amendment, just read, for it would be a libel on the
House to suppose that any ar cument in favor of it would be
required. He took it for eranted that the committee would
now act on this subject, and he could not believe that the
proposition of the gentleman from Massachusetts [Mr.
ADAMS] would receive the sanction of the committee. In
the face of the world we had assumed this trust. We had
taken the money under the will of this distinguished
stranger, but we had delayed, for a long time, the execution
of the trust. He hoped the faith of the United States
would not be allowed to suffer any injury in the eyes of the
world, by longer delay of action on the subject. There
were some portions of the bill of the gentleman from Indi-
ana which he would like to see altered. While he had no
constitutional scruples himself as to the incorporation of
the institution, yet he would be willing, in courtesy to the
opinion of others, to strike out that provision from the bill,
for all its ends could be accomplished without it. THe ur ced
the committee not to delay action, because there was difti-
culty in each step before them. ‘Congress had power to
alter and amend the act, and it was now necessary only to
take the initiatory step. The form could be altered from
time to time, so as to carry out the intentions of the testa-
tor. The objections urged to a normal school were not
well founded. It would send abroad a number of educated
men; and was not education the richest boon that could be

460 . CONGRESSIONAL PROCEEDINGS.

conferred on the country next to the preservation of lib-
erty. Our institutions were dependent upon intelligence
and reason; and no matter what profession the young men
educated at this school should adopt, they would add to
the stock of knowledge, and diffuse it among men.

Mr. WIckK said, that some opinions had been expressed in
the course of the debate, which he could not suffer to pass
uncontradicted. He alluded to the opinions on the subject
of the doctrine of trust. It was alleged that all which the
Government was responsible for, was the stocks in which
the fund had been invested. This fund was intrusted to
our charge, and it was important that the honor of the
country should be sustained by its faithful execution. He
totally dissented, as a lawyer, from the doctrines which had
been advanced. A trustee in ordinary cases was not bound,
if he was authorized to use his discretion, as to the mode of
investing the fand intrusted to him. But the Government
of the United States had no such discretion in this case.
There was no power given by the will of Smithson to invest
the money in any special manner, and the Government in-
vested it at its own hazard.

If, of his own accord, and without authority, a trustee
made an investment, he was responsible for it. Thus the
United States stood in relation to this matter, and to this
extent they were responsible, if at all. If his wishes had
been consulted, the burden of this trust would never have
been accepted by the Government. But we did accept the
trust, and the national faith would be tarnished should it not
be executed. Had he been here at the time he would have
voted against it. He knew that the Government had no
constitutional power to establish a college of itself. The
power was not granted in the Constitution ; but it might be
admitted that the Government had the power to accept a
trust for the purpose. He had always advocated a strict
construction of the Constitution, but he believed that the
Government might accept the trust. We had accepted the
trust, and it was our duty to execute it.

Mr. A. D. Sims made some remarks on the constitutional
question.

Mr. G. W. Jonzs asked whether, if the money should be
given by will for the establishment of a national bank, the
Government would be bound to execute the trust, or have
power to accept it?

Mr. Wick replied that he would vote against the accept-
ance of such a trust.

Mr. Wasuineton Hunt entirely concurred with the gen-

:
;
,

TWENTY-NINTH CONGRESS, 1845-47. 461

tleman from Indiana [Mr. Wick] in his view of this subject.
It appeared to him that it was a reproach to the Govern-
ment to delay carrying out the purposes of this trust.

The committee proceeded to vote.

The first question was on the following amendment of
Mr. Anprew Jounson to the first section :

‘“ Strike out all after the word ‘next’ in the 11th line, to the word ‘ be,’
in the 14th line, and insert the following: ‘And actually paid into the
Treasury of the United States by the States which have borrowed and used
said fund.’”’

Mr. Ownn inquired of the mover of the amendment
whether, if this amendment was carried, it would apply to
any moneys that have been paid into the Treasury of the
United States as interest and have been re-invested in State
stocks ?

No answer being returned,

Mr. O. said he hoped the amendment would not prevail.

The question being taken, the amendment was rejected
without a division.

The second section being under consideration,

Mr. Trppatts moved the amendment of which notice had
previously been given, to strike out the words providing
that the board of managers “shall be, and hereby are, con-
stituted a board politic and corporate, by the style and title
of the ‘Smithsonian Institution,’ with perpetual succession,
and the usual powers, duties, and liabilities incident to cor-
porations.”’

The question was taken by tellers, and decided in the af-
firmative—ayes 70, noes 44.

So these words were stricken out.

Mr. Owen moved to insert after the word ‘ managers.”
(in lieu of the words stricken out,) the words “and the said
institution shall be known by the style and title of the
Smithsonian Institution.”

The amendment was agreed to.

The fourth section being under consideration,

Mr. OwEN moved an amendment, (which he stated to be
necessary in consequence of the previous amendment strik-
ing out the clause constituting a corporation,) to insert, at
the 44th line, the words :

‘“« And all questions which may arise between the United States and any
person claiming under and by virtue of any such contract, shall be heard
and determined by said board of managers.’’

The question being taken, the amendment was agreed to.

Mr. Owen also moved to insert, at the 10th line, the
words :

462 CONGRESSIONAL PROCEEDINGS.

‘¢ And all prosecutions for trespass on said property, and all civil suits in
behalf of said institution, shall be prosecuted in the name of the United
States in any court having competent jurisdiction of the same.

Agreed to—ayes 61, noes not counted.

The fifth section being under consideration, Mr. J. R.
INGERSOLL moved an amendment to insert at the 21st line
these words:

‘‘ Which collection shall be denominated the National Museum. And it
shall be lawful for the National Institute to deposit its collections in said
museum, [in consideration whereof said institute shall have the right to
appoint a curator to said museum, with such compensation as the managers
of the Smithsonian Institution shall assign;] and the said National Insti-
tute shall have a right to hold its meetings in the buildings of the Smith-
sonian Institution, in any room which shall be assigned for such purpose
by the managers of the Smithsonian Institution.”

Mr. Trppatrs moved an amendment to the amendment,
to strike out the words in brackets.

The amendment to the amendment was rejected.

The question recurring on the original amendment of
Mr. InGERsoLL, was decided in the aflirmative—ayes 67,
noes 50.

So the amendment was agreed to.

Mr. BRoaDHEAD moved an amendment to the fifth section,
(which provides for suitable arrangements for the reception
of all objects of art, and of foreign and curious research,
of natural history, of plants, &c., belonging to the United
States, ‘which may be in the city of Washington,”) to in-
sert, after the word ‘‘ Washington,” the words, ‘or else-
where.”’

The amendment was rejected.

The seventh section being under consideration, Mr. Ham-
LIN moved to insert, after the word “ arts,” in the provision
for the appointment of professor of common school instruc-
tion, with such others “ chiefly of the more useful sciences
and arts,” the words ‘especially chemistry as applied to
agriculture.” Rejected.

Mr. Apams moved to strike out the following:

‘“Sxec. 7. And whereas the most effectual mode of promoting the general
diffusion of knowledge is by judiciously conducted common schools, to the
establishment of which throughout the Union much aid will be afforded by
improving and perfecting the common school system of the country, and
by elevating the standard of qualification for common school teachers:
and whereas knowledge may be essentially increased among men by insti-
tating scientific researches, and, generally, by spreading among the people
a taste for science and the arts—

‘¢ Be it further enacted, That the board of managers shall establish a nor-
mal branch of the institution, by appointing some suitable person as pro-
fessor of common school instruction, with such other professors, chiefly of

the more useful sciences and arts, as may be necessary for such a thorough,
scientific and liberal course of instruction as may be adapted to qualify

TWENTY-NINTH CONGRESS, 1845-47. 463

young persons as teachers of common schools, and to give to others a knowl-
edge of an improved common school system; and also, when desired, to
qualify students as teachers or professors of the more important branches
of naturalscience. And the board of managers may authorize the professors
of the institution to grant to such of its students as may desire it, after
suitable examination, certificates of qualification as common school teachers ;
and also as teachers or professors in the various branches of science; they
may also employ able men to lecture upon useful subjects, and shall fix the
compensation of such lecturers and professors.’

The question was taken by tellers, and decided in the
atirmative—ayes 72, noes 42.

So the words were stricken out.

[The section, as amended, stands in the following form :

“ Be it further enacted, That there shall not be established in connection
with the institution, any school of law, or medicine, or divinity, nor any
professorship of ancient languages. And the said managers shall make,
from the interest of said fund, an appropriation, not exceeding an average
* of ten thousand dollars annually, for the gradual formation of a library,
composed of valuable works pertaining to all departments of human knowl-
edge.’’ |

Section eight being under consideration, Mr. Owsrn
moved an amendment to add at its close an amendment,
which after various modifications, assumed the following
form:

“ And the said board of managers shall appoint such professors of the
more useful sciences and arts as may be necessary tor a thorough, scientific,
and liberal course of instruction; they may also employ able men to lecture
upon useful subjects, and shall fix the compensation of such lecturers and
professors: Provided, That the expenditure on account of the institution
shall at no time exceed the interest of the fund.”’

Mr. Boyp and Mr. Apams respectively raised the point of
order against this amendment, on the ground of identity
with the words stricken out on motion of Mr. Adams.

The CuarrMAn overruled the point of order; thus decid-
ing the amendment in order.

The question was taken, and, after some delay for want
of a quorum, was decided in the negative—ayes 42, noes 77.

So the motion was rejected.

Mr. Apams moved to strike out the ninth section, in the
words following, (which he said were now rendered useless
by the amendments previously made :)

Sec. 9. And be it further enacted, That the said board of managers shall
also make rules and regulations for the admission of students into the various
departments of the institution, and their conduct and deportment while
they remain therein: Provided, That all instruction in said institution shall
be gratuitous to those students who conform to such rules and regulations.”

The question being taken, was decided in the affirmative.

So the section was stricken out.

The tenth section being under consideration, Mr. Grius

464 CONGRESSIONAL PROCEEDINGS.

moved an amendment, to add at the end thereof the follow-
ing:

‘© And shall cause to be published from time to time books in raised charac-
ters for the education of the blind, to be distributed by the said board of
managers, among the different State institutions for the education of the
blind.”

The question being taken the amendment was rejected.

Mr. Woop moved an amendment, to insert in the 4th
line of 10th section the word ‘ useful,” and strike out the
11th, 12th, and 13th lines.

The question being taken, the amendment was rejected.

Mr. Apams moved to strike out the 10th section, (in order
to conform to previous amendments.)

The question being taken, was decided in the affirmative ;
ayes 68, noes 37.

So the section was stricken out.

Mr. Woop moved an amendment, to add as a new section,
between the 10th and 11th sections, the following:

‘(And be it further enacted, That the sum of $20,000 of the interest of said
fund be, and is hereby, appropriated annually for the purchase or publica-
tion of a library for the diffusion of useful knowledge, to be selected or
published under the direction of the said board of managers, which shall
include the best elementary popular works upon the history, geography,
and statistics of the United States; upon botany, mineralogy, geology,
agriculture, agricultural chemistry, mechanics, and physiology ; and which
said library shall be distributed among the several States and Territories
in the ratio of their representation, and be forwarded to the several Gov-
ernors of said States and Territories, to be distributed among the people
thereof in such a manner as their respective legislatures shall determine,
and shall most tend to increase and diffuse knowledge.”

Mr. Jerrerson Davis moved an amendment, to add at
the close of the last section the following proviso:

“And provided further, That no appropriation shall be made for the ad-
vancement of this institution except from moneys which properly belong to
the Smithsonian fund.”

Agreed to.

Mr. McCLeRNAND gave notice of a substitute which he
intended to offer, when in order, (which was read for infor-
mation.)

Mr. G. W. Jonzus moved a further proviso at the end of
the bill, as follows:

‘« Provided, 'Yhat nothing in this act shall be so construed as to connect,
in any manner whatever, said Smithsonian Institution with any other insti-
tution or society whatever,”’

Rejected.

The bill having now been gone through with, the ques-
tion recurred on the amendment of Mr. G. W. Jones, to
strike out all of the bill after the word “ be,” in the 6th line,
Ist section, and insert:

TWENTY-NINTH CONGRESS, 1845-47. 465

‘‘ Paid by the Secretary of the Treasury to the heirs-at-law or next of kin
or residuary legatee of the said James Smithson, or their authorized agents,
whenever they shall demand the same: Provided, That the Secretary of
the Treasury shall, in paying over said money as herein directed, deliver
to said heirs all State bonds or other stecks of every kind, which have been
purchased with said money or any part thereof, in lieu of so much of said
money as shall have been so invested in State bonds or other stocks, and the
balance of said sum of money, if any, not so invested, shall be paid out of
any money in the Treasury not otherwise appropriated.’’

Mr. Sims moved as an amendment to the amendment the
proposition of which he had given notice, (as a substitute
for the bill,) to provide for the return of the money.

The CHarRMAN decided the amendment out of order at
this time.

Mr. RatHpun moved to amend the amendment of Mr.
JONES, by striking out so much as relates to the restoring
to the heirs, &e., of Mr. Smithson, the bonds of the States,
(so that the money, and not the bonds, should be returned.)

The amendment to the amendment was rejected.

The question then recurring on the original amendment
of Mr. Jonzs, was taken by tellers, and decided in the neg-
ative—ayes 8, noes 115.

So the amendment was rejected.

The question then being on rising and reporting the bill
as amended—

Mr. Apams, in compliance with previous notice, offered
the following substitute for the bill:

Strike out the preamble, and all except the enacting
clause, and insert:

‘‘That the President of the United States be requested, by the use of
suitable means of moral suasion, and no others, to obtain from the govern-
ments of the States of Arkansas and Illinois payment of the arrears of
interest due from the said States to the United States, and the interest there-
after, and the principal as it shall become due, according to the promises on
the face of the bonds given by the said States for moneys bequeathed by
James Smithson, a benevolent Englishman, to the United States of America,
for the special purpose of founding at the city of Washington an institu-
tion for the increase and diffusion of knowledge among men, which bequest
was, by an act of Congress, approved on the first of July, 1836, accepted,
with a pledge of the faith of the United States that it should be applied to
the purposes prescribed by the testator.

“Suc. 2. And be it further enacted, That when payment shall have been
obtained from the said States of Arkansas and Illinois of the arrears of
interest due on their said bonds, Congress shall forthwith proceed to appro-
priate said sums of interest so recovered, together with the interest hitherto
received, or hereafter to be received, until the time of making such appro-
priations, in such manner as they shall deem suited to redeem the pledge of
the faith of the United States, to the application of the funds of the bequest
of the said James Smithson, to the specific purpose prescribed by the tes-
tator.

‘Src. 8. And be it further enacted, That until the arrears of interest due
by the said States of Arkansas and Illinois to the United States, upon their
said respective bonds, shall have been received at the Treasury of the United

30

466 CONGRESSIONAL PROCEEDINGS.

States, no appropriation shall be made by Congress chargeable upon the
people of the United States, for the fulfillment of the purposes prescribed
by the testator, James Smithson, for the disposal of his bequest.

‘“ Sec. 4. And be it further enacted, That within the first thirty days of
each and every successive session of Congress, it shall be the duty of the
Secretary of the Treasury to report to Congress the then actual state of the
Smithsonian fund, and particularly the amount of arrears of interest due
upon the said bonds of the States of Arkansas and Illinois, together with
copies of all correspondence, showing the result of the means of moral
suasion used during the preceding year to obtain payment of the said ar-
rears of interest; and the said annual reports shall be printed for the infor-
mation of the people.”’

Mr. Hopkins moved an amendment to the amendment,
to strike out in its first section the words ‘* of moral suasion
and no others.” Agreed to.

The third section of the said substitute amendment being
under consideration.

Mr. J. Davis moved an amendment, to add at the end of
the section the following :

‘* Provided, however, That if the Governor of the State of Arkansas shall
make it appear to the satisfaction of the Attorney General of the United
States that he has used suitable means to obtain from the Real Estate Bank
of Arkansas payment of the debt due by said bank to the State of Arkansas,
but without success, then, and in that case, and until the arrears due by the
said Real Estate Bank shall have been received into the Treasury of the
State of Arkansas, the said State shall be, and is hereby, declared to be
absolved from the promises on the face of her bonds by which the said State
heretofore pledged her faith for the due payment of the principal and interest
of said bonds.

The question being taken, the amendment was rejected.

Mr. WENtTWorTH moved an amendment, to add at the end
of the section the following: |

‘‘That the State of Illinois shall have the power hereafter, like other
States, to tax all lands within that State as soon as sold, providing the pro-
ceeds of said tax shall be applied to paying the interest due the Smithson

fund, so far as may be necessary, and the balance, if any, to paying the in-
terest upon her other bonds.

Mr. Hopxins raised the point of order against the amend-
ment, on the ground of irrelevancy.

The CHarRMAN sustained the point, and decided the
amendment out of order.

Mr. E. H. Ewrne moved an amendment to the substitute,
to strike out the third section. Rejected.

The fourth section, on the suggestion of Mr. Hopxrns,
was so modified by Mr. ApAms, as to conform to the amend-
ment of the first, by striking out the words ‘‘ moral suasion.”’

The question then being on the substitute of Mr. Adams,
as amended, was taken by tellers, and decided in the nega-
tive—ayes 57, noes 74.

So the substitute of Mr. Adams was rejected.

TWENTY-NINTH CONGRESS, 1845-47. 467

The question again recurring on the original bill, as
amended.

Mr. Howes offered the amendment of which he had given
notice as a substitute for the entire bill, being a bill consist-
ing of fourteen sections.

Mr. Marsu moved several amendments, all with a view,
as he said, to direct the appropriation entirely to the pur-
poses of a library.

The first one was to section 7th, to strike out the words
“and such lecturers as may be employed by said board,”
and the words “ and lecturers, and all other officers of the
institution.”

The question being taken, was decided in the affirmative
—ayes 72, noes 39.

So the amendment was agreed to.

Mr. Marsu next moved to strike out section 8, as follows:

‘Sec. 8. And be it further enacted, That the said Board of Regents shall
employ so many and such able men to lecture upon useful subjects and at

such times and places as they may deem most beneficial for the ‘ increase

and diffusion of knowledge among men;’’ and shall also, during each ses-
sion of Congress, cause a course of such lectures to be delivered, weekly or
semi- weekly, publicly, in the lecture-room of said institution, and shall
make all suitable provisions for the accommodation of all members and
honorary members of said institution, and of both Houses of Congress.’’

Also, an amendment to the ninth section, to increase the
annual appropriation for the library from $20,000 to $25,-
000. Agreed to.

Mr. Tispatts moved to strike out the first section.

The Cuarrman decided the amendment to be out of order,
that portion of the substitute bill having been passed.

Mr. Mars moved an amendment to strike out the 10th
and 11th sections of the substitute, in the words following:

“Sec. 10. And be it further enacted, That the said board of regents shall
make all needful rules, regulations, and by-laws, for the government of
the institution and the persons employed therein; and, in prescribing the
duties of the professors and lecturers, they shall have reference to the intro-
duction and illustration of subjects connected with the application of sci-
ence to the productive and liberal arts of life, improvements in agriculture,
in manufactures, in trades, and in domestic economy; and they shall also
have speeial reference to the increase and extension of scientific knowledge
generally, by experiment and research. And the said regents shall cause
to be printed, from time to time, any lecture or course of lectures which
they may deem useful. And it shall be the duty of each lecturer while in
the service of the institution, to submit a copy of any lecture or lectures
delivered by him to the regents, if required.

‘Sec. 11. And be it further enacted, That it shall be competent for the
board of managers to cause to be printed and published, periodically or oc-
casionally, essays, pamphlets, magazines, or other brief works or produc-
tions for the dissemination of information among the people, especially
works in popular form on agriculture and its latest improvements, or the
sciences and the aid they bring to labor, manuals explanatory of the best

468 CONGRESSIONAL PROCEEDINGS.

systems of common school instruction, and, generally, tracts illustrative of
objects of elementary science, and treatises on history, natural and civil,’

chemistry, astronomy, or any other department of useful knowledge; and
may, at their discretion, offer and pay to any citizen or foreigner such sum
or prize as they may deem discreet for the best written production of any

such prize essay or work; and shall, whenever required by resolution of

either House of Congress, cause to be printed and delivered to such House,
for distribution among the people at large, as public documents of Congress
are distributed, so many copies of such lectures, essays, pamphlets, maga-
zines, tracts, or other brief works, as they may procure to be written or

delivered, under the provisions of this act, as shall be required by such res- -

olution, the expenses of which to be paid out of the funds of said institu-
tion.’’

The amendment was agreed to.

Mr. THurMAN moved an amendment, to strike out the
12th section. Rejected.

Mr. Dovetass moved an amendment, as an additional
section, (the 13th,) in the words following:

“Src. 13. And be it further enacted, That the author or proprietor of any
book, map, chart, musical composition, print, cut, or engraving, for which

a copyright shall be secured under the existing acts of Congress, or those

which shall hereafter be enacted, respecting copyrights, shall, within three
months from the publication of said book, map, chart, musical composition,
print, cut, engraving, deliver, or cause to be delivered, one copy of the
same to the librarian of the Smithsonian Institution, and one copy to the
librarian of the Congress Library, for the use of said libraries.”

The question being taken, the amendment was agreed to.

The question now being on adopting the substitute of Mr.
Hough, as amended, was taken by tellers, and decided in
the afiirmative—ayes 83, noes 40.

So the substitute was adopted.

The committee then rose and reported the bill and amend-.

ments to the House.

The question being first on agreeing to the substitute
amendment of the committee, Mr. Boyd demanded the pre-
vious question, which was seconded.

The main question was ordered.

The yeas and nays were asked and ordered, and being
taken, resulted—yeas 81, nays 76—as follows:

YEAS—Messrs. John Q. Adams, Arnold, Atkinson, Barringer, Bell, J.
A. Black, Brockenbrough, Milton Brown, William G. Brown, Buffington,
William W. Campbell, John H. Campbell, Carroll, Chipman, Clarke,
Cobb, Cocke, Collin, Cranston, Crozier, Cullom, Garrett Davis, Delano,
Dockery, Douglass, Dunlap, John H. Ewing, Edwin H. Ewing, Faran,
Ficklin, Foot, Giddings, Grider, Grinnell, Hampton, Harper, derrick,
Hilliard, Elias B. Holmes, Hough, Edmund W. Hubard, Samuel D. Hub-
bard, Hudson, Washington Hunt, Andrew Johnson, George W. Jones,
Daniel P. King, Thomas Butler King, Lawrence, Lewis, Levin, Ligon,
Maclay, McGaughey, McHenry, McIlvaine, Marsh, Morse, Moseley, Norris,
Parish, Payne, Relfe, John A. Rockwell, Root, Scammon, Seaman, Simp-
son, Truman Smith, Albert Smith, Strohm, Benjamin Thompson, Thur-
man, Tilden, Trumbo, Vance, Vinton, Young, and Yost—81.

tet

TWENTY-NINTH CONGRESS, 1845-47. 469

NAYS—Messrs. Stephen Adams, Bowlin, Boyd, Brinkerhoff, Brodhead,
Burt, Cathcart, Reuben Chapman, Chase, Constable, Cunningham, Daniel,
Dargan, Jefferson Davis, Dillingham, Dobbin, Dromgoole, Giles, Good-
year, Gordon, Graham, Grover, Hamlin, Harmanson, Henley, Hoge, Hop-
kins, George 8S. Houston, Hungerford, James B. Hunt, Hunter, Charles J.
Ingersoll, Joseph R. Ingersoll, Joseph Johnson, Preston King, Leake, La
Sere, Lumpkin, McLean, McClernand, McCrate, James McDowell, McKay,
J. P. Martin, B. Martin, Morris, Moulton, Owen, Perrill, Phelps, Pollock,
Price, Rathbun, Reid, Ritter, Sawtelle, Severance, Alexander D. Sims,
Leonard H. Sims, Caleb B. Smith, Robert Smith, Stanton, St. John, Sykes,
Thibodeaux, Thomasson, Jacob Thompson, Tibbatts, Wentworth, Wheaton,
Wick, Wilmot, Woodruff, Woodward, Yancey, and Yell—76.

So the amendment of the committee was adopted.

The bill was then ordered to be engrossed.

Mr. Gorpon demanded the yeas and nays on the passage
of the bill; which were ordered, and being taken, resulted
—yeas 85, nays 76—as follows :

YEAS—Messrs. John Q. Adams, Arnold, Bell, James A. Black, Brink-
erhoff, Milton Brown, Buffington, William W. Campbell, John H. Camp-
bell, Carroll, Cathcart, Cranston, Crozier, Cunningham, Garrett Davis,
Jefferson Davis, Delano, Dockery, Douglass, Dunlap, Edwin H. Ewing,
Faran, Foot, Garvin, Giddings, Giles, Goodyear, Grider, Grinnell, Ham-
lin, Hampton, Harper, Herrick, Hilliard, E. B. Holmes, Hough, Samuel
D. Hubbard, Hudson, Hungerford, Washington Hunt, Charles J. Ingersoll,
Daniel P. King, Thomas B. King, Lawrence, Leib, Lewis, Levin, Maclay,
McCrate, McGaughey, McHenry, McIlvaine, Marsh, Morse, Moseley,
‘Owen, Pollock, Rathbun, Relfe, John A. Rockwell, Root, Sawtelle, Scam-
mon, Seaman, Severance, Truman Smith, Albert Smith, Caleb B. Smith,
Stanton, Strohm, Strong, Sykes, Thomasson, Benjamin Thompson, Thur-
man, Tilden, Trumbo, Vance, Vinton, Wentworth, Wick, Wilmot, Wood,
Young, and Yost—85.

NAYS—Messrs. Stephen Adams, Atkinson, Barringer, Bayly, Bowlin,
Boyd, Brockenbrough, Brodhead, William G. Brown, Burt, Reuben Chap-
man, Chase, Chipman, Clarke, Cobb, Cocke, Collin, Constable, Cullom,
Daniel, Dargan, Dillingham, Dobbin, Dromgoole, Erdman, Graham, Gro-
ver, Harmanson, Hoge, Hopkins, George 8. Houston, EH. W. Hubard, James
B. Hunt, Hunter, Joseph R. Ingersoll, Joseph Johnson, Andrew Johnson,
George W. Jones, Preston King, Leake, La Sere, Ligon, Lumpkin, Mc-
Clean, McClelland, McClernand, James McDowell, McKay, John P. Mar-
tin, Barkley Martin, Morris, Moulton, Norris, Parrish, Payne, Perrill,
Phelps, Price, Reid, Ritter, Alexander D. Sims, Leonard H. Sims, Simp-
son, Thomas Smith, Robert Smith, Stephens, St. John, Thibodeaux, Jacob
Thompson, Tibbatts, Wheaton, Woodruff, Woodward, Yancey, and Yell—
76.

So the bill was passed in the following form, (being the
substitute of Mr. Hough, as amended :)

A BILL to establish the ‘‘Smithsonian Institution,’’ for the increase and
diffusion of knowledge among men.

James Smithson, Esquire, of London, in the Kingdom of Great Britain,
having by his last will and testament given the whole of his property to the
United States of America, to found at Washington, under the name of the
Smithsonian Institution, an establishment for the increase and diffusion of
knowledge among men; and the United States having, by an act of Con-
gress, received said property and accepted said trust; therefore, for the
faithful execution of said trust according to the will of the liberal and en-
lightened donor—

470 CONGRESSIONAL PROCEEDINGS.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President and Vice-
President of the United States, the Secretary of State, the Secretary of the
Treasury, the Secretary of War, the Secretary of the Navy, the Postmaster
General, the Attorney General, the Chief Justice, and the Commissioner of
the Patent Office of the United States, and the Mayor of the city of Wash-
ington, during the time for which they shall hold their respective offices,
and such other persons as they may elect honorary members, be, and they
are hereby, constituted an ‘‘establishment,’”’ by the name of the “Smith-
sonian Institution,” for the increase and diffusion of knowledge among
men; and by that name shall be known and have perpetual succession,
with the powers, limitations, and restrictions hereinafter contained, and no
other.

Sec. 2. And be it further enacted, That so much of the property of\ the
said James Smithson as has been received in money, and paid into the
Treasury of the United States, being the sum of five hundred and fifteen
thousand one hundred and sixty-nine dollars, be lent to the United States
Treasury, at six per cent. per annum interest from the first day of Septem-
ber, in the year one thousand eight hundred and thirty-eight, when the same
was received into the said Treasury; and that so much of the interest as
may have accrued on said sum on the first day of July next, which will
amount to the sum of two hundred and forty-two thousand one hundred
and twenty-nine dollars, or so much thereof as shall by the Board of Re-
gents of the Institution established by this act be deemed necessary, be, and
the same is hereby, appropriated for the erection of suitable buildings, and
for other current incidental expenses of said Institution ; and that six per
cent. interest on the said trust fund—it being the said amount of five hun-
dred and fifteen thousand one hundred and sixty-nine dollars received into
the United States Treasury on the first of September, one thousand eight
hundred and thirty-eight, payable, in half-yearly payments, on the first of
January and July in each year be, and the same is hereby, appropriated
for the perpetual maintenance and support of said Institution ; and all ex-
penditures and appropriations to be made from time to time, to the purposes
of the Institution aforesaid, shall be exclusively from the accruing interest,
and not from the principal of the said fund. And be it further enacted,
That all the moneys and stocks which have been, or may hereafter be,
received into the Treasury of the United States on account of the fund
bequeathed by James Smithson, be, and hereby are, pledged to refund to
the Treasury of the United States the sums hereby appropriated.

Src. 3. And be it further enacted, That the business of the said Institution
shall be conducted at the city of Washington by a Board of Regents by the
name of the Regents of the ‘‘Smithsonian Institution,” to be composed of
the Vice-President of the United States, the Chief Justice of the United
States, and the Mayor of the city of Washington, during the time for
which they shall hold their respective offices; three members of the Senate
and three members of the House of Representatives, together with six other
persons, other than members of Congress, two of whom shall be members
of the National Institute in the city of Washington, and resident in the
said city ; and the other four thereof shall be inhabitants of States, and no
two of them of the same State. And the Regents, to be selected as afore-
said, shall be appointed immediately after the passage of this act—the
members of the Senate by the President thereof, the members of the House
by the Speaker thereof, and the six other persons by joint resolution of the
Senate and House of Representatives; and the members of the House so
appointed shall serve until the fourth Wednesday in December, the second
next after the passage of this act; and then, and biennially thereafter, on
every alternate fourth Wednesday of December, a like number shall be
appointed in the same manner, to serve until the fourth Wednesday in
December, the second succeeding their appointment And the Senators so
appointed shall serve during the term for which they shall hold, without

TWENTY-NINTH CONGRESS, 1845-47. 471

re-election, their office as Senators. And vacancies, occasioned by death,
resignation, or otherwise, shall be filled as vacancies in committees are
filled; and the other six members aforesaid shall serve, two for two years,
two for four years, and two for six years ; the terms of service, in the first
place, to be determined by lot; but after the first term, then their regular
term of service shall be six years; and new elections thereof shall be made
by joint resolution of Congress; and vacancies occasioned by death, resig-
nation, or otherwise, may be filled in like manner, by joint resolution of
Congress. And the said Regents shall meet in the city of Washington on
the first Monday of September next after the passage of this act, and or-
ganize by the election of one of their number as Chancellor, who shall be
the presiding officer of said Board of Regents, by the name of the Chan-
cellor of the ‘‘ Smithsonian Institution,’’ and a suitable person as Secretary
of said Institution, who shall also be the Secretary of said Board of Regents ;
said Board shall also elect three of their own body as an Executive Com-
mittee, and said Regents shall then fix on the time for the regular meeting
of said Board; and on application of any three of the Regents to the Sec-
retary of the said Institption, it shall be his duty to appoint a special meet-
ing of the Board of Regents, of which he shall give notice by letter to each
of the members; and at any meeting of said Board, five shall constitute a
quorum to do business. And each member of said Board shall be paid his
necessary travelling and other actual expenses in attending meetings of the
Board, which shall be audited by the Executive Committee, and recorded
by the Secretary of said Board ; but his services as Regent shall be gratui-
tous. And whenever money is required for the payment of the debts or
performance of the contracts of the Institution, incurred or entered into in
conformity with the provisions of this act, or for making the purchases and
executing the objects authorized by this act, the Board of Regents or the
Executive Committee thereof, may certify to the Chancellor and Secretary
of the Board that such sum of money is required; whereupon, they shall
examine the same, and, if they shall approve thereof, shall certify the same
to the proper officer of the Treasury for payment. And the said Board
shall submit to Congress, at each session thereof, a report of the operations,
expenditures, and condition of the Institution.

Sec. 4. And be it further enacted, That after the Board of Regents shall
have met, and become organized, it shall be their duty forthwith to proceed
to select a suitable site for such building as may be necessary for the Institu-
tion ; which ground may be taken and appropriated out of that part of the
public ground in the city of Washington, lying between the Patent Office
and Seventh street: Provided, The President of the United States, the Sec-
retary of State, the Secretary of the Treasury, the Secretary of War, the
Secretary of the Navy, and the Commissioner of the Patent Office, shall
consent to the same; but if ‘the persons last named shall not consent, then
such location may be made upon any other of the public grounds within the
city of Washington, belonging to the United States, which said Regents
may selgct, by and with the consent of the persons herein named ; and the
said ground so selected shall be set out by proper metes and bounds, and a de-
scription of the same shall be made and recorded in a book to be provided
for that purpose, and signed by the said Regents, or so many of them as
may be convened at the time of their said organization; and such record,
or a copy thereof, certified by the Chancellor and Secretary of the Board of
Regents, shall be received in evidence in all courts of the extent and boun-
daries of the lands appropriated to the said Institution ; and upon the mak-
ing of such record, such site and lands shall be deemed and taken to be
appropriated, by force of this act, to the said Institution.

Src. 5. And be it further enacted, That, so soon.as the Board of Regents
shall have selected the said site, they shall cause to be erected a suitable
building, of plain and durable materials and structure, without unnecessary
ornament, and of sufficient size, and with suitable rooms, or halls, for the
reception and arrangement, upon a liberal scale, of objects of natural his-

472 CONGRESSIONAL PROCEEDINGS.

tory, including a geological and mineralogical cabinet; also a chemical
laboratory, a library, a gallery of art, and the necessary lecture rooms ; and
the 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 such plan as may be directed by the Board of Regents, and shall take
sufficient security for the building and finishing the same according to the
said plan, and in the time stipulated in such contract; and may so locate
said building, if they shall deem it proper, as in appearance to form a wing
to the Patent Office building, and may so connect the same with the present
hall of said Patent Office building, containing the National Cabinet of
Curiosities, as to constitute the said hall, in whole or in part, the deposit
for the cabinet of said Institution, if they deem it expedient to do so; pro-
vided sxid building shall be located upon said Patent Office lot in the man-
ner aforesaid: Provided, however, That the whole expense of building and
enclosures aforesaid shall not exceed the amount of ; which sum is
hereby appropriated, payable out of money in the Treasury not otherwise
appropriated ; together with such sum or sums out of the annual interest
accruing to the Institution, as may, in any year remain unexpended, after
paying the current expenses of the Institution. And duplicates of all such
contracts as may be made by the said Board of Regents shall be deposited
with the Treasurer of the United States; and all claims on any contract
made as aforesaid shall be allowed and certified by the Board of Regents, or
the Executive Committee thereof, as the case may be, and, being signed by
the Chancellor and Secretary of the Board, shall be a sufficient voucher for
settlement and payment at the Treasury of the United States. And the
Board of Regents shall be authorized to employ such persons as they may
deem necessary to superintend the erection of the buildings and fitting up
the rooms of the Institution. And all laws for the protection of public
property in the city of Washington, shall apply to, and be in force for, the
protection of the lands, buildings, and other property of said Institution.
And all moneys recovered by, or accruing to, the institution shall be paid
into the Treasury of the United States to the credit of the Smithsonian
bequest, and separately accounted for, as provided in the act approved July
first, eighteen hundred and thirty-six, accepting said bequest.

Src. 6. And be it further enacted, That, in proportion as suitable arrange-
ments can be made for their reception, all objects of art and of foreign
and curious research, and all objects of natural history, plants, and geolog-
ical and mineralogical specimens belonging, or hereafter to belong, to the
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, and shall be arranged
in such order, and so classed, as best to facilitate the examination and study
of them, in the building so as aforesaid to be erected for the Institution ;
and the Regents of said Institution shall afterwards, as new specimens in
natural history, geology, or mineralogy, may be obtained for the museum
of the Institution by exchanges of duplicate specimens belonging to the
Institution, (which they are hereby authorized to make,) or by donation,
which they may receive, or otherwise, cause such new specimens to be also
appropriately classed and arranged. And the minerals, books, manuscripts,
and other property of James Smithson, which have been received by the
Government of the United States, and are now placed in the Department of
State, shall be removed to said Institution, and shall be preserved separate
and apart from the other property of the Institution.

Src. 7. And be it further enacted, That the Secretary of the Board of
Regents shall take charge of the building and property of said Institution,
and shall, under their direction, make a fair and accurate record of all their
proceedings, to be preserved in said Institution ; and the said Secretary shall
also discharge the duties of librarian and of keeper of the museum, and
may, with the consent of the Board of Regents, employ assistants; and the
said officers shall receive for their services such sum as may be allowed by

TWENTY-NINTH CONGRESS, 1845-47. 473

the Board of Regents, to be paid semi-annually on the first day of January
and July, and the said officers shall be removable by the Board of Regents,
whenever, in their judgment, the interests of the Institution require any
of the said officers to be changed.

Src. 8. And be it further enacted, That the members and honorary mem-
bers of said Institution may hold such stated and special meetings, for the
supervision of the affairs of said Institution, and the advice and instruction
of said Board of Regents, to be called in the manner provided for in the
by-laws of said Institution, at which the President, and in his absence, the
Vice-President of the United States, shall preside. And the said Regents
shall make, from the interest of said fund, an appropriation, not exceeding
an average of twenty-five thousand dollars annually, for the gradual for-
mation of a library, composed of valuable works pertaining to all depart-
ments of human knowledge.

Src. 9. And be it further enacted, That of any other moneys which have
accrued, or shall hereafter accrue, as interest upon the said Smithsonian
fund, not herein appropriated, or not required for the purposes herein pro-
vided, the said managers are hereby authorized to make such disposal as
they shall deem best suited for the promotion of the purposes of the testa-
tor, anything herein contained to the contrary notwithstanding.

Src. 10. And be it further enacted, That the author or proprietor of any
book, map, chart, musical composition, print, cut, or engraving, for which
a copyright shall be secured under the existing acts of Congress, or those
which shall hereafter be enacted respecting copyrights, shall, within three
months from the publication of said book, map, chart, musical composition,
print, cut, or engraving, deliver, or cause to be delivered, one copy of the
same to the Librarian of the Smithsonian Institution, and one copy to the
Librarian of Congress Library, for the use of the said libraries.

Src. 11. And be it further enacted, That there is reserved to Congress
the right of altering, amending, adding to, or repealing any of the provi-
sions of this act: Provided, That no contract, or individual right, made or
acquired under such provisions, shall be thereby divested or impaired.

Mr. OwEN moved to reconsider the vote on the passage
of the bill, and moved the previous question.

The previous question was seconded, and the main ques-
tion was ordered, and, being taken, was decided in the
negative.

So the House refused to reconsider the vote, and the bill
is finally passed.

Howvs& or REepREesEeNTATIVES, July 24, 1846.

Mr. W. W. CampsBeEtt, from the Joint Committee on the
Library, to which was referred the memorial of Mr. Catlin
for the purchase of his gallery of Indian collections of
paintings, made a report thereon, and recommended an
amendment to the bill of the House “To establish the
Smithsonian Institution for the increase and diffusion of
knowledge among men,” providing for the purchase of said
gallery of Indian collections of paintings; which report
was laid upon the table.

Houses or Representatives, August 10, 1846.
A message was received from the President of the United

474 CONGRESSIONAL PROCEEDINGS.

States, informing the House that he had approved and
signed the bill to provide for the establishment of the Smith-
sonian Institution.

The Speaker said, that by one provision of the bill, it
was made the duty of the chair to appoint three regents.

And the Spraker announced that he had accordingly ap-
pointed the following gentlemen :

Mr. Robert Dale Owen, of Indiana; Mr. Wm, J. Hough,
of New York; Mr. Henry W. Hilliard, of Alabama.

PROCEEDINGS IN THE SENATE.

SENATE, January 16, 1847.

Mr. BreeEsE rose and stated that there was a vacancy in
the Board of Regents ef the Smithsonian Institution occa-
sioned by the death of Senator Pennybacker, and that it
was important that the same be filled, inasmuch as there
was to be a meeting of the Board of Regents on the 20th
of this month, at which important business would be
brought forward.

Mr. Breese referred to the law in relation to the mode of
making appointments to fill vacancies occurring in the said
board, which directs that such vacancies shall be filled in
the same manner as vacancies occurring in standing com-
mittees of the Senate. These were filled either by election
on the part of the Senate or by the appointment of the
presiding officer. He moved that the Vice-President be
authorized to appoint a person to fill the vacancy.

Mr. CritTENDEN remarked that he was entirely satisfied
with the appointments which had been made, although
they were made after the adjournment of Congress, and
consequently he had no participation in making them. But
as a vacancy now occurred during a session of Congress,
he thought it would be proper that the Senate should exer-
cise its right to select a person to fill that vacaney. He
was the more desirous that this should be done, inasmuch
as he had in his mind a gentleman who had lately distin-
guished himself in writing upon this subject, and who, he
believed, would be the proper person to be selected.

Mr. Evans reminded the Senator from Kentucky that
the person to be appointed must be a member of the Sen-
ate.

Mr. Crirrenpren. Oh! that being the case, Mr. President,
I offer no further objection to the motion. The person I
wished to see appointed is Dr. Bird.

TWENTY-NINTH CONGRESS, 1845-47. 475

Mr. Westcott said, when the Smithsonian bill was before
Congress at the last session he was opposed to it, and he
believed he voted against it throughout when present in
the Senate, while it was under consideration. He had
many objections to the bill. An insuperable one was, that
he objected to those provisions by which Senators and Rep-
resentatives were to be appointed “ regents,’ an office crea-
ted by the law passed by themselves. Ile had no idea that
it was constitutional, or in anywise proper, for members of
Congress to make offices for themselves of this character.
The office of regent was a civil office—and the Constitution
prohibited members of Congress from being appointed to
any office created “‘ during the term for which they were
elected.”” It was an oflice of trust and honor, and, in some
respects, of emolument. With this belief, he should not
vote upon this motion, to which he had no other objection.
If he voted against it, his vote would be subject to miscon-
struction. He knew a majority of the Senate differed with
him on the constitutional question he had averted to, but
on such a question he must obey the dictates of his own
conscience.

The motion of Mr. Breese was then agreed to.

SENATE, January 18, 1847.

The Vice-President announced that he had appointed
Mr. Lewis Cass to be a Regent of the Smithsonian Institu-
tion, in the place of Mr. Pennybacker, deceased.

SENATE, Pebruary 15, 1847.

Mr. Evans,.in pursuance of notice, obtained leave to
bring in a bill to authorize the Regents of the Smithsonian
Institution to purchase from the corporation of Washington
the City Hall, and for other purposes.

The bill had its second reading, and was referred to the
Committee for the District of Columbia. The bill is as fol-

lows:

AN ACT to authorize the Regents of the Smithsonian Institution to pur-
chase, for the use of said Institution, of the corporation of the city of
Washington, the City Hal!, and for other purposes.

Be it enacted, §c., That the Regents of the Smithsonian Institution be,
and they are hereby, authorized to purchase of the corporation of the city
of Washington all the right, title, and interest of the said corporation in
and to the City Hall of the said city; subject, however, to the conditions
and provisions hereinafter specified: Provided, That the corporation shall,
on or before the tenth day of March next, enter into bond, with sufficient
sureties, to be approved by the Attorney General of the United States, that.
they will erect on the Market Space, between 7th and 9th streets west, and
between Pennsylvania avenue and B street north, a suitable and commoe

476 CONGRESSIONAL PROCEEDINGS.

dious building, in which there shall be included such apartments as may be
necessary for the accommodation of the circuit court of the United States
for the county of Washington, in the District of Columbia, for the use of
the grand and petit jurors of the said county, for the offices of the clerk of
the said court and the marshal of said District, and for the preservation and
security of the books, papers, and records of the said court; and that they
will complete the said building, or so much of the same as may contain the
apartments and accommodations aforesaid, and shall prepare the same for
the said courts and offices, on or before the tenth day of March, 1848. And
upon such purchase being completed, the said corporation shall release and
forever quit claim unto the said Smithsonian Institution all the right and
title of the said corporation unto the said City Hall, and unto the possession
and occupation of the lot or square on which the same now stands.

Src. 2. And be it further enacted, That so soon as the said bond and re-
lease shall be executed by the said corporation, and sufficient evidence
thereof be laid before the President of the United States, the President be,
and he is hereby, authorized to grant unto the said corporation the right to
occupy and improve, for public purposes, all or any portion of that lot or
square of ground in the city of Washington, including the Market Space,
lying between Seventh and Ninth streets west, and bounded on the north
by the south line of Pennsylvania avenue, and on the south by the north
line of B street north. And then, and in that case, there shall also be paid
to the corporation, towards the erection of the building, as provided in the
first section of this act, the sum of thirty-five thousand dollars, which sum
is hereby appropriated out of any money in the Treasury not otherwise ap-
propriated ; and the said sum of- thirty-five thousand dollars is hereby de-
clared to be in full of the apartments and accommodations specified in the
first section of this act; and the said apartments and accommodations shall
forever remain subject to the occupation of the courts and their offices
aforesaid.

Src. 8. And beit further enacted, That in case of the execution, by the
said corporation, of the bond and release aforesaid, the Regents of the
Smithsonian Institution be, and they are hereby authorized, by resolution
of the Board of Regents, to retrocede to the United States that certain
building site in the city of Washington, and in the public reservation com-
monly called the Mall, which, according to the provisions of the act organ-
izing said Institution, approved August 10, 1846, has become the property
of the said Institution; and, upon proper evidence being adduced, to the
satisfaction of the President of the United States, of said retrocession, the
President shall be, and he is hereby, authorized to convey to the Smith-
sonian Institution, by metes and bounds, so much of that public reservation
in the city of Washington, commonly called the Judiciary Square, as lies
south of the extension of the south line of E street north, being the same
lot or square on which the City Hall now stands; and the said conveyance
by the President shall be received in evidence in all courts of the extent
and boundaries of the lot or square of land which, by virtue of this act,
may become the property of the said Smithsonian Institution.

Src. 4. And be it further enacted, That the Commissioner of Public
Buildings in the city of Washington be, and he is hereby, authorized and
required to provide temporary accommodations in some suitable building.
for the circuit court of the United States for the county of Washington,
and for its offices and records, until the tenth day of March, 1848. And
for the purpose of procuring said accommodations, the sum of one thousand
dollars, or so much of the same as may be required for that object, be, and
the same is hereby, appropriated out of any money in the Treasury not
otherwise appropriated.

Senate, February 22, 1847.
On motion by Mr. Bregsez, the Vice-President was au-.

|
|
|

TWENTY-NINTH coNGRESS, 1845-47. 477

thorized to fill the vacancy in the Board of Regents of the
Smithsonian Institution, caused by the resignation of Mr.
George Evans.

Mr. James A. Pearce, of Maryland, was appointed.

Sunate, Hebruary 27, 1847.

Mr. J. M. Crayton moved an amendment to the Civil
and Dipiomatic Appropriation bill appropriating a sum,
($5,000,) to paid annually, for the purchase of Catlin’s gal-
lery of Indian portraits, &e.

Mr. Clayton stated that this was probably the last oppor-
tunity which would be offered for obtaining this gallery of
paintings, perpetuating the lineaments of these aborigines.
He would not now go into the merits of these paintings.
They had been seen by all the Senators. At the last session
memorials had been presented from the principal artists
praying that they might be purchased by the Government ;
and this was the last opportunity. They were about six
hundred in number, and were now at the Louvre, in Paris,
where they met with unqualified approbation. It was pro-
vided by his amendment that they were not to be purchased
unless the Smithsonian Institution would find a place for
them in their gallery, which he understood would probably
be done. They might, perhaps, be purchased for about
$50,000, of which it was proposed to pay $5,000 annually.

-Mr. Brerse said he was not aware of any arrangement
which had been suggested in the Institute for these paint-
ings; and six hundred of them would fill the entire gallery
intended for fine arts. These pictures are not, of them-
selves, of such excellence as would probably be selected for
the gallery of the arts.

Mr. Westcott was opposed to purchasing the portraits of
savages. What great moral lesson are they intended to in-
culcate? [Le would rather see the portraits of the numer-
ous citizens who have been murdered by these Indians. He
would not vote a cent for a portrait of an Indian.

Mr. J. M. Crayton added, that this collection had cost
Mr. Catlin not less than $10,000. Propositions had been
made for their purchase in Europe, in order to perpetuate
the memory of these Indians; but we are more bound to
preserve them than foreigners were. As to the Institute
this appropriation was to depend on their decision. If they
could not provide a place for them the paintings would not
be purchased.

The motion was then decided in the negative.

478 CONGRESSIONAL PROCEEDINGS.

Senate, March 2, 1847.

Mr. Brezse presented a report of the Board of Regents
of the Smithsonian Institution, made agreeably to law,
showing the operations, expenditures, and condition of the
institution, which was ordered to be printed.

PROCEEDINGS IN SENATE.

Senate, December 30, 1847.

On motion by Mr. Brezss, it was

Ordered, That a member be appointed by the Vice-President to fill the
vacancy in the Board of Regents, occasioned by the resignation of the Hon.
Lewis Cass.

Mr. Davis, of Mississippi, was appointed.
Senate, March 4, 1848.

Mr. Davis, of Mississippi, on leave, introduced a joint
resolution appointing certain Regents of the Smithsonian
Institution ; which was read a first and second time, and
referred to the Committee on the Library.

SENATE, June 1, 1848.

On motion of Mr. Davis, of Mississippi,
Resolved, That one thousand additional copies of the report of the Re-
gents of the Smithsonian Institution be printed for the use of the Senate.

Senate, Jaly 7, 1848.

On motion of Mr. PEarce,

Resolved, That one hundred and fifty copies of the report of the Regents
of the Smithsonian Institution, printed for the use of the Senate, be fur-
nished to the Secretary of the institution for the use of said institution.

PROCEEDINGS IN HOUSE OF REPRESENTATIVES.

Houser oF Representatives, December 8, 1847.

Mr. Wuire gave notice that on to-morrow, or some sub-
sequent day, he would move to amend the rules of the
House, so as to provide for the appointment of a Committee
on the Smithsonian Institution.

Houser oF REPRESENTATIVES, December 13, 1847.

Mr. Wuits, in compliance with the notice he gave yester-
day, introduced the following resolution :

THIRTIETH CONGRESS, 1847-49. 479

Resolved, That the rules of this House be amended by adding one to the
committees, to consist of nine members, which shall be entitled a Commit-
tee on the Smithsonian Institution. It shall be the duty of the said com-
mittee to supervise the proceedings of the Board of Regents, examine ac-
counts and the condition of the funds of the institution, suggest such altera-
tions or amendments of the law under which the institution was established
as may be deemed necessary, and report to the House from time to time, as
the interest of the institution may require.

Mr. Hitxrarp said he supposed that the resolution would,
as a matter of course, lie over.

The Speaker said that the resolution was now before the
House.

Mr. Hitiiarp deemed this resolution entirely unnecessary.
The Regents of the Smithsonian Institution were selected,
three from the Senate and three from this House. What
possible necessity, then, could there be to justify the ap-
pointment of a committee to inspect the affairs of that in-
stitution? Besides, other departments of this Government
were required to act in concert with them, and therefore
there could be no reason to justify the bringing of the affairs
of that institution into this arena of debate, that its progress
might be embarrassed, its harmony of action impaired, and
the objects which it had undertaken he defeated. He asked
the gentleman what good he proposed to accomplish by it ?
He would impute no sinister motive to a gentleman of his en-
larged and enlightened views, but still it must be borne in
mind that the bill itself encountered great difficulties in its
progress through the House during the last session. Much
hostility was manifested to it, and therefore he again asked,
what good could be anticipated from the appointment of
such a committee ?

Mr. Hitzrarp believed they ought not to change the pres-
ent relations of Congress to that institution. A committee
‘appointed by this House would not share in the daily delib-
erations of the Board of Regents, and, without participat-
ing in them, it would be difficult to comprehend all its
designs. The Board of Regents had endeavored in good
faith to carry out the law passed by Congress; and, having
done so, he said, let them go on; and if their affairs should
hereafter call for the appointment of a select committee,
appoint one when required, but do not now provide the
means unnecessarily of constantly bringing on this floor,
where they were so much oppressed with debate, the affairs
of the Smithsonian Institution.

Mr. Wuitz disclaimed all hostility to that institution, and
declared his ardent desire to co-operate with the Regents.
The bequest was a noble one, and it should be carried out

480 CONGRESSIONAL PROCEEDINGS.

in the same spirit. The committee which he proposed to
create, on which he did not desire to be placed, would
merely supervise the appropriations and review its affairs,
and his could not, therefore, be considered a hostile motion.
It was a new institution, under the care and guardianship
of Congress, and such a committee might be necessary to
report what was useful and requisite to carry out the design
of the testator, which was to increase the diffusion of knowl-
edge among men.

Mr. C. J. Inaersoiy suggested, to save time, that the reso-
lution should be referred to the Select Committee on Rules,
who coald take it into consideration and report thereon to
the House. °

Mr. Wutre had no objection to that course. He modified
his resolution accordingly, and it was referred to the select
committee designated.

House or Representatives, December 19, 1847.

The House having under consideration the Rules of the
House, the seventh proposed rule was read as follows:
“7, In addition to the other standing committees of the House, there

shall be one called the Smithsonian Committee, whose duty it shall be to
superintend the affairs of the Smithsonian Institution.”

Mr. C. J. Inaersoit expressed a desire to postpone the
consideration of this rule to a future day.

Mr. Hinurarp said he desired to occupy about ten min-
utes cf the time of the House on this subject at this time.
He thought this was the precise occasion on which a few
words should be said.

Mr. C. J. Inaursott had no objection; but as the other
rules had been disposed of, he wished to defer this for the
present.

Mr. Hriiiarp undertook to move the postponement to a
day certain, and then proceeded as follows:

Mr. Speaker: It so happens, that I am the only member
of the Board of Regents of the Smithsonian Institution now
entitled to a seat on this floor. It is important to secure
the good will of the country in behalf of an enterprise so
elevated—one might say so sublime.

There exists some misconception in regard to the Insti-
tution, and idle rumors are afloat which may affect it inju-
riously. Scientific establishments are not to go out and
court popularity, but they must not be indifferent to public
sentiment. Before entering upon the stormy and engross-
ing debates in which we shall presently be engaged, I

Apes

eee a

THIRTIETH CONGRESS, 1847-49. 481

desire by a simple statement of facts, to give the House a
view of the history, condition, and plans of an institution
which so strongly appeals to us for protection.

Mr. Smithson’s bequest was a noble one. He gave his
whole property to found at the city of Washington “an es-
tablishment for the increase and diffusion of knowledge
among men.” America was selected as a field for so wide
and beneficent a design. Young, vigorous, rapidly increas-
ing in numbers, this country afforded the best ground upon
which to rest an establishment which was designed to en-
lighten mankind.

Entering into the spirit of this bequest, Congress passed
an act making the most liberal provision for carrying it in-
to practical effect. The whole sum, with its accumulated
interest, was turned over to the establishment created by
the act, composed of the President and Vice President of
the United States, the Secretary of State, the Secretary of
the Treasury, the Secretary of War, the Secretary of the
Navy, the Postmaster General, the Attorney General, the
Chief Justice, and the Commissioner of the Patent Office
of the United States, and the Mayor of the city of Wash-
ington, during the time for which they shall hold their res-
pective offices, and such other persons as they may elect
honorary members. The sum amounted to five hundred
and fifteen thousand one hundred and sixty-nine dollars,
and a further sum of two hundred and forty-two thou-
sand one hundred and twenty-nine dollars, being the
accumulated interest upon that sum since it came into
possession of the Government. The principal sum was
forever to remain untouched, the interest was appropriated
to the erection of the building and incidental expenses.
The building to be erected was to meet the provisions of
the act, which required it to contain suitable rooms or halls
for the reception and arrangement, upon a liberal scale, of
objects of natural history, including a geological and min-
eralogical cabinet; also a chemical laboratory, a library, a
gallery of art, and the necessary lecture rooms. Another
section provides that, in proportion as suitable arrangements
can be made for their reception, all objects of art, and of for-
eign and curious research, and all objects of natural history,
plants, and geological and mineralogical specimens, belong-
ing or hereafter to belong to the United States, which may
be in the city of Washington, shall be delivered to the care
of the institution, and so classed and arranged as best to
facilitate the examination and study of them in the building
to be erected. This at once empties the great. hall of the

; 31

482 CONGRESSIONAL PROCEEDINGS.

Patent Office, three hundred and fifty feet long, of its con-
tents. It must be at once seen that the Smithsonian build-
ing ought, if it is to accommodate these great and various
objects, to be of ample dimensions. This building, too,
was to be erected without delay. The site was to be selec-
ted “ forthwith,” “‘ and so soon” as that was done, the Board
was to proceed with the erection of the building.

The Board of Regents faithfully studied the will of Mr.
Smithson, and the law creating the establishment.

Two things were to be accomplished. First, to increase
knowledge by original research; and then, second to diffuse
it by suitable and efficient agencies; or in the language of
the venerable and distinguished gentleman from Massa-
chusetts, (Mr. Adams,) ‘to spread knowledge throughout
the world.”

The task devolved by Congress on the Regents was no
light one. They were called on to organize and set on foot
this establishment, so beneficent in its conception, so com-
prehensive in its design. The act of Congress prescribed
certain parts of the plan, and left the other parts to be de-
vised by the Board of Regents. That part of the plan which
was embraced in the act of Congress had almost exclusive
reference to the diffusion of knowledge. The means which
provide for the increase have been supplied by the Regents.

We have been charged with being wildly extravagant—
laying out large sums in purchase of old books. A story
has been circulated that we paid $2,500 for an old and rare
copy of the Bible. Now, sir, no man loves the Bible more
than I do, but I could not have consented to an expenditure
of that sort. I dare say no one member of the Board ever
dreamed of such an expenditure.

Again, some have charged us with being too utilitarian,
confining our operations to an improvement of the physical
condition of mankind. We have certainly endeavored, in
our plan of organization, to provide for the entire wants of
mankind, and to meet the spirit of the age. We have
brought into our service a gentleman who stands in the
front rank of the science of the country—I mean Professor
Henry, formerly of Princeton. His name is well known in
Kurope, and is associated with that of Faraday, and Arago,
and Quetelet. I have before me the plan of organization
adopted for the operations of the institution, to which I de-
desire to call the attention of the House, but which, (as Mark
Antony said on a much more important occasion, about
the will of Ceesar,) pardon me, I do not intend to read. I

THIRTIETH CONGRESS, 1847-49. 483

wish every gentleman in the House would read it, for it
would receive on all sides a warm and generous support.

I desire to submit a few remarks in regard to our build-
ing. We were authorized by Congress to expend $240,000
in its erection; but, in view of the wide field of knowledge
to be cultivated, the Regents resolved to save a part of this
sum and add it to the principal. Keeping in view the great
interests to be provided for, it was resolved to erect a build-
ing of proportions sufficiently ample to meet the require-
ments of the act of Congress, and of a style which should
not offend the eye. This has been effected, a contract has
been entered into, and a plan of expenditure agreed upon,
which, while the building is gradually constructed, will
carry out the plan to full completion, and at the end of five
years from the time of its commencement. So far from
having expended the sum appropriated by Congress for the
purpose, we shall have, after erecting the structure, provid-
ing for its warming and ventilation, and the inclosure of the
grounds, $140,000 to return to the principal sum. In the
meanwhile we are carrying on the operations of the insti-
tution, stimulating original researches, publishing contribu-
tions to science, and gradually increasing our library. At
the same time we pay our debts as we go on. This is, of
course, accomplished by using the interest on the $240,000
for the building and the annually accruing interest on the
principal fund for meeting the regular expenses of the in-
stitution.

The transactions of the present year are highly interest-
ing, and will soon be published in a volume which will com-
pare well with similar publications in Europe.

With the building, so far as it has gone, all paid for and
every debt discharged, we shall have at the end of the year
$10,000 more than we received from Congress.

Is there any necessity for a standing committee of this
Ilouse? Ilow is the Board of Regents composed? The
act of Congress declares that it shall be constituted of the
Vice-President of the United States, the Chief Justice of
the United States, the Mayor of the city of Washington,
three members of the Senate, three members of the House
of Representatives, together with six other persons not
members of Congress. Each Ifouse of Congress, it will
be perceived, has three members of the Board of Regents ;
and it is required by law that the board shall submit to
Congress at each session a report of the operations, expen-
ditures, and condition of the institution.

At the last session, I presented a full report according to

484 CONGRESSIONAL PROCEEDINGS.

law, which I now have before me; it was printed and circu-
lated. Another report is about to be presented, embracing
the report of the building committee, a paper containing
some three hundred pages, full of useful information, which
I should be happy to see printed. Is it then necessary to
appoint a committee? Is it proper? . Isit becoming? A
committee of this House appointed ‘to superintend the
affairs of the Smithsonian Institution!” This committee
will bring under its supervision the Vice-President of the
United States, the Chief Justice, three Senators, three Rep-
resentatives, and six citizens at large, selected because of
their character and attainments. May I most respectfully
ask, who will superintend the affairs of that committee of
five? Where is the necessity for thus complicating the
machinery of an institution which ought to be left to enjoy
the repose which science loves ?

I hope, sir, that this institution, so important to this coun-
try and to mankind, will not be launched on the ever-heay-
ing sea of politics. If that should happen, we should soon
lose sight of land; storms and shipwreck would await us,
and the hopes which crowned our noble enterprise in its
commencement would perish with us.

I thank the House for the attention with which they have
heard these remarks; it evinces the interest which they feel
in an institution which claims their protection.

Mr. Hilliard concluded by moving to lay the proposed
rule on the table.

Mr. Anprew Jounson said he thought he understood the
agreement between the gentleman from Alabama and the
gentleman from Pennsylvania to be, that this subject should
be postponed to a day certain.

Mr. C. J. InaceRsoti. My suggestion was, that the con-
sideration of the subject be postponed to any given day
which the gentleman from Alabama might name.

Mr. Hiturarp. I have no choice at all, sir.

Mr. IncuRSOLL indicating his wish that the gentleman
from Alabama should name the day.

Mr. Hittrarp said he would move, if agreeable to the
House, that it be postponed to this day twelve months.

Mr. AnpDREW JouNson addressed the chair, and inquired
if that motion was not debatable ?

The Speaker replied in the affirmative.

Mr. C. J. InaerRso“t suggested to Mr. Hilliard that his
understanding was that it should be postponed to some day
not distant, when the House could reach and dispose of it.

Mr. Hitir1arp said he would withdraw the motion, as he

Cr

THIRTIETH CONGRESS, 1847-49. 485

preferred the gentleman from Pennsylvania should make
his own motion.

The SPEAKER said the gentleman from Pennsylvania had
not the floor to make the motion. The gentleman from
Tennessee [Mr. A. Johnson] had taken the floor.

Mr. Hiiurarp then remarked that he had been reminded
that his pledge was to move a postponement to a day within
a reasonable period, and said he would modify his motion
so as to name the 3d day of January next.

The SpeaAKER said the motion could not be altered with-
out the consent of the gentleman from Tennessee, who had
the floor.

Mr. Hriuiarp appealed to the gentleman from Tennessee
to permit the modification to be made.

Mr. Jounson had no objection, provided it did not deprive
him of the floor.

The motion was accordingly modified by Mr. Hilliard so
as to postpone to the 3d day of January.

Mr. AnpREw Jounson then proceeded in his remarks.
He said the gentleman who had just closed his remarks had
seen no propriety or necessity for the appointment of this
committee. He seemed to think it would be humiliating
and detracting somewhat from the dignity of these individ-
uals—who were called ‘‘ Regents,” he believed, in the act
establishing the Smithsonian Institution—to have their pro-
ceedings come under the supervision of a committee of this
House. Now, his (Mr. Johnson’s) conceptions about dignity
and position in this country were perhaps different from
those of the gentleman from Alabama. According to his
notions of government, this body occupied the highest and
most elevated position. In this Democratic Government it
was held that the people are sovereign, the source of all
power; this body stands next to the people, next to the sov-
ereignty, and instead of detracting from their dignity, he
thought it was assigning them their true position. He knew
there were some who were really fascinated by that word
“ Regent,” and the fondness of such things was increasing
in our country.

He thought the gentleman from Alabama had demonstra-
ted clearly to this House, in his opposition to the creation of
this committee, the necessity of its creation. If all was
done well, everything regularly transacted, if the money
was judiciously expended, in the name of common reason
would it injure or affect their proceedings to be supervised
by a committee appointed by this body? Why, the very
disposition to shrink from the supervision of a committee

486 CONGRESSIONAL PROCEEDINGS.

appointed by the popular branch of the Government ought
to carry conviction to the mind of this House of the neces-
sity of its creation.

He was no prophet, but when the bill was before the
House for the establishment of the Smithsonian Institution,
he had predicted what had already become a matter of fact
—that this institution would be an incubus upon the Treas-
ury, that it would be a perpetual source of expenditure.
The clause in Mr. Smithson’s will ‘for the increase and
diffusion of knowledge among men” read well, it was true.
And the gentleman from Alabama undertook also to prove
how great financiers the Board of Regents were, and said,
after all the improvements are done, they would have over
$100,000 left. And how was this done? Why, they had
taken $242,000, supposed to be the interest which had accu-
mulated on this fund, and put that upon interest—having
bought Treasury notes, he supposed, on which they were
drawing interest; and by this means they had saved an im-
mense sum. Did not every member know, who had paid
attention to the discussion of this subject when the bill
passed placing $500,000 at the discretion of the Board of
Regents, that not a dollar of it was there? They first placed
a certain amount in the Treasury that did not exist there,
and then calculated interest on this fictitious amount, and
then interest on the interest; which is the way in which
they are to carry on their extepsive works.

Mr. Hitiiarp. Is the gentleman charging that upon the
Board or this House ?

Mr. Jounson. Charging what?

Mr. Hitirarp. Why, that a fictitious amount was placed
in the Treasury.

Mr. Jounson. I was going on to prove the position that
this institution would be an incubus upon the Treasury.

Mr. Hitirarp. But does the gentleman charge the put-
ting this fictitious sum in the Treasury, &c., on the Board
or on Congress. I wish him to answer on that point.

Mr. Jounson. On Congress. The bill of last session
placed $500,000 in the Treasury which was not there in
reality. It is true the Government received it; but they
acted as a faithful trustee, and loaned it out, and not a cent
has ever been returned. In this state of the case, Mr. John-
son denied that the Government was justly bound to refund
the money, and that very few of their constituencies would
sanction it. It would have been much better if she had
never consented to act as trustee of it; for, notwithstand-
ing their flourishing with “ Regents,” &c., and talking of

THIRTIETH CONGRESS, 1847-49. 487

such a sum as in the Treasury, it was not there, and the ex-
penses of this institution came out of the Treasury, which
was already heavily taxed and burdened with debt to carry
on the war. He insisted, now that they had commenced
operations, that reports of their proceedings should be reg-
ularly laid before a committee of this House, who would
thus have supervision over them, and be a check upon them.
Such a restraint was needed in all Government establish-
ments, and there was no reason in this case why this insti-
tution should be excepted.

Hovse or Representatives, December 22, 1847.

In pursuance of the act establishing the Smithsonian In-
stitution—

The SPEAKER reappointed Mr. H. W. Hilliard,of Alabama,
a Regent of the said institution ; and appointed Mr. Geo. P.
Marsh, of Vermont, and Mr. Robert McClelland, of Michi-
gan, to the Board of Regents on the part of the House, in
the place of Mr. Hough and Mr. Owen, whose terms have
expired.

Houses or REPRESENTATIVES, January 5, 1848.

The Speaker laid before the House a report from the
Regents of the Smithsonian Institution, showing the opera-
tions, expenditures, and condition of that institution for the
past year.

Mr. Houston, of Delaware, moved to lay the report on
the table, and that it be printed.

Mr. Jounson, of Tennessee, called for a division of the
question, so as to take the question separately on each
branch of the motion.

The question was divided accordingly, and the report was
ordered to be laid on the table. The question then recur-
ring on the motion to print— :

Mr. Jounson, of Tennessee, opposed the printing at pres-
ent. The House saw, in the proposition to print this cum-
brous document, a beginning of what had been anticipated
by some who were opposed to this institution. Here was
a long report, accompanied by many documents, and this
House was called upon to print them ; and he expected they
would have a proposition soon to print an extra number.
It was true the law establishing this institution provides
that the Regents should make a report to the House; but
before this report was printed, before an order to print was
made, the Committee on the Smithsonian Institution ought
to be established, and ought to report to the House the pro-

488 CONGRESSIONAL PROCEEDINGS.

priety of having this report and the accompanying docu-
ments printed.

Perhaps it might be considered by some, as he from the
beginning had opposed this institution, that he had some
personal dislike to those connected with it, or that he was
operated upon from some other unworthy consideration,
that produced his opposition to it. He availed himself of
this occasion to disavow anything of this kind. He wanted
this committee established; he wanted everything connected
with this institution referred to this committee. Let that
committee report the result of their investigation to this
House.

But while he was upon the floor, there were some other
things to which he would advert, for it was very difficult
for him to get the floor here on any given subject. He had
had the honor of making a few remarks the other day upon
the resolution providing for the establishment of a commit-
tee upon the Smithsonian Institution; but before he had
concluded his remarks the House adjourned, and the resolu-
tion had laid over from that day. The whole thing was left
in the fog, and no one could tell when it would be reached
again.

~He had no personal hostility to this institution. He ap-
preciated and approved the design of the donor. He thought
the motives and intentions of Mr. Smithson were good ;_ but
this thing had received an improper direction, and was al-
ready beginning, as he had remarked, to result in a large
annual expenditure to this Government, and Congress were
called upon to appropriate sum after sum for printing and
for other expenses in getting up this institution, which was
to result in no good to the Government or the country.
What good could result from this institution, with its pecu-
liar organization? Why, it would have been much better,
and would no doubt have fulfilled the good intentions and
motives of the man’s heart, had he bequeathed this sum to
the United States to be expended in erecting school houses
of some description in this District, and in the districts
throughout the country, in which the common children of
the country could be educated. It would have been diffus-
ing knowledge among men more profitably, more in accord-
ance with the design of the donor. But what good has this
‘institution done, as now organized ?

Hovst or REPRESENTATIVES, January 17, 1848.

Mr. Jounson, of Tennessee, moved the following resolu-
tions :

THIRTIETH CONGRESS, 1847-49. 489

Resolved, That in addition to the standing committees of this House, there
shall be one called the Smithsonian Committee, whose duty it shall be to
superintend the affairs of the Smithsonian Institution.

Resolved, That the report made by the Regents and accompanying docu-
ments be referred to the Committee on the Smithsonian Institution, whose
duty it shall be to examine the same in connection with the original journal
and other documents from which they have been made, and report to this
House whether, in their opinion it is necessary to print all or any portion
of them, or not; and that said committee be, and is hereby, authorized and
required to take into consideration the propriety and expediency of suspend-
ing all further operations of the Smithsonian Institution until the Treasury
of the United States be relieved from the heavy and pressing burden crea-
ted by the existing war between the anarchy of Mexico and the American
Union. And, further, that said committee be authorized and required to
procure the aid of three architects, distinguished in their profession, asso-
ciated with two responsible and highly reputed scientific practical builders,
who shall take into consideration the site, the design, and material of which
the present building is composed, and report the result of such examination
to this House. And, further, that said committee take into consideration
the propriety of so changing and remodelling the present design of the
Smithsonian Institution as to convert it into a ‘‘ university,’’ in the ex-
tended sense of the term, including the manual labor feature, as to embrace,
agriculture, horticulture, and all the various branches of mechanism, or
as many of them as may be deemed practicable and useful to the country.

The Speaker ruled the resolution out of order.

Mr. Jounson moved to suspend the rules that the resolu-
tion might be received.

The question was put on suspending the rules, and the
motion was disagreed to.

Notices of motions for leave to introduce bills being in
order, the following notice was given :

By Mr. Jounson, of Tennessee: Of a bill to change the
title of an act, approved on the 10th day of August, 1846,
entitled ‘An act to establish the Smithsonian Institution for
the increase and diffusion of knowledge among men,” to
that of the “ Washington University for the benefit of the
indigent children of the District of Columbia,” in memory
of and out of respect to George Washington, the Father
of his Country.

Hovusr or Representatives, March 13, 1848.

Mr. Empree offered the following preamble and resolu-
tion which was read, and the resolution agreed to:

Whereas, James Smithson, Esq., by his last will and testament, having
given the whole of his property, now amounting to more than $700,000, to
the United States, to found an establishment for the increase and diffusion
of knowledge among men, and Congress, to carry out the liberal designs of
the donor, having passed an act entitled ‘‘ An act to establish the Smithso-
nian Institution for the increase and diffusion of knowledge among men,”’
approved August 10, 1846; and whereas officers have been appointed under
said act, and are proceeding to erect a building, which, with the improve-
ments attached, according to their estimate, is to cost about $250,000; and
said officers are about to establish in said building, with the funds of the

490 CONGRESSIONAL PROCEEDINGS.

institution, a library, to contain 100,000 volumes, a museum on a large scale,
a chemical laboratory, lecture rooms for the purpose of delivering lectures,
and a gallery of art; and whereas all of said objects are local in their
nature, and confined to the city of Washington and its vicinity, when the
design of the liberal donor was not only the increase of knowledge but the
diffusion of it amongst men, for the general good; and whereas said act
provides ‘‘ that there is reserved to Congress the right of altering or amend-
ing, adding to, or repealing any of the provisions of this act: Therefore
be it

Resolved, That the Committee of the Library inquire into the expediency
of so changing and modifying said act as to establish a department in said
institution for the purpose of collecting and arranging information on agri-
culture, common school education, political economy, and the useful arts
and sciences; which information, together with the useful lectures that may
be delivered in said institution, shall be published and circulated gratuit-
ously among the people, so as to carry out the design of the testator in dif-
fusing useful knowledge amongst men, and that said committee report by
bill or otherwise.

Howse or ReprEsENTATIVES, August 8, 1848.

Mr. Preston, from the Committee on the Library, to
which was referred the resolution of the House, of March
13, 1848, relative to the Smithsonian Institution, reported
the following resolutions, which were read and agreed to:

Resolved, That it is inexpedient to change and modify the act establish-
ing the Smithsonian Institution in the manner proposed in said resolution.

Resolved, That the committee be discharged from the further considera-
tion of said resolution, and that it be laid upon the table.

PROCEEDINGS IN THE SENATE.
Senate, December 11, 1848.

Mr. Davis, of Mississippi, on leave, introduced the follow-
ing joint resolution, which was read a first time :

Resolved, §c., That the vacancies in the Board of Regents of the Smith-
sonian Institution, of the class ‘‘other than members of Congress,’ be
filled by the reappointment of the late incumbents, viz: Rufus Choate, of
Massachusetts, and Gideon Hawley, of New York.

Mr. Davis explained the necessity for the immediate pas-
sage of the resolution, as a meeting of the Regents would
take place on Wednesday, and it was important that the
board should be fully organized.

The joint resolution was then read a second time, passed
through Committee of the Whole, and was read a third
time and passed.

Senate, Mebruary 22, 1849.

Mr. Mason presented the annual report of the Regents
of the Smithsonian Institution; and moved that one thous-
and copies be printed for the use of the Senate; which was
agreed to.

|

THIRTIETH CONGRESS, 1847-49. 491
PROCEEDINGS IN THE HOUSE OF REPRESENTATIVES.

House or REPRESENTATIVES, December 11, 1848.

Mr. ANDREW JouNson, of Tennessee, moved to amend the
resolution of Mr. Truman Smith, so as to provide for the
appointment of a standing committee, to be called the Com-
mittee on the Smithsonian Institution.

Mr. Goaain rose, and was understood to express his desire
to offer an amendment providing that no member should
have the right to call the previous question on any proposi-
tion presented to the House until the same should have been
distinctly stated by the Chair or the Clerk.

Mr. Goggin desired, if in order, to offer this as an amend-
ment to the amendment of the gentleman from Tennessee,
[Mr. Johnson. ]

The SPEAKER was understood to say that the proposition
of the gentleman from Virginia [Mr. Goggin] would be in
order after the amendment of the gentleman from Tennes-
see [Mr. Johnson] had been disposed of. The question now
was, on ordering the appointment of an additional commit-
tee on the Smithsonian Institution.

The question was accordingly put by the Chair, but be-
fore the decision had been announced—

Mr. Jounson hoped, he said, that the House would adopt
his amendment. The subject involved the expenditure of
hundreds of thousands of dollars, and he could see no sub-
stantial reason why opposition should be made to the ap-
pointment of such a committee. The Regents were pre-
pared, as he understood, to make a report. This Congress
had the supervision of the fund, and had the appointment
of some of its Regents; and he could not see why this body,
or incorporation, or institution, upon which so much money
had been expended, should not be reported upon, as to its
proceedings and condition, to this House. Congress had
received the fund, and had become responsible for it. They
were the trustees. Were they to act before a committee ot
the House had reported upon the manner in which the
funds had been disposed of, and upon other matters of that
kind? He was utterly astonished that his amendment
should find any opponent on this floor. Did gentlemen
wish to exclude all light upon the subject—to prevent the
country receiving such information as it was in their power
to give—to keep from public view the facts connected with
the expenditure of the money? It was strange that any
gentleman should be found willing to say that he did not
want a committee which might ascertain all the facts and

492 CONGRESSIONAL PROCEEDINGS.

report them to the country. Various complaints had been
made as to the expenditure of the money, the structure of
the building, and the material of which it was composed.
Were gentleman willing to exclude all those facts which it
was requisite should be known in order to arrive at correct
conclusions, and intelligently to direct the future operations
of the Institution? If all was going on well, if the build-
ing was properly constructed, and the money had been
properly expended, let the country understand it. He
trusted that the House would adopt his proposition, and
that a committee would be appointed.

Mr. McC exuanp, of Mich., said that he was not opposed
to the appointment of the committee contemplated by the
amendment of the gentleman from Tennessee, [Mr. John-
son.] At the same time, if he had no other reasons than those
which had been assigned by the gentleman from Tennessee,
he (Mr. McClelland) should be radically opposed to such an
appointment. Reports had been sent in by the Board of
Regents that were very full and ample in regard to all the
facts that the people throughout the country could desire to
know concerning this institution. One very full report of
all facts touching the institution had been laid before the
House at the last session of Congress. The House had
refused to print it. That report, his friend from Tennessee
(Mr. Johnson) would find, had set forth, in a simple and
lucid manner, everything connected with the institution
since its organization—everything that had been done
under the law passed by Congress down to that time. He,
(Mr. McClelland,) for one, as a member of the Board of
Regents, would say, that it was not afraid of any investiga-
tion by a committee of this House or otherwise. He would
go as far as any reasonable man in favor of economy and
retrenchment; and he would say that the Board of Regents,
so far as his knowledge extended, had acted upon both
these principles in every step they had taken. He was
astonished, on entering upon his official duties, to find that
almost every report which had been put in circulation in
regard to the institution was entirely false and groundless.
He hoped that every gentleman here, who was a friend to
the institution, would permit a committee to be appointed,
and that it might be composed of members who were radi-
cally opposed to the institution, so that no barrier should be
interposed to the most rigorous and searching scrutiny.
And (continued Mr. McClelland) if that committee shall give
to the country such a report as I know they will give, (for
none other can they make,) the effect will be to raise the

THIRTIETH CONGRESS, 1847-49. 493

institution to a higher point in public estimation than any
which it has ever yet attained.

Mr. Hrtxrarp rose, as a member of the Board of Regents
in this House, to make no opposition to the amendment of
the gentleman from Tennessee, if it should be the deliber-
ate opinion of the House that such a committee should be
appointed. But be wished the House to mark the spirit in
which the motion was made. When the report was brought
forward by him (Mr. Hilliard) from the Board of Regents
of the Smithsonian Institution, at the last session of Con-
gress, and a motion was made to print it, the gentleman
from Tennessee was the very one who interposed his objec-
tion to the printing. They had been reproached with not
being willing to exhibit their doings to the country. It had
been said that there had been improper expenditures of
money, an indiscreet distribution of funds authorized by
them. Ilere was an ample report setting forth all the facts,
making everything plain; and when he had moved the
printing of the report, for the information of the country,
to his amazement that very gentleman objected to the
printing, on the simple ground of expense. But now the
gentleman came forward with a proposition to form a stand-
ing committee whose business it should be to supervise the
action of the three members of this House and the three
members of the Senate who were already charged with
directing the affairs of this institution. Ie should offer no
objections to the proposition; he left it to the taste and
judgment of the House. Tor one, he gave way, and yielded
any objections which he had hitherto offered to the propo-
sition.

Mr. Jounson, of Tennessee, said the gentleman from Al-
abama seemed to have stepped off upon the wrong track
when he said that the simple objection which he (Mr. John-
son) had had to the printing at the last session of Congress
was that it would involve an expenditure of money.

Mr. Hrttrarp (in his seat) said he had so understood it.

Mr. Jounson continued. The gentleman from Alabama
had wholly misconceived his opposition to the printing of
this report at the last session of Congress. It would be re-
membered by the gentleman from Alabama, and by the
whole Ilouse, that he (Mr. Johnson) was striving the whole
session, that he had made effort after effort to procure the
appointment of a committee before this report should be
printed, that they might ascertain whether this was the
report which should be printed or not. This was the objec-
tion he had to the printing of the report. He wanted it

494 CONGRESSIONAL PROCEEDINGS.

referred to a committee, with instructions to inquire into
the expediency of printing this report, and also of printing
a work which they desired to have printed upon architect-
ure—a kind of mongrel report prepared by some of the
regents. Ie wanted a committee appointed to inquire into
all the facts about the institution, and to report them to this
House; as well as to inquire into the expediency of print-
ing this long, voluminous report of the regents.

Mr. Hrinrarp said he believed he had understood the
gentleman’s remarks correctly, so far as his objections went
to the expenses of the printing. The gentleman now chose
to assume other grounds; that he desired to examine
whether it was such a report as the House ought to receive.
Now it would have been far better for the gentleman to
have allowed it to be printed, and then this House would
have been better enabled, at this session, to ascertain the
fact whether it was such a report as they would receive.

But there was no concealing the fact, that the spirit in
which the gentleman made his motion did not grow out of
any desire to have the affairs of this institution better con-
ducted, or to make its action more efficient, or to relieve it
of.a single burden; but, on the contrary, from the uncom-
promising hostility which the gentleman from Tennessee
and a few others—he was happy to say they were but few—
felt against this institution. The gentlemen would be for
destroying its organization, for razing its structure to the
very foundations, and for returning to the British Govern-
ment, or to the trustees of the donor, the munificent sum
which had been received from that quarter. He asked the
gentleman if it was not so, and if he was not opposed to
any use, whatever, being made of the fund for the estab-
lishment of an institution in this country called the Smith-
sonian Institution?

Mr. Jounson said, as the question had been asked him,
he would very cheerfully answer it. The gentleman wanted
to know if his hostility was not fixed to this institution.

Mr. Smitu, of Connecticut, rose to a question of order.
He wished to know of the Speaker whether it was in order
to discuss the general merits of the Smithsonian Institution
upon a mere proposition to appoint a committee ?

The Spraker replied that the House had adopted no rules
of proceeding, and that the parliamentary law allowed a
very wide range of debate.

Mr. JouNnson proceeded in his explanation. He was sat-
isfied that the gentleman from Alabama with no unkind
spirit asked if he (Mr. Johnson) was not fixed in his hostil-

THIRTIETH CONGRESS, 1847-49. 495

ity to the very organization of this institution. He could
inform the gentleman from Alabama that he misconceived
his relation to the Smithsonian Institution. He had no
fixed hostility to it. The hostility (if it could be so called)
—the opposition which he had to this institution rested
upon other and different grounds from a mere hostility to
the design of such an institution One of the principal rea-
sons why he wanted this committee appointed was not out
of opposition to the Smithsonian Institution; but taking
into consideration the peculiar crisis of the country at that
time, and the continuation of that crisis at this time, and
the burdens which this institution was imposing upon the
Government, he wished to see its affairs thoroughly inves-
tigated and brought before the public. That this fund had
been received from the United States ; that the United States
had discharged its duty as trustee with fidelity; that this
fund had been sunk and lost—these were all true; and ac-
cording to his construction of the Constitution and of the
duties of a trustee, he considered that the Government was
exonerated from any further responsibility in connection
with this fund. It was well known that the original fund
had been lost, and it was known, too, that the law estab-
lishing the Smithsonian Institution, took the money out of
the Treasury of the Government—out of the people’s
pocket? When the Smithsonian Institution was founded,
every dollar of the money received from Mr. Smithson was
gone—not a dollar of it was available. He had opposed an
institution of this kind being established with funds taken
out of the Treasury; not that he was opposed to an institu-
tion established upon the Smithsonian fund—not that he
disapproved of the object of the donor; but he was opposed
in time of war, when we were incurring a very heavy pub-
lic debt, to going into the Treasury, and establishing an
institution of this description, at an expense to the people
of some five or six hundred thousand dollars.

Another reason was, that he believed, under the law
itself, the money had been improperly withdrawn from the
Treasury of the United States. The House had been in-
formed, by the able and eloquent gentleman from Ala-
bama, that the regents had withdrawn money from the
Treasury to the amount of $242,000, and by an extraordi-
nary process of financiering, were doubling and compound-
ing it. They had been informed, also, that none of the
principal had been expended. How had this been done?
Why, when the law was passed, every gentleman here at all
familiar with the subject knew that this fund was gone—

496 CONGRESSIONAL PROCEEDINGS.

that not one dollar of it was left; he had the documents
before him to show that this was the fact. But the law
placed that in the Treasury which was not there; it was a
legal fiction. It said that a certain amount had been placed
in the Treasury in 1836, and had remained there and been
drawing interest from 1836, and that the interest on that
sum (which was not in the Treasury) was $242,000; and
this amount was appropriated to the erection of this institu-
tion, called the Smithsonian Institution. He had believed
it wrong; he still believed it so. But under this law, how
this amount of money had been drawn out of the Treasury
he had never been able to ascertain. He was in hope, now
that a running discussion had arisen on the subject, that
they would be informed how this large amount of money
had been drawn out of the Treasury. He could find no
authority for it in the act establishing the institution—no
authority for drawing out of the Treasury this large amount
of money, and placing it in the hands of their secretary, or
at interest, or making any other disposition of it.

The reason why he had opposed the printing of this re-
port at the last session, and proposed the appointment of a
committee, was, that there were rumors about the city in
relation to the contract for erecting the buildings; it had
been charged that there had been bribery going on; cards
had been published that there was maladministration in all
these matters; that there was corruption in the very incipi-
ency of this institution. They had been told that the
building was bad, that the materials furnished were perish-
able, while he understood it was the design of the donor to
have it made fire-proof—a substantial, enduring building.
He wanted all these facts ascertained. Let the committee
take the whole matter under their charge and report the
facts, and let the House and the country determine whether
it was all right or not.

He referred, as another objection, to the question of the
incompatibility, under the Constitution, of the same indi-
viduals holding at the same time the office of members of
Congress, drawing per diem and mileage as such, and the
office of Regents of this institution, drawing also mileage
and expenses from it—expenses which, when they came to
look into these reports, they saw were extraordinary.

The gentleman had gravely charged that he had mani-
fested hostility to the institution. Suppose he had; sup-
pose he was determined to oppose it in every mood and
tense; why, if the institution was right—if the object of
the individual who gave the money was being carried out—

THIRTIETIH CONGRESS, 1847-49. 497

in the name of common sense, would not a committee, by
their investigation, convince the House and the country
that his objections were not not well founded, if such was
the fact? Would not such investigation put the institution
and the regents on a better, a more enduring foundation ?
Then let them have a committee. If the institution was
right—if the Regents were carrying out the design of James
Smithson, let it be ascertained by the committee, and be
published to the House and the country.

Mr. Hinirarp resumed. The gentleman now said he had
no hostility to the institution. And how did he prove it?
Why, he said they had put a fictitious sum into the Treas-
ury, and therefore he would repeal the law, and replace the
money in the Treasury. It was well known that this Gov-
ernment had received the fund from the trustees of James
Smithson as a sacred trust. The Government had thought
proper to loan the money to the State of Arkansas, he be-
lieved; the money had been squandered; and now the
gentleman from Tennessee was opposed to the use of a sin-
gle dollar by the Smithsonian Institution, until the State of
Arkansas was made to refund the money! Was he not
opposed to the institution ? and was not the very object of
his motion to uproot the whole establishment, on the ground
that the Government had loaned the money to the State of
Arkansas, and that it had never been returned? By every
moral, by every equitable consideration, the Government
having loaned and lost the money, was bound to make good
the trust. Therefore, when the Government had thought
proper to make the establishment, it had authorized the
Regents in proper form to draw the money bequeathed by
James Smithson. It was in this way that the money had
been taken. And because they had thought proper to
make a judicious use of it from time to time, they were ar-
raigned by the gentleman as having squandered the funds.
Let him agree to have the report published, and he would
find that it gave a full account of what they had done.

But the gentleman had said it was a crisis. It had been
a long crisis. Thank Heaven the crisis to which the gen-
tleman referred had passed away. The gentleman’s allusion
to the war reminded him of the apology always offered by
the steward in the Bride of Lammermoor, who always
accounted for the absence of articles of luxury about the
castle of his master, on the ground that there had been a
great fire there; and now the gentleman would put down
every appropriation, whether for new objects, or to maintain
a great as establishment, by the ery, ‘‘ the war, the

3

498 CONGRESSIONAL PROCEEDINGS.

war.” He thanked heaven the war was at an end. He
thanked heaven peace had come in our time; and he

trusted that if there had been much treasure squandered in’

war, this establishment, so sublime in its design, so magnif-
icent in its conception, was not to share in the calamities of
war. His objection to the gentleman’s scheme was, that it
would launch the institution on a political sea. Leave the
superintendence of the establishment to the Board of Re-
gents, of whom three were members of the House, and
three members of the Senate, and who in some sense con-
stituted a committee of Congress, and leave to them to
report upon the state of its affairs from time to time. If
their fidelity and discretion could not be confided in, then
we had fallen on evil times. But he would not oppose the
motion ; he would leave it to the judgment of the House to
dispose of.

Mr. Truman Smitu, of Conn., thought this proposition
altogether premature. He had offered a resolution in the
ordinary form—a resolution which really ought to have been
offered early last week—for the adoption of the ordinary
rules and orders of the House, and had connected with this
a proposition, as at the last session of Congress, to raise a
committee to revise and report upon the rules, from time to
time. If this resolution, as offered, should pass, then they
would have a committee upon the rules and orders of the
House, and the gentleman from Tennessee could then offer
his proposition, and refer it to that committee, who would
take such action upon it as they might deem proper. He
was now very apprehensive that there was to be no end to
this discussion, and no end to their efforts to amend the
rules, if they were to favor propositions of this character at
all; and he desired to ask of the chair whether it was com-
petent for him to move the previous question ?

The Speaker replied that the previous question might be
moved; but the question on the amendment, having been
first moved, must be first put.

Mr. Smita inquired, in case the previous question was
sustained, if it did not cut off the amendment ?

The Spraker said the previous question could not be put
until after the question was taken on the amendment; and
he read from the Manual on this point.

Mr. Smiru. If the previous question is moved, does it
stop debate on this proposition ?

The Speaker replied in the negative ; but said he would
regard the previous question as moved, so that, when this
amendment was disposed of, no other could be moved, and

THIRTIETH CONGRESS, 1847-49. 499

then no debate could arise except upon the previous ques-
tion—the previous question being debatable under the Par-
liamentary law.

Mr. WHITE inquired in ease this resolution was adopted,
if it did not place all the bills and resolutions, &c., on the
calendar as they were at the close of the last session—if it
did not leave the House precisely in the position in which
they were at the close of the last session ?

The SPEAKER replied in the affirmative.

Mr. Wuite said, then, that a proposition of this character
had been referred to the Committee on Rules, and remained
unacted on. He wished to know whether it would not be
competent to reach it in the ordinary way? and whether
there was, therefore, any necessity for the adoption of the
amendment of the gentleman from |Tennessee ?

Mr. Geo. P. Marsu said he did not rise for the purpose of
impugning or defending the conduct of the Board of Regents,
or even for the purpose of entering into the discussion of
the merits of this motion; but simply that it might not be
inferred from his silence that any member of the Board in
this House was opposed to the adoption of the resolution.
On the contrary, he was now, and had been from the time
it was offered at the last session, decidedly in favor of its
adoption. He was satisfied, from what he had seen of the
management of this institution, that a committee such as
was proposed by the gentleman from Tennessee would serve
as a most wholesome and necessary check upon the proceed-
ings of this institution. He believed that the Board of
Regents would be, and ought to have been long since, made
acquainted with its direct ‘responsibility to the | power ‘which
had created it.

Mr. R. B. Ruet?, of 8. C., said, for the reasons which the
gentleman from Vermont had assigned, he trusted a commit-
tee would not be appointed. He wanted no such direct respon-
sibility as the gentleman had spoken of. He was opposed to
any connection of the Government with this institution ; and
he would suggest to the gentleman from Tennessee that his
establishment of a standing committee was the very method
of all others which was to give permanency to this institu-
tion, and attach it forever to the Government. The only

way to get rid of it was to let all the money be paid over to
these gentlemen—the Regents, and the Government cut
themselves loose from it entirely. He was opposed to any
committee, standing or otherwise, which set up a congres-
sional supervision over the Regents of this institution, or
over the institution itself. He hoped, therefore, unless the

500 CONGRESSIONAL PROCEEDINGS.

House was determined to carry on this connection, to per-
petuate it, and be responsible for the acts of this institution,
that this committee would not be appointed. On the con-
trary, if the Regents thought proper, let the whole money
be paid over to them, and the Government be cut off en-
tirely from all responsibility or connection with it.

Mr. Jounson, of Arkansas, said he would take the liberty
of making a remark here, for the purpose of setting himself
and the State which he had the honor to represent in some
degree right, in reference to this Smithsonian fund. The
gentleman from Alabama had said that the State of Arkan-
sas had squandered all this fund. Now, whether it was any
enjoyment to the gentleman to assail his [Mr. Johnson’s]}
State—

Mr. Hitirarp explained, disclaiming the slightest inten-
tion to assail the gentleman’s State, and saying that he had
merely spoken of the money as being lost or squandered by
the General Government.

Mr. Jounson, of Ark., said the gentleman ought to have
been aware of the fact that he might wound the feelings of
some persons on the floor, in his rather loose and general style
of speaking. He had heard those who did not like some of
the Yankees, damn them all as a class. He never thought
they did exactly right to damn every Yankee [laughter] be-
cause they disliked some few whom ‘they had met. There
were some very clever gentlemen amongst them; he wished
there were as good elsewhere.

Now, he wished to say a few words in regard to this State
and this fund. The gentleman had said the whole of this
Smithsonian legacy had been squandered by the State of
Arkansas. Squandered—how? Did the gentleman know
anything about the disposal of this money by the State of
Arkansas? If he did, he knew that it had been lost by the
adoption, by that State, of his loved systeém—the banking
system.

He wished to state, in order that his State might stand
free from any unjust charge here, that there was not, within
the limits of that State, and never had been, a respectable
party, known as a party, who would repudiate the first dol-
lar of the debt she owed. If there were such persons, he
could only pledge himself, as an humble individual, that he
would always fight them. Small as she was, insignificant as
she was, there was no man within her limits who could live
a political life for one day and espouse such a doctrine.
What was her condition? She was poor; her population
was small; the taxes upon her people would be increased

/
THIRTIETH CONGRESS, 1847-49. 501

beyond human endurance, if they were put on to pay this
debt at once. She was growing; she had natural resources,
great and extensive; give them time to be developed, and
she would pay this debt, and every other debt she owed.
He believed it, before God.

But in the account between the United States and the
State of Arkansas, the debt was not altogether on the side
of the latter. It had used to be a matter of jest with his
predecessor—a proud and honorable man, whose post he
could never fill—that whenever the United States would
settle, then, Arkansas would settle too. There was, never-
theless, a great deal of truth in this. The whole per cent-
age on the sales of the public lands, which belonged to that
State, had been reserved by the Government—for what?
To apply towards the payment of this Smithsonian fund.
What the amount was, he did not know. He hoped there
would be enough to pay the interest; he would like it if
there was enough to pay the principal too; there might not
be enough for either. But that that State would come up
to the mark, and fully pay all her debts, both principal and
interest, whenever she was able to do so, he assured the gen-
tleman from Alabama, and the country. He hoped the
gentleman would not further attack the State in general ;
he would rather he would attack him. He did hope they
would hear no more of this general denunciation—as far, at
least, as the State of Arkansas was concerned. [A laugh. ]
He did not care if the gentleman attacked Alabama, [re-
newed laughter,] or any other State, with the consent of
those who were to defend her; but let him not jump upon
his State, because she was small! Why, gentlemen of mag-
nanimity ought to be ashamed of themselves for sucly a
course.

He was against this amendment, because this business was
already placed in the hands of honorable men, the Regents
of the Institution, who were fully competent to discharge
the duty assigned to them; and furthermore, because they
were amply severe upon the State of Arkansas, [a laugh, ]
from the experience he had had with them, without other
men being added to them.

Mr. Hitirarp rose simply for the purpose of.disclaiming
any intention, in the remarks he had made, to assail the
State of Arkansas.

Mr. McItvatne rose, and was understood to intimate his
desire to move an amendment. But it was not now in
order.

The question was thereupon taken on the amendment of

502 CONGRESSIONAL PROCEEDINGS.

Mr. Johnson, of Tennessee, and was decided in the nega-
tive.

So the amendment was rejected.

The demand for the previous question was then seconded
‘and the main question was ordered to be put; and, under
its operation, the resolution of Mr. Smith was adopted.

The joint resolution of the Senate for the appointment of
Regents in the Smithsonian Institution was taken up, read
three times, passed, and returned to the Senate.

Houser oF REPRESENTATIVES, December 12, 1848.

The SpEAKER announced the call for petitions to be in
order, and the call having reached the State of Louisiana—

Mr. Morsz observed that he did not rise to present a peti-
tion from the State of Louisiana, but to a privileged ques-
tion; and he asked the attention of the House for a few
moments. It was to the reconsideration of the vote on that
part of the resolution for the adoption of the rules of the
House which rejected the application for a commission on
the Smithsonian Institution. He thought, without entering
into any argument on this subject, that the House would
see the propriety of appointing a committee, in order to
meet the views expressed by the gentleman from Vermont,
[Mr. Marsh,] as well-as by the gentleman from South Caro-
lina, [Mr. Rhett.] And he had no doubt that those of their
friends on this side of the House who desired to terminate
all connection between the Government and this institution,
would see as well the propriety of submitting this matter to
a committee, who would be authorized, without further in-
struction, to examine and see whether it would not be bet-
tef, and whether it would not be carrying out the trust
which the Government had solemnly accepted from the late
James Smithson, to hand over all the moneys which had
been received by the United States to an incorporated body,
who should have the sole charge of the funds arising from
this legacy. Such of the gentlemen on the other side of
the House as thought the affairs of the institution would be
better managed under the surveillance of a committee,
must be of the opinion that it would be well to bring to the
knowledge of the House the true, exact state of that insti-
tution. It was true a very elaborate, a very able report had
been made by the Regents; but it was an ex parte report, so
far as the interests of this country and the House were con-
cerned. Let a committee be appointed, of capable men,
who should take the matter into consideration, and see
whether the ends of the donor would be best carried out by

THIRTIETH CONGRESS, 1847-49. 503

keeping it under the control of this Government, or whether
they would not faithfully discharge their trust, after having
passed a law for the erection of suitable buildings, by dis-
embarrassing the Government and the House from all con-
nection with the institution. He held it to be a responsible
duty which this House had taken upon itself; and whatever
might have been the opinion of gentlemen on this side of
the House as to the propriety of accepting the legacy, it
was now too late to interpose any objections on that score.
The two Houses of Congress were under solemn obligation
faithfully to discharge the duty which, as the trustees of the
people of the United States and of James Smithson, they
had undertaken; and that duty could only be discharged
by referring the matter to a committee, impartial in its
character, capable of examining, who should report the
facts to this House, as to the future conduct of this institu-
tion.

He was not disposed to commit himself now to either course,
whether he should be in favor of continuing the connection
of this institution with the Government or not; or whether
he could see his way clear to disembarrass the Government
from any further connection with it. He merely threw out
the suggestion, that if a committee of gentlemen on this
floor should show them, should indicate clearly that this
could be done, then he apprehended there was no gentleman
who would not be willing to leave it in the hands of the
gentlemen who should have charge of this institution. The
bill which established this Smithsonian Institution had
passed hastily, without having undergone the surveillance
of any committee. It was true, a distinguished gentleman
had made an elaborate report from a committee appointed
on this subject, accompanied by a bill; but the House
would recollect that that report was rejected, and a sub-
stitute offered by a gentleman from New York, [Mr.
Hough,| which embodied some amendments offered by
himself, [Mr. Morse,] and by other gentlemen, was passed,
and became the act under which the institution was at pres-
ent organized. That act was imperfect in itself. His ob-
jection to it was, that so far as this House at least was
concerned, it was very little discussed, very little debated.
He held that Congress could not be true to its trust, unless
once in a year or two (if they were to continue the manage-
ment of the institution) they authorized and delegated a part
of their body to examine and report all the facts of the
ease. He did not desire to take a position either with his
friend from Vermont or his friend from South Carolina;

504 CONGRESSIONAL PROCEEDINGS.

but he did desire that this House and the country at large
should be possessed of all the facts in relation to the dis-
bursement and management of the large amount of money
left by this gentleman, and committed to them as trustees;
and the committee might suggest some plan better caleu-
lated to carry out the views of the distinguished donor,
than this hasty, imperfect act which they had passed.

With these views, he moved a reconsideration of the vote
by which the amendment of the gentleman from Tennessee
[Mr. Johnson] was rejected.

The Speaker said it would be necessary first to move to
reconsider the adoption of the resolution, and announced

the question accordingly.

Mr. Pottock moved to lay the motion to reconsider on
the table; which was agreed to—yeas, 107, nays, 76; as
follows :

YEAS—Messrs. Abbott, Adams, Ashmun, Atkinson, Barringer, Bayley,
Beale, Belcher, Blackmar, Blanchard, Botts, Boydox, Wm. G. Brown,
Butler, Canby, Chapman, Clingman, Cocke, Collamer, Conger, Cranston,
Crowell, Dickey, Donnell, Garnett Duncan, Dunn, Eckert, Alexander
Evans, Nathan Evans, Faran, Farrelly, Fisher, Flournoy, Fulton, Gentry,
Giddings, Goggin, Gott, Green, Greeley, Gregory, Grinnell, Hale, Willard
P. Hall, Nathan K. Hall, James G. Hampton, Moses Hampton, Henry,
Isaac E. Holmes, Hubbard, Hunt, Charles J. Ingersoll, Jenkins, James H.
Johnson, George W. Jones, John W. Jones, Daniel P. King, William T.
Lawrence, Leffler, Ligon, Lincoln, Lumpkin, McIlvaine, McKay, Mc-
Lane, Marvin, Morehead, Mullin, Murphy, Nelson, Nes, Nicoll, Outlaw,
Peck, Pollock, Preston, Putnam, Rhett, Julius Rockwell, John A. Rock-
well, Rumsey, St. John, Shepperd, Sherrill, Silvester, Slingerland, Caleb
B. Smith, Truman Smith, Stanton, Stephens, Strohm, Strong, Tallmadge,
Taylor, Thibodeaux, Thomas, James Thompson, R. W. Thompson, Robert
A. Thompson, Tompkins, Van Dyke, Wallace, Warren, White, Wick, and
W ilson—107.

NAYS—Messrs. Bedinger, Bingham, Bocock, Bowdon, Brady, Brod-
head, Charles Brown, Albert G. Brown, Buckner, Cathcart, Clapp, Frank-
lin Clark, Howell Cobb, Williamson R. W. Cobb, Crozier, Cummins,
Daniel, Darling, Dickinson, Dixon, Duer, Edwards, Embree, Featherston,
Ficklin, Freedley, French, Fries, Gaines, Hammons, Haralson, Harris,
Hill, Elias B. Holmes, Inge, Irvin, Iverson, Kaufman, Kellogg, Kennon,
Lahm, La Sére, Sidney Lawrence, Levin, Lord, Lynde, Maclay, Job
Mann, Marsh, Miller, Morris, Morse, Palfrey, Peaslee, Phelps, Richard-
son, Richey, Robinson, Rockhill, Root, Sawyer, Smart, Robert Smith,
Starkweather, Charles E. Stuart, Jacob Thompson, John B. Thompson,
William Thompson, Thurston, Tuck, Venable, Vinton, Wentworth, Wiley,
Williams, and Woodward—76.

So the motion to reconsider was laid on the table.

House oF REPRESENTATIVES, Jebruary 19, 1849.

Mr. Hinir1arp, by unanimous consent, presented a report
of the Board of Regents of the Smithsonian Institution,
showing the operations, expenditures, and condition of that
Institution to the present time; which report was laid on
the table, and ordered to be printed.

THIRTY-FIRST CONGRESS, 1849-51. 505
PROCEEDINGS IN THE SENATE.

SENATE, April 15, 1850.

The bill for the completion of the Patent Office being
under consideration, Mr. Davis, of Mississippi, said :

Mr. President: What the wants of the Patent Office are
now is one thing, and what those wants will be in a few years
is another, and an entirely different thing. Not only from
the report of the last Commissioner of Patents, but from
inspection, if any one choose to make it, and see the condi-
tion of things in that department, I think it may be denied
that there is room enough in the present building for the
wants of the department. If I understand the report of
the present Commissioner of Patents or the Secretary of
the Interior, the argument against the want of further
room by the Patent Department, is based upon the supposi-
tion that all which now belongs to the National Institute,
all connected with the exploring expedition which now fills
the museum of the Patent Office, is to be transferred to
the Smithsonian Institution. That seems to be the basis of
the conclusion. Now, sir, I wish to state to the Senate that
Congress has no power to impose upon that institution the
duty of taking charge of this collection of the exploring
expedition—we may infer from their act—nor did they ever
intend to do so. They gave to that institution the right to
take all such curiosities brought home by the exploring ex-
pedition as might be desired for that institution, and I will
inform the Senate that it is not the intention of the present
Board of Regents of the Smithsonian Institution to take
charge of the museum of the Patent Office, and the room
appropriated to these curiosities will be required hereafter
as now.

Senate, July 29, 1850.

The PRESIDENT pro tempore laid before the Senate a letter
of the Secretary of the Smithsonian Institution, transmitting
the annual report of the Board of Regents.

On motion by Mr. Davis, of Mississippi,

Ordered, That it be referred to the Committee on Printing, with instruc-

tions to inquire into the expediency of printing five thousand additional
copies without the Appendix.

Senate, July 30, 1850.

Mr. Hamuin, from the Committee on Printing, reported
in favor of printing the Report of the Smithsonian Institu-
tion, with 5,000 additional copies without the Appendix, 500

506 CONGRESSIONAL PROCEEDINGS.

of which are for the use of the Smithsonian Institution ;
which report was agreed to.

Senate, December 10, 1850.

Mr. PEARCE gave notice of his intention to ask leave to
introduce a joint resolution providing for the appointment
of Regents of the Smithsonian Institution.

Senate, December 11, 1850.

Mr. Prarcz, in pursuance of notice, asked and obtained
leave to introduce a joint resolution for the appointment of
Regents of the Smithsonian Institution :

Resolved, §c., That the vacancy in the Board of Regents of the Smith-
sonian Institution of the class ‘‘ other than members of Congress ”’ be filled
by the reappointment of the late incumbents, viz: Richard Rush, of Penn-
sylvania, and Joseph G. Totten, of the city of Washington.

On the motion of Mr. Prarcs, the joint resolution was
read a second time, and considered as in Committee of the
Whole. Having been reported to the Senate, it was ordered
to be engrossed for a third reading, and was subsequently
read a third time and passed.

Senate, January 9, 1851.

Mr. Davis, of Mississippi, submitted the following reso-
lution :

Resolved, That the Committee on Printing be instructed to inquire inte
the propriety of printing three thousand extra copies of the Appendix to
the report of the Regents of the Smithsonian Institution, one thousand of
which to be for the benefit of the Smithsonian Institution.

Mr. Davis, of Mississippi. Mr. President, when I made
the motion to print extra copies of the report of the Re-
gents of the Smithsonian Institution, I was not acquainted
with the value of the Appendix. It contains valuable sta-
tistical and other information respecting the libraries of the
United States, and it is believed that it would be valuable
and desirable to the country at large,

The resolution was agreed to.

SENATE, January 23, 1851.

Mr. Pearce. I have a memorial from the Regents of the
Smithsonian Institution, which I ask to be referred to the
Finance Committee. It was so referred.

The memorial is as follows:

To the Honorable, the Senate and House of Representatives, in Congress
assembled :

GrnTLEMEN: The Board of Regents of the Smithsonian
Institution have directed me to transmit to your honorable

THIRTY-FIRST CONGRESS, 1849-51. 507

body, the resolutions appended to this letter, and to solicit
the passing of a law, in accordance therewith.

It is known to your honorable body, that the original sum
received into the United States Treasury from the Smith-
sonian bequest, was a little more than $515,000, and that at
the time of the passage of the act incorporating the insti-
tution, $242,000 had accrued in interest, which sum or so
much of it as might be deemed necessary, the Regents were
authorized to appropriate to a building, It is also known
to your honorable body, that the act of incorporation di-
rected that provision should be made for the establishment
of a library and museum, together with the erection of a
building on a liberal scale to contain them.

While the Regents in their plan of organization obeyed
these instructions, they also by virtue of the power invested
in them, and in conformity with the terms of the bequest,
adopted additional plans for the more immediate promotion
of the increase and diffusion of knowledge among men, by
means of researches, publications, lectures, &e.

In order, however, to carry out the several parts of this
more extended plan, it was found absolutely necessary that
the annual income of the institution should be increased.
To accomplish this, it was resolved, instead of expending
at once the $242,000 on a building, carefully to husband
the same and to erect the building in the course of several
years, in part out of the proceeds of the sum before men-
tioned, and in part out of such portions of the income of
the original fund as could be spared from the ordinary
operations of the institution. This scheme has been effect-
ually carried out, and the Regents now ask to be allowed to
place in the Treasury of the United States along side of
the original bequest, and upon the same terms, never to be
expended, the sum of $150,000 of accrued interest, and to
be allowed to add to this from time to time, such other
sums as may come into their possession by donation or
otherwise, until it, with the sums thus added shall amount
to $200,000, making in all a principal fund of a little more
than $715,000.

After this deposit of $150,000, the Regents will still have
sufficient money on hand to finish the whole exterior of
the building, and such portions of the interior in addition
to those now completed, as may be wanted for several years
to come, they then propose gradually to finish the remain-
der in such portions as may be wanted out of the annual
accruing interest.

The sole object of the request is the permanent invest-

508 CONGRESSIONAL PROCEEDINGS.

ment and perpetual security of the accumulated fund, and
when your honorable body is assured that the organization
and operation of the institution have received the approba-
tion of the wise and good, not only in this country, but in
every part of the world where literature and science are
cultivated, the undersigned trusts that the request will be

granted.
And your petitioner will ever pray, &e.
(Signed) JosEpH Henry,

Secretary of the Smithsonian Institution.

Resolution of the Board of Regents of the Smithsonian Institution, adopted at
their meeting of June 1, 1850, and appended to the foregoing petition.
Resolved, That it is expedient to enlarge the permanent fund of the in-

stitution, by the investment of such sums not exceeding $200,000 as may

have been, or shall be received for accrued interest or otherwise, in addi-
tion to the principal sum of the Smithsonian bequest, augmenting the prin-
cipal sum to that amount, and that application be made to Congress to
receive such sums not exceeding $200,000 as may have been or shall be re-
eeived for accrued interest or otherwise into the United States Treasury
upon the same terms on which the original bequest has been received.

Resolved, That the Secretary be requested to communicate a copy of this
resolution to Congress, and to request that provision be made by law in ac-
cordance therewith.

SENATE, January 28, 1851.

Mr. Waker, of Wisconsin, submitted the following
resolution ; which lies over one day under the rule:

Resolved, That the Board of Regents of the Smithsonian Institution be
directed to inform the Senate why the 6th section of the act entitled ‘* An
act to establish the Smithsonian Institution, for the increase and diffusion
of knowledge among men,’”’ has not been complied with by making suitable
arrangements for the reception of the ‘‘ objects of art,’’ &c., named in said

section.
SENATE, January 30, 1851.

Mr. Ewine, from the Committee on Finance, to which
was referred the memorial of the Regents of the Smithso-
nian Institution, reported a bill supplementary to an act
passed 10th August, 1846, entitled “‘ An act to establish the
Smithsonian Institution for the increase and diffusion of
knowledge among men ;” which was read and passed to a
second reading.

The bill is as follows :

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That so much of the money now
in the hands of the Regents of the Smithsonian Institution, being an accu-
mulation of interest on the principal fund that accrued prior to July first,
eighteen hundred and forty-seven, and heretofore set apart for the erection
of the suitable buildings for the use of Said institution, as may not be found

necessary for the completion of the edifice now in course of erection, and
all such further sums as may be received hereafter from the estate of James

THIRTY-FIRST CONGRESS, 1849-51. 509

Smithson, shall be received into the Treasury of the United States on the
same terms as were provided for the original principal fund by the second
section of the act entitled ‘‘ An act to establish the Smithsonian Institution,
for the increase and diffusion of knowledge among men,’’ approved August
tenth, eighteen hundred and forty-six, and that the interest thereon at the
rate of six per centum per annum, shall in like manner be payable half-
yearly, on the first of January and July in each year, from and after the
date at which it shall be received into the Treasury of the United States,
for the perpetual maintenance and support of said institution: Provided,
That the sums thus to be received, shall not exceed the amount of two
hundred thousand dollars.

The Senate proceeded to consider the following resolu-
tion, submitted by Mr. Walker on the 28th instant.

Resolved, That the Board of Regents of the Smithsonian Institution be
directed to inform the Senate why the 6th section of the act entitled ‘An
act to establish the Smithsonian Institution, for the increase and diffusion
of knowledge among men,”’ has not been complied with by making suitable
arrangements for the reception of the ‘‘ objects of art,’? &c., named in said
section.

Mr. Davis, of Mississippi. I hope that the resolution will
not be favorably entertained by the Senate. The Smithso-
nian Institution is not a department of the Government,
and I hope Congress will never undertake to take charge of
it. This is a call upon the Board of Regents to explain to
us something in connection with the execution of their
duty. If it were a proper and a well-founded call, I should
still think it improper for Congress to interfere with the
administration of a fund which it has confided to a Board
of Regents not entirely formed of members of Congress,
and not responsible to it. An examination of the charter
would have shown the Senator who introduced the resolu-
tion that there was no obligation on the Smithsonian Insti-
tution to receive the museum, which I suppose is the matter
referred to, but that, on the other hand, it was considered
a grant which the Government was willing to make in a
friendly spirit, of objects of art and curiosity, whenever the
institution should appoint some person to receive them.
It is obligatory to deliver, but not to receive. In some
other countries there is a courtesy between the king and
his ministers, that a minister shall never refuse a present.
In Siam, whenever the king wishes to crush a minister
he sends him the present of an elephant. The minister can-
not refuse the present, because it comes from the king, but
the expense of keeping the present crushes the minister. It
is exactly such a present that the Senator from Wisconsin
wishes to foree the Smithsonian Institution to receive. It
is a present the charge of which would deduct very greatly
from the means of the institution to carry out the purposes

510 CONGRESSIONAL PROCEEDINGS.

of its donor—a foreigner who gave a fund for a special ob-
ject enumerated in his will.

If it were in the power of this Government to charge the
Smithsonian Institution with the keeping of this museum.
IT should deem it more than improper in the Government
to transfer an extensive collection which it holds, and fasten
the charge of maintaining it upon the fund given by a for-
eigner for the increase and diffusion of knowledge among
men, and the establishment of an institution for that pur-
pose, to be located at the city of Washington, in the United
States. But it is clearly not within the power of Congress
to charge that fund with the keeping up of any establish-
ment which the Government may choose either to create,
or which it may now have in its possession, and which would
pervert the trust from its proper use.

If the Senator had examined the charter he would have
found still further that in the kindness which prevailed, and
the anticipation of a good understanding between that in-
stitution and Congress, terms so general were employed,
that a power was given to the institution to strip the ro-
tundo of the paintings which now adorn it, to take the
models from the Patent Office, not merely the museum
which is collected as the result of exploring expeditions,
but, everything which that institution, if they claim the
strict letter of the law, might choose to abstract from the
various departments of the Government. But, without
going into this question, I wish to call the attention of the
Senate to the fact that here is an institution founded by the
bequest of a foreigner, of which bequest the United States,
properly or improperly, I will not now stop to consider,
have taken charge as trustee, and to administer which fund
they have organized a Board of Regents. Its active opera-
tions have already been incumbered by the Congress of the
United States requiring them to erect an expensive build-
ing, with apartments for a museum and gallery of art.
Now it is proposed to incumber them still further, by charg-
ing them with keeping a large museum of the United
States, with which that institution has no proper connec-
tion. It is no part of the general plan of that institution
to collect a large museum. The object is, according to the
will of the founder, to increase and diffuse knowledge
among men. They, therefore, only wish to collect those
things which are not to be found in the other museums of
the country. They only wish to explore fields which have
not been trodden before.

The object of the Senator from Wisconsin—the effect of

THIRTY-FIRST CONGRESS, 1849-51. d11

his construction if sustained—is to cripple that fund in the
very object for which it was given, and encumber it with
the keeping of a great collection of art which now belongs
to the United States. Ido hope that the Senate will reject
the resolution.

Mr. Parcs. Mr. President, after what has been said by
the Senator from Mississippi it would be unnecessary to say
anything more. But I wish to state two considerations,
which I trust will be sufficient to induce the Senate not to
adopt the resolution. In the first place, the resolution as-
sumes that the Board of Regents of the Smithsonian Insti-
tution have neglected their duty. I think it can very easily
be shown that they have not neglected this or any other
duty imposed upon them. In the next place, all the infor-
mation which the Senate can possibly derive from any com-
munication the Board of Regents might make in answer to
such a call is already in the possession of the Senate. The
last annual report of the Board of Regents has been laid
before the Senate and printed. That report explains fully
their system of operations from the time of their organiza-
tion. It sets forth the scheme of finance which they
adopted, and in pursuance of that scheme of finance, the
enlargement of the principal fund, which was rather small,
for the great objects of the institution. They propose to
extend the erection of the building over a series of years
instead of completing it at once by the whole sum which
the act of Congress authorized them to apply for that pur-
pose. They have erected the building slowly, so as to ap-
ply the accruing interest to the enlargement of the fund
and the increase of the general endowment of the institu-
tion. The plan of the building under which it is now being
erected is precisely that which was adopted in the first in-
stance by the Board of Regents, and which, if it be com-
pleted, will, if Congress choose to compel the institution to
accept of this donation, enable them to accommodate this
museum. The central building will accommodate the li-
brary which it is proposed the institution shall have, and
also the museum of art. The upper story of the central
building is designed for the museum of art, where the col-
lections now in the Patent Office can be placed if Congress
insist upon it. They have, therefore, neglected no duty ;
they have done their duty properly, judiciously, economi-
cally, faithfully. I suppose no one will charge them with a
dereliction of duty, because they have endeavored to in-
crease the principal fund, with the view of having the insti-

612 CONGRESSIONAL PROCEEDINGS.

tution better enabled to carry out the great and noble pur-
poses of its founder.

We have, therefore, all the information which we can
desire, and I see no necessity for the resolution of the Sena-
tor. I would mention that in the last annual report there
is a distinct expression of the will of the Board of Regents
that they should not be compelled to accept of this dona-
tion, and their belief that, under the law as it now is, they
cannot be compelled to accept it, and that it would be a
present which would be very expensive to them and take
from their funds that which might be used for much more
useful purposes.

Mr. Foote. I rise simply for the purpose of moving to
lay the resolution on the table. Jam sure my friend from
Wisconsin will feel satisfied, after the explanation which
has been given, that no good can result to the country by
further pressing this resolution. With the view of avoid-
ing any further debate, unless the Senator from Wisconsin
wishes to be heard on his resolution, and inasmuch as the
time has arrived for the consideration of the special order,
T shall move to lay this resolution on the table. If my friend
from Wisconsin will promise to make a very short speech,
and then make the motion, however, I will withdraw it;
but otherwise I cannot.

Mr. Waker. I wish to say a few words, but do not wish
to promise to make any such motion.

Mr. Foorr. Then I must insist upon the motion.

Mr. WaLKeER. I ask, is this fair ?

Mr. Foor. It is perfectly courteous. I may be allowed
to say that I wish to proceed with the discussion of another
important question, and that is the reason I make the mo-
tion, but which I will withdraw provided the Senator will
renew it.

Mr. Waker. I will make the motion, but not vote for it.

Mr. Foors. Then I withdraw my motion.

Mr. Waker. I should not perhaps have said anything
on this resolution had it not been for an observation which
fell from the Senator from Mississippi, [Mr. Davis.] He
attributed to me in emphatic terms an object, which was to
cripple the fund, as he said, by imposing upon it the bur-
den of this museum.

Mr. Davis, of Mississippi. I did not intend to charge
the Senator from Wisconsin with any improper motive, I
merely stated what the effect of the proposition would be.
But I did not believe that the Senator from Wisconsin un-
invited would have directed his;attention to this subject. I

THIRTY-FIRST CONGRESS, 1849-51. 5138

take it for granted that some one suggested the resolution
to him.

Mr. Watker. In that the Senator is altogether mistaken.
T have heard the subject spoken of in a great many quarters,
but my own mind suggested to me the course I have taken
here and elsewhere. I think I can appeal to the Senate that
I generally introduce my own thoughts, and a great many
of them, in opposition to what seems to be the mind of the
Senate. I shall always act on the suggestions of my own
mind when right and justice requires me to do so.

Both the Senator from Mississippi, and the Senator from
Maryland are altogether mistaken in what I intended by the
resolution. Ihave partly accomplished what IT intended. I
wished information from the Senator from Mississippi and
the Senator from Maryland, whom I well knew were more
familiar with the subject than I was, and ought to be so, for
they are, I believe, both regents of the institution. My ob-
ject was, to call out information on the subject. On looking
to the sixth section of the act, approved August 10th, 18 16,
which was the actestablishing the Smithsonian Institution,
I was really at some loss to determine what it meant, and I
am anxious to get views of the Board of Regents upon that
point. That section is this:

Src. 6. And be it further enacted, That, in proportion as suitable arrange-
ments can be made for their reception, all objects of art and of foreign
and curious research, and all objects of natural history, plants, and geolog-
ical and mineralogical specimens belonging, or hereafter to belong, to the
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, and shall be arranged
in such order, and so classed, as best to facilitate the examination and study
of them, in the building so as aforesaid to be erected for the Institution ;
and the Regents of said Institution shall afterwards, as new specimens in
natural history, geology, or mineralogy, may be obtained for the museum
of the Institution by exchanges of duplicate specimens belonging to the
Institution, (which they are hereby authorized to make,) or by donation,
which they may receive, or otherwise, cause such new specimens to be also
appropriately classed and arranged. And the minerals, books, manuscripts,
and other property of James Smithson, which have been received by the
Government of the United States, and are now placed in the Department of
‘State, shall be removed to said Institution, and shall be preserved separate
and apart from the other property of the Institution.

I was in doubt as to the meaning of this section, and it
seems to me that almost every body would be in doubt as to
the meaning of Congress in its passage. A portion of it
looks as though this was a gratuity, and another portion
looks as though it imposed an obligation on the institu-
tion to provide for and receive those articles which are
mentioned.

33

514 CONGRESSIONAL PROCEEDINGS.

Then, looking at the interests of the Patent Office, I come
to this conclusion, that if it was proper and right that the
Smithsonian Institution should take charge of these things
and relieve the Patent Office, they should certainly do it.
Tf any one will go to the Patent Office, and observe the man-
mer in which models are kept, he will be satisfied that the
exhibition room of that office ought to be clear, and the
models to be exhibited there. At present the exhibition
room of the Patent Office is occupied by this cabinet of
curiosities. Models are crowded into places never in-
tended for them, and look more like a series of brush
heaps than anything else. A person can scarcely get
one that is not broken; one can be scarcely got out of the
cases where they are deposited. This is an improper mode
of keeping the models of the inventors of the country.
Something should be done to remedy this evil. I think
the patent fund should be appropriated to the use of the
Patent Office, and not to the relief of the other depart-
ments of the Government. I hope that the enlargement
of the Patent Office building, which has been paid for
by the patent fund, will not be used for the convenience and
accommodation of other Departments. What says the Sec-
retary of the Interior? In his last annual report, after
enumerating various bureaus of his Department which need
additional accommodations, he says:

‘‘T therefore recommend that the two wings of the Patent Office be fin-
ished, and that they be appropriated to the accommodation of the Depart-
ment of the Interior, and the different offices thereto attached. They will
thus be brought under one roof, the communication between the head of
the department and the different bureaus will be greatly facilitated, and
the records of the government safely lodged in a fire-proof building.

IT had hoped when I saw $216,468 taken from the patent
fund for a beautiful palace, that the models of the inventions
and the inventors and mechanics of the country would re-
ceive some benefit from it; but I see it is utterly hopeless,
seeing this recommendation of the Secretary of the Interior,
and the wreck that is taking place in the Patent Office of
the models and inventions of the country.

The Senator from Mississippi and the Senator from Mary-
land have given me some information on the subject of the
resolution. And now I would say to those gentlemen, both
as Senators and Regents of the Institution, that I entertain
not the least unkind feelings toward the Smithsonian Insti-
tution. On the contrary, I would be willing to do anything
reasonable that is within my power to facilitate its great ob-
ject, and the benefits which the country expects to derive

THIRTY-FIRST CONGRESS, 1849-51. 515

from it ; but, at the same time I am unwilling to bestow bene-
fits on that institution at the sacrifice of the old and greater
interests of the patentees and the Patent Office. With
these feclings I think there was no impropriety in offering
the resolution.

If the Smithsonian Institution is not to take charge of
these curiosities, it seems to me that something should be
done to relieve the Patent Office from its present embarras-
ing condition in relation to the exhibition of its models. I
think the patent fund, the fund contributed by the mechan-
ics and inventors of the country, ought to be used solely
for the benefit of the Patent Oifice, and not for any other
department of the Government unconnected with that fund
or its interests.

According to my promise, I now move to lay the resolu-
tion on the table, although I shall vote against the motion,
and hope it will not prevail.

Mr. Davis, of Mississippi. Will the Senator withdraw
the motion ?

Mr. WaLker. Certainly.

Mr. Davis, of Mississippi. I shall consume but very lit-
tle time. Having made as much explanation as I thought
was due to the occasion in relation to the supposition by the
Senator from Wisconsin of a personal or offensive applica-
tion of what I said, I have nothing more to ‘say on that
point.

The object of the Senator, as directed to the benefit of the
inventors of the country by providing a proper room for
the exhibition of the models of their inventions, is one in
which I very cordially sympathise. The Committee on
Public Buildings have already that subject somewhat under
consideration. I know quite well that the models in the
Patent Office are in such a confused condition as not to com-
ply with the terms of the law. The great gallery intended
for the exhibition of models is now occupied by the museum
which has been referred to. The present building, how-
ever, was built by money drawn from the United States
Treasury, and may be occupied tor that purpose. The wing
which is being added and built out of the patent fund,
is clearly a building which should be for the use of the Pat-
ent Office, and I hope it will not be transferred to any other
use. I sympathise with the object of the Senator in giving
proper accommodations to the models in the Patent Office,
and reserving for the use of that office the building which
is being erected out of the patent fund. So far we go to-
gether.

516 CONGRESSIONAL PROCEEDINGS.

I take it for granted, from the object of the Smithsonian
Institution, and from the plan on which its operations have
been commenced and will be conducted, that it will never
want such a museum as that in the Patent Office; still less
will it want the garden of plants which has been collected
by the exploring expedition. I suppose it would cost the
institution not less than $10,000 a year to support such
an establishment; and if it were transferred, Congress,
I think, would be bound to endow tie institution with
$10,000 a year additional. I think it is quite appropriate to
keep these natural curiosities in the Patent Office. They
may aid inventive genius. Vegetable growth and animal
action are elements upon which mechanical invention rests.
There would therefore seem to be something appropriate in
lodging them in the Patent Office. If they are not to be
kept there, let the Government provide a room elsewhere,
get rid of them, destroy them, or give them to somebody
that will take them. But let not the Government coerce a
fund, of which it was the chosen trustee, which was granted
by a foreigner for a special purpose, with the charge of
keeping this collection.

Mr. Bapcrer. I move to lay the resolution on the table.

The motion was agreed to, and the resolution was ordered
to lie on the table.

Senate, arch 1, 1851.

The President of the Senate laid before the body, a letter
from the Secretary of the Smithsonian Institution, commu-
nicating the annual report of the Board of Regents of said
Institution; which was read and ordered to lie on the table.

On motion by Mr. Prarce that it be printed, and that
2,000 extra copies thereof be printed, the motion was re-
ferred to the Committee on Printing.

Senate, March 5, 1851.

On motion of Mr. Prarce the President of the Senate
was authorized to fill the vacancy in the Board of Regents
of the Smithsonian Institution occasioned by the expiration
on the 8d day of March, 1851, of the term of the Hon.
Jefferson Davis.

Senate, March 6, 1851.

On motion of Mr. Prearcz, the President of the Senate
was authorized to fill the vacancy in the Board of Regents
occasioned by the expiration of the term of service of the
Hon. James M. Mason.

THIRTY-FIRST CONGRESS, 1549-51. 517

The President re-appointed the Hon. Jefferson Davis and
the Hon. James M. Mason, as Regents of the Smithsonian
Institution.

SENATE, March 7, 1851.

On motion by Mr. Borianp, the report of the Board of
Regents of the Smithsonian Institution was ordered to be
printed.

Mr. Bornanp. I now move that three thousand extra
eopies of that report be printed.

Mr. Brapsury. I hope we will let the matter of printing
documents lie over until we meet for the transaction of or-
dinary legislative business; and not undertake enterprises
of this kind at this time.

Mr. Davis, of Mississippi. I cannot see how the printing
of a report made to Congress can properly be termed an
enterprise.

Mr. Ruett. Who is to print it?

Mr. Davis, of Mississippi. The public printer.

Mr. Ruett. He says he cannot do it.

Mr. Boruanp. That is the old contractor. This goes to
the new contractor.

Mr. Davis, of Mississippi. JI was surprised to hear the
few remarks which were made on this question. Surely
Senators forget that the United States have accepted the
bequest made by a foreigner to found an institution at
Washington, and that Congress have organized a Board of
Regents, and given them the charge of the fund so left to
the United States for the benefit of mankind; and this is
the. report of the board so constituted by Congress. If
there be anything more than another which we should cir-
eulate freely throughout the United States, it is the knowl-
edge of the manner in which we discharge this holy trust
which we have taken upon ourselves. The report of the
Board of Regents of the Smithsonian Institution is made to
Congress by authority as high as the report of any commit-
tee of Congress. If it be said that you ought not to print
extra copies of this, to that I would reply that a report
made by a committee of Congress is for the action of Con-
gress, and it would be questionable whether the Senate
should print extra copies of a report of one of its commit-
tees; but itis clear that if you have authority to print for
circulation and distribution at all, it belongs to such a
document as this, relating to a trust- “fund bequeathed to the
United States, taken charge of by the United States, and
which we are now administering through a Board of Re-

518 CONGRESSIONAL PROCEEDINGS.

gents. As to the value of the information, I will express
no opinion.

Mr. Ruert. I would ask my friend from Mississippi why
the Smithsonian Institution itself does not print its own
proceedings ?

Mr. Davis, of Mississippi. I said, I think, that this was
a report to Congress. The Smithsonian Institution does
print its contributions to knowledge, and does attend to
their diffusion among men. ‘This, however, is not a contri-
bution to human knowledge, but is a report to Congress of
the manner in which the Board of Regents executed the
trust confided to them.

Mr. Pearce. I beg leave simply to add, that the law or-
ganizing the Smithsonian Institution compels the Board of
Regents to make this annual report to Congress.

Mr. Mason. I move to amend the motion so as to provide
that one thousand copies shall be printed for the institution.

Mr. Norris. Is this the report of a committee ?

Mr. Bortanp. It is the report of the Board of Regents
of the Smithsonian Institution; the question of printing it
was referred to the Committee on Printing; the committee
were in favor of the proposition, but could not make a
report. It has been ordered to be printed; and the propo-
sition now is to print three thousand extra copies.

Mr. Norris. Does it come from the Committee on Print-
ing?

Mr. Bortanp. It does.

The amendment was agreed to.

PROCEEDINGS IN THE HOUSE OF REPRESENTATIVES.

House oF REPRESENTATIVES, January 7, 1850.

The Speaker appointed Mr. Henry W. Hilliard of Ala-
bama, Mr. W. F. Colcock of South Carolina, and Mr. G.
N. Fitch of Indiana, on the part of the House, as the Re-
gents of the Smithsonian Institution.

House oF REPRESENTATIVES, July 23, 1850.

Mr. Iinir1arp requested the gentleman from Pennsylva-
nia (Mr. Thompson) to waive his motion for the regular
order of business, so as to enable him (Mr. Hilliard) to pre-
sent the annual report of the Board of Regents of the
Smithsonian Institution. His object was simply to present.
the report, that it might be laid upon the table and printed-

THIRTY-FIRST CONGRESS, 1849-51. 519

Mr. Tuompson, of Pennsylvania, insisted on the regular
order of business.

The SPEAKER stated to the gentleman from Alabama, (Mr.
Hilliard,) that the report could only be introduced by unan-
imous consent. The regular order of business was insisted
upon, and objections were made in several quarters.

The report, therefore, was not presented.

Hovse oF REPRESENTATIVES, July 25, 1850.

The Speaker laid before the House a communication
from the Secretary of the Smithsonian Institution, trans-
mitting the annual report of the Board of Regents of the
Smithsonian Institution ; which letter and report were laid
upon the table, and ordered to be printed.

Houst oF Represenratives, December 18, 1850.

Mr. Fitcu said there was upon the Speaker’s table a joint
resolution from the Senate providing for the appointment
of Regents for the Smithsonian Institution whose term of
service had expired. He hoped the House would take up
and consider the resolution, as it would occupy but a few
minutes. It was absolutely necessary that it should be
passed, for the reason that the Board of Regents was not
full and no business could be transacted by the Board until
the vacancies should have been filled. He hoped the reso-
lution would be taken up. ,

There being no objection, the joint resolution was taken
up, read three several times, and passed.

House oF REPRESENTATIVES, February 24, 1851.

Mr. Tompson, of Mississippi, moved the following amend-
ment to the clause appropriating money for the purchase of
books for the Library of Congress, viz:

To enable the Smithsonian Institution to publish a new edition of Wilkes’
Narrative and the accompanying series of papers, the plates and engravings
of which have been made at the expense of the United States, be, and they
are hereby, ordered to be delivered over to the said Institution, to be used
for that purpose.

He said that, as these plates were valuable and the Con-
gress of the United States did not propose to use them, he
should be glad that some use might be made of them. It
appeared to him that the Smithsonian Institution was as
proper a party to whom to intrust these plates for publica-
tion as any. Congress had already provided for the distribu-
tion of books published by. that Institution. He (Mr. T.)
did not wish that they should be published and distributed

520 CONGRESSIONAL PROCEEDINGS.

among members; but, as it was really a valuable work,
and a new edition was called for, he thought it was proper

that the publication should be intrusted to the Smithsonian’

Institution.

Mr. WeEntWoRTH (interposing) said that he thought that
it was quite proper that copies of the work should be dis-
tributed among members of Congress. He would, there-
fore, ask the gentleman from Mississippi to modify his amend-
ment so as to furnish each member of Congress with a copy
of Wilkes’ Exploring Expedition. He had been a member
of that body eight years, and, although he had received
copies of other works, he had never received a copy of this,
nor had he ever heard of other members receiving copies.

Mr. THompson stated that only about one hundred copies
had been published.

Mr. WeEntWoRTH said that he was entirely opposed to the
amendment, unless modified as he had indicated.

Mr. THompson wished to explain that the original resolu-
tion provided for the publication of only one hundred copies.
There was a great demand for the work, and it was desirable
to have copies that might be furnished to different foreign
nations. ‘There were only, he believed, twenty copies left
in the Library.

Mr. WENTWORTH inquired if it had ever been distributed
to members of Congress.

Mr. THompson said that copies never had been distributed
among members.

Mr. WENTWorRTH requested the gentleman from Missis-
sippi to modify his amendment as he had desired.

Mr. THompson said that books published by the Smith-
sonian Institution were distributed among the various libra-
ries, and he was willing that such a distribution should take

lace.
: Mr. WentWortH again inquired if the gentleman from
Mississippi would modify his amendment.

Mr. Tompson said that he was opposed to giving copies
to members of Congress.

Mr. Wentwortu then moved to amend Mr. Thompson’s
amendment by adding that a copy of the work should be
furnished to each Senator, Representative, and Delegate to
the present Congress.

Mr. STEVENS said that he was opposed to the amendment
to the amendment. He understood that the original amend-
ment merely contemplated giving the plates to the Smith-
sonian Institution for that Institution to publish them. Con-
gress had a perfect right to do this; but he could not under-

THIRTY-SECOND CONGRESS, 1851-53. o21

stand by what right they could call upon the Institution to
furnish a copy to each member of Congress from its own
resources. If Congress intended granting an appropriation
to defray the expense of the publication and distribution,
as the gentleman from Illinois proposed, he would have no
objection to it; but unless such an appropriation were made,
he should feel himself compelled to vote against the gentle-
man’s amendment.

The question was then taken on Mr. Wentworth’s amend-
ment, and it was not agreed to.

The question was then taken on Mr. Thompson’s amend-
ment, and it was adopted.
_ On the same day it was ordered that two copies of the
Annals of Congress be given to the Smithsonian Institution;
also, one copy of the works of Alexander Hamilton and one
copy of the works of John Adams.

PROCEEDINGS IN THE SENATE.
SenaTE, April 20, 1852.

The Senate having under consideration the Deficiency
bill, and the following amendment from the Committee on
Finance being in order : :

‘For planting and finishing the roads and walks through that portion
of the public Mall surrounding the Smithsonian Institution, $7,000 ’—

Mr. Hunter said: This item is estimated for by the Sec-
retary of the Interior. It is proposed to appropriate this
amount in this bill, instead of appropriating it for the next
fiscal year, as this is the planting season.

The amendment was agreed to.

Senate, May 27, 1852.

Mr. Pzarcz, from the Committee on Finance, reported a
bill supplementary to an act approved August 10, 1846, en-
titled “An act to establish the Smithsonian Institution,”
&c., which was read and passed to a second reading. The
bill is as follows:

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That so much of the money now
in the hands of the Regents of the Smithsonian Institution, being an accu-
mulation of interest on the principal fund that accrued prior to July first,
eighteen hundred and forty-seven, and heretofore set apart for the erection
of the suitable buildings for the use of said institution, as may not be found
necessary for the completion of the edifice now in course of erection, and
all such further sums as may be received hereafter from the estate of James
Smithson, shall be received into the Treasury of the United States on the

522 _ CONGRESSIONAL PROCEEDINGS.

same terms as were provided for the original principal fund by the second
section of the act entitled ‘‘ An act to establish the Smithsonian Institution,
for the increase and diffusion of knowledge among men,” approved August
tenth, eighteen hundred and forty-six, and that the interest thereon at the
rate of six per centum per annum, shall in like manner be payable half-
yearly, on the first of January and July in each year, from and after the
date at which it shall be received into the Treasury of the United States,
for the perpetual maintenance and support of said institution: Provided,
That the sums thus to be received, shall not exceed the amount of two
hundred thousand dollars.

Senate, August 20, 1852.

The Vice President laid before the Senate a letter from
the Secretary of the Smithsonian Institution, communica-
ting the annual report of the Board of Regents of that in-
stitution ; which was ordered to lie on the table, and be
printed.

A motion of Mr. Pearce that 5,000 additional copies be
printed, was referred to the Committee on Printing.

SENATE, August 21, 1852.

An amendment to the Civil and Diplomatic appropriation
bill for the year ending June 380, 1853, was proposed by the
Finance Committee, as follows:

‘‘ For finishing the grading, manuring, planting, finishing the roads and
walks, graveling and laying gutters along the margin of the same, and
repairing the fence of the Smithsonian square, $13,200.’

SENATE, August 24, 1852.

Mr. Puarce submitted the following resolution; which
was agreed to:

Resolved, That the vacancy in the Board of Regents of the Smithsonian
Institution, occasioned by the resignation of the Hon. Jefferson Davis, be
filled by the President of the Senate.

Mr. Robert M. Charlton was appointed.

SENATE, August 26, 1852.

Mr. Hamtrn, from the Committee on Printing, reported
in favor of printing 5,000 additional copies of the annual
report of the Regents of the Smithsonian Institution, and
that 2,000 copies thereof be for the use of the institution ;
which was agreed to.

Senatn, August 26, 1852.

Mr. Hunter moved to amend the amendment offered
August 21st, by striking out $13,200,” and inserting
“$16,760.” The amendment to the amendment was agreed
to, and the amendment as amended was agreed to.

THIRTY-SECOND CONGRESS, 1851-53. 523

August 30.—In conference committee the Senate receded
from the above.

SENATE, August 31, 1852.

On motion by Mr. Donan, of Iowa, it was—

Ordered, That instead of the distribution of Owen’s Report heretofore
ordered, there be furnished to the General Land Office 100 copies, to the
Smithsonian Institution 100 copies, and to Dr. Owen 200 copies.

SENATE, December 21, 1852.

‘Mr. Pearce. There are two vacancies in the Board of
Regents of the Smithsonian Institution, which it is very
desirable and necessary should soon be filled. I therefore
ask leave to introduce a joint resolution. The resolution
was read a first and second time, and considered by the
Senate as in Committee of the Whole; reported without
amendment; read a third time and passed.

The resolution is as follows:

fesolved, §c., That the vacancies in the Board of Regents of the Smith-
sonian Institution, of the class ‘‘other than members of Congress,’ be
filled by the appointment of Alexander Dallas Bache, of the city of Wash-
ington, and John McPherson Berrien, of the State of Georgia.

The resolution was approved January 13, 1853, as Public
Resolution No. 6.

Senate, March 1, 1853.
The PRESIDENT pro tempore laid before the Senate the

seventh annual report of the Board of Regents of the Smith-
sonian Institution.

Mr. Hunter, from the Finance Committee offered the fol-
lowing amendment to the Civil and Diplomatic appropria-
tion bill, which was agreed to:

‘‘ To supply a deficiency for the purchase of trees and hire of laborers on
the improvements of Reservation No. 2, on public Mall, between Seventh
and Twelfth streets west, $5,276.52.”’

Senate, March 3, 1853.

The report of the Board of Regents of the Smithsonian
Institution was ordered to be printed.

PROCEEDINGS IN HOUSE OF REPRESENTATIVES.

Housr oF REPRESENTATIVES, January 2, 1852.

The Speaker, in pursuance of the act of Congress, an-
nounced the names of the following gentlemen as Regents
of the Smithsonian Institution: Messrs. William F. Colcock,

524 CONGRESSIONAL PROCEEDINGS.

of South Carolina, Graham N. Fitch, of Indiana, and James
Meacham, of Vermont.

House oF REPRESENTATIVES, July 11, 1852.

Mr. Henn, of Iowa, offered the following amendment to
the bill to reduce and modify the rates of postage in the
United States, &e.:

The presidents of universities, colleges, academies, and of all scientific
institutions, and also the Smithsonian Institution, may send by mail, free
of postage, the printed copies of any regular paper, pamphlet, or book pub-
lished under the authority of any such institution ; and also the proof sheets
of such copies while the same are being published: Provided, Such printed
copies shall be distributed gratis.

On the 12th of July the question was taken on the amend-

ment, and it was rejected.

House or REPRESENTATIVES, January 11, 1853.

Mr. Meacuam. [ask the unanimous consent of the House
to take up joint resolution of the Senate No. 64, for the ap-
pointment of Regents of the Smithsonian Institution. It
will take but a moment, and it is very necessary that it

should be passed.
The joint resolution was read three times, and passed.

House or Representatives, March 8, 1853.

The House refused to agree to the amendment of the
Senate to the Civil and Diplomatic bill, appropriating
$5,276.52, for reservation No. 2.

The amendment having been sent to a committee of con-
ference, the House receded from its disagreement, and the
amendment was agreed to.

PROCEEDINGS IN THE SENATE.

Senate, Pebruary 21, 1854.

Mr. Pearce offered the following resolution; which was
considered by unanimous consent, and agreed to:

Resolved, That the vacancy in the Board of Regents of the Smithsonian
Institution, occasioned by the expiration of the term of the Hon. R. M.
Charlton, be filled by the President of the Senate.

The PresipENT appointed Hon. Stephen A. Douglas to

fill the vacancy.
Senate, July 22, 1854.

The Senate having under consideration the Civil and

THIRTY-THIRD CONGRESS, 1853-55. 525

Diplomatic Bill, the following amendments reported by the
committee were read—

For the preservation of the collections of the exploring expedition.

For compensation of keepers, watchmen, and laborers, $2,980.

For contingent expenses, $100.

Mr. Pratt. If I understand that amendment, the expen-
diture proposed by it is an annual one for the preservation
of the collections of the exploring expedition.

Mr. Hunter. The Senator from Maryland, over the way,
[Mr. Pearce,] can explain this matter.

Mr. Pearce. These collections have been, from the time
they were received in this country down to the present
period, under the charge of the Library Committee, who
are very anxious to get rid of that responsibility. But there
are other reasons why they should be transferred to the
Commissioner of Patents. They are in the Patent Office
building, they are under his eye. He is the proper officer
to take care of them. He takes care of other things which
are connected with them.

The sum appropriated, I will remark, is rather more
perhaps than has been heretofore expended by the Library
Committee for that purpose; for the reason that it will be
necessary to erect additional buildings, and necessary to have
an additional watchman, as there is now nothing to prevent
burglars from getting into so much of the building as is
now going on. I believe that all the allowances are eco-
nomical; and I am very sure they are below those made in
other departments of the Government. If we do not ap-
propriate this money here, we shall have to appropriate the
same sum of money to be expended under the care of the
Library Committee. That is the only difference. That
committee is not the proper body to take charge of the
matter. They are not an executive body properly.

Mr. Pratt. I cailed attention to the matter, because it
struck me as being rather singular that there should be an
annual appropriation of about $3,000, for the purpose of
preserving the curiosities collected by the exploring ex-
pedition. I do not know whether they are worth to the
Government this annual expense. I only desired the ex-
planation, as it struck my mind as curious.

Mr. Pearce. <As long as we keep them, we must take
care of them, and we cannot take care of them with less
expenditure. These are very interesting objects. There
are one hundred and twenty thousand people who visit that
building annually, and it seems to me that this is a very

526 CONGRESSIONAL PROCEEDINGS.

small expenditure to afford so much gratification to our
people.
Senats, July 25, 1854.

The Presipine OFrricer laid before the Senate a letter of
the Secretary of the Smithsonian Institution, transmitting
the annual report of the Board of Regents, which, on mo-
tion of Mr. Pearce, was ordered to be printed ; and a motion
by Mr. Rusk to print 10,000 additional copies was referred
to the Committee on Printing.

SENATE, July 28, 1854.

Mr. Jounson, from the Committee on Printing, to whom
was referred a motion to print additional copies of the
eighth annual report of the Board of Regents of the Smith-
sonian Institution, reported the following resolution ; which
was considered by unanimous consent, and agreed to:

Resolved, That there be printed, for the use of the Senate, ten thousand
extra copies of the eighth annual report of the Regents of the Smithsonian

Institution, five hundred of such copies to be given to the Secretary of
the Smithsonian Institution for its use.

PROCEEDINGS IN THE HOUSE OF REPRESENTATIVES.

House or RepresENTATIVES, December 14, 1853.

The SPEAKER appointed Messrs. James Meacham, of Ver-
mont, Wm. H. English, of Indiana, and David Stuart, of
Michigan, Regents of the Smithsonian Institution.

Houser oF REPRESENTATIVES, January 3, 1854.

Mr. CHANDLER offered the following resolution: |

Resolved, That a select committee, consisting of nine members, be ap-
pointed, and instructed to inquire into the expediency of withdrawing from
the Treasury of the United States the Smithsonian fund, and investing the
same in sound stocks, or in such other way as may be to the interest of said
fund.

Mr. CHanDLER. This money is lying in the Treasury of
the United States, aud the Government has to pay for the
use of it, when it is buying up its own stock at a large pre-
mium. It is, therefore, desirable to place the fund in some
other situation.

Mr. Jongs, of Tennessee. I desire to make one inquiry
of the gentleman, and it is, whether there is any certainty
that a method can be devised by which he can so invest this
money in stocks, or in any other way, that, provided it

THIRTY-THIRD CONGRESS, 1853-55. 527

sheuld be lost, the Government will not have to refund it?
We made one investment of a portion of this fund, and had
to pay the amount of the investment.

Mr. CHANDLER. Invest it in eastern stocks, and not in
western.

Mr. Bay ty, of Virginia, called for the reading of the reso-
lution, and no objection being made, it was accordingly
again read.

The question was then talxen on the adoption of the reso-
lution; and there were, on a division—ayes 84; noes not
counted.

So the resolution was adopted.

House or REPRESENTATIVES, January 24, 1854.

Mr. Upuam, from the Committee on the Post Office and
Post Roads, reported the following bill; which was read a
first and second time by its title:

‘*A bill granting the franking privilege to the Superintendent of the

Coast Survey, and the assistant in charge of the office of said Coast
Survey.’

Mr. Mace. I move that the bill be so amended as to pro-
vide for the grant of the franking privilege to the Secretary
of the Smithsonian Institution, in addition to the officers
already named.

Mr. Ops. The proposition contemplates the giving of
the franking privilege to the Coast Survey. The Commit-
tee on the Post Office and Post Roads have permitted it to
be reported to the House, from the fact that we had seen
no good reason why the head of that bureau—for it is, in
fact, a bureau—should not have the franking privilege as
well as the heads of the other bureaus. At the same time,
however, that I give my assent to the report of this resolu-
tion, I wish to say that my own opinion, and I believe that
such will be the opinion of the committee, is against the
franking privilege altogether; and perhaps before the session
is closed we shall propose a bill abolishing it.

Mr. Macr. I think, sir, that I would myself be in favor
of the abolition of the franking privilege; but if it is to
exist and appertain to sundry officers of the Government,
and to members of Congress, 1 see no case more meritorious
than that of the Secretary of the Smithsonian Institution,
to which that privilege could be extended. That is an insti-
tution for the diffusion of general knowledge throughout the
whole country. By various acts of Congress we vote to it
numerous public documents, which cannot be distributed

528 CONGRESSIONAL PROCEEDINGS.

unless some member of Congress will volunteer to go there
and frank them. Such is the practice, and I have myself,
at the instance of Professor Henry, spent days there in
franking public documents for that institution.

The ‘design has been to forward to our constituents
throughout the land documents for their information. The
Secretary of that institution ought to have the privilege of
franking them, and not be, as now, subjected to the incon-
venience of calling upon the members of Congress to do
that job.

A Memper. Whois the Secretary?

Mr. Macr. Iam told that Professor Henry is the Secre-
tary. Ido not propose to elaborate this question at all. It
is asimple one. If we are to extend this privilege at all,
we cannot extend it toa more meritorious case than the one
T have suggested.

Mr. Jongs, of Tennessee. I move to refer the bill and
amendment to the Committee of the Whole on the state of
the Union, and that they be printed. And I will say that
whatever may be the propriety of the bill as reported from
the committee, [ can see no justice and no propriety in the
amendment proposed by the gentleman from Indiana, [Mr.
Mace. ]

The Smithsonian Institution is not part nor parcel of this
Government. Itisaseparate and distinct institution, quar-
tered, it is true, on the Treasury at the rate of thousands of
dollars per annum; and it should be kept, I think, as dis-
tinct as possible. There is no reason for giving this institu-
tion the peculiar privilege of franking its documents over
the country in preference to other institutions of learning
in any part of the United States. Andif you commence
with this, where are youtostop? This is to be the entering
wedge here at the seat of Government. This is first to be
made the favorite institution for establishing the precedent
to confer the franking privilege on all the institutions, per-
haps, of the country. And I will say to the gentleman from
Indiana, [Mr. Mace,] that according to my understanding
and construction of the Post Office laws, the member of
Congress who franks a document weighing over two
ounces, published by the Smithsonian Institution, violates
the privilege conferred upon him under the laws of Con-

ress.
5 Mr. Mace. Will the gentleman from Tennessee allow
me to explain ?

Mr. Jonzs yielded the floor.

Mr. Mace. I will state to the gentleman that the docu-

THIRTY-THIRD CONGRESS, 1853-55. 529

ments franked by me for the Smithsonian Institution were
printed by order of ‘Congress; and I had the same right to
frank them as I had the other public documents printed by
order of Congress.

Mr. Jones. If they were ordered by Congress, or by
either House of Congress, then they were public docu-
ments, and came within the law. And the gentleman from
Indiana, [Mr. Mace,] and every other member had a right
to frank them. But the documents printed by order of the
Smithsonian Institution are not included among these priv-
ileged matters which members of Congress are authorized
to frank; and, in my opinion, they should not be included.
IT now, Mr. Speaker, move the previous question.

Mr. Warren. I move to lay the bill and amendment
upon the table.

Mr. Macr. The gentleman from Massachusetts who re-
ported the bill has urgently appealed to me to withdraw the
amendment which I have proposed. I do now withdraw it.

There was no objection, and it was withdrawn.

Hovusr oF REPRESENTATIVES, March 10, 1854.

Mr. Cuanpuer. I ask leave to introduce a memorial from
the Smithsonian Institution, with a view of having it refer-
red to the special committee appointed early in January.
It is a memorial asking Congress to authorize the Treasury
Department to receive $150,000, saved from the accrued
interest, on the same terms as those on which the original
bequest was received.

The memorial is as follows :

To the Honorable the Senate and House of Representatives, in Congress as-
sembled:

GENTLEMEN: The Board of Regents of the Smithsonian Institution have
directed me to transmit to your bonorable body the resolution appended to
this communication, and to solicit the passage of a law in accordance there-
with.

It is known to your honorable body that the original sum received into
the United States Treasury from the Smithsonian bequest was a little more
than $515,000, and that at the time of the passage of the act incorporating
the institution $242,000 had accrued in interest, which sum, or so much of
it as might be deemed necessary, the Regents were authorized to appropriate
to a building.

In consideration, however, of the great demands upon the institution for
‘the increase and diffusion of knowledge among men,”’ the Regents, instead
of immediately expending this sum on the building, have carefully husbanded
it, and have extended the time of the erection of the building over severai
years, and have defrayed the expense in part out of the proceeds of this sum,
and in part out of such portions of the income of the original fund as could
be spared from the operations of the institution. The building will be com-
pleted in a few months in fire-proof materials, and in a very substantial man-
ner, and besides the money required to pay the contractor there is now on
hand $150,000 of accrued interest.

34

530 CONGRESSIONAL PROCEEDINGS.

This sum the Regents ask to be allowed to place in the Treasury of the
United States with the original bequest, and to add to it, from time to time,
such other sums as may come into their possession by donation or otherwise
until the sum thus added shall amount to $

The sole object of this bequest is the permanent investment and perpetual
security of the accumulated fund, and when your honorable body is assured
that the operations of the institution have received the approbation of the
wise and good in every part of the world where literature and science are
cultivated, the undersigned trusts that the request will be granted.

And your petitioner will ever pray, &e.

JOSEPH HENRY,
Secretary of Smithsonian Institution.

House or Representatives, July 20, 1854.

Joint Resolution No. 13 approved.—One copy of the works
of Thomas Jefferson to be given to the Smithsonian Institu-
tion.

Houser or REPRESENTATIVES, July 25, 1854.

The House having under consideration as in Committee
of the Whole the Navy Appropriation Bill—

Mr. Haven said: I offer the following amendment, not
by direction of the committee, for I take it that the com-
mittee is against me:

To enable the Secretary of the Navy to pay the salary of Professor James
P. Espy, for the current fiscal year, ending 30th June, 1855, $2,000; pay-
ment to be made in the same manner and under like control as former ap-
propriations for meteorological observations.

Mr. Puetps. [rise to a question of order on the amend-
ment.

Mr. Haven. Let me state just why I think the amend-
ment isin order. Similar appropriations are to be found
in the Navy appropriation bills for the last three or four years.
You will find it referred to in the report of the Secretary of
the Navy, President’s message and accompanying documents,
page 802. On page 3938 the committee will find a letter from
Professor Espy, from which I will read a short extract After
detailing the duties which he has performed in reference to
collecting and collating meteorological observations that
have been made at the military posts in the country, he uses
the following language in his letter to the Secretary of the
Navy:

I have already finished collating the years 1849, 1850, and 1851, with the
exception of the third quarter of 1849 and the third quarter of 1851. These
quarters I shall finish by the end of the present year, and if you so direct,
the report for these three years can be handed in to Congress. But I respect-
fully suggest that a report on this subject would be greatly increased in
value by even a small increase of time contained in it; and I should be

pleased if you would allow the report to be withheld from Congress till
its second session, at which time the year 1852 would be embodied in it.

THIRTY-THIRD CONGRESS, 1853-55. 531

This man has been regularly and continuously employed;
and you will find, in the cases referred to, that the Secretary
of the Navy has made the recommendations of which I have
spoken. You will find, by referring to page 112, that this
appropriation of $2,000 a year was not only made for that
year, but for the year previous. In the act of the last ses-
sion at page 221, you will find that the same appropriation
was made, and in the precise way in which it has been made
in every particular case. I now offer this amendment, be-
cause my friend from Georgia, [Mr. Stephens,] who is my
colleague upon the Committee of Ways and Means, told me
that he had always attended to it, and he intrusted it to my
hands now. I wish to perform that trust faithfully, as it is
an appropriation which I think ought to be made. It is
certainly one which has been adopted as an amendment to
this bill for the last half dozen years.

The CuarirmMan. Tbe Chair would inquire whether the
office was established by law?

Mr. Haven. Certainly; and this man is in the employ-
ment of the Government. Ie is now engaged in making
a report.

Mr. Puetes. I differ with the gentleman as to the fact
whether the office was established by law. I admit that in
two or three naval appropriation bills an amendment was
passed making provision for the prosecution of meteoro-
logical surveys, but those appropriations were only made
from year to year. There is no such officer provided for
by law. His term of office expired the Ist of July, and
there is no law providing for the continuation.or further
prosecution of these meteorological surveys. It is for these
reasons that I raise the question of order.

Mr. Haven. I will not say whether Iam right or wrong
in reference to this matter; but I do say that for a series of
years appropriations have been made from year to year for
this purpose, contained precisely in the same words as my
amendment. This man is in the public employment

Mr. Surry, of Virginia. Will the gentleman say whether
the office of Mr. Espy, who used to be called the Storm
King, is an oflice created by law?

Mr. Haven. The question which my friend from Virginia
puts me has reference to the designation of the man that
fills the ofice—Storm King, as he says—rather than to the
employment in which he is engaged. I cannot say whether
there is such an officer as the head of a bureau of meteoro-
logical surveys, but I do understand that the law has made
provision for this office. I have pointed to the place where

532 CONGRESSIONAL PROCEEDINGS.

provision is made for the office, and for paying the man who
has been employed under the law to fill it.

The Cuarrman. If the Chair understands the facts of the
case, this was a special service for which the appropriation
was made; and the service and office expire with the ex-
haustion of the appropriation. The amendment would not,
therefore, be in order under the rule established.

Mr. Haven. Allow me to say one thing further. When
the Secretary of the Navy called the attention of the House
to this matter

[Loud cries of “Order!” “‘Order!”’]

The CuarrmMan. Does the gentleman appeal from the de-
cision of the Chair?

Mr. Haven. Ido; and I desire simply to say that ever
since [ have been in this House

Mr. Puexps. [rise to a question of order. There is an
appeal pending, and no debate is in order.

Mr. Stanton. I desire to make a suggestion. This isin
continuation of works which have already been commenced.
These observations have been carried on for a series of years.

[Cries of ‘‘ Question!” “ Question!’’]

The CuatrMAN. The question is, “Shall the decision of
the Chair stand as the judgment of the committee?”

The question was taken, and the decision of the Chair was
not sustained; there being, on acount, only thirty-one in the
affirmative.

The CHatRMAN. The question is on the amendment sub-
mitted by the gentleman from New York, [Mr. Haven.]

Mr. Stuart, of Michigan. I move to amend the amend-
ment of the gentleman from New York, [Mr. Haven,] by
increasing the appropriation one dollar.

Ihave moved the amendment merely for the purpose of
enabling me to ask one or two questions, to which I ask the
attention of the gentleman from New York. There is now
an officer employed by the Smithsonian Institution whose
duty itis to receive and to make all these meteorological
calculations, and to report upon them. Reports are sent from
all the different military stations in the country to him. He
is employed at present in getting out a work upon this sub-
ject at the expense of the Smithsonian Institution. WhatI
want to know is, whether these are the same services upon
which Professor Espy is employed?

Mr. Haven. I can only answer the gentleman by refer-
ence to the documents. I know nothing of the computa-
tions of the Smithsonian Institution; but I doubt not the
gentleman is correct in what he states.

THIRTY-[HIRD CONGRESS, 1853-55. 533

Here is Professor Espy’s letter:

Irvina HoTEL, WASHINGTON, September 8, 1853.

Sir: In answer to your letter of the 6th instant, requesting me to ‘‘ furnish
you a report of my labors, and their results, connected with the meteoro-
logical observations conducted by me, under the direction of the Navy De-
partment, during the past year,’”’ I have to report progress as follows:

During the year, as in several former years, I have had access to all the
‘meteorological journals kept at the various military posts by order of the
Surgeon General, and to all the journals procured by the Smithsonian In-
stitution, which are very numerous, and embrace a very wide extent of
territory, which, united to the journals of my own correspondents, furnish
the means, such as the world never possessed before, of generalizing the
phenomena of storms, and educing laws which apply to their origin, the
direction and velocity of their motion, in the United States; the direction
and violence of the wind in different parts of the storm at the same time;
the state of the barometer in the storm and around its borders; the causes
which produce these phenomena; and the means of predicting, in all great
storms of dangerous violence, their approach in time to prepare for them.
How much of all this I have already done, and how much remains to be
done, and with what prospect of success, you will judge by examining my
previous reports to the Department.

The plan which I adopted in these reports, in collating the meteorological
journals, was to exhibit to the eye, on skeleton maps of the United States,
the various phenomena of the winds and rains and barometric fluctuations
by appropriate symbols, so that, by a glance, it might be seen where a storm
was raging, how far it extended, in what direction, and. with what violence
the wind blew in its borders, and beyond; how the barometer stood within
and beyond its borders; and how far, and in what direction, the center of
the storm had moved by the next day at the same hour. This plan I have
not seen proper to change in the report now in progress for the Department.

I have already finished collating the years 1849, 1850, and 1851, with the
exception of the third quarter of 1849 and the third quarter of 1851. These
quarters I shall finish by the end of the present year; and, if you so direct, the
report for these three years can be handed in to Congress. But I respectfully
suggest that a report on this subject would be greatly increased in value by
even a small increase of time contained init; and I should be pleased if you
would allow the report to be withheld from Congress till its second session,
at which time the year 1851 would be embodied in it.

Whatever you direct me to do on this, shall be done to the best of my
ability.

Very respectfully, your obedient servant,
JAMES P. ESPY.
Hon. J. C. Dogsin.

These calculations are of very great service to science.
They are the handmaid to the great business in which Lieu-
tenant Maury isengaged. Itseems that Professor Espy has
access to the journals kept at the various military stations
in the country, to all the journals received by the Smith-
sonian Institution, and besides that, has a very large cor-
respondence of his own from which he deduces his facts,
ana reports to the Secretary of the Navy.

Mr. Stuart, by unanimous consent, withdrew his amend-
ment to the amendment.

Mr. Haven’s amendment was then agreed to,

584 CONGRESSIONAL PROCEEDINGS.

Hovst or REeprResENntvATIVES, July 31, 1854.

Mr. Jones, of Tennessee. The Committee of Ways and
Means recommend a non-concurrence in the forty-second
amendment of the Senate, [July 22.]

The amendment was non-concurred in.

Hovusr or REPRESENTATIVES, August 1, 1854.

The Speaker Jaid before the House a communication from
the Secretary of the Smithsonian Institution, transmitting
the annual report of the Board of Regents.

The Spraker. The annual report does not accompany
the letter of the Secretary. The Chair understands that
there is but one copy. It is very voluminous, and is now in
the other end of the Capitol.

Mr. Enetisu. I move that the communication and report
be laid on the table, and ordered to be printed; and I move
that 20,000 extra copies be printed, and that that motion be
referred to the Committee on Printing. So ordered.

Mr. Jongs, of Tennessee. The Committee of Ways and
Means recommend a non-concurrence in the one hundred
and sixty-fifth amendment.

One hundred and sixty-fifth amendment:

Sec. _.. And be it further enacted, That the collections of the exploring
expedition, now in the Patent Office, be placed under the care and manage-
ment of the Commissioner of Patents, who is hereby authorized to employ
one principal keeper of said collections at an annual salary of $900, one
assistant keeper at an annual salary of $750, one night watchman at an
annual salary of $600, and two laborers at annual salary each of $365.

The amendment was non-concurred in.

House or REPRESENTATIVES, August 2, 1854.

Mr. Sranton, of Kentucky. I rise toa privileged ques-
tion. I have a report from the Committee on Printing,
which I desire to make. I believe that committee have the
right to report at any time,

The Speaker. The gentleman is in order.

Mr. Stanton. Iam instructed by the Committee on Print-
ing to offer the following resolution:

Resolved, That there be printed 10,000 extra copies of the annual report
of the Board of Regents of the Smithsonian Institution, including the
minority report upon the distribution of the fund—7,000 copies for distribu-
tion by the members of this House and 3,000 for the use of the Institution.

Mr. Jones, of Tennessee. I move to lay that resolution
upon the table.

The motion was not agreed to.

The resolution was then adopted.

THIRTY-THIRD CONGRESS, 1853-55. 0098

Houser or REPRESENTATIVES, August 3, 1854.

The Senate having reinserted the section that the House
non-concurred in on the Ist of August, Mr. Houston said:

Upon examination of that amendment, Mr. Pearce, of the
Senate committee, who isa member of the Joint Committee
on the Library, assured us that these officers are now kept
up and paid to have charge of this collection. The object. of
the amendment is only to relieve the Joint Committee on the
Library from their responsibility concerning the matter.
There is, I believe, an increase of one messenger, besides
which it will cost no more money than under the present
arrangement. The committee, therefore, report in favor of
the House receding from its disagreement.

PROCEEDINGS IN THE SENATE.

Senate, December 7, 1854.

Mr. Pearce, according to previous notice, asked and ob-
tained leave to introduce a joint resolution providing for the
appointment of two Regents for the Smithsonian Institution;
which was read twice by unanimous consent, and considered
as in Committee of the Whole.

It proposes to fill the vacancies in the Board of Regents,
of the class other than members of Congress, by the reap-
pointment of the late incumbents, Rufus Choate, of Massa-
chusetts, and Gideon Hawley, of New York.

The joint resolution was reported to the Senate without
amendment, ordered to a third reading, read a third time,
and passed.

SENATE, January 17, 1855.

The Presipent. [lay before the Senate a communication
from Hon. Rufus Choate, one of the Regents of the Smith-
sonian Institution. It will be read.

The Secretary read it, as follows:

To the Senate and House of Representatives :

I take leave to communicate to the two Houses of Congress my resigna-
tion of the office of Regent of the Smithsonian Institution.

It is due to the body which has been pleased to honor me with their trust
for some years, and has recently conferred it for a new term, to say that this
step is taken, not from any loss of interest in the welfare of that important
establishment, but in part from the inconvenience experienced in attending
the meetings, and in part, also, and more immediately, from my inability
to concur or acquiesce in an interpretation of the act of Congress constitu-
ting the actual institution, and the Board of Regents, which has been

536 CONGRESSIONAL PROCEEDINGS.

adopted, and is now about to be practically carried into administration by
a majority of the board. That act, it has seemed to me, peremptorily
“directs a manner’’ and prescribes a plan according to which it intends
that the institution shall accomplish the will of the donor.

By the earlier law accepting the gift, Congress engaged to direct such a
manner and to devise such a plan, and pledged the faith of the United
States, that the funds should be applied according to such plan and such
manner. In fulfillment of that pledge, and in the performance of its in-
alienable and incommunicable duty as trustee of the charity, that body,
after many years of deliberation—from which it never sought to relieve
itself by devolving the work upon the discretion of others—matured its
plan, and established the actual institution to carry it out. Of this plan,
the general features are sketched with great clearness and great complete-
ness in the law. Without resorting for aid in its interpretation to its par-
liamentary history, the journals and debates, the substantial meaning seems
to be palpable and unequivocal in its terms. By such aid it is rendered
quite certain. A Board of Regents is created to administer it. Some dis-
cretionary powers, of course, are given to the board in regard of details,
and in regard of possible surpluses of income which may remain at any
given time, while the plan of Congress is being zealously and judiciously
carried into effect; but these discretionary powers are given, I think, in
trust for the plan of Congress, and as auxiliary to, codperate with, and execu-
tory of, it. ‘They were given for the sake of the plan, simply to enable the
regents the more effectually and truly to administer that very one—not to
enable them to devise and administer another of their own, unauthorized
in the terms of the law, incompatible with its announced objects and its full
development, not alluded to in it anywhere, and which, as the journals and
the debates inform us, when presented to the House under specific proposi-
tions, was rejected.

Of this act:an interpretation has now been adopted, by which, it has
seemed to me, these discretionary means of carrying the will of Congress
into effect are transformed into means of practically disappointing that will,
and of building up an institution substantially unlike that which it in-
tended, which supersedes and displaces it, and in effect repeals the law.
Differences ot opinion had existed in the board from its first meeting, in
regard of the administration of the act; but they were composed by a reso-
lution of compromise, according to which a full half of the annual income
was to be eventually applied in permanence to what I deem the essential
parts of the plan of Congress. That resolution of compromise is now for-
mally rescinded, and henceforward the discretion of the regents, and not
the act of Congress, is to be the rule of appropriation, and that discretion
has already declared itself for another plan than what I deem the plan of
Congress. It may be added that, under the same interpretation, the office
and powers of secretary are fundamentally changed from those of the sec-
retary of the law, as I read it, and are greatly enlarged.

In this interpretation, I cannot acquiesce; and with entire respect for
the majority of the board, and with much kindness and regard to all its
members, I am sure that my duty requires a respectful tender of resigna-
tion. I make it accordingly, and am your obedient servant,

RUFUS CHOATE.
WasuHInaton, (D. C.,) January 18, 1855.

Mr. Pearce. Mr. President, I desire to make a sugges-
tion in regard to the disposition which shall be made of this
paper. Before I do so, however, I ask the indulgence of the
Senate while I submit a very few remarks.

The paper, sir, is one of unusual character. It purports
to be a resignation by a gentleman holding a public trust

THIRTY-THIRD CONGRESS, 1853-55. 537

under the appointment of Congress, and assigns reasons for
the resignation. The first is the inability of the party re-
signing to perform the duties of his trust; that is to say, to
attend the meetings of the institution, without which attend-
ance he cannot perform the duties of his trust; quite a sufli-
cient reason, and one which, perhaps, has been of equal
weight for the last seven years as now. ‘The second reason
is, his inability to concur with the majority of the Board of
Regents in the interpretation which they have given to the
statute establishing the institution. If the letter of resig-
nation had terminated there, I should not have had,a word
to say; but it goes much further. It is, in effect, nothing
more than we have seen in the public prints for the last
year, though, of course, in very different language, and in-
stigated by purposes very different from those which I hope
and believe actuate the retiring regent.

It sets forth, sir, that Congress has established a plan for
the conduct of this institution, has prescribed a manner in
which the regents shall manage its affairs; that the act
sketches with clearness and completeness the principal fea-
tures of this plan; that they are quite apparent without
reference to the parliamentary history of the act; that, with
that, they are unmistakably clear. Then he charges that
the majority of the Board of Regents, who have the mis-
fortune to differ from the retiring regent, have subverted
that plan established by Congress, have departed from the
manner in which Congress prescribed that the affairs of the
institution should be conducted, and diverted the application
of the funds from the objects prescribed in the law, have
appropriated them to objects not mentioned in the law, in-
compatible with the prescribed objects, and not warranted,
either by the letter or spirit of any of its provisions; that
thus the Board of Regents have substituted their will for
the will of the National Legislature, and have, in effect,
repealed the act of Congress.

Sir, these are very grave charges. I happen to be one of
those who have been thus contumacious, who have thus en-
deavored to subvert the will of the National Legislature,
and to repeal the act of Congress, for the faithful execution
of which I had pledged everything which a man of honor
could pledge, by the acceptance of the trust. Sir, I cannot
but feel sensibly the reproach conveyed in this letter, and I
feel it not only sensibly, but with something of indignation.
I have one consolation, however. Ido not stand alone in
the interpretation which I have given to this act. I am con-
soled’ for differing from the brilliant parliamentary and

5388 f CONGRESSIONAL PROCEEDINGS.

forensic orator who is the author of this letter, by reflecting
that I am sustained in my opinion by men of such weight
of character as cannot well be exceeded in this country.
Let me mention a few of them. In the first place, I will
mention him who holds the first rank as a jurist in the
United States; first, unquestionably, in position, and, as I
believe, not surpassed either in the variety and extent of his
legal learning, the vigor and acuteness of his logical facul-
ties, or the purity of his professional and private life, by any
man in this country, or elsewhere—I mean Chief Justice
Taney, with whom I consider it to be exceedingly fortunate
that I concur in opinion on this question.

Next, sir, I may be allowed to mention a gentleman from
Georgia, a member of General Jackson’s Cabinet, his first
Attorney General, for many years a distinguished ornament
of this body, and now, in spite of years somewhat advancing,
retaining all the vigor of those physical and intellectual fac-
ulties which made Mr. Wirt characterize him, thirty years
ago,as a man of splendid ability, and who at this time main-
tains, as he has done for thirty years, a proud position in
the front ranks of his noble profession—I mean Mr. Berrien,
of Georgia.

Then, sir, I may mention a gentleman who was also once
an Attorney General of the United States, Secretary of the
Treasury, and Minister to England and to France, himself
more intimately connected with this institution than any
other person whom I know, having been the agent ap-
pointed by the Government of the United States to proceed
to London and prosecute the suit in chancery, upon which
the determination of this fund depended; a gentleman of
ample ability, of high cultivation, and mature experience—
I mean Mr. Richard Rush, of Pennsylvania.

I shall not, in his presence, bestow any eulogium upon
my friend, the honorable Senator from Virginia, [Mr. Ma-
son,| who is one of those who have concurred with me. But
even in his presence [ may say this much: that for many
years—more perhaps than he would be glad to acknowl-
edge—he has been engaged in a large and successful prac-
tice, and in the higher walks of his profession; and that
this furnishes some small reason to infer that he is quite
competent to construe an act of Congress.

Of the other members of the Board of Regents who con-
cur with me, I need not make mention further than to say
that, though not legal men, they are all men of great emi-
nence in this country, and their eminence has been recog-

THIRTY-THIRD CONGRESS, 1853-55. 539

nized in the high public positions which they have occupied
and still occupy and adorn.

As [ have said before, sir, this is some small consolation
to me for venturing to differ from Mr. Choate, who so un-
qualifiedly condemns all those who oppose him. There is
something rather peremptory, I think, in the manner in
which he announces his opinion in regard to the construe-
tion and violation of this law. I do not find it qualified by
the expression of the possibility of any misconstruction on
his part, by the admission that intelligent and honorable
men might well differ in regard to that construction. Far
be it from me, sir, to impute to those who differ from me
any want of intelligence and sincerity. The Senator who
sits beside me [ Mr. Douglas] is one who differed from me
in the board; but nothing has ever occurred because of
that difference to diminish the respect which I entertain
for himself, his talents, and abilities.

Well, now, let us see, for a moment, what are those re-
quirements of the law, which, in the opinion of Mr. Choate,
the regents have neglected or violated. The act organizing

the Smithsonian Institution has prescribed certain definite

objects, due attention to which the regents undoubtedly are
bound, in good faith, to pay. It has required us to erect a
building, such as was described in the act—a building upon
a large and liberal scale—suflicient for the reception and
arrangement, upon that scale, of collections of natural his-
tory, including a geological and mineralogical cabinet, a
museum, library, chemical laboratory, a gallery of art, and
lecture rooms. These are all the objects specified in
the act.

There is another clause in the law which authorizes the
Board of Regents to apply such funds of the institution as
are not specifically appropriated by the act, or required for
the purposes mentioned in it, to such other purposes as they
may deem best suited to carry out the purposes indicated in
the will of Mr. Smithson, the founder of the institution.
That is the clause to which, I presume, Mr. Choate refers,
when he says there are some discretionary powers which he
seems to think very insignificant, and which are given to the

. regents, in his opinion, only to enable them to carry out the

details of the plan prescribed by the act of Congress, or, as
merely subsidiary to the general authority which Congress
had bestowed upon the regents in regard to the library,
museum, and gallery of art.

But, sir, while Congress has thus prescribed, generally,
the features which they chose to give to this institution, I

540 CONGRESSIONAL PROCEEDINGS.

apprehend it will be found, on an examination of the instru-
ment, that the discretionary powers conferred upon the re-
gents are far larger than those ascribed by the retiring
regent. The Board of Regents have recognized fully and
constantly the obligation upon them of every requisition
contained in that law, and I think they have faithfully ful-
filled those requisitions. They have erected the building
required by law; they have designed and completed it upon

a large and liberal scale. They have made provision for the

collection and arrangement of objects of natural history.
They have made appropriations for a library, and have made
a beginning with a gallery of art. They have established a
chemical laboratory, which is one of the objects enjoined in
the act; and they have provided lecture rooms, specified in
the law. They have not appropriated a very large portion
of the funds of the institution for the library, though, in this
respect, the amount applied has been far greater than is
generally supposed; and that is, after all, the real gist of the
controversy.

It is singular, that, in the act of Congress there is a limi-
tation upon the appropriations for a library, and no limit to
the appropriations which may be made for any other of the
designated objects. The limitation in the library expendi-
ture was rather inappropriately added to one of the sections
of the bill, to which it was not germane. It forbids the
application of more than $25,000 per annum to that pur-
pose; but the act does not, anywhere, require the regents
to expend annually that amount. It establishes no mini-
mum below which they shall not fall in their appropria-
tions; but it simply establishes a maximum, beyond which
they shall not go. That has been done by Congress, in re-
gard to the library, but in regard to no other object of
expenditure. Well, sir, the regents, in their discretion,
have not thought it necessary or expedient to expend the
whole amount of the sum to which they were limited by
that provision of the act, and hence, I think, all the difficul-
ties in regard to this matter. They could not understand
the words “not exceeding $25,000,” to mean not less than
$25,000, or to mean nearly $25,000, or to signify anything
else than that such was the utmost limit of expenditure
authorized by the act for this purpose. The words neces-
sarily imply that the regents might expend less than that
sum, and the question, how much less, was one purely for
their discretion.

The regents supposed that, when the act of Congress made
it their imperative duty to provide a suitable building, with

|
|

THIRTY-THIRD CONGRESS, 1853-55. o41

proper and necessary lecture rooms, Congress did not mean
those lecture rooms to be empty and voiceless. They sup-
posed that the lecture rooms could only be used by employ-
ing lecturers, and causing lectures to be delivered. They
thought that a necessary and irresistible inference. They
did not suppose that this was any strained construction—
any forced implication; but that it followed as necessarily
as light follows the rising of the sun. As the provision for
lecture rooms was mandatory, there was not even a discre-
tion as to lectures. They were a matter of course, and the
regents would have been justly censurable if they had failed
to adopt this necessary means of giving utility to the lecture
rooms,

Congress further made it the imperative duty of the re-
gents to establish a chemical laboratory. Hor what purpose?
Why, I presume for physical researches. If not for that,
then for no purpose. It was idle and nugatory in Congress
to require the Regents of the Smithsonian Institution to
establish a chemical laboratory, if they were to make no re-
searches. For the purpose of illustration of lectures, a little
apparatus would have been all-suflicient. The regents have
felt themselves bound to encourage researches, and have
considered that they were authorized not only to direct re-
searches in physical science, but to publish them; for this
institution, we must remember, is ‘‘for the increase and dif-
fusion of knowledge among men;” and if we are bound to
have a chemical laboratory, and if we are as necessarily
bound to cause researches to be made, I would ask, of what
use are the researches? Ilow shall we increase and diffuse
knowledge of them among men if we seal them up, and do
not publish them to the world? As the collections of nat-
ural history would be nothing more than a show, if we were
satisfied with merely placing and arranging them in a mu-
seum, we think that they should be described. They can
best be made available for the increase and diffusion of
knowledge by causing them to be described by scientific
men in memoirs, such as are published by the institution.
We have thought, then, that publication was as necessary
a result, from the express powers of the grant, as any other
duty which the regents had to perform.

We did not think that the sole limit of our power. We
did suppose that, under the large discretion given in the
ninth section of the act, it was the regents who were to con-
sider how much of the funds of the institution were prop-
erly to be applied to the objects specified by the act. Since
Congress itself has not told us how to apportion the funds

542 CONGRESSIONAL PROCEEDINGS.

of the institution among those objects, it followed, there-
fore, that the regents must have a discretion in that regard,
and if they have a discretion, where is the limit? Nowhere,
except that we may not expend more than $25,000 on the
library in any one year. Then we supposed the general
provisions of that ninth section, which gave us the right to
apply the funds, not wanted for the other objects, in such
manner as we might think most conducive to the purposes
of Smithson’s will, was ample enough to justify us in ‘insti-
tuting researches, and making publication of the results.

Here is the section in question :

Src. 9. And be it further enacted, That of any other moneys which have
accrued, or shall hereafter accrue, as interest upon the said Smithsonian
fund, not herein appropriated, or not required for the purposes herein pro-
vided, the said managers are hereby authorized to make such disposal as
they shall deem best suited for the promotion of the purpose of the testator,
anything herein contained to the contrary notwithstanding.

Tt does not confine the discretion of the regents to the
details necessary in carrying out the specified objects, but
extends it to other objects, being such as they shall deem
best suited for the promotion of the purpose of the testator;
that is, the increase and diffusion of knowledge among men.
So that it is not, as Mr. Choate supposes, merely a trust for
the designated objects, but for such other purposes as corre-
spond with the intention of the will, anything else contained
in the act to the contrary notwithstanding. Under the au-
thority of this section, we have thought proper to stimulate
researches not prosecuted within the walls of the building,
nor confined to specimens of natural history deposited in its
collections. They are described in the plan of organization,
and include historical, ethnological, and statistical inqui-
ries, meteorological observations for solving the problem of
American storms, and experimental problems in electricity,
light, &e., &e. To this may be added the publication of re-
ports on the new discoveries of science, of a character highly
useful and practical.

It has been supposed, sir, that the true interpretation of
this act could be found by going outside of the law. Mr.
Choate has intimated, in his letter, that if we look at its
parliamentary history we shall see what is its true interpre-
tation. I understand to what he refers. The original bill
was introduced into the House of Representatives; a substi-
tute was offered for the bill reported by the committee; that
substitute was amended by striking out some of its provis-
ions and inserting one or two others, which do not affect
this question. The intimation is, that, if we look to the
proceedings of the House of Representatives, (not of the

THIRTY-THIRD CONGRESS, 1853-55. 543

Senate, because in the Senate there was no discussion of the
bill, and the amendments offered and rejected do not furnish
evidence of the construction given to it by that body,) we
shall find that such amendments were made as are inconsis-
tent with the construction which the regents now give to the
act. Principally they were two. There was a specific pro-
vision requiring professors and lecturers to be employed.
That was stricken out. Very true; but then there was left
in the bill the provision for lecture rooms, which I think I
have shown, imperatively required that there should be lec-
tures, and, of course, authorized the employment of persons
to lecture.

Then there was a provision in regard to researches and
publications; that was stricken out, too; but, I think, I have
shown that the duty of the regents was to institute researches
and make publications under the law as it stands. And
when we look at the circumstances attending the striking
out of those provisions, we find this to be the fact. The
provision in regard to researches and publications author-
ized Congress to call upon the regents at any time to cause
those publications to be printed and supplied to members of
Congress, to be distributed as public documents. Now, it
may very well have been that those who voted to strike out
this provision were induced to do so by the single item of it
which I have just mentioned, or they may have thought
these provisions superfluous, being well supplied by the large
discretionary powers given in the ninth section which I have
quoted. It is, however, neither according to legal rules nor
right reason to look to the speeches and proceedings of the
legislature for the construction of a statute which is itself
the embodiment of the legislative will, and furnishes
copious sources of construction by the examination and
comparison of its various provisions and the admitted pur-
pose of its enactment. Certain it is that the striking out
of those specific provisions cannot invalidate the general
grants of power, and the necessary implications from those
grants, which I have mentioned.

Now, we have a library of fifteen thousand volumes, for
the most part composed of the most valuable works pertain-
ing to all branches of human knowledge, besides ten thou-
sand parts of volumes and pamphlets. Their literary and
scientific value is to weighed, not counted. The money
value of our library is estimated by the officers of the insti-

-tution at $40,000. We have a museum, the money value of

which is estimated at $30,000. We have apparatus valued
at $10,000.

544 CONGRESSIONAL PROCEEDINGS.

This is what the regents have done in direct pursuance of
the objects prescribed by Congress; and the other things
which they have done—the publications they have made—
they suppose not to be incompatible with the expressed ob-
jects of an institution “for the increase and diffusion of
knowledge among men,” not to be violative of the letter or
spirit of the law, but to be wholly consistent and in harmony
with it, and auxiliary to the objects which are provided tor
in the law. The publications not only diffuse knowledge
among men, but they bring back to us, in hberal abundance,
the transactions and publications of learned societies in other
countries, and thus furnish us with valuable works pertain-
ing to all branches of knowledge, many of which are not to
be purchased with money, and enable us to carry out one
requirement of the law—the GrapduaL formation of a library.

In regard to the resolutions of compromise, to which Mr.
Choate has referred, the repeal of which is the great ground
of complaint, here allow me to say—for I will not consent
to detain the Senate much longer—those resolutions were
passed at the organization of the institution. They proposed
an equal, or nearly equal, division of the funds of the institution
between the objects specified in the law, and the auxiliary
objects which we are justified by the letter and the spirit of
the law, as I think I have shown, in pursuing. Well, sir, it
occurred to the regents recently—for some time past it has
been a matter of consultation among them—that it would
be well to repeal those resolutions of compromise; that there
was no propriety in the Board of Regents, at the commence-
ment of the organization of the institution, tying their own
hands, and those of their successors, so as to compel a par-
ticular scale of appropriation throughout all time. It has
been supposed to be right to leave them unfettered, so that
they may annually make appropriations such as are, in their
judgment, according to the intrinsic importance of the ob-
jects appropriated for, and in fulfillment in good faith of the
purposes of the law, for that we have never lost sight of.
Now let me read to the Senate one of the resolutions adopted
by the board, which are the cause of Mr. Choate’s resigna-
tion. One repeals the compromise resolutions which I have
mentioned. ‘The other is in these words:

Resolved, That hereafter the annual appropriations shall be apportioned
specifically among the different objects and operations of the institution, in
such manner as may, in the judgment of the regents, be necessary and

proper for each, according to its intrinsic importance, and a compliance in
good faith with the law.

That is the resolution which is considered as subverting

THIRTY-THIRD CONGRESS, 1853-55. 545

the plan established by Congress, as repealing, in effect, the
act of Congress, and setting up the will of the regents in
place of the will of the National Legislature!

Something is said in the letter about the greatly aug-
mented powers of the secretary of the institution. I know
of no augmentation of the power of the secretary. A ques-
tion has arisen as to his right to discharge one of his assist-
ants. The board had determined that he has a right to
discharge any of his assistants without a reference to the
board. They, however, have a controlling authority over
the whole subject; and if the secretary should abuse his
power in that respect, they would remove him, as they can
at any time remove all or any of his assistants, or the sec-
retary himself. I may add, sir, that the secretary of the in-
stitution is a gentleman, as well as widely known to the
world of science; a profound philosophic scholar, and a
man of pure and stainless life.

Mr. President, considering the form in which this matter
has been brought before us—as a solemn appeal from a re-
tiring member of the Board of Regents to the Senate, and
to the public—it has seemed to me that it would be proper
that the Senate should investigate the subject. It has oc-
curred to me that it would be proper to appoint a special,
committee for that purpose. I make the suggestion, but I
do not submit any motion. If I were to’submit such a mo-
tion, according to parliamentary usage, I should be put on
the committee as chairman—a position which I could by no
means think of accepting. It would, I think, be neither
delicate, nor in any respect proper, that a member of the
Board of Regents should sit in judgment on his own cause,
and over his fellows from whom he has differed. I throw:
out the suggestion, however, with the hope that some Sen-
ator will submit the proper resolution.

Mr. Mason. Mr. President, I regret that the learned and
distinguished gentleman who has declined further service in
this public trust, should have accompanied his resignation
by a communication of the character which has been com-
mented on by the honorable Senator from Maryland. I
regret it because it is impossible that such a communication
should be allowed to pass in silence when addressed to the
Senate, where are found some of those who have been asso-
ciated in that trust with the writer of the letter. I regret it,
because it is unpleasant and ungrateful to speak of the opin-
lions or conduct of those who are absent; but I feel at liberty
to do so on the present occasion, because the gentleman

35

546 CONGRESSIONAL PROCEEDINGS.

who has written this letter has chosen to challenge opinion
here.

Now, sir, what has been done? <A regent of the Smith-
sonian Institution, who has been connected with it, I be-
lieve, from the foundation of the institution, occasionally as
a member of this body, chosen a regent by the vote of the
Senate, and occasionally as a citizen at large, clothed with
the high honor (for it is a very high honor) of an adminis-
trator of this trust, has declined further service; and has
assigned, as one of the reasons, and as this paper alleges
the dominant reason for declining it, that he does not agree
with his associates in their mode of administration. I do
not feel at liberty to say that such a course of conduct would
not be expected of one so honored, because the gentleman
who wrote the letter is absent; but I should say that, ac-
cording to my ideas of what is due to the trust, if he be-
lieved there was mal-administration, it was the very last
occasion when he should have resigned; he should have
remained there in order that the inquiry which he has pro-
voked might be conducted in his presence, and, to some
extent, under his guidance.

But, sir, he has resigned the trust, and, in doing so, he
has shot a Parthian arrow at those who were associated
with him. What is the character of his letter? None can
read without being struck with its tone, which was so justly
animadverted upon by my co-regent, the honorable Senator
who has just addressed you. I have been accustomed, Mr.
President, to find, in that profession to which I belong, and
of which I am a very humble member, that, whether at the
bar or on the bench, the surest, the soundest, and the ablest
intellect, gives its judgment with diffidence, courtesy, and
respect for the opinions of others. I have generally found,
too, in my experience of the world, that the soundest judg-
ment is the judgment which is accompanied by such diffi-
dence. Now, what is the tone of this communication? The
confident tone of Sir Oracle—of one whose judgment can-
not be impugned, and should not be questioned. ‘JZ can-
not be wrong,” says the writer of this paper, in substance,
“let others vindicate their judgment if they can.” That is
what he says, and he has assigned, as the startling reason
for resigning this trust, that he differed from his associates
in the construction of an act of Congress; there is no im-
propriety even hinted in the conduct of his associate regents ;
but he rests it exclusively on the ground that they have
misinterpreted the law which created the trust, and there

THIRTY-THIRD CONGRESS, 1853-55. O47

is no appeal from the decision of the learned gentleman
who pronounces the judgment. That is infallible.

Sir, [ have known instanees—others, more experienced
than [ am, have known of more—where the judgment is
found darkened in the flashes of a brilliant mind; a mere
rhetorician should never aspire to the judgment seat. I
would appeal to the experience of the world to say, whether
there is not an infirmity attendant upon such minds, which
never admit that they may be wrong. The calm, sedate,
deliberate, slow, and cautious mind, brings you to a cor-
rect conclusion; and when attained, submits it with defer-
ence and respect to those who are to pass upon it. Confi-
dence, that confidence which precludes doubt, does not be-
long to those who are capable of pronouncing judgment.

Mr. President, I shall not go over the ground so lucidly
oceupied by the very able gentleman who preceded me,
with whom I have been associated in this trust. It is a
pure, a high, and honorable trust, one conceived by a noble
mind—the late James Smithson. He pursued science as the
great mistress of his affections; he pursued it to his grave;
and he left behind him this legacy. To whom? He had
the world to choose from. He was an Englishman. He
had never been upon this continent. He possessed a large
fortune. The high benevolence of his nature determined
him, when he left the world, to devote that fortune, in the
hands of others, to the pursuit of science, when the world
closed upon him. As [ have said, he had the world to
choose from, and he signalized this country and its institu-
tions by his choice. He left his fortune to the Unrrep
STATES, in trust for the establishment of an institution at
Washington, “for the increase and diffusion of knowl-
edge.”” Where? In Washington? In the United States?
Upon this continent, broad as itis? No; ‘AMONGST MEN”
is the language of the trust.

If I am capable of reading the signs of the times, there
are those, of whom we have plenty, Heaven knows, around
us everywhere, who look upon a public fund, no matter to
what object it has been devoted, or how small the trust, as
a thing to be scrambled for, and appropriated by the first
needy or lucky adventurer. For the last twelve months the
newspapers have been full of intimations, coming, generally,
from the northern and eastern sections of the country, throw-
ing suspicion and doubt upon the management of this trust,
intimating that it has been perverted from its original pur-
pose; in substance, that it was in improper hands, and
should be taken from them; invoking, in some insidious

548 CONGRESSIONAL PROCEEDINGS.

manner, the action of Congress upon the subject; and all
for what? To get hold of the fund. What use was to be
made of it after it was thus obtained, those best know who
join in the pursuit. Let me be understood. I ascribe no

such motive to the very learned and distinguished writer of

the letter before us. I have the honor only of a very formal
acquaintance with him; but I know his history and his char-
acter, and that assures me he can never lend himself to any
unworthy purpose; but yet I have strong reason to believe
that, if the objects which he seems to have in view, could
be obtained, this pure and simple trust, which has been ac-
cepted by the American people, would be debased into a
mere pecuniary job.

Sir, the letter of Mr. Choate, unfortunately, brings back
into the Halls of Congress the great controversy which at-
tended this fund when it was first brought into the country.
There was a great struggle for it among the men of science,
in the mechanic arts, and in other of the useful and honor-
able pursuits of life. The parliamentary history to which
the writer has referred in the letter shows it. There were
those who believed that this fund should be devoted exclu-
sively to a library, to a great collection of books—books in
every department. of science, of art, and belles lettres. The
writer of this letter shows that he was one of those who de-
sired so to devote it; to a library—a library, to the exclu-
sion of everything else—a collection of books. Iam free to
believe, and declare, that I entertain no doubt this learned
and distinguished gentleman believed that the best mode of
increasing knowledge, as well as diffusing it amongst men,
was to establish a library. But suppose it were done.

There is an annual revenue derived from the Smithsonian -

fund of some $30,000 or $40,000. So much is to be devoted,
in perpetua, | suppose, to the purchase of books, which are
to be stored here on shelves, in the city of Washington ;
and who is to read them? Why, sir, the members of Con-
gress have little time to read the books which accumulate
here in the public library. The citizens of Washington
form avery small portion of the people of these United
States; and thus this great trust, which was intended for
MANKIND, would be‘limited to the walls of Washington.
There is another great objection to it. Books are derived
from booksellers. Booksellers are connected with book-
makers, and bookmakers and booksellers, with that hungry
legion, who all live, and of whom some grow rich, on the
spoils of genius and industry.’ Then there are the paper-
makers, and the book printers, and publishers, and the

Ss

THIRTY-THIRD CONGRESS, 1853-55. 549

stereotypists, all, all, would be hovering around this fund,
to say nothing of factorage, commission, foreign travel to
pick up rare works, and the ten thousand jobs that follow
in such a train, where money is to be spent by law in large,
annual, stated sums to buy books; and at last what would
you have done? Why, you would have taken this great,
noble beneficent donation to mankind, and converted it into
a fruitful job for every race of needy and artful adventurers.

Sir, if a library is to be established at Washington for
public use, vote the money from the Treasury. Smithson
did not intrust this fund to you for such a purpose, or he
would have said so in his will; and he has not said it.

I have said that it is unfortunate that this matter should
again be brought before the Senate. The battle was fought
here for years. That parliamentary history to which the
writer of the letter has had reference shows it. He claims
that, under the true interpretation of the act of Congress,
the library scheme prevailed. A majority of those who
have been associated with him in the Board of Regents
have decided otherwise. They understand the law to mean
that discretion is vested in the Board of Regents to build up
a library in this great institution, in such manner, and at
such time, as they shall find most conducive to the great
objects of the trust. That is all. Sir, this battle should
not be fought over again. I trust we shall not present to
the European world, whence this fund is derived, the spec-
tacle that, at this early day, when the streams of light and
knowledge which, I hope, are to flow from this institution,
have hardly yet made their appearance, that we are scram-
bling indecently over the cradle of the trust.

I have said, Mr. President, that this is a pure trust.
There is, fortunately, no emolument of any kind attendant
upon its administration. I have been, for some years, hon-
ored by the Senate of the United States as one of the man-
agers of that trust. I conceive it to be a very high honor.
It is because of the duty which I owe to the trust thus com-
mitted to me that [ detain the Senate for a few moments.

I perceive that the subject has been taken up in the other
House, at the instance of one of the regents, [Mr. Meacham, ]
an honorable member there, who, as the journals have been
published, it is now fair to say, voted with the writer of
this letter. On his motion, a committee has been raised,
which is, perhaps, proper enough; but I must say, with
very great respect for that body, that the committee has
been vested with very extraordinary power for such an
inquiry—the power “to send for persons and papers.”

550 CONGRESSIONAL PROCEEDINGS.

This would seem to convey an imputation that the body of
gentlemen who are charged with the administration may
require a police officer or a messenger from this Capitol to
get from them papers or other evidence. I regret it, sir;
but straws show how the wind blows, and this strange and
exigent demand of power for the committee has its own
meaning, which time may disclose.

I am indisposed, sir, to commit myself, as to any present
disposition of this paper, and I submit, therefore, to the
Honorable Senator from Maryland that, for the present, it
would be better to allow it to he on the table until it can
be considered by the Senate what disposition should be
made of it.

Mr. Pearce. I beg leave to say, in regard to the sug-
gestion of the honorable Senator from Virginia, that I
remain of opinion that this paper should be referred to a
select committee of this body. I do not think that the
fact that it is the subject of investigation by a committee
of the House of Representatives, should operate to pre-
vent us from committing it to a committee of our own
body. I have no doubt that House took such action as
seemed to them to be proper; but I submit, with due re-
spect to the Ilouse of Representatives, that, no matter what
may be the action of that House, it is for the Senate to act
independently. However, I make no motion for reference
to a select committee, because I am a member of the Board
of Regents, and I do not wish to sit in judgment on my
own cause, or over my fellow regents.

Mr. Dovenas. I regret, Mr. President, that there should
have been a necessity, in the estimation of any gentleman,
to bring the affairs and management of the Smithsonian
Institution before Congress for its action. As has been
stated by the honorable Senator from Maryland, in terms
kind and respectful, I am one of those who had the misfor-
tune to differ from a majority on the decision of the various
questions referred to in this paper. I do not read the letter
of Mr. Choate in the same sense with my colleagues who
represent the Senate in that institution, [ Messrs. Pearce and
Mason,] in regard to its spirit. I am unable to perceive
that there is anything disrespectful or unkind, either in the
terms of the letter, or in the mode in which he has expressed
his ideas. I have listened to that gentleman, in the discus-
sion before the Board of Regents, with admiration for his
ability and his eloquence, and with equal admiration for
that high courtesy which characterized everything that he
said and did. Although there is a firmness and a direct

THIRTY-THIRD CONGRESS, 1853-55. dot

ness in which he has expressed his opinions in the letter of
resignation, | am unable to perceive that there is either an
arrogance or anything else which ought to be considered
disrespectful. After expressing his opinions, and stating
the construction of a majority of the board he says:

“In this interpretation I cannot acquiesce; and with entire respect for
the majority of the board, and with much kindness and regard to all its
members, I arn sure that my duty requires a respectful tender of my resig-
nation.’

In other places, in expressing his opinion, he says, “‘ the
law, it seems to me, is so and so.” I think there is a re-
spect and kindness running through the whole letter which
should characterize one gentleman of high attainments and
bearing towards another who is his equal, accompanied,
however, with the firm conviction, on his part, that the law
has not been interpreted in that sense in which it should
have been according to its terms.

I confess, sir, that I concur fully in that firm conviction
of his, and I do not hesitate to express it boldly and plainly;
and yet I am incapable of entering an unkind feeling, or
giving expression to an unkind inuendo, or of entertaining
for a moment a doubt but that each and every regent has
acted conscientiously according to his sense of duty. It is
a case where there is a diversity of opinion; where each
gentleman intrusted with the exercise of discretion, where
discretion was necessary, and interpretation where interpre-
tation was necessary, has performed his duty conscientiously
as he read it in the law. Still, I must say that my inter-
pretation of that law is different from that of the honorable
Senator from Virginia, and the honorable Senator from
Maryland, and of a majority of the regents. It is also true
that the gentleman whose great name and many public ser-
vices, and private and public virtues, have been so well
portrayed by the Senator from Maryland, concurred with
the majority, and to that extent the weight of authority is
cast in the scale against the side which I embraced. I do
not wish to detract one iota from the high eulogium which
the Senator has pronounced on those gentlemen. With all
respect for them, and for their opinions, I must take the law
itself as my rule of guidance while performing a trust im-
posed on me.

It may be that my mind is somewhat biased by the pro-
ceedings, discussion, and action in the House of Represent-
atives when this institution was established. I, at that time,
participated, to some extent, although in a small degree, in
the proceedings which took place in regard to the creation

552 CONGRESSIONAL PROCEEDINGS.

of the institution. I at no time allowed my feelings to be-
come enlisted, much less excited, on the subject. But when
all the various plans were presented there for the organiza-
tion of the institution, and especially the library plan, as a
principal feature, not an exclusive one, in antagonism to a
plan that the library should be a subordinate feature, or that
there should be no library at all, it is my firm conviction
that Congress, by its action, did sanction the policy of a
library as a principal, but not an exclusive, feature in the
institution. In other words, the plan proposed by Mr.
Marsh, of Vermont, in opposition to that of Mr. Hough, of
New York, did prevail, and the main features of Mr. Marsh’s
plan tended to the establishment of a library. The library
plan, as it was called, having prevailed, there was a limita-
tion on the amount of funds to be devoted to that plan, in-
serted in the law, which was, that out of the $30,000 of in-
come of the institution, not exceeding $25,000 should be
appropriated to the library.

I do not hold that the regents are compelled to appropriate
to a library the sum of $25,000 each year, but I do hold
that the law in its terms, when carefully examined, contem-
plates the library as a prominent object in the institution, and
that at least a majority of the funds should be expended in
the building up of the library. Thatis my interpretation. I
am aware that when the institution was first organized, these
same diversities of opinion arose, and a compromise was
effected, by which it was agreed that the funds should be
equally divided. When I came into the institution, a few
months ago, as one of its regents, I was willing to abide by
that compromise. I could not have agreed to it originally,
because I think the fair interpretation of the law contem-
plated that the larger portion of the fund should be applied
to the establishment of a library; but, as they made an
equal division, I was willing to acquiesce in it, in order to
avoid the appeal which is now made to Congress and to the
country, and thus perhaps. endanger, to some extent, the
reputation of the institution.

I expressed these opinions to my brother regents freely ;
but, I trust, with proper respect. I differed from their
opinion. Such was, such is, my conviction. I did not
deem it my duty to resign because I was overruled. I
was willing to acquiesce in the decision, because I had not
the power, according to the law, to override it ; and because
every other regent had the same right which I had to ex-
press and entertain his opinion. Yet, sir, when the ques-
tion arises, no matter how often it may arise, whether that

THIRTY-THIRD CONGRESS, 1853-55. 553

interpretation of the law, which has been given by the
board, be a correct one, until I change my opinion, or until
Congress shall modify the law, I must adhere to my original
convictions.

I regret, sir, that there should be the slightest feeling dis-
played in this discussion. Really,a charitable fund for such
high and noble purposes, ought to be administered in a spirit
of kindness and charity. I cannot accede, therefore, to any
intimation that those who act with me, or those who do not
concur in the interpretation which has been given to the
law, are actuated by any but the highest and purest mo-
tives.

Mr. Mason. Does the Senator understand that anything
fell from me to question the motives of the gentlemen who
differed from us in that matter? .

Mr. Doveras. I do understand that the Senator from
Virginia supposed it to be prompted by improper motives
to get possession of the fund, on the part of some persons.

Mr. Mason. I thought I was understood. I said that,
unless I misconstrued the signs of the times, this great and
eager anxiety out of doors, manifested by popular and in-
flammatory addresses through the public press, showed that
there was an earnest design outside to get hold of the fund.
I never expressed, for I certainly never entertained, a doubt
that honorable gentlemen who differed with me in our
judgment as to the construction of the statute, were actu-
ated by as stern asense of duty as [ was. I have always so
expressed it.

Mr. Dovetas. Mr. President. Then I understand the
Senator as not impugning the action or motives of any of
the regents with whom he has been associated ; but I must
say that I have not seen anything to leave an impression on
my mind that whatever action was prompted out of doors,
meant to get possession of this fund, or to squander it, or
to apply it to any improper purposes. On the contrary, I
believe it arises from that same feeling which has been
evinced in the differences of opinion which have existed
from the time the institution was first proposed to be organ-
ized up to this day, as to what was the true application of
the fund. Those who supposed that their opinions had _ re-
ceived the sanction of Congress in the organic law of the
institution, now think that that object has been defeated by
a wrong construction given to that organic law. It is a firm:
conviction, as I believe, on their part, that the law has not
been carried out according to its terms. It certainly has
not been according to their understanding of its terms. I

554 CONGRESSIONAL PROCEEDINGS.

believe that there is no portion of our community, certainly
there are no persons entitled to notice, who would wish to
pervert this fund to any other object than that to which it
was dedicated by Smithson’s will. I believe the persons to
whom the Senator referred are stimulated by the purest
motives to carry out that object, under the conviction that
the mode in which the trust is now being administered is
neither in accordance with the will nor of the law. Itis a
difference of opinion—a difference of opinion sincerely en-
tertained—and one which we should, therefore, meet with
the spirit of firmness, of candor, and of kindness.

I regret that the discussion has arisen, rendering it neces-
sary to go into an argument to show which is right, and
which wrong, in the construction of the act. In fact, sir,
I believe I will not allow myself to be drawn into an argu-
ment on that question. If this matter is to be referred to
a committee, certainly any discussion of that question would
be more appropriate after a report of the committee. I
shall, therefore, content myself with saying that my firm
conviction is, that the only difference which has arisen in
the management of the institution is a difference on two
points; first, as to what direction this fund ought to take ;
secondly, the belief that a direction has been given to it,
which is not authorized by the law creating the institution.
J am under the impression that some regents have voted in
the minority on this question, not because they believe the
original plan adopted by Congress was the best, but because
they felt themselves compelled, under the Jaw as it stood, to
vote as they did.

Mr. Bapeer. Mr. President, I do not exactly agree in
the suggestion thrown out by my friend from Maryland,
that it is necessary that the letter which is before the
Senate, should become the subject of investigation by a
committee of this body; but I shall, notwithstanding, read-
ily yield my own notions upon that subject to the wish he
has expressed. Allow me, however, to present very briefly
the views which have struck me on this occasion.

The very eminent and distinguished gentleman who has
sent in this letter of resignation, has assigned two reasons
why he retires from assisting in the management of this
trust fund. One 1s, that he cannot give the time necessary
to attend the meetings of the Board of Regents. As has
.been said by my friend from Maryland, this is a full, ample,
and perfect reason, not only why he is excusable for retiring,
but why it is his bounden duty to retire; for, while he holds
a place there the public has a right to expect him to give

THIRTY-THIRD CONGRESS, 1853-55. 555

the necessary time to discharge its dutics. So soon as he
ascertains that he cannot, consistently with his other engage-
ments, give that time, he is bound to retire and to give way
to some other gentleman who may have both the inclination
and the power to render the service which the country ex-
pects from a member of that board.

I wish, very sincerely, Mr. President, that the letter of
resignation had there closed, because I, for one, am unable
to give any appropriate character to the residue of the let-
ter. It must be viewed in one of three aspects; either as
an appeal to Congress from the judicial decision which has
been pronounced by the Board of Regents upon the inter-
pretation of that act; or as an appeal to Congress against
the malversation of a certain class of public oflicers, to the
extent that their misconduct may be exposed and that some
steps may be taken, either for their punishment or removal;
or else as an intimation that the distinguished gentleman
who writes this letter thinks that there should be some
amendment of the law by the intervention of the legislative
power of the two Houses of Congress.

In regard to the first view, I cannot myself understand
how this body, or the other Ilouse of Congress, is to exercise
a judicial supervision upon the question of the interpretation
of this law. It is our business to make laws; it is the busi-
ness of other officers and classes of persons to expound and
execute those laws. In a strict judicial sense, we cannot
exercise any jurisdiction or supervision over the judgment
which may be so pronounced; and, therefore, considering
the letter in that respect, it seems to me totally inappropriate
to any functions which either this or the other Louse of Con-
gress can legitimately exercise.

If it be considered as a letter intended to communicate to
the two Houses of Congress malversation in the conduct of
these public oflicers, however proper that application may
be tothe other House, it is plainly out of place here. The
other House, from what we learn of their published proceed-
ings, seems to have taken the subject up in that idea—that
this is an imputation by the writer of the letter that a gross
abuse has been practised by the majority of the Board of
Regents in the administration of this fund; and they have
accordingly raised a committee, referred the letter to the
committee, and vested them with the power of sending for
persons and papers—a power appropriate to the investiga-
tion, if the object be what I have just said, but utterly in-
appropriate and absurd supposing it to be a mere question
of legislative inquiry with a view to found legislative action

556 CONGRESSIONAL PROCEEDINGS,

thereupon. If itis a question of the interpretation of a law,
do you want to send for persons and papers to enable you
to interpret a law? What papers will you send for to enable
the committee of the House of Representatives to ascertain
what is the meaning of this law? Do you want the statute?
Surely the committee can get that without having power to
send tor papers. Do you want the proceedings which took
place at the time when this law was enacted, the parlia-
mentary history of it? Surely that can be obtained without
a power in the committee to send for papers or for persons.
Bat if’ you suppose the investigation is pursued for the pur-
pose of ferreting out a delinquency, an abuse, a malversa-
tion, then that part of the resolution becomes all appropriate,
and the object is to drag up witnesses and compel them to
testify to the conduct of the perpetrators ‘in this stupendous
fraud, not only on the law of the country, but. on the noble
charity which they are appointed to administer. If that be
the aspect in which this subject is taken up, we have nothing
to do with it; we should not commit ourselves in advance
upon it; for, suppose the proceedings of the House of Repre-
sentatives should result in preferring articles of impeach-
ment, for example, against the Chiet Justice, it would be
very indelicate and improper for us in advance to form and
deliver a solemn opinion upon the question whether there
was just cause for the impeachment.

Then there is only one other respect in which this residue
of the paper can be supposed, as it seems to me, to be in-
tended to have any influence upon Congress; and that is,

that the honorable and distinguished gentleman who writes’

this letter, knowing that we have no judicial power over the
interpretation of the law, and therefore cannot, by any judg-
ment of ours, ascertain that what has been heretofore done
in its interpretation has been done wrongfully, in a judicial
sense, and knowing that it is not a proper subject for an in-
vestigation, with a view to a criminal prosecution by im-
peachment, sends it to the two Houses of Congress as a
recommendation that they shall institute an inquiry, with a
view to an amendment of the law. In this latter view, it
strikes me as exceedingly inappropriate for auy gentleman,
not a member of these bodies, or one of them, and not coming
here in the character of a petitioner asserting a claim against
the Government, to undertake to advise us of the propriety
of further legislation.

I say, therefore, Mr. President, that I regret very much
that this truly distinguished gentleman, of whom the Ameri-
can people have reason to be proud as one of their sons,

THIRTY-THIRD CONGRESS, 1853-55. 557

gifted as he is, and distinguished as he has been in his past
course, did not content himself with resigning his position
for the very ample and sufficient reason which he first gives,
that he is unable to discharge the duties required of him.
I regret it also, because, if I collected the scope of that letter
accurately from its reading—for I had not seen it before—it
seems in any view to present this state of the ease—the writer
meets with his brother regents; a certain question arises,
what shall be done in the management of the institution?
That inquiry involves a question as to the just interpretation
of the law; the best and the legal means of carrying out
the great purpose of the donor. That matter is the subject |
of discussion and debate among them. The majority of the
regents decide against him, and immediately he retires from
the institution, and interposes an appeal to Congress against
the majority of the body, of which he is a member.

Again, sir, it seems to imply this: Distinguished and ele-
vated as that gentleman is, and high and important as are
the services which he has rendered to his country, and which
he is now able to render in this or any other station to which
the voice of his countrymen or the public authorities may
eall him, I think the whole tone of that part of the letter
slightly exaggerates the importance to the public of the event
which it communicates, namely, his retiring from the Board
of Regents.

Besides, considering also—for I think my friend from
Illinois did not succeed exactly in vindicating that part of
the letter—the suggestion which my friend from Maryland
made, that there is a tone of confidence, of unmistakable
and unmistaken certainty, with which the distinguished
writer announces his opinions upon the interpretation of
this law, which I think my friend from Illinois will pardon
me for saying at least borders a little, very little, upon the
confines of arrogance, for I beg my friend to consider against
what an array of judgments the opinion of that distinguished
writer is given.

Mr. Dovetas. Consider the names on the other side.

Mr. Bapcrer. The names on the other side have not been
yet given; but I am very certain that my friend before me,
[Mr. Douglas,] whose name is one of them—and it isa name
of weight ‘and authority in this country, and elsewhere, where
it is known—is one of the last persons who would announce
his opinion, without the expression of some deferential con-
ception that, after all, perhaps he might be mistaken. Now,
I must say, I think it is due to truth and the occasion, to
say—and I believe the whole Senate will agree with me—

558 CONGRESSIONAL PROCEEDINGS.

that, whether the distinguished writer be correct or not in
his opinions, that part of the letter is in very bad taste.

Believing, Mr. President, that there is nothing for us to
do but accept the resignation of this gentleman, and to ac-
cept it with regret because of his eminent talents and high
position and undoubted patriotism, and therefore his capacity
and willingness to be useful. I should think that the subject
might be allowed to drop; but, nevertheless, I yield to the
suggestion of my friend from Maryland. He has intimated
that he desires that this should be the subject of investiga-
tion, and I am willing to move that it shall go to a com-
mittee; but [ am not prepared to say that it is proper, on
this occasion, to select a special committee. This is a ques-
tion of judicial interpretation—of legislation to be founded
upon a judicial interpretation—if the committee in the Senate
shall be of opinion that the regents have mistaken the true
construction of this law. We have a committee, a stand-
ing committee of this body, composed of eminent lawyers,
abundantly able to re-examine this subject, so far as it needs
re-examination, and so far as this House has any jurisdiction
over it. I am not, therefore, for passing over that committee
upon a judicial question to raise any select committee. It
is a question of law—the interpretation of a statute. If we
are not satisfied with the judgment given in the Board of
Regents; if such a board of men, aided in their opinions
by the illustrious Taney, do not convey to us a conviction
that a statute has been rightly interpreted, let it go to that
committee of this body. It is a proper organ to examine,
and investigate, and report upon strictly legal inquiries. I
therefore move the reference of this paper to the Committee
on the Judiciary.

Mr. Sewarp. Mr. President, I should not speak at all on
this question, if it were not that I think the Senate has a
duty to discharge to itself and to its dignity. I need not
say that I entertain as profound a respect and admiration
for the distinguished gentleman who sent this communica-
tion here as any other person in the House, or in the country.
i take the occasion thus early to say that I have formed no
opinion upon the merits of the question which has been
raised by that communication. I deem it my duty, as far
as possible, to hold my mind free and open for the purpose
of forming an opinion hereafter.

Sir, I cannot consent, for one member of this body, to
send this communication to the Committee on the Judiciary,
or to a select committee, because, although I believe it to
have been intended with the best motives, and to have been

THIRTY-THIRD CONGRESS, 1853-55. 559

entirely unexceptionable in the view of the writer, yet I
think it is derogatory from the dignity of the Senate. What
is it, sir? Itis a resignation of an officer. Every citizen
of the United States has a right to hold an office if he can get
it, and certainly every citizen of the United States holding
an office has a right to resign it; and it is not necessary for
him, in order to be relieved from the burden of the office,
to assign any reason or excuse whatever. Whatever may
be said by way of apology or excuse, or reason, or justifica-
tion, does not alter the character of the act itself. It is an
absolute resignation. Itiscomplete. Itis final. The Senate
has nothing to do but to file it. It isdone. The Senate
cannot compel the individual to retain his office. They
cannot ask him to take it back again, however high he may
be. They can reappoint him, but they must receive his
resignation as a complete act.

According to my humble judgment, what this retiring
regent ought to have done, was to send a letter to the Presi-
dent of the Senate, saying, in so many words: “Sir, I resign
the office of Regent of the Smithsonian Institution.” It is
true that a regent, like every other public officer, has a right
to inform the public and to inform Congress, if he pleases
to do so, of the grounds why he declines a further continu-
ance in the discharge of a public trust; but that should be,
not by a letter explaining his reasons for his resignation,
but it should be done through the public press, or otherwise,
s0 as not to make the table of the Senate bear the burden
of all personal, and political, and other explanations of per-
sons retiring from public office.

It is manifest that the honorable and distinguished gentle-
man has not considered the legal nature and the official
character of the act he was performiug. I say, then, this
resignation was complete and absolute when the words “TI
resign this office” were written, but that is not the whole of
the communication. We are, besides, favored with an ex-
planation of the reasons why he resigns. This is either for
the information of the public, (and if so, it ought not to
have been made to the Senate of the United States,) or else
it is for the purpose of instructing the Senate in regard to the
question which is discussed in the paper. If that honorable
and distinguished gentleman wished to instruct the Senate
upon the merits of the question out of which his resignation
has arisen, he had the right to come before this body in a
respectful manner, by petition, by memorial, or by official
communication, as a regent of the institution; but he dis-
claims the privilege and the right of addressing us as a

560 CONGRESSIONAL PROCEEDINGS.

Regent of the Smithsonian Institution, because, in the very
act of representing his views to the Senate, he resigns that
office, and shows that he leaves the Senate and the country
to take care of the question as they best may.

I think, then, that what is due to this occasion is to. lay
this letter on the table. Then, I agree with the honorable
Senator from Maryland, and the honorable Senator from
Virginia, and others, that there is, in the occasion itself, in
the subject-matter which has come to the knowledge of the
Senate, that which may very properly require an inquiry.
I think that inquiry ought to be made by the Senate, out of
regard to the public interests, the, public welfare, and the
honor and dignity of the country, and not upon a commu-
nication which is of so unusual and extraordinary a character
as this.

Mr. Butter. Mr. President, I do not know that I concur
entirely in the conclusion of the honorable Senator from
New York, but I must say that I agree, in the main, with
the purport of his remarks. I hope that my friend from
North Carolina will, therefore, withdraw his motion to refer
this paper to the Committee on the Judiciary. What is the
paper? Is it the resignation of an office? If so, there it
should terminate. Is it an accusation against those with
whom this gentleman has been associated? If so, as my
friend from North Carolina has remarked, I cannot approve
its taste. Is it for the purpose of bringing this subject into
debate in the Senate? If so, I think its purpose mischiev-
ous. Is it for the purpose of making an issue in relation to
this fund, which is calculated to involve, perhaps, as has
been intimated, different views in different parts of the
country? If so, it is a purpose which is criminal.

In every point of view, whether I regard the taste of the
paper as an accusation of those with whom this gentleman
has been associated, or whether I regard it as designed to
bring this subject into popular discussion, I cannot approve
its tone. Iam bound to say that much; butifit be for the
purpose of bringing the subject before the Senate, it cannot
be so effectually done as it would be by making the report
of a committee the vehicle of his views. I hope, therefore,
my friend from North Carolina will withdraw his motion to
refer this paper to the Committee on the Judiciary.

Mr. Bapeer. Iam satistied, sir, after the remarks made
by the honorable Senator from New York, that my first in-
clination on this subject was correct, and that is, that we
have nothing to do but accept the resignation. I yielded,
however, because my friend from Maryland, who occupies

THIRTY-THIRD CONGRESS, 1853-55. 561

a peculiar and delicate relation to this subject, intimated his
desire for a committee to investigate it.

Mr. Pearce. Will my friend from North Carolina allow
me to interpose?

Mr. Bapger. Certainly.

Mr. Pearce. Iam anxious that the question should be
referred to a committee. Iam quite content that the paper
should be received and laid upon the table; but I do desire,
as the Senator from New York has said, that the subject-
matters which are referred to in the letter, should be sub-
mitted to a committee of this body for consideration. I
hope, therefore, that the proposition of the Senator from
New York will be adopted, and the paper laid on the table;
and that some gentleman will move a resolution directing a
committee (and I now prefer that it should be the Commit-
tee on the Judiciary) to inquire what, if any, action is proper
to be taken by the Senate in regard to the Smithsonian In-
stitution. That committee was organized at the beginning
of the session, without reference to this question. I am
willing and desire that the matter should take the regular
course, and be referred to that committee, whose appropri-
ate duty it is to construe the acts of Congress, which are
drawn into question.

Mr. Bapeer. I now withdraw my motion for reference,
and move that the paper lie on the table.

Mr. Wetter. I am exceedingly anxious to terminate the
debate, and proceed to the consideration of some practical
business. This question, however, ought to be decided.
Here are three regents of the Smithsonian Institution, who
have brought to the consideration of the Senate the impor-
tant fact that they differ as to the construction given toa
law of Congress, or as to the proper mode of using the fund
which they have been appointed to administer. Now, I
think it very important that Congress should determine that
question, because we have been notified, by the debate to-
day, that that difference of opinion does exist; and after this
paper shall have been disposed of, if no other Senator makes
the motion, I shall submit one to instruct the Committee on
the Judiciary to consider and report on this subject.

The Presipent. The question is on the motion of the
Senator from North Carolina, that the paper lie on the
table.

The motion was agreed to.

Mr. Cuayton subsequently said: Mr. President, as the
Senator from California ee Weller] did not follow up his

proposition, I desire to offer the following resolution:
36

562 CONGRESSIONAL PROCEEDINGS.

Resolved, That the Committee on the Judiciary inquire whether any,
and if any, what, action of the Senate is necessary and proper in regard to
the Smithsonian Institution.

I believe that this resolution is in accordance with the
general sentiment of the body. Ido not purpose to debate
it; but I will say now, that I hold it to be the duty of the
Senate of the United States to sustain the regents of this
institution, whenever the Senate thinks they are right.
When an imputation is cast on those gentlemen, it ought
not to be left to be a matter of conjecture or doubt in the
country, whether the Senate thinks they ought to be sus-
tained or not. For my own part, I do thoroughly concur
in the opinion which has been given by a majority of the
regency. I have been of their opinion since the institution
was first established.

I had the honor, as a member of a committee of this body,
some eighteen years ago, to report the bill, which was after-
wards enacted into a law, accepting the bequest of Smith-
son; and I well remember that, upon that occasion, there
was a diversity of sentiment in this body in regard to the
propriety of accepting the bequest, for it was said confi-
dently, by some gentlemen, that it would turn out that this
Government was incapable of administering the fund as the
testator intended. I was then of a different opinion, and I
am now. I have observed, with some interest, the progress
of this institution, and the course adopted by the regents,
from the origin of the institution, and their course has, on
all occasions, so far as I have been able to understand it, met
with my unqualified approbation.

The question which divided the regency was one which
arose in the very origin of the institution. There were
many gentlemen who thought the funds should be devoted
to the purpose of a library. I never thought so. I under-
take to say that was not the sentiment of the Senate which
accepted the bequest. An institution whose object is to in-
crease and diffuse knowledge among men, to be confined, or
the greater part of its action to be confined, to the mere
purchase of books—books to be placed here in this District,
where they could be visited by gentlemen of wealth from
abroad, to be sure, and where they could be searched and
examined by persons who are on the spot! That, however,
would be one of the most futile, and, in my humble judg-
ment, most ineffectual methods which could be devised, to
diffuse knowledge among men. The plan adopted by the
regency is one calculated to diffuse it among men in all parts
of the civilized world.

THIRTY-THIRD CONGRESS, 1853-55. 568

But, sir, I will not take up the time of the Senate in dis-
cussing this question. The Committee on the Judiciary are
fully capable of examining and deciding on judicial ques-
tions. I think they ought to make an inquiry, in order
that, if the regents are right j in the interpretation they have
given to the law, they should be sustained by the judgment
of the committee, and by the judgment of the Senate. I
move the adoption of the resolution which I have sub-
mitted.

The resolution was considered, by unanimous consent,

and agreed to.

Senate, Hebruary 6, 1855.

Mr. Anprew P. Burter, of South Carolina, from ue
Committee on the Judiciary, * to whom was referred the res-
olution of the Senate, directing said committee to inquire
whether any, and if any, what, action of the Senate is nec-

essary and proper in regard to the Smithsonian Institution,

made the following report, which was ordered to be printed :
It seems to be the object of the resolution to require the

committee to say whether, in its opinion, the Regents of

the Smithsonian Institution have given a fair and proper
construction, within the range of discretion allowed to
them, to the acts of Congress putting into operation the
trust which Mr. Smithson had devolved on the Federal
Government. As the trust has not been committed to a
legal corporation subject to judicial jurisdiction and con-
trol, it must be regarded as the creature of congressional
legislation. It is a naked and honorable trust, without any
profitable interest in the Government that has undertaken
to carry out the objects of the benevolent testator. The
obligations of good faith require that the bequest should
be maintained in the spirit in which it was made. The acts
of Congress on this subject were intended to effect this
end, and the question presented is this: Have the Regents
done their duty according to the requirements of the acts
of Congress on the subject ?

In order to determine whether any, and if any, what,
action of the Senate is necessary and proper in regard to
the Smithsonian Institution, it is necessary to examine
what provisions Congress have already made on the sub-
ject, and whether they have been faithfully carried into
execution.

The money with which this institution has been founded

* Measrs. Butler, Toucey, Bayard, Geyer, Pettit, and Toombs.

564 CONGRESSIONAL PROCEEDINGS.

was bequeathed to the United States by James Smithson, of
London, to found at Washington, under the name of the
‘Smithsonian Institution,” an establishment ‘for the in-
crease and diffusion of knowledge among men.” It is not
bequeathed to the United States to be used for their own
benefit and advantage only, but in trust to apply to “the
increase and diffusion of knowledge” among mankind
generally, so that other men and other nations might share
in its advantage as well as ourselves.

Congress accepted the trust, and by the act of August
10th, 1846, established an institution to carry into eftect the
intention of the testator. The language of the will left a
very wide discretion in the manner of executing the trust,
and different opinions might very naturally be entertained
on the subject. And it is very evident by the law above
referred to that Congress did not deem it advisable to pre-
scribe any definite and fixed plan, and deemed it more
proper to confide that duty to a Board of Regents, carefully
selected, indicating only in general terms the objects to
which their attention was to be directed in executing the
testator’s intention.

Thus, by the fifth section, the regents were required to
cause a building to be erected of sufficient size, and with
suitable rooms or halls, for the reception and arrangement,
upon a liberal scale, of objects of natural history, including
a geological and mineralogical cabinet; also a chemical
laboratory, a library, a gallery of art, and the necessary
lecture rooms. It is evident that Congress intended by
these provisions that the funds of the institution should be
applied to increase knowledge in all the branches of science
mentioned in this section—in objects of natural history, in
geology, in mineralogy, in chemistry, in the arts—and that
lectures were to be delivered upon such topics as the
regents might deem useful in the execution of the trust.
And publications by the institution were undoubtedly nec-
essary to diffuse generally the knowledge that might be
obtained; for any increase of knowledge that might thus
be acquired was not to be locked up in the institution or
preserved only for the use of the citizens of Washington,
or persons who might visit the institution. It was by the
express terms of the trust, which the United States was
pledged to execute, to be diffused among men. This could
be done in no other way than by publications at the expense
of the institution. Nor has Congress prescribed the sums
which shall be appropriated to these different objects. It is
left to the discretion and judgment of the regents.

THIRTY-THIRD CONGRESS, 1853-55. 565

The fifth section also requires a library to be formed, and
the eighth section provides that the regents shall make
from the interest an appropriation, not exceeding an aver-
age of twenty-five thousand dollars annually, for the
gradual formation of a library composed of valuable works
pertaining to all departments of human knowledge.

But this section cannot, by any fair construction of its
language, be deemed to imply that any appropriation to
that amount, or nearly so, was intended to be required. It
is not a direction to the regents to apply that sum, but a
prohibition to apply more; and it leaves it to the regents
to decide what amount within the sum limited can be
advantageously applied to the library, having a due regard
to the other objects enumerated in the law.

Indeed, the eighth section would seem to be intended to
prevent the absorption of the funds of the Institution in the
purchase of books. And there would seem to be sound
reason for giving it that construction; for such an applica-

- tion of the funds could hardly be regarded as a faithful

execution of the trust; for the collection of an immense
library at Washington would certainly not tend “ to increase
or diffuse knowledge” in any other country, not even
among the countrymen of the testator; very few even of
the citizens of the United States would receive any benefit
from it. And if the money was to be so appropriated, it
would have been far better to buy the books and place them
at once in the Congress Library. They would be more ac-
ceptable to the public there, and it would have saved the
expense of a costly building and the salaries of the officers ;
yet nobody would have listened to such a proposition, or
consented that the United States should take to itself and
for its own use the money which they accepted as a trust
for “the increase and diffusion of knowledge among men.”

This is the construction which the regents have given to
the acts of Congress, and, in the opinion of the committee,
it is the true one; and, acting under it, they have erected a
ecommodious building, given their attention to all the
branches of science mentioned in the law, to the full extent
of the means afforded by the fund of the institution, and
have been forming a library of choice and valuable books,
amounting already to more than fifteen thousand volumes.
The books are, for the most part, precisely of the character
calculated to carry out the intentions of the donor of the
fund and of the act of Congress. They are chiefly com-
posed of works published by or under the auspices of the
numerous institutions of Europe which are engaged in sci-

5660. CONGRESSIONAL PROCEEDINGS.

entific pursuits, giving an account of their respective
researches and of new discoveries whenever they are made.
These works are sent to the ‘‘ Smithsonian Institution,” in
return for the publications of this institution, which are
transmitted to the learned societies and establishments
abroad. The library thus formed, and the means by which
it is accomplished, are peculiarly calculated to attain the
objects for which the munificent legacy was given in trust
to the United States. The publication of the results of sci-
entific researches made by the institution is calculated to
stimulate American genius, and at the same time enable it
to bring before the public the fruits of its labors. And the
transmission of these publications to the learned socicties in
Europe, and receiving in return the fruits of similar re-
searches made by them, gives to each the benefit of the
‘““inerease of knowlege” which either may obtain, and at
the same time diffuses it throughout the civilized world.
The library thus formed will contain books suitable to the
present state of scientific knowledge, and will keep pace
with its advance; and it is certainly far superior to a vast
collection of expensive works, most of which may be found
in any public library, and many of which are mere objects
of curiosity or amusement, and seldom, if ever, opened by
any one engaged in the pursuits of science.

These operations appear to have been carried out by the
regents, under the immediate superintendence of Professor
Henry, with zeal, energy, and discretion, and with the
strictest regard to economy in the expenditure of the funds.
Nor does there seem to be any other mode which Congress
could prescribe or the regents adopt which would better
fulfill the high trust which the United States have under-
taken to perform. No fixed and immutable plan prescribed
by law or adopted by the regents would attain the objects
of the trust. It was evidently the intention of the donor
that it should be carried into execution by an institution or
establishment, as it is termed in his will. Congress has
ereated one, and given it ample powers, but directing its.
attention particularly to the objects enumerated in the law;
and it is the duty of that institution to avail itself of the
lights of experience, and to change its plan of operations
when they are convinced that a different one will better
accomplish the objects of the trust. The regents have
done so, and wisely, for the reasons above stated. The
committee see nothing, therefore, in their conduct which
calls for any new legislation or any change in the powers
now exercised by the regents.

THIRTY-THIRD CONGRESS, 1853-55. 567

For many of the views and statements in the foregoing
report, the committee are indebted to the full and luminous
reports of the Board of Regents. From the views enter-
tained by the committee, after an impartial examination of
the proceedings referred to, the committee have adopted
the language of the resolution, “that no action of the Sen-
ate is necessary and proper in regard to the Smithsonian
Institution ;” and this is the unanimous opinion of the committee.

Senate, March 1, 1855.

The PREsIDENT pro tempore laid before the Senate a letter
of the Secretary of the Smithsonian Institution, communi-
eating the ninth annual report of the Board of Regents of
that Institution; which was ordered to lie on the table and
be printed.

A motion by Mr. Bropyzap to print ten thousand addi-
tional copies of the report, was referred to the Committee
on Printing.

Senate, March 2, 1855.

Mr. Jounson, from the Committee on Printing, reported
the following:

Ordered, That ten thousand additional copies of the ninth annual report
of the Board of Regents of the Smithsonian Institution be printed.

Mr. Pearce. I move to amend that order by adding
“twenty-five hundred of which shall be for the use of the
Secretary of the said Institution.”

Mr. Jounson. Iam willing to accept that.

The amendment was agreed to; and the order, as amend-
ed, was adopted.

PROCEEDINGS IN THE HOUSE OF REPRESENTATIVES.

Housr oF REPRESENTATIVES, December 5, 1854.

Mr. Cuanpuer offered the following resolution :

Resolved, That the special committee to whom, at the last session of Con-
gress, was referred the subject of the investment of the funds of the Smith-
sonian Institution, be continued with its powers and duties.

The Spraxer. With the permission of the House, the
Chair would remark that all the select committees appointed
at the last session expired, as a matter of course, with the
last session. If not objected to, a general order will be en-
tered to continue those committees which did not report in
full at the last session.

Mr. Rowe. I object.

568 CONGRESSIONAL PROCEEDINGS.

The Speaker. The question will then be upon the reso-
lution offered by the gentleman from Pennsylvania.
The question was taken; and the resolution was agreed to.

Houser oF REPRESENTATIVES, December 11, 1854.

A message was received from the Senate announcing that
that body had passed a joint resolution (No. 28) for the ap-
pointment of two regents of the Smithsonian Institution.

Houser oF REPRESENTATIVES, December 22, 1854.

Mr. Meacuam. I wish to state that there is a bill upon
the Speaker’s table providing for the reappointment of re-
gents of the Smithsonian Institution. I will state that it is
necessary to transact some business which cannot be done
without the reappointment of these regents. I ask that the
bill may be taken up and passed. It will take but a minute,
and I hope there will be no objection.

Mr. Coss. I object.

After the intervention of some other business—

Mr. Meacuam. I now ask the House to take up the bill
for the reappointment of the regents of the Smithsonian
Institution, and pass it. It will occupy but a moment.

Mr. Fiorence. Oh, no; there is no quorum here.

Hovusr oF REPRESENTATIVES, December 26, 1854.

Mr. Eneutsu. I ask the unanimous consent of the House
to take from the Speaker’s table a Senate joint resolution
proposing to appoint Rufus Choate of Massachusetts, and
Gideon Hawley of New York, regents for the Smithsonian
Institution; and if the House will allow me, I propose to
ask that the resolution may be put upon its passage.

I will state, as a reason why the resolution should be put
upon its passage at an early day, that there is to be a regular
meeting of the regents of that institution the next week, and
it is desirable that there should be a full board upon that
oceasion. These gentlemen have been regents heretofore,
and I presume there will be no objection to their reappoint-
ment. I ask that the resolution may be taken up, and put
upon its passage.

The resolution was read, as follows:

Resolved, §c., That the vacancies in the Board of Regents of the Smith-
sonian Institution of the class otherwise than members of Coagress, be
filled by the reappointment of the late incumbents, viz: Rufus Choate of
Massachusetts, and Gideon Hawley of New York.

Mr. Haven. I presume there is no objection to the pas-
sage of the resolution.

SE SS SSR OS Oe be OE eee a

= s-

THIRTY-THIRD CONGRESS, 1853-55. 569

The resolution was then ordered to a third reading; and
was accordingly read the third time, and passed.

House or REPRESENTATIVES, January 17, 1855.

The Speaker laid before the House a communication
received from Hon. Rufus Choate, resigning his office as
regent of the Smithsonian Institution.

The letter was read. (See Senate Proceedings, January
17, 1855.)

Mr. Mracuam. ITask the unanimous consent of the House
to introduce a resolution of inquiry, founded upon that let-
ter; and upon the resolution I demand the previous ques-
tion.

The resolution was reported, as follows:

Resolved, That the letter of Hon. Rufus Choate, resigning his place as
regent of the Smithsonian Institution, be referred to a select committee of
five, and printed; and that said committee be directed to inquire, and re-
port to the House, whether the Smithsonian Institution has been managed,
and its funds expended, in accordance with the law establishing the
institution ; and whether any additional legislation be necessary to carry
out the designs of its founders ; and that said committee kave power to send
for persons and papers.

Mr. Eneuisu. IfI have a right to object to the reception
of the resolution just proposed by the gentleman from Ver-
mont, [Mr. Meacham,] I do so; and I move that the com-
munication submitted by Mr. Choate be laid on the table,
and ordered to be printed.

The Speaker. The resolution of the gentleman from
Vermont, to refer to a select committee the letter which
has just been read, is in order, in the opinion of the Chair.
Upon the adoption of the resolution, the gentleman from
Vermont demands the previous question. It isin order to
make a motion to lay the matter on the table.

Mr. Enewisu. Then I make that motion.

Mr. Meacnam. Will that motion carry the resolution
with it?

The Speaker. It will.

Mr. Meacuam. Am [ not still entitled to the floor ?

The Speaker. The gentleman from Vermont cannot re-
tain the floor after moving the previous question. It is in
order for the gentleman from Indiana to make the motion
he does, as it 1s a privileged question.

Mr. Mracuam. The resolution I offer is simply one of
inquiry, made in respectful terms, and it appears to me that-
there can be no objection to it. If the motion of the gen-
tleman from Indiana is pressed, I shall demand the yeas and
nays.

570 CONGRESSIONAL PROCEEDINGS.

Mr. Bayty, of Virginia, JI ask my friend from Indiana
to withdraw the motion to lay upon the table. The resolu-
tion ought to go to the Judiciary Committee, and the clause
providing for sending for persons and papers ought to be
stricken out. ©

The yeas and nays were ordered.

Mr. CHANDLER. I would ask whether the motion to lay
upon the table includes the motion to print ?

The Speaker. It does include that motion.

Mr. Cirneman. The motion to lay upon the table and
print would be a debatable motion.

The Speaker. It would scarcely be debatable pending
the demand for the previous question.

Mr. Crineman. ‘The demand for the previous question
has not been seconded.

The Speaker. It could not be until there was a test
vote.

Mr. Crrneman. If the gentleman from Indiana couples
the motion to lay upon the table with the motion to print,
I should think it would be debatable.

The Speaker. It cannot be a debatable motion, for the
reason that the previous question is demanded upon the
adoption of the resolution. The demand for the previous
question must be first disposed of before discussion can be
had.

Mr. Jonrs, of Tennessee. I would remark that no per-
son has called for a division of the question to lay upon the
table and print.

Mr. Enauisn. If I have the right to do so, I propose to
modify my motion so as to lay the communication and
resolution upon the table, and withdraw the motion to

rint.
: The Speaker. The gentleman has a right to modify his
motion and withdraw the motion to print.

Mr. Eneautsu. I then so modify my motion.

The Speaker. The yeas and nays have not been ordered
upon the modification proposition.

Mr. Bayty, of Virginia. The proposition being modi-
fied, how does the previous question apply ?

The Speaker. The demand for the previous question
will come up, should the House refuse to lay the resolution
upon the table; and it cuts off debate until the House de-
termine whether or not it will sustain the demand.

Mr. Mracuam. I ask for the yeas and nays upon the
modified motion.

The yeas and nays were ordered.

| THIRTY-THIRD CONGRESS, 1853-55. 571

The question was then taken, and there were—yeas 81,
_ nays 84; as follows:

YEAS—Messrs. Aiken, James C. Allen, Willis Allen, Thomas H. Bayly,
Barksdale, Bell, Boyce, Breckinridge, Bridges, Caruthers, Caskie, Chand-
ler, Chastain, Chrisman, Cobb, Colquitt, Craige, John G@. Davis, Dawson,
Disney, Drum, Dunbar, Eddy, Edgerton, Edmundson, John M. Elliott,
English, Everhart, Faulkner, Franklin, Goode, Green, Greenwood, Hamil-
ton, Sampson W. Harris, Hendricks, Hillyer, Houston, George W. Jones,
J. Glancy Jones, Roland Jones, Keitt, Kerr, Kurtz, Lamb, Latham,
Macdonald, Matteson, Maxwell, Millson, Morgan, Nichols, Orr, Packer,
Pennington, Bishop Perkins, John Perkins, Phelps, Pringle, Reese, Thomas
Ritchey, Robbins, Rogers, Ruffin, Shannon, Shaw, Shower, Skelton, George
W. Smyth, Sollers, Frederick P. Stanton, Andrew Stuart, John J. Taylor,
John L. Taylor, Nathaniel G. Taylor, Teller, Trout, Vansant, Walbridge,
Walker, and Warren—81.

NAYS—Messrs. Appleton, David J. Bailey, Ball, Bennett, Benson,
Bliss, Campbell, Carpenter, Chamberlain, Chase, Clark, Clingman, Cook,
Corwin, Cox, Crocker, Cullom, Cutting, Thomas Davis, Dickinson, Ellison,
Farley, Fenton, Flagler, Fuller, Goodrich, Goodwin, Grey, Grow, Aaron
Harlan, Wiley P. Harris, Harrison, Haven, Hibbard, Hiester, Hill,
Hughes, Hunt, Johnson, Kittredge, Knox, Letcher, Lilly, Lindley, Linds-
ley, McDougall, Mace, Macy, Maurice, Mayall, Meacham, Middleswarth,
Murray, Norton, Andrew Oliver, Mordecai Oliver, Parker, Peck, Pratt,
Puryear, Ready, Rowe, Russell, Sabin, Sapp, Seward, Simmons, Samuel A.
Smith, William R. Smith, Richard H. Stanton, Hester L. Stevens, Strat-
ton, Thurston, Upham, Wade, Ellihu B. Washburne, Israel Washburn,
Wells, Tappan Wentworth, Westbrook, Wheeler, Yates, and Zollicoffer
—84.

So the House refused to lay the resolution upon the table.

Pending the call.

Mr. Kerr said: Is it in order to make an inquiry of the
Chair at this time ?

The Speaker. Only by the unanimous consent of the
House.

Mr. Kerr. There seems to be some misapprehension in
regard to this matter. Isuppose by laying the resolution
upon the table that we do not accept the resignation of Mr.
Choate.

The Speaker. The Chair understands the resignation to
have been already received. The House received the letter,
and it was read.

Mr. Kerr. There seems to be some diversity of opinion
in relation to the matter. My only desire is, that it shall
be understood.

The question then recurred upon the demand for the pre-
vious question.

Mr. Franxuin. I would like to inquire of the Chair, if
it is in order to move to refer this matter to the select com-
mittee already in existence upon the subject of the Smith-
sonian fund ?

The Speaker. The demand for the previous question

572 CONGRESSIONAL PROCEEDINGS.

cuts off any motion, until the House determine whether
they will second the demand.

Mr. Franxuin. I give notice that I shall make the mo-
tion to refer these papers to the select committee already
existing upon the subject of the Smithsonian’ fund, which
has this matter in charge, and is expecting to make a report
upon it in a few days.

Mr. Wasupurn, of Maine, demanded tellers on the sec-
ond to the demand for the previous question; which were
ordered ; and Messrs. Grey and Walker were appointed.

The House was then divided; and the tellers reported—
ayes 74, noes 72.

So there was a second; and the main question was then
ordered to be put.

The question now being on the adoption of the reso-
lution,

Mr. PrineLtE demanded the yeas and nays; which were
ordered.

The question was then put; and it was decided in the
aflimative—yeas 93, nays 91; as follows:

Y EAS—Messrs. Abercrombie, Appleton, David J. Bailey, Ball, Banks,
Bennett, Benson, Bristow, Bugg, Campbell, Carpenter, Chamberlain,
Chase, Clark, Cook, Corwin, Crocker, Cullom, Curtis, Cutting, Thomas
Davis, Dawson, De Witt, Dickinson, Eastman, Edgerton, Edmands, Ellison,
Etheridge, Farley, Fenton, Flagler, Fuller, Goodrich, Goodwin, Grow,
Aaron Harlan, Wiley P. Harris, Haven, Henn, Hiester, Hill, Hughes,
Hunt, Johnson, Kittredge, Knox, Latham, Letcher, Lilly, Lindley, Linds-
ley, McDougall, Mace, Macy, Matteson, Maurice, Mayall, Meacham, Mid-
dleswarth, Murray, Norton, Andrew Oliver, Parker, Peck, John Perkins,
Pratt, Preston, Puryear, Ready, David Ritchie, Rowe, Russell, Sabin, Sapp
Simmons, Singleton, William R. Smith, Richard H. Stanton, Hestor L,
Stevens, Stratton, Thurston, Upham, Wade, Walsh, Ellihu B. Washburne,
Israel Washburn, Wells, Tappan Wentworth, Westbrook, Wheeler, Yates,
and Zollicoffer—93.

NAYS—Messrs. Aiken, James C. Allen, Willis Allen, Belcher, Bocock,
Boyce, Breckinridge, Bridges, Caruthers, Caskie, Chandler, Chastain,
Chrisman, Clingman, Cobb, Colquitt, Cox, Craige, John G. Davis, Dunbar,
Eddy, Edmundson, English, Everhart, Faulkner, Florence, Franklin,
Goode, Greenwood, Grey, Hamilton, Harrison, Hendricks, Hillyer, Hous-
ton, Ingersoll, George W. Jones, J. Glancy Jones, Roland Jones, Keitt,
Kerr, Kurtz, Lamb, Macdonald, McMullin, McQueen, Maxwell, Smith
Miller, Millson, Morgan, Nichols, Olds, Mordecai Oliver, Orr, Packer,
Pennington, Bishop, Perkins, Phelps, Powell, Pringle, Reese, Richardson,
Thomas Ritchey, Robbins, Rogers, Ruffin, Sage, Seward, Shannon, Shaw,
Shower, Skelton, Samuel A. Smith, George W. Smyth, Sollers, Frederick
P. Stanton, Straub, Andrew Stuart, John J. Taylor, John L. Taylor,
Nathaniel G. Taylor, Teller, Trout, Vansant, and Walker—91.

So the resolution was adopted.
Mr. Mracuam. I move to reconsider the vote by which

the resolution was adopted, and to lay the motion to re-
consider upon the table.

THIRTY-THIRD CONGRESS, 1853-55. 573

Mr. Frorence. I call for the yeas and nays upon the
motion to lay upon the table.

The yeas and nays were ordered.

The question was then put; and it was decided in the
affirmative—yeas 94, nays 82; as follows:

YEAS—Messrs. Abercrombie, James C. Allen, Appleton, David J. Bai-
ley, Ball, Banks, Barksdale, Barry, Bennett, Benson, Bristow, Bugg,
Campbell, Carpenter, Chamberlain, Chase, Clark, Cook, Corwin, Crocker,
Thomas Davis, Dawson, DeWitt, Dickinson, Eastman, Edgerton, Edmands,
Ellison, Etheridge, Farley, Fenton, Flagler, Fuller, Goodrich, Goodwin,
Grow, Aaron Harlan, Sampson W. Harris, Wiley P. Harris, Hastings,
Haven, Henn, Hiester, Hill, Hughes, Hunt, Johnson, Kittredge, Knox,
Latham, Letcher, Lilly, Lindsley, McDougall, Mace, Macy, Matteson,
Maurice, Mayall, Meacham, Middleswarth, Murray, Noble, Norton, An-
drew Oliver, Mordecai Oliver, Parker, Peck, Bishop Perkins, John Per-
kins, Pratt, Puryear, Ready, David Ritchie, Rowe, Sabin, Sapp, Seward,
Simmons, Singleton, William R. Smith, Richard H. Stanton, Hestor L.
Stevens, Stratton, Thurston, Upham, Wade, Ellihu B. Washburne, Israel
Washburn, Wells, Tappan Wentworth, Westbrook, Wheeler, and Yates
—94.

NAYS—Messrs. Willis Allen, Thomas H. Bayly, Belcher, Bell, Bocock,
Boyce, Breckinridge, Bridges, Caskie, Chandler, Chastain, Chrisman, Cobb,
Colquitt, Craige, John G. Davis, Drum, Dunbar, Eddy, Edmundson, John
M. Elliott, English, Everhart, Faulkner, Florence, Franklin, Goode,
Greenwood, Grey, Hamilton, Harrison, Hendricks, Hillyer, Ingersoll,
George W. Jones, J. Glancy Jones, Roland Jones, Keitt, Kerr, Kurtz,
Lamb, Lewis, Macdonald, McMullin, McQueen, Maxwell, Smith Miller,
Millson, Morgan, Nichols, Olds, Orr, Packer, Pennington, Phelps, Pringle,
Reese, Thomas Ritchey, Robbins, Rogers, Ruffin, Sage, Shannon, Shaw,
Shower, Skelton, Samuel A. Smith, William Smith, George W. Smyth,
Frederick P. Stanton, Straub, Andrew Stuart, John J. Taylor, John L.
Taylor, Nathaniel G. Taylor, Teller, Trout, Vansant, Walker, Walsh,
Warren, and Witte—82.

So the motion to reconsider was laid upon the table.

Houser or Representatives, January 18, 1855.

The SPEAKER announced the following as the members of
the select committee, raised for the purpose of investigating
the management of the Smithsonian Institution :

Mr. Upham of Massachusetts, Mr. Witte of Pennsylvania,
Mr. Taylor of Tennessee, Mr. Wells of Wisconsin, and Mr.

Puryear of North Carolina.

The Speaker. The Chair would state that the gentlemen
from Vermont, [Mr. Meacham, ] at whose instance the com-
mittee was raised, was not placed on it at his own request.
He is one of the regents of the Smithsonian Institution, and
thought that, under the circumstances, he ought not to serve
on the committee. Had he not requested to be excused from
service, he would have been put, according to custom, at the
head of the committee.

574 CONGRESSIONAL PROCEEDINGS.

House oF RepresEeNTATIVES, February 20, 1855.

Mr. Upnam. I wish, by the unanimous consent of the
House, to ask for the appointment of a clerk to the Com-
mittee on the Smithsonian Institution. We have been at
work nearly one month, most laboriously, and have been
compelled to employ a clerk, and sometimes more than one.
T have not had an opportunity to bring my motion for the

appointment of a clerk before the House, because every |

morning gentlemen insisted on the regular order of busi-
ness; and I now ask the House to allow that committee to
employ a clerk.

[General cries of “Oh yes—let them have a clerk!’’]

Mr. Hueuus. If the House give unanimous consent to
the gentleman’s proposition, I will withdraw the motion to
adjourn.

Mr. Perkins of New York, and others. I object.

Mr. Urnam. Then I move that the rules be suspended,
to enable me to submit my proposition.

The SPEAKER pro tempore. That cannot be done, as there
is a motion to suspend the rules pending.

Mr. Huaurs. J now renew my motion to adjourn.

The question was taken; and the motion was agreed to.

Hovuss& oF REPRESENTATIVES, Jebruary 27, 1855.

The House being in the Committee of the Whole on the
state of the Union, Mr. Wm. H. Enatisu, of Indiana, said:

I propese occupying the attention of the committee
for a short time in submitting some practical remarks
in reference to the present condition and management
of the Smithsonian Institution. It is not a subject, sir,
the introduction of which into Congress has received any
favor from me. I regretted to see it brought here; and
when the gentleman from Vermont, [Mr. Meacham, ] upon a
late occasion, introduced a resolution to raise a special com-
mittee of inquiry, I felt it my duty to oppose its adoption.
IT knew that such an examination would be attended with

expense, and a consumption of time which at that late.

period of the session, could not well be spared from other
and more important public business—that it would. tend to
irritate the feelings of gentlemen heretofore or now con-
nected with the institution, and, in a word, might do evil,
but could not result in practical good. My knowledge of
the subject satisfied me that nothing had occurred to demand
the raising of a special committee, clothed with power to
send for persons and papers, thus giving to the disappointed

Se Se es

t Me

a

- 1 a ee Se a eS

THIRTY-THIRD CONGRESS, 1853-55. 575

and dissatisfied an opportunity of assailing the institution
or its officers at the public expense.

Sir, I felt conscious then, as I do now, that the manage-
ment has been such in all material respects as ought to elicit
commendation. This I may say with the greater propriety
and freedom, for the reason that the causes which led to this
investigation originated and were fully developed before my
connection with the institution as a regent; a position, I
may add, supposed to be of some honor, but certainly one
of considerable labor, much responsibility, and no pecuniary
benefit whatever.

That the management of an institution having so large
an endowment, and a design so comprehensive, should oeca-
sion difference of opinion and difficulty is not surprising in
the least. It would be more surprising were it otherwise.
Whilst all concur in desiring the accomplishment of the
great object Smithson had in view—‘ The increase and dif-
fusion of knowledge among men”’—the wisest and best may
well differ as to the proper means to be used to attain that
end. .

Although not entirely approving all that has been done, I
must say, in view of the vastness of the subject, and that
Congress was ten years in adopting even the outlines of a
plan, that the present condition of the institution is not
only encouraging, but a subject of congratulation rather
than of censure, to those charged with the management of
its affairs. Sir, I ask where there has been any material
departure from the act of Congress or the will of Smithson?
Have the funds been squandered or improperly applied? Is
the institution in debt or its income exhausted? Have the
officers neglected their duty? Is there corruption or im-
proper conduct in any quarter? Sir, it is an easy matter to
criticise, to find fault, to indulge in loose statements and
undefined insinuations, but I have yet to hear alleged any
just and definite cause of complaint. Look at the financial
department, where corruption would most likely exist, if it
existed at all, and you will find the gratifying fact that it
has been so judiciously managed that after paying all the
current expenses the funds and property are this day actually
worth double the amount of the original bequest. Where, sir, in
this age of extravagant expenditure of public money and
deficiency bills, will you find a parallel to this?

The regents are authorized to expend al/ the accruing in-
terest, but, so far from doing this, they have, by husbanding
the resources and by constant watchfulness over the disburse-
ments, actually saved the sum of $130,000, which they have

576 CONGRESSIONAL PROCEEDINGS.

now on hand toapply asa permanent addition to the principal.
What, then, is the result? A magnificent building, of ample
dimensions, has been erected at a cost of $300,000. Books,
apparatus, and other articles have been provided for the
library, museum, laboratory, and gallery of art, worth
$85,000. Lecturers have been employed, original researches
made, many valuable scientific works published and dis-
tributed, the current expenses entirely paid, and yet the
principal is increased $130,000. And of the interest ex-
pended I have yet to hear where one dollar was devoted to
an improper purpose. Does this look as if the institution
was badly managed?

If I am asked, Mr. Chairman, what the institution has
done to carry out the object for which it was designed, I
reply that it has not had time to do much. It is in its.
intanecy. The building is but just completed, and it is not
to be expected that a great establishment which is to exist
as long as this Government itself, is to be built up in a day.
The foundation is being laid deep and wide, and the noble
work will gradually but surely advance.

But, sir, I think it can be shown that something has
already been accomplished; that a good beginning, at least,
has been made, especially in view of the limited annual in-
come, which from the original fund, is less than $31,000.
Why, a single report of the Patent Office costs three times
as much as the entire income of the Smithsonian fund for a
year.

: Sir, the official report to be made at the present session
of Congress will show that ‘liberal provision has been made
for a library, museum, and gallery of art, in the construction
of a building which has cost $300,000. A library has been
commenced, and means devised for its extension, which at °
present is valued at $40,000.

‘« A museum, the most complete to be found in the United
States, in the natural history of the North American conti-
nent, has been collected, which is valued at not less than
$30,000.

‘“A cabinet of apparatus, consisting of instruments of
illustration and research, which is werth more than $15,000,
has been obtained.

“A beginning has been made of a gallery of art, consist-
sisting of a choice collection of a series of specimens of en-
gravings of the old masters.”

A correspondence has been opened and friendly relations
established with most of the leading colleges and literary
institutions, not only in this country, but throughout the

f
:
j
t
i
ie
4

THIRTY-THIRD CONGRESS, 1853-55. 577

world, thus securing scientific co-operation, and often an ex-
change of valuable researches and publications. Such rela-
tions exist with no less than three hundred and forty-two
foreign institutions, scattered over Sweden, Norway, Iceland,
Denmark, Russia, Holland, Germany, Switzerland, Belgium,
France, Italy, Spain, Portugal, Great Britain, Ireland, South
America, Mexico, and even Greece, Turkey, Africa, Asia,
and Van Dieman’s Land. Lectures upon popular and scien-
tific subjects have been regularly delivered at the institution
during the sessions of Congress, and have been open to “all
men,” free of charge. Original researches have been stimu-
lated, and many valuable memoirs upon scientific subjects
published and distributed to all the principal libraries and
learned societies in the world. To show conclusively what
has already been done in this direction, I will give a list of
some of the publications, premising, in the language of the
secretary of the board, that “‘the institution up to this time
has scarcely published a single paper the production of which
has not been stimulated and assisted, or whose character has
not been improved by the agency of the institution; and, as
a whole, they are such as could not have been given to the
world without the aid of the Smithsonian bequest.” They
are the products of American genius, and have reflected the
highest honor on American science:

WORKS PUBLISHED BY THE SMITHSONIAN INSTITUTION,

Quarto Volumes.

Smithsonian Contributions to Knowledge. 1848. Vol. I, 4°, pp. 846, with
48 plates and 207 woodcuts.

Smithsonian Contributions to Knowledge. 1851. Vol. II, 4°, pp. 464, and
24 plates.

Smithsonian Contributions to Knowledge. 1852. Vol. III, 4°, pp. 564, and’
35 plates.

Smithsonian Contributions to Knowledge. 1852. Vol. IV, 4°, pp. 426.

Smithsonian Contributions to Knowledge. 1853. Vol. V, 4°, pp. 538, and
45 plates.

Smithsonian Contributions to Knowledge. 1854. Vol. WI, 4°, pp. 476, and
53 plates.

Mathematics and Physics.

The Law of Deposit of the Flood Tide: its dynamical action and office
By Charles Henry Davis, Lieutenant United States Navy.

Observations on Terrestrial Magnetism: By John Locke, M. D., M. A.
Po:

Researches on Electrical Rheometry: By A. Secchi.

Astronomy.

Six Memoirs upon the Occulations Visible in the United States during
the years from 1848 to 1858, inclusive. Computed under the direction of
the Smithsonian Institution: By John Downes. 1848. 4°, pp. 12.

Researches Relative to the Planet Neptune: By Sears C. Walker, Esq.

Ephemeris of Neptune for the Opposition of 1848: By Sears C. Walker,
Esq.

37

578 CONGRESSIONAL PROCEEDINGS.

Ephemeris of the Planet Neptune from the Date of the Lalande Observa-
tions of May 8 and 10, 1795, and for the Oppositions of 1846, 1847, 1848, and
1849: By Sears C. Walker, Esq.

Three Memoirs upon the Ephemeris of the Planet Neptune for the years
1850, 1851, and 1852.

On the History of the Discovery of the Planet Neptune: By B. A. Gould,
Jr. 1850.

Meteorology.

On the Winds of the Northern Hemisphere: By Professor J. H. Coffin.
November, 1853. 4°, pp. 200, and 13 plates.

Directions for Meteorological Observations, intended for the First Class
of Observers: By Arnold Guyot.

A Collection of Meterologicat Tables, with other tables usefulin Practical
Meteorology : Prepared by order of the Smithsonian Institution by Arnold
Guyot.

Chemistry and Technology.

Memoir on the Explosiveness of Nitre, with a view to elucidate its agency
in the tremendous explosion of July, 1845, in New York: By Robert Hare,
ME PD:

On Recent Improvements in the Chemical Arts: By Professor James C.
Booth and Campbell Morfit.

Geography, Ethnology, and Philology.

Ancient Monuments of the Mississippi Valley ; comprising the results of
extensive original surveys and explorations: By E. G. Squier, A. M., and
E. H. Davis, M. D.; pp. 346, 48 plates, and 207 woodcuts.

Aboriginal Monuments of the State of New York; comprising the results
of original surveys and explorations; with an illustrative appendix: By E.
G. Squier, A. M. 1850; pp. 188, 14 plates, and 72 woodcuts.

Description of Ancient Works in Ohio: By Charles Whittlesey. 1851.

Catalogue of Portraits of North American Indians, with sketches of
scenery, etc.

Contributions to the Physical Geography of the United States. Part I.—
On the Physical Geography of the Mississippi Valley, with suggestions for
the improvement of the navigation of the Ohio and other rivers: By Charles
Ellet, Jr., Civil Engineer.

On the Vocal Sounds of Laura Bridgeman, the Blind Deaf Mute at Bos-
ton; compared with the Elements of Phonetic Language: By Dr. Francis
Lieber.

A Grammar and Dictionary of the Dakota Language: Collected by the
members of the Dakota Mission; edited by Rev. 8. R. Riggs, A. M., Mis-
sionary of the American Board of Commissioners for Foreign Missions.

Vocabulary of the Jargon of Trade Language of Oregon: By Dr. B.
Rush Mitchell, U. S. N.; with additions by Professor W. W. Turner.

Microscopical Science.

Microscopical Examination of Soundings made by the United States Coast
Survey off the Atlantic coast of the United States: By Professor J. W.
Bailey.

Micibecopical Observations made in South Oarolina, Georgia, and
Florida: By Professor J. W. Bailey.

Notes on New Species and Localities of Microscopical Organisms: By
Professor J. W. Bailey.

A Flora and Fauna within Living Animals: By Joseph Leidy, M. D.
April, 1853.

Zoology and Physiology.

The Classification of Insects from Embryological Data: By Professor
Louis Agassiz. 1850.

a)

oe et

THIRTY-THIRD CONGRESS, 1853-55. 579

Catalogue of the Described Coleoptera of the United States: By Fred-
erick Ernst Melsheimer, M. D. Revised by 8. S. Haldeman and J. L. Le
Conte.

Synopsis of the Marine Invertebrata of Grand Manan, or the Region
about the mouth of the Bay of Fundy, New Brunswick: By W. Stimpson.

Contributions tothe Natural History of the Fresh Water Fishes of North
America: By Charles Girard.

Anatomy of the Nervous System of Rana pipiens, L.: By Jeffries Wyman,

D

Catalogue of North American Reptiles, in the museum of the Smithsonian
Institution. Part I.—Serpents: By S. F. Baird and C. Girard.

Botany.

. Plante Wrightianze Texano-Neo Mexicane: By Asa Gray, M.D. Part
I—pp. 146, and 10 plates.

Plante Wrightiane Texano-Neo Mexicaney. Part II1.—An account of a
collection of plants, made by Charles Wright, in Western Texas, New
Mexico, and Sonora, in the years 1851 and 1852: By Asa Gray, M. D.—
pp- 120, and 4 plates.

Nereis Boreali- Americana, or Contributions to a History of the Marine
Algew of North America. Part I.—Melanospermee: By William Henry
Harvey, M. D., M. R, I. A.; pp. 152 and 12 colored plates.

Nereis Boreali-Americana, or Contributions to a History of the Marine
Alge of North America. Part II.—Rhodosperme: By William H.
Harvey, M. D,, M. R. I. A.; pp. 262, and 24 plates, colored.

Planta Frémontianez; or descriptions of plants collected by Colonel J.
C. Frémont in California: By John Torrey, F. L.S. 1853; pp. 24, and 10

lates.
: Observations on the Batis Maritima of Linnzus: By John Torrey,
Kea. 5.

On the Darlingtonia Californica; a new pitcher plant from Northern

California: By John Torrey, F. L. 8.

Paleontology.

A Memoir on Mosasaurus, and the three allied new genera, Holcodus,
Conosaurus, and Amphorosteus: By Robert W. Gibbes, M. D.

Memoir upon the Extinct Species of Fossil Ox: By Joseph Leidy, M. D.

The Ancient Fauna of Nebraska; or, a description of remains of extinct
Mammalia and Chelonia from the Mauvaises Terres of Nebraska: By
Joseph Leidy, M. D.; pp. 124, and 25 plates.

Bibliography.

Bibliography of American Natural History, for the year 1851: By
Charles Girard.

Notices of Public Libraries in the United States: By Professor C. C.
Jewett.

Directions for Collecting, Preserving, and Transporting Specimens of
Natural History. Prepared for the use of the Smithsonian Institution.
Two editions.

These works are distributed gratuitously to most of the
incorporated colleges and libraries in the United States, and
to the leading literary institutions of other countries. They
are not copyrighted, and are sold by the trade at a low rate.

It may be contended that researches and publications of
a character so purely scientific are not calculated directly to
diffuse knowledge among the great mass of mankind.

This is, no doubt, to a certain extent, true, and I shall be

580 CONGRESSIONAL PROCEEDINGS.

glad to see the operations of the institution made as plain
an4 practical as the nature of the subjects will admit; but
it should not be forgotten that the grand object of the insti-
tution is to add to the sum total of the knowledge now exist-
ing in the world, and to diffuse it “among men,” rather than
to scatter that more widely which is already accessible, in a
greater or less degree, to all.

‘Scientific researches,” says a committee of the Board of
Regents, ‘‘are often supposed by the uninformed to be of
little or no real importance; and, indeed, are frequently
ridiculed as barren of all practical utility; but nothing ‘is
more mistaken than this. The most valuable and productive
of the arts of life, the most important and wonder-working
inventions of modern times, owe their being and value to
scientitic investigations. By these have been discovered
physical truths and laws, the intelligent application of which
to practical inventions has given immense benefits to the
world. The germs of these valuable improvements and in-
ventions have been foundand developed by scientific research,
the original forms of which have often seemed to the many
to be as idle and useless as they were curious. <A proposi-
tion relating to the pendulum, which for many years re-
mained only a curious theoretical relation, ultimately fur-
nished a unit for the standard measures of states and nations,
The discovery that a magnetic needle could be moved by a
galvanic current seemed for a long time more curious than
useful, and yet it contained the germ of all that was after-
wards developed in the telegraph. It has been well remarked
that numerous applications and inventions always result from
the discovery of a scientific principle; so that there are many
Fultons for every Franklin.”

Besides this, it must be recollected that Smithson restricted
his bequest to no particular branch of knowledge. He con-
sidered all intimately connected with the improvement and
happiness of the human family, and as an answer to what-
ever may be said against the character of the publications
of the institution, it may be stated that they relate to pre-
cisely the same subjects as those which occupied the life of
Smithson himself.

Now, sir, I will proceed to state what I conceive to be the
true origin of all the difficulties that have existed in the in-
stitution. They have grown out of the question whether
the income should be used to build up a library, as the para-
mount object, or whether they should be applied not only
for a library, but for such other purposes ‘to increase and
diffuse knowledge” as would, in the judgment of the regents,

2 =

THIRTY-THIRD CONGRESS, 1853-55. 581

best accord with the will of Smithson and the law of Con-
gress organizing the institution.

This is the starting point of the whole controversy. It
is not pretended by any one that the funds have not been
expended in an honest effort to increase and diffuse knowl-
edge, but that they have not been chiefly devoted to a library
as the proper instrument to effect the desired end.

Now, as this Government is only the trustee to carry out
the will of the gentleman whose money supports the insti-
tution, it becomes important to examine into the nature of
that instrument, for the law declares its true intent to be to
earry out “the will of the liberal and enlightened donor.”
Sir, what is that will? Iask gentlemen to read it, and answer
whether there is anything indicating that a library was re-
garded as the paramount object, which, like the rod of Aaron,
was to swallow up everything else? The bequest, in the
language of the testator, is “‘to found at Washington an estab-
lishment under the name of the Smithsonian Institution, for the
increase and diffusion of knowledge AMONG MEN.” I submit that
to devote the money of Smithson to the building up of a
library as a paramount object would neither carry out the
letter nor the spirit of his will. The benefit to be derived
from such an expenditure would necessarily be local in its
eharacter, and, instead of being useful to “men” in the com-
prehensive sense used by Smithson, would enure tothe benefit
of citizens of Washington, and the privileged and fortunate
few who might from time to time visit the capital. Such
an expenditure, in my judgment, neither accords with the
evident intent of the will or the character and sentiments
of the man who made it. He did not bequeath his fortune
to found a library alone, or to increase and diffuse knowledge
among the citizens of the United States, much less among
the residents and visitors of Washington, but ‘among
men ”’—men of all classes and everywhere, and to increase
and diffuse every species of human knowledge.

James Smithson, Mr. Chairman, was a foreigner—the
natural son of the Duke of Northumberland and of Eliza-
beth, the niece of the Duke of Somerset—but he was not
possessed of that intolerant spirit—that species of religious
fanaticism and sectional prejudice which, I regret to see, is
entertained by many of our own nation. A truly wise and
enlightened people should not arrogate to themselves a supe-
riority in all things over every other part of the world, and
wrap themselves in a rigid exclusiveness like the Japanese,
but should rather pursue that policy which would gather
from other nations their best and most valuable citizens,

582 CONGRESSIONAL PROCEEDINGS.

arts, and inventions. A Chinese map of the world consists
of China; other countries, if indicated at all, occupying no
larger space than that usually allotted to the smaller class
of islands. The wild Indians and the roving Tartars con-
sider the customs of their respective tribes or clans the per-
fection of human life, and regard with savage suspicion all
who do not judge of perfection by their standard; and, in
fact, every savage, and most all half-civilized people, think
that within the boundaries of their own country are to be
found all virtue, intelligence, heroism, and happiness. They
are ever jealous of strangers, (foreigners,) deny them all po-
litical rights, and sometimes persecute them to the death.
Sir, I have some place read an account of a visit paid by
the officers of a French vessel to an African chief in the
wilds of his native country. His sable majesty, plentifully
besmeared with grease, seated on a log for a throne, and
wonderfully impressed with the vast superiority of every-
thing and everybody within his own dominions, eagerly in-
quired of the officers whether he was much talked about in France.
I have met some men in this country—even the sons of
foreigners—equally puffed up in self-importance with the
idea that America is the world, and they the chief instru-
ments in “ governing America.” No man can have a more
exalted opinion of this Republic than J, for it is my native
land, but I shall not, therefore, be blinded to the merit of
those whose destiny it happened to be to come into the world
elsewhere, and especially those who, from choice, have se-
lected this as their permanent home; neither shall I forget.
how much our own career of greatness and glory has been
facilitated by emigration. Most sincerely do I trust that
narrow bigotry, sectional prejudice, and barbarian exelusive-
ness will never control the destinies of the United States!
Mr. Chairman, James Smithson was elevated far above
all selfish, narrow-contracted, sectional views. He is be-
heved never to have set his foot on our soil, and yet he
passes the splendid monarchies of the Old World, and in-
trusts, with confidence unqualified, to the honor of repub-
lican America, the dispensation of his bequest for the good
of allmen. Of noble descent himself, and of ample fortune,
his sympathies were not alone with those of his own class,
or his own country, but with “‘ MEN,” without limit or restric-
tion. He declares in exalted language, which deserves to
be written in letters of gold, that ‘‘the man of science is of
no country; the world is his country, and all men his country-
men.” Though he could boast that the best blood of England
flowed in his veins, yet he said that availed him not, for his

THIRTY-THIRD CONGRESS, 1853-55. 583

name would live in the memory of men when the titles of
the Northumberlands and Percies were extinct or forgotten.

Sir, the language used in the bequest corresponds with
what might naturally be expected from one possessing the
enlarged views of Smithson.

The great ideas of the will are those of increase and uni-
versal benefit. The benefit is not for one nation, but for
“men”—who make up all nations. It is for mankind—for
humanity. The truths of science admit of universal appli-
cation. A truth that tends to enlarge and to elevate the
mind; a discovery that furnishes a new power, or makes a
new application of an old one, to administer in a greater
degree to the wants of men; a fact that opens to the analytic
mind a new source of evidence to determine what before
was doubtful, are blessings for a world.

Mr. Chairman, it is contended by some that the act of
Congress organizing the institution contemplated a library
as the leading and paramount object of the plan. Sir, I do
not so understand the law. I am unable to find anything in
it which conflicts with the will of Smithson. The object
of the law is declared to be to carry out his wishes as ex-
pressed in the will. It provides a general outline for the
execution of the trust, but necessarily leaves much to the
judgment of the regents, who are intrusted with the general
management of the institution. It mentions a library, mu-
seum, &¢., as objects to be regarded, but does not require
that all the income shall be applied to the objects specially
mentioned, or a particular amount to any one of them; and
the ninth section expressly authorizes the regents to make
such disposition of the income, not required to carry out the
provisions specified elsewhere in the act, ‘‘as they shall deem
best suited for the promotion of the purpose of the testator,”
which purpose is declared in the title of the act to be “to
establish the Smithsonian Institution, (not Library,) for the
increase and diffusion of knowledge among men.”

The law does not specify the sum that shall be expended
upon the museum, or any of the objects mentioned. No
amount is required to be annually applied to a library, but
there is a limitation that it shall not exceed a certain sum.
It may be less, much less, but in no event more. Pains seem
to have been taken to secure, for all time, the services of
gentlemen of talent and standing upon the Board of Regents,
and they are wisely and necessarily intrusted with some dis-
cretion in the expenditure of the income and the general
management of the affairs of the institution. Take, as an
example, the item of books. They are an article of trade,

584 CONGRESSIONAL PROCEEDINGS.

and their prices fluctuate in the market as other articles of
merchandise; one year it might be expedient to make large
purchases, and another less. Who is to determine? Surely
the Board of Regents would best know what to buy, when,
and in what quantities, and the law very properly confers
upon them such discretion. It does not require the rapid
‘accumulation of a library; but, on the contrary, expressly
provides, in the eighth section, ‘for the gradual formation
of a library, composed of valuable works ;”’ and that, sir, is
exactly what I understand to be the wish and design of a
majority of the present Board. Why, sir, the institution
has already, by purchase and through the medium of ex-
changes, collected fourteen thousand volumes and eleven
thousand parts of volumes, estimated to be worth $40,000;
and if any regent or officer contemplates the abandonment
of the gradual formation of a library of valuable works, as
prescribed in the act of Congress, I am ignorant of the fact,
and believe no such disposition is entertained.

While I am opposed to making the library the principal
and controlling feature of the institution, I regard it as one
of the important instruments to be used in accomplishing
the desired end, and hold that it ought neither to be aban-
doned nor neglected. This was my opinion in the begin-
ning. It is my decided opinion now.

But, sir, I do not understand that even the distinguished
secretary of the institution, Professor Henry, who is gener-
ally supposed to be hostile to what is commonly called the
library plan—especially favored by Mr. Choate and Pro-
fessor Jewett—to differ essentially, or even materially, from
my position upon this subject.

Professor Henry, in a late communication, solemnly as-
sures the board that, so long as the present law of Congress
remains unchanged, and until other means can be afforded
for their support, he has no idea of proposing to dispense
with a library, museum, or gallery of art. He expressly
says, ‘‘A library such as the institution may collect by its
exchanges, and judicious purchases, and a museum of spe-
cial objects of research, though not absolutely necessary to
carry on the active operations, would form one harmonious
system, and could be properly supported by the present in-
come.”

I repeat, Mr. Chairman, that there is no disposition to
destroy the plan of a library such as the law contemplates,
but there is a disposition to prevent a library from overtop-
ping and destroying other measures of equal or greater im-
portance to the success of the institution—and this is the

THIRTY-THIRD CONGRESS, 1853-55. 585

whole issue. Sir, I am sure it is the sincere wish of those
charged with the management of this institution, to con-
duct its affairs in such manner as will further the interests
of science, and be productive of the greatest amount of good.
It is their chief desire to carry out, in good faith, the design
of the noble and generous Smithson, and the act of Congress
made in furtherance of his will. Where that law is clear, it
is implicitly followed; where doubts exist, that mode of ac-
tion is adopted best calculated, in the judgment of the
regents, “to carry out the design of the liberal and enlight-
ened donor;” which design, in the clearest language, is de-
clared to be, “the increase and diffusion of knowledge
among men.” Is it at all likely that such a high trust
would be abused by a Board of Regents presided over by
the Chief Justice of the United States, and composed of
such men as Mr. Rush, Mr. Berrien, Mr. Hawley, Mr.
Pearce, Mr. Douglas, Mr. Mason, Professor Bache, General
Totten, and others of much less name but of equally good
intentions?

It may be that the operations of the Smithsonian Institu-
tion have not attracted the public eye, or made a favorable
impression upon the minds of the popular masses; but I
have confidence in their judgment, and believe the reverse
to be true. Be that as it may, it is certain that wherever
science and literature are cultivated, the institution is be-
coming favorably known, and it is receiving the warmest
commendations of gentlemen of the highest standing and
most exalted scholastic attainments.

I might adduce much evidence to sustain this assertion,
but believe the following will be considered ample and con-
elusive. The first extract I shall read is from a memorial
recently presented to this House from the American Philo-
sophical Society. ‘It appears to them,” say the memorial-
ists, ‘that the institution has been, since its establishment,
ever honestly and wisely administered, and the funds ex-
pended to the best advantage in the fulfillment of the pur-
poses of the trust. Your memorialists believe that, by di-
verting the funds of the said institution to the formation of
a public library, its power of diffusing knowledge among
men will be materially diminished, and that of increasing
knowledge entirely destroyed. Our country abounds in
men with intellects adequate to the discovery of new
truths, and with tastes and educations which fit them for
the development and beneficial application of all discov-
eries; but is, on the other hand, deficient in the means of
encouraging such men to devote their time and energies to

586 CONGRESSIONAL PROCEEDINGS.

such pursuits, and of publishing their results to the world,
and on this account much useful knowledge, for which we
ought to have the credit, is published in foreign countries,
and inures to the honor and advantage of other nations.
Your memorialists, therefore, sincerely believing that many
disinterested men throughout our country, who are, by ed-
ucation and position, qualified to form an opinion as to
what is most usetul for the increase and diffusion of knowl-
edge among men, concur in the opinions herein expressed,
respectfully ask your honorable body to leave to the Smith-
sonian Institution its present efficient constitution and ad-
ministration, and to refuse any legislation tending to im-
pair its usefulness, by converting it into a library, or other-
wise.”

The following interesting detter from Mr. Felton, the dis-
tinguished professor of languages at Harvard University,
will show the estimation in which the institution is held in
Europe:

CAMBRIDGE, MASSACHUSETTS, June 30, 1854.

My Dear Prorsssor: I have but recently returned from Europe, and
I now desire to acknowledge the service you did me by your circular letter
of introduction to the libraries of the European establishments which are
in correspondence with the Smithsonian Institution. Wherever I pre-
sented it I was received with great kindness and attention, and had the
opportunity of seeing whatever was curious, interesting, and valuable in
the libraries and collections.

It gave me pleasure to notice the high estimation in which the Smith-
sonian Institution, under its present management, is held everywhere in.
Europe. The volumes published under its auspices have done the highest
honor to American science, and are considered most valuable contribu-
tions to the stock of knowledge among men. They are shown to visitors as-
among the most creditable publications of the age, and as highly interest-
ing illustrations of the progress of science and arts in the United States ;
and the eagerness to possess them is very great among the savans of the:
Old World. They were shown to me wherever I went, and the commend-
ations bestowed on the civilization of America, as evinced by the excel-
lence of these works, both in matter and form, was deeply gratifying to-
me. The last time I had an opportunity of seeing them was in the Uni-
versity Library, at Athens. The librarian pointed them out to me, and

expressed the greatest anxiety to complete the set, one or two volumes of

which were wanting. I huve a memorandum somewhere which I will for-
ward to you.

I promised a gentleman, with whom I became acquainted on my voyege
from England, that I would write to inquire whether it is possible to pur-
chase an entire set. de was desirous of adding them to his library. Wilk
you oblige me by answering this question at your convenience.

C, C. FELTON.

Professor Agassiz—well known to the literary and scien-
tifie world—has recently written a letter upon this subject,
in which he says:

‘Every scientific man in the country has been watching, with intense
interest, the proceedings of the Smithsonian Institution ever since its foun-

THIRTY-THIRD CONGRESS, 1853-55. 587

dation, satisfied, as all must be, that upon its prosperity, the progress of
science in America depends in a very great measure.

‘“The controversies which have lately been carried on respecting the
management of the institution have increased the solicitude of its friends
with regard to its future prospects in a degree which can hardly be real-
ized by those who are not immediately connected with the great cause of
science.”’ * * * * * %

‘The votaries of science may differ in their views about the best means
of advancing science, according to the progress they have themselves made
in its prosecution ; but there is one standard of appreciation which cannot
fail to guide rightly those who would form a candid opinion about it. I
mean the life of those who have most extensively contributed in enlarging
the boundaries of knowledge. There are two individuals who may, with-
out qualification, be considered as the most prominent scientific men of the
nineteenth century, Cuvier and Humboldt. By what means have they
given such a powerful impulse to science? How have they succeeded, not
only in increasing the amount of knowledge of their age, but also in found-
ing new branches of science? It is by their own publications and by aid-
ing in the publications of others; by making large collections of specimens
and other scientific apparatus, and not by the accumulation of large libra-
ries. Humboldt never owned a ‘book, not even a copy of his own works,
as I know from his own lips. ‘ He was too poor,’ he once said to me ‘to
secure a copy of them,’ and all the works he receives constantly from his
scientific friends and admirers are distributed by him to needy students.
Again, there is hardly a scientific man living on the continent of Europe
who is not indebted to him for some recommendation in the proper quarters
for assistance in the publication of their works. I mention, more particu-
ularly, these details about’ Humboldt, because he is happily still among the
living, and his testimony may be asked in a matter of such deep import-
ance to the real progress of science. But the same is equally true of the
part Cuvier took, in his day, inspromoting science. All his efforts were
constantly turned towards increasing the collections of the Jardin des.
Plantes and supporting the publication of original researches, giving him-
self the example of the most untiring activity in publishing his own. In
this connection I ought not to omit mentioning a circumstance to which
the United States owe the legacy of Smithson, which I happen accidentally
to know, and whichis much to the point in reference to the controversy
concerning the management of the Smithsonian Institution. Smithson
had already made his will, and had left his fortune to the Royal Society of
London, when certain scientific papers were offered to that learned body
for publication. Notwithstanding his efforts to have them published in
their Transactions, they were refused, upon which he changed his will,
and made his bequest to the United States. It would be easy to collect in
London more minute information upon this occurrence, and should it ap-
pear desirable, I think I can put the committee in the way of learning all
the circumstances. Nothing seems to indicate mure plainly what were the
testator’s views respecting the best means of promoting science than this
fact.

‘‘T will not deny the great importance of libraries; and no one has felt
more keenly the want of an extensive scientific library than I have since I
have been in the United States; but, after all, libraries are only tools of a.
secondary value to those who are really endowed by nature with the power
of making original researches, and thus increasing knowledge among men.
And though the absence or deficiencies of libraries is nowhere so deeply
felt as in America, the application of the funds of the Smithsonian Institu-
tion to the formation of a library beyond the requirements of the daily prog-
ress of science, would only be, in my humble opinion, a perversion of the
real object of the trust, inasmuch as it would tend to secure facilities only
to the comparatively small number of American students who may have
the time and the means to visit Washington whenever they need to consult.

588 CONGRESSIONAL PROCEEDINGS.

a library. Such an application of the funds would, indeed, lessen the abil-
ity of the institution to accomplish its great object, which is declared by
its founder to be, to increase and diffuse knowledge among men, to the full
extent to which they may be spent unduly to increase the library. More-
over, American students have a just claim upon their own country for such
local facilities as the accumulation of books affords.

“Tf Iam allowed to state, in conclusion, my personal impression re-
specting the management of the institution thus far, I would only express
my concurrence with the plan of active operations adopted by the regents,
which has led to the publication of a series of volumes equal, in scientific
value, to any productions of the same kind issued by learned societies any-
where. The distribution of the Smithsonian Contributions to Knowledge
has already carried the name of the institution to all parts of the civilized
world, and conveyed with them such evidence of the intellectual activity
of America as challenges everywhere admiration; a result which could
hardly be obtained by applying a large part of the resources of the institu-
tion to other purposes.”’

Mr. Chairman, with the following letter from Professor
Benjamin Peirce, I shall yield the floor, satisfied to submit
the question whether the Smithsonian Institution is bein
properly managed, to the judgment of Congress and the
scientific world:

‘Of all men, none can be more sensible of the value of the great store-
houses of the wisdom of past ages than they who are obliged to resort to
them in the development of their own researches. The knowledge which
has already been given to the world, and which is accumulated in the
library, stimulates and invigorates the mind for original thought, and sup-
plies important materials fur investigation, It is to the author what the
collection of models in the Patent Office is to the inventor; but, neverthe-
less, the increase of knowledge depends chiefly upon the native vigor of in-
tellect, and its diffusion is performed by the press. To the strong mind
the collections of the Vatican are a golden opportunity, richer than the
mineral harvest of California; but not richer than the hills and streams
which abound within every man’s sight; not richer than the stone beneath
our feet on which is written the history of the world; than the leaf of the
forest, on which is inscribed the thought of its Creator ; or than the cloud
in the lightnings of which the laws and the glory of God are as distinctly
revealed to the faithful of the present generation as they were upon Mount
Sinai.

‘‘The valuable contributions to knowledge which have already been
made by the Smithsonian Institution are a living proof that vast libraries
are not necessary to the development of new thoughts. If you will com-
pare these memoirs with the scientific productions of the same period in
Europe, you may find them, perchance, inferior in erudition, but not in
profoundness and originality of thought. Do you believe that Smithson,
who was himself engaged in chemical investigations, could have intended a
library by his words ‘an institution for the increase and diffusion of knowl-
edge among men?’ If you will examine his nine memoirs to the Royal
Society, of which he was an active member, and his eighteen other contri-
butions to science, you will not find one of them which required a library
for its production, Each was the natural growth of a deeply thinking
mind. Smithson was emphatically a maker and not a collector of books;
and in the scientific circle to which he belonged, the ordinary use of lan-
guage would have totally precluded the interpretation which some mén of
quite a different cast of mind have presumed to impose upon his words.
Expand his largeness of expression to its utmost extent, include in it all
that a generous mind like his own would desire it to embrace; but let it

THIRTY-THIRD CONGRESS, 1853-55. 589

not be cramped and twisted out of shape, and so forced from its original
design that it shall wholly fail to accomplish the object of the munificent
testator.

‘Most earnestly, then, in the name of science, and especially of Amer-
can science, do I protest against such a gross perversion of this important
trust. I assure you, sir, that the great body of scientific men throughout
the country warmly approve Professor Henry's plan of conducting the
Smithsonian Institution, and regard it as a faithful exponent of the almost
undivided opinion of scientific and learned men as to the proper execution
of Smithson’s will and of the law of Congress.”

House or Representatives, March 3, 1855.

Mr. Urpnam. Mr. Speaker, I would ask the unanimous
consent of the Ifouse for leave, in this connection, to submit
a report and accompanying papers from the select commit-
tee raised to investigate the management and condition of
the Smithsonian Institution.*

There was no objection, and the report was received.

Mr. Upuam. <A minority report will be submitted; and
I move that both reports be laid upon the table, and ordered
to be printed. The motion was agreed to.

The following is the report made by Mr. Chas. W. Up-
ham, of Massachusetts :

The Select Committee of the House of Representatives, to
whom were referred the letter of the Hon. Rufus Choate,
resigning his place as a regent of the Smithsonian Insti-
tution, with instructions to inquire and report to the
Ifouse whether the Smithsonian Institution has been
managed and its funds expended in accordance with the
Jaw establishing the institution, and whether any addi-
tional legislation be necessary to carry out the designs of
the founder; the memorial of Lorin Blodget for a rem-
edy against the Smithsonian Institution for labor and
researches in physical science, made for the benefit of said
institution; and the petition of John Grable and sundry
others, citizens of St. Josephs, Missouri, praying for the
publication of a monthly periodical, exhibiting the prog-
ress of knowledge and of society, and to be distributed
by said institution among the people, beg leave to submit

‘the following report:

The short time allowed for investigating the matters re-
ferred to the committee, and the pressure of other duties
during the few crowded last weeks of the session, render
anything like a full and thoroughly satisfactory report im-
possible. The transactions, to which their attention has
been called, are so complicated in their nature und extensive

*Mr. Upham only signed this report. Mr. Witte and Mr. Taylor submitted another
report, and Messrs. Puryear and Wells declined to sign either,

590 CONGRESSIONAL PROCEEDINGS.

in their details, that it was soon found entirely out of the
question to attempt to examine them with sufficient fullness
and minuteness to be qualified or justified in pronouncing
or even forming a decisive judgment on the merits of the
questions involved. The evidence taken and submitted will
guide the members of the House to so much of a conclusion
on the several points and issues as the committee have been
able to reach.

So far as the case of Mr. Lorin Blodget is concerned, the
committee would observe that he does not claim to have
made any explicit contract, in writing or in conversation,
with the secretary of the Board of Regents; that the com-
pensation he received appears to have been all that was ever
expressly or distinctly agreed upon; and that as it respects
the value of his labors above the compensation he received,
or the degree to which he acquired any separate, private,
scientific or literary property in any papers or documents
prepared by him while in the institution, they have been
wholly unable to derive any definite ideas from his state-
ments. In reference to his assertion that certain equitable
or legal rights are withheld from him, the committee can
only say that, although the hearing afforded him occupied
a large portion of their time, he failed to make his own view
of the point clearly intelligible, and that it is utterly impos-
sible for them at this period of the session to enter into such
an examination of the vast amount of documents, resulting
more or less from his labors, as would be necessary in order
to begin to form an opinion. An impartial arbitration by
scientific persons would, if the committee may be allowed
to offer a suggestion to the Board of Regents, probably be
the best way to determine whether there is any foundation
for the complaints he makes, or for the claim of rights which
he imagines himself to possess. The committee feel it due
to candor to say that they have not been able to appreciate
any clear ground for his claims, but due also to justice to
say that he is unfortunate in not having a facility in render-
ing easily intelligible the ideas which he very earnestly, and
no doubt very honestly, entertains on the subject. Indeed,
a personal, laborious and patient examination, by direct in-
spection, of the records, tables, maps and other papers or
documents, in which he avers that he has rights that are
withheld, and claims for compensation beyond what he ac-
knowledges to have received, will be found absolutely indis-
pensable to enable any one to understand precisely what he
means, or to determine whether there is any foundation for
his claims, either of authorship orefor compensation. The

THIRTY-THIRD CONGRESS, 1853-55. 591

committee would have been willing to encounter the task;
but the want of time absolutely forbids the attempt, and,
after all, it would, perhaps, have been useful scarcely for
any other purpose than to satisfy their own minds. They
could not advise, in any event, the action of Congress upon
the subject, as the whole transaction, according to Mr.
Blodget’s own account, was, from first to last, placed and
Kept by him in the discretion and decision of the Board of
Regents.

In discharging the main part of their duty, relating to
the management of the institution, whether it has been in
accordance with the law, and to the question, whether any
further legislation is necessary, the committee will, in the
first place, present such a history of the whole matter, as
will, in conjunction with the evidence presented in the ap-
pendix to this report, enable every member of the House to
form a judgment on the subject.

[The committee then reproduce the will of James Smith-
son and the act to authorize the President of the United
States to accept the bequest, and pledging the faith of the
United States to use the funds as directed in the will of the
testator, and then proceeds :]

It will be perceived that in the foregoing act the Govern-
ment of the United States pledged itself that ‘any and all
sums of money and other funds which shall be received for or
on account of the said legacy shall be applied in such manner
AS ConareEss may hereafter direct,” &c. It is presumed that
it is our duty to consider, not whether the funds have been
applied to such objects, and in such way as Congress ought
to have directed, in the opinion of any individuals, but to such
objects and in such a way as Congress, in fulfilment of the
foregoing pledge, has directed. The next step, therefore, is
to ascertain what was the determination of Congress on the
subject.

Great caution and deliberation were exercised in determ-
ining the matter. The country felt that it was a solemn and
momentous trust. The gratitude, pride, honor, and wisdom
of the nation were involved; not only the then present gen-
eration, but future ages were interested. The field to be
surveyed was the whole country, and the whole world be-
yond the limits of the country. It was obvious that the
nature of our institutions presented some peculiar difficul-
ties in the way of executing the trust. If the testator had
understood, as indeed but few foreigners ever have done,
those difficulties, he might, perhaps, have made some ar-

592 CONGRESSIONAL PROCEEDINGS.

rangement to avoid them. It is clearly not within the
sphere allotted to this Federal Government to enter the
fields of science and literature. In point of fact, the action
of Congress in accepting the bequest, and agreeing to carry
it into execution, was justified at the time on the ground of
its peculiar and complete jurisdiction over the District of
Columbia. More than ten years were consumed in discus-
sions, debates, and conflicting views and schemes, in and out
of Congress.

A few of the prominent facts illustrating this stage of the
case will be cited. On the 19th of July, 1838, the Secretary
of State, by direction of the President of the United States,
addressed letters toa number of the distinguished men of
the country thought to be best qualificd to advise on the
subject. Answers were received from John Quincy Adams;
Francis Wayland, D.D., president of Brown University; Dr.
Thomas Cooper, of Columbia, South Carolina; Hon. Rich-
ard Rush; and President Chapin. The diversity of views
which must ever be expected in reference to such a subject,
was revealed, in all its extent, at the very outset. Mr.
Adams recommended an observatory; President Wayland
a higher university ; Dr. Cooper a university, and, to escape
constitutional objections, to transfer the fund to the corpor-
ation of Georgetown; Mr. Rush recommended a more com-
plicated system, for the collection from all countries, through
ministers, consuls, and naval and military officers, of seeds
and plants, objects of natural history and antiquities; a
standing board of the chief officers of the Government; the
institution to have a printing press; the board to determine
what should be printed; the democratic principle, as de-
veloped in our institutions, to be particularly discussed; lec-
turers to be appointed by the President and Senate, with
salaries large enough to command the highest talent; a cer-
tain number of young men from each State to attend the
lectures, their expenses being paid by the institution, &e.
President Chapin was in favor of professorships being estab-
lished on a liberal scale; a library, apparatus, and an astro-
nomical observatory.

On the 14th of December, 1838, a memorial was presented
to Congress recommending an agricultural institution, with
a large farm, beet-sugar manufactory, mill, workshops, &c.
As propositions multiplied, the difficulties in the way be-
came, at each step, and in view of every scheme, more and
more apparent.

In January, 1839, Congress began to grapple with the
subject. The university plan was defeated in the Senate

THIRTY-THIRD CONGRESS, 1855-55. 593

on the 25th of February, 1839. Congress provided for an
observatory out of its own funds, and that matter was dis-
posed of and taken out of the question. An institution like
the Garden of Plants at Paris was strongly urged in the
Senate, but the proposition did not prevail. In 1845, Mr.
Choate proposed in the Senate the library plan, and it
passed that body on the 23d of January. In the House,
several members offered different propositions. One pro-
posing a normal school was rejected—yeas 72, nays 42; one
proposing lectures and professors was rejected—77 to 42.
The plan of lectures, as a leading feature, was rejected by
similar strong votes on several occasions.

[Various bills were reported, substitutes offered in both
houses, and sundry amendments made, until in August,
1846, a bill as passed by the House was passed by the Sen-
ate without amendment, and became THE LAW on which the
institution has existed to the present date. The committee
then quote the act approved August 10, 1846, and proceed :]

The foregoing act of Congress is “ the law establishing
the Smithsonian Institution.” It is the directory which the
regents are bound to follow in administering its affairs and
applying its funds. An idea seems to have crept into the
discussions that are prevalent on this subject, that the will
requires one thing and the law another. There can be no
ground for this distinction, as a few words will show.

The will declares a certain object, namely, “ for the in-
crease and diffusion of knowledge among men.” In accept-
ing the bequest, the Government of the United States
pledged its faith that the funds should be ‘“‘appliedas Congress
may hereafter direct, to the purposes of founding and en-
dowing at Washington, under the name of the Smithsonian
Institution, an establishment for the increase and diffusion
of knowledge among men.”

The act establishing the institution also inserts into its
title, and into its body, the words of the will, so that what-
ever the will requires the act ordains, and there can be no
conflict between them. No one can question the obligation
of those who administer the institution, under the act, to
assume that its requirements are in accordance with the
will, and to carry them out, in good faith and good earnest.
So far as the act leaves the officers, who exist by its author-
ity, to their discretion, that discretion is to be guided by
their sense of the import and design of the language of the
will. All in the will that relates to the subject is incorpor-
ated into the act. We have occasion, therefore, to look

38

594 CONGRESSIONAL PROCEEDINGS.

only at the act, in ascertaining the duty of those who ad-
minister the affairs of the institution, and there can be no
ground for a controversy in reference to the meaning of the
will, as against the act, or vice versa.

The will and the two acts of Congress that have been
spread out on the foregoing pages in full, interpret them-
selves to the common sense and adequate apprehension of
every reader. It is only necessary to regard the words as
used in their ordinary sense, to avoid a mental interpolation
of Janguage not in the text, and to allow its natural mean-
ing to flow out from all the language used in the instrument.
In this spirit of fair and unstrained interpretation, we pro-
pose to consider for a moment the language of the act
establishing the Smithsonian Institution, of which different
and conflicting interpretations are advocated.

The word “ INcREASE”’ is held by some of the zealous com.
batants in the Smithsonian controversy to be identical with
‘‘ piscovery.”” The idea seems to be that knowledge
ean only be increased by the discovery of new truth. This is
an arbitrary and untenable Baa A mind experieuces
an increase of knowledge if it knows more than it did be-
fore, although all the ideas it has received may be in the
commonest text books. There has been an increase of
knowledge in the school, in the congregation, in the lecture
room, if ideas not before known to them have been received
into the minds of the hearers; even, indeed, it matters not
if those ideas have been recorded for thousands of years in
languages, classical or sacred, that have been dead long
ago. Knowledge has been increased, if one mind has re-
ceived more, whether it be new or oldtruth. The language
of Smithson is perfectly simple, and in its natural sense
covers the whole ground—it includes, but does not require,
new truth. Truth discovered a thousand years ago is as good
as truth discovered yesterday. Knowledge embraces it all
alike, and Smithson’s object was to carry “knowledge where
it was not before, and to increase it where it was; to spread
it over a wider area, and to a greater depth.

In like manner a particular meaning has been crowded
upon the word “ KNOWLEDGE’’—not its ordinary meaning in
common usage; but a narrow, technical, and special mean-
ing. This has been done by confounding it with “ scrENncz.”
It is true that, in their primitive origin, or roots, in the
languages from which they are derived, these words may be
identical 3 in their meaning, but not so as actually used in
common conversation and familiar and general literature.
“ Knowledge ”’ is all-comprehensive—embracing science, art,

THIRTY-THIRD CONGRESS, 1853-55. * 595

literature, politics, business, the whole world of nature and
culture, the entire realm of facts and reality, all ages and
all that they have contained. ‘ Science” is almost univer-
sally employed to denote those branches of knowledge
which are systematized into a distinct organization or ar-
rangement, based upon definite principles, and reduced to
particular rules. In the progress of knowledge new seiences
are added to the list, and in the establishment of new classi-
fications the boundary lines are altered. There is a vast
amount of knowledge not included in any science. Fur-
ther, the word science is sometimes used to embrace only ¢
part of what, in a broader sense, is included in the sciences.
It is getting to become quite eenerally used to denote what
are called the physical sciences, excluding political, moral,
and intellectual science—excluding history, the arts, and all
general literature. Surely, it cannot be maintained that
“ knowledge” was used by Smithson as merely identical
with “science” in this last mentioned and most limited
sense,

The words ‘‘among men” were used merely to corrobor-
ate the idea expressed by the word “diffusion.” They do
not necessarily imply that the institution should confine it-
self to world-wide operations. The word is not, as some
seem to suppose, ‘‘ mankind,” but ‘“*men;” and he diffuses
knowledge ‘“‘among men” as truly, and in as full a sense,
when he enlightens the minds of his neighbors, as of per-
sons at the farthest pole. He best fulfils the idea of Smith-
s0n who increases human intelligence, whenever and
wherever he has an opportunity, in every circle of influence,
however near or however remote.

The seventh section of the act establishing the institution
has given occasion to a difference of interpretation that has
been brought to the notice of the committee. The section
relates to the duties and powers of the secretary, and goes
on to say that “‘the said secretary shall also discharge the
duties of librarian and keeper of the museum, and may,
with the consent of the Board of Regents, employ assist-
ants; and the said officers shall receive for their services
such sums as may be allowed by the Board of Regents, to
be paid semi-annually, on the first days of January and
July; and the said officers shall be removable by the Board
of Regents whenever, in their judgment, the interests of
the institution require any of the said officers to be
changed.” -

The committee cannot but think it strange that, in the
face of this express language, it has been made a question

596 CONGRESSIONAL PROCEEDINGS.

where the power of removal is lodged. “Said officers.
shall be removable by the Board of Regents.” Can any-
thing be plainer? In defence of the idea that the secretary
can remove his assistants, @ practice is cited in certain de-
partments of the Government where the power of removal
is exercised by intermediate officials. But there is no anal-
ogy, inasmuch as the Constitution of the United States is
silent in reference to the removal of such officers. But the
constitution of the Smithsonian Institution is not silent, but
expressly defines in whom the power to remove the assist-
ants of the secretary resides—namely, in the Board of Re-
gents. They have no more right to delegate, or pass over
to another that power, than they have to transfer any of
their other functions.

The concluding sentence of the eighth section of the act
is as follows:

‘e And the said regents shall make, from the interest of said fund, an ap-
propriation not exceeding an average of twenty-five thousand dollars annu-

ally, for the gradual formation of a library, composed of valuable works
pertaining to all departments of human knowledge.”

The expression, ‘not exceeding,” is in constant use in

the legislation of Congress, and in all legislation every-
where, in which appropriations are made, and it will not be
disputed that, in all instances, the expectation and general
understanding of the legislature is, that about the amount
thus specified will be expended—the word “average”’ can
only be considered as indicating the expectation of the
legislature that the sum expended in some years might ex-
ceed twenty-five thousand dollars—the word was used in
order to give the managers authority, in case a sum less
than $25,000 were expended one year, to expend just so
much more the next, and vice versa. No doubt, we think,
can be entertained that the framers and enactors of the law
expected that about $200,000 would be expended ‘“ for the
gradual formation of a library, composed of valuable works
pertaining to all departments of human knowledge,” in
eight years. If the law does not contemplate that the an-
nual expenditure for the formation of a library shall be
something like $25,000, any other figures might as well
have been used. If the administrators of the law are at
liberty to spend as little as they please for a library, in the
face of the sum thus indicated in the law, they would have
been equally at liberty whatever sum might have been
named, whether $30,000 or $40,000. In other words, if
the clause of the act under consideration can be construed
as justifying an annual average expenditure for the gradual

THIRTY-THIRD CONGRESS, 1853-55. 597

formation of a library of less than $2,000, any intermediate
sum between that and the entire income of the fund would
have been of equal authority and significance, as indicating
the intention of the legislature, whichever of the said inter-
mediate sums might have been inserted in the act. That is
to say—those who maintain that the language and design
of the act are carried out by expending less than $2,000
annually for books, assume and assert that it would not
have altered the sense of the act had $2,000 or $10,000 or
$40,000 been the sum actually named in it, instead of
$25,000!

The ninth section of the act is as follows :

“And be it further enacted, That of any other moneys which have ac-
crued, or shall hereafter accrue, as interest upon thesaid Smithsonian fund,
mot herein appropriated, or not required for the purposes herein provided,
the said managers are hereby authorized to make such disposal as they shall
-deem best suited for the promotion of the purpose of the testator, anything
herein contained to the contrary notwithstanding.”

The discretion allowed to the managers in the latter part
of this section must be considered as limited, in some sense
by the word ‘ other,” applied to ‘‘ moneys,” and more defi-
nitely and more absolutely by the clauses, “not herein ap-
propriated,” and “not required for the purposes herein pro-
vided.”’

The meaning of the ninth section seems to us to be simply
this—that if, after all has been done required by the forego-
ing provisions of the act, that is, for the maintenance and
preservation of a geological and mineralogical cabinet, a
laboratory, library, gallery of art, lecture room, lectures,
the purchase of books on the scale indicated in the eighth
section, and the discharge of all current obligations, an
unexpended balance of the annual income remains, the

managers may do with it just what they please; may ex-
pend it upon books if they like, even although the expendi-
tures for that object may have already reached the assigned
limit, or upon any objects not named or alluded to in the
act, if, in their judgment, “suited for the promotion of the
purpose of the testator.”

The committee are wholly unwiiling to enter at all into
the discussion of the private grievances, or personal contro-
versies, or official misunderstandings which were brought
before them in the course of the investigation. They regard
the evidence that was educed on these matters as important
only because it illustrates the difficulties encountered in
administering an institution of this sort upon the plan that
has been attempted. They are particularly desirous to have
at understood that they attach no blame to any person, in

598 CONGRESSIONAL PROCEEDINGS.

any quarter; the evils are the result of the system. At the
same time they do not cast blame or censure of any sort
upon those who suggested, and have labored to carry out,
that system. The design was, in itself, commendable and
elevated. It has, unquestionably, been ‘pursued with zeal,
sincerity, integrity, and high motives and aims, but it is,
we think, necessarily surrounded with very great difficul-
ties.

There is nothing in our constitutional system that au-
thorizes this Government to enter the sphere of literature
and science. Education is left tothe States. This Govern-
ment cannot, without violating the’ principles on which it
rests, become, directly or indirectly, through its official
agents or in the expenditure of funds, a censor of any de-
partment of the press, an arbiter of science, or a publisher
of works of mere literature or philosophy any more than of
morals or theology.

No amount of money that could possibly be raised would
enable this Government to perform these functions, with a
just, equal, and liberal hand, for the benefit of all depart-
ments of knowledge. Of course, it has no right to make
discriminations; not only natural bistory and_ physical
science, but every branch of learning and inquiry has a
right to demand patronage, if it is extended to any. What-
ever project in this line may be attempted will be found
surrounded with insuperable embarrassments. If, for in-
stance, the funds of the Smithsonian Institution should be
appropriated in the manner proposed in the petition from
citizens of Missouri, referred to this committee, for the
preparation and distribution of a monthly report of the
general progress of knowledge, who shall write those re-
ports? To what school of philosophy, or medicine, or pol-
itics shali he belong? Shall he confine himself, as the
Smithsonian Institution has, for the most part, very wisely
done, to particular provinces of natural science, to reptiles,
defunct species of animals, mathematical and astronomical
computations and researches, to aboriginal antiquities and
the glossaries of vanishing tribes of ‘Indians, or shall he
rise above dead and brute nature, and treat the subject of
MAN, of civil society, of government, of politics, and reli-
gion? If he confines himself to the former, not one in ten
thousand of the people will be interested or satisfied; if he
attempts the latter, he is on forbidden ground, and cannot.
escape being torn to pieces by parties, sects, and sections.

Moving in the most cautious manner, acting within the

T HIRTY-THIRD CONGRESS, 1853-55. 599

most limited sphere, grudges are multiplied, jealousies en-
gendered, resentments kindled, and compiaints encountered
in all directions. Authors whose pieces are rejected will be
likely, in the course of time, to outnumber those who are ad-
mitted to the favored circle; one man has the gratification of
seeing his works printed, at the public charge, in a splendid
style, and circulated, without trouble or expense on his part,
to all the learned societies and persons of Christendom, and
of feeiing that a world-wide reputation is secured to him;
but others, whose treatises have been condemned by a se-
eret tribunal, and returned with the stigma of rejection,
are brooding in sullen, or breaking out in vehement resent-
ment and indignation.

Men of genius are sensitive—scientific authors and discoy-
erers particularly so. To attain to great excellence in any
department, it must be studied and prosecuted with exclu-
sive and all-absorbing zeal. There is a divinity in truth,
and whoever attains any portion of it is prone to worship it
with a concentrated devotion, and to cherish it as more pre-
cious than all things else. However minute the objects, or
narrow the provinces, or apparently useless the results of
the researches of the man of science, he is wholly wrapt up
in them, and feels, to his very heart’s core, that nothing
transcends them in importance. This makes him sensitive
to reputation, tenacious of rights, and morbidly alive to any
encroachment upon his labors or attainments. No office is
more thankless than to attempt to arbitrate the differences
of men of science—no offence more keenly resented than
to discredit their claims or slight their productions. Itisa
curious circumstance, and most instructive in this connec-
tion, strikingly illustrating the fact we are presenting, that
James Smithson, who was a fellow of the Royal Society, had
made a will, leaving his whole fortune to that institution,
which had honored many of his productions by publishing
them in its Transactions. At length, certain papers offered
to them for publication were refused. Under the sting of
resentment and wounded pride, he changed his will, and left
his fortune to the United States of America. In this way a
harvest of dissatisfaction and animosities is constantly ma-
turing. Patronage in politics is the fatal bane of parties.
In literature and science it works disastrously, in all direc-
tions—upon him who dispenses, upon those who receive,
and upon all from whom it is withheld.

The organization of the Smithsonian Institution is as fol-
lows:

600 | CONGRESSIONAL PROCEEDINGS.

The ‘“‘ Establishment,’’ by the name of the ‘‘Smithsonian Institution.””

FRANKLIN Pierce, President of the United States.

, Vice President of the United States.
WiiiramM L. Marcy, Secretary of State.

JAMES GUTHRIE, Secretary of the Treasury.
JEFFERSON Davis, Secretary of War.

James C. Dossin, Secretary of the Navy.

JAMES CAMPBELL, Postmaster General.

CALEB CUSHING, Attorney General.

Ro@eR B. Taney, Chief Justice of the United States.
CHARLES Mason, Commissioner of Patents.

Joun T. Towers, Mayor of the city of Washington.

HONORARY MEMBERS.

Robert Hare, WASHINGTON IRVING, BENJAMIN SILLIMAN, PARKER
CLEAVELAND.

BOARD OF REGENTS.

, Vice President of the United States.

Rocer B. Taney, Chief Justice of the United States.

Joun T. Towers, Mayor of the city of Washington.

JamMrs A, PEARCE, member of the Senate of the United States.
James M. Mason, member of the Senate of the United States.
StepHEN A. DoucGuLas, member of the Senate of the United States.
WitiiaAM H. ENGLISH, member of the House of Representatives.
Davip Stuart, member of the House of Representatives.

JAMES MEACHAM, member of the House of Representatives.

, citizen of Massachusetts.

GIDEON HAWLEY, citizen of New York.

J. MacpHEeRSON BERRIEN, citizen of Georgia.

RicHarvD RusH, citizen of Pennsylvania.

ALEXANDER D. BacuE, member of the National Institute, Washington.
JosepH G. Torren, member of the National Institute, Washington.

The active government of the Institution is in the hands
of the following officers and committees :

FRANKLIN PIERCE, ex-officio Presiding Officer of the Institution.
Roger B. Tanry, Chancellor of the Institution.

JosEPH Henry, Secretary of the Institution.

, Assistant Secretary, in charge of Library.

Spencer F. Barry, Assistant Secretary, in charge of the Museum.
ALEXANDER D. BacuE,

JamzEs A. PEARCE, } Executive Committee,

JosErpH G. TorTrTEen,

RicHARD KUSH, }

; aa 3
wae. H. Blue Building Committee.

JosEPH HENRY,

W. W. Seaton, Treasurer.

The committee feel it their duty to submit a few remarks
in relation to this organization.

It appears by the evidence that so much of it as is called
the “‘ Establishment” has never performed any part what-
ever in the administration of the Institution. It is obvious
that those regents who reside at a great distance from Wash-
ington can have but little to do with its management. Those

THIRTY-THIRD CONGRESS, 1853-55. 601

of them who are members of the Senate or House of Repre-
sentatives, unless their residence, during the recess of Con-
gress, is in the vicinity of Washington, cannot be expected,
for the most part, to have that influence over its operations
which those who reside permanently at the seat of govern-
ment, or in its immediate vicinity, will more naturally exer-
cise. The Executive Committee is the body in which the
government substantially exists.

It may well be questioned whether it is expedient to sur-
round such an institution with an array of high official dig-
nitaries. Their great offices and characters are committed
to all the proceedings of the institution, while it is impossi-
ble for them to give much time and attention to their exam-
ination. When the venerable Chief Justice of the United
States, after hearing both parties and a thorough scrutiny
ot the merits of all questions involved, and in the exercise of
the high function to which his life is consecrated and set
apart, pronounces a solemn judgment from the bench, we
bow to his learning and wisdom; but it may, perhaps, be
doubted whether it is expedient to attempt to make him re-
sponsible for all the doings of an institution entirely out of
the sphere of his duties and pursuits, and with whose oflicers
he cannot have much communication. As it has been as-
certained that the institution is not a corporation, and its
anomalous character in that respect may give rise to per-
plexing and unforeseen difficulties that will reach the legal
tribunals, it may well be questioned whether that august
judicial personage ought to be mixed up at all with its busi-
ness details.

If the institution could be organized in a simpler form,
and its secretary made the head of a bureau in the Depart-
ment of the Interior, and subject, like other heads of bureaus,
to the Secretary of the Interior, he might pursue substantially
the same course as at present, if that should continue to be
thought advisable, with a clearly ascertained line of duty
and responsibility, and a full adjustment of all his relations,
above to the head of the department, around to his asso-
ciates, and to all subordinates of every grade. This, how-
ever, we desire to have considered as a mere suggestion,
made in passing. If all other plans are found defective,
and beset with inconveniences, this may, at some future
day, be tried in the last resort.

Whatever arrangements may be made for the administra-
tion of the institution, it is of extreme importance that the
relations among the several officers attached to it be defined
and settled by law, or, at any rate, by by-laws. In every

602 CONGRESSIONAL PROCEEDINGS.

organization to which several officers are attached such a
provision is highly desirable, but pre-eminently so where the
said officers are gentlemen of scientific and literary attain-
ment and reputation. The spirit of self-respect and a sen-
sitiveness to personal rights prevail nowhere with greater
keenness and intensity than in the republic of letters.

The Smithsonian Institution stands on a different footing
from any in this country, and, in some particulars, especially
in regard to the peculiar character of our Government, in
any other country. In some leading features it, perhaps,
bears a closer resemblance to the British Museum than to
any other. The recent history of that institution may, per-
haps, be found instructive to us.

The British Museum was founded about a hundred years
ago, upon the conditional bequest by an individual of prop-
erty less in amount than the bequest of Smithson. It has
since received some two millions of pounds sterling of the
public funds.

Within the last twenty years there have been two select
committees of the House of Commons and one royal com-
mission appointed to inquire into the condition, manage-
ment, and affairs of this institution.

Its government is vested in a board of trustees, in num-
ber forty-eight, one of whom (fH. R. H. the Duke of Cam-
bridge) is directly named by the crown, twenty-three are
regents ex officio, nine are named by the representatives or
executors of parties who have been donors to the institution,
and fifteen are elected. J

The following is a list of the trustees:

EX OFFICIO.

The Archbishop of Canterbury, the Lord Chancellor, the Speaker of the
House of Commons, principal trustees; the President of the Council; the
First Lord of the Treasury; the Lord Privy Seal; the First Lord of the
Admiralty ; the Lord Steward; the Lord Chamberlain; the Colonial Sec-
retary of State; the Foreign Secretary of State; the Home Secretary of
State; the Bishop of London; the Chancellor of the Exchequer; the Lord
Chief Justice of the Queen’s Bench; the Lord Chief Justice of the Common
Pleas; the Master of the Rolls: the Attorney General; the Solicitor Gen-
eral; the President of the Royal Society; the President of the College of
Physicians ; the President of the Society of Antiquaries; the President of
the Royal Academy.

FAMILY TRUSTEES.

The Earl of Cadogan, Lord Stanley, Sloane family ; George Booth Tyn-
dale, Esq., Rev. Francis Annesley, Cotton family; Lord H. W. Bentinck,
the Earl of Cawdor, Harlein family; Charles Townley, Esq., Townley
family; the Earl of Elgin, Elgin family; John Knight, Esq., Knight
family.

ELECTED TRUSTEES.

The Earl of Aberdeen; the Earl of Derby; the Duke of Rutland; the

Marquis of Lansdowne; Sir Robert Peel, bart.; the Duke of Hamilton;

a At ES.

THIRTY-THIRD CONGRESS, 1853-55. 603

Sir Robert H. Inglis, bart.; Henry Hallam, Esq.; William R. Hamilton,
Esq.; the Duke of Sutherland ; the Right Hon. T. B. Macaulay; William
Buckland, D. D., Dean of Westminster; the Right Hon. Sir David Dun-
das; the Right Hon. H. Goulburn; the Marquis of Northampton.

Complaints against the management of the institution
became so prevalent that, notwithstanding the mighty array
of elevated functionaries and illustrious literary and scien-
tific persons behind which it was entrenched, it became
necessary for the House of Commons to turn its attention
to it.

On the 27th of March, 1835, it was ordered in the House
of Commons, ‘that a select committee be appointed to in-
quire into the condition, management, and affairs of the
British Museum,” with power to send for persons and papers.
The committee consisted of thirty-three, including many of
the leading men of the House.

The committee held nineteen meetings, and on the 6th of
August, 1835, reported a mass of testimony making a folio
volume of 628 pages.

On the 11th of February, 1836, the subject was again taken
up, and became the occasion of a debate. Among other
complaints made by members, it was aflirmed that the state-
ment made by Sir Humphry Davy was correct, “that the
Archbishop of Canterbury, the Lord Chancellor, and the
Speaker of the House of Commons were considered as the
real acting governors of the institution.” A new committee
of fifteen was appointed, composed of distinguished persons,
and authorized to send for persons, papers, and records. It
held twenty-eight meetings, and reported to the House of
Commons on the 14th day of July, 1886. Certain improve-
ments were made in the condition of the institution, as the
result of these parliamentary proceedings.

The public mind seems to have become again excited on
the subject, by complaints arising from the community and
from officers of the institution; and in 1847 a royal commis-
sion was formed, consisting of four noblemen and eight com-
moners, all eminent persons. They prosecuted their re-
searches with great diligence, and the result of their labors,
in 1850, was a folio volume of more than 1,000 pages. The
whole number of questions and answers is 10,933. The
chairman of the commission was the Earl of Ellesmere. He
presented an elaborate, full, and independent report. One
or two extracts may be read with advantage by those who
have the management of literary and scientific institutions:

‘‘Such a board of trustees, to any one who considers the individuals who
compose it, with reference to their rank, intelligence, and ability, would
give assurance rather than promise of the most unexceptionable, and, indeed,

604 CONGRESSIONAL PROCEEDINGS.

wisest administration in every department. High attainments in literature
and in science, great knowledge and experience of the world and its affairs,
and practiced habits of business, distinguish many of them in an eminent
degree; and it would be unjust either to deny the interest which all of them
feel in the prosperity of the institution or refrain from acknowledging the
devoted services which some of them have rendered in its administration.
But, on the other hand, absorbing public cares, professional avocations, and
the pursuits of private life, must, in many instances, prevent those indi-
viduals whose assistance might have been best relied on from giving any-
thing like continued attention to the affairs of the institution.”

While the report alludes, in the above language, to the
inability of such official persons, in general, to attend with
sufficient particularity to any extra business incidental to
affairs out of the sphere of their more appropriate duties,
it makes an exception in favor of the Archbishop of Canter-
bury, who, in the words of the report, “gave to its affairs
more time and attention than we could have supposed it
possible for a person the most active to have spared from
his momentous and sacred duties.”

The commissioners dwell at length upon the fact that the
trustees were not in the habit of communicating directly
with any other officers of the institution but the secretary,
as in the following passage:

‘‘ The secretary attends all the meetings, and the officers of the establish-
ment, generally, are perfectly aware of the extent of his influence and con-
trol over the business, while he has no direct responsibility for the conduct
or actual state of any department.

‘‘ There may be many cases, certainly, in which it is not expedient only,
but necessary, that the bourd should deliberate in the absence even of the
principal librarian, or of the heads of departments; but there must be ex-
ceptional cases, and considering the persons who are heads of departments,
and the knowledge and ability by which they are and ought to be distin-
guished, it seems impossible to suppose that the trustees would not derive the
greatest assistance from immediate, full and unreserved communication
with them on questions arising in the administration of their respective
departments. We find, however, there is scarcely one of the highest officers
of the institution who has not complained of systematic exclusion from the
board when the affairs of his department are under consideration, as equally
disparaging to himself and injurious to the interests of the department,
giving no opportunity of explaining their reports or meeting the objec-
tions and criticisms to which they may have been subject; and their own
absence, joined to that of the principal librarian, leaves them under the
painful but natural impression, where their suggestions are disallowed, that
the interests with which they are charged have not been fully represented,
‘We cannot but ascribe to this cause the unfortunate and unseemly jealousies
which the evidence shows to have long existed among the principal officers
of the museum; their distrust in the security of the means by which they
communicate with the board, their misgivings as to the fullness and fairness
of the consideration which their suggestions receive, and their feelings of
injustice done to their own department, arising, it may be, from an over
zeal for its interests or over estimate of its importance.

Finally, they use this language in reference to what they

judge to be the too overshadowing power allowed to the
secretary by the trustees:

THIRTY-THIRD CONGRESS, 1853-55. 605

“From his control of the business, constant intercourse with the trustees,
and attendance at all their meetings, he has arisen to be the most important
officer in the establishment, though without that responsibility which at-
tuched to the principal librarian and the heads of departments. The in-
fluence possessed by this officer in the affairs of the museum has followed
the usual course where the secretary is permanent, and where the adminis-
trative board is fluctuating, and must depend mainly upon the secretary for
the information required in the dispatch of ordinary business.’’—( Report
of Commission. )

The case of the British Museum confirms the conviction
that whatever power is lodged in the secretary—and we do
not advise to encroach upon or to diminish his authority—it
is all-important to have it defined and guided, and guarded
by express regulation. Gentlemen of education and refined
sensibilities will be willing to conform to rules in the shape
of law, but will always reluct against and resent the exercise
of absolute and unrestrained power. Every American heart
instinctively resists arbitrary authority; no reasonable mind
objects to conformity to established regulations, and obedi-
ence to defined, permanent, and uniform rules. Beyond
those rules the rights of a subordinate officer are as perfect
as those of any other man. Within them he feels that it is
no degradation to obey. It is not at all improbable that
many of the difficulties that have been encountered in the
British Museum and in the Smithsonian Institution have
arisen not so much from lodging too much power in the
secretary as from the absence of by-laws fully defining the
powers, duties, and relations of all the officers employed in
them. The committee is particularly desirous to have it
understood that they feel justified in expressing a very de-
cided opinion that the difficulties that have arisen, and which
the evidence sufficiently discloses, in the bosom of the insti-
tution, and the dissatisfaction that may exist in some por-
tions of the community, may safely be attributed to the
causes just mentioned, and not in the least to any want of
fidelity or zeal on the part of its managers.

As it respects the general policy advocated by the friends
of a library to make it the prominent feature of the Smith-
sonian Institution, the committee are of opinion that the
funds of the institution are sufficient to accomplish that ob-
ject at a more rapid rate of gradual accumulation than here-
tofore, without essentially impairing the usefulness and
efficacy of the policy pursued at present by the managers.
Active operations, original researches, and the publication
of scientific treatises, if the whole income were consumed
in them, would have to be confined far within the limits of
what would be desirable. A limitation must be suffered at
some point within the income; and the satisfaction of the

606 CONGRESSIONAL PROCEEDINGS.

country is of greater importance than a few thousand dol-
lars, more or less, expended in either direction.

But a few words are needed to do justice to the value of
a great universal library at the metropolis of the Union.
Every person who undertakes to prepare and publish a book
on any subject will be found to bear testimony to the need
of such a library. The great historians and classical writers
of the country have to send abroad, often to go abroad in
person, in order to obtain materials for their works. All
literary men are eager to inspect catalogues and explore
alcoves in the prosecution of their favorite departments,
and there is no direction in which they are more tempted
to drain their generally quite moderate resources than in
the purchase of books. Such a library as would be accum-
ulated by an appropriation of $20,090 annually for twenty
years, judiciously expended, would be frequented by schol-
ars and authors in much larger numbers than persons not
acquainted with their wants will be likely to suppose. In
half a century it would give to America a library unequaled
in value, and probably in size, in the world.

There is a special reason why such a library should be
provided at this seat of the Federal Government. The an-
nals of all other countries, running back into the past, are
soon shrouded in fable or lost in total darkness; but ours,
during their whole duration, are within the range of un-
clouded history. The great social, moral, and political ex-
periment here going on, to test the last hope of humanity,
is capable of being described in clear and certain records.
The history of each State and Territory can be written on
the solid basis of ascertained facts. In each State and Ter-
ritory there are, and, from the first, have been, many per-
sons who are preparing, and have published, works illus-
trative of the entire progress of those respective communi-
ties. In local histories, commemorative addresses, and the
vast variety of productions of this sort, our literature is rich
and ample beyond that of any other people. There is no way
in which the patriotism and virtue of a people can be so
effectually fostered and strengthened as by cherishing in
their breasts an interest in their ancestry, in the incidents
that have marked the fortunes of their States, their towns,
and the scenes of their residence—the transmitted reminis-
cences of their homes and firesides. It would be a great
and a good thing, could there be collected in a national
library, in distinct alcoves, all valuable publications illustrat-
ing the history of the several States of this Union. Differ-
ent processes of legislation, and various social and_ political

eS ea

THIRTY-THIRD CONGRESS, 1853-55. 607

influences, have operated upon them severally, and the
records of the results ought to be here for the inspection
and instruction of the representatives of the people them-
selves, and of the whole world.

But, if every other description of books is avoided or
crowded out, there is one which surely ought not to be.
If the resources of the institution are to be exclusively or
mainly devoted to science rather than to general literature
and knowledge, it ought, at any rate, to have within its
walls a perfect and universal library of science and art—
not merely modern science and recent researches, but all
the publications, of all ages and all countries, that illustrate
the progress of science, as such. If we cannot have a uni-
versal library, give us, at least, a scientific library such as
no other nation can boast.

One advantage of a liberal expenditure for a library, not
to be thought lightly of in a government resting entirely on
popular opinion, is that it results in something that shows
for itself; the people can see in it what has become of the
money. It would forever grow before their eyes, and, in
all coming generations, from its unapproached and ever ex-
panding magnitude, would be an object of perpetually in-
creasing national pride. Under the present policy the funds
disappear, as they are expended, however salutary their
application may have been, and the only monuments are a
few volumes, admirable no doubt in their form and sub-
stance, highly appreciated by scientific societies at home and
abroad, but never seen by the people.

The short time allowed them, the necessary consequent
inadequateness of their investigations and deliberations,
and the impossibility of any legislative action by this Con-
gress, restrain the committee from reporting any bil! to the
House; but, in view of all circumstances, as a measure of
peace, as a mutual concession, which in such a matter is the
only way of settling a difficulty, they would express their
conviction that the compromise adopted at an early day by
the Board of Regents ought to be restored, and that all de-
sirable ends may be ultimately secured by dividing the in-
come equally between the library and museum on one part,
and active operations on the other.

The only other suggestion the committee have to make
is the expediency, in order to avoid all embarrassment in
future, to have each division of the institution placed under
its proper and distinctive head. Let the secretary have
charge of the active operations, preside over the scientific

608 CONGRESSIONAL PROCEEDINGS.
researches, and direct the publications. Let the librarian
have charge of the library and museum. If the two depart-
ments are thus separated, and placed under the control of
well-devised and clearly defined regulations, never interfer-
ing with each other, but working freely and harmoniously
in their respective spheres, each principal responsible only
for his own province, and subject alike to a common head,
whether the Secretary of the Interior ora Board of Regents,
the institution would, we think, be found to work most
auspiciously, and produce the best and greatest results.

Mr. Wa. H. Wirtz, of Penn., from the Select Committee,
made the following report :

The Select Committee, to whom was referred the letter of
the Hon. Rufus Choate, resigning the oflice of regent of
the Smithsonian Institution, also the resolution thereon
to inquire whether the Smithsonian Institution has been
managed and its funds expended in accordance with the
law establishing it, and whether any additional legisla-
tion be necessary to carry out the design of its founders,
report—

[Mr. Natu. G. Taytor, of Tenn., concurring; and Mr.
Ricuarp C,. Puryear, of North Carolina, and Mr. Dan-
tEL Wetts, of Wisconsin, although not dissenting from
all the views, preferred not to sign either this report or
the report made by Mr. Upham alone. ]

That they have made a patient examination of the insti-
tution, and have concluded that there is no just cause of
complaint against the regents or the secretary, in regard to
the construction of the act of Congress establishing the in-
stitution, and the plan of organization adopted by the
regents, or the manner in which its affairs have been ad-
ministered. The subjects included in the resolution may
be appropriately arranged under the following heads:

1. The proper construction of the act of Congress estab-
lishing the institution.

2. The plan of organizing and administering the affairs of
the institution adopted by the regents in pursuance of the
law.

3. The question whether any new legislation is necessary.

4. The administration of this plan by the regents and
secretary.

THIRTY-THIRD CONGRESS, 1853-55. 609

Of these the committee will treat in the order in which
they are stated :

1. The proper construction of the act of Congress.

The question whether the bequest of Mr. Smithson should
be applied chiefly to the formation of a great national libra-
ry, or to researches for the increase of knowledge, and the pub-
lication and circulation of their results, for its diffusion among
men, divided the opinion of the members of the Board of
Regents at their first meeting. These differences of opin-
ion were compromised at the organization of the institution
by a resolution, which the regents have lately repealed.

That resolution provided, prospectively, and, on a contin-
gency—which may be said to have just occurred, (the com-
pletion of the Smithsonian building)—for an equal division
of the fund committed to the care of the Board of Regents
between the two objects above stated: a national library,
museum and gallery of art on the one hand, and researches,
publications and lectures on the other.

This compromise resolution has been repealed by the
Board of Regents during their present session, and instead ~
of it they have adopted the following:

“Resolved, That hereafter the annual appropriations shall be apportioned
specifically among the different objects and operations of the institution in
such manner as may, in the judgment of the regents, be necessary and
proper for each, according to its intrinsic importance, and a compliance in
good faith with the law.”

The adoption of this resolution was followed by the resig-
nation of Mr. Choate, one of the regents, and in his letter
of resignation, addressed to the Speaker of the House, he
assumes that the act of Congress presented a rule of appro-
priation which is set aside by the resolution. Whether the
Board of Regents or Mr. Choate are right in this respect
must be determined by a reference to the act of Congress.

When it had created the institution, given it a corporate
name, invested it with certain powers, subjected it to specific
restrictions, provided for the erection of a suitable building,
and directed an annual appropriation not exceeding $25,000
for the gradual formation of a library, it proceeded to de-
clare that of any other moneys accrued, or to accrue as interest
on the fund, not otherwise appropriated nor required for the
purposes therein provided, the managers were thereby “‘au-
thorized to make such disposal as they shall deem best suited
for the promotion of the purposes of the testator, anything
therein contained to the contrary notwithstanding.”

Beyond any reasonable controversy, here is a discretion-
ary and controlling power given to the Board of Regents

39

610 CONGRESSIONAL PROCEEDINGS.

over the whole income of the fund, except only such portion
of it as had been appropriated, or should be required for
purposes provided by the act. To determine the extent of
this discretionary power, it becomes necessary then to ascer-
tain what appropriation had been made, and what purposes
were provided by the act.

It directs the selection of a lot and the erection of a suit-
able building, but does not limit the amount of expenditure,
nor make any appropriation for it. It provides ‘that in
proportion as suitable arrangement can be made for their
reception,” the several objects specified in the 6th section
shall be delivered to the order of the Board of Regents, and
requires the arrangements and classification of them.

It directs the regents to appropriate ‘from the interest of
said fund a sum not exceeding an average of $25,000 annually
for the gradual formation of a library,” and then places the
whole residue of the increase of the fund at their disposal.
Can this be doubted? For the various purposes provided
by the act no appropriations are made. The library forms
the only exception, and the sole limit of the discretionary
power of the regents over appropriations for a library is
that they shall not exceed an annual average of $25,000.
Within that limit their discretion is full and entire. Sup-
pose any appropriation made in any given year for the
gradual formation of a library, can any one doubt that the
regents have the power to make such an appropriation or so
to limit it? And is there any reason why they might not
limit the appropriation toastill smallersum? They might,
indeed, be liable to the charge of evading the law, if those
appropriations were for mere nominal sums, so that in the
course of a series of years no sensible progress could be
made in the gradual formation of a library. But this is an
extreme case, from which no argument can be drawn against
their discretion to limit the appropriation for a library, while
intending in good faith to provide for its gradual formation.

Then suppose them to apply an amount suflicient to meet
all the expenses necessarily resulting from the provisions of
the act, still there would remain a considerable sum not ap-
plied to any purpose. Ifthe Board of Regents believe that
its application to scientific researches and their publication
be “best suited for the promotion of the purposes of the
testator,’ can it be doubted that they would have the right
so to apply it?

The ninth section of the act gives this power in full.
When they have met the current expenses of the institu-
tion, from time to time made the necessary appropriations

THIRTY-THIRD CONGRESS, 1853-55. 611

for the buildings in process of erection, and, exercising their
discretion within the limit prescribed to them, have made
an annual appropriation for a library, what remains is
placed at their ‘disposal,’ to promote the purposes of the
testator by the use of such means as “they (the Board of
Regents) shall deem best suited” to accomplish this object.
In construing the act of Congress the committee contine
themselves to the act itself—to the plain import of the terms
in which it is expressed, and to the necessary results of the
provisions which it contains. They do not resort to what
is called its parliamentary history. The reported speeches
of members upon the bill while pending in Congress, and
even votes upon amendments made or rejected, do not
answer this purpose. The first only disclose the individual
opinions of the speakers—the second frequently do not ex-
hibit the object of those who voted for or against the par-
ticular amendment. A speech made by one member is
often at variance with the views of those who unite with
him in voting for a particular provision. They frequently
sustain it on other and different grounds. So too the ma-
jority or intermediate vote is frequently composed of the
friends and opponents of the bill; the latter advocating a
particular amendment with the hope and in the belief that
it will prove an incumbrance to the measure in the view of
some of its advocates, and thus contribute to its defeat; or
they may think that a particular proviso proposed to be
stricken out is unnecessary as being comprehended in some
other part of the act.

A careful scrutiny of the proceedings of the House of
of Representatives, while this law was pending before
them, would show how unsafe a guide the resort to the
parliamentary history of a bill would be in the ascer-
tainment of its true construction. This may reconcile us to
an adherence to those rules which the wisdom of ages has
devised for the interpretation of statutes. We are endeav-
oring to ascertain the powers and duties of the Board of
Regents, and to do this we seek to discover the true inter-
pretation of the act of Congress and the will of Mr. Smith-
son, which, taken together, confer their powers and pre-
scribe their duties. These two sources of power and duty
are spoken of as necessarily connected; for, although the
Smithsonian Institution was created by act of Congress, and
will cease to exist whenever Congress shall think proper to
repeal that act, yet both Congress and the institution, so
long as it continues to exist, are bound to carry the inten-
tion of the testator into effect.

612 CONGRESSIONAL PROCEEDINGS.

The trust has been accepted by Congress in behalf of the
United States, and the faith of the United States has been
pledged for its faithful execution “according to the will of
the enlightened and liberal donor.” While, therefore,
Congress, acting as agents of the United States, have the
power to divert the fund to purposes other than those which
may be according to “ the will of the liberal and enlightened
donor,” their right to do so can never be affirmed; and
though the Board of Regents cannot and do not claim a
right to place themselves in an antagonistical position to the
Congress of the United States, whose sub-agents they are,
yet in construing the act of Congress, if it will admit of two
constructions, one of which seems to be most conformable
to the purposes of the will of Smithson, the regents would
not hesitate to accept such construction in preference to the
other which does not conform to the will of the testator.
This is merely the application of a principle universally
recognized in the interpretation of statutes.

In the present case two constructions are given to the act
of Congress. If the Board of Regents consider one of them
to be more consonant to the purposes of Mr. Smithson’s
will, which was the source of the authority of Congress to
legislate on the subject for any purpose, it ought to be
adopted, since the act was passed evidently for the pur-
pose of carrying into execution “the will of the donor,”
and especially when this interpretation affects two provi-
sions of the act, which otherwise would be without object
or operation.

The committee will now proceed to inquire whether the
scientific researches, and the publication of their results,
are, in the language of the acts of Congress, ‘ best suited to
promote the purpose of the testator.” The question is
between such researches, made and published at Washing-
ton, or examined under the authority of the institution, and
circulated throughout the civilized world, and a great na-
tional library, to be established in this city. Mr. Smithson
was a scholar, a man of science, an author of scientific me-
moirs, a contributor to the Transactions of the Royal Society
of London, familiar with the language in which his will is
written, and perfectly competent to decide upon the apti-
tude of words to convey the ideas they were intended to
express.

It might well be expected that the language of such a
man would be characterized by simplicity, by the absence
of cireumlocution and periphrasis, which is well described
as the use of many words to express the meaning of one.

THIRTY-THIRD CONGRESS, 1853-55. 613

If he had intended to furnish to the people of the United
States, and especially to the citizens of Washington, a great
library, comprehending all that was then known in every
department of human knowledge and culture, he would
have said so in terms not to be misunderstood. The com-
mittee cannot doubt that if he had merely designed to pro-
vide for the purchase of books, to become, through the
agency of the United States, the founder of a library, he
would have used the simple language appropriate to such
an intention. He would have said: “I bequeath the whole
of my property, subject, &c., to the United States of Amer-
ica, to found, at Washington, a library, under the name of
the Smithsonian Library.”

it is difficult to believe that any man having such an ob-
ject in view would have abandoned the plain, simple, intel-
ligible language, in which no difference of construction
could, by any possibility, have arisen, and have substituted
for it the sentence which is found in his will, namely: “ To
found at Washington, under the name of the Smithsonian
Institution, an establishment for the increase and diffusion
of knowledge among men.”

Again, Mr. Smithson was, as the committee have before
said, a man of science, the author of scientific memoirs, a
member of the Royal Society, and a contributor to its Trans-
actions. What is more natural than that such a man should,
when about to pass away from the scene of action, dedicate
his property to the continued prosecution of those researches
to which his lite had been principally devoted. The words
of the bequest are strongly corroborative of this view. It
is for the *“‘ increase of knowledge,” not merely for the ac-
quirement of that which now exists. A library would sub-
serve the latter purpose, but could only indirectly aid in the
accomplishment of the former by enabling those who had
mastered its contents to do what the board is now doing,
namely—to prosecute researches for the increase of knowl-
edge. But the terms of the bequest require not merely that
it should be applied to the increase of knowledge, but also
to its diffusion, and to its diffusion AMONG MEN.

The benevolent purposes of Mr. Smithson were not lim-
ited to the citizens of Washington, nor yet to the people of
the United States. They had a far wider scope. A man
of science belongs exclusively to no particular country.
He is in one sense a cosmopolite, at home in all places
where the votaries of science dwell, and under every clime
they are the objects of his benevolence. They are men

614 CONGRESSIONAL PROCEEDINGS.

among whom he desires the increase and diffusion of knowt-
edge.

ica he has provided for this in his will. How could a
vast library established here accomplish this object? At
most it would be accessible to the people of Washington,
to casual visitors, and to those who came here for the pur-
pose of consulting its volumes. [Low infinitely short would
this fall of the purpose of the testator, which was first the
increase and then the diffusion of knowledge among men of
whatever country or whatever clime.

If a national library be a national want, who should sup-
ply it? Cannot Congress, which represents a population of
twenty-five millions, with resources almost incalculable,
and with a treasury not exhausted or impoverished, but
overflowing with revenue? Can it not spare out of this
abundance whatever may be necessary? Is it not now
supplying that want in the great library of Congress, to
which in the last three years they have appropriated more
than ninety thousand dollars? It is accessible now to every
scholar who may be at Washington, and will in a few years
be so increased under the policy of its present administra-
tion as to supply many of the wants of the student and the
scientific investigator. Shall a nation such as ours depend
for this national want upon the bounty of a stranger? The
generous impulse of the American heart will quickly
promipt the answer—no.

The resolutions of compromise, as they were called, to.
which the committee have before alluded, were repealed by
the Board of Regents before the period when by their terms
they were to go into operation. What has been already

said will show that the committee think that they were
properly repealed. Their effect was to tie up the hands of
the Board of Regents, to deny to the successors of those
who passed them the exercise of that discretion with which
the law invested the board, and thus to defeat the act of
Congress by taking away that discretion in regard to the
disposal of the fand which the law made it not only the right
but the duty of the regents to exercise. Nor can there “be
any breach of faith in this repeal. The faith which the re-
gents owe is to the law and to the purpose of the will of
Smithson, and any arrangement of their own which should
restrain them from promoting this purpose by the means
which they deem best suited to it, would itself, in the
opinion of the committee, approach more nearly to a breach
of faith.

The regents, by pledging their faith to one another, can-

THIRTY-THIRD CONGRESS, 1853-55. 615

not escape from the obligation to apply the funds at their
control to the objects which they deem best suited to pro-
mote the purpose of the testator. The act of Congress,
according to the plain import of its terms, authorizes the
Board of Regents to employ all moneys arising from the
income of the endowment not therein appropriated nor re-
quired for the purpose therein provided, in such manner as
they shall deem best suited for the “‘ purpose of the testator,”
namely, ‘the increase and diffusion of knowledge among
men,” and this authority is rendered incontestible, in the
judgment of the committee, by the concluding clause of the
section which empowers the Board of Regents to exercise
their discretion in the disposal of the surplus income, “ ANy-
THING HEREIN (the act of Congress) CONTAINED TO THE CON-
TRARY NOTWITHSTANDING.”

This grant of the power imposes the obligation to exer-
cise the discretion which it confers. Judicial tribunals
would never reverse the construction of a statute, the
terms of which were so plain and unmistakeable, by what
is at all times dangerous, a resort to speeches made by
a few of the lawgivers who framed it, or the votes of
members actuated by motives beyond the scrutiny of the
expounder. Looking, therefore, to the act of Congress it-
self, which, as was said by a Senator in a recent discussion,
is best construed by “ the examination and comparison of its
various provisions and the admitted purpose of its enact-
ment,” the committee found no difficulty in coming to these
conclusions on this point. They find in the law directions
to the Board of Regents to erect, on a liberal scale, a build-
ing in which can be arranged collections of natural history,
a geological and mineralogical cabinet, a museum, a library,
chemical laboratory, gallery of art, a lecture room; and, of
course, to use these various means of increasing knowledge in
the manner and for the purpose to which they are adapted,
and for which they are required. In effect the law says:
“All other portions of the income dispose of as you may
think best calculated to promote the purpose of the testator.”
A larger discretion can hardly be conceived. _ It is absolutely
unlimited in relation to every one of its objects except a
library, and to this the appropriations which the regents
are authorized to make are limited to a maximum amount
which they are not at liberty to exceed. It would seem to
be most singular, if this had been the primary and cherished
object of Congress that it should be the only one subjected
to such a limitation.

It might be thought, if this had been their primary pur-

616 CONGRESSIONAL PROCEEDINGS.

pose, that the restrictions would have been imposed upon
the appropriations for other objects, leaving that for the
library unfettered. If we turn from the act of Congress to
the will of Smithson to determine the manner in which the
trust should be executed, if we look to his antecedents and
find that he was himself a searcher into the mysteries of
nature which science is laboring to develope—not so much
employed in studying the pages of those who have written
as striving to read the unwritten pages of nature’s book—if
we consider the plain and obvious import of the simple
language in which his wishes are expressed, and contem-
plate the benefits to result from one or the other scheme of
appropriation which have been in controversy; if we con-
sider these things, we cannot doubt that it is both the right
and the duty of the regents, resulting from the will of Smith-
son and enjoined by the act of Congress, to appropriate such
portion of his funds as they can advantageously employ in
scientific researches and the publication and circulation of
the results “‘among men,” wherever men exist capable of
appreciating them, while, at the same time, they apply another
portion of the fund, according to a sound and honest discre-
tion, to the particular purposes specified in the act.

Thus they will not depart from any plan devised by Con-
gress and prescribed in the act, as Mr. Choate seems to have
erroneously supposed, but will fill up and develope that very
plan, of which only some of the outlines were sketched in
the law.

It would be impracticable, within the limits proper to this
report, to go into the examination of the minute outline of
erganization of the institution submitted to the Board of
Regents by the secretary, and approved by them. It will
be found printed in detail in the appendix to the eighth
annual report of the Smithsonian Institution, published by
Congress in 1804.

A brief notice of the plan and of its results is all that we
can here present.

The object of the plan is, first: To increase knowledge
by stimulating original research by the rapid and full pub-
lication of results; by aid in procuring the materials and
appliances for investigation; and, if necessary, by direct
rewards.

Experience has shown that no other means are so effective
in stimulating research as the rapid publication of results;
not in a stinted form of abstract, and without illustrations,
(too often the necessary condition of the publication of scien-
tific labors,) but in full, with illustrations drawn, engraved,

THIRTY-THIRD CONGRESS, 1853-55. 617

and printed in the best style of art. How many investiga-
tions are stopped for the want of instruments, of specimens,
and general appliances for research? How many are laid
aside, because, first of all, men must live? What more
noble or useful object for the Smithsonian Institution than
to remove these difficulties from the path of genius? What
more consonant to the intention of the founder: An expe-
dition is setting out, and instruments are required to investi-
gate the magnetism of the earth, the temperature of the
ocean, the climate, soil, and productions of places explored,
their latitudes and longitudes, heights, &c. These instru-
ments are lent or furnished by the Smithsonian Institution,
and the results obtained with them become public property.
Means are furnished to explorers to make collections of
minerals and ores; of plants and animals; of fishes, reptiles,
and insects; and to provide for their transportation from
the field. These collections are submitted to the most suc-
cessful cultivators of the branches of science to which they
belong; to men who have made these objects their especial
study, and their investigations are made public. The speci-
mens are returned to the Smithsonian collections to be taken
eare of, and, perhaps, to be re-examined at some more ad-
vanced period. By these and similar modes research is stimu-
lated. The provision of meteorological instruments, and of
instructions for their use; the collections of the observations
made, and their comparisons, have already furnished most
important information in regard to the climate and storms of
the United States, and the full publication of the results will
enable men of science, of this and other countries, to draw
from these materials most valuable inferences and laws.

2. To diffuse knowledge, by the publication of the contribu-
tions, from researches and explorations, of reports on treatises
on different subjects or branches of science and its applica-
tion, of reports showing the history and progress of these
subjects or branches, is the second object of the ‘ active
operations.” These publications diffuse among men the
knowledge obtained by the agency of the institution, or from
without. The subjects which have been already embraced
in the Smithsonian Contributions, and in the different volumes
of reports, &c., have been numerous and well distributed
among the various branches of knowledge, the abstract and
the practical. The publications are widely scattered among
the institutions of this and of other countries, given to them
or exchanged for their proceedings, transactions, or other
publications, and accessible at moderate rates to individuals.
Of the impression made abroad by the Smithsonian Contri-

618 CONGRESSIONAL PROCEEDINGS.

butions to Knowledge the learned Professor of Greek of
Harvard University [C. C. Felton] thus speaks:

‘‘ CAMBRIDGE, Mass., June 80, 1854.

‘‘T have but recently returned from Europe, and I now desire to ac-
knowledge the service you did me by your circular letter of introduction
to the librarians of the European establishments, which are in correspond-
ence with the Smithsonian Institution. Wherever I presented it I was
received with great kindness and attention, and had the opportunity of
seeing whatever was curious, interesting, and valuable, in the libraries and
collections.

‘‘ Tt gave me pleasure to notice the high estimation in which the Smith-
sonian Institution, under its present management, is held everywhere in
Europe. The volumes published under its auspices have done the highest
honor to American science, and are considered most valuable contributions
to the stock of kn»wledge among men. They are shown to visitors as
among the most creditable publications of the age, and as highly interest-
ing illustrations of the progress of science and the arts in the United
States ; and the eagerness to possess them is very great among the savans
of the Old World. They were shown to me wherever I went, and the
commendations bestowed on the civilization of America, as evinced by the
excellence of these works, both in matter and form, was deeply gratifying
tome. ‘The last time I had an opportunity of seeing them was in the uni-
versity library at Athens; the librarian pointed them out to me, and ex-
pressed the greatest anxiety to complete the set, one or two volumes of
which were wanting.”’

The publications thus approved bring to the Smithsonian
Institution a return of works published by the learned soci-
eties of the world and by governments such as could not be
procured in any other way, supplying the library with rich
productions of both literature and science. The gradual
formation of a valuable library would result from this
system of international exchanges even without direct pur-
chase.

The programme of organization of the institution and
its execution have met with the unqualified support of a
very large majority of the scientific and literary men of
our country, expressed individually or in the associations of
which they are members. This is general throughout the
Union, and from no quarter have more decidedly favorable
opinions been expressed than from that to which the regent
at whose instance this investigation has been made (Mr.
Choate) belongs. The committee must necessarily be brief in
its selections from the numerous letters and other commu-
nications before it. In speaking of the general considera-
tions proposed by Professor Henry as guides in adopting a
plan of organization, a committee of the American Acad-
emy of Arts and Sciences of Boston, say, that “‘ they com-
mand the entire assent of the committee,’ and proceed to
discuss favorably the various provisions for the increase and
diffusion of knowledge furnished by the programme. This

THIRTY-THIRD CONGRESS, 1853-55. 619

committee consisted of such scholars as Everett, Sparks,
and Longfellow, and such men of science as Peirce and
Gray.

Since the appointment of this committee Professor Peirce,
of Harvard University, has renewed his testimony to the
wisdom of the plan of organization, and has spoken further
in relation to the efficiency of its execution. In a letter
addressed to the chairman of this committee, he says:

‘« Of all men, none can be more sensible of the value of the great store-
houses of the wisdom of past ages than they who are obliged to resort to
them in the development of their own researches. The knowledge which
has already been given to the world, and which is accumulated in the library,
stimulates and invigorates the mind for original thoughts, and supplies im-
portant materials for investigation ; it is to the author what the collection
of models in the Patent Office is to the inventor; but, nevertheless, the in-
crease of knowledge depends chiefly upon the native vigor of intellect, and
its diffusion is performed by the press. To the strong mind the collections
of the Vatican are a golden opportunity, richer than the mineral harvest
of California; but not richer than the hills and streams which abound
within every man’s sight ; not richer than the stone beneath our feet, on
which is written the history of the world; than the leaf of the forest, on
which is inscribed the thought of its Creator; or than the cloud in the
lightnings of which the laws and the glory of God are as distinctly re-
vealed to the faithful of the present generation as they were upon Mount
Sinai.

‘‘ The valuable contributions to knowledge which have already been made
by the Smithsonian Institution, are a living proof that vast libraries are
not necessary to the development of new thoughts. If you will compare
these memoirs with the scientific productions of the same period in Europe,
you may find them perchance inferior in erudition, but not in profoundness
and originality of thought. Do you believe that Smithson, who was him-
self enguged in chemical investigations, could have intended a library by
his words ‘‘an institution for the inerease and diffusion of knowledge
among men?’ If you willexamine his nine memoirs to the Royal Society,
of which he was an active member, and his eighteen other contributions to
science, you will not find one of them which required a library for its pro-
duction. Each was the natural growth of adeeply thinking mind. Smith-
son was emphatically a maker and not a collector of books; and in the
scientific circle to which he belonged, the ordinary use of language would
have totally precluded the interpretation which some men of quite a differ-
ent cast of mind have presumed to impose upon his words. Expand his
largeness of expression to its utmost extent; include in it all that a gener-
ons mind like his own would desire it toembrace ; but let it not be cramped
and twisted out of shape, and so forced from its original design that it shall
wholly fai) to accomplish the object of the munificent testator.

Most earnestly, then, in the name of science, and especially of Ameri-
can science, do I protest against such a gross perversion of this important
trust. I assure you, sir, that the great body of scientific men throughout
the country warmly approve Professor Henry’s plan of conducting the
Smithsonian Institution, and regard it as a faithful exponent of the almost
undivided opinion of scientific and learned men as to the proper execution
of Smithson’s will and the law of Congress.

Professor Agassiz, also of Harvard University, Cam-
bridge, whose fame as a naturalist is second to that of no
man living, has given, in a letter to the chairman of the

620 CONGRESSIONAL PROCEEDINGS.

committee, the strongest expression of his favorable opinion
of the working of the institution. The committee has space
here only for an extract from the letter referred to :

‘‘Smitbson had already made his will and left his fortune to the Royal
Society of London, when certain scientific papers were offered to that
learned body for publication. Notwithstanding his efforts to have them
published in their Transactions, they were refused ; upon which he changed
his will and made his bequest to the United States. It would be easy to
collect in London more minute information upon this occurrence, and
should it appear desirable, I think I could put the committee in the way of
learning all the circumstances. Nothing seems to me to indicate more
plainly what were the testator’s views respecting the best means of promot-
ing science than this fact. I will not deny the great importance of libra-
ries, and no one has felt more keenly the want of an extensive scientific
library than I have since I have been in the United States; but after all,
libraries are only tools of a secondary value to those who are really en-
dowed by nature with the power of making original researches, and thus
increasing knowledge among men. And though the absence or deficiency
of libraries is nowhere so deeply felt as in America, the application of the
funds of the Smithsonian Institution to the formation of a library, beyond
the requirements of the daily progress of science, would only be, in my
humble opinion, a perversion of the real object of the trust, inasmuch as it
would tend to secure facilities only to the comparatively small number of
American students who may have the time and means to visit Washington
when they wish to consult a library. Such an application of the funds
would indeed lessen the ability of the Smithsonian Institution to accom-
plish its great object, which is declared by its founder to be the increase
and diffusion of knowledge among men, to the full extent to which they
may be spent to increase unduly the library.

‘« Moreover, American students have a just claim upon their own country
for such lecal facilities as the accumulation of books affords.

‘‘Tf I am allowed, in conclusion, to state my personal impression respect-
ing the management of the institution thus far, I would only express my
concurrence with the plan of active operations adopted by the regents,
which has led to the publication of a series of volumes, equal in scientific
value to any productions of the same kind issued by learned societies any-
where.

‘The distribution of the Smithsonian Contributions to Knowledge, has
already carried the name of the institution to all parts of the civilized
world, and conveyed with them such evidence of the intellectual activity
of America as challenges everywhere admiration; a result which could
hardly be obtained by applying the resources of the institution to other
purposes.’’

3. Additional legislation.

From what has been already said, it may well be inferred
that the committee have been unable to see anything either
in the provisions of the law, or the administration of the
institution which requires reform by additional legislation.
Indeed, they could not imagine on what ground additional
legislation could be demanded, if they had not been in-
formed by the Hon. Mr. Meacham, who presented the reso-
lution under which the committee was appointed. That
gentleman was invited to attend the meetings of the com-
mittee, was authorized to present charges and specifications
upon any branch of the subject referred to them, as also to

THIRTY-THIRD CONGRESS, 1853-55. 621

direct summons for witnesses, and to conduct the examina-
tion whenever he desired to do so. He pointed out only
two particulars as requiring additional legislation.

The first was, ‘‘ that additional legislation was needed to
secure impartiality towards authors who apply for the pub-
lication of their researches.” No instance of partiality or
injustice in this respect has been brought to the notice of
the committee by proof or by allegation. The idea seems
to have been advanced for the first time by one of the as-
sistants of the secretary, (Mr. Jewett,) in a communication
addressed to a special committee of the regents in the year
1854.

The argument there made by Mr. Jewett has been abbre-
viated by Mr. Meacham, and may be stated as objecting that
the power of accepting or rejecting a memoir presented for
publication is virtually in the hands of one man.

The practice of the Royal Society of London is stated as
being far preferable. On this point the committee would
remark that the same plan cannot be adopted by the insti-
tution because, as the committee has been informed, it has
no fellows from whom an examining council of twenty-one
members may be selected. And if the plan could be
adopted the committee do not think it as good as the one
which the regents have chosen. In the present state of
knowledge the several branches can scarcely be represented
by twenty-one individuals, and it may occur in case of @
particular paper that not a single member of the council is
fully competent to decide upon its merits. The institution
is not thus restricted ; it has at its command the learning
of the whole country, and is not even confined in its choice
of examiners to men of science at home, but can select
them from distinguished individuals abroad.

The rules adopted by the regents are in this respect few
and simple, and in the opinion of the committee suflicient.
They have provided in their programme of organization as
follows:

Ist. No memoir, on subjects of physical science, to be
accepted for publication which does not furnish a positive
addition to human knowledge, resting on original research;
and all unverified speculations to be rejected.

2d. Each memoir presented to the institution to be sub-
mitted for examination to a commission of persons of repu-
tation for learning in the branch to which the memoir per-
tains; and to be accepted for publication only in case the
report of this commission is favorable.

3d. The commission to be chosen by the officers of the

622 CONGRESSIONAL PROCEEDINGS.

institution, and the name of the author, as far as practicable
concealed, unless a favorable decision be made.

It will be perceived that there is nothing like a “star
chamber of science” in this part of the plan of the institu-
tion. The opinion of the commission is formed upon the
merits of the work or paper, and cannot be affected by par-
tiality for or prejudice against the author whose name is un-
known to them.

If any author should fecl himself aggrieved by the ap-
pointment of an incompetent or prejudiced commission, he
will have no difficulty in presenting a complaint to the
Board of Regents, by whom another commission may be
named. In fact, no well-founded complaint on this score
has yet been made so far as has been shown to this commit-
tee, and the danger complained of seems to them only
speculative and fanciful. The Board of Regents have full
power to remedy whatever may be wrong in the practical
working of this part of the plan, and it will be time enough
to ask the interference of Congress when the evils which
are now only conjectural shall be realized.

2d. Mr. Meacham suggests, ‘‘ that the institution should
be placed in such a position that legal redress may be
gained by those who are improperly deprived of their
rights.”

‘It is true that the institution is not a corporation capable
of suing or being sued. But no practical evils have as yet
resulted from the refusal of Congress to make the estab-
ment an incorporation. It is a peculiarestablishment. Its
operations are simple and few. Its contracts are such as
can seldom form the subject of controversy. If the institu-
tion should find necessity for legal redress, there is nothing
to prevent the President, who is a member of the establish-
ment, from directing a suit in the name of the United
States. If it denies legal rights to any officer or other per-
son, the same remedy exists as in any other case of claim
against the United States. No instance of a denial of legal
right has been shown to the committee. An attempt to do
so was indeed made on the part of an employee of the insti-
tution, who claimed to be entitled to larger compensation
than had been paid to him. But the attempt was a signal
failure. His own receipts contradicted his claims, and sat-
isfied the committee that he had been paid all he could
legally demand; and the assertion of extraordinary merit in
his labors, alleged as an equitable ground of claim, failed
when a resort was had to testimony other than his own.

THIRTY-THIRD CONGRESS, 1853-55. 623

The committee therefore conclude that there is no neces-
sity for additional legislation.

4, Maladministration.

The first 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 misap-
prehension of the act of Congress creating the institution,
and the proper relations of the secretary and his subordi-
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 Regents, in their report of the 20th of May Jast, as
follows :

‘<The law is declaratory and positive in charging the secretary with the
enumerated duties, and therefore invests kim, 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,’ &¢.

‘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 employ 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.

‘‘Tn 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 this

624 CONGRESSIONAL PROCEEDINGS.

connection they are spoken of as officers, but by no ingenuity of construc-
tien can that word, in this connection, be held to assign them special duties,
or confer any separate authority.

‘Thus careful has Congress been to provide an efficient system of opera-
tions, which can only come from harmony of purpose and unity of action.

‘‘This view of the intention of Congress, so clearly expressed in the law,
would be directly contradicted by the plan which has been suggested, of
organizing the institution definitely into several departments, placing at
the head of these departments different assistants, establishing their rela-
tive positions, prescribing distinct duties for them, assigning certain shares
of the income to be disbursed by them, and stating their authority, priv-
ileges, and remedies for infringement of their official rights, or of the inter-
ests intrusted to their care. All this would tend, not to secure a loyal and
harmonious co-operation, to a common end, of the assistants with the
secretary, but to encourage rivalry, to invite collision, to engender hostility,
to destroy subordination, to distract the operations of the institution, to
impair its efficiency, and to destroy its usefulness.”

This view of the question has been made very clear to the
committee in the course of the examination which they have
made, and by the testimony taken for the purpose of sup-
porting Mr. Meacham’s charges. <All the difficulties in the
institution which have resulted in the dismissal by the sec-
retary of one of his assistants and of a person temporarily
employed upon the meteorological computations, seem to
have arisen from the desire of independent positions, en-
gendering rivalry and hostility, producing collisions and
insubordination utterly incompatible with the proper au-
thority of the secretary and the harmonious action so neces-
sary to the welfare of the institution. The facts developed
in regard to those difficulties entirely satisfy your committee
that it is not desirable to have such by-laws as Mr. Meacham
thinks the regents should have made or procured.

If any just cause of complaint by the assistants against the
secretary should arise, they can at all times resort for redress
to the regents, by memorial or other proper form of appli-
cation, and the patience with which such an application,
although entirely without cause, has been heard by the
executive committee, to which it was referred, and con-
sidered by the regents, is quite sufficient to show how need-
less for the purpose any by-laws are.

It may be proper to say that the only section of the law
in which by-laws are mentioned is the 8th, which seems to
confer the power of enacting them upon the members of
the establishment, who are the President and Vice Presi-
dent of the United States, the members of the Cabinet, ex-
cept the Secretary of the Interior, (whose Department was
not created at the date of the act,) the Chief Justice of the
United States, the Commissioner of Patents, and the mayor
of Washington, with ‘such other persons as they may elect
honorary members.”

THIRTY-THIRD CONGRESS, 1853-55. 625

The regents have expressed the opinion that the secre-
tary has power to remove the assistants. This opinion is
expressed in the following resolution, adopted in July last :

Be it resolved, That while power is reserved in the said (7th) section to
the Board of Regents to remove both the secretary and his assistants, in the

opinion of the board power, nevertheless, remains with the secretary to re-
move his said assistants.

In this opinion the Chief Justice of the United States and
Mr. Berrien,who were absent when the resolution was passed,
afterwards expressed their full concurrence.

The committee cannot doubt that it was a sound opinion.
The law, as before stated, makes the secretary the sole ad-
ministrative officer of the institution. He, and he alone, is
keeper of the museum and librarian. The law puts all the
property of the Institution into his charge, and authorizes him
alone to appoint assistants to aid him in the discharge of the
duties devolved upon him. Had the act made no further
provision on this head, there could not be a doubt that the
power of removal would be in him; because it is an estab-
lished principle, that when the power to appoint is conferred,
the power of removal is incident to it, unless restrained by
some other provision. There is another clause in the same
section (7th) which applies as well to the secretary as to his
assistants, which provides that ‘‘the said officers shall be re-
movable by the Board of Regents, whenever, in their judg-
ment, the interests of the institution require any of the said
officers to be changed.”

Under this clause, the question arises, whether it restrains
the incidental power of the secretary to remove, or whether,
in addition to that incidental power, it gives as regards the
assistants, the authority of the board to make such removal.
Your committee think the latter the sound construction.
It does not restrain the power of the Secretary by express
words or by necessary implication. It is true that the
clause gives to the board superior power, inasmuch as they
may remove an assistant without the concurrence of the
secretary, and even against his wish; but this power may
well exist without conflict with the incidental authority of
the secretary. The same reasons which cause the secretary
to be invested with authority to appoint, justify and require
his power to remove. The Hon. George M. Dallas, late
Vice-President of the United States, and Chancellor of the
institution adopts this view, and, in an opinion upon this
subject, says :

It is clear that the act of Congress does not confer upon the Board of
Regents the power to appoint the assistants of the secretary, and for reasons

40

626 CONGRESSIONAL PROCEEDINGS.

too palpable to require mention. But if the secretary has not himself under
his own mere motion a right to remove, it would be impossible to imagine
reasons why the power of original appointment was not given to the board.

In other words, the reasons which excluded the board from appointing are
identically the reasons which preserve to the secretary the power of remov-
ing. It may, perhaps, render it more perspicuous to add that these reasons
are the official responsibilities and practical personal intercourse of the sec-
retary with his assistants.

Besides, it is very evident that the interests of the insti-
tution might often be in peril if the power of removal were
denied to the secretary.

The Board of Regents are not in session during a great
part of the year. Many of them reside at great distances
from Washington, and could not be assembled without
much inconvenience to themselves and heavy expense to the
institution. During this period it might be of the utmost
importance to remove an unfaithful assistant. He might
cease to do that for which alone he was appointed, to assist
the secretary in the affairs of the institution. He might re-
fuse to deliver up to the secretary the property of the insti-
tution which the law puts in /zs charge. He might threaten
and intend to destroy it, might treat the secretary with per-
sonal indignity, and insult and defame the regents, and
spread insubordination throughout the institution. For
such conduct there would be no prompt and adequate
remedy unless the secretary possessed the power of removal.
One case of this kind has already occurred. A person in
the employment of the institution has refused to deliver up
certain papers, the property of the institution, and threat-
ened to destroy them. He has also written a letter, which
was published over his own signature in a New York paper,
vilifying the secretary and several of the regents, by name,
in the most abusive language. For this and other causes
during the last recess of Congress he was removed by the
secretary, and, as the committee cannot doubt, most justly
removed, This very individual was the principal witness
against the secretary on the examination before your com-
mittee.

We think that the resolution of the regents, above quoted,
while maintaining the superior authority of the board,
properly asserted the power of the secretary.

Your committee regret very much to say that the secre-
tary was also justified in the removal of Mr. Jewett. His
removal was not arbitrary, unjust, and oppressive. Mr.
Jewett is a man of talent and scholastic attainments, but it
is evident, from his own testimony, that he considered him-
self as holding an antagonistic position to the secretary, as
“having charge of the library, and being considered by the

THIRTY-THIRD CONGRESS, 1853-55. 627

public as the representative of that interest in the institu-
tion.” He construed the law in one way; the secretary
construed it differently. He thought and said that it would
be treachery in him to co-operate with the secretary accord-
ing to the latter’s construction of the law. He told the sec-

retary, in effect, that if he attempted to annul the compro-

mise in the way he proposed, he would shake the institution
to its centre. It is evident that he was impatient of the re-
straints of a subordinate position, and entertained feelings
towards the secretary which made their harmonious ¢o-op-
eration impossible. In a paper which he submitted to the
special committee of the regents he assailed the motives
and honor of the secretary and criticised harshly and un-
necessarily the reports of that officer.

So the special committee of seven regents, with one ex-
ception, reported to the board, declaring that this paper dis-
closed feelings of excessive hostility and insubordination.
After this, it was manifest that the common civilities of life
eould not be exchanged between them, and the interests of
the institution required their separation. The Board of
Regents accordingly passed a resolution, in January last,

approving of Mr. Jewett’s removal.

Mr. Meacham also charged the secretary with claiming

and exercising the right to open and read letters directed to

his subordinates. The evidence satisfied the committee that
the secretary had neither claimed nor exercised any improper
authority in this respect. He expressly disclaimed any de-
sire or authority to inspect the private letters of his subordi-
nates. Their correspondence, in regard to the business of
the institution, he properly claimed to be entitled to examine
and control. In the absence of the subordinates he did con-
sider himself at liberty to open letters addressed to them
which were evidently of an official character; but it does
not appear that he actually exercised this authority, the
claim of which seems to have been misunderstood by once
of his assistants, and grossly perverted by another person,
under the influence of hostile and unjustly suspicious feelings.

The charge of denying scientific right and refusing to take
full measures for adjusting the claim of Mr. Blodget was
entirely refuted, both by documentary evidence and the testi-
mony of a disinterested party.

These latter charges of maladministration seemed to your
committee not to come precisely within the scope of the
instructions of the resolution under which the committee
was appointed. The Board of Regents might properly have
investigated them, and undoubtedly would have done so if

628 CONGRESSIONAL PROCEEDINGS.

asked by the parties concerned. But as testimony was taken
in relation to them, the committee feel bound to say that
they have not been sustained, and that they consider the
secretary as entirely relieved from the charge of maladmin-
istration in every particular. They believe that the regents
and the secretary have managed the affairs of the institution
wisely, faithfully, and judiciously; that there is no necessity
for further legislation on the subject; that if the institution
be allowed to continue the plan which has been adopted,
and so tar pursued with unquestionable success, it will satisfy
all the requirements of the law, and the purposes of Smith-
son’s will, by ‘“‘increasing and diffusing knowledge among
men.”

Mr. UpHam. I would now ask the unanimous consent of
the House for leave to introduce and have passed a resolu-
tion authorizing the payment of the clerk of that select com-
mitte for the time during which he has been employed.

There was no objection, and the resolution was reported,
as follows:
Resolved, That the select committee of the House on the Smithsonian

Institution be allowed to make compensation, at the usual rate, to a clerk
for the period of his services.

The question was taken, and the resolution was passed.

Mr. Enetisu. Mr. Speaker, what disposition was made
of the annual report of the Board of Regents of the Smith-
sonian Institution? Was there an order to print?

The Speaker. The report was laid upon the table, and
ordered to be printed.

Mr. Eneuisu. Has there been a motion made to print
the usual number of extra copies?

The Spraker. There has not; but that motion is now in
order, and will go to the Committee on Printing.

Mr. Enetisu. I submit that motion.

The proposition for the printing of extra copies of the
report was referred to the Committee on Printing.

Mr. Russet. Iam instructed by the Committee on Print-
ing to offer the following resolution :

Resolved, That there be printed 6,000 extra copies of the annual report
of the Smithsonian Institution—4,000 for the use of members, and 2,000:
for the Institution.

The resolution was adopted.

The House having gone into the Committee of the Whole
on the state of the Union—

THIRTY-THIRD CONGRESS, 1853-55. 629

Mr. JAMES Mracuam, of Vermont, said:

Mr. Chairman: It was not my intention to offer any re-
marks during this session with reference to the Smithsonian
Institution. After mature deliberation and consultation
with judicious friends of learning, I came to the conclusion
that the affairs of that establishment required investigation.
I proposed the matter to this House. They sustained the
proposition, and appointed a special committee of inquiry.
To them I hoped the matter would be left till their report
should be presented. I believed, sir, that in the hands of a
select committee of this House, the interests of literature
and science connected with the Smithsonian Institution
would be safe.

But the unexpected course of the gentleman from Indi-
ana, [Mr. English,] in stepping forward to eulogize the
institution before it had been attacked here, seems to re-
quire me briefly to explain and defend my position. For
such explanation and defence, I may, in the main, rely on
the able and important report presented by the select com-
mittee, which, for that purpose, I propose, in substance, to
insert in my speech, confining my own remarks to some
topics not alluded to by the committee.

The gentleman from Indiana, and some others, seem dis-
posed to view this investigation as indicating deliberate
hostility ; as intended to give “to the disappointed and dis-
satisfied an opportunity of assailing the institution at the
public expense;” as manifesting disrespect to the distin-
guished and honored gentlemen concerned in conducting
its affairs, particularly by clothing this committee with
power to send for persons and papers. Sir, I do not yield
to the honorable gentlemen in my sincere attachment to the
cause of knowledge, whether in the form of literature or of
science. But the very devotion which I feel, leads me to
wish to keep its fountains clean, I would not willingly lend
myself to the aid of wanton and wicked assaults, nor is it to
be supposed that this committee would be less scrupulous;
but I believe that “the disappointed and dissatisfied” may
sometimes deserve, or need, protection and redress. I would
not be wanting in respect for mnen in exalted positions; but
I know that under the authority of the purest and most ele-
vated, abuses may arise, and require investigation, though
not the imputation of individual blame. Iam not the first
member of the Board of Regents who has believed that the
institution had departed from the course marked out for it
by Congress. One, who had a large share in shaping its
charter, within the first three years of its history declared

630 CONGRESSIONAL PROCEEDINGS.

in his place in this House, that he “ believed the Board of
Regents would be, and ought to have been long since made
acquainted with its direct responsibility to the power that
had created it.” And lately, a very distinguished member
of the board resigned his seat in consequence of his convic-
tion that the administration of the institution was not im
accordance with the law.

In this country, there is perhaps, no precedent for an in-
vestigation in all respects like this; simply because, before
the existence of the Smithsonian Institution, there had not.
been, under the direction of our Government, any establish-
ment for the promotion of knowledge in general. But we
are not at a loss for precedents. The British Museum
served as a model with many of those actively engaged in
framing the charter of the Smithsonian Institution. It is
under Government control. During the last twenty years
its affairs have twice been made the subject of investigations
by select committees of the House of Commons, and once by
a special royal commission. The committees and the com-
mission were each clothed with power to send for persons and
papers. That institution was under the management of the
highest dignitaries and the first noblemen of the realm.

In the debate in the House of Commons on the appoint-
ment of one of these committees, Mr. Warburton quoted the
complaints of Sir Humphrey Davy, that “there must be a
general change in everything belonging to the Institution
before a proper system of radical improvement could be
affected ;” and Mr. Hume declared ‘ that it was imperative
on the gentlemen connected with that institution to detend
themselves, and unless they make a good defence, it would
be impossible for Parliament to allow them to continue in
their present condition.”

Mr. Chairman, it is not my intention to follow the gen-
tleman from Indiana through his remarks; I shall confine
myself to a few of the most important points. The gentle-
man maintains that the provisions of the act of Congress
have been observed. This is the main issue between the
two parties to this Smithsonian controversy, and is ably dis-
cussed in the report of the select committee.

The view which the committee have taken of the mean-
ing of the law was that of the first regents, fresh from their
labors in framing the charter, and unbiased by influences:
subsequently brought to bear upon them.

On the second day of their first session, a committee was
appointed upon the clause requiring the appropriation for a
library, and instructed “ to prepare a report upon the subject

THIRTY-THIRD CONGRESS, 1853-55. 631

of the formation of such a library, indicating its general
character,” &e.

In their report which was long and elaborate, the com-
mittee say:

“They see in the language of the act, which the regents are created to
administer, and in the history of the passage of that act, a clear intimation
that such a library was regarded by Congress as prominent among the more
important means of increasing and diffusing knowledge among men. This
intimation they think, should control in a great degree, the acts of the re-
gents. They will not, however, withhold the expression, that the apparent
policy of Congress in this particular is marked by profound wisdom, that
it rests on a right construction of the terms and an enlarged appreciation
of the spirit of the bequest.’’

They recommended the appropriation of $20,000 of the
income “for the present,” to the library, independent of
salaries, and this recommendation was adopted. I pause to re-
mark, that if this resolution had been carried out, we should
even now, have much the largest library in this country. It
would be something to have, to see, to use, to grow. And
Task you to place beside this the haif dozen quarto, and
the half dozen octavo volumes published by the institution,
and tell me which you would prefer? Which would tend
most for the increase and diffusion of knowledge ?

Instead of this library what have we? Why, sir, a mea-
ger collection of some fourteen thousand volumes, besides
pamphlets, &c., made up of copyright books, imperfect
sets of periodicals and publications of societies, and univer-
sity theses—with doubtless a good proportion of important
and valuable works. But the whole how insignificant in
comparison with the great and noble design! We have heard
it stated that the hbrary is worth $40,000. This is a pre-
posterously exaggerated estimate. I do not believe that an
intelligent bookseller could be found who would value it
at athird of the sum! If the value of the museum and
apparatus be equally exaggerated, we must abate largely
from the vaunted possessions of the institution. And then,
sir, this library is cramped into inconvenient and uncom-
fortable quarters, and shut up from the public, at a time, too,
when there is an unusual concourse of people at the Insti-
tution.

As to the origin of the present difficulties, I particularly
demur to the statement of the gentleman from Indiana.
He represents the question to have been whether the funds
should be used to build up a library as a paramount objeet,
or whether they should be applied, not only for a library,
but for such other purposes as the regents might think
would best accord with the will of Smithson and the act of

632 CONGRESSIONAL PROCEEDINGS.

Congress. Not so, sir. The present difficulty originated in
a proposition to annul the “COMPROMISE” which divided the
income equally between the library and the museum on one
part, and publications, researches, and lectures on the other ;
for the purpose of giving more to the latter department, making
that a paramount and controlling interest.

Let me briefly explain this compromise.

The first sense of the regents respecting the library, was
soon contested under a new reading of the law, one which
made the section authorizing the regents to dispose of the
possible surplus or residuum, the chief clause of the act,
overriding all the rest and overruling all other details.
Under this construction, new purposes were to be intro-
duced; purposes dissimilar to those provided; purposes
which had been proposed to, and discussed and rejected by
Congress—namely, the publication of books, and the insti-
tuting of scientific researches.

The early days of the institution seemed likely to be em-
bittered by controversy resulting from this new movement;
but, in a magnanimous spirit of conciliation, the friends of
the library agreed to a “‘ compromise,” dividing the income,
after the building should be completed, equally between the
library and museum on one side, and publications, researches
and lectures on the other.

The friends of the library reconciled their course with
the law thus: If $20,000 a year be expended for books dur-
ing the four or five years while the building is in progress,
we shall gather a considerable library, and then we may be
justified in believing that, for the future, the share that will
come to the library under the compromise, may be consid-
ered as meeting the requirements of the law; the friends
of the scientific scheme will be propitiated, and perpetual
harmony secured.

I think, sir, that they strained their discretion; but they
acted in the spirit of conciliation, worthy of a fairer requi-
tal than it has met.

Let this matter be distinctly understood. The friends of
the library did not begin this controversy. They held to
the compromise, and asked only that it should be faithfully
administered. They demanded no more for the library than
it was entitled to under the compromise. They did not ask
that it should be made the paramount interest (although
some of us believe that such is its legal position.) We
were content to abide by the compact; we so voted. It
was the proposition, coming from the advocates of the pub-
lication system, to annul the compromise, and reduce the

THIRTY-THIRD CONGRESS, 1853-55. 6338

library to the condition of a mere appendage of the new
purposes, that led to discussion, and finally, through much
irritation, to our present position.

We are not in anywise responsible for these difficulties.
We plant ourselves on the law. For the sake of peace, we
have been willing to adhere to the compromise. We have
had reason to raise the controversy on other grounds, for
although the resolution of the board giving $20,000 of the
income to the library was not repealed, the money was
withheld. As an offset, the compromise was to be observed
before the finishing of the building. We think it was not
fairly administered. We did not, however, take issue on
that point, but only on the formal proposition to rescind.

We may not inaptly retort insinuations of illiberality.
We hold to the law, and the law requires a universal
library, one ‘composed of valuable works in all depart-
ments of knowledge;” one for the man of science, the
artist, the mechanic, the historian, the scholar, the seeker
of knowledge of whatever name; one open to men of all
States and all nations. But we are called upon to yield up
everything to men of science. The scientific men are down
upon us, as if their craft were in danger. They come in
societies, and as individuals. Smithson, though a chemist,
and member of the Royal Society, appears to have been a
man of general culture, and to have had sympathy for
* knowledge,” without any restrictive epithets. By consult-
ing solely the wishes of one particular class of the devotees
of knowledge, who cherish only what is called science, we
should limit his intentions,

‘‘And give up to party what was meant for mankind.”

I have not sought letters of recommendation for the
library plan, nor have others forme. I doubt not I could
have obtained thousands. To show them on either side
seems to me idle parade. We doubt not that librarians in
Athens and Paris are glad to get handsome books from
America, and are ready to praise them before our traveling
countrymen. ’Tis polite to do so. We doubt not that sci-
entific men like to have means of publishing their works,
too heavy for booksellers. We need not here doubt that it
may sometimes be useful to publish, gratuitously, books
that people do not care enough about to buy. But the
question here is, can the Smithsonian Institution lawfully
devote itself to such a purpose exclusively or principally ?

The gentleman from Indiana puts prominently forward
the fact that the funds of the institution have not been

634 CONGRESSIONAL PROCEEDINGS.

squandered. This seems irrelevant, for it had not been.so
charged. But he thinks it a high meed of praise that its
capital has been augmented. If the object of the institution
were the increase of its wealth, this would indeed be just
cause for satisfaction. But, sir, this establishment was cre-
ated, not to hoard money, not to speculate upon it, not to
increase its income, but to expend money “ for the increase
and diffusion of knowledge.” We want knowledge more
than gold. We have no commission to accumulate for
future benefit, but to spend for continual profit. We should
remember, ;

‘There is that scattereth and yet increaseth; and there is that withhold-
eth more than is meet, but it tendeth to poverty.”

It is asked, if Smithson intended a library, would he not
have said so? Ireply by asking, if he had meanta learned
society, would he not have said so? He knew all about
learned societies, and seems to have become dissatisfied
with them. I cannot suppose that he meant to indicate
anything in particular and exclusively ; but I suppose he in-
tended to:give his money to whatever the United States, in
the discretion of its Government, might deem best suited
to promote his general purpose.

For one, sir, I suppose that Smithson regarded the foun-
dation of a ‘Smithsonian Institution,” from his property
as only a possibility. Look at the facts. He left the income
of his property, for life, to a nephew, and the property
‘absolutely and forever,” to the descendants of the nephew,
if he had any, “legitimate or illegitimate.” The nephew
was a young man leading a roving life in France and Italy.
What was the chance that the contingency would ever
arrive when the United States could claim the legacy—that
of failure of descendants of the nephew? <A sentence has
been quoted from one of his papers to the purport that his
name would live in the memories of men when the titles of
the Percy’s and Northumberland’s were extinct or forgot-
ten, and it seems to be inferred that he was then think-
ing of this institution. But it is altogether more likely he
was thinking of the articles which he had published in the
Philosophical Transactions. Every scientific man deems
the acceptance of his articles there a sure passport to im-
mortality; and this view is rendered more probable by
what is asserted, that he took such offense at the rejection
of one of his papers by the Royal Society as to change his
will. But Ido not, after all, see the applicability of this;
for the name of Smithson would be as much attached to the
Smithsonian Institution, and live with it as long and as

—

THIRTY-THIRD CONGRESS, 1853-55. 635

honorably, if that institution becomes what Congress in-
tended, as if it becomes anything else. Is not the British
Museum or the Bodleian Library as well known as any
other institution in the world ?

To the phrase “active operations,” I will devote a passing
word.

The publication of books and the assumption of researches
have been called “active operations,” as if everything else
were in comparison but standstill. I should have liked to
see activity in finishing the building, and in filling it with
the stores of knowledge. Active operations of this kind
would have tended “to stimulate and invigorate the mind
for original thought, and supply important materials for in-
vestigation,” to use the language of one of the gentlemen
who has been quoted to show that anything but an exclu-
sive devotion of this fund to science is a “‘ gross perversion”
of the trust. It has been repeated to me that another of
these gentlemen was in the habit a few years ago of saying,
“you can do nothing for science in this country till you
have books—large libraries” —and this he said in special
reference to the Smithsonian Library. But then, sir, the
Smithsonian question had not become one of physical sci-
ence versus everything else.

One gentleman refers to the great Humboldt as not the
possessor of a private hbrary. But he had constant access
to the Royal Library of Berlin, one of the best in the
world. Now, what we want is to furnish scientific and lit-
erary men in this country with such public facilities for
research, that they will not, on the one hand, be obliged to
expend their limited means in buying for themselves, nor,
on the other, abandon their researches for the want of books.
For us, this case of Humboldt is remarkably apropos.

In order to show how intensely active these *‘ active ope-
rations” are, the gentleman from Indiana has quoted a long
list of works published by the institution. But, sir, you will,
probably, be surprised to learn, that with the exception of
a few octavo pamphlets, making in all only about one thou-
sand pages, the first six titles include the whole that follow. The
rest are merely the table of contents of the first six. Six
quarto volumes, making less than three thousand pages and
about enough in octavo to make a volume of one thousand
pages exhibit the sum and substance of the “active opera-
tions” of the Smithsonian Institution for eight years—say
five hundred pages, great and small, a year.

I have heard it argued that the “‘ active operations” are
justifiable, on the ground that Congress ordained a labora-

636 CONGRESSIONAL PROCEEDINGS.

tory, that a laboratory implies researches, and researches
must be published. But, sir, 1 have looked through the
Smithsonian publications, and made inquiries with the view
of ascertaining what results they contain, procured at. the
Smithsonian laboratory. I could find none. I asked where
are the Smithsonian researches? Where are the “ new
truths’? which have been developed at the Smithsonian?
The books published were contributed to knowledge by the
authors who wrote them, for the most part without pay.
The Smithsonian merely published them. The Smithsonian

jJaboratory is next to nothing, and nothing but experiments -
y, g s p

and illustrations for lectures have come from it, as yet, so far
as I can find.

Now these operations are held up as the exponent of
American activity in discovering new truths. I do not find
any very efficacious activity ; and as to the proportion of
absolutely new truths due directly to the Smithsonian among
these publications, I fear they would, notwithstanding all
the talk about them,

‘Should some cold critic dare to melt them down,
Roll in bis crucible a shapeless mass,
A grain of gold leaf to a pound of brass.”

I do not, sir, by any means object to these publications,
on the ground that they do not contain new truths. Igo for
truth, old or new; but I object to the holding them up before
the world as the measure of American active operations
in the discovery of truth, and as conveying the idea that
the Smithsonian Institution is the great active truth-discover-
ing engine of American science. The idea that it has been
so, or would become so, although it has done more than all
else to encourage the present course of the institution, is,
in my opinion, fallacious. It cannot, I think, be too strongly
represented that discoveries are not made by direct active
operations of societies anywhere, but by the active operations
of individual minds, which minds may be in various ways
brought up to the effort. The hope of reward may, indeed,
serve sometimes as a stimulus; but I believe that the his-
tory of science shows that such rewards are generally
valuable as rewards rather than as incentives. The hope
of having results published, with the stamp of high approval,
may operate as an incentive to effort. But incentives, es-
pecially in this country, are less needed than means and
aids; and a library is one of the most effectual, and es-
pecially in this country the most needed, as a means and
aid to exertion in the advancement of knowledge.

Mr. Chairman, on this last day of the session, I have not

eee

THIRTY-THIRD CONGRESS, 1853-55. 637

the time to produce the multitude of considerations which
crowd upon me on this subject, but I am happy to be able
to present those most important in the lucid argument and
appropriate language of the select committee.

(Mr. Mracuam then gives copious extracts from the report
of Mr. Upham, the whole of which will be found in pre-
ceding pages.)

Mr. Jos. R. Cuanpumr, of Penna., from the Select Com-
mittee to inquire into the expediency of withdrawing from
the treasury of the United States the Smithsonian fund,
and investing it in sound stocks, made the following report:

That immediately after the appointment of a committee
the chairman addressed a letter to the Secretary of the
Treasury, inquiring into the history and present state of the
Smithsonian fund. To that letter the following answer was
received :

TREASURY DEPARTMENT, March 6, 1854.

Str: I duly received your letter of the 4th of January last, enclosing a
copy of the following resolution, adopted by the House of Representatives
on the 8d of that month: ‘Resolved, That a select committee, consisting of
nine members, be appointed and instructed to inquire into the expediency
of withdrawing from the treasury of the United States the Smithsonian
fund, and investing the same in sound stocks, or in such other way as may
be to the interest of said fund,” and requesting a statement of the amount
of the Smithsonian fund in possession of the department, or under its
control, and the amount of interest accruing thereon, with any other infor-
mation that may assist the committee in the discharge of the duty enjoined
by said resolution. In compliance with your request, I have the honor to
transmit herewith the accompanying statements, marked A, B, C, and D.

The sum received in London from the bequest of Mr. Smithson by the
agent of the United States appointed in pursuance of the act of July 1, ©
1836, was $515,169. But the sum actually received into the treasury was
$508,318.46, the difference between the two sums having been absorbed by
certain expenses in collecting and transferring the money to the United
States.

By the sixth section of the act of July 7, 1838, it was provided that the
money so received should be invested by the Secretary of the Treasury,
with the approbation of the President of the United States, in stocks of
States, bearing not less than five per cent. interest, and that the said stocks
should be held by the said Secretary in trust for the uses specified in the last
will and testament of James Smithson, until provisions should be made by
law for carrying the purposes of the said bequest into effect, and the annual
interest accruing on the stock aforesaid should, in like manner, be invested
for the benefit of the said institution.

By the act of September 11, 1841, so much of the before mentioned act
as authorized investments in stocks of the States was repealed, and the Sec-
retary of the Treasury was required thereafter to invest in stocks of the
United States.

But between the dates of these two acts the sum of $508,318.46, together
with the interest accruing on the first purchase, was invested in stock of the
State of Arkansas, upon which the State, in the sequel, failed to pay
interest, and upon which, from the time of such failure, nothing has been
realized, except certain sums which have accrued to the State from the sale
of public lands under what is commonly called the five per cent. fund.

638 CONGRESSIONAL PROCEEDINGS.

In this condition of the fund, the act of August 10, 1846, was passed,
entitled ‘‘ An act to establish the Smithsonian Institution, for the increase
and diffusion of knowledge among men.”’

The act recognized as a debt due from the United States the sum so received
and invested. It fixed the said sum at $515,169, the sum received by the
agent in London, thus assuming the expenses incurred, and leaving the
original bequest unimpaired for the use of the institution. It provided for
the payment of interest on the said sum from the time of receipt, at six per
cent., payable on the 1st January and Ist July of each year, appropriating
the interest which had so far accrued, amounting to $242,129, for the erec-
tion of suitable buildings, and the interest thereafter to accrue for the main-
tenance and support of the institution. But the act at the same time pro-
vided ‘that all the stocks which may have been or may hereafter be
received into the treasury of the United States on account of the fund
bequeathed by James Smithson be, and the same are hereby, pledged to
refund to the treasury of the United States the sums hereby appropriated.”

With this brief explanation of the history of the fund, including the
legislation thereon, the committee, it is hoped, will find the statements re-
ferred to sufficiently intelligible.

A is a statement showing on the one hand, Ist, the amount originally re-
ceived into the Treasury; 2d, the amounts received for interest; and, 3d,
the amount of United States stock redeemed, this amount ($5,523.21) being
part of the sum of $106,184.85, mentioned in same statement; and, on the
other hand, 1st, the investments made for the benefit of the institution;
2d, an expense incurred in the management of the fund; and, 8d, the bal-
ance remaining on hand. :

Statement B shows the amount of stock now held, and the different de-
scriptions of which it is composed. It shows also the present market value
of said stocks, with the exception of the Arkansas, which is, perhaps, not
worth more than forty cents on the dollar.

C is a statement showing on the one hand the interest which has accrued
on these stocks, and on the other hand, 1st, the interest which has been re-
ceived, and, 2d, the interest which is due and uncollected.

D is a statement of the interest which has accrued on the sum of $515,169
under the act of August 10, 1846, all of which has been paid up to the 31st
December, 1853, Ist, for the erection of the building, and, 2d, for the sup-
port of the institution, in pursuance of the terms of said act.

From these statements it appears that the fund which is pledged to reim-
burse to the Treasury the amount appropriated by the act of August 10,
1846, may be stated as follows:

I. Stocks on*hand of the parivalue' of ----—--=-2 "sees eee $720,661 64
2: Balanceotacashkinkthevbrcasunyso-=-an sen eee 18,646 83
Si Balancevof interestiuncollected==22-" 22-2 ee ee 869,316 32

$1,108,624 79

It is estimated that, by authorizing the Secretary of the Treasury to re-
deem the stocks of the United States held in trust for the institution at the
rates of premium offered for said stocks, and to sell the stocks of the States
of Illinois, Ohio, and Michigan, at their market price, the sum of $199,844
may be realized and applied towards the reimbursement of the said appro-
priations, and I respectfully recommend that authority may be given to
pursue this course.

I have the honor to be, very respectfully,
JAMES GUTHRIE,
Secretary of the Treasury.

Hon. Jos. R. CHANDLER,

Chairman Select Committee on Smithsonian Fund.

639

THIRTY-THIRD CONGRESS, 1853-55.

Sessa eee eee ee eee eS ee

89 L6G‘ LEL$

1% §c¢'¢ aan

cg 183'F Peet w ene e enna eeeneneee OCH EEOC OTT OLEH 9 T2900 K2 12) OF Pt
yO0}S "yueo aod ¢ sajyeVig poylag Jo JunoUTe Ag

98 16g'Ig cove srensesneseensnaet veensoeneneseeete Ng MUQOPAd
4004s ‘yueo aed 4G soyeyg payiuy Jo JuNnoWeB Ag

TO 992°82z

OL BoC'tE “""SHOO]S SO}BIS poyluy WO
(0 00ST “OTN JO a}eIy WOI
00 0oL'se * “SIOUI[IT JO IBIS WOT
00 09s'9 * UBSIYOTIT JO VIS WOT

CZ EER ORIG CU SeUSUByLY JO O1VIS WOT

IZIA ‘S]UPMIYSAAUT UO 4SA19} UT LOJ POATOOIA SJUNOWIB AG
vetestrnesetenstensnntecneensttessrtste* DO SBODOD

‘uosylUrg seule JO 94¥B4So OY} WOI poATooad YUNOUIG AT

seecesececes a eccce ees sessensestetseecnse

9F 8TS's0cs

89 Lec‘LEeL$

£8 9F9'ST
00 S20°T

seseessnreeeeeneetsaeesesereeeeee eee DUNT OY] JO JPado OY} OF OOUVIE OL,
ssseczensasasssessecresesee sees CIN SGON Ti 3uqt jo £1%191099
ale] oy} Aq pozimoyqyne sv ‘puny oy} JO osIvydO UT YA[9
aq} 0} UOTJesuadUIOD SB ‘gest ‘yg DUNE 0} pred JUNOUIe OY,
cg CIS LT LS Revrmreees one SoS cite Ce FSI 92L4

89 6ze'LIT 8 PST'90T 777"

"rreeserreeeees*TIBOT SO1BIS PIU,

00 086 9T 00 0008T * "OTTO JO 9}BIS

60 SO ZF 00 00O'9g ““*STOULITT JO 9IBIS

L9 017'8 00 0008 eee ct “"UBSIOTIA, JO 8481S

08 2637869 00 000'Sees CORO O OTR RH eee, wee Ee SVSUBYLY jo 0181S
4809 *sy9075!

:ZIA ‘puns UBTUOSYIWS 04} JO 1Yaaeg oY} Joy Arnsvaty,
oy} Jo Auvjaioag oy} £q pasvygoind sRoojs Jo JUNOWB OL

"TRSL ‘TL Haqueagdagy fo po pun ‘gest ‘) Ang fo
ssawhuog {0 yon ay2 fo uoyoas 79 ay7 wapun ‘“pogy ‘hunnune fo pST ay72 UO ‘syo028 Ur puaUnsaaur Lof ‘punt unruosypuug ay; fo puawozn)5

LV:

CONGRESSIONAL PROCEEDINGS.

640

‘reo yove jo A[nL pues Alenues ut onp
SOUINNI JI SB SaIBIY pajLuy 94} Aq pred Jsoso} UT
*“1vaA Yowo Jo Ajne puw Arenuer ul onup
S9MLO99q JI SB OLYO JO 9)}¥Iy 044 Aq privd peateal
ulias
SUINSUS OY} OPVUI ST SaTVS 9soy} JO JUSUTISU[pB
qxou 94} Udy pled oq 0} pajJoodxa oq AvUI
enp MOU JUNOUIV oY} PUB ‘9}BI1S PIVS UT spuPl
ollqnd Jo sales JO spoad0id Jou oY} WOU “CEST
‘e Your] JO ssaisuog jo uolnyosaa yurof oyy
JopunNn pezlioyyne se porddv puv pred 4sa104Uy
02298 ‘ESST “T ArvnuUBL 3904S SIG] UO onp peete ra
‘pUuLdids
SUINSUD 9} 9PCUI ST SOTBS 9Seq} JO JuoUIYSN[pe
4xou oy} UsyA pred oq 0} pojJoodxa oq AvuUr
enp MOU JUNO 94} PUB ‘d}v1g PIS UT spur]
ol[qnd jo sayes Jo speso0id you eq} UO ‘CERT
‘eg Youvw JO ssersuog Jo uoTynyjosaa qutof oy}
JIPUN pazIIoyyNe sv pot[dde puv pred Jso1ay Uy
‘0968 “FS8I ‘1 AtvnUBE YOOJS siq} UO OUP 4Jsato,UT
‘CEST ‘g YOIVW poaoidde
‘ssoisaop jo uoTIN[Osea yUuTOf B JO SUOisTAOId
eq} Jepun pezjloyjne sBV ‘spuoqg aseq} uo snp
4sa1ojul JO JuauIAed oY} 0} pot[dde ou ‘paute,
-1908B UGA ‘S}UNOWB YOIGM £99849 pres UL
-UJIM PlOs spuxl JO spadoo0.d Jou 9} WOAy ORIG
Pl¥s 0} JatNAINV puny ‘yusd tad G oy} JoYUNODNB
uO SBsSUvYLY JO 91819 9) ONp oq O} poute}1a0sB
O18 9711} O} OUT] ULOUy ‘OITA ‘s}UNOUIY UTeY
-190 JO JUNODIV UO PIATOIAT ST IVY M UBYY 19Y}0
Spuoq 9S9q} UO pred SL jJsa10}UTON ‘zg"9E9'198¢
‘segr ‘T Arenuve spuoq 9seq} UO ONp 4so19}UT

00 #86618

00 OSL'0F
00 FFS'0%
00 0¢0'6¢

00 00¢'6T

00 000°%¢

00 000'8$

‘e0tad

4JoyIVul ye
on[eA

‘SUL Z “YUT Y IZT
‘SUL Z “FUL ® GOT
"suzZ "FAL » GIL

FASOr 04 “LOT

86

96
06 0} 68

"18d

‘solid JoyIeur
quesaidg

F9 199°0ZL3

$9 199°00T

teen ee een eeeeeneeeees

00 000‘ST

00 000‘9¢

tee eee eeeeeenen reese

rrrree eter

00 0v0'8

*y0018
jo yunoury

00 OOF Es “OFST JO UOT
00 00° 61 “OFSI JO UBOTT
FD IQO'RIG eet teers see ECT JO WROTE
?SMOT[OJ SB ‘YOOJS JU90 Jad 9 svywIg poItuyg
“QQST ‘H90}s [vURD OIGO—"}UAD Aad g OLYO JO 97BIg

000°8T Pre Cee eee eee s2°°"QOT *yIO0}S qyuour
-OAOId UIT [eUIEJU, puke yuvg sour]

O00OT = O98T “HO0IS [RUKH URSIQoOIW pure stout ty

Ouo*ees “OLET ‘OOS JUOMMAAONd Oy [BUsE4yUT

— 30018 ‘3u00 Jed 9 SIOUT[IT JO O3B3S

Se eee eee eeeeee Sea ee eee ee rue reer OORT ‘prolrey ovlju0Og
pue 1JO1;oq—H00}s “Jus Jed 9 UBSTYOTI JO 02eqS

wesecenssenteesnseeeesr NTO U"ATIOO jod 9 svsueyry jooqeig

*HOOIS JO uOPdyAIOsaq

‘gud yons yo anjoa pun aorad gayunu ay, burpnjpour ‘punf unyuos

yng ay2 {0 qunov0n Uo snug wr hunspasy, 2472 fo hunjasoay ay fg prey sy2ojs fo zunown pup uoydrwosap ay2 burmoys puswainjg— gq

641

Se a ee ee ae ee eee eee

&§ 2L0°86S$ £8 ZLO'S6C$
92 Zoo's eben mises = s “8971S po}ytU) oy} JO Yo0¥s uO || ze gre'69g oo
00 00S‘8T ““O1YO JO 911g O41 JO Jo0Is UO 00 072'9 smrtesrestsseseeeneeseeeesssseeeer OIG, JO OCIS OY} WOLT
00 OZF SF ““ STOULT[T JO 07819 94} JO YO0}s UO 00 096 7 “ORSIqorW JO 04e1g 04) WOI,
00 0Ze"L - ““UeSIyo JO 91%19 9y] jo yooIs uO Ze 929‘ T9ES. Ae eae eenweeenseeneeens ““SsesuUvyILy JO 0349 OY) WOOL
LE GLO'CORG — rvceereetseeeseeseesees verses soneonee SBSUBHALY JO 9}¥1G otf} JO HO0}s UO
7 :ZTA ‘onp MOU 48910] UT OF,
:ZTA ‘paseyoind

$4Y90}S UO paniooe sey YoPYAA Jsa10] UT JO JuNOMeE Aq TONOSL ZZ |iscocreccace “evens eesenronererereeee “DIATIOAL JSVIOJUL JO JUNOWIB OF,

ee ae — SS ee eee ee eee
“899028 UO 78aLajUur spLnbas 22 sp punt upruosyzuuy ay; fo ZUIWAINIS,
‘a

Se ee ee ee a

THIRTY-THIRD CONGRESS, 1853-55.

ee
86 FS6‘ELEE 86 FC6'ELF
9g OF9‘EZT se eee teers ees ORC eeeeeesseeeescecces ICEL a Te aequ1e0 9g OF9'EZT ee ae ereerescoseeerse CORT qe taquraca(qT o7 “‘OCST aT Arenuvs mroday
. s 79 OF ‘0S8I ‘T Avenuve wos pred 4ysosojuT Jo JUNO Aq pubs ples uo panioov svy YoIyAi ISa.loqUr JO JUNOUIV OF,

GF PIg ose Ou eersewceeccceecsecescecsssenst ovevuceevecssccocessocecee, cccsee eevcccce a eeeees "283'COL GF PIS*OGES porensees to GG LOT ‘ON qaodau aad sv ‘BERT Ee Jlaquia0eq 0} ‘QoQT
‘ON JAOdat tod ‘GEST ‘Tg Ioquiedaq 01 dn UOTyN4W4SUy ‘T Jaquiedes WO. ‘ost ‘Ol ISNsNYy JO yor oy} Jo uOTy
UvITOSgIIMS OY} JO sjuasay Jo preog ey} Jo yu0Se -098 pz eq} £q pd.nodas sv puns uBIUOSTTUIY oY} JO [ed
suisingstp 1adoid oq} 0} pred 4sotojur Jo yunowe Aq -louyid oq} UO penJsooB sey YOTYA\ JSa.10} UT JO yUuNnoUB OF,

ee Re A BE Ss ta er ce Rl) .

“69L'GTES 20 punf unruosyznug ay, fo podvusd ayy paxyf yon youyn ‘OPST ‘OL 2snbnyp poaouddn ssarbuog q

fo yon 043 wapun ‘uounguysut upuosymuUs ay2 fo ZUN0IID UO pesungsip PUD paaro0eL qsaragur fo zunoun ay? Lurmoys quamaymy

0

642 CONGRESSIONAL PROCEEDINGS.

Shortly after the receipt of the above statements by the
chairman of the committee, there was presented to the
House of Representatives the memorial of March 10, 1854,
from the Smithsonian Institution.

The statement made to the select committee by the Sec-
retary of the Treasury shows that the Government, by an
act of Congress, set apart as the capital of the Smithsonian
fund, the sum of $515,169; regarding those States that
have failed to make payment of principal or interest of the
sums loaned to them from the fund received from England
as debtors to the Treasury of the United States, leaving the,
fund unencumbered with accounts against the borrowers,
and equal to the amount left by the testator.

What disposition should be made of the evidences of
debts which the Government of the United States holds
against the borrowers of the original fund, did not form a
part of the inquiries which the committee was authorized
to make. But as those funds evidently belong to the Gov-
ernment of the United States, the committee will feel itself
justified in suggesting such a disposal thereof as will release
the books of the Treasury Department of the continued and
increasing accounts. And at the close of the report a reso-
lution will be added recommending the sale of all such
assets, and that the net proceeds be carried to the general
fund.

The memorial of the Smithsonian Institution, asking for
permission to invest a portion of the fund saved in the con-
struction of the building, for which purpose it had been
appropriated, suggested to the joint committee inquiries as
to the probable demands which would be made upon the
income of the institution; and that led to a further inquiry
as to the legitimate objects for expenditure. These inqui-
ries could only be answered by a recurrence to the will of
the distinguished testator; and if that should be less ex-
plicit in any particular than would be desirable, then a
recurrence could be had to the well-established facts of his
life, and the special objects which he pursued in his devo-
tion to science; and the end which he proposed in his pur-
suits while alive, and the special directions of his estate
after the death of the person to whom was bequeathed a
life use of his property.

Committees of Congress have several times presented
statements of the objects of Mr. Smithson’s bequest to the
Government of the United States in trust, and their opinion
of the mode in which these objects should be attained, and
proceedings have been had, founded on the acts of Congress,

ae et Se

THIRTY-THIRD CONGRESS, 1853-55. 643

that have been consequent upon these reports. And the in-
stitution has been established, and been made most benefi-
cially operative by a “ direction,” which has been careful to
administer its affairs in the spirit of congressional enact-
ments.

The Smithsonian Institution, however, is unique in its
character, and it is brought into action at a time when sci-
ence is advancing beyond all precedent, and when the
learned and the scientific of the old world are demanding
from the United States not merely a sympathy in their
labors, but a contribution to the amount of knowledge and
science with which the world has already been enriched.

With the constant demands upon the institution, and the
constant efforts to respond to these demands, it is net
strange that it should be found occasionally necessary to
inquire whether its administration is maintained with a
constant eye to that progression which the advancement of
science renders necessary; and whether every plan which
was hesitatingly but carefully adopted in the establishment
of the institution is productive of the exact result which
was contemplated on its formation, and whether any of its
minor divisions impinge upon the more important branches,
and thus diminish the means of usefulness on the whole,
and delay the attainment of these objects, which aré prop-
erly the end of the great establishment.

To judge correctly of such matters it is not only neces-
sary to know what has been done by the institution, but
what was the plan of those by whom it was inaugurated ;
and especially it is important to compare the proceedings
of the institution with the will of its testator, and to ascer-
tain whether what he proposed has been in any degree
attained, and whether all has been done that the means
supplied would allow, and whether the plans for future
action are in direct conformity with a fair construction of
the will, and whether any of the income is being devoted
to objects not directly contemplated by the testator, and
which may be as well attained by existing institutions that
have neither the means nor the mission for that which may
be regarded as the specialty of the Smithsonian bequest.

And the j inquiry is, in the opinion of the committee emi-
nently worthy those who are acting for the nation which,
having accepted the solemn and important trust conferred
by Mr. Smithson, is bound to give to its administration all
that attention which is due to the liberal views and lofty
objects of the testator, and which is no less becoming the
peculiar character and natural distinction of the trustee.

644 CONGRESSIONAL PROCEEDINGS.

Regard for the memory of the dead who conferred upon
our citizens the benefit of the fund, and upon our nation
the honor of its administration, no less than a mere self-
respect will ever lead this nation, through its representa-
tives, to guard with peculiar vigilance the sacred trust in-
volved in the bequest of Mr. Smithson, and carefully and
diligently to watch the progress of the institution in the
fulfilment of the noble wishes of the founder, and the just
expectation of mankind in its regard.

With this view, evidently, the Government supplied the
deficiency in the funds resulting from loans authorized by
act of Congress; and pursuing the same object, it is believed
that Congress will suggest that the Treasury of the United
States be the depository of the fund, and that the institu-
tion shall derive an unfluctuating income from the interest
which the Government of the United States shall pay for
the use of that deposit.

James Smithson was the son of the Duke of Northumber-
land, by Elizabeth, niece of the Duke of Somerset. The
disadvantages of the circumstances of his birth seem to
have been less than the benefits of the wealth of his parents,
and he surmounted the former by the assistance which the
latter gave to the energy of his character and the ennobling
objects of his pursuits, and having achieved distinction by
science, an attainment fortunately not dependent upon
hereditary honors, his wish was evidently to open up
avenues to knowledge and facilitate its attainment for the
multitude. It is better to suppose that the exalted opinions
of mental cultivation and scientific attainment which Smith-
son manifested in his life and writings, and the efforts and
contribution which he made towards ensuring to learning a
superiority to any distinction founded on hereditary title,
resulted rather from the ennobling influence of great scienti-
fic attainments upon his own character than from the mis-
fortunes of his birth, which forbade his enjoyment of the
titular honors that distinguished his father.

Or, if made to feel the incompatibility of his condition
with the kind of distinction which was enjoyed by his more
fortunate relatives, he may be pardoned the ambition which
led him to adopt a course to give imperishable distinction
to his name, ‘‘ when the titles of Percy and Northumberland
are extinct.” And the Smithsonian Institution, in the city
of Washington, is the means by which that distinction is to
be achieved and perpetuated. Such an end, with such ample
means demanded appropriate administrations and suitable
measures.

THIRTY-THIRD CONGRESS, 1853-55. 645

It must be conceded that the plan of the Smithsonian In-
stitution must be of a character different from most others,
or it will only be a rival of existing institutions; and the
language of the testator is explicit as it regards ‘the char-
acter and objects of the institute which he intended to found
and endow. ‘The object was “to found at Washington an
establishment, under the name of the Smithsonian Institu-
tion, for the INCREASE AND DIFFUSION 0F KNOWLEDGE AMONG
MEN.”

The Government of the United States, in accepting the
great trust conferred, pledged itself to carry out the objects
of the founder, to administer the funds with a distinct
reference to the requirements of the will, and to keep the
institute, which bears the name of the founder, separate in
all its relations from any and every other; to give it a dis-
tinct and substantive existence, and insure independence
and efficiency to its operations.

The distinction between ‘the increase and the diffusion of
knowledge is real, and in the administration of the Smith-
sonian Institution is of very great importance.

We have, all around us, libraries and museums, by which
what is known of literature and science may be diffused, so
far as the influence of those libraries and museums extends ;
but it cannot be denied that such an influence is necessarily
quite limited.

But the “inerease of knowledge” is more dependent
upon the means of the promoters than their location, and
the amount of valuable contribution to any science must
depend more upon the assurance that the contributor can be
requited for his time and labor, than upon any advantages
of position; and it is eminently true that our country
abounds with men whose tastes and attainments lead them
into a particular branch of moral or physical science, but
whose ordinary pursuits do not allow them to extend their
investigations into specialities, so that large stores of knowl-
edge often lie undeveloped in the mine of science for want
of some men of leisure to follow the drift and secure the
treasure.

The Smithsonian Institution has already enabled men of
that class, and encouraged those of more fortunate condi-
tion to make investigations and to adduce results which the
world of science has alre ady confessed go to increase knowl-
edge among men ; and these contributions to the amount
of ‘knowledge, it is admitted, must have been reserved at
least for a future day, had not the foresight of the Smith-
sonian Institution suggested and supplied means for the

646 CONGRESSIONAL PROCEEDINGS.

“increase,” and its appropriate and timely liberality fur-
nished the funds and means for the dissemination.

It has already been remarked, that the unique character
of Mr. Smithson’s bequest rendered it difficult of adminis-
tration upon any plan that should not be sanctioned by some
experience, and hence, if there should be suggested a slight
departure from the requirements of the letter of the law of
1846, by which the institution was organized for action, it
must not be understood as censuring the views of those
who labored in the plan and secured the efficient and
desirable action of Congress. At that time gentlemen of
the highest distinction in literature and science differed in
their views of the best means of carrying out the wishes of
the founder. Each had a favorite theory as it regards the
efficiency of certain means or modes, and that difference
arose greatly from previous habits and associations, or from
the influence which the greater mind had upon the less.

It cannot be denied that the creation of an immense
library was a favorite, and the dominant idea of many who,
at that time, leaned entirely upon foreign writers for infor-
mation, and resorted to books rather than to experiments
and observations for exact information on any science.
Such a course seems natural, where it had been universal,
and the opinions are likely to be operative just in propor-
tion to the dependence of minds upon books; and hence @
vast collection of volumes in any city of the fourth, or fifth
class in point of size, and, as yet of no particular class in
point of science and literature, seemed to promise a fulfill-
ment of the wishes of Smithson.

Yet these volumes were not to “increase the amount of
knowledge among men;” they only recorded the existing
amount, were merely the storehouses of what had been
gathered and kept in the city of Washington, as yet only
the political centre of the nation, and it is difficult to see
how they would serve greatly to ‘diffuse that knowledge
among men.”

Another part of the plan is the establishment of a mu-
seum, and, in the opinion of the committee, this, if kept
within just bounds, is a valuable part of the general plan.
The danger is that a museum, instead of being what its
name implies, will become a receptacle for all the freaks of
nature which a morbid curiosity may discover, and the
resort of those who would rather be amused with a lusus
nature of any kind than with a well arranged and instruc-
tive display of products in their scientific order.

A museum for the Smithsonian Institution should be of a

THIRTY-THIRD CONGRESS, 1853-55. 647

kind to assist the student and the master in natural studies,
and enable them to pursue their inquiries to the full extent
of attained results, that they may increase the amount of
that kind of knowledge, may add to what is already known;
and when they shall have completed that commission, and
their reports shall have satisfied the institution that some-
thing is contributed to the previous amount of knowledge
in their particular branches, then the institution shall cause
those contributions to be printed in an appropriate manner,
and copies to be distributed to the various libraries of the
country and the scientific associations throughout the world;
thus DIFFUSING knowledge among men.

One result of this transmission of the publications of the
institution is eminently worthy of regard, in considering
the means of administering the will of the testator. These
books thus sent out are regarded as “ exchanges,” and thus
they insure to the institution returns from every corres-
ponding society in the world that publishes its proceedings;
and a single publication of a thousand copies of any me-
moir by the Smithsonian Institution is likely to insure to
the shelves of its library numerous copies of different sci-
entific works from sister associations abroad, so that the
very expenditure in that branch of the institution is the

means of supplying the books for a library instead of its

becoming the occasion of diminishing the means of supply-
ing that branch. And it should be added that the works
received in exchange are those which go to supply to the
institution a portion of the very kind of information most
suited to its character and objects, and insuring to its offi-
cers and frequenters detailed reports upon branches of sci-
ence that might otherwise have remained undeveloped.

The city of Washington may rejoice in the multiplication
of general libraries, and the young may frequent the Smith-
sonian Institution for duplicates of amusing volumes which
they have seen in the Congressional Library; and the latest
novel or the last essay may find its place on its shelves, to
the augmentation of its catalogue, and the diminution of
its funds; but it will scarcely be claimed, in behalf of such
a collection, that it is a selection suited to the views of Smith-
son, or in accordance with his will.

The committee, unable at present to pursue further their
inquiries into a subject of so much importance to the hopes
of the scientific, beg leave to present the following resolu-
tions :

Resolved, That having accepted the trust conferred by the last will and
testament of James Smithson, and having experienced inconvenience from

648 CONGRESSIONAL PROCEEDINGS.

a former investment of a part of the funds of that trust, the United States
will best promote the object of the testator, and secure the prosperous and
profitable action of the Smithsonian Institution, by retaining the funds of
that institution in the Public Treasury, and allowing the same interest now
paid for the use of those funds.

Resolved, That it is expedient to enlarge the permanent fund of the insti-
tution by the investment of such sums, not exceeding $125,000, as may have
been or shall be received for accrued interest or otherwise, in addition to
the principal sum of the Smithsonian bequest, and that the said additional
sum of $125,000 be received into the Treasury of the United States upon
the same terms as those upon which the original fund is now held.

THIRTY-FOURTH CONGRESS.

SENATE, January 28, 1856.

Mr. TRUMBULL presented a memorial from a committee
appointed at the Illinois State Educational Convention,
praying for a grant of land to each State in the Union, for
the purpose of endowing industrial universities, to cooperate
with each other, and with the Smithsonian Institution, at
Washington, for the education of the industrial classes and
their teachers, accompanied by resolutions adopted by the
Legislature of the State of Illinois, favoring the project;
which was referred to the Committee on Public Lands.

Senate, Hebruary 12, 1856.

Mr. Mason gave notice of his intention to ask leave to ~

introduce a joint resolution, providing that the vacancies in
the Board of Regents of the Smithsonian Institution of the
class other than members of Congress, occasioned by the
resignation of Rufus Choate and the death of Hon. Jno.
McPherson Berrien, be filled by the appointment of George
E. Badger of North Carolina, and C. C. Felton of Massa-
chusetts.
Srenatn, Hebruary 13, 1856.

Mr. Mason offered the above resolution; which was read
the first time, and ordered to a second reading.

Mr. Mason. Mr. President, the Board of Regents have
been unable to obtain a quorum, in consequence of the delay
in organizing the House; and in order to fill the existing
vacancies, it is desirable that the resolution should be acted
on at once. It is one to which, I presume, there is no ob-
jection; I, therefore, ask for its consideration now.

There being no objection, the joint resolution was read
the second time, and considered as in Committee of the
Whole.

Mr. Mason. Mr. Badger is known to every Senator
present; and of Mr. Felton, I would only say that he is

THIRTY-FOURTH CONGRESS, 1855-57. 649

professor of Greek at the Harvard University; that he is a
gentleman of eminent literary as well as other attainments,
and possesses, perhaps, a better knowledge of literary insti-
tutions, at home and abroad, than most others.

The joint resolution was passed.

SENATE, June 19, 1856.

On motion of Mr. Dovatas, Mr. J. A. Pearce was reap-
pointed regent by the President of the Senate.

July 25, 1856.—Report of the institution for 1855 pre-
sented, and ordered to be printed.
Mr. Pearce moved that 10,000 extra copies be printed.

July 29, 1856—

Ordered, That 10,000 additional copies of the tenth annual report of the
Regents of the Smithsonian Institution be printed—2,500 of the same to be
for the use of the institution.

January 21, 1857.—The following resolution was adopted:

Resolved, §c., That the vacancies in the Board of Regents of the Smith-
sonian Institution, of the class ‘‘ other than members of Congress,’’ be filled
by the reappointment of the late incumbents, viz: Richard Rush, of Phila-
phia, and Joseph G. Totten, of Washington.

February 28, 1857.—Annual Report for 1856 presented,
and ordered to be printed.

Mr. Frtcu moved that 10,000 copies be printed.

March 8, 1857.—On motion of Mr. Jounson, of Arkansas,
it was—

Resolved, That there be printed, for the use of the Senate, 10,000 extra
copies of the annual report of the Board of Regents of the Smithsonian
Institution, 2,500 of the same to be for the use of the Institution; and that
the Secretary be authorized to add to the portion of his report now before
the Senate such matter as may be necessary to complete the same: Provided,
That such additions shall not exceed in the aggregate 423 pages, the num-
ber of pages contained in the 10th annual report. And provided, further,
That the entire amount of copy necessary to complete the said report be
placed in the hands of the public printer by or before the 10th day of April
next; but no portion of said copy shall be placed in the hands of the public
printer until the whole shall have been completed and delivered into the
hands of the Superintendent of the Public Printing.

March 6, 1857.—The President of the Senate appointed
Mr. James M. Mason as Regent.

Hovusr oF Representatives, Pebruary 21, 1856.

On motion of Mr. Stepusns, the joint resolution from the
Senate of February 13 for the appointment of regents was
passed.

February 26, 1856.—The Speaker made the following ap-
pointments as regents: Hiram Warner of Georgia, James
Meacham of Vermont, Wm. H. English of Indiana.

650 CONGRESSIONAL PROCEEDINGS.

Mr. Mracuam. In the nomination of Regents of the
Smithsonian Institution made by the Speaker this morning,
I find that my name stands in the list. I feel grateful to
you, Mr. Speaker, for the honor thus conferred upon me;
but I beg of you to erase my name, and appoint some other
member of this House. I have two or three reasons for
making this request. In the first place, I have enjoyed the
honor and borne the burden of that position for a period of
four years, and I think it better that the duty should circu-
late among different members of the body, and that it should
not remain stationary. I have another reason for asking to
be excused. You, sir, have already placed me in a position
on a committee of this House which demands all my atten-
tion. I will not conceal that I have another reason, which
I shall take another time to explain. It is, that I cannot
approve the present course of that institution, if it have any
course, and is not merely standing still and marking time—
the mere mockery of motion. It is not producing that im-
pression upon the country and people which it ought to
make. J cannot consent, and will not consent, to follow an
institution whose leader is smitten with chronic monomania
on a single subject—an institution whose line of march, as I
believe, runs athwart the line of law by which it holds its
existence. I, therefore, beg of you to accept my thanks and
resignation.

There being no objection, Mr. Meacham’s resignation was
accepted.

The SPEAKER appointed Hon. Benjamin Stanton, of Ohio,
as Regent.

May 23, 1856.—Report of Smithsonian Institution, for
1855, presented.

Mr. Enexisn moved that 10,000 extra copies be printed.

August 9, 1856.—The following resolution was adopted:

Resolved, That 10,000 copies of the report of the Smithsonian Institution
for the year 1855 be printed—7,500 for the use of members of the House,
and 2,500 for the institution.

Eebruary 18, 1857.—Report for 1856 presented, and or-
dered to be printed.

March 3, 1857.—The following resolution was adopted :

Resolved, That there be printed of the report of the Regents of the Smith-
sonian Institution for 1856, 10,000 copies—7,500 for the use of members of
the House, and 2,500 for the use of the institution.

December 14, 1857.—The Speaker appointed as Regents
of the Smithsonian Institution—Wm. H. English of Indiana,
Benjamin Stanton of Ohio, and Lucius J. Gartrell of Georgia.

THIRTY-FIFTH CONGRESS, 1857-59. 651

THIRTY-FIFTH CONGRESS.

Senate, May 27, 1858.

Annual report of the Smithsonian Institution for 1857
presented, and Mr. Prarce moved the printing of 10,000
extra copies, 2,500 of which to be for the use of the insti-
tution.

June 3, 1858.—Mr. Jounson, of Arkansas, from the Com-
mittee on Printing, reported the following:

Resolved, That 10,000 additional copies of the report of the Board of Re-
gents of the Smithsonian Institution, for the year 1857, be printed—5,000
for the use of the Senate and 5,000 for the use of the Smithsonian Institu-
tion: Provided, That the aggregate number of pages contained in said
report shall not exceed 440, without wood-cuts or plates, except those fur-
nished by the Institution. And provided, further, That the entire amount
of copy necessary to complete said report be placed in the hands of the
Superintendent of the Public Printing before the commencement of print-
ing any portion of said report.

Mr. Iverson. I object to the resolution, unless the 5,000
copies for the use of the Senate be stricken out. I have no
objection to the other 5,000 being printed for the Smith-
sonian Institution.

Mr. Jounson, of Arkansas. I do not care whether it be
published or not. I submit to the will of the Senate.

The Vicr PRESIDENT. Objection being made, the resolu-
tion will lie over.

June 12, 1858.—The above resolution of June 3, was
adopted. :

January 7, 1859.—Resolution adopted to fill vacancies in
Board of Regents:

Resolved, §c., That the vacancies in the Board of Regents of the Smith-
sonian Institution other ‘‘than members of Congress’’ be filled by the
appointment of Alexander D. Bache, a member of the National Institute
and resident in the city of Washington, and George E. Badger, of the
State of North Carolina,

February 23, 1859.—The annual report of the Smith-
sonian Institution, for 1858, was presented.

Mr. Mason moved to print 10,000 extra copies, 5,000 for
the Senate and 5,000 for the institution.

February 24, 1859.—Mr. Firceu reported the following
resolution, which was adopted:

Resolved, That there be printed, in addition to the usual number of the
report of the Board of Regents for the Smithsonian Institution, for the
year 1858, 5,000 copies for the use of the Smithsonian Institution: Pro-
vided, That the aggregate number of pages contained in said report shall
not exceed 450 pages, without wood-cuts or plates, except those furnished
by the institution.

652 CONGRESSIONAL PROCEEDINGS.

House oF REPRESENTATIVES, May 29, 1858.

The annual report of the Smithsonian Institution for 1857
was laid on the table, and ordered to be printed.

Mr. Eneuise. I move that 10,000 extra copies of the
report be printed.

Mr. Jonzs, of Tennessee. I hope no extra copies of it
will be printed.

The motion was referred to the Committee on Printing.

June 12, 1858.—Mr. Nicuots, from the Committee on
Printing, submitted the following:

Resolved, That there be printed of the report of the Smithsonian Institu-
tion seven thousand copies for the use of members of the House of Repre-
sentatives, and two thousand for the use of the Institution.

Mr. Jonzs, of Tennessee. How much will that cost?

Mr. Nicuots. The cost will be $3,500, according to an
estimate made by myself. It is a large reduction on the
number heretofore ordered. I call for the previous question.

Mr. Burnett. I move to lay the resolution upon the table.

Mr. Jones, of Tennessee. I demand the yeas and nays.

Mr. Kerrr. I rise to a question of privilege.

The Spraker. The Chair cannot entertain the motion
pending the call for the previous question.

The House divided on ordering the yeas and nays, and
there were—ayes 25, noes 109.

The Speaker. The yeas and nays are not ordered.

Mr. Burnett. I want tellers on the yeas and nays.

The Speaker. The Chair thinks the call comes too late.
The Chair stated the vote, and paused some time before he
announced the result.

Mr. Burnett. The Speaker stooped over a moment, and
as soon as he rose to an erect position, I rose and called for
tellers upon the yeas and nays, and the result was announced.

The Speaker. Did not the gentleman hear the announce-
ment before he addressed the Chair ?

Mr. Burnett. Yes, sir. I heard the announcement, 109
and 25.

The Speaker. The application comes too late.

The question was then taken upon the motion to lay the
resolution upon the table; and it was not agreed to—ayes
380, noes 97.

Mr. Burnett demanded the yeas and nays upon the adop-
tion of the resolution.

The yeas and nays were ordered.

The question was taken; and it was decided in the affirma-
tive—yeas 84, nays 50—as follows :

EEE EE EO EE EEE

THIRTY-FIFTH CONGRESS, 1857-59. 653

YEAS—Messrs. Adrian, Ahl, Andrews, Arnold, Billinghurst, Bingham,
Bliss, Brayton, Buffinton, Burlingame, Burns, Burroughs, Chase, Cava-
naugh, Chaffee, Chapman, Ezra Clark, Clawson, Clark B. Cochrane,
Cockerill, Colfax, Comins, Corning, Covode, Cragin, Curtis, Davis of Mas-
sachusetts, Davis of Iowa, Dawes, Dean, Dimmick, Dodd, Durfee, Edie,
Fenton, Foster, Gillis, Gilman, Gilmer, Gooch, Goodwin, Groesbeck, Grow,
Hatch, Horton, Owen Jones, Keitt, Knapp, John C. Kunkel, Landy, Love-
joy, Humphrey Marshall, Maynard, Moore, Morgan, Morrill, Edward Joy
Morris, Freeman H. Morse, Mott, Nichols, Olin, Parker, John S, Phelps,
William W. Phelps, Phillips, Pottle, Purviance, Reagan, Ricaud, Ritchie,
Robbins, Roberts, Judson W. Sherman, Sickles, Singleton, Samuel A.
Smith, Stanton, Tappan, Underwood, Walbridge, Walton, Elihu B. Wash-
burne, Israel Washburn, and Wood—84.

NAYS—Messrs. Atkins, Barksdale, Bennett, Blair, Bonham, Branch,
Burnett, Caskie, Clemens, Cobb, John Cochrane, James Craig, Curry,
Davis of Indiana, Davis of Mississippi, Dowdell, Eustis, Faulkner, Garnett,
Gregg, Hopkins, Houston, Huyler, Jackson, Jenkins, George W. Jones,
Jacob M, Kunkel, Leiter, Letcher, Maclay, McKibbin, Miles, Niblack,
Peyton, Potter, Powell, Royce, Ruflin, Russell, Sandidge, Savage, Scales,
Henry M. Shaw, William Smith, Spinner, Stevenson, Miles Taylor, Tomp-
kins, Trippe, Winslow, and John V. Wright—60.

So the resolution was agreed to.
House or REPRESENTATIVES, December 16, 1858.

Report of the Committee on the District of Columbia on
the memorial of the National Institution for the Promotion
of Science, praying for an appropriation for preserving the
collection of objects. of natural history entrusted to their
charge; shows that, in fact, the collections are now in the
Smithsonian Institution—they were formerly in the Patent
Office, under the charge of the Government—and, therefore,
the committee ask to be discharged from the further con-
sideration of the memorial.

The report of the committee was concurred in.

January 10, 1859.—Resolution of the Senate of January
7, adopted, to elect A. D. Bache and G. E. Badger, regents.

March 2, 1859.—Mr. Suiru, of Tennessee, from Commit-
tee on Printing, submitted the following resolution :

Resolved, That there be printed 5,000 extra copies of the report of the
operations of the Smithsonian Institution, for the year 1858; 3,000 for the
use of members of the House, and 2,000 for the use of said institution.

Mr. Suita, of Tennessee, demanded the previous question.

Mr. Jones, of Tennessee, demanded a division.

The House divided; and there were ayes—88.

The Spraker. Does the gentleman insist on his divi-
sion ?

Mr. Jones, of Tennessee. Yes, sir; unless it is pro-
posed to pay for this printing out of the Smithsonian fund.

The division was made; and there were—noes, 45. So
the resolution was adopted.

654 CONGRESSIONAL PROCEEDINGS.

Mr. Smitu, of Tennessee, moved to reconsider the vote
by which the resolution was adopted; and also moved that
the motion to reconsider be laid upon the table. Agreed to.

THIRTY-SIXTH CONGRESS.

SENATE, January 26, 1860.

The PrusipENT of the Senate reappointed Mr. Stephen A.
Douglas as regent.

June 11, 1860.—Report of the Smithsonian Institution,
for 1859, presented, and ordered to be printed. |

On motion, by Mr. PEARCE, it was—

Resolved, That 10,000 additional copies of the report of the Regents of
the Smithsonian Institution, for the year 1859, be printed; 5,000 for the
use of the Senate, and 5,000 for the use of the institution: Provided, That
the aggregate number of pages contained in said report shall not exceed
450 pages, without wood-cuts or plates, except those furnished by the insti-
tution.

January 12, 1861.—Mr. Doveu.as offered a resolution that
the vacancies in the Board of Regents of the Smithsonian
Institution be filled by the appointment of Messrs. George
M. Dallas, William B. Astor, and Cornelius C. Felton.

February 21, 1861.—House bill making appropriations
for sundry civil expenses of the Government for the year
ending 30th June, 1862, was taken up for consideration.

The next amendment was to strike out from lines two
hundred and twenty-three to two hundred and twenty-six
inclusive, in the following words:

For the preservation of the collections of the exploring and surveying

expeditions of the Government, and the construction of suitable cases to
receive said collections, $6,000.

And to insert, in lieu thereof:

For the distribution of the collections of the exploring and surveying
expeditions of the Government, and the construction of additional cases to
receive such part of said collections as may be retained by the Government,
$6,000.

The PrEsIDING OFFICER put the question; and declared
the noes appeared to have it.

Mr. FrsspeNDEN. Senators certainly do not understand
the amendment they are voting against.

Mr. Hatz. IconfessI do not. Let us have it explained.

Mr. Fusspenpen. I will give an explanation. This sum
is necessary to be appropriated for the distribution of the
collections of the exploring expeditions. They brought back

oa:

THIRTY-SIXTH CONGRESS, 1859-61. 655

with them a great deal of matter which has been arranged
for distribution among the several States.

Mr. Braae. I hope the Senator will speak louder; he
cannot be heard.

Mr. Frssenpren. I say there were a great many dupli-
cates of the collections which are proposed to be distributed
among the several States, and this sum is necessary in order
to have them arranged and distributed.

Mr. Grimes. How many such appropriations have been
made for distribution heretofore?

Mr. FressenDEN. ‘This is the first appropriation of the
sort:

For the distribution of the collections of the exploring and surveying
expeditions of the Government, and the construction of additional cases to
Baan such part of said collections as may be retained by the Government,

There are two things provided for in this amendment.
Both are necessary. The sum is a very reasonable one.
The Committee on Finance examined this matter, and came
to the conclusion that it was proper to make this appropria-
tion. The only alteration we have made is to put it ina
better shape than it was before. The chairman of the com-
mittee thought the lines proposed to be stricken out were
indefinite.

Mr. Grimes. I understand this is the first appropriation
ever made for distribution ?

Mr. FessenDEN. Yes, sir. .

Mr. Pearce. Mr. President, these collections are made
by all the expeditions sent out by the Government. A great
many of them are sent overland to the Northwest. All of
them bring home collections of natural history. They are
all sent to the Smithsonian Institution, where they are ar-
ranged and classified. We have no means for keeping these
specimens there; and it is very desirable that the duplicates
should be given to the colleges and scientific institutions
throughout the country. This appropriation is not a large
one. These specimens have been collecting for a number of
years; and the object now is to distribute them to places
where they would be valuable—that is all.

Mr. Grimes. Under what law, to what institutions, and
in what manner, are they distributed ?

Mr. Pearce. There is no law that I am aware of for the
distribution; but it has been proposed by the Secretary of
the Interior that these objects should be thus distributed.
They will be distributed by the Smithsonian Institution, in
whose care they are placed.

656 CONGRESSIONAL PROCEEDINGS.

Mr. Grimes. According to the discretion of the superin-
tendent of that institution ?

Mr. Pearce. Yes, sir; with the approbation of the Inte-
rior Department, of course, which is required for all things
of this sort.

Mr. Hatz. Then, I think, Congress should not appro-
priate the money. I think they ought to be distributed by
law, as books and manuscripts are, and should not be given
to the discretion of this Department.

Mr. FesseNDEN. Why not add the words: “in the dis-
cretion of the Secretary of the Interior?”

Mr. Hatz. There does not seem to be any necessity for
the provision at all.

The Presipine Ormcer, (Mr. Polk in the chair.) If no
amendment be offered, the question will be on the amend-
ment reported from the Committee on Finance.

Mr. FEssENDEN. I suppose the amendment may be
amended.

The Prestpina Orricer. Certainly; but, as the Chair
stated, no amendment being offered to it, the question is
on the amendment as reported by the committee.

Mr. Hunter. It seems to me that before we adopt this
amendment, its friends ought to put some limitation on it
by which hereafter the Smithsonian Institution is not to re-
ceive these things; for I am afraid it will be the beginning
of a system of annual distribution like those Patent Office
seeds, and may lead us into a large annual expenditure, un-
less there is some limitation. I would be willing to distrib-
ute them once, if you would puta stop toit there; and there
ought to be something done to prevent the receipt of these
things hereafter.

Mr. Pearce. The Smithsonian Institution has not the
slightest interest in this thing Whatsoever; but the Govern-
ment has for years—having no other place to put them—sent
all these collections to the Smithsonian Institution, which
building, large as it is, is very much lumbered up by them.
If you keep them there, they will be compelled to turn other
collections away. There is no room to receive any more.
They are enormous in bulk and very numerous. It is desi-
rable to get rid of them; and we cannot make a better dis-
position of them than to send them to colleges and scientific
institutions which have already collections of this sort,
though imperfect. It is a very remarkable collection of
objects in natural history. There is no desire on the part
of the institution to obtain the distribution of this collec-
tion. Itisa gratuitous thing on their part altogether. This

THIRTY-SIXTH CONGRESS, 1859-61. 657

is not for their advantage at all, except so far as it will re-
lieve the building of the incumbrance of such an immense
collection; and yet it can never be done except by author-
ity of law. This is the first occasion on which it has been
asked.

Mr. Hunter. I have no idea that this is to the advantage
of the Smithsonian Institution. I believe the object of the
amendment is a good one; but why not allow them to give
these things to those that may apply? Why appropriate
money for the purpose of distributing them? Why not
allow them to give them to those who may apply, according
to their judgment? ‘That would throw the expense upon
those who received them. But if we once begin with this
appropriation I am afraid we shall go on distributing these
collections just as we do the seeds at the Patent Office.

Mr. Pearce. A large part of this appropriation is intended
for the construction of cases to receive such portions of the
collections as may be retained by the Government. The
expense of their distribution will be very small indeed. We
do not mean to pay the expenses of their distribution. They
will be paid by the institutions to whom they go.

Mr. Fressenpen. Of course this is only an amendment to
the preceding one. Was the other amendment struck out?

Mr. Prarce. Yes, sir; I think so.

Mr. Fessenpen. I will inquire whether the amendment
proposed in the two hundred and twentieth line, to strike
out the words “‘and distribution,” after the word “ preser-
vation” has been acted on.

The Presipine Orricer. The Chair is informed by the

- Secretary that that amendment has not been acted on, and,

will now put the question on the amendment to strike out,
in line two hundred and twenty, after the word “ preserva-
tion,” the words ‘“‘and distribution,” so that the clause will
read :

For preservation of the collections of the exploring and surveying expe-
ditions of the Government, $4,000.

Mr. Grimes. I apprehend there is not a college or mus-
eum in the land but would be willing and anxious to have
the opportunity to come here to the Smithsonian Institution,
and take its proportion of these fossils or specimens

The Presipine Orricer. Will the Senator from Lowa
allow the Chair to state that the amendment which has just
been read precedes the one under consideration, and the
Senate should pass on that first; and then the subject of
remark to which the Senator from Iowa is directing his
attention would be appropriate.

42

‘658 CONGRESSIONAL PROCEEDINGS.

Mr. Hunter. The proposition is to strike out one, and
insert; so that now is the time to speak upon it.

Mr. FressenpEn. Not at all.

The Presipine Orricer. No, sir; this precedes the other.
The question is on the adoption of the amendment last read.

Mr. Hunter. Is that an amendment on which we can
come at this question?

The Presipine Orricer. No, sir; it is the amendment
that precedes it.

Mr. Grimes. It is the amendment in line two hundred
and twenty, I understand.

The Presrpine Orricer. The Secretary will report the
amendment.

The Secretary again read it. On page 10, line two hun-
dred and twenty, to strike out the words, “and distribu-
tion;” so that the clause will read:

Exploring Expedition.—For preservation of the collections of the explor-
ing and surveying expeditions of the Government, $4,000.

Mr. Pearcz. These words wereimproperly putin. That
appropriation is the one which we make annually. These
collections were all in the Patent Office, and as the Depart-
ment of the Interior wanted the Patent Office for other pur-
poses, provision was made by law for transferring these
collections to the Smithsonian Institution, the Government
paying the expense. The annual expense is about four
thousand dollars. By a mistake the word “ distribution ”
was put in the bill as it came from the House of Representa-
tives. This money is wanted for the preservation of the
collections, and not for their distribution; and therefore we
move to strike out the words “ and distribution.”

The motion to strike out was agreed to.

The Secretary read the next amendment of the Committee
on Finance; which was to strike out line two hundred twen-
ty-three to line two hundred and twenty-six, inclusive, in
the following words :

‘«« For the preservation of the collections of the exploring and surveying

expeditions of the Government, and the construction of suitable cases to
receive said collections, $6,000.”’

Mr. Grimes. Mr. President—

Mr. FrssenDEN. Striking out these words will accomplish
the Senator’s purpose.

Mr. Grimes. Ido not know that. The bill, as it came
from the House of Representatives, furnished an appropria-
tion for the preservation of these things. That I am willing
shall be done; but Lam unwilling that a distribution shall

THIRTY-SIXTH CONGRESS, 1859-61. 659

be made by which these articles are to be distributed over
the country without Congress specifying the manner in
which they shall be distributed. I want to know how they
are to be distributed. [I am content that they should be
distributed; and I think, if there is an excess of them
here, they should be distributed in some way, either by al-
‘lowing persons and institutions in different portions of the
country to come here and obtain them; or else, if you see
fit to do so, allowing the superintendent of the institution to
distribute them; but he should not be permitted to distrib-
ute them on any principle of favoritism; as, I fear, may be
the case, unless you provide in the law specifically in what
manner they shall be distributed. For instance, we might
say that one institution in each State, or two institutions in
each State, should be furnished with these specimens, or
that they should be distributed to certain specified institu-
tions; but [am unwilling to leave the matter entirely to
the discretion of the Secretary of the Interior, or the Super-
intendent of the Smithsonian Institution.

Mr. FrssenDEN. My friend from Iowa is a little too fast.
If he will look at this amendment, he will find that it is
merely to strike out the words in lines two hundred and
twenty-three, two hundred and twenty-four, two hundred
and twenty-five, and two hundred and twenty-six, for which
other words are to be substituted. If these words be stricken
out, and the others be not substituted, he accomplishes his
object. The question he is debating is really the substitu-
tion, which is simply to put in this clause in a more definite
form. There can be no objection to striking out these
words.

Mr. Hunter. The Senator from Iowa will accomplish
his present purpose if we should refuse to strike out, and
leave the clause as it stands. The difference between the
two is, that the amendment proposes to distribute as well as
to preserve these collections, and the words proposed to be
stricken out merely provide for the preservation.

Mr. FressenpEN. The provision above, which has been
already adopted, makes all the appropriation necessary to
preserve the collections. Then we come to the clause which
provides for the distribution, and that itis proposed to strike
out and to insert aredraft of the provision in another form.
The first paragraph applies to the preservation.

Mr. Hunter. Then the plan would be to vote for striking
out, and to vote against inserting what it is proposed to insert.

Mr. FrssenpEN. There is no objection to appropriating
the $4,000 for*the preservation. That is done. That is

660 CONGRESSIONAL PROCEEDINGS.

necessary. Then comes for the preservation again. That
is a mistake ; and therefore the clause was redrafted by the
committee, so as to provide for the distribution. We do
not want to provide once more for preserving the collections
that are to be kept there, and therefore these words ought
to be stricken out.

Mr. Hunter. I say strike out these words; and then, if
you oppose the distribution, vote against the amendment
which proposes to insert the other words.

Mr. FessenDrEN. That is precisely what I am proposing
to the Senator from Iowa; to let these words be stricken
out, and then bring up the question in that way.

Mr. Prarcr. I should like to say to the Senator from Iowa
that there are collections enough to supply every college
and every scientific institution interested in such matters in
the country, and our intention is to supply the whole of
them; there cannot be any favoritism ; but we must make
some small appropriation for it, although we do not propose
to pay the transportation. It would not do, for example, to
let the president of a college come here and select just what
he would pick and carry away. That would produce the
very effect which the Senator is so desirous of avoiding.
One institution would get too much, perhaps. Somehody
must be employed not only to arrange these objects of natural
history and classify them, but also to put aside into separate
parcels the portions which are to be distributed to the different
institutions. For that we areto pay. The Senator can guard
against the Government paying the expenses of transporta-
tion if he pleases, by making an amendment to it in this form,
‘provided that no part of the said money shall be expended in
transportation.” As to favoritism, I say it is not possible,
because there is an abundance of these collections to answer
the calls of every institution in the country.

Mr. Braaa. I think the difficulty may be obviated by an
amendment which I have prepared; though I suppose my
amendment will not be in order at this time, as I understand
there is an amendinent pending to the amendment.

The Presipine Orricer. The question now is on striking
out.

Mr. FessENDEN. On striking out what nobody objects to
striking out. ;

Mr. Brace. This, I think, will accord with the idea of
the Senator from Maryland, to follow the amendment offered
by the committee:

‘Such distribution to be only to institutions willing to receive the same,
and at their own expense.’’

THIRTY-SIXTH CONGRESS, 1859-61. 661

The Prisstpine Orrrcur. The question is on striking out.

Mr. Hatz. Is it in order to move to strike out more
words with those which the committee propose to strike out?

The Prestpina Orricer. Perhaps it would be in order
as an amendment to the amendment; but the Chair would
suggest to the Senator that it would be better to take the
question on striking out the words which the committee
propose to strike out.

Mr. Hatz. I agree to that.

The Presipine Orricer. The question is on striking out
the words which have been read.

The motion to strike out was agreed to.

The Prusipine Orricer. The question now is on the
amendment of the Committee on Finance, to insert the fol-
lowing words:

For the distribution of the collections of the exploring and surveying

expeditions of the Government, and the construction of additional cases to

receive such part of said collections as may be retained by the Government,
$6,000.

The Senator from North Carolina moves to amend the
amendment by adding to it:

Such distribution to be only to institutions willing to receive the same,
and at their own expense.

The question is on the amendment to the amendment.

Mr. Hate. Iam opposed to the whole of this, from be-
ginning to end. I have been in Congress I do not know
how many years; but about as long as the Smithsonian In-
stitution has been in existence. I have devoted some time
every year, more or less, to finding out what on earth that
Smithsonian Institution was for; I have had friends who
have visited Washington, who have told me that they were
going to examine it to find out; and I have asked them re-
peatedly,ifany of them had found it out, to tell me. The New
York Tribune—I do not often quote from that paper; for
it is never very complimentary to me, any more than it is
to the Smithsonian Institution—said that it was a sort of
iying-in-hospital for literary valetudinarians. [Laughter.]
But, sir, it has a fund I believe of $500,000

Mr. Grimes. Six hundred thousand dollars.

Mr. Hate. Six hundred thousand dollars, making an
income, then, of $36,000 a year ‘for the increase and diffu-
sion of knowledge among men,’ I believe. So far as I am
concerned in the lot of humanity, they have never distributed
knowledge enough to me to let me know what the thing is
for, or what it does. In addition to the $36,000 which it
has of its annual income from its funds, you propose now to

662 CONGRESSIONAL PROCEEDINGS.

appropriate $10,000 more for preserving the collections of
the exploring and surveying expeditions of the Government,
and for the distribution of the collections of the exploring
expeditions, and the construction of additional cases to re-
ceive such collections as may be retained by the Govern-
ment. We are to appropriate $10,000 to this institution, to
keep and distribute these collections, in addition to their
annual income of $36,000. Iam opposed to the whole of
it. I think it is wrong. I think the institution itself is
wrong, and based upon one of the grossest misconceptions
of plain English that any institution ever was.

Old Mr. Smithson—if the Senate do not want to hear me,
I will stop; I know it is not a very good time to speak,
[‘*Go on’ }—old Mr. Smithson, I suppose, was a man of
scientific attainments—no doubt of that—a friend of science ;
a lover of science. He had seen the colleges and the uni-
versities of England hitched on to the Church and the State.
The yoking together of these three he thought was not favor-
able to the advancement of science in the world. Then, sir,
he had in his brain the sublime conception of founding a
democratic university; one that should be free from the
corruptions of the Church and State, as they existed in Eng-
land. Looking abroad over the face of the earth, to see a
place where this great and benevolent idea might be carried
out, he selected the United States as a place where demo-
cratic institutions prevailed, and he gave this liberal fund
that he might found an institution under the benign influ-
ence of democratic institutions, that should be devoted to
the increase and diffusion of knowledge among men, instead
of having it harnessed to Church and State. Well, sir, our
Government undertook the trust; and a grosser abuse of a
trust never was perpetrated on the earth. Some of the
wisest men we had at that day thought there was too vague
a meaning in that phraseology which said that it was to be for
the inerease and diffusion of knowledge among men. ‘They
forgot that men were made of boys; and they thought that
if they devoted it, as poor old Smithson intended it should
be, for the education of boys, under the influence of such
an institution as he designed, it would not answer his pur-
pose, because he intended it for the increase and diffusion
of knowledge “among men;” and so, they have got up the
thing they have. I will not characterize it, for I confess I
do not know what it is. I saw an advertisement in the Na-
tional Intelligencer that there was to be an exhibition there
at twenty-five cents a ticket, or perhaps fifty cents. That
is for the ‘increase and diffusion of knowledge among men.”

THIRTY-SIXTH CONGRESS, 1859-61. 663

Tn addition to perverting Mr. Smithson’s benevolent and sa-
gacious purposes, defeating one of the greatest ideas that,
ever entered into the head of a benevolent scholar—instead
of making such an institution as he wanted, you have
founded the great humbug of the land; and you propose
now, in addition to the $36,000, to pay them $10,000 out of
the public Treasury. I propose to strike it all out. Now,
Iam prepared to be castigated by the Senator from Mary-
land [ Mr. Pearce] just as much as he pleases.

Mr. Ten Eycx. Rather than have this discussion con-
tinued on the merits of the Smithsonian Institution, I move
that the Senate do now adjourn. [‘ On no!” ]

Mr. FrssenpeN. We shall have it to-morrow instead of
to-day.

Mis Ricr. The understanding was, that we should sit
here until five o’clock, and then take a recess until seven
o’clock.

Mr. Foster. I would suggest that the motion cannot be
entertained. Under the order of the Senate last night, the
Senate to-day was to take a recess from five o’clock to seven,
and an adjournment now would override the order of the
Senate yesterday, and would be an adjournment until to-
morrow. Therefore, such a motion, I think, cannot be en-
tertained.

Mr. Ten Eycx. I withdraw the motion.

Mr. Pearce. Mr. President—

Mr. Bieter. There is no difficulty in taking a recess
now.

The Presrpine Orricer. The Senator from Maryland is
entitled to the floor.

Mr. Prarce. I shall not consume much of the time of the
Senate by replying to the attack which the Senator from
New Hampshire has made on the Smithsonian Institution.
Some years ago the plan of that institution was the subject
of deliberate investigation by a committee of the Senate.
It was discussed here in this body. It was referred to the
Committee on the Judiciary, and the Committee on the Ju-
dicary approved the plan of the institution for the increase
and diffusion of knowledge among men. ‘The Senator
from New Hampshire has not given us any great reason to
respect his authority on this subject, because he started out
with a confession that he knew nothing about it; and, con-
fessing so much, I take it that the Senate will take him at
his word and estimate the value of his remarks at just what
he himself admits them to be worth. It is enough, sir, that

664 CONGRESSIONAL PROCEEDINGS.

the men who composed the first Board of Regents, of which
I was not one, were among the best men in the country,
and that they established this institution upon the plan by
which it is now known, and which has received the delib-
erate assent of the Committee of the Judiciary of the Sen-
ate, and of the Senate itself. How the Senator gets at his
theory of Smithson’s intentions I do not know. If he has
ever read Smithson’s will he will not find one word of all
that he has said in it; and we, whodo know something
about the history of Smithson, know the peculiar reasons
which induced him to give this legacy to the United States.

But, sir, the Senator has remarked about an exhibition
given at the institution a few days since. I wish to explain
that. It might be supposed by members of the Senate that
this twenty-five cents a head was a fee to the institution.
No such thing. The Smithsonian Institution has a remark-
ably fine lecture-room, and it is very often applied for by
individuals who wish to lecture there. Inno case is it given
to an individual who charges. The only case in which any
one is allowed to charge is where the object is charitable or
religious. Church congregations have sometimes applied
for it when a lecture was to be delivered, and they have
been allowed in that case to use the hall, and they them-
selves charge twenty-five cents for each hearer of the lec-
ture—making a fund for the building of their church, or for
the charitable object which is to be subserved, whatever it
may be. These are the only cases where a charge is
made. The lectures of the Smithsonian Institution are al-
was free; and I believe they are a little more valuable than
most lectures in the country for which people pay very will-
ingly.

oie so far as the Government giving $10,000 a year to
this institution is concerned, it is an entire mistake. The
Smithsonian Institution accommodated and obliged the
Government by admitting within their walls these collec-
tions, for which the Government had no proper place, the
Government only paying the expense of their preservation;
that is all. The Smithsonian Institution does not derive any
value to its funds from these appropriations by the Govern-
ment. So in regard to the distribution of these enormous

collections, the institution is not benefitted a fraction. All

we want is a little appropriation to defray the expense
which the institution must incur in classifying and separat-
ing these specimens of natural history for distribution. I
do not object to the amendment of the Senator from North

THIRTY-SIXTH CONGRESS, 1859-61. 665

Carolina; and I purposely refrain from much that I might
say, that I may not consume the time of the Senate.

Mr. Cameron. I am one of those who were here at the
time of the reception by this Government of the Smithsonian
legacy, and one of those who voted to receive that donation
from a philanthropic man in England, who died and left us
his money. I recollect very well that the arguments of
those who were opposed to receiving it were, that it would
be a constant tax on us; that the giving to us of those
$500,000 would result in the expenditure of millions; and
all the friends of the institution, amongst them myself, said,
“No; we will take this $500.000, and get the best we can
out of it.” From that time to now I have always opposed
any appropriation for it. If the institution cannot sustain
itself, let it fall. I believe it is doing good. Ido not want
to make it one of those things that shall constantly eat into
the vitals of this Government. This is a Government here
by itself, controlling itself, and controlling many other
things around it. My feelings to it are nothing but kind;
but I think it ought to sustain itself, and I shall vote against
every appropriation for it. I rise, however, only to say a
word in regard to a remark made by the Senator from
Maryland, who is almost always right. He spoke of the
ignorance of the Senator from New Hampshire on this sub-

ject. Isimply want to say to the Senator from Maryland,

that the best book we have ever had says that, whenever
we have learned our own ignorance, we are nearest wisdom.

Mr. FessenpEN. I wish to correct an error into which
my friend from Pennsylvania has fallen; and I think my
friend from New Hampshire, also, is troubled with the same
difficulty. This is not anything paid to the Smithsonian
Institution. It is not in aid of their fund. It has nothing
to do with anything connected with that institution in any
shape or form. They do not call upon us for anything con-
nected properly with the institution, to render them any aid
in any shape. The simple matter is this: we have a large
collection of this material, coming from several exploring
expeditions. It was all placed at the Patent Office, or under
the charge of the Secretary of the Interior. There was
nobody to take care of it; there was nobody to arrange
it, nobody to do anything with regard to it; it was turning
out to be utterly useless, of no good to the Government;
and we imposed the burden on the Smithsonian Institution.
We decreed that it should be sent there and should be exam-
ined there.

666 CONGRESSIONAL PROCEEDINGS.

Mr. Mason. Against their will.

Mr. Fessenpen. And against their will. They did not
ask it. It was a burden we imposed upon them; and having
sent it there, we have made an appropriation, heretofore,
merely of enough to preserve what was necessary to be pre-
served, and to pay the salary of a person who was to take
charge of it, fix the room and take care of it—$4,000, I
think, each year; and it was found, on a careful examina-
tion (I was on the committee when it was first made) to be
a reasonable provision.

Now, sir, there is a very large number of these duplicates,
and it is proposed that those also shall be arranged by these
persons; and after they are arranged, and it is found dis-
tinctly what is best to keep, the rest shall be distributed
amongst the institutions of the country. It is not for the
benefit of the Smithsonian Institution, but for the benefit of
the institutions of the country. We called on them to do
the work; and gentlemen get up here and argue that we
should compel them to do the work and not pay them for
the labor, and compel them also to pay their own expenses.
It is simply providing a mode by which we may carry out
our own objects and our own purposes through their
agency. The labor that they have given to this work, and
the services they render, are altogether gratuitous; and cer-
tainly they ought not to be abused for doing what we asked
them to do with reference to matters which we have placed
under their control, without their requesting us to do it.
That is the simple fact about this matter. It has nothing to
do with the institution.

- Now, sir, as to the Smithsonian Institution itself, what it
has done for science, and what it is doing for science. I have
no doubt that it is doing much; how much, I do not know.
I confess the same ignorance that has been confessed by my
friend from New Hampshire, with the addition that I feel
ashamed I do not know more about it. I ought to know
more about it. I have only to leave my other avocations,
which prevent me from knowing what I want to know. It
is my own fault.

Mr. Dovatas. I desire to add but a word to what has
been so well said by the Senator from Maine. This burden
was imposed upon the Smithsonian Institution, not only with-
out their request but against their wish. These objects were
collected by the exploring expeditions, and deposited in the
Patent Office. They were kept there and preserved as ob-
jects of great curiosity and great interest, until they occu-

THIRTY-SIXTH CONGRESS, 1859-61. 667

pied so large a space that the Government could not afford
the room. They needed the room, and had no place to put
them in. The Smithsonian Institution happened to have
vacant space; but these collections were not connected with
the objects of that institution. The institution was willing
to give them the room free of rent. They were willing to
take charge of the collection, if the annual expenses of the
burden thus imposed was borne by the Government. It was

accepted as a great favor by the Government. I do think,

if they are worthy of our encouragement, we ought to pay
the actual expenses, no more, of taking charge of these ob-
jects of curiosity. Probably there is no object of greater
curiosity to the visitor and the stranger who comes to Wash-
ington, than this museum thus collected; and inasmuch as
they would be an attraction to the institution, they were
willing to accept them; but the objects themselves belonged
to the Government. The Smithsonian Institution is giving
the Government a place in which to keep them. I think,
therefore, that we are bound by every consideration of pub-
lic policy and duty to make this appropriation. I will not
occupy time, for I believe it will be voted almost unani-
mously.

Mr. Cameron. I must say a word in reply to what has
been said by the Senator from Maine and the Senator from
Illinois. Ido not believe that they have studied this sub-
ject so well as they usually study questions. It occurs to
my mind that all this labor which we have imposed upon
the Smithsonian Institution they have invited. I remem-
ber when this exploring expedition came in, it was said
specimens were brought home that would be valueless to
the country, unless we put them in the Patent Office. After
a while somebody came, and asked that they should be
given to the Smithsonian Institution, because, it was said,
it would be an attraction to that building, take people there,
make it a credit to the country ; and we voted forit. After

‘a while, they asked us to give them acertain number of

books, which scientific persons had written, and we had

‘paid for the printing of. The rule used to be that all those

books were sent to Congress, and distributed by members
of Congress; but gentlemen here said we ought not to dis-
tribute them; we should give them to the Department of
the Interior. Then we gave them to the Patent Office; and
then to the Smithsonian Institution; and now these gentle-
men ask us to pay them for distributing those very things
which they invited us to give them.

668 CONGRESSIONAL PROCEEDINGS.

M. Pzarce. I will ask the Senator to specify what scien-
tific books the institution has ever asked us to give them?

Mr. Campron. When [ think the gentleman has a right
to ask a question, I will answer it. I will say to the gentle-
man now that [ want this institution to sustain itself. There
is no reason why we should appropriate money from year to
year to keep up that, a bit more than that you should build
up a scientific institution in the village where [ live. What
right has that institution to come here, and what right have
we toexpend money to keep up an institution for the benefit
only of those who live by it? The Government has no interest
init. The gentlemen who get their salaries, and who live on
the money which old Smithson gave us, have an interest in
it; but we have none. I shall vote against it, if nobody
else does.

Mr. Doveuas. I think it is unfair for my friend from
Maryland to be putting questions to my friend from Penn-
sylvania, for he is evidently joking in what he says. He is
not serious when he talks about the request of the institu-
tion made to Congress for this appropriation and that appro-
priation. It is contrary to the known history of the institu-
tion, and to the known history of the country. It is a very
good joke on the part of the Senator from Pennsylvania;
but I really think the Senate are not going to vote down
this amendment on the strength of that joke.

Mr. Cameron. I will merely say, if the gentlemen of that
institution do not want to have the charge of these things,
let them give them up. What do we care about stuffed
snakes, alligators, and all such things. [Laughter.]

The Presrpine Orricer. The question is on the amend-
ment offered by the Senator from North Carolina to the
amendment of the committee.

The amendment to the amendment was agreed to.

The Presrpine Orricer. ‘The question now recurs on the
amendment as amended.

Mr. Kine. What is the amendment as amended ?

The Presrpine Orricer. The Secretary will read it.

The Secretary read it, as follows:

For the distribution of the collections of the exploring and survey expe-
ditions of the Government, and the construction of additional cases to re-
ceive such part of said collections as may be retained by the Government,
$6,000; such distribution to be made to institutions willing to receive the
same at their own expense,

Mr. FresseNnDEN. That refers merely to the transpor-
tation.

THIRTY-SIXTH CONGRESS, 1859-61. 669

Mr. Grimes. What is the appropriation of $6,000 for?

Mr. Fessenpen. For putting them in order and arrang-
ing them.

Mr. Cameron. I move to strike out the appropriation.
I have no doubt if these things are of any use, scientific
people will be glad to get them, and Iam willing tolet them
have them, if they will take them.

Mr. Rice. The question strikes me in two different as-
pects, a personal and an official one. If we have a right to
make an appropriation for distributing stuffed snakes, and

the various other things that may be collected and brought

here, why have we not a right to make an appropriation for
distributing the models in the Patent Office; or distributing
hoes, plows, and other implements? This has all grown
out of an infraction, in my opinion, of the Constitution, by
distributing seeds. We must stop somewhere. If you can
do this under the Constitution, what can you not do? I
know that the Smithsonian Institution has done great good
for the country. I am applied to daily, for books published
by it, and I know that they are valuable; but it is not, un-
der the Constitution, a Government institution. Let us
stop somewhere, and I think we might as well stop here as
anywhere.

Mr. Haute. I think so too. I should like the country to
know how much we have spent for printing pictures of bugs,
reptiles, &., that these exploring expeditions have brought
here. We published eleven or twelve volumes of the ex-
ploring expedition, illustrated with pictures of bugs, snakes,
and reptiles. It has cost us millions of dollars to print those
pictures, and now we are going to spend $10,000 to distrib-
ute them after spending millions to print pictures of them.
The thing is all wrong, sir.

Mr. Mason. Mr. President, I have been for many years
one of the regents of this institution, under the appoint-
ment of the Senate, in connection with my friend from
Maryland. We know that it is a public trust; one, we
think, of a sacred character. We know as a fact, and it
appears in the records of that institution, that these speci-
mens of natural history, sent from the Patent Office to the
Smithsonian Institution, were sent there against the remon-
strances, repeated from year to year, of that institution;
and if either the Senator from Pennsylvania, or the Senator
from New Hampshire, or any gentleman who thinks with
them, would introduce an amendment to this bill directing

670 CONGRESSIONAL PROCEEDINGS.

the institution to throw what they had received from the
Government out of doors—just put it out of doors, and let
it-rot—I will vote for it. It belongs to the Government.
It does not belong to the institution. It has no business
there within the terms of the trust; none whatever. It was
forced upon them against their will; as they believe, in vio-
lation of the trust left to us by Smithson; and if those
gentleman will devise any mode to take away all these
specimens of natural history sent there by the Government,
I will vote for it cheerfully. I do not know that I would not
consider it incumbent upon me, for the purpose of getting
rid of them, if the Government will not bear the expense
of throwing them out of doors, to vote it out of the funds
of the institution.

Mr. Cameron. I will take the Senator from Virginia at
his word, as far as I am concerned, and say let them throw
them out of doors. They are good for nothing there, and
they are good for nothing out of doors. Suppose these
gentlemen were to come here now asking us to appropriate
six or ten thousand dollars to distribute through this country
specimens of the finest arts the world has ever produced,
which they could purchase for that sum of money in Europe,
would not everybody vote against it? There is not a man
here who would not vote against a proposition to bring the
finest statuary and the finest paintings—

Mr. Mason. Will the Senator allow me to interrupt him
a moment?

Mr. CamEron. Certainly.

Mr. Mason. The Senator says he will do it.

Mr. Cameron. As far as I am concerned.

Mr. Mason. The law now directs that these objects shall
be sent to the Smithsonian Institution. Let the Senator,
on his responsibility, propose to repeal that law, and I
will vote for it.

Mr. Cameron. I will do that most cheerfully.

Mr. Mason. Well, do it now.

Mr. Cameron. Sufficient for the day is the evil thereof.
T will bring in a bill to-morrow, if Senators think it proper;
but we are discussing this question now. Here is an appro-
priation of $6,000 for a most worthless purpose; and what
right have we to appropriate it? When we are all talking
about the distresses of the country; when we do not know
how much country we shall have in a few days; when the
Treasury is empty—not a dollar to pay even members of
Congress, to pay laborers out of doors—we are to appropri-

we

THIRTY-SIXTH CONGRESS, 1859-61. 671

ate six or ten thousand dollars to preserve a parcel of what
you call scientific specimens. A Senator over the way said
they were toads and snakes, and I have no doubt they are
that sort of thing. [Laughter.] They are no use to anybody
now; they have served their day.

I am tired of all this thing called science here. It was
only the other day we made another appropriation in regard
to the expedition which Captain Wilkes took out to the Pa-
cific ocean. We have paid $1,000 a volume for the book
which he published. Who has ever seen that book outside
of this Senate; and how many copies are there of it in this
country? We have spent millions in that sort of thing for
the last few years, and it is time it should be stopped. Now,
the only way—and I say it in all sincerity—in which I think
this Smithsonian Institution can be useful to the country, is
by living within its means; that it shall not ask any aid of
the Government at all; that it shall not rely on patronage,
but on the good it does, and the benefit it confers, to sustain
it. The country at large, and the people of this country will
take care of it, if itis worthy to be taken care of; but if they
come to the Legislature every year asking for an appropria-
tion, it must sink. As a friend of that institution, and as a
friend of the very distinguished and able and pure man who
is at the head of it, Ido not want it to be connected with the
Government at all.

The Presipine OrriceR. The Chair understands the Sen-
ator from Pennsylvania to move to strike out the appropria-
tion contained in the amendment.

Mr. CAMERON. Yes, sir.

The Prestpine OrricEr. The question, then, will be on
the amendment to the amendment, to strike out the appro-
priation.

Mr. Cameron and Mr. Hatz. Let us have the yeas and
nays on that.

Mr. Bineuam. Why cannot we take a vote direct on the
amendment ?

Mr. Cameron. J have no objection to that. I withdraw
the call.

Mr. Hatz. I hope we shall have the yeas and nays on
the amendment of the committee.

The Presipina Orricer. Does the Senator from Penn-
sylvania withdraw his amendment ?

Mr. CAMERON. Yes, sir.

The Presipine Orricer. The question then will be on
the amendment of the committee as amended on motion of
the Senator from North Carolina.

672 CONGRESSIONAL PROCEEDINGS.

Mr. Camuron. I desire to have the yeas and nays taken
on that question.

The yeas and nays were ordered.

Mr. Hate. I simply want to call the attention of the
Senate to the fact that we have stricken out of the amend-
ment, on motion of the Senator from North Carolina, all the
expenses incurred for distribution; and now you propose to
give $6,000 to make bug cases alone, without any transpor-
tation.

Mr. FressenpEN. I will suggest that it is now within four
minutes of the time when we agreed to take a recess.

Mr. Cameron. Let us take a vote.

The question being taken by yeas and nays on the amend-
ment of the Committee on Finance, as amended, resulted—
yeas 29, nays 6; as follows:

Yras—Messrs. Anthony, Bigler, Bragg, Chandler, Clark, Dixon,

Douglas, Durkee, Fessenden, Foot, Foster, Harlan, Hemphill, Johnson of

Arkansas, Johnson of Tennessee, Lane, Latham, Mason, Nicholson, Pearce,
Polk, Powell, Sebastian, Seward, Simmons, Sumner, Ten Eyck, Wado,
and Wilson—29.

Nays—Messrs. Cameron, Grimes, Hale, King, Rice, and Wilson—6.

So the amendment, as amended, was agreed to.
Senate, February 22, 1861.

The following resolution was passed :

Resolved, §c., That the vacancies in the Board of Regents of the Smith-
sonian Institution of the class ‘‘ other than members of Congress,’’ be filled
by the appointment of William L. Dayton, of New Jersey, in place of
Richard Rush, deceased; William B. Astor, of New York, in place of
Gideon Hawley, whose term has expired; and that Cornelius C. Felton, of
Massachusetts, whose term has expired, be reappointed. ~

March 7, 1861.—The President of the Senate reappointed
Mr. James A. Pearce as Regent.

House oF REPRESENTATIVES, February 21, 1860.

The Speaker reappointed as regents Mr. W. H. English
of Indiana, Mr. Benjamin Stanton of Ohio, and Mr. Lucius
J. Gartrell of Georgia.

June 11, 1860.—Annual report of the Smithsonian Insti-
tution, for 1859, presented.

Mr. Stanton moved that 5,000 extra copies of the report
be printed.

June 12, 1860.—The following resolution was adopted :

Resolved, That there be printed 5,000 extra copies of the Report of the
Smithsonian Institution, for the year 1860; 3,000 for the use of the mem-
bers of the House, and 2,000 for the use of the said institution.

THIRTY-SEVENTH CONGRESS, 1861-68. 673

February 27, 1861.—Report of the Smithsonian Institu-
tion, for 1860, presented, and ordered to be printed.

_ February 28, 1861.—The following resolution was passed :

Resolved, That there be printed 5,000 extra copies of the Report of the
Smithsonian Institution, for the year 1860; 3,000 for the use of the mem-
bers of the House, and 2,000 for the use of the said institution,

March 2, 1861.—The Senate resolution, of February 22,

was passed.

THIRTY-SEVENTH CONGRESS.

Spnate, December 4, 1861.

The Cuarr announced theappointment of W. P. Fessen-
den of Maine,and Lyman Trumbull of Illinois, as regents.

March 3, 1862.—Mr. Dixon asked, and by unanimous
consent obtained, leave to introduce a joint resolution (8.
No. 56) for the appointment of a regent of the Smithsonian
Institution; which was read twice by its title.

Mr. Dixon. © Let the resolution be read at length.

The Secretary read it, as follows:

Resolved, §c., That the vacancy in the Board of Regents of the Smith-
sonian Institution of the class other than members of Congress, caused by
the decease of Cornelius C. Felton, be filled by the appointment of Henry
Barnard, of Connecticut.

Mr. Dixon. Mr. Barnard is so well known to the Senate,
and to the whole country, for his devotion to the cause of
public education, that I am in hopes the resolution may be
passed, even without a reference. He has devoted his life
to the very object specified in the will of Mr. Smithson,
‘‘ the diffusion of knowledge among mankind; ”’ and, there-
fore, I am in hopes the Senate will consent to its immediate
passage. If not, I shall not urge it, but move its reference.

The Vice Presipent. The Senator from Connecticut
asks the unanimous consent of the Senate to consider this
resolution at the present time.

Mr. Frssenpen. I must object to that. Although the
confession argues myself unknown, I must say that I never
heard of Mr. Barnard before.

The VicE PRESIDENT. Objection being made to the con-
sideration of the resolution, it will be referred to the Com-
mittee on the Library.

Mr. Dixon. Mr. President—

The Vicr Prusipent. It is not subject to discussion.

Mr. Dixon. I should myself, on objection being offered,

43

674. CONGRESSIONAL PROCEEDINGS.

have made a motion to refer it to the Committee on the
Library.

The Vicz Presipent. It is referred.

Mr. Drxon. I feel that I ought to say one word, if the
Senate will allow me, though not strictly in order, in reply
to the remark of the Senator from Maine, that he had never
heard of Mr. Barnard. It is unfortunate undoubtedly, and
may seem to be a reflection on Mr. Barnard. He is known
everywhere throughout the whole country and in Europe
for his exertions in the cause of popular education. I would
not have said a word but for that remark, which might im-
ply some disrespect on the part of the Senator to Mr.
Barnard, which [ hope, however, was not the case.

Mr. FressenDEN. I meant none in the world. I meant
simply to say that it so happened, unfortunately for myself,
that I never heard of Mr. Barnard, and I would rather the
matter should be referred.

Mr. Dixon. I supposed it to be so, yet felt that I ought
to say so much in justice to a gentleman so widely and
favorably known.

March 28, 1862.—Mr. Cotuamer, from the Committee on
the Library, reported unanimously in favor of the passage
of the House resolution, for the appointment of T. D.
Woolsey, regent; adopted. i

April 1, 1862.—Mr. Dixon. Yesterday, I think, during
my absence from my seat, or when my attention was not
directed to it, the Senator from Vermont [Mr. Collamer]
called up a joint resolution appointing President Woolsey,
of Yale College, a regent of the Smithsonian Institution.

I had previously offered a resolution for the appointment of ©

Mr. Barnard, of Connecticut. Mr. Barnard has requested
me to withdraw his name. I ought to have done it, and
should have done it yesterday in justice to him, if I had
been present when that joint resolution was passed. I ask
the consent of the Senate to allow the reading of a letter
from Mr. Barnard, in which he requests that his name may
be withdrawn, and Mr. Woolsey be appointed.

The PREesIpENT pro tempore. No objection being made,
the letter will be read at the request of the Senator from
Connecticut.

The Secretary read it, as follows :

WAsHineton, March 27, 1862.

My Dear Str: I thank you for the kind manner in which you was
pleased to present my name to the Senate in nomination for the post of Re-

gent of the Smithsonian Institution. I see by the papers that the name
of President Woolsey, of Yale College, has been presented to the House

SSS SS

A Oe EE

SS SS St ee ee

|
'
i

i

Se Seo

A SS RE A ae

THIRTY-SEVENTH CONGRESS, 1861-63. 675

for the same vacancy. Asan ‘older and better soldier’’ in the cause of
good learning, Dr. Woolsey should receive that appointment by the vote of
every friend of my nomination; and I beg, therefore, you will, in your
own time and way, withdraw my name, and give your vote and influence
heartily for his appointment.

Very truly yours, HENRY BARNARD.
Hon. JAMES Drxon.

Mr. CottamMeEr. I merely wish to say that the gentleman
is mistaken in one idea. I know he was present when this
resolution was called up. He was sitting in his seat.

Mr. Dixon. I presume I was; but my attentidn was not
called to it.

Mr. CottaMerR. ‘The Senator might not have heard it;
but he was present.

Mr. Dixon. I was not aware of its being called up.

April 21, 1862.—Joint resolution from House of April 17,
adopted.

June 9, 1862.—The following resolution was adopted :

Resolved, That 5,000 additional copies of the report of the Smithsonian
Institution, for 1861, be printed ; 2,000 for the use of the Smithsonian In-
stitution, and 3,000 for the use of the Senate: Provided, That the aggregate
number of pages contained in said report shall not exceed 450, without
wood-cuts or plates, except those furnished by the institution.

January 16, 1863.—Mr. TRumMBULL moved that the Vice
President appoint a member to fill the vacancy in the Board
of Regents, occasioned by the death of Hon. J. A. Pearce.
Adopted. ;

The Vicr PREsIDENT appointed Mr. Garret Davis of Ken-
tucky, to fill the vacancy.

January 29, 1863.—Mr. Witson, of Massachusetts, offered
a resolution, expelling Geo. E. Badger from the Board
of Regents of the Smithsonian Institution and appointing
Louis Agassiz in his place.

February 2, 1863.—The Vicr Prestprent laid before the
Senate a letter from Prof. Henry, Secretary of the Smith-
sonian Institution, transmitting the following resolution,
adopted by the Board of Regents; which was, on motion
of Mr. SumNER, referred to the Committee on the Library:

Resolved, That the Secretary be directed to inform the Congress of the
‘United States that George E. Badger, one of the Regents of this institution,
has not attended the recent meetings of the board, and they are advised that
he is now in rebellion against the Government of the United States, and sub-
mit whether the name of said Badger should longer remain on the list of
the Regents of the said institution.

Hebruary 6, 1863.—Mr. Witson, of Massachusetts. I move
to take up the resolution I submitted some days ago, remoy-
ing Mr. Badger from the Board of Regents of the Smith-
sonian Institution and appointing Professor Agassiz in his

676 CONGRESSIONAL PROCEEDINGS.

place. I propose to refer it to the Committee on the Li-
brary, who have the subject under consideration in another
form.

The motion was agreed to; and the joint resolution ex-
expelling George E. Badger from the Board of Regents of
the Smithsonian Institution, and appointing Louis Agassiz
in his place, was read the second time, and considered as in
Committee of the Whole.

Several Senators. Why not pass it now?

Mr. Witson, of Massachusetts. I should like to have it
put on its passage now. I understand that the chairman of
the Committee on the Library has no objection to the reso-
lution being considered now, without being referred to the
committee.

The joint resolution was reported to the Senate.

Mr. McDoveatt. I move that the joint resolution be
postponed until to-morrow.

Mr. Ricuarpson. I suggest to my friend from California
and also to the Senator from Massachusetts, that we had better
confine ourselves now to the expulsion of Mr. Badger and
leave the appointment to be made as the law requires. I
do not know what the law is on the subject.

Mr. TrumsButt. The appointment is made by joint reso-
lution. This is the usual form.

Mr. Witson, of Massachusetts. I will simply say that
Mr. Badger is now in the place, and I introduced this reso-
lution to expel him and to appoint Professor Agassiz, cer-
tainly one of the foremost men of the age in any country.
There is now no person upon the Board of Regents from
my State; they are scattered elsewhere all about the coun-
try. Certainly we could not select in the whole nation any
man better fitted for such a position than Professor Agassiz.
I hope the resolution will be passed.

Mr. McDoveatu. I do not take any exception to Pro-
fessor Agassiz, who, I think, would be a most competent
man to fill this place, but I think the business should be
disposed of with more care.

Mr. Witson, of Massachusetts. This subject was brought
before us a few days since by the gentlemen connected with
the Smithsonian Institution, and facts are presented showing
that Mr. Badger is now in the service of the so-called con-
federate governinent.

Mr. McDoveatu. I think Professor Agassiz the most ac-
ceptable man that could be named. I do not object to it,
except as to the way in which it is done.

THIRTY-SEVENTH CONGRESS, 1861-63. 677
Mr. Witson, of Massachusetts. This is the proper way
to do it.
Mr. McDoveatt. If that is so, I withdraw my objection.
The joint resolution was ordered to be engrossed for a
third reading; was read the third time, and passed.

SENATE, February 23, 1863.

Annual report of the institution for 1862 presented.
Mr. FEssENDEN moved to print extra copies.

February 28, 1863.—The following resolution was passed ;

Resolved, That 5,000 additional copies of the report of the Smithsonian
Institution, for 1862, be printed ; 2,000 for the use of the Smithsonian In-
stitution, and 8,000 for the use of the Senate: Provided, That the aggre-
gate number of pages contained in said report shall not exceed 459, with-
out wood-cuts or plates, except those furnished by the Smithsonian Institu-
tion; and that the Superintendent of the Public Printing be authorized,
if consistent with the public service, to allow the Smithsonian Institution
to stereotype the report at its own expense, or to otherwise print at its own
expense, such additional copies as may be desired from the type set in the
Government printing establishment.

House oF REPRESENTATIVES, December 19, 1861.

The SPEAKER appointed as regents, Messrs. Schuyler Col-
fax of Indiana, Edward McPherson of Pennsylvania, and
Samuel 8. Cox of Ohio.

January 8, 1862.—Mr. Houtman. I move to amend by
striking out the following clause :

‘« For preservation of the collections of the exploring and surveying ex-
peditions of the Government, $4,000.”

I understand this to be an appropriation for the Smith-
sonian Institution—nothing more and nothing less. It is
an appropriation of $4,000 for the purpose of assisting in
keeping up the museum connected with that establishment.
I find in the last report of the Secretary of the Smithsonian
Institution a clause which I will ask to have read in order
to indicate how this money is applied.

The extract was read by the Clerk. It states that the
annual appropriation of $4,000 made by Congress for keep-
ing the collections of the exploring and surveying expedi-
tions of the United States has been expended, under the
direction of the Secretary of the Interior, in assisting to
pay the extra expenses of assistants and the cost of arrang-
ing and preserving the specimens. ‘This has served to di-
minish the cost to the Smithsonian fund for the maintenance
and exhibition of the museum, but is by no means sufficient
to defray all the expenses of that object.

678 CONGRESSIONAL PROCEEDINGS.

Mr. Houtman. I submit the amendment to strike out the
clause; and I desire to say, in addition to the explanation
contained in the extract just read, that according to the
last report made by the Secretary of the Smithsonian Insti-
tution there seems to be on hand, of the appropriations for
the last few years, the sum of $55,148.09. This amount of
money is under the control of that institution—$30,910.14
being annually paid out of the Treasury of the United
States for its maintenance., Itis very true that this is interest
on money which the Government assumed to pay—money
which seems to have been loaned out many years ago, and
lost. Still it is a direct charge on the Treasury.

Now it seems to me that one of the most desirable fea-
tures in connection with the Smithsonian Institution, and
that which gives to it any degree of popularity, is the mu-
seum for the preservation of which this appropriation is
designed to be made; and it seems to me that, with so
large a fund as that institution now has in its hands, and
inasmuch as its object is the diffusion of knowledge among
mankind, and as the museum is as effectual in accomplish-
ing that purpose as any other, this $4,000 can very well be
paid for such an object out of the annual appropriation. I
therefore make the motion that this entire section be stricken
out.

Mr. Morritt, of Vermont. I dislike to oppose the mo-
tion of the gentlemen from Indiana, because I believe he is
sincerely desirous of saving money to the Government. But
in relation to this particular item I think he labors under a
slight mistake. Now it is true that all our naval officers
are instructed, or at least are in the habit of contributing
every year to a very great extent specimens of natural
history which are deposited in the Smithsonian Institu-
tion. This institution also receives a large collection of
specimens in natural history from the various surveying
and exploring expeditions. So large has been the receipts
by this institution of these specimens that they have sup-
plied many of the scientific associations in the country.
This appropriation therefore is not for the benefit of the
Smithsonian Institution particularly, but to enable them to
take care of and distribute these contributions that are now
deposited there, and which they would be very glad to be
relieved from the care of. It is but a small item, and, so
far as I know, the only one we make for the benefit of sci-
ence. I hope it will not be stricken out.

Mr. Houtman. I ask the gentleman whether a very large
amount of the interest annually paid upon the Smithsonian

+e ser Sts.

THIRTY-SEVENTH CONGRESS, 1861-63. 679

fund is not absorbed in salaries? I understand that $6,500
is paid annually in the shape of salaries to the secretary and
his assistants. It is true that the amount does not come out
of the Government directly, but it comes out of the money
to sustain that institution, of which some thirty thousand
dollars is appropriated by the Government annually.

Mr. MorriL1, of Vermont. I answer the gentleman that
the expenditure of the Smithsonian Institution fund is un-
der the control and direction of the regents of that institu-
tion, and I suppose they are responsible for the manner in
which those funds are expended. So far as I know, their
management does not fully meet my approbation, and if we
have the power, I should certainly be willing to ask for a
reform in the management of that institution. But this is
an entirely separate and distinct matter.

Mr. Cotrax. I move to reduce the appropriation $1,000.
I make this motion merely for the purpose of saying that I
hope the gentleman from Ohio, [Mr. Cox,] who is one of
the regents of the Smithsonian Institution, will take care
of my colleague [Mr. Holman] in this matter, and that he
will defend the institution from the attacks upon it from that
side of the House. [Laughter. ]

Mr. Houtman. I wish to ask my colleague whether, in
the expenditures of the $30,000 annually appropriated to
supply the funds of this institution, there is any feature
more entirely popular in its character or better calculated
to carry out the purposes for,which the original grant was
made than the preservation and enlargement of the museum
of the institution ?

Mr. Cotrax. I say to my colleague that I concur with
him in the remarks he has made; but as [am not yet sworn
in as one of the regents, I must refer him for more partic-
ular information to the gentleman from Ohio. [Laughter.]

Mr. Cox. One word, sir. My friend from Indiana, [Mr.
Holman,] who has been placed under my charge by the
gentleman of Indiana over the way, [ Mr. Colfax,] has made
an attack upon this appropriation, and based his attack
upon the expenditure of the Smithsonian fund. He finds
fault with the action of the regents. In other words, he
finds fault because they have taken the interest upon the
fund left by that philanthropic Englishman, Smithson, and
appropriated some six thousand dollars of it for the salaries
of officers. I submit, sir, that the gentleman has no right,
and that the House has no right, to inquire into the expen-
diture of that fund.

680 CONGRESSIONAL PROCEEDINGS.

Mr. Hortman. Is not the interest upon that fund appro-
priated by Congress ?

Mr. Cox. ‘The expenditure of the interest upon the
Smithsonian fund is under the direction of the regents and
nobody else. Congress has nothing to do withit. All that
Congress gives is simply the small amount of $4,000 to aid
Smithson in his effort to diffuse useful knowledge among
men—and women also. [Laughter.] I hope the motion
made by the gentleman from Indiana [Mr. Colfax] will,
however, prevail. I hope this amount may be cut down to
the extent of $1,000 to satisfy my economical friend on my
right, [Mr. Holman,]I hope a small reduction will be made
upon all these items to satisfy my friend from Indiana, and
I think we might spare $1,000 from this amount for that
purpose.

Mr. Stevens. I wish to ask the gentleman from Ohio
whether this is not the sum which has always been appro-
priated for this purpose, and whether that sum has not al-
ways been found necessary for the purpose of collecting and
distributing these collections ?

Mr. Odx. I suppose the chairman of the Committee of
Ways and Means is perfectly familiar with these matters.
I cannot answer, not having yet been sworn in as regent.
{ Laughter. ]

Mr. Stevens. I rose to ask the question, supposing that
T had no right to answer it myself, when one of the regents
was present. [Laughter.] If the gentleman from Ohio
will give me leave to answer, I will state that this sum has
always been appropriated, and the officers of the institution
report that it is necessary for these purposes.

Mr. Cotrax. I withdraw my amendment.

Mr. Hotman. Lrenewtheamendment. Before the ques-
tion is taken on it, I desire to state that the sum of $30,000
is always appropriated in payment of the interest on this
Smithson fund, although the Government itself has never
received any benefit from the fund, and it is only equitably
liable for the interest upon it. Out of that sum, as I have
stated, $6,500 is paid in the shape of salaries, and if my
memory serves me correctly, over $2,000 is placed under
the head of contingent expenses, although all proper ex-
penses seem to be covered by the various other items.

Inasmuch, however, as the preservation of this museum
comes as much within the original intention of the donor
as any other purpose to which it is applied, and is the only
really popular feature of the institution, it seems to me that
it can properly be provided for out of the regular fund.

|
2
3
|
|

THIRTY-SEVENTH CONGRESS, 1861-63. 681

Mr. Cox. For the information of the gentleman, I would
like to correct him in his statement about the Government
not being liable to pay this $30,000 interest money. The
Government received $500,000 from the Smithson estate,
and was unfortunate in the investment of the money. It
invested it, I believe, in Arkansas bonds, which proved
worthless. It received the money, and was accountable for
it in all honor. And to carry out the purposes for which
the fund was intended, they are bound to pay the interest
upon the sum at six per cent., which is yearly due from the
United States Treasury.

Mr. Houtman. I asserted that the payment of this $30,000
was munificence, and not justice, on the part of the Gov-
ernment. JIask the gentleman whether the Government
acted, in the acceptance of this trust, in any other capacity
than as trustee ; and whether, as such, the money was not
invested in good faith ?

Mr. Cox. I say they did accept the trust, and got the
money.

Mr. Hotman. And did not they act in good faith in the
investment of it, although it was lost ?

Mr. Cox. I think they acted with very bad judgment.

The amendment was agreed to.

March 12, 1862.—Mr. McPunrson introduced a resolution
for the appointment of Theo. D. Woolsey, of Connecticut,
as regent, in place of C. C. Felton, deceased; referred to
Committee on the Library.

March 14, 1862.—The following appropriation was made:

‘“« For putting the plates of the exploring expedition in order for preser-
vation, and transporting them and the other effects of the expedition, tu
Washington, to be preserved in some of the public buildings, or at the
Smithsonian Institution, $2,000, to be expended under the Joint Committee
on the Library of Congress; and if any part of this appropriation shall
remain unexpended for these purposes, the same may be applied, if neces-
sary, to the completion of volume twenty-three of the works of said explor-
ing expedition, or to the payment of any arrears of rent, or claims for
service, due on account of any of said works.”’

March 27, 1862.—Mr. McPurrson asked unanimous con-
sent to make a unanimous report from the Committee on
Library, on resolution appointing T. D. Woolsey, regent.

Mr. WasnpBurne. I object. was
Mr. WasHBURNE subsequently withdrew his objection,

and it was renewed by Mr. Cox.
March 28, 1862.—Mr. McPuerson reported the above res-

olution ; and it was adopted.
April 17, 1862.—Mr. McPuerson, from the Committee on

682 CONGRESSIONAL PROCEEDINGS.

the Library, reported a joint resolution (No. 67) to supply the
Smithsonian Institution with a copy of each of the volumes
of the Wilkes’ Exploring Expedition. Adopted.

June 4, 1862.—Annual report of the Smithsonian Institu-
tion, for 1861, presented.
Mr. Cox moved that 5,000 extra copies be printed.

June 5, 1862.—Mr. Criark, from the Committee on Print-
ing, reported the following, which was adopted :

Resolved, That there be printed 5,000 extra copies of the report of the
Smithsonian Institution, for the year 1861; the wood-cuts to be furnished

at the expense of the Smithsonian Institution ; 3,000 copies for the use of
members of the House, and 2,000 for the use of the Institution.

February 19, 1863.—The next bill taken from the Speak-
er’s table was a joint resolution expelling George E. Badger
from the Board of Regents of the Smithsonian Institution,
and appointing Louis Agassiz in his place; which was read
a first and second time.

Mr. WasHBURNE.. I move to refer that bill to the Com-
mittee on the Library.

Mr. Tuomas, of Ri seschusces I desire to ask the gen-
tleman who reported this resolution what information he
has in regard to the course and conduct of Mr. Badger which
requires this resolution of expulsion ?

Mr. Cox. This matter was initiated at a meeting of the
Board of Regents of the Smithsonian Institution, at its last
meeting. The statement was there made that Mr. Badger
was a member of the North Carolina Legislature ; that | he
had made a speech denouncing this Government and favor-
ing the confederate government, and there was no one there
who was authorized to deny that that reported speech was
not authentic. I should be glad to relieve a gentleman of
the high standing of Mr. Badger of any such imputation.
He does not attend the meetings of the Regents of the In-
stitution, and we need somebody there to fill his place. I
should be happy to hear any statement in exculpation of
that gentleman.

Mr. Tuomas, of Massachusetts. All I desire to say is, a
letter attributed to him was afterwards stated to have been
a forgery. Irefer toa letter said to have been written to
Governor Stanly.

Mr. McPuerson. There appears no doubt of the fact that
Mr. Badger is at present a member of the Legislature of
North Carolina, and of course he has assumed a position
inconsistent with holding an appointment under the United
States Government.

THIRTY-EIGHTH CONGRESS, 1863-65. 683

Mr. CritTeNDEN. I wish to say that Mr. Badger is a very
old friend of mine. I have understood that on the 4th of
January last le was prostrated by a stroke of apoplexy. I
_ heard he was in extremis, and I do not know whether he is
dead or alive.

Mr. Cox. I call the previous question upon the passage
of the resolution.

The previous question was seconded, and the main ques-
tion ordered to be put; and under the operation thereof the
resolution was ordered to be read a third time, and it was
accordingly read the third time, and passed.

Mr. Cox moved to reconsider the vote by which the reso-
lution was passed; and also moved to lay the motion to re-
consider on the table. :

The latter motion was agreed to.

February 27, 1863.—Annual report of the institution for
1862 presented.

Mr. McPuerson moved to print extra copies,

March 3, 1863.—Mr. Ciark, from the Committee on Print-
ing, reported the following resolution, which was agreed to:
Resolved, That 5,000 extra copies of the report of the Smithsonian Insti-

tution for 1862 be printed—3,000 for the Smithsonian Institution and 2,000
for the use of the members of the present House.

THIRTY-EIGHTH CONGRESS.

SEnaTE, June 13, 1864.

Annual report of the Smithsonian Institution for 1863

laid before the Senate.
Mr. TRuMBULL moved that extra copies of the report be

printed.
June 18, 1864.—Mr. Antuony, from the Committee on

Printing, reported the following:

Resolved, That 5,000 additional. copies of the report of the Smithsonian
Institution for 1863 be printed—2,000 for the use of the Smithsonian Insti-
tution, and 3,000 for the use of the Senate: Provided, That the aggregate
number of pages contained in said report shall not exceed 450, without wood-
cuts or plates, except those furnished by the institution; and that the Su-
perintendent of Public Printing be authorized, if consistent with the public
service, to allow the Smithsonian Institution to stereotype the report at its
own expense, or to otherwise print at its own expense such additional copies
as may be desired, from the type set in the Government printing establish-
ment.

December 21, 1864.—Mr. TrumMBvtt asked, and by unani-
mous consent obtained, leave to introduce a bill to repeal
the provision of law requiring certain Regents of the Smith-

684 CONGRESSIONAL PROCEEDINGS.

sonian Institution to be members of the National Institute;
which was read twice by its title.

Mr. TrumBuLu. I scarcely know to what committee it
would be desirable to refer this bill, and unless somebody
wishes it referred, I shall ask the Senate to act upon it at
once. If the Senate will indulge me for one moment in
making an explanation of it, I think there will be no objec-
tion to it.

The act establishing the Smithsonian Institution provided
that two of the regents should be residents of the city of
Washington and members of the National Institute in the
city of Washington. The National Institute was an incor-
porated association, and its charter has expired. It did not
meet with much success; it has been dissolved; and there
are now no members of the National Institute. There isa
vacancy in the Board of Regents, occasioned by the death
of General Totten, which needs to be filled, but it cannot
be filled by the appointment of a resident of Washington
and a member of this institute, as there are no longer any
members of this institute. The objectof this bill is to re-
peal that provision of the law which requires that two re-
gents should be members of the National Institute. I hope
the Senate will let the bill pass at once, as it is desirable to
fill that vacancy.

There being no objection, the Senate, as in Committee of
the Whole, proceeded to consider the bill.

Mr. CotzaMeR. Ido not know that I understand the
gentleman aright. Is it proposed to repeal that part of the
Jaw which requires them to be inhabitants of Washington ?

Mr. TrumButt. No, sir; not atall. Laslk the Secretary
to read the bill again, so that the Senator from Vermont
may see that it does not repeal that part of the law requir-
ing them to be residents of Washington.

The Secretary read the bill, as follows :

Be it enacted, §c., That so much of the ‘‘act to establish the Smithsonian
Institute for the increase and diffusion of knowledge among men’’ as re-
quires that two of the regents of said institution shall be members of the
National Institute, in the city of Washington, be, and the same is hereby,
repealed.

The bill was reported to the Senate without amendment,
ordered to be engrossed for a third reading, read the third
time, and passed.

House oF REPRESENTATIVES, December 23, 1863.

The SPEAKER announced that this being the day fixed for
the appointment of three Regents for the Smithsonian In-
stitution, he had appointed Messrs. S. 8. Cox of Ohio, Henry

THIRTY-EIGHTH CONGRESS, 1863-65. 685

Winter Davis of Maryland, and J. W. Patterson of New
Hampshire.

June 13, 1864.—Annual report of the Smithsonian Insti-
tution laid before the House of Representatives, and Mr.
Cox moved that extra copies be printed.

June 28, 1864.—Mr. Criark, from the Committee on
Printing, reported the following, which was adopted :

Resolved, That 5,000 extra copies of the report of the Smithsonian Insti-

tution, for 1863, be printed ; 3,000 for the use of the Smithsonian Institution,
and 2,000 for the use of the members of the House.

Hovust or Representatives, January 6, 1865.

Mr. Cox. I ask unanimous consent to take from the
Speaker’s table Senate bill to repeal the provision of law
requiring certain Regents of the Smithsonian Institution to
be members of the National Institute.

There being no objection, the bill was taken up, and was
read a first and second time.

Mr. Cox. I may state that the object of this bill is to
repeal that provision of law which requires that two of
the regents of the Smithsonian Institution shall be members
of the National Institute—an institution which is now ob-
solete.

The bill was ordered to a third reading, read the third
time, and passed.

Mr. Cox moved to reconsider the vote by which the bill
was passed ; and also moved that the motion to reconsider
be laid on the table.

The latter motion was agreed to.

Senate, January 11, 1865.

Mr. TruMBuLL introduced the following joint resolution :

Resolved, §c., That Richard Delafield, resident of Washington city, be,
and he hereby is, appointed a Regent of the Smithsonian Institution, in
the place of Joseph G. Totten, deceased.

January 17, 1865.—Senate resolution above passed.
February 2, 1865.—The Senate passed the following reso-
lution :

Resolved, By the Senate, (the House of Representatives concurring,) that
the Committee on Public Buildings and Grounds of the Senate, conjointly
with the Committee on Public Buildings and Grounds of the House of
Representatives, be, and they are hereby, directed to inquire into the origin
of the fire by which the Smithsonian Institution building and the valuable
_ deposits therein were, on Tuesday, the 24th day of January, in whole or in
part, destroyed; the approximate loss to the Government and to private

ersons; the means necessary to preserve the remaining portions of said
uilding and its contents from further injury ; and such other facts in con-

686 CONGRESSIONAL PROCEEDINGS.

nection therewith as may be of public interest, and to report by bill or
otherwise.

February 21, 1865.—Mr. Foor, from the Committee on
Public Buildings and Grounds, submitted the following re-
port:

The Joint Committee of the Senate and House of Representatives on Public
Buildings and Grounds, to which was referred the resolution passed Feb-
ruary 2, 1865, respectfully report:

That they visited the building, inquired into the origin of the fire, the
character and extent of the loss sustained, and requested the regents, through
the secretary, to furnish a written report on the subject of investigation.
In accordance with this request the following report was presented : ;

REPORT OF THE SPECIAL COMMITTEE OF THE BOARD OF REGENTS OF THE
SMITHSONIAN INSTITUTION RELATIVE TO THE FIRE.

The special committee appointed by the board at its meeting, on January
28, 1865, to inquire into the origin of the fire at the Smithsonian Institution,
to ascertain the extent and character of the loss sustained, and to make
suggestions as to what measures should be adopted for the repair and im-
provement of the building, respectfully report that they have performed
the duty assigned them, so far as the time and their meansof information
would permit.

I.—THE ORIGIN OF THE FIRE.

The testimony has been taken of all persons connected with the establish-
ment that had any knowledge of the occurrence, and a written account of
the whole is herewith submitted ; also a report from Colonel B. 8. Alex-
ander, United States army, who superintended the fire proofing of the main
building, of his examinationof the flues con nected with the accident.

It is evident, from the concurrent testimony thus obtained, that the fire
commenced in the southwest part of the roof of the main building, in the
woodwork immediately under the slate covering, and that it was kindled
by the heated air or sparks from a stove which had been temporarily placed
in the room immediately below. The pipe of this stove had been inserted,
by mistake, into a brick furring-space resembling a flue, which opened un-
der the rafters instead of into the chimney flue, within a few inches of the latter.
By whom the hole into which the pipe was inserted was originally made is
not known, but it is remembered that a stove-pipe was put into it as far
back as 1854, at the time of the exhibition held by the Mechanics’ Institute
in the building. No fire, however, had been in this room for ten years pre-
vious to Monday, 15th January, when the machinist and carpenter of the
institution were engaged, with several other of the employés, in rearranging
the pictures of the gallery, the weather at the time being unusually cold.
These persons, for temporary convenience, set up the stove above mentioned,
intending to remove it as soon as their task was finished. A coal fire, kin-
dled with wood, had been burning in this stove for eight days previous to
the conflagration, yet it appears from the testimony that no evidence of com-
bustion was observed by a person who passed through the loft six hours
before the breaking out of the flames. It is probable, however, that the
wood had been undergoing a process of charring for several days.

On account of the very expensive style of architecture selected for the
building, and the limited means at the command of the board, the plan had
been at first adopted of finishing the interior of the whole edifice with wood
and plaster. A large portion, however, of the interior wookwork of the
main building, after the roof and exterior had been finished, gave way and
fell; whereupon the regents ordered the removal of the woodwork and its
place supplied with incombustible materials. Thus the main building was
rendered fire-proof, with the exception of the supports of the roof, which,
being covered with slate, was assumed to be safe. The only danger of the

THIRTY-EIGHTH CONGRESS, 1863-65. 687

occurrence of fire was supposed to exist in the two wings and the towers,
and to guard against this contingency especial precautions were constantly
observed, viz.: 1. No smoking was allowed in any part of the building at
any time. 2. No lights were allowed to be carried from one part of the
building to another except in lanterns. 8. Three coils of large hose were
deposited, ready for use, one in the upper story, and the other two on the
first floor of the building; and there were water-pipes in the basement with
faucets. 4. Barrels and buckets, kept constantly filled with water, were
placed at different points of the building. 5. The rule was observed of
cleaning the flues every autumn before the commencement of fires. 6. A
watchman was employed each night, who made every hour the rounds of
all the rooms in the building, giving special attention to those in which fire
had been kindled during the day, including the apartments occupied by the
family of the secretary.

These precautions, however, as it has proved, were of no avail—the fire
having occurred at a point where no danger was apprehended, and to which
access could with difficulty be obtained.

IJ.—THE CHARACTER AND EXTENT OF THE LOSS SUSTAINED.

The loss to the institution was as follows:

1. The contents of the secretary’s office, consisting of the official, scien-
tific, and miscellaneous correspondence, embracing 35,000 pages of copied
letters which had been sent, at least 30,000 of which were the composition
of the secretary, and 50,000 pages of letters received by the institution.
Here, moreover, were lost the receipts for publications and specimens; re-
ports on various subjects which have been referred to the institution; the
records of experiments instituted by thesecretary for the government; four
manuscripts of original investigations, which had been adopted by the in-
stitution for publication ; a part of the manuscript material of the report
of the secretary for 1864; a large number of papers and scientific notes of
the secretary ; a series of diaries and memorandum books, and a duplicate
set of account books, prepared during the last twelve years, with great
labor, by Mr. Rhees, the chief clerk ; also, about one hundred volumes of
valuable works kept at hand for constant reference.

2. In the apparatus room, the large collection of scientific instruments,
including the donation of the late Dr. Hare.

3. A part of the contents of the regents’ room, including the personal
effects of Smithson, with the exception of his portrait and library.

4. The contents of the rooms in the towers, including the meteorological
instruments, the workshop, containing a lathe and a large number of valu-
able tools, nearly all the stock on hand of the duplicate copies of the annual
reports, and many other public documents and books intended for distribu-
tion to libraries, as well as a quantity of stationery, hardware, &c.

5. The wood-cuts of the illustrations contained in the Smithsonian publi-
ations.

The loss to other parties was as follows:

1. The contents of what was called the Picture Gallery, viz.: a. About
two hundred portraits, nearly all of life size, painted and principally owned
by Mr. J. M. Stanley, formerly of this city, and now of Detroit, Michigan, and
which were on deposit in the institution. 6. A number of half-size Indian
portraits, painted by Mr. King for the Government. c¢. A copy, in Carrera
marble, of the antique statue known as the ‘‘ Dying Gladiator,” by John
Gott, and owned by Mr. J. C. McGuire, of this city.

2. A number of surveying instruments belonging to the Government.

8. The clothing, books, and private effects of several of the persons con-
nected with the institution, and of those engaged in scientific studies.

4. The library removed from Beaufort, South Carolina, by the army, and
also that of Bishop Johns, from Fairfax Theological Seminary, given in
charge to the institution by the Secretary of War for safe-keeping, which
libraries were stored in an upper room in the south tower.

688 CONGRESSIONAL PROCEEDINGS.

Independent of injury to the building, the loss to the institution, as far
as it may be estimated and can be restored by money, may be stated at about
$20,000; and to individuals, $26,000, viz.: To Mr. J. M. Stanley, $20,000;
Mr. J. C. McGuire, $1,000; Prof. Joseph Henry, $1,500; Mr. W. J. Rhees,
$1,200; Mr. W. DeBeust, $1,300; and all others, $1,000.

Although the loss which the institution and individuals have sustained is
much to be regretted, yet it is a source of consolation that by far the greater
part of the valuable contents of the building have escaped without injury.
The valuable library of the institution, the most extensive, in regard to the
transactions of learned societies and scientific books, in this country; the
museum, including the collection of the exploring expedition and those of
the institution; the large stock of many thousand duplicate specimens for
distribution to all parts of the world; the records of the museum; a large
portion of the correspondence relative to natural history; nearly all the
records of meteorological observations which have been accumulated dur-
ing the last.fifteen years; the sets of Smithsonian publications (except the
annual reports) which have been reserved to supply new institutions, and
the stereotype plates of all the works which have been published during
the last four or five years, have been saved. All the original vouchers of
payments made by the institution, the ledger in which they were posted,
and the day-book from 1858, were also preserved, having been deposited in
a safe in the regents’ room. The contents of the connecting range between
the library and the museum are uninjured ; this includes a series of plaster
casts and portraits of distinguished men, among the latter a life-size por-
trait of Guizot, by Healy ; an original full-length figure of Washington,
by the elder Peale, and also a valuable series of rare engravings illlustrative
of the history of art, purchased from the Hon. George P. Marsh.

All the important acts of the regents from the beginning, and an account
of the operations of the institution, having been published from year to
year in the several reports to Congress, a continued record of the history of
the establishment from the beginning is, therefore, still in existence. As
these reports have been widely distributed, they are generally accessible to
the public.

The burning of the roof of the building can scarcely in itself be considered
a calamity, since it probably would have occurred at some future time when
a much larger accumulation of valuable articles might have been destroyed ;
and since it will now be replaced by one of fire-proof materials. The fire-
proofing, as far as it was carried, was well done, and it is to this circum-
stance that the preservation of the most valuable objects of the establish-
ment is due.

III.—suUGGESTIONS AS TO WHAT SHOULD BE DONE.

There can be no hesitation in adopting the conclusion that steps should be
immediately taken not only to repair the injury, but to improve the condi-
tion of the building.

1. The main edifice should be provided with a metallic roof.

2. For the wooden conical terminations of the towers should be substitu-
ted metallic coverings.

3. All valuable articles belonging to the institution or deposited in it,
including the library, should be placed in the main building, which should
be cut off from the wings by iron doors.

4. Provision should be made for a thorough heating of the whole building
by steam or hot water.

5. Suggestions should be requested from competent architects and en-
gineers as to work to be done, and those which are adopted should be em-
bodied in working plans and drawings.

6. A building committee of the board should be appointed to have charge
of the work.

No very exact estimate can as yet be made as to the cost of the repairs,
&e., for it has not been possible, without erecting a scaffolding, to deter-

THIRTY-EIGHTH CONGRESS, 1863-65. 689

mine whether it will be necessary to take down the high northern tower.
Colonel Alexander, of the engineer corps, however, has informed the com-
mittee that he thinks $100,000 will be required to make the necessary re-
pairs and improvements.

The committee cannot conclude without adding that, in their opinion,
the occurrence of the fire ought not to be allowed to interfere with the ac-
tive operations of the institution, on which essentially depends the reputa-
tion it has established throughout the world, and its efficiency as an instru-
ment for ‘‘ the increase and diffusion of knowledge among men.’’? To the
support and extension of these operations, therefore, the annual interest
from the original fund should, as far as possible, continue as heretofore to
be conscientiously applied.

Respectfully submitted,
RicHarRD WALLACH,
JosEPH Henry,
Special Committee.
WASHINGTON, February, 1865.

At a subsequent meeting of the committee, Professor Henry was requested
to state his connection with the institution, to give an account of its objects
and operations, the origin of the building, and such other facts as might
be of public interest. In conformity with this request he made the follow-
ing statement: (See Rep. Com., No. 129, 88th Congress, 2d session.)

Mr. Foor offered a resolution to print 1,000 extra copies
of the report; 500 of which to be for the use of the Smith-
sonian Institution. ,

February 22, 1865.—The resolution of Mr. Foot was
adopted.

March 1, 1865.—Annual report, for the year 1864, pre-
sented, and ordered to be printed.

March 3, 1865.—The next amendment was to insert the
following as a new section :

And be it further enacted, That the Secretary of the Treasury be directed
to pay the interest on the debt due the Smithsonian Institution in coin, as
the interest on other permanent debts due by the United States prior to the
present rebellion have been and are paid.

Mr. Grimes. I have a word to say on that subject. I
am opposed to the adoption of that amendment. In the
first place, I do not know any reason why there should be
a distinction made between a debt that is due to the Smith-
sonian Institution and a debt due to anybody else by the
United States Government. I understand that by some
construction or other the Treasury Department have decided
that this isa kind of trust debt; and that from this time
henceforth they intend to pay the interest upon what they
call the trust fund in gold. The purpose of this amend-
ment is to make this retrospective, and to pay some forty
thousand dollars in currency, being the difference between
the amount which has hitherto been received by the Smith-
gonian Institution and that which they claim they ought to
have received and would have received if this money had

tf

°6§90 CONGRESSIONAL PROCEEDINGS.

been paid to them in coin. The Smithsonian Institution is
a very wealthy corporation, and is able to reimburse itself,
and to rebuildand refit the buildings which have been recently
destroyed. It will be remembered that when Mr. Smithson
made this bequest, or shortly after he made it, the Government
created a corporation. That corporation, or their trustee, saw
fit to invest their money in Arkansas bonds. Those bonds
mostly turned out to be valueless. The Government, how-
ever, assumed it, and we now pay, and have for many years
paid, the Smithsonian Institution upward of $30,000 a year
upon this amount of $515,000, I think that it is, which is
the amount, of the permanent fund of the Smithsonian
Institution.

Mr. Sumner. Allow me to ask the Senator whether the
Government did not make that investment in Arkansas
bonds? I think it was not an act of the corporation, but of
the Government.

Mr. Grimes. Itis perfectly immaterial, so far as this ques-
tion is concerned, whether the Government made it, or
whether the Regents of the Smithsonian Institution made it
directly themselves; forif the Government made it, the Gov-
ernment made that investment at the instance and the request
of the Regents of the Smithsonian Institution.

Mr. Sumner. No; it was before the organization ; before
there were regents.

Mr. Grimgs. Mr. President, the amount of the fund be-
longing to the Smithsonian Institution is $515,000. They
expended in the building, on the public reservation, $325,000.
It is claimed by them that to put the roof on the building,
and put it in about the condition it was in before the fire,
there will be required from thirty-six to forty thousand dol-
lars; but to improve it as they want to improve it, to make
it entirely fire-proof, to change its construction very materi-
ally, they say they have the opinion of an army engineer,
Colonel Alexander, but who is no architect, no expert, and
whose judgment, therefore, is worthless in a matter of this
kind, that it will cost somewhere in the neighborhood of
$100,000. This institution, beside the $515,000 upon which
we are paying them the interest, have accumulated from
that interest $75,000 in Indiana State bonds, which are
good; $53,500 in Virginia bonds, which are not of much
value; $12,000 in Tennessee bonds; $500 in Georgia bonds ;
and $100 in Washington city bonds. Then they have in cash
$20,000, and they have in gold $26,200, which is worth
$52,000 to-day in currency. So it will be observed that
they have in available funds, saying nothing about the Vir-

THIRTY-EIGHTH CONGRESS, 1863-65. 691

ginia, Tennessee, Georgia, and Washington bonds, $95,000,
beside $26,200 in gold.

I have heard it said that we ought to pay the Smithsonian
Institution this money in gold, because we pay some of the
Indians by treaty stipulation in gold. I think the Senators
who are members of the Committee on Indian Affairs will
bear testimony to the Senate that we have paid gold to no
Indians except where there was an express agreement in
the treaty that payment should be made in coin. We have
had, and have, an abundance of treaties with the Indians;
we hold their money in trust; but in no instance, I under-
take to say, has the money been paid to these Indians in
gold except when there was an express stipulation in the
treaty that it should be paid in gold. I know of no reason
why there should be an exception made in favor of this rich
corporation, the Smithsonian Institution—why they should
be treated any better than our Indian tribes are treated.

Mr. Conuamer. Are they not paid in gold?

Mr. Grimes. I undertake to say that there are not and
have not been any Indians paid in gold except where there
was an express stipulation in the treaty that they should be
paid in coin. I asked the gentlemen on the Committee on
Indian Affairs, when the Indian appropriation bill was un-
der consideration the other day, if that was not so, and they
said it was so. The Senator from Kansas[Mr. Lane] bowed
his head and said it was so. There are treaties made with
the Indians, [ admit, by which we have agreed to pay them
in coin; and then there are other treatiesin which we have not
that stipulation ; but where that stipulation is not embodied
in the treaty we do not pay them in coin. There is lying
on your table at this moment a communication from the
Secretary of the Interior, asking that we shall do for these
Indians precisely what the Smithsonian Institution asks we
shall do for them—that we shall pay them in coin in the
future. But this Senate, so far as I know, has refused to do
that; so far as I am informed, the Committee on Indian
Affairs have utterly refused to do it. I donotsee the chair-

man of the Committee on Indian Affairs present, nor my
colleague; but there are gentlemen here, I think, who know
what the facts are in regard to the payment of these In-
dians. Now, I ask, if it be true, and I think it will be de-
monstrated in a few minutes that it is true, that this is the
method in which we treat the Indians whose funds we hold
in trust, is there any very substantial reason why we should
deviate from this rule in favor of this corporation, the
Smithsonian Institution ?

692 CONGRESSIONAL PROCEEDINGS.

Mr. Suerman. The Committee on Finance have no doubt
at all about this proposition so far as it is now reported.
Tt is true that a proposition was submitted to the committee
that the back payments already made should be made equal
to gold. That we rejected on the ground that the money
having been received by the corporation, without any objec-
tion, they certainly cannot now present a legal claim against
the United States to make good any loss which may have
accrued from their taking a depreciated currency. But
‘upon the main question, that they are entitled to the interest
of this trust fund in gold, we had no doubt. All the per-
manent debt of the United States is now payable in coin.
That has been the established policy of the Government
since the foundation of the Government, and I think it never
has been departed from. Let me put this case: suppose
this corporation, instead of allowing this money to remain
simply as a trust fund in the Treasury of the United States,
had taken bonds of the United States registered in the or-
dinary way, which they had a right to do, and left them in
the Treasury Department; they would have drawn their
interest in gold precisely as the holder of any other bonds
would have done. Iam informed that this now stands as
a registered debt.

Mr. Grimes. How long has that been so?

Mr. Suerman. Always, I presume. It stands as a trust
debt. There is no difference between them,

Mr. Grimes. Where is the distinction between this case
and that of the Indians?

Mr. SuerMAN. I will mention that in a few moments.

There is, therefore, no distinction between this case and
any other portion of the permanent debt of the United
States. This corporation, whether rich or poor, whether it
is a charitable one, or one making money on its own ac-
count, would have the right to demand of the Government
the same interest that is paid to any other bondholder of
the United States. The fact that this money stands to the
credit of this corporation as a trust fund in the Treasury
Department only strengthens that obligation, because it is
a general rule of equity, as well as a rule of law, that a
trust fund must be treated more favorably than any other
fund. Therefore the United States, having assumed the
burden of a trustee, would be held in a court of equity toa
more rigorous rule than it would be even where it stands
upon its legal rights. If the United States is bound to pay
to any other class of bondholders interest in gold, it cer-

tainly should do so to this corporation, whether it be rich

THIRTY-BIGHTH CONGRESS, 1863-65. 693

or poor, whether it be a charitable one or one making money
on its own account. It seems to me, therefore, the propo-
sition is plain.

But the Senator says that we have refused to do this with
the Indians. The difference between our treaties with the
Indians and an obligation of this kind is, that an Indian
treaty requires us to pay annuities from time to time; every
year we pay so much. It seems to me there is a distinction
between the two. Wherever we stipulate to pay these an-
nuities in coin, we pay them in coin. There is a difference
between the payment of an annuity and the payment of in-
terest on the public debt; and that difference has always
been recognized since the foundation of the Government.
But even if we did injustice to the Indians, we make it good
by the payment of large bounties; we more than make it
good by our annual appropriations for the expenses of the
Indian department. Since the recent condition of affairs,
since we have been involved in war, we have appropriated
very large sums, this year amounting to more than a million
dollars, for the benefit of the Indians not included in Indian
treaties. _We have indeed made good to them the appro-
priations in gold, or nearly so, If therefore, there is any
injustice done to the Indians, it certainly is not a peculiar
hardship.

In this case the proposition was so plain that the commit-
tee had no hesitation about awarding the payment in gold
from this time forward. Iam told that this question has
never been acted upon in the Treasury Department, but
that if these parties had demanded their interest in gold,
precisely as other creditors have done, and as they had a
right to do, they would have been paid in coin at any time
since the beginning of this war. There has been no dis-
tinction in the Treasury Department between this debt and
any other funded debt of the United States the interest of
which is payable in coin.

Mr. Hatz. IfI do not entirely misunderstand the nature
of this case, it seems to me there is no force in the sugges-
tions which have been made in regard to any obligations of
the Government, for this reason: this Mr. Smithson gave
this fund, some five hundred thousand dollars or more, to
the United States; they are the beneficiaries of this dona-
tion; it was the property of the United States, and the Smith-
sonian Institution, whether it was a wise or an unwise crea-
tion of Congress, was simply a machinery instituted by the
United States for the purpose of carrying on and carrying
out the bequest of Mr. Smithson. To speak of this institu-

694 CONGRESSIONAL PROCEEDINGS.

tion as an institution apart from the Government of the
United States, to my humble comprehension is perfectly
absurd. It is the United States that own this institution.
It was for the benefit of the United States that the fund was
given to them; and Congress, because it was not convenient
to take it and manage it, as they did the other interests of
the Government, created these agents, created this institution,
as a mere matter of convenience by which the Government
might manage the fund that was intrusted to them for the
purposes specified in Mr. Smithson’s will. They have no
claim, no interest, in this matter. The only question was,
how shall the Government, if they accept the trust, carry it
on? They concluded to carry it on by this machinery. It
is not an institution adverse to the United States Govern-
ment. It is not an institution that has the least claim under
heaven upon the Government. They are the mere creatures
of the Government, to enable them, according to the pur-
port of the will, to execute the trust that has been confided
to them. How can they come here and occupy the position
of creditors? They are no creditors. They have no interest
under heaven, not the slightest; they are the mere agents
appointed by law to execute this trust for the United States
in the use of a fund which belongs to the United States.
That is the whole of it. That being the case, this being the
property of the United States, managed for their benefit
through this instrumentality, it is contended that the Gov-
ernment of the United States shall increase by a hundred-
fold the appropriations for the institution. I do not see the
slightest claim in the world.

Let me state another fact. The honorable Senator from
Towa did not state this thing exactly as it was. The fact
was that about 1840, or not far from that time—lI do not
know the exact time that this fund was given to the United
States—was a pretty hard time for the Democratic party;
they had had bad luck, and the Secretary of the ‘Treasury
took the whole of this fund, every dollar of it, and gave it
to Arkansas, no doubt for highly patriotic purposes, [laugh-
ter,] and it was all sunk; and there was an end of the
bubble, or ought to have been. But Congress were so much
tickled with the idea of this bequest that they assumed the
debt. They did not make much by investing it in Arkansas
politics; everything went by default, and then Congress
stepped in and paid out of the Treasury that which they
had wasted.

I will not repeat what I have heretofore said in regard to
this institution; I will not say but that it is possibly a wise

SSS Ss

THIRTY-EIGHTH CONGRESS, 1865-65. 695

one, and a wise appropriation of public money, because it
is rather impertinent to the question that is now before the
Senate. It has been characterized, I think by Greeley—and
I do not often quote him—as a sort of lying-in hospital for
literary valetudinarians, [laughter,] and that is about the
amount of it. I remember once that some friends were
here and had been visiting about the places of interest in
the city of Washington, and had got pretty much through
with them, when I asked them, ‘“‘ What are you going to do
to-day?” They said they were going to look at the Smith-
sonian Institution, and find out what it was. I told them I
was exceedingly glad they were going to start on such a
mission, and I asked them, if they did find out, to tell me
when they got back. They did not call on me when they
got back. [Laughter. ]

Now, sir, I know of no reason under heaven why, when
we are paying in currency the men who are shedding their
blood in defense of the country, the men who are periling
everything for the salvation of the country, we should come
in and pay this pet child we have created in this manner in
gold. I think it would shock the moral sense of the nation
to-day, if they knew that we propose to pay in gold the in-
terest on this debt, which is no debt at all, when we pay
those who fight our battles, and shed their blood in our
defense, in currency. I hope the amendment will not be
adopted.

Mr. Henpricks. The Committee on Public Buildings
and Grounds investigated this subject to some extent, and
became entirely satistied, with the exception of the Senator
from Iowa, I believe, that this interest ought to be paid in
gold. Iam very glad to hear the statement of the Senator
from Iowa. I am glad he is able to prove that this institu-
tion is in good condition. Iam gratified that he has shown
it has full funds, with an accumulation of $75,000 in Indiana
bonds—a sure and reliable fund—and something against the
State of Virginia. I shall be gratified each session while I
have the honor of serving along with him to hear him make
as good a statement of the Smithsonian Institution as he
has to-night.

He says it is a rich institution. [am glad of that. Iwas
once a member of the Indiana Legislature, and every now
and then I heard some Representative or Senator talking
about the bloated corporations of the State; and we all had
it in our heads that the wealth of the corporations, in some
way or other, was made off our constituents, and therefore,
to some extent, we were justified in making war upon them,

696 CONGRESSIONAL PROCEEDINGS.

for they were men that made their gains off the people.
But this is not the case with the corporation that the Senator
now styles a wealthy corporation. No money to fill the
cofters of that institution came from the good people of Iowa.

Mr. Grimes. Not until we pay them in gold $62,000 in
place of $31,000, while we pay to Iowa soldiers, as the Senator
from New Hampshire well said, only six dollars and a half
in gold. Then it will come off my constituents.

Mr. Henpricks. As I was going on to say, all the rich
funds of that institution came net from the people of Lowa
or of Indiana. It was a munificent grant from a foreigner,
Mr. Smithson, for the purpose of establishing in this country
an institution for the acquisition and diffusion of useful
knowledge among men. That $500,000 was received, not

in paper, but in gold, coming from a kind friend of this —

country across the water. If, therefore, the institution is
rich, it is well for us; if it were poor, it would be a disgrace
to us to-day.

Mr. Grimus. I think the Senator is mistaken in the
language used in the will; and I think that in that respect
the managers of it have been true to the direction of the
testator. It was not “ useful knowledge among men,” but
‘knowledge among men.”’ (Laughter. |

Mr. Henpricks. Well, sir, whether knowledge is useful
or not I will not undertake to discuss now. The purpose
of the bequest was to establish in this country an institution
for the diffusion of knowledge, or useful knowledge, among
men. I think the language used was “ useful knowledge.”
Whether the knowledge that is diffused among men from
that institution be useful or not I do not care now to discuss.
If I were to judge from the number of applications I have
for the reports of that institution, I should say it is useful
knowledge.

Then, sir, if the institution is rich, it has cost his con-
stituents and mine nothing; but if it were poor to-day, and
we refused to make up the entire fund, it would cost his
constituents and mine something—it would cost their honor.

Now, sir, upon the leading question I do not agree with
the Senator from New Hampshire. This institution does
not belong tous; it is not the property of the United States.
The United States, in respect to that institution, and the
funds that endowed it, is but the trustee. We are not the
beneficiaries, in its language. The people of the world are
the beneficiaries; all who can be instructed by the diffusion
of useful knowledge are the beneficiaries.

The Senator from New Hampshire spoke also of a loss.

i
.

|

—SSS—_aaaa ee

THIRTY-EIGHTH CONGRESS, 1863-65. 697

because of a purchase of bonds of the State of Arkansas.

If we purchased bonds that were not a sure investment, in
law, or rather in equity, we are bound to make it good. If
the United States, as a trustee, makes a bad investment, she
must make that investment good. If the Senator held funds
for me, or if, as a guardian, he held funds for some of his
minor constituents, and made a bad investment, would he
not be compelled to make it up? Ifhe made a bad invest-
ment he would be compelled to make it good, unless he
used due care and acted under the direction of the court.
I admit, if entire diligence is used, perhaps he would not
be responsible in a court of equity. But I understand the -
facts to be that the institution has lost nothing from the
Arkansas bonds. That has been made up; they have been
paid, and there has been no loss resulting from that invest-
ment.

Mr. Hatz. The Senator is mistaken.

Mr. Henpricxs. I was so told the other day. I am not
fully informed, except as the committee were informed by
Professor Henry, who has this business in charge. That is
the way I understand it. The interest has been paid.

Mr. Hatz. The bonds have not been paid.

Mr. Henpricks. Whether the bonds have been paid or
not is not important. We got gold, and were to use it, as
a trustee, to establish an institution that would be an orna-
ment to the country as well as useful to the world. Now,
sir, what is the obligation of the United States in respect to
that, a gold investment, endowing an institution, not for the
benefit of the United States, but for the benefit of mankind
generally? I understand the decision of the Treasury De-
partment has been that all trust funds are to be paid in gold,
and that all the debts against the Government prior to the
commencement of the war are to be paid in gold.

Both the Senators have asked why we pay gold to this
institution when we pay greenbacks to the soldiers. Why
do the Senators agree, by their numerous votes here, to
pay gold to the men who buy the bonds of the United States?
WwW hy do they make their investment worth twelve per cent.,
when other men use their money for their own benefit but
to the extent of six per cent.? Why do they pay gold to
the creditors that they create now, not by $500,000 at a time,
but by $600,000,000 at a time, in gold? Let them answer
that. Itisa question between them and the soldiers. They
pay the creditors of the Government in gold and the soldiers
in greenbacks. Both Senators unquestionably were governed
by proper considerations. I[ think it isa plain obligation

698 CONGRESSIONAL PROCEEDINGS.

on the part of the Government to pay this interest in gold.
It is according to the practice of the Government, and I
should think it a shame to the Government to do otherwise.

Mr. Trumbutt. I am a little surprised at the course of
the Senator from Iowa and the Senator from New Hamp-
shire. The Senator from New Hampshire says this is not
a trust at all; this property was given to the United States.
It was given to the United States by James Smithson; but
it was given for a particular purpose, and it is as much a
trust as when any testator bequeaths property to a particular
person fora particular purpose. The Congress of the United
States in 1846 passed an act by which they recognized this
as a trust; and I would like to inquire of the Senator from
New Hampshire if he means to repudiate the action of this
Government, if he means to repudiate the solemn obligation
which this Government has taken upon itself? It is a direct
act of repudiation on the part of the Government to deny
that this is a trust, and thatitis held as a trust for particular
purposes. The act of 1846, which I have before me, declares:

‘“That James Smithson, Esq., of London, in the kingdom of Great Britain,
having by his last will and testament given the whole of his property to the
United States of America to found at Washington, under the name of the
Smithsonian Institution, an establishment for the increase and diffusion of
knowledge among men, and the United States having, by an act of Congress,
received said property and accepted said trust: Therefore, for the full execu-
tion of said trust according to the will of the liberal and enlightened donor,
Be it enacted,” &e.

Here is a solemn act of Congress acknowledging the re-
ceipt of this property as a trust fund. It was given for the
purpose of founding “at Washington, under the name of
the Smithsonian Institution, an establishment for the in-
crease and diffusion of knowledge among men;” and the
Senator from Iowa says “not useful knowledge.” Why,
sir, I thought that the term “knowledge” implied that it
was a useful thing. I supposed that knowledge was valuable:
that it was what we all sought to acquire. This property
was accepted in trust for this identical purpose; and to re-
pudiate it now, and say it is no trust, it is the money of the
Government, and you have a right to squander it and use
it, is as direct a breach of faith as it would be on the part
of this Congress to pass a law that it would pay no debt
whatever that it had created. It would be the worst species
of repudiation—worse than borrowing money and refusing
to pay it under ordinary circumstances. The Government
has accepted it; it has committed itself to it; and this insti-
tution had as perfect aright to call for the payment of the

—r
=

=" ae

—

THIRTY-EIGHTH CONGRESS, 1863-65. 699

interest as it fell due, in coin, as had any other creditor of
the Government.

The Senator from Iowa wants to know why a distinction
is to be made between the debt due the Smithsonian Insti-
tution and a debt due any other person. No distinction is
to be made. It is the very thing we do not want to do. The
Government of the United States, in 1861, when this rebellion
broke out, owed some ninety million dollars: and does not
the Senator from Iowa know that we paid the interest to
every one of the holders of that indebtedness in gold?

Mr. Grimes. I know we did not do it to the Indians.

Mr. TrumpBuLn. You have done it to the Indians in many
instances; but because you have wronged the Indian, who
cannot assert his rights; because you have violated your
treaties with him, and by act of Congress are changing
treaties every day, and driving him from the lands that. you
set apart to him and said you would never disturb him in
the possession of; because you impose upon the Indian, do
you propose now to violate all your contracts? You are
bound to pay the Indian in gold, if you have agreed so to
pay him. Sir, this argument. by which you tallk about not
paying the poor soldier in coin smacks’a little of a speech
upon the stamp. The Senator from Iowa votes here to pay
the foreign bondholder in coin.

In my opinion this amendment does not go far enough.
The reason, probably, for the introduction of the amend-
ment at this time is in consequence of a calamity, the de-
struction of a part of the Smithsonian building within a few
days by fire, involving a very large expenditure to repair
the building: but instead of calling upon Congress for an
appropriation for that purpose, it was thought on the part
of the managers of the institution they w ould be enabled
to get along ‘if they received the interest due the institution
in coin. They were entitled to receive it, and they would
have received it in coin had they insisted upon it heretofore.
The only reason that it has not been insisted upon, as I
understand, is that in this great emergency of the country,
as the institution was able to get along, the matter was not
pressed upon the Secretary of “the Treasury, who never de-
nied the obligation of the Government to pay in coin as
much upon this debt as any other debt which the Govern-
ment owed. I[ am informed by the Senator from Maine
[Mr. Farwell] that they received the currency of the coun-
try without making a special demand for the coin under the
particular condition a6 things in the country at the time.

S .
The institution will be able, as I understand, to repair the

700 CONGRESSIONAL PROCEEDINGS.

building, provided they receive what they are entitled to
receive; and hence this proposition to pay the interest in
coin. I shall move an amendment to the proposition to
make up the difference between the currency which the
institution has received and the coin to which they were
entitled, in order that they may have the means to repair
the building. I think the Government is bound to pay it
by every obligation, and particularly by the obligation which
it took upon itself when it accepted this fund.

But the Senator from Iowa brings in here the fact that
this fund was invested in Arkansas bonds. Was that the
fault of Smithson who made the bequest? Whose fault was
it if an improvident use was made of the funds of the insti-
tution? But that question is not now to be settled. The
Government of the United States has assumed the control
of this money, has incorporated this institution, has agreed
to pay the interest forever at six per cent. upon the money
that was placed in its Treasury; and, unless it means to re-
pudiate this obligation, it is bound to pay it, and it is bound
to pay it in the same currency that it pays to other creditors
similarly situated. That is all that the institution asks.
They probably would not have pressed at this time for the
payment in coin but for the misfortune of the fire which

has recently occurred. I move to amend the section which -

is pending by adding to it the following:

And in case the interest heretofore paid to said institution has been paid
in a different currency, or of less value, than that paid by the Government
on other permanent debts or trust funds, that the Secretary be directed to
make up the difference to said Smithsonian Institution.

Mr. CotutAmMerR. Mr. President, I do not wish to confine
my remarks to the amendment now under consideration.
I can see no good reason for the amendment of the Senator
from Illinois. So far as this institution have received their
interest in any money that was satisfactory to them when

they received it, I consider it paid. In relation to what has _

not been paid them, it undoubtedly should be paid them, as
I think, in coin, as is the case with all the trust funds in the
hands of the Government.

But, sir, I rose more particularly to make one remark. I
feel a good deal gratified at the speeches that have been
made on this subject this evening, and from this considera-
tion: Congress, by the votes of many of the gentlemen who
have spoken on this subject to-night, passed a law nearly
four years ago to enable individuals to pay off their old notes in
depreciated paper at half price, and we called it a legal tender.
These gentlemen voted for that measure, by which people

THIRTY-EIGHTH CONGRESS, 1863-65. 701

were enabled to cheat their creditors, and by which the Gov-
ernment never got anything, and never will. But what par-
ticularly gratifies me is this: that while they were willing
to make a law, and it is a standing law now, to enable indi-
viduals to cheat their creditors by paying them off in money
at half price, they are ashamed to do it on their own account,
and will not do any such thing; and [ hope they never will.
{ Laughter. ]

Mr. Davis. Mr. President, I think there isa higher obli-
gation to keep this bequest at its original amount than any
legal obligation. Smithson was a natural son of the Duke
of Northumberland. He made a declaration in connection
with this bequest that he would render his name more famous
than that of the illustrious house to which he was allied. He
executed a will, in which he bestowed the whole of his estate
upon the United States, in trust, to establish, as the honorable
Senator from I]linois has just read, an institution to be located
in the city of Washington for the increase and diffusion of
knowledge among men. That was the highest testimony
that that individual could have rendered to the Government
of the United States, or to the United States themselves.
Although allied to an illustrious house, he gave all that he
had of worldly property to our country and to our Govern-
ment, for the purpose of founding an institution for the in-
crease and diffusion of knowledge. From the circumstances
under which the bequest was made, and the manner in which
its execution was assumed by our Government, in my judg-
ment, it creates a higher than a legal obligation that the
amount and value of this noble bequest shall not deteriorate
or be reduced in amount in the hands of those that he charged
with the execution of the trust.

The honorable Senator from Illinois says, correctly no
doubt, that the reason why this application is now made at
this time is because of the misfortune that befell the Smith-
sonian Institution a few weeks since. That was in some
degree the fault of the United States Government. It had
property deposited for custody and exhibition in the Interior
Department, which was directed by the officers of the Govern-
ment to be transferred to the Smithsonian Institution for
the same custody and for similar exhibition. This property
was not properly attached to, or appended to, the Smithso-
nian Institution. The managers of that institution received
the custody and the possession of this property reluctantly,
and only because its custody had been imposed upon them
by the officials of the United States Government. The
proper arrangement of that property in one of its halls

702 CONGRESSIONAL PROCEEDINGS.

rendered necessary the making of some repairs in the hall
that caused the making of a fire in that hall, which resulted
in the conflagration of the building.

It seems to me, Mr. President, in view of the nature of
the bequest, of the nobleness of the motives of the testator
who bequeathed it, of the high scientific purposes for which
it was given to the United States; in view of the great trust
and confidence that was reposed by the testator in the Gov-
ernment, and in the United States, and in our country; and
in view of the fact that this fire that resulted in the burning
of the Smithsonian building arose from the imposition of
a duty that did not appertain to that institution at all, the
United States Government ought to hold itself bound by
every obligation to keep the bequest at its original value;
and that is all that is proposed.

The Presrpine Orricer, (Mr. Foot in the chair.) The
question is on the amendment of the Senator from [linois
to the amendment of the committee.

The amendment to the amendment was rejected.

The amendment of the committee was adopted; there
being, on a division—ayes twenty-one, noes not counted.

The Prestpine Orricer. The amendments reported by
the Committee on Finance are all disposed of.

Mr. Hatz. I find we have got another Smithsonian Insti-
tution on a smaller scale in this bill that I want to get rid
of. Imove to strike out the following clause:

For publishing the annual report of the National Academy of Sciences,
made to Congress, under the act approved March 38, 18638, $6,000.

If there is no objection to striking it out, I have nothing
to say.

The amendment was agreed to.

March 7, 1865.—Mr. Foor offered the following resolu-
tion :

Resolved, That the President of the Senate appoint a Regent of the Smith-

sonian Institution, on the part of the Senate, in the vacancy now existing
in the Board of Regents.

The PRESIDENT pro tempore appointed Mr. Fessenden.

March 8, 1865.—Mr. Antuony. I offer a resolution in
connection with the report of the Smithsonian Institution.
It is the usual annual resolution on the subject, and has
received the assent of the Committee on Printing, and need
not, therefore, be referred to that committee :

Resolved, That 5,000 additional copies of the report of the Smithsonian
Institution, for 1864, be printed; 3,000 for the use of the Senate, and 2,000 ;
for the use of the Smithsonian Institution: Provided, That the aggregate
number of pages in said report shall not exceed 450, without wood-cuts or

THIRTY-EIGHTH CONGRESS, 1863-65. 703

plates, except those furnished by the institution, and that the report be
stereotyped.

Agreed to.
House oF Representatives, February 2, 1865.

The concurrent resolution from the Senate of February
2, was passed.

February 11, 1865.—On motion of Mr. Frank, the joint
resolution from the Senate appointing General Richard
Delatield a Regent of the Smithsonian Institution, was taken
up and passed.

March 2, 1865.—Mr. Ricr, of Maine. I offer the follow-
ing as as additional amendment to the bill:

And be it further enacted, That the Secretary of the Treasury be directed
to pay the interest on the public debt due the Smithsonian Institution in the
same funds as the interest on other permanent debts due by the United
States prior to the present rebéllion have been and are paid; and in case the
interest heretofore paid to said institution has been paid in a different cur-
rency and of less value than that paid by the Government on other perma-
nent debts or trust funds, that the Secretary be directed to make up the
difference to said Smithsonian Institution.

Mr. Stevens. Why not put in the word “gold” at
once ?

Mr. Houtman. I rise to a question of order. This is not
an appropriation in accordance with law, but it is an attempt
to appropriate a specific sum of money in gold instead of the
ordinary currency of the country.

The Coarrman. The Chair sustains the point of order,
and rules the amendment out of order.

Mr. Cox. I appeal from the decision of the Chair, and I
desire to be heard a moment in explanation. This is not an
appropriation. It is only a direction to the Secretary of the
Treasury to pay the interest on this special fund in gold, as
it always has been paid, and as it ought to be paid now.

Mr. WasHBuRNE, of Illinois. I rise to a question of order.
Has not the debate been closed on this bill?

The CHatrMAN. It has, and the Chair adheres to its
decision.

Mr. Cox. I wish the Chair could have had the facts of the
ease before him before he decided it. I respectfully appeal
from the decision of the Chair.

The question was, Shall the decision of the Chair stand
as the judgment of the committee?

The question was taken, and the decision of the Chair was
sustained.

Mr. Spatpine. I move to insert the following as an ad-
ditional section :

704 CONGRESSIONAL PROCEEDINGS.

Src. —. And be it further enacted, That there be appropriated for the
purpose of making repairs upon the building of the Smithsonian Institu-
tion, lately injured by fire, the sum of $50,000. 5

Mr. WasuBurny, of Illinois. I raise the point of order
that this amendment proposes to change the existing law,
and is therefore out of order.

The Cuarrman. The’ Chair sustains the point of order.

THIRTY-NINTH CONGRESS.

Senate, March 22, 1866.

Mr. Hows. The Joint Committee on the Library have
instructed me to report a bill to provide for the transfer of
the custody of the library of the Smithsonian Institution to
the library of Congress. .

Mr. Sumner. [am very much interested in that question.
I have paid some little attention to the subject in advance,
and I should really hke to see the bill in print. Ido not
wish to make any objection, but I think it had better lie
over.

Mr. Hows. Certainly, that is a very reasonable request.
[ cannot ask to have it considered.

The PRESIDENT pro tempore. It will lie over under the
rule. i

March 27,1866.—The Prestpent pro tempore. If there be
no further morning business, the Chair will call up the un-
finished business of yesterday.

Mr. Hower. Is that now regularly before the Senate.

The PResipEnt pro tempore. It is not regularly before the
Senate until one o’clock, but if there be no other business
the Chair will call it up.

Mr. Howr. Then I move that the Senate proceed to the
consideration of Senate bill No. 216.

The motion was agreed to; and the bill (S. No. 216) to
provide for the transfer of the custody of the library of the
Smithsonian Institution to the library of Congress, was read
a second time and considered as in Committee of the Whole.
It provides that the library collected by the Smithsonian In-
stitution, under the provisions of an act approved August
10, 1846, shall be removed from the building of that insti-
tution, with the consent of the regents, to the new fire-proof
extension of the library of Congress, upon completion of a
sufficient portion for its accommodation, and while there
deposited, it is to be subject to the same regulations as the
library of Congress, except as provided in this bill.

LEE eae

i
{
i
|
4

THIRTY-NINTH CONGRESS, 1865-67. 705

When the library shall have been so removed and depos-
ited, the Smithsonian Institution is to have the use of it in
like manner as it is now used, and the public is to have ac-
cess thereto for purposes of consultation on every ordinary
week-day, except during one month of each year, when it
may be closed for renovation. All the books, maps and
charts of the Smithsonian library are to be properly cared
for and preserved in like manner as are those of the Con-
gressional library, from which the Smithsonian library is
not to be removed, except on reimbursement by the Smith-
sonian Institution to the Treasury of the United States of
expenses incurred in binding and in taking care of it, or
upon such terms and conditions as shall be mutually agreed
upon by Congress and the regents.

The Smithsonian Institution, through its Secretary, is to
have the use of the library of Congress, subject to the same
regulations as Senators and Representatives. The Libra-
rian of Congress is to be authorized to employ two additional
assistants, who are to receive a yearly compensation of $800
and $1,000, respectively, commencing July 1,1866; and the
sum of $500, or so much thereof as may be necessary, is
appropriated to defray the expenses of the removal provided
for in the bill.

Mr. Hows. I move to amend the bill in section two, line
six, by inserting the words “‘in the recess of Congress” after
the word ‘“‘year,” so that it will read:

That when such library shall have been so removed and deposited, the
Smithsonian Institution shall have the use thereof in like manner as it is now
used, and the public shall have access thereto for purposes of consultation on
every ordinary week-day, except during one month of each year in the re-
cess of Congress, when it may be closed for renovation.

The amendment was agreed to.

Mr. Henpricxs. I wish to ask the Senator from Wis-
consin whether this bill contemplates the permanent transfer
of these books to the Congressional library? These books
belong to the Smithsonian trust fund, which I think ought
not to be diverted.

Mr. Hows. The Senator will see, if he looks over the
bill, that it does not transfer the title of the books. It is
the custody of the books that is transferred to the Congres-
sional library for safe-keeping, as well as for the better
accommodation of the public.

Mr. TrumpBuuu. I will state to the Senator from Indiana
that this is a mutual arrangement entered into between the
Regents of the Smithsonian Institution and the Committee
on the Library, satisfactory to both parties. Itis thought to

45

706 CONGRESSIONAL PROCEEDINGS.

be safer to have them deposited there. There is danger of
them at present, as the building in which they are is not
fire-proof.

The bill was reported to the Senate as amended, and the
amendment concurred in. The bill was ordered to be en-

grossed for a third reading; was read the third time, and
! passed.

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

Mr. TrumMBvLu moved the printing of 5,000 extra copies.

May 9, 1866.—Mr. Antony, from the Committee on
Printing, reported the following resolution, which was
adopted :

Resolved, That 5,000 additional copies of the report of the Regents of the
Smithsonian Institution, for the year 1865, be printed ; 2,000 for the use of
the Smithsonian Institution, and 3,000 for the use of the Senate: Pr ovided,
That the aggregate number of pages contained in said report shall not exceed
450 pages, “without wood-cuts or plates, except those furnished by the insti-
tution.

February 1, 1867.—Mr. Frssrnpren. There is a little
bill on the table (House, January 31, 1867,) which has
come in from the House that I should like very much
to take up and have passed if no Senator has any objection
to it, because it is rather necessary that it should be passed
at once,if at all. It relates to the funds of the Smithsonian
Institution, and the regents of that institution are now in
session in this city and would like probably to take some
action under the bill. It is very short, and if there be no
objection I should like to have it taken up and acted upon.
I have examined it, and do not see any objection to it.

Mr. SHerMAN. I should like to inquire where the fund
has been heretofore. Has it been in the Treasury ?

Mr. FressenpEN. No, sir; it has been in the hands of the
Secretary. Under the bequest of Smithson there wasa sum
that was to come to the institution upon the death of a cer-
tain person, and that person died just about the time I
happened to be in the Treasury, and therefore I know the
facts. This bill simply provides that this money shall be
paid into the Treasury, and disposed of precisely in accord-
- ance with the original act with regard to the disposal of
Smithson’s bequest.

Mr. SHERMAN. [I have no objection to it at all.

The bill was reported to the Senate without amendment,
ordered to a third reading, read the third time, and passed.

February 26, 1867.—Senate resolution to provide for the
exchange of certain documents with foreign countries, was
read a third time, and passed ; as follows:

THIRTY-NINTH CONGRESS, 1865-67. 707

- Resolved, §c., That fifty copies of all documents hereafter printed by
\ order of cither House of Congress, and fifty copies additional of all docu-
ments printed in excess of the usual number, together with fifty copies of
each publication issued by any department or bureau of the Government,
be placed at the disposal of the Joint Committee on the Library, who shail
exchange the same, through the agency of the Smithsonian Institution, for
such works published in foreign countries, and especially by foreign gov-
ernments, as may be deemed by said commiitee an equivalent; said works
to be deposited in the library of Congress.
February 26, 1867.—Annual report of the Smithsonian
Institution, for 1866, was presented.
Mr. TRUMBULL moved that 5,000 extra copies be printed.

March 1, 1867.—Mr. Antuony, from the Committee on
Printing, offered the following resolution; which was
agreed to:

Resolved, That 5,000 additional copies of the report of the Smithsonian
Institution, for the year 1866, be printed ; 2,000 for the use of the Smith-
sonian Institution, and 3,000 for the use of the Senate; and that said report
be stereotyped: Provided, That the aggregate number of pages contained
in said report shall not exceed 450, without wood-cuts or plates, except
those furnished by the institution.

House or Representatives, March 9, 1866.

Mr. PatrErson introduced a bill for the transfer of the
Smithsonian library, which was referred to the Joint Com-
mittee on the Library.

April 2, 1866.—On motion of Mr. Ruruerrorp B. Hayes,
by unanimous consent, Senate bill to provide for the trans-
fer of the custody of the library of the Smithsonian Insti-
tution to the library of Congress, was taken from the
Speaker’s table, and read a first and second time.

Mr. Hayes. The Committee on the Library recommend
the passage of the bill.

The bill was ordered to a third reading; and it was ac-
cordingly read the third time, and passed.

Mr. Hayrs moved to reconsider the vote by which it was
passed; and also moved that the motion to reconsider be laid
upon the table.

The latter motion was agreed to.

The bill is as follows :

Be it enacted, §c., That the library collected by the Smithsonian Institu-
tion under the provisions of an act approved August tenth, eighteen hun-
dred and forty-six, shall be removed from the building of said institution,
with the consent of the regents thereof, to the new fire-proof extension of
the library of Congress, upon completion of a suflicient portion thereof for
its accommodation, and shall, while there deposited, be subject to the same
regulations as the library of Congress, except as hereinafter provided.

Src. 2. And be it further enacted, That when such library shall have been
so removed and deposited, the Smithsonian Institution shall have the use

thereof in like manner as it is now used, and the publicshall have access thereto
for purposes of consultation on every ordinary week day except during one

708 CONGRESSIONAL PROCEEDINGS.

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 tak-
ing care of the same, or upon such terms and conditions as shall be mutually
agreed upon by Congress and the regents of said institution.

Src. 8. 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.

Src. 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, respec-
tively, 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. Larury, from the Committee on Print-
ing, 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 Eng-
land, 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

THIRTY-NINTH CONGRESS, 1865-67. 709

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, &.

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 author-
izing 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 sce fit to deposit, not exceeding, with the original bequest,
the sum of $1,000,000; and that the income which has accrued or may ac-
crue 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.

Src. 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. Laruin, from the Committee
on Printing, offered the following resolution, which was
adopted :

Resolved, That 5,000 additional copies of the last report of the Smith-
sonian Institution be printed ; 2,000 for the use of the Smithsonian Institue

tion, and 3,000 for the use of the members of this House; and that the same
be stereotyped.

710 CONGRESSIONAL PROCEEDINGS.

March 2, 1867.—The House rejected the joint resolution
of the Senate, providing for the exchange of public docu-
ments. 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 Institu-
tion, to fill the vacaney 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 Smith-
sonian 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 PrestpEnt pro tempore laid before the
Senate a communication from the Board of Regents of the
Smithsonian Institution, which was referred to the Commit-
tee 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. Antuony, 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
bestereotyped: 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. Haran 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 re-
ferred 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. )

FORTIETH CONGRESS, 1867-69. 711

January 22, 1869.—Mr. Wuuson 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. Antuony, 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.

Hovs& 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.

Hebruary 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. Potanp. I move to amend the paragraph just read
by striking out “‘$1,000” and inserting “ $6,000.” I appre-
hend that the Committee on Appropriations had not, proba-
bly, looked into the history of this annual appropriation to
the Smithsonian Institution for taking care of these collec-
tions of the Government when they concluded to report this
sum. These collections were kept in the Patent Office build-
ing up to 1857, and were then much smaller than they are
now. 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-

712 CONGRESSIONAL PROCEEDINGS.

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 de-
structive and ruinous fire that occurred there in 1865. It
seems to me there can be no question but what the appro-
priation 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. Potanp. 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. WasuzBurne, of Illinois. The Committee on Appro-
priations thought that $1,000 a year was about as much as
the people of this country desire to pay to preserve the col-
lections 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. Potanp. It may be true that Professor Henry did
not desire to have the friends of the Smithsonian Institu-
tion to get into a controversy with the gentleman from Illi-
nois, (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.

FORTIETH CONGRESS, 1867-69. 713

He tells me, and I have no doubt tells the gentleman, that
$6,000 is needed, and that he ought to have it.

Mr. WasHBURNE, of Illinois. I understood that he would
be entirely satisfied with $4,000. And Iwill say that, instead
of losing anything by any controversy with me, he would
certainly obtain an additional amount here by getting into
any such controversy. Will the gentleman from Vermont
{Mr. Poland] consent to modify the amendment by making
the amount $4,000?

Mr. Potanp. No, sir.

Mr. Pruyn. Mr. Chairman, I move pro forma to amend
the amendment by making the amount $7,500. Iam pre-
pared to corroborate in all substantial particulars the state-
ment made by the gentleman from Vermont, [Mr. Poland.]
It is quite impossible that these collections can be taken care
of for a less sum than five or six thousand dollars. They
occupy the large hall of the Smithsonian Institution, the
best part of the whole building. The rent of such a room
anywhere else in this city would cost as much as the appro-
priation asked for. Ifthe gentleman from Illinois will agree
to an appropriation of $5,000, I will modify my amendment
so as to name that sum.

Mr. Wasupurnge, of Illinois. No, sir; $4,000 is the usual
appropriation, and I see no reason why, in the present con-
dition of our finances, we should increase it.

Mr. Pruyy. I withdraw my amendment; but I hope the
committee will agree to vote at least $6,000 for this purpose.

Mr. Serve. Mr. Chairman, I rise to oppose the amend-
ment. I would like to know of what this institution consists.
I would like the gentleman from New York [Mr. Pruyn] or
the gentleman from Vermont [Mr. Poland] to tell us how
many of his constituents ever saw this institution, or ever
will see it, or ever want tosee it? It is enough to make any
man or woman sick to visit that institution. No one can
expect to get any benefit from it. I am opposed, sir, to
taxing my constituents $7,000 a year to keep up any such
institution.

Mr. Potanp. In accordance with what seems to be the
wish of gentlemen around me, I modify my amendment so
as to make the amount $5,000.

On the amendment of Mr. Poland, as modified, there
were—ayes 50, noes 53.

Mr. Pouanp called for tellers.

Tellers were ordered; and Messrs. Spalding and Selye
were appointed.

714 CONGRESSIONAL PROCEEDINGS.

The committee divided; and the tellers reported—ayes
40, noes 55.

So the amendment was not agreed to.

Mr. TwicnEett. I move to amend by striking out “one”

and inserting ‘‘four;” so as to make the paragraph read :
For the preservation of the collections of the exploring and surveying
expeditions of the Government, $4,000.

The amendment was agreed to.

May 1, 1868.—The Speaker laid before the House the
following communication from the Board of Regents of the
Smithsonian Institution; which, on motion of Mr. Garfield,
was referred to the Committee on Appropriations, and
ordered to be printed :

To the honorable the Senate and House of Representatives, §c.: In behalf
of the Board of Regents of the Smithsonian Institution, the undersigned
beg leave respectfully to submit to your honorable body the following
statement, and to solicit such action in regard to it as may be deemed just
and proper:

The act of Congress organizing the institution ordered the erection of a
building which should accommodate, on a liberal scale, besides a library
and a gallery of art, a museum, consisting of all the specimens of natural
history, geology, and art, which then belonged to the Government, or which
might thereafter come into its possession by exchange or otherwise. <Al-
though the majority of the Regents did not consider the maintenance of
these objects to be in accordance with the intention of Smithson, as inferred
from a strict interpretation of the terms of his will, yet in obedience to
the commands of Congress they proceeded to erect a building of the neces-
sary dimensions, and to take charge of the Government collections.

The erection and maintenance of so large and expensive an edifice, in-
volving an outlay of $450,000, and the charge of the Government museum,
have proved a grievous burden on the institution, increasing from year to
year, which, had not its effects been counteracted by a judicious manage-
ment of the funds, would have paralyzed the legitimate operations of the
establishment, and frustrated the evident intention of Smithson.

It is true that Congress, at the time the specimens were transferred to the
institution, granted an appropriation of $4,000 for their care and preserva-
tion, that being the equivalent of the estimated cost of the maintenance of
these collections in the Patent Office, where they had previously been ex-
hibited. But this sum, from the rise in prices and the expansion of the
museum by the specimens obtained from about fifty exploring expeditions
ordered by Congress, scarcely more than defrays, at the present time, one-
third of the annual expense. In this estimate no account is taken of the
rent of the part of the building devoted to the museum of the Government,
which, at a moderate estimate, would be $20,000 per annum.

Besides the large expenditure which has already been made on the build-
ing, at least $50,000 more will be required to finish the large hall in the
second story, necessary for the full display of the specimens of the Govern-
ment. But the Regents do not think it judicious further to embarrass the
active operations for several years to come, by devoting a large part of the
income to this object, and have, therefore, concluded to allow this room to
remain unfinished until other means are provided for completing it.

It is not by its castellated building nor the exhibition of the museum of
the Government that the institution has achieved its present reputation, nor
by the collection and display of material objects of any kind that it has
vindicated the intelligence and good faith of the Government in the admin-

FORTIETH CONGRESS, 1867-69. 715

istration of the trust; it is by its explorations, its researches, its publica-
tions, its distribution of specimens and its exchanges, constituting it an
active, living organization, that it has rendered itself favorably known in
every part of the civilized world, has made contributions to almost every
branch of science, and brought more than ever before into immediate and
friendly relations the Old and the New Worlds.

A central museum for a complete representation of the products of
America, with such foreign specimens as may be required for comparison
and generalization, is of great importance, particularly as a means of devel-
oping and illustrating our industrial resources, as well as of facilitating the
study of the relations of our geology, mineralogy, flora and fauna, to those
of the Old World. But the benefit of such an establishment is principally
confined to this country, and does not partake of the cosmopolitan charac-
ter of an institution such as Smithson intended to found, and therefore
ought not to be supported from his bequest.

The Board of Regents are confident that upon a full consideration of the
case, your honorable body will grant an adequate support for the collections
of the Government, and also an appropriation for finishing the repairs of
the building, and eventually, when the financial condition of the country
will permit, for the independent maintenance of a national museum.

It may not be improper, in addition to what has been said, to recall the
fact that the Smithsonian Institution has transferred, without cost, to the
library of Congress, one of the most valuable and complete collections of
the transactions of scientific and learned societies and serial publications in
existence, consisting of at least 50,000 works, which, with the annual con-
tinuations of the same series, must render Washington a centre of scientific
knowledge, and the library itself worthy of the nation; and that it has
also presented to the Government its valuable collection of specimens of
art, illustrating the history of engraving from the earliest periods. It is
prepared to render a similar service to a national museum, by the exchanges
from foreign museums to which it has been a liberal contributor, and which
may be obtained as soon as means are provided for their transportation
and accommodation.

It may also be mentioned that the institution has rendered important
service to the Government through the scientific investigations it has made
in connection with the operations of the different departments, and it is not
too much to say that, through the labors of its oflicers, it has been the
means of saving millions of dollars to the national Treasury.

In conclusion, your memorialists beg leave to represent, on behalf of the
Board of Regents, that the usual annual appropriation of $4,000 is wholly in-
adequate to the cost of preparing, preserving, and exhibiting the specimens,
the actual expenditure for that purpose in 1867 having been over $12,000;
and they take the liberty of respectfully urging on your honorable body
the expediency of increasing it to $10,000, and that a further sum of $25,000
be appropriated at this session of Congress towards the completion of the
hall required for the Government collections.

And your memorialists will ever pray, &c.
S. P. CHASE,

Chancellor Smithsonian Institution.

JOSEPH HENRY,
Secretary Smithsonian Institution.

May 29, 1868.—Annual report, for 1867, presented.

Mr. GARFIELD moved to print 5,000 extra copies.

June 5, 1868.—Mr. Laruin, from Committee on Printing,
reported the following resolution, which was adopted :

Resolved, That there be printed 5,000 extra copies of the report of the
Smithsonian Institution ; 3,000 for the use of the House, and 2,000 for the

716 CONGRESSIONAL PROCEEDINGS.

institution; the same to be stereotyped, at the expense heretofore pro-
vided for.

July 25, 1868.—The following resolution was passed :

Resolved, §c., That the Congressional Printer, whenever he shall be so
directed by the Joint Committee on the Library, be, and he hereby is, di-
rected to print fifty copies, in addition to the regular number, of all docu-
ments hereafter printed by order of either House of Congress, or by order
of any department or bureau of the Government, and whenever he shall
be so directed by the Joint Committee on the Library, one hundred
copies additional of all documents ordered to be printed in excess of the
usual number ; said fifty or one hundred copies to be delivered to the Libra-
rian of Congress, to be exchanged, under direction of the Joint Committee
on the Library, as provided by joint resolution approved March 2, 1867.

Src. 2. And be it further resolved, That fifty copies of each publication
printed under direction of any department or bureau of the Government,
whether at the Congressional Printing Office or elsewhere, shall be placed
at the disposal of the Joint Committee on the Library, to carry out the
provisions of said resolution.

February 13, 1869.—Annual report of Smithsonian Insti-
tution, for 1868, presented, and ordered to be printed.

Mr. Pruyn offered a resolution to have 5,000 extra copies
printed,

Mr. InaERsoLL moved to increase the number of extra
copies to 10,000, on account of the value of the document.

February 27, 1869.—Mr. Laruin, from the Committee
on Printing, reported the following resolution, which was
adopted :

Resolved, That there be printed 5,000 extra copies of the report of the
Smithsonian Institution ; 3,000 for the use of the House, and 2,000 for the
use of the institution ; the same to be stereotyped, at the expense heretofore
provided for.

March 1, 1869.—The House having nnder consideration
the miscellaneous appropriation bill, the clerk read the fol-
lowing amendment :

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

Mr. GarFrieLD. I move to amend this paragraph by
striking out “$4,000” and inserting ‘ $10,000.” And [
wish briefly to call the attention of the Committee of the
Whole to the facts upon which I base my motion.

In 1846, when the Smithsonian Institution was founded,
the Government of the United States, by a law of Congress,
transferred to that institution all the articles now belonging
to the museum which the Government then owned. At
that time it was costing $4,000 a year to take care of and
preserve those articles. Since then a great number of ex-
ploring expeditions have been sent out by the Government,
and large additions have been made to the museum; and

FORTIETH CONGRESS, 1867-69. 717

the actual cost of taking care of and keeping the articles
which the Government now owns amounts to more than
$10,000 a year. Having imposed this duty upon the Smith-
sonian Institution, itis wrong for the Government to ask
that institution to pay $6,000 out of its own fund—donated by
a foreigner to the cause of science in this country—for the
care, preservation, and custody of Government property,
to say nothing of the use of the building for that purpose.

Mr. Maynarp. What are the items of the expenditure
for that purpose? It certainly is not all for personal super-
vision.

Mr. GARFIELD. Only so far as the Board of Regents
have to employ persons to take care of and watch that
these things are properly guarded. I have here a memorial
of the Board of Regents, of which Lam a member. It is
signed by the Chancellor of the Institution, Chief Justice
Chase, and by the Secretary of the Institution, Professor
Henry. Accompanying that is a detailed statement of the
expenses of the National Museum for the year 1868. I ask
the attention of members to these papers.

[See proceedings of May 1, 1868.]

The following is a statement of the expense of the Na-
tional Museum, for the year 1868:

GilaissstorwCasese es sae vite kee ee ea eo eee eee eebes $154 33
Carbolic acid, insect:powder, and: arsenic... .--.-.--—.--<-. 72 85
Giassiboctles ang ats Sa 2 aon ee aon races coea ne oe ne cones 96 68
AULT SY oe ee ee eee 180 01
Wrapping paper Se eae ante sn eee ae won een eseres 63 90
Benzine, paint, oil, varnish, putty, brushes —.-.©--____.-_-_._._ 201 87
Saucers for nests and COU See ok oe Ee cee 22 30
Stationery, index- books, andublankso22= 2. soe eee eee 123 57
Ha De StOlRS ECM CT Ss mate ete sien Seinen a era Seer ete aes 208 04
Locks, keys, handles, funnels. measures, tools, cans, &c. ------- 185 05
Paper and poison for er Ue A Ie oles. AE a paces 847 20
Nimibersiand labelsitormmimerals2 2-52 — == =~ none on 94 41
Examination, cleaning, assorting, and labeling shells-_..----__ 1,168 95
Books for proper labeling specimens-—--_.-__-.-_--.--=--.--~. 430 47
Tow for)stufiing large animals (bears) ....-.-.-..._.------.--. 24 90
Jxsanivereul aya) Hore [OR eh en eS 85 95
Pe NOE? [NORCO a ee Le eee ws 50 40
RTS E, 4 TE SUS SS Ie Sp OE A 400 00
Mounting birds, beaver, &c, ------ ee ee ees Se ee ee eee 195 50
cel oniOnEcg ecto nS pee eee ne a ce ne eee 1,200 00
WWalnuticases forspecimens)= S260) 0 520082) ee 1,100 00
eatin oom tor collections: 69+ a5 2 sees soa eee 500 00
Assistants, one at $2,500, one at $600, one at $500, and one at

S00 pane ees ere ee See oe ees 3,900 00
Laborers, and watchmen, one at $840, one at $660, one at $600,

One Ato l2TaNndsOneaiipolas—e n= oe eee eae eee 2,724 00

$13,480 38

718 CONGRESSIONAL PROCEEDINGS.

Tn addition to the foregoing, $125,000 have been expended
since the fire in 1865 on that part of the building required
for the accommodation of the museum, the interest on
which, at six per cent., would be $7,500 annually.

The bequest to found this institution was from a foreigner
who never visited the United States. He bequeathed his
fortune with unreserved confidence to our Government for
the advancement of science, to which he had devoted his.
own life. The sacredness of the trust is enhanced from the
fact that it was accepted after the death of him by whom it
was confided. The only indications of his intentions which
we possess are expressed in the terms of his will. It there-
fore became of the first importance that the import of these
terms should be critically analyzed and the logical infer-
ence from them faithfully observed. The whole is con-
tained in these few and explicit words:

‘¢To found at Washington, under the name of the Smithsonian Institu-
tion, an establishment for the increase and diffusion of knowledge among
men.”’

These terms have a strictly scientific import, and are sus-
ceptible of a series of definite propositions.

First. The bequest is for the benefit of mankind; not to
be confined to one country, to one race, but to all men of
all complexions.

Second. The objects of the institution are primarily to in-
crease, and secondly, to diffuse knowledge among men, and
these objects should not be confounded with each other.

The will makes no restriction of any kind of knowledge,
hence, every branch of science capable of advancement is
entitled to a share of attention.

Though the terms of the will are explicit and convey
precise scientific ideas to those who are acquainted with
their technical significance, yet to the public generally they
might seem to admit of a greater latitude of construction
than has been put upon them. It is, therefore, not sur-
prising that at the commencement, improper conceptions of
the nature of the bequest should have been entertained or
that Congress in the act of organization should direct the
prosecution of objects incompatible with the strict inter-
pretation of it or to impose burdens upon the institution
tending materially to affect its usefulness.

The principal of such burdens was the direction to pro-
vide a building on an ample scale to make provision for the
accommodation of the collections of Government, consist-
ing of all the specimens of nature and art then in the city

FORTIETH CONGRESS, 1867-69. 719

of Washington or that might hereafter become the property
of the Government by exchange or otherwise.

Though the majority. of the Board of Regents did not
consider the expenditure of a large amount of the income
on this subject in accordance with the will of Smithson,
they could not refuse to obey the injunction of Congress,
and proceeded to erect an extended building and to take charge
of the museum pane Government. The cost of this building,
which at first was $325,000, has been increased by the repa-
ration of damages peed by the fire to $450,000, the whole
of whigh has been defrayed from the annual income. WNot-
withstanding this burden the institution has achieved a
reputation as wide as the civilized world, has advanced
almost every branch of knowledge, and presented books
and specimens to hundreds of institutions and societies in
this country and abroad.

It is not a mere statical establishment, as many may
suppose, supporting a corps of individuals whose only duty
is the exhibition of the articles of the show museum; but
a living, active organization that has by its publications,
researches, explorations, distribution of specimens and

exchanges, vindicated the intelligence and good faith of the
Government in administering a fund intended for the good
of the whole community of civilized men. It has at the
same time collected a library, principally of the transactions
and proceedings of learned societies, the most perfect one
of the kind in the world, consisting of fifty thousand works;
also a collection of engravings illustrative of the progress
and early history of the arts, both of which it has trans-
ferred to the Library of Congress. It is not alone the pres-
ent value of the books which it has placed in the possession
of the Government, but also that of the perpetual continu-
ation of the several series contained therein.

The institution has continued to render important service
to the Government from its first organization until the
present time by examining and reporting on scientific ques-
tions pertaining to the operations of the different depart-
ments, and in this way, particularly during the war, it is
not too much to say that it has saved the United States
many millions of dollars.

Let me say one word more before leaving this subject.
As I have shown, the real purpose of the donation of
Smithson which the Board of Regents have tried to pro-
mote as well as they could was to extend and circulate
means of scientific information; and the management of

720 CONGRESSIONAL PROCEEDINGS.

the institution has always resisted the tendency to keep up
and increase this museum at the expense of this fund.

Recently the institution has given over to the Library of
Congress a collection of fifty thousand volumes, constituting
probably the most perfect scientific library in the world.
But we are still charged as an institution with the cost of
this rapidly-increasing museum. Now, the Regents would
be glad if Congress would take this museum off their hands
and provide otherwise for the care of it. It is a charge im-
posed upon the institution by law, a charge which it never
sought and is not desirous to retain. At the time wken this
museum was first placed in the custody of the institution it
cost but $4,000 a year to keep it in the Patent Office. Now
the care of that museum costs three times that amount. I
hope therefore that the committee will vote $10,000 instead
of $4,000 for this purpose.

Mr. Spatpine. Mr. Chairman, I am very sorry to find
the Smithsonian Institution among the leeches that are all
the while crying to the Treasury of the United States,
“Give, give!” The Smithsonian is a wealthy institution.
The Government of the United States is continually paying
it gold interest on the large fund belonging to the institu-
tion; but the institution is not willing to bear this little
additional expense, as it is called, from its own means, but
wishes to obtain the money from the public Treasury. The
men who pay the taxes must contribute the additional sum
to this wealthy institution.

Sir, we have loaned to that institution the National Mu-
seum. We have paid the institution for a series of years
$4,000 annually in cash for taking care of that museum.
The institution has been content with that sum heretofore ;
but now it comes in and asks an appropriation of $10,000
for this purpose. Sir, we had better take away the museum
from the care of that institution. I had almost said we
had better throw it into the Potomac than be constantly
paying these increased demands from the Smithsonian In-
stitution. That is the light in which the committee have
viewed the subject; and in that light they protest against
this increase.

The amendment was not agreed to,

March 2, 1869.—Joint resolution reappointing Louis
Agassiz a Regent of the Smithsonian Institution, passed.

FORTY-FIRST CONGRESS, 1869-71. 721

FORTY-FIRST CONGRESS.

Senate, January 18, 1870.

On motion of Mr. TrumpBvtt, that the vacancy in the
Board of Regents of the Smithsonian Institution, caused b
the death of Hon. W. P. Fessenden, be filled; the Vice-
President appointed Mr. Hannibal Hamlin a regent.

March 30, 1870.—Annual report for 1869 presented, and
ordered to be printed.

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

July 13, 1870.—Mr. Antnony reported, from the Com-
mittee on Printing, the resolution of the House of Repre-
sentatives to print 10,000 additional copies of the Smithso-
nian report, which was concurred in.

January 26, 1871.—Letter of resignation, as Regent of the
Smithsonian Institution, from General Richard Delafield,
read, as follows, and laid on the table:

WASHINGTON, D. C., January 25, 1871.

Str: The period of six years, for which I was appointed a Regent of the
Smithsonian Institution, under a joint resolution of the Senate and House
of Representatives, expires in February.

I believe the welfare and the best interest of the institution may be sub-
served by tendering my resignation of this trust and responsibility at the
present date, that the Board of Regents and Congress may have the neces-
sary time to appoint my successor and enable him to attend the annual
meeting of the Board of Regents, now about to take place.

I have requested Hon. J. A. Garfield to present my resignation as a Re-
gent to the board at its first meeting, and should the occasion require, re-
quest you will state the fact to the Senate of my having tendered my resig-
nation for the reasons herein stated.

Respectfully, your obedient servant,
RicHaArD DELAFIELD,
Brigadier General U.S. A., (retired.)

Hon. ScHuy.Ler Cotrax, Vice-President of the U. S.,
Member of the Board of Regents of the Smithsonian Institution.
January 27, 1871.—Mr. Hamuin offered the following
resolution; which was adopted :
Resolved, §c., That General William T. Sherman be, and he is hereby,

appointed a member of the Board of Regents of the Smithsonian Institu-
tion, in the place of General Richard Delafield, resigned.

Housr or REPRESENTATIVES, Hebruary 2, 1870.

THE SPEAKER announced the appointment of the following
Regents of the Smithsonian Institution: Mr. Luke P. Poland,
Mr. James A. Garfield, Mr. Samuel 8. Cox.

April 20, 1870.—The resolution by the Senate to print
13,000 additional copies of the report of the Smithsonian
Institution was objected to.

46

{22 CONGRESSIONAL PROCEEDINGS.

June 7, 1870.—Mr. Asper offered a resolution that 2,000
copies of the reports of the Smithsonian Institution for
1866, °67, ’68 be printed from the stereotype plates.

The following letter from Professor Henry, was read:

SMITHSONIAN INSTITUTION,
WASHINGTON, D. C., May 28, 1870.

My Dear Sir: I have the honor, with your permission, to address you
in relation to extra copies of the reports of this institution, for which the
. demand has of late years become so great that the number ordered by the
House for its members has not been sufficient to supply more than half their
constituents who desire them. During the last three years, and especially
during the year just passed, so numerous have been the demands upon us
for copies of reports that our stock is entirely exhausted. The report gives
not only an account of the operations of the institution, but also, in an ap-
pendix, a series of translations which exhibit the progress of science in
foreign countries. A copy is sent to each of the foreign correspondents of
the establishment; to colleges, public libraries, and learned societies publishing
transactions; to meteorological observers of the institution; to contributors
of the material to the library or museum, and to persons engaged in teach-
ing or in special scientific research, so far as the number of copies furnished
to the institution will allow.

In view of these facts, I would respectfully suggest that there be struck
off from the stereotype plates of the reports for 1866, 1867, and 1868, now
in the hands of the Public Printer, 2,000 copies of each volume—1,000 for
the use of the House and the other 1,000 for distribution by the institution.

I have the honor to be, very truly, your obedient servant,

JOSEPH HENRY,
Secretary Smithsonian Institution.
Hon. J. F. AsPEr,
U. S. House of Representatives.

Referred to Cormmittee on Printing.

July 12, 1870.—Mr. Larurn reported the following reso-
ution from the Committee on Printing, which was adopted:

Resolved, §c., That 10,000 additional copies of the report of the Smithso-
nian Institution for the year 1869 be printed, 3,000 of which shall be for
the use of the Senate, 4,000 for the use of the House, and 3,000 for the use
of the Smithsonian Institution: Provided, That the aggregate number of
pages of said report shall not exceed 450, and there shall be no illustrations
except those furnished by the Smithsonian Institution.

December 12, 1870.—Mr. IncErsouu offered the following
resolution :

Resolved, That there be printed, from stereotyped plates now in posses-
sion of the Public Printer, 2,000 copies each of the reports of the Smith-
sonian Institution, for the years 1865, 1866, 1867, 1868; 1,000 of these to
be for the use of the members of the House, and 1,000 for distribution by
the Smithsonian Institution.

January 30, 1871.—On motion of Mr. Potanp, the House
took up and passed the joint resolution appointing General
William T. Sherman a Regent of the Smithsonian Institu-
tion, in the place of General Richard Delafield, resigned.

February 24, 1871.—The Clerk read as follows :

‘For continuing the completion of the survey of the Colorado of the

FORTY-SECOND CoNGRESS, 1871-73. 723

West and its tributaries, by Professor Powell, under the direction of the
Secretary of the Interior, $12,000.”
Mr. Dawes. I move to strike out the words “ Secretary
of the Interior,” and insert ‘‘ the Smithsonian Institution.”
The amendment was agreed to.

FORTY-SECOND CONGRESS.

Senate, March 13, 1871.

Mr. Hamuin. I ask unanimous consent of the Senate to
introduce a bill, and I desire to have it considered at this
time. I think it will not take two minutes.

By unanimous consent, leave was granted to introduce
a bill to amend an act to establish the Smithsonian Institu-
tion for the increase and diffusion of knowledge among
men, approved August 10, 1846; and it was read twice,
and considered as in Committee of the Whole.

The bill proposes to amend the act of August 10, 1846,
by striking out in the first section the words “mayor of the
city of Washington,” and inserting “‘ governor of the Dis-
trict of Columbia,” and by making the same change in the
third section of the act.

The following is the bill: :

Be it enacted, §-c., That ‘‘ An act to establish the Smithsonian Institution
for the increase and diffusion of knowledge among men,”’ approved August
ten, eighteen hundred and forty-six, be, and the same is hereby, amended
in section one of said act by striking out the words ‘‘ the mayor of the city
of Washington,” and inserting in place thereof the words ‘‘the governor
of the District of Columbia,’’ and that said act be further amended in sec-
tion three by striking out the words ‘‘the mayor of the city of Washing-
ton,’’ and inserting in place thereof the words ‘the governor of the Dis-
trict of Columbia.”

Mr. Hamuin. Let me say to the Senate, in one word,
what this bill means. The original act creating the institu-
tion made the mayor of the city of Washington one of its
regents. We have abolished that office, and this bill simply
puts the governor of the Territory in his place.

The bill passed.

April 19, 1871.—The concurrent resolution from the House
of Representatives, of April 18, for the printing of 12,500
copies of the report of the Smithsonian Institution, for
1870, was agreed to.

April 26, 1872.—Annual report for 1871 laid before the
Senate.

724 CONGRESSIONAL PROCEEDINGS.

Mr. Hamuin moved to have 12,500 extra copies of the
report printed.

May 2, 1872.—Mr. AntHony, reported the following reso-
lution; which was agreed to.

Resolved, By the Senate, (the House of Representatives concurring,) that
12,500 additional copies of the report of the Smithsonian Institution, for
the year 1871, be printed; 2,500 for the use of the Senate, 5,000 for the use
of the House, and 5,000 for the use of the Smithsonian Institution: Pro-
vided, That the aggregate number of pages of said report shall not exceed
450; and that there shall be no illustrations, except those furnished by the
Smithsonian Institution.

May 24, 1872.—Mr. Antuony, from the Committee on
Printing, reported non-concurrence to the amendment of
the House of Representatives to increase the number of
extra copies of the report, for 1871, to 20,000. Agreed to,

May 29, 1872.—Mr. Antuony, from the Committee on
Printing, reported back the following resolution of the House
of Representatives, which was agreed to:

Resolved, §c., That 2,000 copies of each of the reports of the Smithsonian
Institution of which the stereotype plates are now in the Congressional Print-
ing Office be printed for distribution by the Smithsonian Institution to libra-
ries, colleges, and public establishments.

December 10, 1872.—The Vicz-PREsIDENT appointed Mr.
J. W. Stevenson of Kentucky, a regent of the Smithsonian
Institution, in the place of Mr. Garrett Davis, deceased.

February 21, 1873.—Annual report of the Smithsonian
Institution, for 1872, presented.

February 28, 1873.—Mr. Stevenson. [am authorized by
the Committee on Appropriations to offer a small amend-
ment on page 27, line six hundred and fifty-eight, to strike
out “ fifteen,” and insert “twenty.” The clause now reads:

For preservation of the collections of the surveying and exploring expe-
ditions of the Government, $15,000.

This increase is asked for in order to enable the institu-
tion to arrange and exhibit the geological collections lately
transferred from the Land Office, and to make out duplicate
specimens in sets for distributing to colleges and institutions
throughout the United States. Professor Baird, in a letter
before me, says that he made this estimate of $15,900, which
is the usual estimate, before the transfer was made from the
Land Office of all these specimens, and the additional ap-
propriation is required to prepare for the large increase of
these specimens, and also to prepare duplicates for distribu-
tion. The amendment simply proposes an appropriation of
$20,000, instead of $15,000. I hope the Senate will agree
to it.

FORTY-SECOND CONGRESS, 1871-73. 725

Mr. Cots. I think $20,000 is probably more than the
whole thing is worth.

Mr. Stevenson. Iam astonished at the chairman.

Mr. Coutz. I think it is hardly worth while to expend
such a large sum for such things, and $15,000 it seems to me
is ample for whatever care is requisite for the specimens
that were received by the Smithsonian Institution from the
Land Office.

Mr. Stevenson. [had hoped that the chairman of the
committee would be satisfied with the recommendation and
estimate of Professor Baird. He gives a very good reason
why he wants an increase of the appropriation, and when.
a man like Professor Baird tells us why he wants this, in
order to enable the institution to exhibit the geological
collection which they have received, and to make out dupli-
cate specimens of them, I do not see how we can well refuse
such a request.

The amendment was agreed to.

March 1, 1873.—Mr. Antuony reported from the Com-
mittee on Printing the following resolution, which was
agreed to:

Resolved, §c., That 12,500 additional copies of the report of the Smithso-
nian Institution for the year 1872 be printed, 2,500 copies of which shall be
for the use of the Senate, 5,000 for the use of the House, and 5,000 for the
use of the institution: Provided, That the aggregate number of pages of
said report shall not exceed 450, and that there shall be no illustrations except
those furnished by the Smithsonian Institution.

Hovuss oF REPRESENTATIVES, March 14, 1871.

Senate bill, of March 13, 1871, was taken up, on motion
of Mr. Poland, and passed. .

April 10, 1871.—Mr. Potanp submitted a concurrent
resolution for printing reports of the Smithsonian Insti-
tution.

April 18, 1871.—Mr. Exuis H. Roserts, from the Com-
mittee on Printing, reported the following resolution ; which

was adopted :

Resolved, By the House of Representatives, (the Senate concurring,) that
12,500 additional copies of the report of the Smithsonian Institution, for
the year 1870, be printed ; 2,500 for the use of the Senate, 5,000 for the use
of the House, and 5,000 for the use of the Smithsonian Institution: Pro-
vided, That the aggregate number of pages of said report shall not exceed
450; and that there shall be no illustrations, except those furnished by the
Smithsonian Institution.

April 3, 1872.—Mr. Potanp introduced concurrent reso-
lution for printing 2,000 extra copies of each of the reports
of the Smithsonian Institution for such volumes as the

stereotype plates are in the Congressional Printing Office.

726 CONGRESSIONAL PROCEEDINGS.

April 26, 1872.—Annual report for 1871 laid before the
House.

Mr. Pouanp offered a resolution to print 20,000 extra
copies of the report.

May 10, 1872.—Mr. Prics, from the Committee on Print-
iug, reported back the concurrent resolution of the Senate
to print 12,500 additional copies of the report of the Smith-
sonian Institution, for 1871.

Mr. GarFieLp. I hope there will be an increase of the
number of these reports to be printed. I move that the
several numbers be doubled.

Mr. Ranpatu. I think 5,000 copies will be enough for.
the institution.

Mr. GarrreLp. Well, I will move to double the number
for each House of Congress, but not for the Smithsonian
Institution.

The amendment was agreed to, and the resolution
adopted.

May 23, 1872.—Mr. PENDLETON, from the Committee on
Printing, offered the following concurrent resolution; which
was adopted :

Resolved, §c., That 2,000 copies of each of the reports of the Smithsonian
Institution of which the stereotype plates are now in the Congressional
Printing Office be printed for distribution by the Smithsonian Institution
to libraries, colleges, and public establishments.

June 8, 1872.—Mr. Price reported back from the com-
mittee the Senate resolution for printing 12,000 extra copies
of the report of the Smithsonian Institution, for 1871. The
House amended the resolution by making the number 20,000,
but the Senate refused to concur in that amendment. The
Committee on Printing recommended that the House recede
from its amendment.

Mr. Potanp. I hope the House will not recede.

The Speaker. If there is to be a debate, the Chair can-
not entertain the proposition. The House is acting under
an order made under suspension of the rules to consider
business on the Speaker’s table.

Mr. Beatty. I think the gentleman from Vermont [Mr.
Poland] had better agree to the proposition to recede.

Mr. Potanp. No, sir; I have very good reasons for be-
lieving that the Senate will concur in our amendment if we
insist upon it.

June 8, 1872.—By act of Congress it was provided that
all publications sent or received by the Smithsonian Insti-
tution, marked on each package ‘“‘ Smithsonian Exchange,”
should pass free in the mail.

FORTY-THIRD CONGRESS, 1873-75. 27

December 20, 1872.—Mr. Potanp offered a resolution to
have 20,000 extra copies of the report for 1871 printed.

January 31, 1873.—Senate resolution that 20,000 copies
of the report of the Smithsonian Institution for 1871 be
printed ; agreed to. 2

February 21, 1873.—Mr. Powanp offered a resolution to
have 20,000 extra copies printed of the report of the Smith-
sonian Institution for 1872. :

March 8, 1873.—Mr. Prics, from the Committee on Print-
ing, reported concurrence in the resolution of the Senate
to print 12,500 extra copies of the report of the Smithso-
nian Institution for 1872; which was agreed to.

FORTY-THIRD CONGRESS.

SENATE, January 5, 1874.

Mr. STEVENSON introduced a resolution providing that the
vacancies in the Board of Regents of the Smithsonian In-
stitution of the class other than members of Congress be
filled by the appointment of Asa Gray, J. D. Dana, A. T.
Stewart, and that John Maclean and Peter Parker be reap-
pointed.

Mr. Stevenson. The appointments have been agreed
upon by the Board of Regents of the Smithsonian Institu-
tion and they are to supply all vacancies in that board.

The PresipENt pro tempore. Is there objection to the
present consideration of the joint resolution ?

Mr. Sumner. I ask if that is the report of a committee,
or a simple resolution ?

‘The PresipENt pro tempore. It is a joint resolution intro-
duced by the Senator from Kentucky.

Mr. Sumner. I suggest that it should be considered by
a committee. I honor all the gentlemen named in the res-
olution; still I think it has been customary to consider such
resolutions in committee.

Mr. Stevenson. Ihave no objection to its reference to
a committee.

Mr. Suerman. I think the resolution ought to be re-
ferred to the Committee on the Library, which has general
charge of the Smithsonian Institution.

The PresipEnt pro tempore. Does the Senator make that
motion ?

Mr. SHerRMAN. Yes, sir.

The motion was agreed to.

728 CONGRESSIONAL PROCEEDINGS.

January 12, 1874.—Mr. Howe, from the Committee on
the Library, to whom was referred the above resolution,
asked to be discharged from its further consideration, and
that it be indefinitely postponed; which was agreed to.

The same committee, to whom was referred the joint res-
olution frofn the House filling existing vacancies in the Board
of Regents of the Smithsonian Institution, have had the same
under consideration, and have instructed me to report it back
without amendment, and with the recommendation that it
pass; which was ordered to lie over.

January 13, 1874.—Mr. Stevenson moved to take up the
joint resolution from the House providing for the appoint-
mentand reappointment of Regents of the Smithsonian In-
stitution, which yesterday was ordered to lhe over; and it
was read a third time and passed.

The PRESIDENT pro tempore appointed Mr. A. A. Sargent,
of California, a regent of the institution.

February 13, 1874.—Annual report for 1873 laid before
the Senate.

Mr. Hamuin offered the following:

Resolved, (the House of Representatives concurring,) That twelve thousand
five hundred additional copies of the report of the Smithsonian Institution,
for the year 1878, be printed; twenty-five hundred of which shall be for
the use of the Senate, five thousand for the use of the House, and five
thousand for the use of the institution: Provided, That the aggregate
number of pages of said report shall not exceed four hundred and fifty, and
that there shall be no illustrations except those furnished by the Smith-
sonian Institution.

February 20, 1874.—Mr. Antuony. The Committee on
Printing, to whom was referred a resolution to print extra
copies of the report of the Smithsonian Institution, have
directed me to report it back with amendments, and to ask
tor its present consideration.

The Committee on Printing proposed to amend the reso-
lution, so as to make it read:

Resolved, (the House of Representatives concurring,) That seven thousand
five hundred additional copies of the report of the Smithsonian Institution,
for the year 18738, be printed; five hundred of which shall be for the use
of the Senate, one thousand for the use of the House, and six thousand for
the use of the institution.

Mr. AntHony. The customary publication of this docu-
ment has been twelve thousand copies; five thousand for
the use of the Smithsonian Institution, twenty-five hundred
for the use of the Senate, and five thousand for the use of
the House of Representatives. We now have reported to
increase the number to the institution from five thousand
to six thousand, to reduce the number for the Senate from

FORTY-THIRD CONGRESS, 1873-75. 729

twenty-five hundred to five hundred, and to reduce the num-
ber for the House from five thousand to one thousand. If the
number for Congress is reduced so much, the institution will re-
quire a little more—so the Regents think. This, I believe, is
the first resolution that the Committee on Printing have re-
ported at this session for printing any additional documents.
The number is exceedingly small, and it is the intention of
those who are best acquainted with the institution, especially
of those who have been charged on the part of Congress with
participation in its management, that there should be some
extra copies, and in deference to them we have made the
recommendation.

Mr. Moreit1, of Maine. I should like to inquire of the
Senator from Rhode Island whether he is aware of the fact
that Congress, in the early part of the session, passed a
resolution suspending the publication of documents, and
whether this is in harmony with the expression of Congress?

Mr. Antuony. That has not passed the House.

Mr. Morritu, of Maine. It passed the Senate.

Mr. Antuony. If the Senator asks my judgment, I think
this is not in conformity with that.

Mr. Morritt, of Maine. I should think that until the
Senate reconsider that proposition we ought to adhere to
it. Yesterday some proposition came from the Committee
on Printing of a similar kind.

Mr. AnTtHony. What one?

Mr. MorriLu, of Maine. Recommending the publication
of some document.

Mr. AntHony. That was for the use of the proper De-
partment, not for the use of Congress. It was only five
hundred copies of a medical report that was thought to be
valuable for scientific purposes, and they are to be distrib-
uted entirely by the Department.

Mr. Morrii1, of Maine. I think we ought not to go
into retail in printing when in wholesale we have resolved
not to print; and I do think it is wise to adhere to the reso-
lution that we passed, at least until some full understanding
as to the publication and distribution of documents is had.

Mr. AntHony. I do not think we are bound by a propo-
sition that has only passed one House of Congress; but I
am not a lawyer, and I will leave that to the Senator from
Maine.

Mr. Morritu, of Maine. I think we should have a little
respect for our own action, whether the House chooses to
concur or not.

Mr. Hamuin. I wish to state a fact. I may say in behalf

730 CONGRESSIONAL PROCEEDINGS.

of the Smithsonian Institution that I think this is entirely
distinct from the documents which we publish sent to us
from the departments, or which emanate from our commit-
tees. This is purely a scientific work. It is the annual
report of the Smithsonian Institution, made in pursuance
of law to this body. To myself it may seem of very much
less value than to many others; but I think no man can
ever examine a single report of that institution witbout
being impressed with its great value. These reports are
for the general reader perhaps of little use, being somewhat
technical and scientific; but yet they are of immense value
to the world, and they are transmitted all over the world,
and we receive back in exchange the scientific reports of
different societies and different governments. I think this
stands entirely distinct from the documents ordinarily
printed by Congress; and I do not think the law or reso-
Jution to which my colleague refers ought to apply to this
report, if it does technically ; and if it does, this has got to
pass the ordeal of the House, and it must be by a concur-
rent vote, which will express their opinion that this stands
distinct from other matters, as well as ourown. [hope the
resolution will be concurred in,

Mr. Morritt, of Maine. Only one word. Early in this
session we determined to arrest the publication of public
documents, and I think properly. I am not going to say |
whether it 1s true or not, for on that [have my own opin-
ions, and they may not be in harmony with the public sense
on that subject—but one thing is clear, that from one con-
sideration or another, within the last few years, a very gen-
eral impression or sentiment or conviction has come to
obtain in the public mind that the publication of documents
by the Congress of the United States had become a very
great abuse. It took a variety of forms. It was an abuse
under the franking privilege, which overloaded the mails.
It was an expense in many ways, and it was a corruption in
itself. That is a deep seated and thorough conviction in
the public mind, right or wrong, and I think the Senate of
the United States was wise when at the beginning of this
session it said it would pause in the publication and distribu-
tion of documents, for the present at least, until some wise
determination could be come at.

Now, it may be that the views of my colleague render
this an exceptional case; and it is a proper thing, possibly,
to publish the reports of the Smithsonian Institution, being
of a scientific character, so far as relates to itself; but this
resolution provides for their publication for distribution,

FORTY-THIRD CONGRESS, 1873-75. (ou

and certainly it ought not to apply to that. We do not
want these reports for distribution. We have no means of
distributing them. At any rate, to that extent I submit to
my colleague that this is certainly within the inhibition of
the resolution of the Senate. If there is no special objec-
tion, therefore, I should like to have this resobution le over
until to-morrow.

Mr. Fretincuuysen. I[ wish to say a word on this sub-
ject.

Mr. Morritt, of Maine. I withdraw the motion, to allow
the Senator to do so.

Mr. Fretincuuysen. I have only a word tosay. I shall
vote for the resolution to print this report; and I will vote
for any resolution to print the proceedings of Congress. I
think this idea of isolating the Congress of the United States
from the people is a very foolish one. As to economy, I
think it is an illustration of that wise saying that ‘‘ there is
that withholdeth more than is meet, but it tendeth to pov-
erty.” The people of my State write to me every day tor
copies of the Agricultural Report, which contains most
valuable information to the farmers of the country, and
they cannot be obtained. . The books are ready to be printed,
but their printing is stopped; and we are keeping the pro-
ceedings of Congress here as # close corporation from the
people. I introduced a bill providing that these public
documents should be circulated ; the postage in no event to
be more than twenty-five cents a volume, and not requiring
prepayment, and authorizing the documents to be sold if
they were not called for within ten days. That bill has not
been reported from the Committee on Post Offices and Post
Roads,

Mr. Ramsey. I will say to the Senator that the commit-
tee have it under consideration.

Mr. Fretineuuysen. I hope Congress will adopt some
measure by which that which transpires here may be circu-
lated and disseminated among the people. At a large ex-
pense we print every day a record of the proceedings of
Congress. What good does it do? The people do not
get it. No provision is made for its circulation.

Now, as to the idea that the people are opposed to this, [
was very much struck by a remark which was made—I do
not know but that it was in one of the articles which were
read here yesterday—that a million of people might petition
Congress, but we must remember there are thirty-nine mil-
lions that are not heard from. TI believe the people want in-
formation as to what transpires here, and itis their right to

Moa CONGRESSIONAL PROCEEDINGS.

have it, and it is our duty to give them the opportunity to
know what we do.

Mr. Antuony. I believe when this report was presented
the usual number was ordered to be printed. If not, I will
make that motion. That number ought to printed at any
rate.

The PRESIDENT pro tempore. It was ordered. The Chair
understands objection to be made to the further considera-
tion of the resolution.

Mr. Morritu, of Maine. Yes, sir.

The PreEsIDENT pro tempore. The resolution will lie over.

February 27, 1874.—Mr. Hamuin. I move to take up the
resolution for the printing of the Smithsonian report. I
think it will detain the Senate but a moment. It was up
the other morning.

The motion was agreed to.

Mr. Hamury. My colleague interposed some objection
to the resolution because there were five hundred copies
provided for in it for the Senate, and a thousand for the
House. I have conferred with my colleague, and I have
also conferred with the Senator who reported the resolution,
and with their concurrence I move now to strike out the
whole number appropriated to both the Senate and House.
That will be my first motion. I shall follow that with
another motion to increase the number to the Smithsonian
Institution by fifteen hundred, which is just the number
stricken out. That takes away entirely the objection to
printing any copies for our own distribution. I transfer
that number to the institution for this reason: I take it
every Senator, like myself, has supplied the principal libra-
ries of the State for years with this work. They will want
it, and they will cease to call upon us, but they will call
upon the institution for it, and that number which was pro-
posed for the Senate and for the House will be transferred
there, and there they will find them.

I want to say also, in this connection, that by an exchange
of this very work with foreign societies and foreign govern-
ments, we add to our congressional library works of value,
amounting to between two and three thousand volumes
annually. :

The PRESIDENT pro tempore. The resolution will be read
as proposed to be amended. ,

The Cuter Cuerx. If amended as proposed by the Sen-
ator from Maine, the resolution will read :

Resolved, (the House of Representatives concurring,) That seven thousand
five hundred additional-copies of the report of the Smithsonian Institution,

FORTY-THIRD CONGRESS, 1873-75. 733

for the year 1873, be printed for the use of the institution: Provided, That
the argregate number of pages of said report shall not exceed four hundred
and fifty, and that there shall be no illustrations except those furnished by
the Smithsonian Institution.

The amendment was agreed to.

The resolution, as amended, was agreed to.

December 10, 1874.—Mr. Hamuin offered the following
joint resolution, which was adopted:

Resolved, §c., That the existing vacancy in the Board of Regents of the
Smithsonian Institution, of the class other than members of Congress, shall
be filled by the appointment of George Bancroft, of the city of Washing-
ton, in place of William T. Sherman, resigned.

Mr. Hamurn. Iwill say only that there is an existing
vacancy, as stated in that resolution, occasioned by the
resignation of General Sherman, who has moved from this
city. The law requires that that regent shall be from the
city. Mr. Bancroft, the eminent historian, has come here
to reside. All three of the Board of Regents on the part
of this body think it is eminently fitting that he should be
designated by Congress to fill that existing vacancy.

December 14, 1874.—On motion of Mr. Saraent, the House
resolution of May 15, 1874, ordering 10,500 extras of the
report of the institution for 1873, was taken up and adopted.

February 27, 1875.—Mr. Awntuony, from the Committee
on Printing, reported back the following resolution, which
was concurred in:

Resolved, (by the House of Representatives, the Senate concurring,) That
10,500 copies of the report of the Smithsonian Institution, for the year
1874, be printed ; 2,000 of which shall be for the use of the House of Rep-
resentatives, 1,000 for the use of the Senate,‘and 7,500 for the use of the
institution: Provided, That the aggregate number of pages of said report
shall not exceed 450, and that there shall be no illustrations, except those
furnished by the Smithsonian Institution.

March 2, 1875.—The Viczr-PresipEnt laid before the
Senate a bill extending the privilege of the library of Con-
gress to the Regents of the Smithsonian Institution; which
was read, and passed.

The following is the bill:

Be it enacted, §c., That the Joint Committee of both Houses of Congress
on the Library, be authorized to extend the use of the books in the library
of Congress to the Regents of the Smithsonian Institution, resident in
Washington, on the same conditions and restrictions as members of Con-
gress are allowed to use the library.

House or Representatives, December 18, 1873.

The Speaker appointed Mr. E. R. Hoar, of Massachusetts,
Mr. 8. S. Cox, of New York, and Mr. G. W. Hazelton, of
Wisconsin, Regents of the Smithsonian Institution.

734 CONGRESSIONAL PROCEEDINGS.

December 19, 1873.—Mr. Kettoae. I ask unanimous con-
sent to submit the following resolution :
Resolved, §c., That Professor James D. Dana be, and hereby is, appointed
as one of the Board of Regents of the Smithsonian Institution of the class
other than members of Congress, in place of Theodore D. Woolsey, of Con-

necticut, who declines to be 1 reappointed.
Mr. Kettoae. I trust there will be no objection to the
adoption of the resolution.

Mr. GarFIELD. I suggest that it be referred to the Board
of Regents.

Mr. Ketioee. If there be any objection, I will not press
the resolution.

Mr. GARFIELD. Ido not suppose there is any objection,
but I only suggest that it is the usual course.

Mr. Krxnoce. If the usual course is as stated by the gen-
tleman from Ohio I do not object.

Mr. GarFietD. There is another vacancy to be filled,
occasioned by the death of Professor Agassiz.

Mr. Ke.ioae. I do not suppose there would be the least
objection, Professor Dana being so well known; but if that
is the usual course, I do not object.

Mr. Butter. I suggest that the resolution be referred
to the Committee on Education and Labor.

Mr. Krtioac. I move that it be referred to the Com-
mittee on Education and Labor.

January 5, 1874.—Mr. GARFIELD introduced a joint reso-
lution providing that the vacancies in the Board of Regents
of the Smithsonian Institution of the class other than mem-
bers of Congress be filled by the appointment of Asa Gray,
J.D. Dana, A. T. Stewart, and the reappointment of John
Maclean and Peter Parker; which was referred to the Com-
mittee on Education and Labor.

January 6, 1874.—Mr. Maynarp offered a joint resolution
in relation to the appointment of Regents of the Smithsonian
Institution, which was referred to the Committee on Edu-
cation and Labor.

January 7, 1874.—Mr. Suerwoop introduced joint resolu-
tion for the appointment of Professor Leo Lesquereux, of
Columbus, Ohio, one of the Regents of the Smithsonian
Institution ; : which was referred to the Committee on Edu-

sation and Labor.

Mr. Monroz. The Committee on Education and Labor
have had under consideration sundry resolutions in regard
to filling vacancies in the Board of Regents of the Smith-
sonian Institution. Some other gentlemen had asked for

.
|
{
.
.

FORTY-THIRD CONGRESS, 1873-75. 739

an opportunity to suggest names; but there seemed to be
reasons for prompt action upon the subject, and the com-
mittee, therefore, instructed me to report at once a joint
resolution naming certain gentlemen to fill these vacancies.

The resolution now reported by the committee is identical
with that which was introduced by the gentleman from Ohio,
{Mr. Gartield,] one of the regents of the institution, with
the exception that in a single name we propose a change
which, it is thought, w ould perhaps, on the whole, more
fairly distribute the appointments and meet better certain
interests which were deemed by the committee to be of
great importance. The highest esteem and respect were
felt by the committee for all the gentlemen whose names
have been suggested: but, on the whole, the arrangement
proposed in the resolution which I now report seemed to
the committee to be the best they could make.

The joint resolution provides that the existing vacancies in
the Roard of Regents of the Smithsonian Institution, of the
class other than members of Congress, shall be filled by the
appointment of Asa Gray, of Massachusetts, in place of
Louis Agassiz, deceased; J. D. Dana, of Connecticut, in
place of Theodore D. Woolsey; Henry Coppée, in place of
W. B. Astor; and John Maclean and Peter Parker, whose
terms have expired, are to be reappointed.

Mr. Maynarp. Will the gentleman allow me to occupy
one moment? I introduced aay and had referred to
this committee a resolution in accordance with an idea I
entertained, but had had no occasion to express specially,
that the Smithsonian Institution, founded and endowed by
the munificence of a British subject “ to increase and diffuse
knowledge among men,” should be made, so far as possible,
national in its character. Now, in looking at the list of
regents, I find that while they are all most excellent and
eminent men, (and I hope the day is far distant when any
section of our country will not have eminent and distin-
guished men enough to more than furnish the list of regents,)
the appointments are at present limited geographically.

I suggest to the chairman of the Committee on Education
and Labor whether, as a matter of wise policy, it would not
be well to emphasize the national character of the institu-
tion by extending geographically the citizenship of the gen-
tlemen constituting the Board of Regents. With this view
I have proposed, in the joint resolution introduced by me yes-
terday, that one member of the board shall be a distinguished
and eminent citizen of my own State. I refer to Rev. Dr.
Thomas W. Humes, president of the University of East

736 CONGRESSIONAL PROCEEDINGS.

Tennessee, a citizen by birth and continued residence in that
State, anda gentleman of great attainments and high per-
sonal character; not that he is more distinguished, more
worthy, or in any respect superior to the gentlemen who
have been named. I make no such claim. But this gen-
tleman, if appointed, will be the representative of a large
region of our country, the great Southwest, (embracing
also a portion of the South and of the West,) whose scientific
possibilities are very great—whose scientific resources, if I
may use that expression, have been hitherto very largely
unconsidered and undeveloped. It has seemed to me wise
to include in the Board of Regents a representative from
that very large portion of our common country.

I do not wish it to be understood that I would not accept
as readily any other distinguished name that might be sug-
gested that would represent the same general region of
country ; ; but I certainly think it would give greater effect
and importance to the labors of that institution to have its
regency distributed more generally throughout the country.
Iam reminded by gentlemen sitting near me that there is
no one on that board from either the South or the West.

I bring this subject generally before the House; I move
to substitute the name of Thomas W. Humes, a citizen of
Tennessee, for that of Henry Coppée, of Pennsylvania.

Mr. G. F. Hoar. Mr. Speaker, it may possibly interest
the House if I occupy a few minutes in stating the purpose
of the Smithsonian Institution; for in view of that purpose
T am sure the gentleman from Tennessee [Mr. Maynard]
himself will commend the wisdom of the recommendations
we make. The Smithsonian Institution has for its Board
of Regents three persons appointed from the members of
this House, three persons appointed from the Senate, the
President of the United States, the Chief Justice of the
United States, and certain other officers of the Government
are regents ez officio. These oflicers give the regency of the
institution its national character. The whole nation of course
has its voice in their selection. There are six other regents
who are specially appointed by joint resolution of Congress,
and it is to fill vacancies in this number that this resolution
is designed.

The purpose of the Smithsonian Institution is the “ ad-
vancement of knowledge among men;” and after very full
and thorough debate at. ; the time of its origin, the authorities
of that day “determined that it was best to devote the fund
at their disposal, not to the mere dissemination of knowledge
as is done by the publication and distribution of books, nor

FORTY-THIRD CONGRESS, 1873-75. 737

to mere educational purposes as would be done by the endow-
ment and support of institutions for instruction, but that the
fund should be applied to promoting and publishing the
results of such original investigations as may tend to advance
and increase the pure scientific knowledge of mankind. To
this end a fund of about $700,000, part of which is invested
in buildings, leaving an income-bearing fund of about
$500,000, is within the control of the institution.

The income of that fund is appropriated in this way:
Suppose, for instance, an eminent mathematician says that
he desires to have made a computation in connection with
certain investigations to determine the cause of the pertur-
bation of a planet, such as those of Leverrier which led to
the discovery of the planet Neptune. If those investiga-
tions require a large amount of mathematical computation
which may almost be termed mechanical, this would involve
a good deal of expense to him. Suppose the Smithsonian
Institution decides that the result of such investigation will
advance scientific knowledge, it will advance asum of money
to pay for such computations, if it does not pay anything to
the scientific man himself as compensation, or for support.
So if a scientific man wishes to make a certain inquiry into
the laws of optics or of electricity, and if the Smithsonian
Institution is satisfied of the capacity of the person and of
the usefulness of the results likely to be obtained, it appro-
priates such sum of money as may be necessary to obtain
the requisite apparatus, and lets him have the use of it; and
then, if the result of that investigation is found to be of
value to seience, it appropriates the money for its publication.

Now everybody knows the familiar instance when Morse
invented his alphabet for recording telegraphy. The knowl-
edge of the laws of magnetism, which made that magnificent
invention serviceable to mankind, which has rendered the
name of American science illustrious, came from the pre-
vious researches and investigations of Professor Henry, who
brought from the vast treasure-house of science that knowl-
edge of the laws of nature which the invention of Morse
made useful for the practical benefit of mankind. Now, in
order to determine what papers are proper to be published,
or what kind of investigations, among the large number
that are offered to the Smithsonian Institution, will be use-
ful for the advancement of science, you should have among
the members of that board persons who are authority in
particular departments of science. They are not selected
as a public honor to the persons themselves; they are not
selected for the purpose of recognizing the claims of or of

738 CONGRESSIONAL PROCEEDINGS.

stimulating interest in the institution in different portions
of the country ; ; but men are selected whom Professor Henry
and his associates in that institution deem competent to
decide in regard to the particular scientific investigations
which it may be desired to make. For instance, my dis-
tinguished friend from Tennessee [Mr. Maynard] proposed
the name of Professor Snell, of Amherst College, in place
of the late Professor Agassiz. Professor Snell, of ‘Amherst
College, is one of the most eminent scholars of my State;
a pure, earnest, modest devotee of learning, who has made
a thousand contributions to science, from which he has re-
ceived no benefit. But Professor Snell’s life has been de-
voted to the investigation of optics, magnetism, and certain
branches of natural science, which are also the special pur-
suits of Professor Henry, the secretary and director of the
institution; and it is not important, therefore, to add at this
moment to the force of the Smithsonian Institution another
gentleman who will be an authority on matters of optics,
magnetism, galvanism, &c. But one thing on which Pro-
fessor Agassiz, just deceased, was the great authority in this
country and the world, was natural history, including the
growth of animals, the origin of species, the growth of
plants, of trees, &c., and this is a matter in regard to which
the science of the world is especially busying itself at the
present time, and of a knowledge of which the practical
need of this country is the greatest.

The prairie lands of the Northwest, which lie between
the dense settlements of the Atlantic and the Pacific, are
in need of the scientific information—as my friend [Mr.
Kelley] who does me the honor to listen to me, knows very
well—which may cover those lands with forests, with shade-
trees, with vegetation. Professor Gray is, perhaps, the
greatest authority in the world on that special matter. Now,
how idle, how unwise, it would be for the members of this
House to say that, because Colorado or Wyoming are to be
represented on the Board of Regents of the Smithsonian
Institution, they may appoint some man from those Terri-
tories rather than appoint Professor Gray, the greatest au-
thority on this question. He happened to reside at Cam-
bridge in his youth and in the time of his early studies.
The libraries and scientific apparatus which were necessary
for the prosecution of his studies in that department of
science were there. Soin the case of Professor Dana. I
suppose any California gentleman on this floor will agree
that no man has been so great a benefactor to the develop-
ment of the mineral resources of the State of California as

FORTY-THIRD CONGRESS, 1873-75. 139

Professors Dana and Whitney. (Professor Whitney, indeed,
has resided in Calitornia of late years.) Professor Dana is
a great authority on matters of mines and minerals, and his
lite has been where a library and apparatus, making the
prosecution of his labors pleasant and profitable, existed.

Now the name of Alexander T. Stewart, a distinguished
financier, has been recommended in the place of another
man of wealth and a business man in the State of New
York, (Mr. Astor,) and the committee would have been de-
lighted to adopt that recommendation; but we were in-
formed by a gentleman on the committee, from the State of
New York, that the state of Mr. Stewart’s health is such
that it would not be certain he would be able to give his
personal attention to the business of the Board of Regents.
Therefore, because it was not a matter of personal honor,
but because it was a matter of supplying the wants of this
institution, we recommend in his stead the name of an emi-
nent man of science in the State of Pennsylvania, formerly
the head of a university in that State, who adds to the repu-
tation and capacity of a scientific man great financial ability,
as exhibited in the management of his institution.

Mr. Woop. Will the gentleman from Massachusetts, be-
fore he sits down, please tell me whether Mr. Astor retires
at his own request ?

Mr: G:F. Hoar.) Yes, sir:

Mr. Woop. I am sorry for it, for he is one of the best
belles-lettres scholars in the country. Iwill say, further, that
I cannot see what practical service these gentlemen render
when they come here once a year for a day or two.

Mr. G. F. Hoar. Iam glad the gentleman has made that
suggestion. Suppose the gentleman from New York goes
to Professor Henry with a paper composed by himself or
some friend, or asking an investigation involving the use of
apparatus or other expenditure from the funds of the insti-
tution; Professor Henry refers that paper or that request
for an examination to one of these scientific gentlemen; he
sends it to him at his home, and he spends perhaps days or
weeks in determining whether the paper is one proper to
be published at the expense of the Smithsonian Institute,
or whether the investigation is one fit to be pursued. This
meeting once or twice a year in Washington is but a trifle
to the labor which these five or six scientific gentlemen per-
form in the course of the year. There is residing in my own
city a gentleman, the librarian of the Antiquarian Society
there, who prepared by the labor of years a very interesting
and important paper upon the origin of races in this country—

740 CONGRESSIONAL PROCEEDINGS.

the aboriginal settlers of the country. That paper was pub-
lished at the expense of the Smithsonian Institute; and
now letters come from all parts of Europe testifying to the
appreciation of the scientific world of that paper published
by the Smithsonian Institute. Now, the man who is to
pronounce upon the character of a publication, or upon the
propriety of an examination, should be the best authority
upon that special question in the country.

Mr. Maynarp. I desire, in the first place, to make a.
verbal correction. My friend from Massachusetts has fallen

into a common error in speaking of this establishment as:

the “Smithsonian Institute.” James Smithson, who founded
it, called it the ‘‘ Smithsonian Institution.”

Mr. G. F. Hoar. I am much obliged to the gentleman
for that correction; and now will the gentleman be kind
enough to state to the House, with regard to the gentleman
whose name he proposes, what special branch of science he
has devoted himself to? I am not myself as familiar with
his labors as perhaps I ought to be.

Mr. Maynarp. [listened to the gentleman from Massa-
chusetts with great pleasure and instruction, as I always do.
We can best ascertain the character of the regency of the
Smithsonian Institution by giving the names and residences
of those who recently constitutedit. Theyare, Louis Agassiz,
a citizen of Massachusetts; Theodore D. Woolsey, a citizen
of Connecticut; William B. Astor, a citizen of New York;
Peter Parker and William T. Sherman, citizens of Wash-
ington; and John Maclean, a citizen of New Jersey. All
of these gentlemen, it will be seen, come within the category
of the gentleman from Massachusetts; but the time has not
yet come, and I trust it never may come, when the scientific
talent of the country will be confined within a limited area.

The gentlemen proposed are all distinguished, and I did
not predicate my motion upon any unfitness, suggested or
implied, or intended to be understood, in reference to the
superior fitness of any one of them. I suggested what
seemed to me to be a better and wiser administration of this
great public trust—a trust committed to us in the presence
of the civilized world, and for the wise administration of
which we stand conspicuously responsible. My suggestion is
that we should select the regency from different portions of
the land, so as to represent the vast geography of the whole
country. The gentleman from Massachusetts asks me what
have been the distinguishing studies and the character of
the intellectual labors of the eminent gentleman whose name
Ihave ventured to mention—a divine of eminence in the

FORTY-THIRD CONGRESS, 1873-75. 741

Protestant Episcopal Church, and at the head of the leading
university of my State, if not of the great Southwest. He
is eminent for his high literary and scientific attainments,
and has been a scholar all his life; and his head, like mine
and that of my friend, begins to bleach from the effect of
years. Many gentlemen on this floor are acquainted with
him personally or by character, and there will be no contro-
versy, I am sure, about his fitness for this duty. But I have
placed the discussion upon higher ground. The question
is, Whether it is not a wiser, better, more politic arrange-
ment, other things equal, to distribute these offices a little
more, rather than to concentrate the whole regency within
a few States upon the Atlantic coast. With these remarks
I leave the question.

Mr. Monrog. Mr. Speaker, I desire to say a word in
regard to what has been said of the action of the committee
on this subject. It isa matter of great delicacy to discuss
this question here in the House to any great extent, and to
discuss the multitude of names that would at once be offered
here if the.question of the claims of the several States were
to be fully examined on this floor; for their claims are all
very excellent and very valid. I am not without some sym-
pathy with the local feeling expressed by the gentleman from
‘Tennessee, [Mr. Maynard.] As a member of the committee
IT represent Ohio. Now, Ohio is a State also; there is some
fand in Ohio; it is quite a piece of territory, and I could
not help thinking of a large number of accomplished gen-
tlemen and dear friends of mine in that State, some of whom
1 would be very glad to have named for these places, and
men whom I know would have filled them with credit to
themselves and with high usefulness to the objects of the
institution. But I saw at once that this was just one of those
questions in which we must give up local preferences. In
discussing a question of science, of all others, [ imagine on
the whole a man will be most useful who can be most capa-
ble, and who can yield most readily to local preference be-
longing to his own district. I recognized the necessity for
that; and, although I had no doubt I had even in my own
congressional district, where there are four colleges of a very
high order, the very best men in the world to fill these vacan-
cies, I thought it quite right to make the great sacrifice of
yielding up this question of the local claims of my congres-
sional district.

What is there of locality about these great names in
science? Who cares anything about where their domicile
is? Howinferior any question of that sort is in comparison

742 CONGRESSIONAL PROCEEDINGS.

with the high commission upon which God has sent chee
into this world and the grand work they are accomplishing!
Will anybody who hears me tell me that Professor Dana, of
New Haven, is not a man in whom my own locality will be
interested? Tle belongs to my locality; he belongs to my
vicinage; he is my neighbor; he is one of the nearest and
best of my neighbors ; ‘he is by intellect among the men in
whom my neighborhood has the deepest interest; he belongs
to my ne eighborhood; and so do Professor Gray and Professor
Agassiz. They have, by the services they have rendered and
are rendering to science, secured the interest not only of
New England, New York, but the interest of the whole
world. And there is no better principle, Mr. Speaker, upon
which to select these men than to search diligently for the
best and put them in these places. We, therefore, thought
it best upon the whole to make this report and secure its
adoption by the House if we could.

Mr. Cox. Iask the gentleman from Ohio to yield to me
for a moment.

Mr. Monroz. I was going to demand the previous ques-
tion on this matter, but I will yield to the gentleman trom
New York. I recognize his right to be heard.

Mr. Cox. LIwould not intrude my voice on the House

ou this question but for the fact that for some dozen of years
I have been more or less associated with this Smithsonian
regency; and I would say to the House we have never had
any special need for men of financial ability, at least since
I have been a regent of the Smithsonian Institution. Our
affairs have been conducted with economy. There has been
no surplus which has not been used in a proper way, and
there has been no deficiency. I supposed the Board of
Regents had sent in the name of Mr. Stewart in place of
Mr. Astor after some consultation with him, but I learn this
committee has withdrawn the name of Mr. Stewart on the
simple suggestion that his health is not good.

I propose to amend the amendment offered by the gentle-
man from Tennessee so as to replace the name of Mr. Alex-
ander T. Stewart, of New York; and I do it for this reason:
There is no special need or requirement for the presence of
these regents at Washington except once or twice a year.
There is no special need for any culture in any particular
line of science, on the part of some of the regents at least,
for we are supplied with men of that quality in the presi-
dents and professors of colleges who are now there. But E
will say, Mr. Speaker, on behalf of Mr. Stewart, who is
perhaps entirely ignorant of these proceedings, that he adds

FORTY-THIRD CONGRESS, 1873-75. * 743

to his great wealth, his wonderful mercantile ability, and
his skill in finance, rare education and great refinement of
culture. He would give strength, solidity, firmness, to this
institution. I think the original idea should be carried out,
and his name replaced. Then we would avoid all these dis-
cussions as to particular localities which have been raised
by the gentleman from Tennessee [Mr. Maynard] in the
suggestion of a man from that State. I therefore move to
amend the amendment of the gentleman from Tennessee by
inserting the name of Alexander T. Stewart.

Mr. Monroe. I now yield five minutes to the gentleman
from Pennsylvania, [Mr. Storm,] a member of the com-
mittee, after which I propose to call the previous question.

Mr. Storm. I hope that the resolution, as modified by
the Committee on Education and Labor, will be adopted.
That committee carefully considered the resolution referred
to, and came to the conclusion which they have reported.
The name of Mr. Stewart was before that committee, to-
gether with several other names. After full discussion and
interchange of views by the members of the committee they
came to this conclusion, and I trust the action of the com-
mittee will be approved by this House at this time.

If we follow the course indicated by the gentleman from
Tennessee [Mr. Maynard] and the gentleman from New
York [Mr. Cox] I have no doubt that every gentleman upon
this floor has some particular friend whom he would desire
to honor by suggesting his name for this position. The com-
mittee have looked solely to the qualifications, scientific and
literary, of the persons whose names have been suggested.
If the gentleman can give one reason or state one single
particular wherein Mr. Stewart is superior to Professor
Coppée, I will yield to him. Mr. Stewart is a merchant, of
large business, engrossed and absorbed in mercantile pur-
suits. I dare say he would be entirely unable to pay any
attention at all to any question that might be referred to
him should he be appointed to this place.

Professor Coppée, as a scientific and literary man, is abreast
with the age upon all questions of science, and is largely
interested in metallurgy, civil engineering, and mining,
questions which are now pressing themselves upon the atten-
tion of our colleges and schools, and the study of which is
replacing the old study of the dead languages. He has given
great attention to these matters, and is to-day in Pennsyl-
vania one of the leading scientific minds upon all these great
questions, in which the people have such a deep interest.
I think that it is due to that class of our people that they

744 CONGRESSIONAL PROCEEDINGS.

should be represented upon the Board of Regents by such
aman as Professor Coppée. He is in every way qualified
for the place, and I think to strike him from the list pro-
posed would be an ungracious act, and one which the House
would not desire to perform, and to replace him by a man
who has nothing but his wealth to recommend him.

Professor Coppée has a thorough military training, has
been honorably connected with some of our most honored
colleges, and is now the president of the Packer University.
He has published one of the best text-books we have on logic
and rhetoric; he is the historian of General Grant, and his
criticisms on the military movements of the army in the late
war are the best we have. He is a scholar of high attain-
ments and of great financial ability, and his appointment
would be a deserved compliment to his great talent.

Mr. Monrok. I now call the previous question.

The Speaker. Does the gentleman call the previous ques-
tion on the bill and amendments ?

Mr. Monror. At the earnest requests of gentlemen I give
my personal consent that a vote should be had upon the
amendments.

Mr. Ranpatu. Did the committee instruct you to do that?

Mr. Monror. No; the committee gave me no instruc-
tions.

Mr. Ranpatt. Then you cannot permit it.

Mr. Monroz. I merely said that I was willing to have
votes taken on these amendments.

Mr. G. F. Hoar. Allow me to make asuggestion. Should
the House vote down the previous question, and permit
amendments to be in order, and the name of any gentleman
shouid be proposed and rejected, it would put him in a very
uncomfortable position. But if the House should sustain
the previous question it will determine that the House will
adopt the recommendations of the committee as a whole.
I hope, therefore, that the chairman [ Mr. Monroe] will insist
upon the previous question upon the bill without amend-
ments.

Mr. Maynarp. After having debated the matter for half
an hour, I think that it is an unkind suggestion.

Mr. Ranpatu. I think there is but one safe course for us
to pursue in all such matters. We cannot in this House
canvass the personal merits or qualifications of individuals.
I dare say that Mr. Stewart is a very proper man for the
place. But the committee have fully examined the whole
question, and have made their report. I think the only safe

FORTY-THIRD CONGRESS, 1873-75. 745
)

course for us to pursue is to adopt the report of the com-
mittee.

In regard to Professor Coppée, allow me to say that he is
a gentleman J have known for years. He is a professor in
the university in which I was partly educated, and is with-
out a superior in science or literature in this country. He
would be a very worthy successor to Mr. Agassiz.

Mr. Monroz. I must now call the previous question.

The Speaker. Does the gentleman include amendments ?

Mr. Monroz. I have given my consent personally. Am
I the proper person to decide that question ?

The Speaker. The only person.

Mr. Monroz. Then I will call for the previous question
upon the bill and amendments of the gentleman from Ten-
nessee [Mr. Maynard] and the gentleman from New York,
{Mr. Cox.]

The previous question was seconded, and the main ques-
tion ordered.

The Speaker. The gentleman from Tennessee [ Mr. May-
nard] moves to insert instead of the name of Henry Coppée,
of Pennsylvania, the name of Thomas W. Humes, of Ten-
nessee. The gentleman from New York [Mr. Cox] moves,
as an amendment to the amendment, to insert instead of
the name of Mr. Humes the name of Alexander T. Stewart,
.of New York. The first question is upon the amendment
to the amendment.

The amendment to the amendment was not agreed to.

The question recurring on the amendment of Mr. May-
nard, it was not agreed to.

The joint resolution was then ordered to be engrossed

_for a third reading, read the third time, and passed.

Mr. MonroE moved to reconsider the vote by which the
joint resolution was passed; and also moved that the motion
to reconsider be laid on the table.

The latter motion was agreed to.

May 15, 1874.—Mr. Donnan, from the Committee on
Printing, reported back, with the recommendation that it be
concurred in, the following concurrent resolution from the
Senate :

Resolved, (the House of Representatives concurring,) That seventy-five
hundred additional copies of the report of the Smithsonian Institution, for
the year 1873, be printed for the use of the institution: Provided, That the
aggregate number of pages of said report shall not exceed four hundred
and fifty, and that there be no illustrations except those furnished by the
Smithsonian Institution.

Mr. Hotman. Does that resolution propose to give all
the copies to the Smithsonian Institution ?

746 CONGRESSIONAL PROCEEDINGS.

Mr. Donnan. I desire to say to the House that this reso-
lution proposes five thousand less than the usual number
of copies; but we make no provision for furnishing any
copies to members of Congress. The whole number 1s for
the Smithsonian Institution.

Mr. Hotman. It seems to me that there ought to be
some copies for members of Congress. I think it would be
fair not to increase the number, but to divide it up so that
a portion shall be distributed by Senators and members of
the House.

Mr. Donnan. This is a Senate resolution and it was be-
lieved inasmuch as members of Congress have no means
of distributing the documents that they could obtain such
copies as they desired for their own use from the institu-
tion.

Mr. Houtman. I think it would be better to have a small
number provided for members of Congress. Most of us are
perfectly willing to send them to our constituents. I think
one-third of the number should be furnished for the use of
members of Congress. What is the number which the
resolution proposes to have printed ?

Mr. Donnan. Seventy-five hundred for distribution by
the Smithsonian Institution.

Mr. Hotman. Seventy-five hundred all together ?

Mr. Donnan. Yes; and the usual number was twelve
thousand.

Mr. Hotman. Then I would move to amend the resolu-
tion so that three thousand copies shall be furnished to the
Senate and House; two thousand for the House, and one
thousand for the Senate, and that the remaining forty-five
hundred shall be for the institution.

Mr. Donnan. i have no objection to. the House voting
on that amendment.

Mr. E. R. Hoar. I did Aot understand whether the mo-
tion of the gentleman from Indiana was to add to the
number.

Mr. Houtman. No; but to divide the number proposed
so as to give a portion to the Senate and to the House.

Mr. E. R. Hoar. I desire to say that this number is only ,
what the Smithsonian Institution desires for distribution
according to its systems among the libraries and colleges of
the country, and for its exchanges. I do not thinkit would
be proper or wise for the House.to take away a part of the
ordinary number furnished to this institution, for the pur-
pose of distributing this document to favored constituents
of members of the House. If members desire copies for

eer ee

|

FORTY-THIRD CONGRESS, 1873-75. 747

distribution, I think they should add to and not diminish
the regular supply to the institution. I move to amend the
amendment so that the number proposed for the House and
Senate shall be in addition to the number proposed by the
resolution.

The amendment to the amendment was agreed to; and
the amendment, as amended, was agreed to.

The resolution, as amended, was concurred in.

Mr. Donnan moved to reconsider the vote by which the
resolution was concurred in; and also moved that the mo-
tion to reconsider be laid on the table.

The latter motion was agreed to.

December 11, 1874.—On motion by Mr. Hooprr, the joint
resolution appointing George Bancroft a Regent of the
Smithsonian Institution, in place of William T. Sherman,
resigned, was taken up, and passed.

January 26, 1875.—Annual report, for the year 1874, laid
before the House of Representatives, and ordered to be
printed.

February 8, 1875.—Mr. Hoar moved to have additional
copies of the report of the Smithsonian Institution printed.

February 24, 1875.—Mr. Donnan, from the Committee on
Printing, reported the following resolution ; which was
read, and agreed to:

Resolved, (by the House of Representatives, the Senate concurring,) That
10,500 copies of the report of the Smithsonian Institution, for the year
1874, be printed ; 2,000 copies of which shall be for the use of the House of
Repr esentatives, 1,000 for the use of the Senate, and 7,500 for the use of the
institution: Pr ovided, That the aggregate number of pages of said report
shall not exceed 450, and that there shall be no illustrations , except those
furnished by the Smithsonian Institution.

March 2, 1875.—Mr. Hoar introduced a bill extending
the privileges of the library of Congress to the Regents of
the Smithsonian Institution; which was passed.

748 CONGRESSIONAL PROCEEDINGS.

- FORTY-FOURTH CONGRESS.

SENATE, April 13, 1876.

Annual report of the Smithsonian Institution for 1875,
laid before the Senate.
Mr. Hamurn moved that extra copies be printed.

April 20, 1876.—Mr. AntHony, from the Committee on
Printing, reported the following resolution, which was
agreed to:

Resolved, (by the Senate, the House of Representatives concurring,) That
10,500 copies of the report of the Smithsonian Institution, for the year
1875, be printed ; 1,000 copies of which shall be for the use of the Senate,
2,000 copies for the use of the House of Representatives, and 7,500 copies
for the use of the Smithsonian Institution: Provided, That the aggregate
number of pages shall not exceed 450, and that there shall be no illustra-
tions, except those furnished by the Smithsonian Institution.

January 26, 1877.—The PresipentT pro tempore presented
a resolution of the Board of Regents of the Smithsonian
Institution, adopted at a meeting held January 24, 1877,
asking an appropriation by Congress for the erection of a
suitable building, in connection with the present editice, for
the accommodation of additional collections; which was
referred to the Committee on Public Buildings and Grounds.

February 6, 1877.—Mr. Stevenson. I desire to present a
memorial from the Regents of the Smithsonian Institution,
which I desire to have read. It will be found to refer to a
subject in which the entire country must, [am sure, feel a
very deep interest.

It is known to the Senate that the Smithsonian Institu-
tion was represented at the late Centennial Exhibition at
Philadelphia. At the close of that exposition a number of
the foreign powers there represented, and who contributed
to that grand national display, at its close generously do-
nated to the Smithsonian Institution most of their articles
and products there exhibited. A list of the articles donated
and the name of the donors accompany this memorial.
Among these gifts will be found an exquisite pair of vases
valued at some $17,000.

The motive which prompted these donations to the Smith-
sonian Institution was unquestionably one of amity and
respect entertained by the foreign powers donating them
for the Government of the United States. But unquestion-
ably these donors expected that this Government would,
through the agency of the Smithsonian Institution, keep
these articles thus donated on public exhibition, and in this

FORTY-FOURTH CONGRESS, 1875-77. 749

way the respective products of each country would become
known to the people of our entire country.

The articles donated are valuable, rare, varied, and occupy
much space. They are all, I believe, now stored in Phila-
delphia, for the reason that the Smithsonian Institution has
no building in which they can be either exhibited or safely
preserved. They must remain, therefore, in boxes, subject
to injury and to decay, unless Congress shall take some
immediate action toward the erection of a building in all
respects suitable for their exhibition and preservation. The
capacity of such a building is estimated by competent arch-
itects to be four times as large as the Smithsonian building.
A plan of such a structure has been already drawn by Gen-
eral Meigs. Its estimated cost will not exceed $200,000.

The regents of the institution by this memorial ask Con-
gress to make at once the necessary appropriation. If it be
promptly done, a beautiful and capacious building can be
put up and finished by the assembling of Congress in De-
eember next. Of course, this memorial should go first to
the Committee on Public Buildings and Grounds. The
prompt erection of the proposed building is a public neces-
sity, which, I hope, will commend itself to the judgment of
that committee—and I trust they will at the e: arliest moment
make a report. I submit that the honor and good faith of
our country seems to demand and require prompt and lib-
eral action by Congress. That is all I have now to suggest.

Mr. Conxuine. What is the worth of these articles?

Mr. Stevenson. It is stated in the memorial that the es-
timated value is a million dollars. I ask that the memorial
be now read.

The Secretary read as follows.

To the Senate and House of Representatives of the
United States of America in Congress assembled :

The undersigned, Regents of the Smithsonian Institution, beg leave re-
spectfully to lay before you a question which has suddenly arisen, and which
can be solved only by your authority.

In the year 1846, on the organization of the Smithsonian Institution
‘for the increase and diffusion of knowledge among men,’’ Congress, to the
great relief of the Patent Office and other public buildings, devolved upon
the regents of that institution the custody of “all objects of art and of for-
eign and curious research, and all objects of natural history, plants, and
geological and mineralogical specimens belonging or hereafter to belong to
the United States, which may be in the city of Washington.”’

In aceordance with this enactment the institution has received and care-
fully preserved all the specimens which have been brought together from more
than fifty publie exploring expeditions, and has added specimens collected
by itself or obtained from foreign museums by exchange, till its present

edifice in the beginning of 1876 had become full to ov erflowing.

By an act bearing date July 31, 1876, additional duties were laid upon
the Smithsonian Institution ‘as custodian, und $4,500 were appropriated

750 CONGRESSIONAL PROCEEDINGS.

“for repairing and fitting up the so-called armory building, on the Mall
between Sixth and Seventh streets, and to enable the Smithsonian Institution
to store therein and to take care of specimens of the extensive series of the
ores of the precious metals, marbles, building stones, coals, and numerous
objects of natural history now on exhibition in Philadelphia, including
other objects of practical and economical value presented by various foreign
governments to the national museum.”’

As a fruit of this act of the General Government, the Smithsonian Insti-
tution finds itself the custodian of enormous collections that had been dis- |
played at the Centennial Exhibition, and on closing of that exhibition had
been presented to the United States. These donations are made by individ-
uals among our own citizens, by foreign exhibitors, and by several of the
States of the Union; and there is scarcely a power in the civilized world in
any region of the globe which has not taken part in the contributions, and
some of them with the largest generosity. Men of science most competent
to pass judgment pronounce them to be of immense value, and are of opin-
ion that, including the gift from States of the Union and the exhibits of the
United States, they could not have been brought together by purchase for
less than a million of dollars.

That the magnitude and value of the donations from foreign governments
may be manifest, we annex to this memorial a list of the more important of
them as prepared by Professor 8. F. Baird, who represented the Smithso-
nian Institution at Philadelphia.

Their adequate exhibition requires an additional building which shall af-
ford at least four times the space furnished by the present edifice of the
institution.

The Government of the United States is now in possession of the mate-
rials of a museum exhibiting the natural products of our own country asso-
ciated with those of foreign nations which would rival in magnitude, value,
and interest the most celebrated museums of the Old World.

The immediate practical question is: Shall these precious materials be for
the most part packed away in boxes, liable to injury and decay, or shall they
be exhibited?

It was the act of Congress which ordered the acceptance in trust of these
noble gifts to the United States. The receiving of them implies that they
will be taken care of in a manner corresponding to the just expectations of
those who gave them; and one of the prevailing motives of the donors was
that the productions of their several lands might continue to be exhibited.
The intrinsic value of the donations is moreover enhanced by the circum-
stances under which they were made. They came to us in the one hun-
dredth year of our life as a nation, in token of the desire of the governments
of the world to manifest their interest in our destiny. This consideration
becomes the more pleasing when we bring to mind that these gifts have
been received, not exclusively from the greatnations of Europe from which
we are sprung, or from the empire and republics on our own continent be-
yond the line, but that they come to us from the oldest abode of civilization
on the Nile, from the time-honored empires and kingdoms of the remotest
Eastern Asia, and from the principal States which are rising into intellect-
ual and industrial and political greatness in the farthest isles and continent;
from States which are younger than ourselves and bring their contributions
as a congratulatory offering to their elder brother.

We have deemed it our duty to lay these facts and reflections before both
Houses of Congress and to represent to them that, if they, in their wisdom,
think that this unequaled accumulation of natural specimens and works
interesting to science, the evidence of the good will to us that exists among
men, should be placed where it can be seen and studied by the people of our
own land and by travelers from abroad, it will be necessary to make an ap-
propriation for the immediate erection of a spacious building. Careful
inquiries have been instituted to ascertain the smallest sum which would be
adequate to that purpose; and the plan of a convenient structure has been

FORTY-FOURTH CONGRESS, 1875-77. vol

made by General Meigs, the Quartermaster General United States Army.
‘We beg leave further to represent that to accomplish the purpose there
would be need of an appropriation of $250,000. This amount is required
not as a first instalment, to be followed by others, but as sufficient entirely
to complete the edifice.
Should this appropriation be made at an early day the building could be

ready for the reception of articles before the next session of Congress.

M. R. WAITE,

T. W. FERRY,

He AEN:

J. W. STEVENSON,

A. A. SARGENT,

HIESTER CLYMER,

BENJ. H. HILL,

GEO. W. McCRARY,

PETER PARKER,

ASA GRAY,

GEO. BANCROFT,

Regents of the Smithsonian Institution.

WASHINGTON, February 5, 1877.

Mr. Morritu. I desire to say to the Senate that the
Committee on Public Buildings and Grounds have already
had the subject before them and would have made a report
before this time, but we understood that the same subject
was before a committee of the House, where it was being
favorably considered. As I have stated in years past, it has
seemed to be a necessity that we should provide for a
National Museum. It has been the opinion of the Com-
mittee on Public Buildings and Grounds on the part of the
Senate, I believe unanimously, for some years, that we
ought to take all of the squares next east of the public
grounds, throughout the length and breadth on the north
and south range of one square, taking one square in depth
and the whole length, for the purpose of a National Museum
and Congressional Library; and evidently this matter
should be provided for at once. The National Armory I
understand is already filled from basement to top.

Mr. Sargent. With boxes without any opportunity for
display.

Mr. Morritt. With boxes without any opportunity of
displaying their contents: and there are at this time, as I
am informed, at least fifty car-loads of articles that have
been given to us by foreign governments. Thirty-two or
thirty-three out of the forty nationalities abroad have given
us their entire exhibits at the Centennial Exhibition. Their
money value is scarcely computable, but if it were to be
computed it exceeds our own, as large as our exhibits were
there and as creditable to the country. Our own, I believe,
in money value have been computed at $400,000. These
foreign exhibits are computed, at least in money value, at

752 CONGRESSIONAL PROCEEDINGS.

the sum of $600,000, but in historical and scientific interest
they perhaps surpass anything that has been assembled in
any national museum on the globe.

I shall, therefore, hope to receive favorable consideration
of the report of the Committee on Public Buildings and
Grounds at an early day if in the meantime we do not re-
ceive a bill from the House on the subject.

Mr. Stevenson. I now move, Mr. President, that this
memorial be referred to the Committee on Public Buildings
and Grounds. Allow me to add a single word. I hope
that speedy action will be had by both the Senate and the
committee. I hope this building wil be put on the Smith-
sonian grounds. There is ample room on that square with
out the cost of additional ground. Professor Henry assures
me that with the erection of the contemplated building on
the plan of General Meigs, with the articles now on exhibi-
tion in the Smithsonian Institution, with those just donated,
we shall have the nucleus of a National Museum which in
a few years will equal any in the world.

Mr. Sargent. Accompanying this memorial is a list of
the various articles contributed by different powers, by dif-
ferent exhibitors, and by States of the Union, and I think
that if Senators will take the pains to examine that list
they will find that articles, rare in their character, of great
interest in a scientific point of view and of intrinsic value, —
have been given to the Government of the United States.
To properly display these objects will be to furnish educa-
tion of the most valuable character to all of our people (and
there are millions of them who come here) who visit this
capital. .

I wish to add my earnest desire that the committee will —
promptly report a measure that will enable us to open this —
great educational institution to the people of the United —
States, to utilize this vast and valuable collection which
has been given to us, to show that we receive them from —
these powers in good faith, and are disposed to show that —
we properly appreciate the riches which they have placed —
within our hands. 4

I move that the list with the memorial be printed, and —
that they both go to the Committee on Public Buildings —
and Grounds. ’

The motion was agreed to. :

February 14, 1877.—Mr. Morritz, from the Committee —
on Public Buildings and Grounds, reported a bill (S. No. —
1252) for the erection of a fire-proof building for the Na- —
tional Museum; which was read by its title. 1

FORTY-FOURTH CONGRESS, 1875-77. 753

Mr. Morritt. Let the bill be read at length. It will
take but a moment.

The PrestDENT pro tempore. The bill will be read the
second time at length.

The chief clerk read the bill, as follows:

Be it enacted, §c., That for a fire-proof building for the use of the Na-
tional Museum, three hundred feet square, to be erected under the direction
and supervision of the Regents of the Smithsonian Institution, in accord-
ance with the plan of Major General M. C. Meigs, now on file with the
Joint Committee of 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 appro-
priated. 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 Treas-
ury Department.

The PresipEent pro tempore. The bill will be placed on
the calendar.

February 22,1877.—Mr. Morriui. I ask the Senate to
take up a bill that will not take more than three or four
minutes in relation to the National Museum. It is rather
important that this bill should be acted upon that it may go
to the House. The bill is one which has been reported by
the action of the joint committee of the two Houses, that
is to say, of the committee of the Senate, and the sub-com-
mittee of the House, and meets their unanimous approval.
I move that the Senate proceed to the consideration of the
bill (S. No. 1252) for the erection of a fire-proof building
for the National Museum.

The motion was agreed to; and the Senate as in Com-
mittee on the Whole, proceeded to consider the bill.

Mr. Morritt. I shall not occupy any time in an ex-
planation of this bill, for I presume every Senator recog-
nizes the prime necessity there is for it. The bill is so care-
fully guarded that there will be no danger of any further
demand upon the Treasury, and I think it will meet the
approbation of all who examine it.

The bill was reported to the Senate without amendment,
ordered to be engrossed for a third reading, read the third
time, and passed.

March 1, 1877.—On motion of Mr. Anthony, the House
resolution of February 28, to print 10,500 copies of the re-
port of the Institution for 1876, was concurred in.

March 2, 1877.—The Senate having under consideration
the Sundry Civil appropriation bill, the next amendment was
4

754 CONGRESSIONAL PROCEEDINGS.

in line 486, under the head of “ Smithsonian Institution ”
to increase the appropriation “ for preservation and care of
the collections of the National Museum ” from $13,000 to
$25,000.

The amendment was agreed to.

The next amendment was after line 487 to insert :

For expenses of making up into sets for distribution to colleges and
academies the duplicate ores, minerals, and objects of natural history now

belonging to the United States or in the collections of the international ex-
position presented to it by foreign governments, $5,000.

The amendment was agreed to.
The next amendment was after line 492 to insert:

For a fire-proof building for the use of the National Museum, three hun-
dred 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 of Pub-
lic 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 roadway between it
and the latter of not less than thirty feet, with its north front on a line par-
allel 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. Sargent. On line 500, after the word “ dollars,” I
move to strike out the words ‘is hereby appropriated out
of any money in the Treasury not otherwise appropriated.”

The amendment to the amendment was agreed to.

The amendment, as amended, was agreed to.

Hovss or REPRESENTATIVES, December 14, 1875.

The Speaker appointed Mr. Hiester Clymer, of Penn.,
Mr. Benjamin H. Hill, of Georgia, Mr. George W. Me-
Crary, of Iowa, Regents of the Smithsonian Institution.

April 27, 1876.—On motion of Mr. Vancz, the concur-
rent resolution of the Senate, for printing extra copies of
the report of the Smithsonian Institution, for the year 1875,
was taken from the Speaker’s table, and referred.

May 24, 1876.—Mr. Batuovu, from the Committee on
Printing, reported the Senate resolution of April 20, which
was agreed to.

February 2, 1877.—The Speaker laid before the House
a preamble and resolution from the Board of Regents of the
Smithsonian Institution, relative to additional room for the
collections of the institution ; which was referred to the Com-
mittee on Appropriations.

|
.
|
.

FORTY-FOURTH CONGRESS, 1875-77. 755

February 7, 1877.—Mr. Crymer. I ask unanimous con-
sent 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 ex-
plain its import.

It sets forth that many foreign nations, states, and indi-
viduals, by whom articles were sent to the centennial exhi-
bition 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 ob-
ligation that they shall be preserved and exhibited for the
gratification and instruction of the people. Their preserva-
tion and exhibition must be confided to the National Mu-
seuim, 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

robable cost. Ido not ask that the memorial be printed
in the ftecord, 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 Younc. 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. CrymMer. Iam 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 ob-
jection ?

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

Mr. TownsenpD, of Pennsylvania. J ask that the memo-
rial itself be printed in the Record.

Mr. Ctymer. With the accompanying list.

756 CONGRESSIONAL PROCEEDINGS.

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. Stneueton, from the Committee
on Printing, reported the following resolution ; which was
passed :

Resolved, That 10,500 copies of the Report of the Smithsonian Institu-
tion, 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: Pro-
vided, That the aggregate number of pages shall not exceed 500, and that
there be no illustrations except those furnished by the Smithsonian Institu-
tion.

March 3, 1877.—Mr. Crymer. 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 Speak-
er’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 Na-
tional Museum, three hundred feet square, to be erected under the direction
and supervision of the Regents of the Smithsonian Institution, in accord-
ance with the plan of Major General M. C. Meigs, now on file with the
Joint Committee on Public Buildings and Grounds, on the southwest cor-
ner of the grounds of the Smithsonian Institution, the sum of $250,000 is
hereby appropriated out of any money in the Treasury not otherwise appro-
priated; 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. Crymer. 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. Mitts. 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. CiymER. I call for tellers.

Tellers were ordered; and Mr. Clymer and Mr. Throck-
morton were appointed.

The House divided; and the tellers reported—ayes 106,
noes 42,

FORTY-FOURTH CONGRESS, 1857-77. 757

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. Burch-
ard, 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, Harden-
bergh, Benjamin W. Harris, Hathorn, Haymond, Hendee, Henderson,
Abram 8. 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, Sinnick-
son, Smalls, A. Herr Smith, Stone, Stowell, Strait, Tarbox, Terry, Martin
I. Townsend, Washington Townsend, Waddell, John W. Wallace, Watter-
son, G. Wiley Wells, White, Whitehouse, Andrew Williams, Alpheus S.
Williams, Charles G. Williams, James Williams, William B. Williams,
James 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, Eg-
bert, Faulkner, Field, Fuller, Gause, Gibson, Robert Hamilton, Henry kh.
Harris, Hartridge, Henkle, Goldsmith W. Hewitt, Hoar, Holman, Hoskins,
Hunter, Hunton, Hurd, Frank Jones, Kehr, King, Lane, Lapham, Leaven-
worth, Lewis, Lord, Luttrell, Maish, McDill, McFarland, McMahon, Met-
ealfe, Milliken, Norton, Odell, Oliver, Packer, Phelps, Pierce, Piper,
Plaisted, Potter, Powell, John Robbins, Roberts, Sobieski Ross, Savage,
Sayler, Schleicher, Schumaker, Sheakley, William KE. Smith, Stanton,
Stephens, Swann, Teese, Thompson, Thornburgh, Tufts, Van Vorhes, Wait,
Waldron, Gilbert C. Walker, Alexander S. Wallace, Walsh, Ward, War-
ren, Erastus Wells, Wheeler, Whiting, Wigginton, Willard, Willis, Wil-
shire, and Fernando Wood—119.

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

DIGEST OF THE ACT OF CONGRESS ESTABLISH-

moon Re

es OO! SRD

Hm Co AOE

or oon -» &

ING THE SMITHSONIAN INSTITUTION.
Approved August 10, 1846.

By Proressor JosrEpH HENRY.

I. Tur EsTaABLISHMENT OR SMITHSONIAN INSTITUTION PROPER.

. The following persons shall constitute an establishment:

. Known by the name of the Smithsonian Institution.

. For the increase and diffusion of knowledge among men, viz:

. The President of the U.S. Secretary of the Navy,
Vice President. Postmaster General,
Secretary of State, Chief Justice,
Secretary of the Treasury, Commissioner of Patents,

Mayor of Washington.
. And such other persons as may be elected by them honorary members.

II. MEETINGS OF THE ESTABLISHMENT.

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

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

. The Secretary of the Board of Regents is also Secretary of the Insti-
tution.—Sec. 3d.

. Meetings to be called in manner provided for in by-laws of said Insti-

tution.—Sec. 8th.

III. Opssects oF THE MEETINGS OF THE INSTITUTION

. Supervision of the affairs of thé Institution.
. Advice and instruction of Board of Regents.

. Election of honorary members.

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

IV. Funpbs or THE INSTITUTION.

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

. The interest which accrued up to the Ist of July, 1846, or so much
thereof as the Regents may deem necessary, together with the sur-
plus interest of any year, is appropriated to the erection of a build-
ing, and to other current incidental expenses.—Secs. 2d and 4th.

. The interest on original fund perpetually applied to maintenance of
the Institution.—Sec. 2d.

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

. Interest payable half-yearly, on Ist January and Ist July, in each —
year.—Sec. 2d. :

. Amount of Smithson’s property received into the Treas-
ury on September Ist, 1888, . : ; : : . $515,169 00

. Interest on the same to July Ist, 1846, : : . 242,129 00

. Half-yearly interest.—Sec. 2d. . : : : : . 15,455 07

758

_

Bm cw bv

a one

a

Rm coho

mo NH

ar a a PO ND

DIGEST OF THE ACT OF CONGRESS. 759

V. Boarp or REGENTS.

. Business of the Institution to be conducted by Board, to be called Re-

gents of the Smithsonian Institution, and to be composed of:

. The Vice President of U. S., Chief Justice, and Mayor of Washington—

in virtue of their office.

. Three members of Senate—appointed by President of Senate:

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

. Six members, other than members of Congress—appointed by joint reso-

lution.

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

National Institute.

. The other four from the States, and mo two from the same State.—

Sec. 3d.
VI. Recents’ TERM OF OFFICE.

. The Vice President, Chief Justice, and Mayor of Washington—during

their continuance in oftice.

. Members of House of Representatives—until 4th Wednesday of Decem-

ber, 1847, and to be selected biennially thereafter on said day.

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

office.

. 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 Boarp oF REGENTS.

. Vacancies among Senators and Members filled by motion in either

House, as in the case of vacancies in committees of either House.

. The vacancy in the other six by joint resolution.—Sec. 3d.

VIIf. Merrrines or Boarp or REGENTS.

. First meeting at Washington, lst Monday in September, 1846.
. Subsequent meetings to be regulated by Regents.

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.

. Five members shall form a quorum.—Sec. 3d.

IX. CoMPENSATION TO BOARD oF REGENTS.

. Each member shall be paid his necessary travelling and other actual

expenses in attending meetings of the Board.

. His services as Regent shall be gratuitous.
. Expenses to be audited by Executive Committee.
. And recorded by Secretary.—Sec. 3d.

X. Duty or REGENTS.

. They shall conduct the business of the Institution.—Sec. 38d.

May be subject to the supervision, advice, and instruction of the es-
tablishment. Sec. 8th.

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

. Shall elect three of their own body as Executive Committee.—WSec. 3d.

Shall approve of the officers appointed by Secretary.

. Shall fix salary of officers.

760 DIGEST OF THE ACT OF CONGRESS

OF
10.
11.
12.

13.
14.

16.
16.

o> NO

>

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

Shall cause to be erected a suitable building.

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

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

Authorized to employ superintendent of erection of building.

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

Shall make an appropriation for a Library, not to exceed $25,000 an-
nually.

They shall submit report to Congress.

XI. Duty, &c., of CHANCELLOR.

. Shall be the presiding officer of the Board.

By the name of Chancellor of the Smithsonian Institution.

. He shall, with the Secretary, examine and certify all requisitions for

money, of Executive Committee, for payment at the Treasury.—
Sec. 3d.

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

XII. Dury, &c., or SEcRETARY.

. He is Secretary of the Institution, also of the Board of Regents.
. On application of any three of the Regents, it shall be his duty to ap-

point a special meeting of the Board of Regents, by giving written
notice to each.

. He shall, with the Chancellor, examine all requisitions for money pre-

sented to him by the Executive Committee, and if he approve
thereof, shall certify the same to the Treasurer of the U. S. for pay-
ment.—Sec. 3d.

. These requisitions may be for: (1) payment of debts; (2) performance

of contracts ; (8) 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.

. He will record the selection of site, and make copies thereof when re-

quired.—Sec. 4th.

. He will file duplicates of contracts for building, &c., with the U.S.

Treasurer.—WSec. 5th.

. He shall take charge of the building and property of said Institution.
. He shall, under direction of Board of Regents, make a fair and accu-

rate record of all their proceedings.

. He shall discharge the duty of Librarian.
. Also, of keeper of the museum.
. He may, by consent of the Regents, employ assistants.—Sec. 7th.

XIII. Dury or EXrecuTivrE CoMMITTEE.

. To execute acts of Board generally.
. To examine and certify appropriations necessary to operations of In-

stitution.—Secs. 3d and 5th.

XIV. Pay or OFFICERS, AND TENURE OF OFFICE.

. Said officers shall receive for their services such sums as may be al-

lowed by the Board of Regents.

. To be paid semi-annually—on the Ist of January and Ist of July.
. Removable by the Board of Regents.—Sec. 7th.

XV. DISBURSEMENTS.

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

2.
3.

ESTABLISHING THE SMITHSONIAN INSTITUTION. 761

tracts, shall be certified by the Board of Regents, or Executive
Jommittee thereof, to the Chancellor and Secretary.
They shall examine the same.
And, if they shall approve thereof, shall certify the same to the proper
officer of the U. S. Treasury for payment.—Sec. 3d.

XVI. ReEports To CONGRESS.

The Board of Regents shall annually report to Congress an account of

Hh coho =

omen =

the operations, expenditures, and condition of the Institution.—Sec.
3d.

XVII. SELEcTION oF SITE FOR INSTITUTION.

. After Board of Regents shall have met, and become organized, it shall

be their duty forthwith to proceed to select a suitable site, &c.

. 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.

. If not, then such location may be made on other of the public grounds

in the City of Washington, belonging to U.8., which said Regents
may select, by and with the consent of the persons above named.—
Secs. 4th and 5th.

XVIII. EvipENcE oF SELECTION.

. Grounds so selected shall be set out by metes and bounds.
. Description recorded in a book provided for the purpose.
. Signed by said Regents, or so many of them as may be convened at

the time of organization.

. Certified copy thereof to be evidence of boundaries, &c.; and said

lands are appropriated by said act.—Sec. 4th.

XIX. BUILDINGS TO BE ERECTED.

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

suitable building.

. Of plain and durable materials, and structure.

. Without unnecessary ornament.

. Of sufficient size.

. 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. (8.) A chemical laboratory.
(4.) A library. (5.) A gallery of art. (6.) And the necessary lec-
ture rooms.—sSec. 5th.

. May be made to form wing of Patent Office.

XX. CONTRACTS AND CLAIMS FOR BUILDING.

. Said Board shall have authority, by themselves, or by a committee of

three of their members, to contract for the completion of such build-
ing upon plan adopted by Regents.

. Shall take sufficient security for building and finishing same, accord-

ing to plan, and in the time stipulated.

. Duplicates of contracts to be filed with Treasurer of United States.
. 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.

. The sum was left blank in the act.—Sec. 5th.
. The interest which had accrued previous to 1st September, 1846,

minus the current expenses, and the surplus interest of any subse-
quent year, may be appropriated to this purpose.—Secs. 2d and 5th.

762 DIGEST OF THE ACT OF CONGRESS. a

XXII. SuPpEeRINTENDENCE OF CONSTRUCTION.

1. Board of Regents shall employ such persons as they may deem neces-
sary 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. PrRopeRtTY 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 Institu-
tion.—Sec. 6th.

XXYV. CoLLeEcTions, OBJECTS oF ART, SPECIMENS, &C.—How CLAssED,
RESERVED.

1. In proportion as suitable arrangements can be made for their recep-
tion, all objects of art, and of foreign and curious research, and of
natural history, plants, geological and mineralogical specimens, be-
longing 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 facili-
tate 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 repeal-
ing, 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.

EXTRACTS FROM THE MEMOIRS OF JOHN
QUINCY ADAMS.

EDITED BY CHARLES FRANCIS ADAMS.*

JANUARY 9, 1886.

At ten o’clock, or as soon after as I could get out of my
house and reach the Capitol, I met the Committee on the
President’s message relating to the Smithsonian bequest.
The members present were Garland, of Virginia, McKen-
nan of Pennsylvania, Pearce, of Rhode Island, Thomas, of
Maryland, and Chapin, of New York. The absent mem-
_ bers were Garland, of Louisiana, Hannegan, of Indiana,
and Speight, of North Carolina, who is still confined by
illness. The members now present had got over their
scruples with regard to the acceptance of the bequest, and
directed me to prepare a report and a bill to that effect. A
committee of the Senate, the chairman of which was Ben-
jamin Watkins Leigh, of Virginia, have already reported
to that effect, and presented a joint resolution authorizing
the President to obtain the funds, and making an appro-
priation of five thousand dollars to defray the expenses
which may thereby be occasioned. Mr. Leigh’s report con-
tains a short and satisfactory argument for the competency
of Congress to accept the bequest, and showing it to be
their duty. But, as money cannot constitutionally be ap-
_ propriated by resolutions, my direction from the committee
is to prepare a bill, and to make the appropriation ten thou-
sand instead of five thousand dollars.

JANUARY 10, 1836.

I called successively upon Mr. Bankhead, Chargé d’Af-
faires from Great Britain, and upon Colonel Aspinwall,
who is at Fuller’s, to inquire if either of them could give
“me any further information respecting Mr. James Smith-
son; but they could not. I was desirous of obtaining it
for the purpose of introducing into the report of the com-
mittee upon his bequest some complimentary notice of the

* Philadelphia, J. B. Lippincott & Co., 1876.
763

764 MEMOIRS OF JOHN QUINCY ADAMS.

donor. But so little are the feelings of others in unison
with mine on this occasion, and so strange is this donation
of half a million of dollars for the noblest of purposes, that
no one thinks of attributing it to a benevolent motive.
Vail intimates in his letter that the man was supposed to
be insane. Bankhead thinks he must have had republican
propensities; which is probable. Colonel Aspinwall con-
jectures that Mr. Smithson was an antenuptial son of the
first Duke and Duchess of Northumberland, and thus an
elder brother of the late Duke, but how he came to have a
nephew named Hungerford, son of a brother named Dick-
inson, and why he made this contingent bequest to the
United States of America, no one can tell. The report, if
it hazards any reflection upon the subject, must be very
guarded. Mr. Bankhead thought it was a fine windfall for
the city of Washington, and hoped if a professor of divinity
should be wanted we should remember his friend Hawley.
Mrs. Bankhead was in admiration of the splendid edifice
that might be erected with the money.

Colonel] Aspinwail said it would be easy to obtain the in-
formation which I desired in England, but that he had made
no inquiries at the time when he had procured and for-
warded to the Department of State a copy of the will, be-
cause the bequest was then contingent, and it was very
uncertain whether it would ever take effect. The will was
made in 1826—the year before which, the testator’s nephew,
the present Duke of Northumberland, had been upon a
magnificent Embassy Extraordinary at the coronation of
Charles the Tenth of France. There seems to have been a
determination in the mind of the testator that his estate
should in no event go to the Duke of Northumberland or
to any of his family. But certainly in the bequest itself
there is a high and honorable sentiment of philanthropy,
and a glorious testimonial of confidence in the institutions
of this Union. <A stranger to this country, knowing it only
by its history, bearing in his person the blood of the Percys
and the Seymours, brother to a nobleman of the highest
rank in British heraldry, who fought against the revolution
of our independence at Bunker’s Hill—that he should be
the man to found, at the city of Washington, for the United
States of America, an establishment for the increase and
diffusion of knowledge among men, is an event in which I
see the finger of Providence, compassing great results by
incomprehensible means. May the Congress of the Union
be deeply impressed with the solemn duties devolving upon
them by this trust, and carry it into effect in the fullness of

MEMOIRS OF JOHN QUINCY ADAMS. 765

its spirit, and to the increase and diffusion of knowledge
among men !
JANUARY 12, 18386.

I made this morning a draft of a bill to enable the Presi-
dent of the United States to obtain and cause to be remitted
to the United States the funds bequeathed to them by James
Smithson for the establishment at Washington of an insti-
tution for the increase and diffusion of knowledge among
men. The committee of the Senate have reported for the
same purpose a joint resolution containing an appropriation.
I took it as the basis of my draft, but added a section pro-

viding that the agent to be appointed should give bonds to

the Treasurer of the United States for the faithful perfor-
mance of his trust and the remittance of all the moneys

and other funds that he may receive in fulfillment of the

bequest. This labor occupied my time, so that I had none

left to journalize.

JANUARY 15, 1836.

I carried round my report on the message relating to the
Smithsonian bequest to all the members of the committee
excepting Speight, who is yet confined by illness; it was
unanimously approved, though Hannegan said he was op-
posed to accepting the bequest, and Garland, of Louisiana,
thought the Chargé d’ Affaires or Consul at London should
be authorized to procure and remit the funds, instead of a
special agent. The other members of the committee ap-
proved the bill as well as the report.

JANUARY 16, 1836.

I brought back my report on the Smithson bequest mes-
sage, to revise and correct the manuscript, feeling no small
degree of anxiety concerning it. The occasion is very ex-
traordinary, as an incident in the course of legislation.
The reference of the message to a select committee was
made not without some murmurings from members of the
Committee on the District of Columbia. The report of
the committee of the Senate has been very favorably re-
ceived, and pronounced a very able one, but it does not
touch upon any one of the views which occupy nearly the
whole of mine. The condition of the testator, the nature
of the trust, the character of the trustees, and the practical
effect of our political institutions upon the moral feeling of
Europe, illustrated by this incident, are not even glanced at
in the Senatorial report, written by Benjamin Watkins
Leigh. Mine embraces them all. The unanimous accept-

766 MEMOIRS OF JOHN QUINCY ADAMS.

ance of my report by all the members of the committee
who attended the committee meetings gives me some en-
couragement; but, slandered as I now am by hireling
snakes of all parties, and in almost every newspaper, I am
sure to be reviled for everything that I do or say, and can
foresee nothing but censure. Whether this bequest will
ever come to anything is much doubted by almost every
one. A spurious bastard claimant of the estate is antici-
pated, and seems to be threatened, from Mr. Daniel Brent’s
communications about the family of La Batut. The delays
and iniquities of the English court of chancery are foreseen
and foretold; and questions are made in the public journals
whether the whole affair is not animposture. All this may
be; but through all this I look at the whole romance as
officially presented to us, and, presuming all to be true,
prepared my report accordingly. A heavy responsibility ;
but so be it.

APRIL 19, 1886.

When the reports from select committees were called, I
presented the report and bill from the Committee on the
Smithson bequest message, and moved that the bill and re-
port should be printed, and the bill twice read by its title,
and referred to the Committee of the Whole on the state
of the Union; which was done. Mr. Chapin moved that
five thousand extra copies of the report should be printed
for the use of the House. This resolution, by the rules of
the House, was to lie over one day. Chapin asked for its
consideration by unanimous consent now. Objection was
made. Chapin asked the suspension of the rules, but the
vote was not quite of two-thirds to sustain him.

OctToBER 14, 1837.

Mr. Cambreleng moved to lay the biil aside and take
up the Appropriation bill; which was done. Wise moved
to strike out an item of ten thousand dollars for the ex-
penses of Richard Rush’s agency in obtaining payment of
the Smithsonian bequest. Cambreleng and Joseph R. In-
gersoll, who was of his Committee of Ways and Means at
the last session of Congress, had attempted to palm upon
me the responsibility of proposing this appropriation, which
Thad flatly refused. Cambreleng was now obliged to pro-
pose it himself. Wise’s motion did not succeed, but he
afterwards moved in the House to reduce the appropriation
to five thousand dollars, and succeeded. Cambreleng, as
usual, had nothing to say in defense of the appropriation

ee ee <0 EEeEES

MEMOIRS OF JOHN QUINCY ADAMS. 767

but that Wise and I had voted for the bill establishing the
agency.
JUNE 22, 1838.

Dr. Chapin, President of the Columbian College in the
District of Columbia, with Dr. Sherwood, one of the pro-
fessors of that institution, called on me this morning to
speak about the Smithsonian bequest. Mr. Rush has recov-
ered the money—half a million of dollars—and is expected
with it here in the course of the next month. Dr. Chapin
represented that if this money should be applied to the
foundation of a college or university, it must necessarily
effect the total destruction of his college.

I told him that after the passage of the act of Congress
for procuring the money, I had not permitted myself to think
upon the subject till the money should be in the Treasury;
that I hoped, however, no disposal of the fund would be
made which would in any manner injure the Columbian
College; that I did not think the Smithsonian Institution
should be a college, or a university, or a school of educa-
tion for children, but altogether of a different character;
that, as the money would come into the hands of the exec-
utive, I hoped the President would in his next annual
message propose some plan for the adoption of Congress for
the disposal of the fund; and I advised Dr. Chapin to see
the President and converse with him on the subject—which
he said he would.

JUNE 24, 1888.

Attended at St. John’s Church. I spoke to President
Van Buren, and asked half an hour’s conversation with him
at six o’clock this evening; to which he acceded. I went
to the President’s, and, putting into his hand the letter which
I have received in duplicate from R. Rush of 15th May, re-
quested him to read it. I then had a conversation of nearly
two hours with him upon the Smithsonian bequest, referring
to my report, and entreating him to have a plan prepared
to recommend to Congress for the foundation of the Insti-
tution at the commencement of the next session of Congress.
I suggested to him the establishment of an astronomical
observatory, with a salary for an astronomer and assistant,
for nightly observations and periodical publication; then
annual courses of lectures upon the natural, moral, and
political sciences; and, above all, no jobbing—no sinecures
—no monkish stalls for lazy idlers.

Mr. Van Buren received all this with complacency and
apparent concurrence of opinion; said he would look into

768 MEMOIRS OF JOHN QUINCY ADAMS.

my report; wished me at leisure to name any persons who
I thought might be usefully consulted ; appeared very favor-
ably disposed to the establishment of an observatory, and
willing to do right.

I urged upon him the deep responsibility of the nation to
the world and to all posterity worthily to fulfil the great
object of the testator. I only lament my inability to com-
municate half the solicitude with which my heart is on this
subject full, and the sluggishness with which I shall fail
properly to pursue it. IfIcan but remember to write upon
it to L. Cass, and T. Aspinwall, and to converse upon it
with Edward Everett and the Winthrops.

NovEmBer 29, 1888.

I paid a morning visit to President Martin Van Buren,
whom I found alone in his cabinet, the east chamber of the
presidential house. Half an hour’s conversation with him—_
chiefly on the disposal of the Smithsonian bequest. I re-
ferred to my conversation with him before my departure |
hence last summer, to the letter I received afterwards from
the Secretary of State, Forsyth, and to my two letters to
him in answer to it. He had not seen my letters, but had
on his table copies of them, and of a report from Mr. Rush,
and of a letter from President Wayland, of Brown Univer-
sity of Providence ; all which, he said, had been sent to him
this morning from the Department of State, and none of
which he had yet read. With regard to the disposal of the
fund he would leave it entirely to Congress to make provi-
sion for it.

T recurred to some of the remarks in my letters to Mr.
Forsyth recommending the establishment of an astronomi-
cal observatory. He said he had found this idea of an
observatory favorably received by all to whom he had men-
tioned it. He spoke in high commendation of Mr. Rush
for his ability in obtaining the money from the court of
chancery, and said that he had recommended his appoint-
ment.

Evening visit from Mr. Woodbury, the Secretary of the
Treasury. He invited me to dine with him next Saturday,
with the President and some of the foreign Ministers. I ac-
cepted the invitation. But the dining of the President with
the heads of Departments and foreign Ministers is a novelty
introduced by Mr. Van Buren, and of which I believe there
is no example by any of his predecessors.

Mr. Woodbury spoke about the disposal of the funds of —
the Smithsonian bequest, and gratified me much by the

MEMOIRS OF JOHN QUINCY ADAMS. 769

statement that the whole fund is now invested at an interest
of six per cent. a year; that the principal sum received is
about five hundred and eight thousand dollars, and that it will
yield upwards of thirty thousand dollars a year. He said,
further, that a question had occurred whether the expenses
occasioned by the recovery of the money were to be de-
ducted from the fund itself or to be paid by the public; and
the Attorney General had just given an opinion that no de-
duction from the fund should be made.

I told Mr. Woodbury that I was delighted to hear this;
and I urged most earnestly upon him, as I had done this
morning upon the President, the duty of this Government,
to the honor of the nation and to the testator, to keep this
fund entire and unimpaired, and to devote its annual pro-
ceeds to the generous and glorious object to which it was
devoted by him—to no purpose of common education, to
no school, college, university, or seminary of learning, but
to the increase and diffusion of knowledge among men.

Mr. Woodbury appeared to concur in these views, and I
have a faint hope that the fund may be so managed as to
produce some useful result.

DrEcEMBER 8, 1838.

Mr. Poinsett spoke to me of the exploring expedition,
which, he rejoiced to say, was departed upon its enterprise,
and he hoped we should ere long have a good account of it.
He spoke also of the Smithsonian bequest, and declared him-
self warmly in favor of appropriations for an observatory
upon the largest and most liberal foundation from it. But
he gave several intimations from which I could draw no
good augury. 1. He said the President had not made up
his mind in favor of an observatory; whence Linfer that he
will ostensibly neither favor or oppose it, but that he will
underhandedly defeat it, taking care to incur no personal
responsibility for its failure. 2. He insisted that a salary of
eighteen hundred dollars a year would not be near enough
for the astronomer; whence I infer that jobbing for favorites
is to be the destiny of the Smithsonian fund. And, 3. He
said that among the scientific men whom the President had _
consulted for the disposal of the fund was the English atheist
South Carolina professor, Thomas Cooper, a man whose very
breath is pestilential to every good purpose.

DECEMBER 10, 1838.

In the House, two messages were received from the Pres-
ident, with a large mass of documents, relating to the

49

770 MEMOIRS OF JOHN QUINCY ADAMS.

Smithsonian bequest; which were, at my motion, all ordered
to be printed, and referred to a select committee of nine
members.

JANUARY 4, 1839.

Met at half-past ten this morning, at the chamber of the
Committee of Manufactures, the select committee on the
Smithsonian bequest. Present, Adams, F. O. J. Smith, of
Maine, Charles Ogle, of Pennsylvania, Charles Shepard, of
North Carolina, John P. Kennedy, of Maryland, and James
Garland of Virginia; absent, Orrin Holt, of Connecticut,
Waddy Thompson, of South Carolina, and William H.
Hunter, of Ohio. I had yesterday personally notified all
the members to attend this meeting, except Hunter, who
was not in the House. Holt told me that he was engaged
on the great land cominittee; and Thompson promised to
come, but forgot it. The references to the committee were
the two messages of the President with documents 10 and
11 of the present session; a memorial from Charles Lewis
Fleischmann, a Bavarian, but now a citizen of the United
States, and attached to the Patent Office, who purposes the
establishment of an agricultural institution and farm school,
at the cost of about three hundred thousand dollars; a me-
morial of ‘Walter R. Johnson, praying for the establishment
of an institution for prosecuting experiments in certain physi-
cal sciences; and a petition from Samuel Martin, of Camp-
bell’s Station, Tennessee, who, with much other matter prays
that the Smithsonian fund may be applied to the instruc-
tion of females. I submitted also to the committee a printed
paper, signed “ Franklin,” proposing the establishment of
professorships and various courses of lectures. I read the
two messages of the President and the circular of 18th July,
1838, from John Forsyth, Secretary of State, asking for
opinions concerning the disposal of the fund, and stated the
substance of my two letters in answer to Mr. Forsyth. I
read also the act of Ist July, 1836, accepting the bequest
and pledging the faith of the United States to its application
conformably to the direction of the testator.

There was some desultory conversation, and Mr. Garland
moved an adjournment till next Tuesday at ten o’clock, for
a fuller meeting of the committee: which was agreed to.

JANUARY 5, 1839.

I rode to the Capitol shortly before the meeting of the
House, to make arrangements for keeping minutes of the
proceedings of the Smithsonian Bequest Committee—a work

!

MEMOIRS OF JOHN QUINCY ADAMS. Vik

with which I proceed with a heavy heart, from a presentiment
that this noble and most munificent donation will be fil-
tered to nothing, and wasted upon hungry and worthless
political jackals.

Just after dinner I had a long visit from Dr. Chapin, the
President of the Columbian College, who came to ascertain
if the college could obtain any assistance from the Smithso-
nian fund. His wish seemed to be that the Government
should take the college under its own charge, as an appen-
dage to the Smithsonian Institution. I said that, without
knowing what were the views of others, mine were that no
part of the Smithsonian fund should be applied to any school,
college, university, or seminary of education; but that, equal
care should be taken to avoid doing any injury whatever to
any such institution. He said the condition of the college
at present was such that unless it could receive assistance
from some quarter it must go down and its concerns
must be closed. They had been several years struggling to
raise a subscription from the Baptists throughout the United
States to pay the debt of the college; but in accomplishing
this they had failed. There had been a project for trans-
ferring the whole concern to Richmond, Virginia, where
there was already a flourishing Baptist school; but the
principal difficulty in the way of that was that it might for-
feit the subscriptions which they had obtained to pay the
debts here.

I said that if the Faculty thought there was any prospect
of their obtaining anything from the Smithsonian fund, they
might apply to the President of the United States, or to any
other member of the committee; and if there should be
any disposition in Congress to aid the college from the fund,
I would immediately withdraw from the committee and
leave the whole arrangement to be made by others. As I
deprecated above all things the applieation of the funds to
purposes for the benefit of individuals, I had determined at
least to be disinterested myself, and would in no shape or
form receive one dollar of the fund to myself. And as the
principal debt of the Columbian College was to me, I could
be instrumental to no arrangement which would result in
the payment of the college debt from the Smithsonian
fund.

He said he had conversed with Professor Ruggles on the
subject. They were aware that there was some delicacy in
my position with regard to the college debt; but they had
ample means for the payment of their debt, as preliminary
to the receiving any assistance from the Government.

V72 MEMOIRS OF JOHN QUINCY ADAMS.

T said that, at all events, it was a subject in which I could
have no agency, though if they should obtain encouragement
to their wishes from the President, or in Congress, I would
cheerfully withdraw from the committee.

The Doctor asked if I should be willing to receive any
further communication from him upon the subject.

I said, certainly, with pleasure, and with the best disposi-
tion to do anything useful to the college in my power. I gave
him printed copies of the two messages of the President to
the Congress on this subject at the present session.

\ JANUARY 8, 1839.

At ten I met the Smithsonian Bequest Committee.
Present, Adams, Smith, Charles Shepard, Thompson, Ogle,
Holt, and Kennedy; absent, Garland, of Virginia, and
Hunter of Ohio. There was more desultory conversation,
and some question made as to a boasting passage or two in
one of Mr. Rush’s letters, that he had avoided giving too
much publicity to the notice for illegitimate children of
James Hungerford, the first devisee of the whole property.
Rush had been bitterly assailed in the Gazette of the United
States for this, and Thompson expressed some suspicion of
unfairness in the transaction, which would vitiate the whole
procedure, and so taint it that he would not consent under
it to take a dollar of the money. But the decree of the
Master of the Rolls was read; and the report of the Master
to whom it had been referred, explicitly and positively de-
clared that Hungerford died without issue, legitimate or
illegitimate; and Mr. Thompson waived all objection to
further proceeding.

The Chairman of the committee was instructed to move in
the House that the memorial of Charles Lewis Fleischmann,
presented at this session and referred to this committee,
should be printed, and the drawings accompanying it litho-
graphed for the use of the House; and also to prepare a
bill vesting the whole Smithsonian fund in the Treasury of
the United States, pledging their faith to be responsible for
it, and for the payment of the yearly interest upon it at
six per cent. Adjourned to next Tuesday.

JANUARY 15, 1839.

Meeting of the Smithsonian Committee. Present, Adams,
Thompson, Kennedy, Hunter. No quorum. Thompson
made objections to Mr. Rush’s proceedings to recover the
fund. The joint resolution constituting a joint committee

MEMOIRS OF JOHN QUINCY ADAMS. aie

supersedes the authority of the separate committee of the
House. ,
JANUARY 26, 1839.

Meeting of joint Smithsonian Committee, Present, Sena-
tors, Robbins, Preston, Benton, Southard; of the House,
Adams, Garland, Thompson, Hunter of Ohio, Charles Shep-
ard. Robbins presents his project. I offer three resolutions.
Thompson makes a question upon the acceptance of the
money, on the ground of fraud upon the English court of
chancery in obtaining the money. Committee agreed to
meet on Wednesdaysand Saturdays at ten o’clock; to move
the house to print Mr. Robbins’ papers and my resolutions,
and a joint resolution authorizing the committee to employ
a clerk to print necessary papers. H.R. U.S. Call for
reports from committees. I move the printing of the papers
from the joint committee, and also the joint resolution au-
thorizing the committee to employ a clerk and to print the
necessary papers; adopted without opposition.

Fesruary 6, 1839.

Meeting of the joint Smithson Committee. I offered five
resolutions against the appropriation of any part of the
fund to any institute of education. Very little discussed.
Mr. Robbins is to report a bill constituting a board of trus-
tees, on commission to report a plan for the application of
the fund to the next Congress.

Marcu 25, 1889.

Called on the Secretary of the Treasury at his office in
the new Treasury building. I spoke to Mr. Woodbury of
the Smithsonian fund; told him what had been done with
rejation to it in Congress, and what had not been done;
how the two messages of the President on the subject had
been referred to a select committee of nine, of which I had
been the chairman; how Asher Robbins, a Senator from
Rhode Island, being laid politically on the shelf by his con-
stituents, had taken a fancy to this fund for the comfort and
support of his old age, and projected a university, of which
he was to be the Rector Magnificus. So he made an elegant
literary speech in the Senate, and moved for a joint com
mittee, seven from the Senate. The House concurred, and
the Speaker appointed the same committee of nine that he
had appointed before to join the committee of the Senate.
There were several meetings of the joint committee ; scarcely
ever a quorum of the Senate’s committee, but they gave
carte blanche to their chairman. He prepared his bill for

774 MEMOIRS OF JOHN QUINCY ADAMS.

nine trustees—three chosen by each House, and three by
the President—to sit during the recess, and prepare a plan,
to be submitted to Congress at the next session, for a cor-
poration, of which the same trustees were to form a part.
I had offered resolutions against all this, which the com-
mittee of the House adopted, and I prepared a bill conform-
ably to my own plan. By way of compromise it was agreed
that both committees should report both bills; which was
done. I never called either of them up in the House, for L
knew it would be in vain. Robbins attempted to get up his
bill in the Senate but could not carry it through. I left copies
of both bills, of my resolutions, and of Robbins’ proposi-
tions, with Mr. Woodbury, requesting him to consider them,
and inviting his views concerning them—telling him that L
should, if able to take my seat at the next session of Con-
gress, resume the subject, in which I felt an interest more
intense than in anything else before that body. I told him
that before leaving this place I intended to see and speak.
again with the President concerning it.

Mr. Woodbury promised to give his attention to the sub-
ject and to speak of it also to the President. But he told
me that in the general appropriation bill ten thousand dollars.
had been taken from this fund to pay for the expenses and
charges of procuring the money. Cambreleng swindled
this into the bill without my knowledge, and it crept through
both Houses unobserved. Ishamed him out of it last year,
and I believe he did it now to spite me. The Attorney
General had given an opinion against it. Iam deeply mor-
tified not to have detected this dirty trick.

Aprit 8, 1839.

I had some conversation with Mr. Grundy, and afterwards
with Mr. Poinsett, on the Smithsonian fund bills.

OctoBER 26, 1839.

I have chosen the Smithsonian bequest as my subject for
a lecture to the Quincey Lyceum, which I last Wednesday
promised Mr. John A. Green, now its President, to deliver,
‘“‘ Deo adjuvante,”’ on Wednesday, the 20th of next month.
This subject weighs deeply upon my mind. The private in-
terests and sordid passions into which that fund has already
fallen fill me with anxiety and apprehensions that it will be
squandered upon cormorants or wasted in electionecring
bribery. The apparent total indifference of Mr. Van Buren
to the disposal of the money, with his general professions ot
disposition to aid me; the assentation of all the heads of

MEMOIRS OF JOHN QUINCY ADAMS. 775

Departments, without a particle of assistance from any one of
them, excepting the Attorney General, Grundy, whose favor-
able opinion Cambreleng, at the last session, contrived to
nullify; the opposition, open and disguised, of Calhoun,
Preston, and Waddy Thompson, even to the establishment
of the Institution in any form; the utter prostration of all
public spirit in the Senate, proved by the encouragement
which they gave to the mean and selfish project of Asher
Robbins to make a university, for him to be placed at the
head of it; the investment of the whole fund, more than
half a million of dollars, in Arkansas and Michigan State
stocks; and the dirty trick of filching the ten thousand dol-
lars from the fund last winter to pay for the charges of pro-
curing it—are all so utterly discouraging that I despair. of
effecting anything for the honor of the country, or even to
accomplish the purpose of the bequest—the increase and
diffusion of knowledge among men. It is hard to toil
through life for a great purpose with a conviction that it will
be in vain; but possibly, seed now sown my bring forth some
good fruit hereafter. In my report of January, 1836, I laid
down all the general principles upon which the fund should
have been accepted and administered. I was then wholly
successful; my bill passed without opposition, and under its
provisions the money was procured and deposited in the
Treasury in gold. If I cannot prevent the disgrace of the
country by the failure of the testator’s intention, by making
it the subject of a lecture, I can leave a record for future
time of what [ have done. and what I would have done, to
accomplish the great design, if executed well. And let not
the supplication to the Author of all good be wanting.

OcToBER 29, 1839.

Fine autumnal day. My address on the Smithsonian be-
quest, in preparation for the Quincy Lyceum, as usual grows
upon me as I proceed, and I fear I shall not be able to in-
clude the subject, as I propose to discuss it, in one lecture.
My main object must be to prepare for action upon it at the
approaching session of Congress, and to gather facts and
arguments for a last effort to save the fund from misappli-
cation, dilapidation and waste.

DECEMBER 27, 1839.

The House had been ten minutes in session when I reached
the hall. I gave notice that I would, next Monday, ask
leave to introduce a bill for the disposal of the Smithso-
nian bequest fund. I went to the Speaker’s chair, and told

776 MEMOIRS OF JOHN QUINCY ADAMS.

him that my bill was in substance that which had been unani-
mously reported by the committee of the House at the last
session, and that [should move its reference to a select com-
mittee now. Heasked me to name to him members whom
Ishould wish to have on the committee. The House got
into a snarl about the numbers of the President’s message
to be printed, and finally, upon a motion of reconsideration
by Waddy Thompson, between three and four, adjourned.

DECEMBER 30, 1839.

I introduced my bill concerning the Smithsonian bequest,
which was read twice, and referred to a select committee of
nine. The Speaker told me he meant to put Dixon H.
Lewis upon the committee.

JANUARY 13, 1840.

Mr. Hassler paid me a visit. He is yet employed, under
the direction of the Secretary of the Treasury, upon the
survey of the coast, and upon the construction of weights
and measures for use in the different States. But I found
him much disposed to take hold of the Smithsonian bequest ;
to which I gave no encouragement. His plan was for the
establishment of an astronomical school before the erection
of an observatory. At the head of this astronomical school
he would naturally find his place, and would contrive to ab-
sorb the whole fund in the management of it. I promised
again to visit his establishment here, and asked him for in-
formation of the prices of the astronomical instruments
which he purchased for the United States Government at
London in 1815, and concerning some of the principal
astronomers, and astronomical establishments, and makers
of astronomical instruments, in Europe at this time.

JANUARY 15, 1840.

At half-past ten this morning the Committee on the Smith-
sonian Bequest bill met in the chamber of the Committee
of Manufactures. Present, Adams, Ogle, Shepard, Garland,
of Virginia, Albert Smith, Barnard, and Corwin; absent,
Lewis, of Alabama, who, by accident, was not notified, and
Campbell, of South Carolina, who came in after the meet-
ing adjourned, having been engaged in the Committee of
Elections. The bill was read. I proposed that the chair-
man should be authorized to prepare a report to be submit-
ted to the committee, containing a review of what had
been hitherto done by Congress on the subject, and a brief

= __ — — ee

MEMOIRS OF JOHN QUINCY ADAMS. WE

exposition of the reasons for the several provisions proposed
by the bill. I proposed also that when it should become
necessary I should ask the permission of the House to employ
a clerk, and toemploy George Sweeney; and that when the
report was ready I shall call another meeting of the com-
mittee; all of which was agreed to un& voce.

Frsruary 8, 1840.

Tinquired of the Secretary of the Treasury what was the
present condition of the Smithsonian fund. He said the
tnterest upon the Arkansas and Michigan bonds had been
regularly paid, and reinvested in Michigan bonds, which
had been purchased at seventy-five per cent. He said the
Secretaries of War and of the Navy had been much annoyed
to obtain payment of the interest, to enable them to pay the
Indian annuities and navy pensions.

Frpruary 20, 1840.

I finished this morning the draft of a report on the Smith-
sonian Bequest bill, to be submitted to the committee, and
left it with Mr. D. D. Barnard, at his lodgings. I have re-
quested him to read it, and to suggest any alterations, addi-
tions, or omissions which may occur to him as advisable,
before I presented it to the committee.

Frsruary 26, 1840.

The Smithsonian Bequest Bill Committee met at the
chamber of the Committee of Manufactures, at ten o’clock.
Present, Adams, Shepard, Garland, Barnard, Corwin, and
Lewis; absent, Ogle, Smith of Maine, and Campbell of
South Carolina, who is sick, confined to his chamber, and
was not notified. I presented my report, of which I briefly
stated the contents. The committee authorized me to pre-
sent it to the House, and move it be printed. The addi-
tional sections and the estimates were read, and authority
was given me to report them with the bill; also the mes-
sages of 6th and 7th December, 1838, and any other docu-
ment, at my discretion.

Dixon H. Lewis proposed to report a counter-project for
the establishment of an agricultural school on Fleisechmann’s
plan. It was agreed that he should present to the House
his counter-project at his leisure, and that it should also be
printed. Lewis declared his aversion to the acceptance of
the bequest, which he said only gave trouble to Congress,
by diverting their attention and consuming their time upon
subjects not suitable for their legislation. He asked again

778 MEMOIRS OF JOHN QUINCY ADAMS.

that a motion might be made to have Fleischmann’s memo-
rial at the last session of Congress reprinted; which was
agreed to.

Fepruary 27, 1840.

In the House, Crabb, of Alabama, had the floor on the
New Jersey election debate. I asked him to allow me to
present a report and documents from the Smithsonian Be-
quest Committee. He said that with the general consent
of the House, if no objection were made, he would readily
yield me the floor for that purpose. Turney of Tennessee,
objected, and I could not report my bill.

Marcu 5, 1840.

I presented from the Committee of the Smithsonian Be-
quest bill, an amended bill, with the report which I had
prepared, and sundry documents, including the messages of
December, 1835, and of 6th and 7th December, 1838, and
my report of January, 1836; also an estimate of the expense
of erecting and establishing an astronomical observatory.
I stated also that a member of the committee, Dixon H.
Lewis, would prepare a minority report, which the com-
mittee proposed should also be printed, together with the
memorial of Charles Lewis Fleischmann, presented at the
last session of Congress and then printed. James Monroe
proposed that five thousand extra copies of my report should
be printed; but the Speaker said it was not now in order,
and No was heard from several voices. JI am convinced
that nothing good can be done upon this subject by this
Congress.

APRIL 8, 1840.

At the National Intelligencer office, and, neither of the
editors being there, I left a copy of my report on the Smith-
sonian Bequest bill to be published in the paper.

APRIL 14, 1840.

Morning visit from Mr. Stone the engraver,and Mr. Jager,
a German, native of Vienna, now professor of botany and
zoology at the college of Princeton. We had an easy con-
versation of upwards of an hour, in which the Professor
expressed the opinion that too much time was devoted at
our colleges and universities to the study of Greek and
Latin. He spoke rather slightingly of Prince Galitzin, and
of the late Emperor Alexander, as infected with bigotry
from excessive reverence for the Bible, which he said was
the disposition of all the Galitzins he had ever known. I

MEMOIRS OF JOHN QUINCY ADAMS. 779

could not but surmise that Mr. Jiiger was a free-thinker of
the German school, and had a negative quantity of reverence
for the Bible, equal at least to the superfluity of it in the
Galitzins; that this had rendered the residence of St. Peters-
burg inconvenient to him, and brought him to this country.
This may be mere conjuncture; but I have invariably found
that a light estimate of the study of Greek and Latin and
an irreverent estimate of the Bible are inseparable compan-
ions. Isee the same current of opinions in Professor Dung-
lison’s two articles in the Southern Messenger, upon the
Smithsonian bequest. Of Dunglison, imported from Scot-
land by Jefferson, for his university of Virginia, this might
be expected; but how this Professor Jager should have got
squeezed into the super-orthodox college at Princeton gives
me pause.

May 10, 1840.

I observed to Mr. Gales that he had not yet published my
report on the Smithsonian bequest. He said the difficulty
was that it would occupy from twelve to fourteen columns of
the paper; but it should be published as soon as possible.

May 19, 1840.

I rode to the Capitol, and stopped on my way at the office
of the National Intelligencer. Mr. Gales said he should
begin the publication of the Smithsonian report to-morrow.

May 23, 1840.

I called at the Intelligencer office, and asked of Mr. Gales
half a dozen copies of this day’s paper, containing my
speech on the 8th instant, and of the country paper of last
Tuesday, containing my last report on the Smithsonian be-
quest. Gales said he had already received comments on the
latter. Iasked him from whom. He said he could not
tell me till I had seen them.

Aprit 14, 1841.

Mr. Poinsett called upon me, and now fully disclosed his
project, which is to place the investment and disposal of the
Smithsonian funds under the management of the American
[National] Institution for the Promotion of Literature and
Science. He concurs entirely in my views of confining the ap-
propriations to the annual interest, leaving the principal un-
impaired, and of making the first appropriations for the estab-
lishment of an astronomical observatory. But he did not ap-
prove of leaving the selection of the spot to the Secretary of

780 MEMOIRS OF JOHN QUINCY ADAMS.

the Treasury, and thought the hill opposite Analostan Island
objectionable on account of its exposure to fogs, from its
proximity to the river. He spoke of two or three other
places between Meridian Hill and the President’s House,
with some remarks on each spot worthy of consideration.
He said he had at present no other occupation on hand, and
would be willing to devote two years entirely to organizing
this establishment and getting it into full operation. I know
not that it could be accomplished more effectively, and think
I must acquiesce in this arrangement and endeavor to carry
it through. The chief obstacle, however, will now be to
extricate the funds from the fangs of the State of Arkansas.
Mr. Poinsett thought that they paid the interest upon the
bonds punctually; but the law requires that the interest
should, when paid, be immediately reinvested in State stocks ;
and I struggled in vain at the last session of Congress to
obtain a repeal of that law. Mr. Poinsett said he was now
going in a very few days to South Carolina, but should soon
return here.

APRIL 17, 1841.

I should have mentioned that yesterday morning I visited
Mr. Poinsett and took leave of him previous to his depar-
ture for Charleston, South Carolina. I inquired when he
proposed to return here, and understood him to say not till
next winter; but then he comes for two years, to preside
over the National Institution for the Promotion of Science;
and, as he expressed a wish that the Smithsonian fund might
be connected with that Institution and placed under its man-
agement, I requested him to take the bill reported to the
House with my report of 5th March, 1840, and prepare any
amendment to it which would carry out his views, and send
it to me before the approaching session of Congress; which
he said would do.

APRIL 18, 1841.

I borrowed from the occupations of the week the morn-
ing hours, to finish a letter to Thomas Ewing, Secretary of
the Treasury, concerning the Smithsonian Fund, its invest-
ment, and its application. It involves the condition of the
Navy Pension Fund, the State debts, the public lands, In-
dian treaties and trusts, and the whole system of administra-
tion of the finances, revenues, receipts, and expenditures of
the nation. I present it only so far as concerns the Smith-
sonian Fund and projected Institution.

age io

al ee eel

MEMOIRS OF JOHN QUINCY ADAMS. 781

AprIL 19, 1840.

I took my letter and pamphlets relating to the Smithso-
nian Fund to the Secretary of the Treasury, and left them
with him, with an earnest request that he would lay the
subject before the President.

JUNE 4, 1841.

I paid a visit to the Acting President, John Tyler, and
had a conversation with him upon the condition and pros-
pects of the Smithsonian Fund. The Secretary of the
Treasury, Ewing, has not communicated to him my letter
of the 19th April last, nor the report, nor any of the docu-
ments which I sent him with it.

SEPTEMBER 10, 1841.

The committee took up the amendments of the Senate
to the Smithsonian fund bill, with which the House, at my
motion, agreed; and so the bill has gone through both
Houses. ‘

SEPTEMBER 16, 1841.

I called twice this day at the Department of State. The
first time the Secretary, Webster, was not at the office; so
I passed over to the Treasury Department, and saw Mr.
Walter Forward, the new Secretary. Ispoke to him upon
two subjects. 1. The Smithsonian fund, of the history of
which he is ignorant, and, from the civil, courteous, and
wholly indifferent manner in which he received my com-
munications, I presume he will care just as little as did his
predecessors, Ewing and Woodbury. I told him what I
had done, and what I propose to do; and he promised to
send me a statement of the present condition of the fund,
and the amount of the stocks of the several States which
have been purchased under the authority of the sixth sec-
tion of the West Point Academy appropriation of 1838.
And, 2, I spoke on the resolution of the House, adopted at
my motion on the 23d of July last, calling on the Secretary
of the Treasury for a report upon the debts of the several
States.

Mr. Forward appeared not to have heard or not to have
thought of that resolution; but he said he would attend to
it, and that he would write to the Secretaries of the several
States, to collect the information.

SEPTEMBER 18, 1841.
My next call was at the Treasury Department, where I

782 MEMOIRS OF JOHN QUINCY ADAMS.

requested of the Secretary, Forward, a more particular
statement of the State stocks in which the Smithsonian
funds, principal and interest, have been invested.

I spoke to Mr. Tyler about the Smithsonian fund and the
debts of the States. There are now six hundred and
twenty thousand dollars invested in State stocks bearing an
interest of six per cent. a year, payable half-yearly. I told
him I had at length succeeded in two measures at the recent
session of Congress—one by introducing into the bill for
distributing the proceeds of the sales of the public lands,
the fourth section, whereby the portion coming at any time
to any State shall be first applied to the payment of any
debt, principal or interest, from the State to the United
States; and the other by the repeal of the sixth section of
the West Point appropriation act of 7th July, 1838, which
requires the investment of the accruing interest in State
stocks, and substituting the investment of them in stocks
of the United States—though this has been attended, much
against my will, with authority to the Secretary of the
Treasury to reduce the interest from six per cent. a year,
which the State bonds now bear, to not less than five. The
Secretary of the Treasury has obtained one million, or a
million and a half, of the twelve-million loan authorized at
the recent session of Congress, at five and a half per cent.;
but he wants already two millions more, and has no pros-
pect of obtaining them at a rate lower than six per cent., if
at that; and I said if there should be an investment of the
next semi-annual interest I hoped it would not be taken at
a lower rate of interest than six per cent. But I was ex-
tremely anxious that the United States should not assume,
but resume, the whole responsibility of that fund, and look
themselves to the States for their punctuality of payment.

Mr. Tyler, in general terms, approved of these observa-
tions, and assured me that he would co-operate cordially
with me for the faithful application of these funds to the
purposes of the testator. He said he had my letter to the
late Secretary Ewing, and had read it.

I spoke also of the call of the House on the Secretary
of the Treasury for a report on the State debts, and gave
him some of my views upon that deeply interesting public
concern. .

He certainly did not concur with them; neither did he
controvert them. When I suggested to him the certainty
that the European Governments will ultimately hold the
United States responsible for these State debts, he looked
grave, but made no remark.

MEMOIRS OF JOHN QUINCY ADAMS. 783

JANUARY 10, 1842.

I notified the members of the Committee on the Smith-
sonian bequest to meet Wednesday morning.

JANUARY 12, 1842.

I was obliged to go to attend at eleven the first meeting
of the select Committee on the Smithsonian bequest, in the
chamber of the Committee of Foreign Relations. Present,
Adams, Habersham, Truman Smith, Underwood, Benjamin
Randall, and Charles J. Ingersoll; absent, Hunter, Houston,
and Bowne, the last of whom I had not been able personally
to notify, he having been yesterday and the day before de-
tained from the House by indisposition. I read the com-
mission of the members, the reference to the Committee of
the part of the President’s message relating to the Smith-
sonian fund, and that part of the message itself. After
much desultory conversation, the committee agreed to meet
next Wednesday morning at ten o’clock.

JANUARY 14, 1842.

I called this morning at the Department of the Treasury,
and requested of the Secretary a statement of the present
condition of the Smithsonian fund, and copies of the State
bonds in which it has been invested, for the information of
the committee to which the subject has been referred by
the House. I inquired also when the report upon the
debts of the States, called for by resolution of the House,
might be expected.

He said he had written to the Governors of the several
States, and had received answers from some and not from
others. The answers from the heaviest States were re-
ceived ; and he directed the Chief Clerk, McClintock Young,
to write again to the States whence there are as yet no
answers.

JANUARY 19, 1842.

Meeting of the select Committee on the Smithsonian be-
quest, in the chamber of the Committee of Foreign Rela-
tions. Present, Adams, Habersham, Underwood, Randall,
C. J. Ingersoll, Houston, and Bowne; absent, Truman
Smith, and Hunter. I had found in the chamber of the
committee of manufactures the book containing the minutes
of the proceedings of the former committees on this subject,
the last entry upon which was of 15th January, 1840. My
report of that committee, with an amended bill to incorpo-
rate the trustees of the fund, was made on the 5th of

784 MEMOIRS OF JOHN QUINCY ADAMS.

March, 1840, since which nothing has been done by Con- .

gress concerning it. The bill No. 1 of the House bills
remained on the calendar through the whole remainder of
the Twenty-Sixth Congress’s first and second sessions, and
was never reached in the ordinary business of the House.
There was no committee appointed at the second session,
none at the late special session, first of the Twenty-Seventh
Congress, and in the mean time the funds invested in bonds
of the State of Arkansas have depreciated at least fifty per
cent. I now stated to the committee that I had called upon
the Secretary of the Treasury for a statement of the present
condition of the fund, which he had promised but had not
yet furnished me. [ recapitulated again the proceedings of
the former committees, and gave copies of my last report
to those members of the committee who desired them.

Habersham presented a letter from James F. Espy, pro-
posing that a portion of the fund should be appropriated
for simultaneous meteorological observations all over the
Union, with him for central national meteorologist, stationed
at Washington with a comfortable salary.

JANUARY 26, 1842.

Attended this morning the Committee on the Smithsonian
bequest. Present, Adams, Underwood, Houston, Randall,
and Truman Smith. The documents requested from the
Secretary of the Treasury had not been received. The
committee sat about half an hour, and then adjourned;
after which Mr. Habersham came in. Absent, Charles J.
Ingersoll, Hunter, and Bowne. Iam convinced that noth-
ing will be done of any use by this committee.

FEBRUARY 2, 1842.

Meeting of the Committee on the Smithsonian bequest,
Present, Adams, Smith, Habersham, Randall, Underwood;
absent, C. J. Ingersoll, Hunter, Houston, and Bowne. A
letter from Franklin Knight to R. W. Habersham was read,
with a project for applying the Smithsonian fund to the
establishment and support of a farm school—D. H. Lewis’s
plan.

Frsruary 9, 1842.

I attended the meeting of the Committee on the Smith-
sonian bequest. Present, Adams, Underwood, Habersham,
Smith; absent, C. J. Ingersoll, Randall, Houston, Bowne,
and Hunter. No quorum, and nothing could be done. My
time, night and day, has been, and yet is, so absorbed for

gE rie aie catia

see

el

oS ae a ae

MEMOIRS OF JOHN QUINCY ADAMS. 785

my own defence that I can attend to nothing else. Mr.
Smith said that he should not be here at the next weekly
meeting, being obliged to go home to Connecticut on busi-

ness.
FEBRUARY 16, 1842.

Committee on the Smithsonian bequest. Adams, Haber-
sham, Underwood, Randall—no quorum. No report yet
from the Secretary of the Treasury on the present condition
of the funds.

FEBRUARY 28, 1842.

Committee on the Smithsonian bequest. Present, Adams,
Underwood, Habersham—no quorum.

- Marcu 2, 1842.

Committee on the Smithsonian bequest. Present, Adams,
Underwood, Randall—no quorum.

Marcu 9, 1842.

Weekly meeting of the Committee on the Smithsonian
bequest. Present, Adams and Truman Smith. Haber-
sham was in an adjoining committee room. No quorum.

Marcu 19, 1842.

The meeting of the Committee on the Smithsonian be-
quest was fixed for ten this morning, but it was eleven when
I reached the chamber of the committee, and found there
Underwood, Habersham, Truman Smith, Benjamin Randall,
and Charles J. Ingersoll; absent, Bowne, Houston, and
Hunter. Of my tardiness I failed not to be reminded. We
took up the old bill and debated it from the third to the
sixth section inclusive. Every provision of every section
was contested, and the only sound principle settled was
that the principal sum of the bequest should be preserved
unimpaired as a perpetual fund, from which no appropria-
tion shall be made.

Habersham, of Georgia, opposed the parts of the bill
providing for the establishment of an astronomical obser-
vatory. His argument was the danger and difficulty of
carrying it through Congress; and he said that only yester-
day one of the members from the South urged, in conver-
sation with him, that Congress had no constitutional power
to accept the bequest, and that the money ought to be sent
back to England.

I saw the finger of John C. Calhoun and of nullification,
and said that the objection against the power of Congress

50

786 MEMOIRS OF JOHN QUINCY ADAMS.

to accept the bequest would not be removed by striking out
the observatory; that Mr. Calhoun and his coadjutors had
urged it from the beginning, and it had been time after
time settled against them; that any application of the fund
to the purposes of the testator would be resisted by them,
and if anything was to be done it must be carried against
their stubborn opposition. Adjourned to Monday morning
at ten.
Marcu 21, 1842.

Meeting of the Committee on the Smithsonian bequest,
at tena.m. I was punctual to the minute, but waited
more than half an hour for a quorum. Present, Adams,
Underwood, Truman Smith, Habersham, R. Randall, and
C. J. Ingersoll; absent, Bowne, Houston, and Hunter. We
discussed the remainder of the old bill, from the sixth sec-
tion through. Every one had amendments to propose, and
the bill was thoroughly riddled. Many amendments were
adopted, and I was directed to prepare an amended bill for
the consideration of the committee at the adjournment,
Wednesday morning.

Marca 23, 1842.

I reached the committee room at ten o’clock. Present,
Adams, Randall, Habersham, T. Smith, Underwood, and,
just as the committee were adjourning, Ingersoll. The
remainder of the old bill was throughly debated, and addi-
tional amendments were proposed. I was finally directed
to prepare a bill and then call a meeting of the committee.

APRIL 2, 1842.

I made the experiment of doing something else while the
routine of private legislation was dragging through. [ ac-
cordingly continued the draft of a bill for the Smithsonian
bequest Committee, with a hope to finish it on Monday, and
I ascertained that I might, with suitable industry, perform
the work of two hours’ writing in my seat, upon business
other than that before the House, every day upon which I
take no part in the debate, and yet give all necessary atten-
tion to the current business.

APRIL 4, 1842.

I finished my draft of the bill for the Smithsonian bequest
Committee, and added five new sections for their considera-
tion.

MEMOIRS OF JOHN QUINCY ADAMS. 787

Apri. 5, 1842.

In the House, I notified all the members of the Committee
on the Smithsonian bequest, excepting Mr. Bowne, who is
absent, to attend a meeting to-morrow morning; and I gave
to Mr. Underwood to read the five additional sections,
which complete my plan for the establishment of the insti-
tution and the provision of a fund for the erection and per-
petual support of an astronomical observatory upon a scale
equal to that of any one upon earth. He doubted the
expediency of including them in the present bill, for fear
of alarming the House, but cordially approved of my whole
plan.

APRIL 6, 1842.

Committee on the Smithsonian bequest. Present, Adams,
Underwood, Truman Smith, Benjamin Randall, and C. J.
Ingersoll; absent, Habersham, Houston, Bowne, and Hun-
ter. I was authorized to present to the House the draft of
the bill which I had prepared, together with the five addi-
tional sections, with one other, to dispose of the surplus
income from the principal fund, beyond the thirty thousand

dollars a year for ten years from the Ist of September,

1838, appropriated by the bill, and with the bill a report.
APRIL 12, 1842.

When the select committees were called, I asked leave
to report from the Committee on the Smithsonian bequest

a bill; but the bill itself was at my house. C. J. Ingersoll

had presented to the House and referred to the committee
a claim of Richard Rush for extra services in recovering
the money, and the Speaker said he had additional docu-
ments to present relating to that claim. I moved that the
committee should be discharged from the further considera-
tion of the claim, and that it be referred to the Committee of
Claims; which, with faint opposition from C. J. Ingersoll,
was carried.
JUNE 11, 1842.

The meeting last evening at Mr. Markoe’s was for the
purpose of conferring upon the project of connecting the
organization of the National Institute for the Promotion ot
Science, with that of the Smithsonian Institution. Mr.
Poinsett is president of the former, and presided at the
mecting. Mr. Preston has introduced into the Senate a
bill for combining together these two institutions, and now
stated to the meeting his views on the subject, embracing

788 MEMOIRS OF JOHN QUINCY ADAMS.

an appropriation of twenty thousand dollars, and the oceu-
pation by law of a large portion of the Patent Office build-
ing for the preservation and arrangement of the objects of
curiosity collected by the exploring expedition under Lieu-
tenant Wilkes, now daily expected home; and he called on
me to say how far my purposes may be concurrent with these
suggestions.

[said I had the warmest disposition to favor them, and
thought there was but one difficulty in the way, which
might perhaps be surmounted. I had believed that the
whole burden and the whole honor of the Smithsonian
Institution should be exclusively confined to itself, and not,
entangled or commingled with any national establishment
requiring appropriations of public money. I exposed the
principles upon which all my movements relating to the
Smithsonian bequest have been founded, as well as the bills
which at four successive Congresses I have reported—first
for obtaining the money, and then for disposing of the
fund.

At the motion of Mr. Walker, of Mississippi, the presi-
dent, Poinsett, was authorized to appoint a committee of five
members of the Institute, to confer with Mr. Preston and
me upon the means of connecting the Smithsonian Institu-
tion with the National Institute.

June 20, 1842.

In the House, immediately after the reading of the jour-
nal, I offered a resolution calling upon the Secretary of the
Treasury to report to the House as soon as may be practi-
cable, after the 1st of July now impending, the amount
paid or credited to the several States of the Union from the
proceeds of the sales of the public lands; the amount re-
tained in payment of interest or principal of debts due
from the States to the United States; and the amount due
from the indebted States to the United States. My resolu-
tion was received and adopted without opposition and with-
out remark.

Marcu 10, 18438.

In the unceasing mill-clapper tall of Mr. Hassler last
evening, he asked me to introduce him to the new Secretary
of the Treasury, John C. Spencer—which I agreed to do,
and appointed this day at one o’clock to go with him to the
Department for that purpose. He came, and we went ac-
cordingly. I introduced him, and almost immediately left
them together; but not without perceiving the seeds of a

MEMOIRS OF JOHN QUINCY ADAMS. 789

conflict already germinating between two proud spirits,
whick bodes no good to the progress of the Coast Survey.
The recent act places Hassler under the control of a board
of officers, and the whole operation under the superintend-
ence of the Secretary of the Treasury. Hassler, already
restive under the yoke fitting to his neck, said that the
work, being scientitic, must be conducted on scientific prin-
ciples. The Potentate answered in a subdued tone of voice,
but with the trenchant stubbornness of authority, “the laws
must be obeyed.” The pride of science clashed with the
pride of place, and I left them together.

I had observed the same temper in Spencer yesterday
in talking with him about the present condition and pros-
pects of the Smithsonian fund. I supplicated him to take
an interest in the restoration, preservation, and application
of the fund to the purposes of the testator. He promised
to make a full report to Congress on the subject, to recom-
mend the issue of six per cent. stock of the United States
to the full amount of the dilapidated funds and the invest-
ment of it in trustees—the Chief Justice of the United
States, and other officers of the Government. But he
thought the disposal of the funds should be left entirely to
the trustees; and he pronounced the prejudice against my
plan of an astronomical observatory insurmountable, be-
cause I had once called observatories light-houses in the
skies. My words were light-houses of the skies. But Mr.
Spencer sees no difference between the two phrases. Mr.
Spencer turned up his eyes at the swindling speculation of
the Senator from Arkansas, and shrugged up his shoulders
at the prospect of ever recovering the money from that
State.

JANUARY 20, 1844.

Thomasson’s amendment to Wise’s resolution, and all the
other amendments, were rejected, and the original resolu-
tion to refer the notice of the Smithsonian bequest to a
select committee was amended by Burke’s motion to refer
it to the Joint Committee on the Library. The committee
reported, and the House adjourned.

Frsruary 19, 1844.

The report of the Secretary of the Treasury on the
present condition of the Smithsonian fund was sent in, of
which Mr. Young apprised me by a private note. JI moved
its reference to a select committee of nine, and that, with
the documents, it should be printed. Burke moved its
reference to the Joint Committee on the Library. To this

790 MEMOIRS OF JOHN QUINCY ADAMS.

I objected, and assigned my reasons; whereupon Burke,
unexpectedly to me, withdrew his motion, and mine was
carried.

May 15, 1844.

Adams, John Quincy: Houston, George 8.; Chappell,
Absalom H.; French, Richard; Lucas, William; Brengle,
Francis; Potter, Emery D.; Yost, Jacob 8.; Wethered,
John. The names in the margin are those, including m
own, of the select committee to whom, on the 19th of Feb-
ruary last, was referred the report of the Secretary of the
Treasury on the resolution of the House of the 3d of Janu-
ary, concerning the present condition of the Smithsonian

fund. I met them at ten this morning, in the chamber of

the Committee of Manufactures; all present except Houston
and Chappell, who were duly notified. We had barely time
to read the will of Smithson, the act of Congress accepting
the bequest, and the report of the Secretary of the Treasury
referred to the committee, and adjourned, to meet to-morrow
at ten o’clock.

May 16, 1844.

I met again the committee on the Smithsonian bequest,
the same members present as yesterday, The report of the
Secretary of the Treasury evades all explanation of the
manner how the fund was almost entirely invested in bonds
of the State of Arkansas, upon which no interest has been
paid, except in other bonds of the same State, and upon
which for more than two years no interest has been paid at
all. How to make the fund now available for any appro-
priation by Congress to the purposes of the testator was
the question first discussed, and upon which the committee
came to no result. Then I read the bill reported by the
select committee on the 1zth of April, 1842, and, after some
conversation, the committee adjourned to next Monday, ten
o’clock, for the chairman, consulting with Judge French,
to prepare some specific measure to be discussed for report.
to the House.

May 20, 1844.

I had prepared a draft of a bill making an appropriation
of seven hundred thousand dollars from the Treasury to
assume the annual interest on the Smithson fund, invested
now in stocks of several States and upon interest, the pay-
ment of which is suspended; which draft I proposed to
submit to the consideration of the committee on the Smith-
sonian bequest at their meeting this morning. But only

MEMOIRS OF JOHN QUINCY ADAMS. 791

one member of the committee, Jacob S. Yost, attended. I
read my draft of a bill to him, and we agreed to meet again
next Wednesday morning at half-past nine.

May 22, 1844.

The meeting of the select committee on the Smithsonian
bequest was appointed for half-past nine o’clock this morn-
ing, but, with myself, only three other members of the com-
mittee were in attendance—Brengle, Potter, and Yost; not
a quorum. I read to them my draft of a bill for appropri-
ating seven hundred thousand dollars from the Treasury
for carrying into immediate effect the purposes of the tes-
tator—which they all approved; and they were also willing
to report again the bill which was reported in 1842. We
adjourned to meet again next Saturday.

May 238, 1844.

I began the draft of a report to accompany the bill which
I propose to report from the select committee on the Smith-
sonian bequest, but made little progress in it.

May 25, 1844.

The meeting of the select committee on the Smithsonian
bequest was fixed for this morning at half-past nine, but the
only members who attended, except myself, were Brengle
and French. I read my draft of a preliminary bill to ap-
propriate a sum sufficient to make the fund immediately
available for application to the purposes of the testator, to
Mr. French, who without hesitation approved it. I have,
therefore, the consent of a majority of the committee to
report it; but I was not ready with my report. It was
agreed, therefore, that when my report is ready I shall call
a meeting of the committee, for their final action upon the
reference.

May 30, 1844.

In preparing the report to the House of the select com-
mittee on the Smithson bequest, I found it advisable to
ascertain at the Treasury Department whether any further
payment of interest upon any of the State bonds has been
made into the Treasury since the letter of the Secretary,
John C. Spencer, of 19th February last, referred to the
committee. I called at the Department, and Mr. Young,
the chief clerk and acting secretary, informed me that no
additional payment has been made.

792 MEMOIRS OF JOHN QUINCY ADAMS.

May 31, 1844.

IT finished the draft of a report from the select committee
on the Smithsonian bequest, but, in the process of prepar-
ing it, changed my purpose from the design of reporting
two bills to that of including the whole subject in one.

JUNE 1, 1844.

I had called a final meeting of the select committee on
the Smithsonian bequest, at half-past nine this morning,
and yesterday sent round by one of the pages a notification
to all the members of the committee in the House. I had
also personally notified George S. Houston; but the only
members who attended were Brengle, French. and Yost, to
whom I read the report and bill that I had prepared, both
which they approved, and authorized me to present, after
obtaining the consent of one more member of the com-
mittee, to the House. That consent IL afterwards obtained
from Emery D. Potter, the member from Ohio.

JUNE 5, 1844.

At the House, immediately after the reading of the jour-
nal, I asked leave to present a report and bill from the select
committee on the Smithsonian bequest; but McKay, Chair-
man of the Committee of Ways and Means, moved to sus-
pend the rules and go into Committee of the Whole on the
state of the Union, and refused to allow me time to present
my report and bill.

JUNE 7, 1844.

I presented the report and bill from the select committee
on the Smithsonian bequest, which were referred to the
Committee of the Whole on the state of the Union, and
ordered to be printed.

JUNE 11, 1844.

The compositor of the Globe office sent me proof sheets
of the Smithsonian bequest bill, reported by me from the
committee to the House, in which there were several errors.
I corrected them last evening, and took the corrected bill
back to the office. I requested a proof copy of the report
also, when printed.

DrcEMBER 5, 1844.
I had a morning visit from Robert Owen, of Lanark, a

man with whom [I first became acquainted in London, in
1817—a speculative, scheming, mischievous man.

at

—

i

—

MEMOIRS OF JOHN QUINCY ADAMS. 793

DrcEemBer 6, 1844.

Mr. Robert Owen came again this morning, and mesmer-
ized me for the space of an ‘hour and a half with his luna-
cies about a new organization of society under the auspices
of the two most powerful nations on the face of the globe—
Great Britain on the Eastern and the United States on the
Western Hemisphere. The materials, he says, are abund-
ant, and the arrangements are all of simple and easy execu-
tion. He has prepared a plan in which all the details are
set forth with the minutest accuracy. It is now in the
hands of Mr. Packenham, but he will ask him to return it,
and will communicate it to me for my examination. Itisa
plan for universal education, for which the Smithsonian
fund may provide the means without interfering at all with
my views. After the establishment of the system, there
will be no war, and no such thing as poverty. Universal
competency will be the lot of all mankind, and want will be
unknown.

All this [ had heard twenty-five years ago, and the hum-
bug is too stale.

JANUARY 15, 1845.

Mr. Woodbury’s discourse last evening was of about two
hours’ duration, delivered with great rapidity, replete with
various and minute details of modern and especially Amer-
ican improvements in the arts and sciences, physical, moral,
political, and intellectual, tinged throughout with the worm-
wood of Democracy, like ocean brine boiled down to freshen
it, with a mawkish tang of the salt remaining in the taste.
It was a defence of our national character against the re-
proach of neglecting the progress of science. He drew
from the nature of our Democratic Government the infer-
ence that scientific improvement must be the result of indi-
vidual exertion and private enterprise, and enumerated a
great multitude of American inventions, from Fulton’s
steamers and Whitney’s cotton-gin to the Western Railro ad,
the Fairmount Water Works at Philadelphia, and the
Croton Aqueduct at New York.

Then he touched lightly upon the promotion of science
which the Government has actually patronized—the survey
of the coast, the astronomical observatory, and the explor-
ing expedition. He made out, on the whole, a very good
case, and closed with a liberal exhortation to Congress to
foster science within the constitutional limitations, and to
interweave together the capabilities of the National Institute
and the Smithsonian fund. Immediately after he closed,

794 MEMOIRS OF JOHN QUINCY ADAMS.

W. W. Seaton took the chair of the meeting, a vote of
thanks was passed for the discourse, with the request of a
copy for publication, and the meeting was dissolved.

JANUARY 28, 1845.

The House had been some time in session when I took
my seat. A bill from the Senate to establish the Smith-
sonian Institution had been received, read, and referred to
the Committee of the Whole on the state of the Union.

Frsruary 10, 1845.

Robert Dale Owen had introduced a substitute for the
bill from the Senate to dispose of the Smithsonian bequest.
Without reading, it was ordered to be printed, and referred
to the Committee of the Whole on the state of the Union.

Marcu 38, 1845.

Owen and Burke made desperate attempts to force down
a swindling Smithsonian bill, which I barely succeeded in
defeating.
Apri 4, 1845.

I find it impossible to carry out the resolution formed
during the session of Congress, to devote the recess to sub-
jects of public interest which I was then compelled to over-
look. I have, indeed, disposed of two of them for the
present; but the rescinding of the gag-rule, the Jackson
fable of the Erving Treaty with Spain, the Smithsonian be-
quest, the controv: ersy between Massachusetts and South
Carolina, the new States of Texas, Iowa, and Florida, the
Territories of Nebraska and Oregon, and the errors of the
sixth census—all subjects which I did intend thoroughly to
sift before the next session of Congress, they are slipping
through my hands.

APRIL 11, 1845.

Mr. George Bancroft, now Secretary of the Navy, called
on me this morning, and again in the evening, and I had
two long conversations with him, on subjects connected
with the Navy Department, the Observatory, the magnetic
apparatus and observations, the Smithsonian bequest, and
the National Institute, and ‘finally upon Mr. Lewis’ catop-
trical light-house lamps and the Patent Office. He asked
for advice with regard to the Observatory, and the magnetic
observations, which are suspended.

My advice was: 1. To build a dwelling-house adjoining
the Observatory. 2. To order immediately the resumption

a

MEMOIRS OF JOHN QUINCY ADAMS. 795

of the magnetic observations. Much, too much, loose and
desultory conversation besides, to be very much restricted
hereafter. Mr. Bancroft protesses great zeal to make some-
thing of his Department. I heartily wish he may. He in-
tends to be a hard-working man. Practice should follow
and realize theory. Drop the anchor, Hope!

APRIL 380, 1845.

Between one and two, afternoon, Mr. McClintock Young,
chief clerk of the Treasury Department, sent me word that
the Secretary was in his office, and would see me. I went
immediately, and found the anteroom and the entry before
his door crowded with persons waiting for admission—four
out of five, if not all, place-hunters. The doorkeeper
opened the door for me, and Mr. Walker received me with
civility. I had about half an hour’s conversation with him
concerning the Smithsonian bequest, and gave him my rea-
sons for arresting in the House of Representatives, on the
last night of the session, the bill which had passed the
Senate. I mentioned to him my objection to the organiza-
tion of the board of managers, qualified as a committee of
Congress, but a majority of whom, though elected as mem-
bers, three from the Senate by their President and three
from the House by their Speaker, would be no longer mem-
bers when called to act as members of the Institution. I
told him of the absurd amendment proposed in the House
to the bill from the Senate, by Robert Dale Owen, of Indi-
ana, and the desperate plunges made by him, and by Burke,
of New Hampshire, to force the bill upon the House in its
last agonies, and the selfish purpose transparent through
their motions—Burke’s, made close upon the midnight
hour, to take it out of committee in ten minutes.

Mr. Walker, after referring to his agency heretofore as a
member of the National Institute, which was unsuccessful,
said that his preference for the employment of the fund was,
first, for an astronomical observatory on my plan; and, sec-
ondly, for a large library, chiefly of such books as are not
to be found in other public libraries. He would cheerfully
co-operate, as far as he might be able, to carry such a pur-
pose into effect. He agreed with me that a corporation,
and not a committee of ex-members of Congress, was the
proper organization for the management of the fund, and
that measures should be taken for redeeming the principal
and interest from the State of Arkansas. I left him with a
lingering hope that something may be done for the disposal
of the bequest at the next session of Congress.

796 MEMOIRS OF JOHN QUINCY ADAMS.

DerceMBER 30, 1845.

A report was received from the Secretary of the Treasury
in answer to a resolution inquiring why certain sums of
money due to the State of Arkansas had been withheld
from payment; and the answer is that it had been by virtue
of a joint resolution of the 3d March last, providing that
whenever any State shall have been, or may be, in default
of the payment of interest or principal on investments in
its stock, or bonds held by the United States in trust, it
shall be the duty of the Secretary of the Treasury to retain
the whole, or so much thereof as may be necessary, of the
percentage to which such State may be entitled of the pro-
ceeds of the sales of the public lands within its limits, and
apply the same to the payment of said interest or principal,
or to the reimbursement of any sums of money expended
by the United States for that purpose. This provision was
first introduced into an act of Congress by me in 1842, and
is the only check which I believe practicable to an enor-
mous system of swindling and plunder by some of the
Democratic States upon the Treasury of the Union.

JANUARY 23, 1846.

I attended at the Capitol a meeting of the committee on
the Smithsonian bequest. There were present, Owen,
Adams, Jenkins, Marsh, Sims, Davis, and Wilmot—all the
members. The discussion was renewed upon the question
whether the directors of the Institution should be consti-
tuted in express terms a corporation; for which purpose
the chairman, Owen, moved a reconsideration of the de-
cision made at the last meeting. It was again debated, and
again decided to make it a corporation—the vote now being
four to three, Owen, chairman, changing his vote to the
negative, and Sims, of South Carolina, still voting for the
corporation, with the avowed intention of voting against
the whole bill, and declaring his purpose to have the whole
money sent back to the English court of chancery.

I told him that I thought that proposition came rather
late, after the formal acceptance of the bequest, and the
appropriation of the money to other purposes, with a formal
pledge of the faith of the United States that it should be
applied to the objects designated by the donor.

It was, however, the original proposition of John C. Cal-
houn, and will be persisted in by the South Carolina school
of politics and morals to the last, without any idea of re-
turning the money, but with the purpose of defeating any
useful application of it.

oe

MEMOIRS OF JOHN QUINCY ADAMS. 197

I proposed a provision that all the proceeds of the be-
quest be placed in the possession of the Treasurer of the
United States, with a direction that separate accounts of it
should be kept from those of all the other accounts at the
Treasury. This had been done in the act of 1836, which
the committee considered as no longer obligatory, since the
investment of the fund, almost entirely, in stocks of the
United States. The provision itself in the act of 1836 was
questioned, until I produced it; and the provision was now,
at my motion, re-inserted in the present bill. The com-
mittee adjourned to next Friday.

JANUARY 380, 1846.

At ten o’clock this morning I attended a meeting of the
select committee on the Smithsonian bequest. Present, six
members—Owen, Adams, Jenkins, Sims, Davis, Wilmot ;
absent, Marsh, of Vermont, who afterwards told me that it
was because he had forgotten the time of the meeting.
Some progress—very little—was made in the discussion of
Mr. Owen’s bill. In the sixth section provision is made for
a superintendent to take charge of the ground, buildings,
and property belonging to the Institution, and also for the
appointment of a professor of agriculture, horticulture, and
rural economy, and for a distribution among the people of
the Union of fruits, plants, seeds, and vegetables, to be col-
lected by this superintendent with the professor; and gar-
deners, practical agriculturists, and laborers, to be hired
from time to time by him as may be necessary.

I moved to strike out this section, which I consider as a
cumbersome, expensive, and useless burden upon the Insti-
tution. It was connected also with a further project, de-
clared in the seventh section, for the appointment of a nor-
mal branch of the Institution, with an indefinite number of
professors of common school and other scientific instruc-
tion—all which I propose to expunge from the bill. The
discussion was_desultory, and, before taking the question

upon it, some amendments of detail to the sixth section
were proposed, and debated until the meeting of the House,
when the committeee adjourned to next Friday.

Frpruary 13, 1846.

T attended the meeting of the select committee upon the
Smithsonian bequest; all the members present—Owen,
Adams, Jenkins, Sims, Davis, Marsh, Wilmot. Mr. Owen’s
bill was further discussed. The question was taken upon
my motion to strike out the provision for the appointment

798 MEMOIRS OF JOHN QUINCY ADAMS.

of professors of agriculture and horticulture, and for the
establishment of teachers for normal schools, both of which,
however, were carried by a vote of five to two. There was
in the bill an appropriation of five thousand dollars a year
for the formation of a library. I moved to strike out in
this section the word “ five” and insert ‘‘ twenty;” believ-
ing this better adapted to promote and increase the diffusion
of knowledge among men than the waste of the funds to
pay the expenses of schools for children—a duty which I
believe incumbent upon the American people themselves,
who will be disgraced by recurring to a foreigner for charges
which they ought to support themselves.

My motion was, however, rejected, and the committee
were prepared to report the bill as the majority of them
have shaped it. A question was, however, reserved for the
next meeting on Friday next.

FrEsruary 20, 1846.

I attended this morning a meeting of the select committee
on the Smithsonian bequest. Present, Owen, chairman,
Adams, Sims, and Jenkins. There was some further dis-
cussion upon the amendments proposed to the bill, but with-
out coming toaconclusion. The committee adjourned again
to meet next Friday, with a view then to direct the chair-
man to report the bill as amended. I said I should not
object to this, but should not hold myself bound to support
it in the House. Mr. Sims said that his objection to it as
unconstitutional remained in full force in his mind.

FrEesruary 27, 1846.

At ten o’clock this morning I attended a meeting of the
select committee on the Smithsonian bequest. Present,
Owen, chairman, Adams, Sims, Jenkins, Marsh, and Jeffer-
son Davis; absent, Wilmot. The chairman, conformably
to the order adopted at the last meeting, had prepared a
report to be submitted with the bill to the House. It con-
tained a statement of the embezzlement of the fund by in-
vesting it in the stocks of the States of Arkansas, Illinois,
and Michigan. I had moved to have this statement made
and provided for in the bill; but, excepting Mr. Marsh, no
other member of the committee would consent toit. They
were unwilling to uncover the nakedness of the States.
They consented, however, with reluctance, to have it made
in the report, which Mr. Owen had rather awkwardly done,
with an expression of the opinion of the committee that

ip oe eines

4
j
;

ee

|

MEMOIRS OF JOHN QUINCY ADAMS. 799

there would be no ultimate loss to the United States of the
funds thus invested.

I moved to strike out of the report this expression of
confidence, which I could not honestly avow. It was accord-
ingly struck out, leaving a bare statement of the facts to be
made.

The chairman was directed, in presenting the report and
bill, to move that they should be printed and made the
special order of the day for the second Tuesday in April.
The committees of the House upon this subject have here-
tofore been unanimous in the reports—all which have been
made by me. But the House has never been prevailed upon
to take them into consideration. In this committee no two
members, excepting Mr. Marsh and myself, have agreed in
opinion with regard to the future management of the fund.
I doubt if there will be more harmony in the House, for
never was there a benevolent and charitable purpose more
unfortunately endowed than that of James Smithson, en-
trusted to the good faith and intelligence of the North
American Congress.

APRIL 22, 1846.

At the House, the bill to establish the Smithsonian Insti-
tution for the increase and diffusion of knowledge among
men was taken up in Committee of the Whole on the state
of the Union—Armistead Burt, of South Carolina, in the
chair. It was read through for information, and then taken
up by sections for amendment.

George W. Jones, of Tennessee, moved to strike out the
first section; that is, to reject the bill.

Robert Dale Owen delivered an hour speech in support of
the bill, dwelling chiefly upon the parts of it appropriating
funds for the education and training of teachers for normal
schools throughout the Union—in my opinion the worst
feature of the bill.

Jones’ objection was chiefly to the organization of the
trustees of the fund as a corporation, which he contended
was not within the constitutional power of Congress to
create. After Owen’s speech, Jones withdrew his motion
to strike out the first section, and moved to amend by a sec-
tion authorizing the whole bequest to be returned to the
heirs at law, or next of kin, or residuary legatees of Smith-
son, or their authorized agents, whenever they shall demand
the same. That is to say, to deliver to them the State
bonds of the State of Arkansas, Illinois, and Michigan,
upon which neither interest nor principal is, or is soon likely

800 MEMOIRS OF JOHN QUINCY ADAMS.

to be, paid. This is Mr. Jones’ favorite mode of dispos-
ing of a fund accepted by the Congress of the United States
with the pledge of their faith that it should be appropriated
to the purposes prescribed by the donor. This motion was
discussed by the mover, by Joseph R. Ingersoll, by F. P.
Stanton of Tennessee, by William Sawyer of Ohio, and by
Jefferson Davis of Mississippi; after which the committee
rose without coming to a conclusion.

APRIL 23, 1846.

At the House, Linn Boyd moved a resolution to close
debate in Committee of the Whole on the state of the
Union on the Smithsonian bequest bill in half an hour after
taking it up in committee. Joseph R. Ingersoll pleaded for
an hour and a half. James Graham, of North Carolina,
moved to lay the resolution on the table; which was done,
and the House went into committee again, Armistead Burt
in the chair, and resumed the consideration of the bill.

Charles J. Ingersoll informed the House that the mana-
gers of the conference upon the notice of disagreement had
unanimously agreed upon a report, but that it could not be
communicated to this House until it should have been acted
upon in the Senate.

George P. Marsh, of Vermont, made an hour speech upon
the Smithsonian bequest bill—one of the best speeches ever
delivered in the House, but not much in support of the bill.
His desire is to apply a very large portion of the annual in-
terest upon the fund to the establishment of a publie library.

Isaac E. Morse, of Louisiana, followed, to whom Owen
replied, and was followed by John 8. Chipman, of Michi-
gan, against the bill. The committeee rose, and Owen
moved a resolution to close the debate in Committee of the
Whole. Joseph R. Ingersoll moved to amend by inserting
three hours; but the resolution itself was laid on the table,
ninety-three to forty-four. Owen asked if a resolution al-
lowing an hour and a half would be acceptable.

I requested him not to renew the question in any form, as
I wished to offer a substitute for the whole bill. Objection
was made to this. I moved a suspension of the rules—
which was carried. I proposed my substitute which I had
prepared this morning; it was referred to the Committee of .
the Whole on the state of the Union, and ordered to be
printed. The consideration of the bill was then postponed
to next Monday.

MEMOIRS OF JOHN QUINCY ADAMS. SOL

APRIL 28, 1846.

Committee of the Whole on the state of the Union, Ar-
mistead Burt in the chair, on the Smithsonian bequest bill.
Sims, of South Carolina, opposed the bill in every shape
and form it could assume. He held Congress had no power
by the Constitution to accept such a trust, and was for re-
turning the money to the chancery of England.

I made a desultory speech in support of the substitute
proposed by me for the bill. They were both debated till
the committee rose without coming to a conclusion, and
other amendments were proposed. George W. Hopkins, of
Virginia, moved a resolution to close the debate in Commit-
tee of the Whole in one hour after it should be next taken
up—which was carried, by means of the previous question,
and the House adjourned.

51

ACCOUNT OF THE

UNITED STATES TREASURY

WITH THE

SMITHSON FUND.

FRomM THE Books oF THE TREASURY DEPARTMENT.

803

804 TREASURY ACCOUNT WITH

Dr.

THE STATE OF ARKANSAS, on account of the bonds of said
sonian Institution, under the 6th section of an act of Congress,
in trust, for the uses specified in the last will and testament of

Auditor’s Report, No. 103,877:

For amount of said bonds, No. 1 to 500, of
$1,000 each, dated January 1, 1838, payable
26th October, 1861, purchased per Warrant
No. 9512, 4th September, 1838, at 99%, per
cent., bearing 6 per cent. interest from Sep-
tember,/5/1 838 at aicOst Ole =a eee ees

For amount of said bonds, No. 401 to 410, of
$1,000 each, dated January 1, 1838, payable
Ist of January, 1868, purchased per Warrant
No. 10352, 29th December, 1838, at par, bear-
ing 6 per cent. interest from Ist of January,
1839 ata cost) Of-= oo se ee ee

For amount of said bonds, No. 282 to 294, of
$1,000 each, dated January 1, 1838, payable
Ist January, 1868, purchased per Warrant
No. 1949, 6th July, 1839, at 98} per cent.,
bearing 6 per cent. interest from Ist July,
1839 satiaicostiol= = —2. eee eee

For amount of said bonds, No. 359 to 373, of
$1,000 each, dated January 1, 1888, payable
Ist of January, 1868, purchased per Warrant
No. 5859, 21st September, 1840, at 69} per
cent., bearing 6 per cent. interest from Ist
July, 1840, at.acestof--- 32. A aes

Costses22 ee ee ee ee re

Principal...) 2 22 ee ee

For amount of interest, on said bonds, to 31st
December, 1849, viz:

On $500,000, from 5th of September, 1838, to
SilstDecember 1849 22 ae eee eee

On $10,000, from Ist of January, 1839, to 31st
Decemberla S491 Lk ae eae ees

On $13,000, from Ist of July, 1839, to 31st De-
Cemiber slSs9ee wis Roe oe ee ee

On $15,000, from Ist of July, 1840, to 31st De-
Gember,. 1649.4. 2 a ie eee

Cost.

$499,500 00

10,000 00

12,837 50

10,555 00
$532,892 50

339,619 57
6,600 00
8,190 00
8,550 00

Par value,

$500,000 00

10,000 00

13,000 00

15,000 00

$538,000 00

862,959 57

$900,959 57

es

THE SMITHSON FUND. 805

Cr.

State, purchased as an investment of moneys belonging to the Smith-
approved July 7, 1838, in account with the Secretary of the Treasury,
James Smithson.

By amount received for interest accruing on
said bonds, covered by the following warrants
in favor of the Treasurer, viz:

Part of Warrant No. 3212, dated 29th Decem-

ber less—depositi=ss=2.2-—— —- = et ale $9,619 57
Part of Warrant No. 3597, dated Ist July,

1eS9—“deposity ease = aoe bee 15,500 00
Part of Warrant No. 276, dated 3d February,

Te40 — Gepositre- sa ae acl se cbt es 15,690 00
Part of Warrant No. 502, dated 30th July,

tS40—“depositte=seee foo oo 8 15,690 00
Part of Warrant No. 789, dated Ist February,

Ue di Ge nOsity= == eee sa Sse ee es mes 16,140 00
Warrant No. 948, dated 80th June, 1841—

GemOnit eee te ee es son eee ete ee Ss ak 5,000 00
Part of Warrant No. 1058, dated 7th August,

1Sdi—— deposits.) 225 <2 ee sa oe he ee ea ek elie 10,000 00
‘Warrant No. 1085, dated 18th September, 1841,

cepesityes= S22 eee pg Dyed epi 2 tes eee ~— 1,140 00

Warrant No. 1599, dated 13th December, 1842,
distributive share of proceeds of sales of pub-
eMac se eteenee a at oe A ren eeed iemetron eo Ts 4,482 79
Warrant No. 1782, dated 20th April, 18438—
distributive share of proceeds of sales of pub-
ecole ds: sea Se a Seo eee eee nee 529 37
Warrant No. 2558, dated 2d May, 1845—5 per
cent. on net proceeds of sales of public lands
RNC LOS Le ho ee mre erm ese ee eee pe Se 7,617 56
Warrant No. 2681, dated 23d August, 1845—
5 per cent. on net proceeds of sales of public
landsmnithe|state== == 22s ee esos on Sia eee 1,788 76
‘Warrant No. 3505, dated 5th April, 1847—5
er cent. on net proceeds of sales of public
ands inthe State =... -2 ewe 33 ks ee eee 870 62
Warrant No. 3699, dated 7th July, 1847—5 per
cent. on net proceeds of sales of public lands
ANMONGRS LALO Me =n sae oe ee eneseeeeaes 2,609 28

$106,477 95

By balance due from the State of Arkansas, viz:

For principal of said bonds-_---------------- $538,000 00
Interest to 3lst December, 1849___----~-- 256,481 62
2 a 794,481 62

$900,959 57

806 TREASURY ACCOUNT WITH

Dr. Arkansas Account—Continued.

Auditor’s Report, No. 113,529:
To balance due from said State, per Report No.
103,877 = 2 2. 2S ee a ee eee oe $794,481 62
To interest on $538,000, being the amount of
principal of said bonds, from January 1,
1850, to December 31, 1853, at 6 Sper cent. per
cent. periannum: =< = S22 ee a ee Eee 129,120 00

$923,601 62

No. 116,528:
To balance due from said State, per Report No.
AVBSOZ9 ooo oo Ro aes Se re ee eae $899,636 32
To interest on $538,000, being the amount of
principal of said bonds, from Ist of January
to 31st of December, 1854, at 6 per cent. per
TN TN UATE Sr a 82,280 00

$931,916 32
No. 127,145:
To balance due from said State, per Report No.
LG 523 See eee ee ee $918,456 03.
To interest on $538,000, being the amount of
principal of said bonds, from Ist of January,
1855, to December 81st, 1856, 2 years, at 6
per cent per annWiMiS=== >= eee a ee a 64,560 0O
$983,016 03:
No. 188,174:
To balance due from said State, per Report No.
DCR ieee ee eee ee $974,702 8&

To interest on $538,000, being the amount of
principal of said bonds, from January 1, 1857,
to December 31, 1859, 3 years, at 6 per cent.
per annum “0 oe soe See ee ee eee eee 96,840 00

$1,071,542 8&

THE SMITHSON FUND.

Arkansas Account—Continued.

By amount received for interest accruing on
said bonds, covered by the following warrants
in favor of the Treasurer, as per statement of
the Register of the Treasury, viz:

No. 6013, dated May 28, 1849_____._....__ $8,896 73
No. Gi; dated June:3; 1850 -- 1+ ne 3,009 71
Woxd4).dated July 19,1851 _-=----_-___ 3,617 06
No. 9, dated November 10, 1852 ______._____. 8,941 80

By balance due from the State of Arkansas,

viz:
Hor princinalwofaponds === s.— 2-2-5 —.-==—5——— $538,000 00
if] OPPINLOR eS feeeeeeea an ae aos Seek 861,636 82

By amount received for interest accruing on

said bonds, covered by the following warrants

in favor of the Treasurer, as per certificate

of the Register :
Nowe datcdeApriliG sl8h4o 22 ees ee ose $3,271 60
INO» 27, dated October 3, 1854-2 -2_. .- <= - 10,188 69

By balance due from the State of Arkansas,

viz:
Hor principal ofbonds.—=-<22—2.---. =.=... --- $538,000 00
Hor interest 222 o-oo RR, SS 880,456 03

By amount received for interest accruing on

said bonds, covered by Warrant No. 102 in

favor of the Treasurer, dated June 28, 1856----------_--
By balance due from the State of Arkansas,

viz:
‘For principal of-bonds-—.===..-...-.-........ $538,000 00
Morsintenes(=s-—= == = 436,702 88

By Warrant No. 20 in favor of the Treasurer,

Ge tedrd AH WAN Vidi, GOG)== === cae ae eee
By balance due from the State of Arkansas,

viz:
For principal of said bonds___-..------------ $538,000 00
IHODM Cres pee sen en eee eee 514,842 09

807

Cr.

$23,965 30

899,636 32
$923,601 62

$13,460 29

918,456 03
$931,916 32

$8,818 15

974,702 88
$983,016 03

$18,700 79

1,052,842 09
$1,071,542 88

808 TREASURY ACCOUNT WITH

Dr. Arkansas Account—Continued.

Auditor’s Report, No. 146,387:
To balance due from said State, per Report No.
138,174 cane ee eee ee $1,052,842 09
To interest on $588,000, being the amount of
principal of said bonds, from January, 1860,
to January 1, 1863, 3 years, at 6 per cent. per
annum’ 2— 235 S22 te os Bene SESS ee ee 96,840 00

$1,149,682 09

No. 148,045:
To balance due from said State, per Report No.
146,887 2> =< > a 2 os a an a ee Se $1,149,682 09
To interest on $538,000, being the amount of
principal of said bonds, from January 1 to
June 30, 1863, at 6 per cent. per annum ---.-__.---_-__- 16,140 00

$1,165,822 09

No. 172,750:
To amount due from said State, per Report No.
DAS O45 c= a ee a ls $1,146,187 384
To interest on $538,000, being the amount of
principal of said bonds, from July 1, 1863, to
Deeember-81 (STS69s ie: soo kee ee eee ee 209,820 00

$1,356,007 34

No. 199,302:
To amount due from said State, per Report No.
142 060 t eee Oe eee See ee a en $1,290,065 53
To interest on $538,000, being the amount of
principal of said bonds, from January 1,
1870;stomDecember'3] 18/5225 2 = en ee ee 193,680 00

$1,483,745 58

THE SMITHSON FUND. 809

Arkansas Account—Continued. Cr.
By balance due from the State of Arkansas,
VIZ:
For prineimal of \bonds.-......:-..----.3==<. $538,000 00
WOMANLCLeS base aee ee ane meee a aes kana 611,682 09
$1,149,682 09

$1,149,682 09

By Warrant No. 116 in favor of the Treasurer,

Gaped RAtreuRGNS S68" ease Tiet Woosh os ee Se $19,634 75
By balance due from the State of Arkansas,

viz:
Horprincipalor POnGs.-—2422 22.2 2..52-.- $538,000 00
HOMINLeeS basse eee oe cee 608,187 34

1,146,187 34
$1,165,822 09

By Warrant No. 187 in favor of the Treasurer,

dated) 30thi September, 1860s2255—- = 2-52. --2 === $65,941 81
By balance due from the said State of Arkan-
sas, ViZ:
Hor principal’ of bonds. 322-222. -------=-- $538,000 00
FOPSINtCLeS base oe eae 752,065 538
——_———— 1,290,065 53

$1,356,007 34

By balance due from the said State of Arkan-

sas, Viz:
Hor principalvof bonds... .-==.----- ..--~.-~. $538,000 00
Morainberest pesos cl a eee ine eeeoss 945,745 53
—————_ $1,488,745 53

$1,483,745 58

810 TREASURY ACCOUNT WITH

Dr.

THE STATE OF MICHIGAN, on account of the stock of said
sonian Institution, under the 6th section of an act of Congress,
im trust, for the uses specified in the last will and testament of

Auditor’s Report, No. 103,878:

For amount of 8 ‘special certificates’? of the stock
of said State, No. 76 and No. 86 to 92 inclusive,
dated Ist May, 1838, for $1,000 each, payable on the
first Monday in July, 1858, or at any time thereafter
that the State may choose, purchased per Warrant
No. 10,146, November 23, 1838, at par, bearing 6
per cent. interest from Ist May, 1888—cost-_-- ----

For interest from Ist May to 28d November, 1838—
COSt SESS e SS Ree ne ee ene ae oe eee ee

For amount of interest accruing on said certificates
from Ist May, 1838, to 3lst December, 1849

No. 118,547:

To amount due from said State, per Report No. 103,-
878
To interest on said bonds from 1st January, 1850, to
December 31, 1853, at 6 per cent

Cost. Par value.

$8,000 00 $8,000 00
270 67

$13,600 00

cha $8,000 00
ie 2 a 1,920 00

$9,920 00

THE SMITHSON FUND. 811

Cr.

State, purchased as an investment of moneys belonging to the Smith-
approved July 7, 1838, in account with the Secretary of the Treasury,
James Smithson.

By amount received for interest on said certificates,
covered by the following warrants in favor of the
Treasurer, viz:

Part of Warrant No. 3212, dated 29th December,

S382 epositpeset ase s sea a oo aoe tasueo encase $320 00
Warrant No. 38598, dated Ist July, 1839—deposit-_------_-_---- 240 00
Part of Warrant No. 276, dated 8d February, 1840—

CLOGS es 240 00
Part of Warrant No. 502, dated 18th July, 1840—

deposits sass sae== sea a=- Se ee ee ee 240 00
Part of Warrant No. 789, dated 1st February, 1841—

dG WOSi tee ee eee ee aaa esa cicck ces See 60 00
Part of Warrant No. 1058, dated 7th August, 1841—

GOS tee ee ena ean ene scenes 420 00
Warrant No. 1593, dated 26th November, 1842—dis-

tributive share of proceeds of sales of public lands_-_-.------ 480 00
Warrant No. 1780, dated 20th April, 1843—distribu-

tive share of proceeds of sales of public lands_-_------------ 240 00
Warrant No. 2679, dated 238d August, 1845—5 per

cent. of net proceeds of sales of lands in said State_-..------. 1,200 00
Warrant No. 2876, dated 10th February, 1846—5 per

cent. of net proceeds of sales of land in said State_-_-----~--- 59 93
Warrant No. 8503, dated 5th April, 1847—5 per cent.

of net proceeds of sales of land in said State-_-~-----.------ 660 O7
Warrant No. 3697, dated 7th July, 1847—5 per cent.

of net proceeds of sales of land in said State__.------------- 240 00
Warrant No. 4849, dated 20th September, 1848—4 per

cent. of net proceeds of sales of land in said State ----------- 480 00
Warrant No. 5009, dated 23d May, 1849—5 per cent.

of net proceeds of sales of land in said State------------ ---- 240 00
Warrant No. 69, dated 19th June, 1850—5 per cent.

of net proceeds of sales of land in said State__-------------- 480 00
PAmountiofaintenestimecenved ease eee. — see esa aa ane $5,600 00
By balance due from the State of Michigan, for the

principal of said certificates___. .--------------------------- 8,000 00

$13,600 00

By amount received for interest on said stocks, covered
by the following warrants in favor of the Treasurer,

viz:
No: Uivdated July 16, 1851 __-....-------------=-- $720 00
Now 21; dated May 4, 1852 _......----. -----.------ 240 00
ae $960 00
By balance due from the State of Michigan:
For the principal of said stock__.------------------ $8,000 00
For interest to 81st December, 1853 ---------------- 960 00
—— 8,960 00

$9,920 00

812 TREASURY ACCOUNT WITH

Dr. Michigan Account—Continued.
Auditor’s Report, No. 127,148:
To amount due from said State, per Report No. 113,-
541 WW. another -- $8,960 00
To interest on said bonds from Ist January, 1854, to
December 81, 1856; at'6\per cent... +52 2-5 2 = ea ee Oe
$10,400 00
No. 133,350:
To amount due from said State, per Report No. 127,-
4G eo ee ee eee $8,240 00
To interest on said bonds from Ist January, 1857, to
July 4, 1868, .at\6 pericentss 2. = ee ee eee 720 00
$8,960 00

Account closed.

THE SMITHSON FUND. 813

Michigan Account—Continued. Cr.

By amount received for interest on said stocks, covered
by the following warrants in favor of the Treasurer,

viz:
Wor Jngated Aprilg, lootessess 292 oe $959 51
No o0vdated July, 19) 185520-422--2-52 2 cpa 720 49
INioo0} dated October 25, 1856. --_____=-.___.-..- 480 00
——_———. $2,160 00
By balance due from the State of Michigan:
Hor the principal’ of said stock. =. 2-2-2 isaas25— $8,000 00
or imtctesbaaseeaenasee eee te 2S oko sS aes 240 00
— 8,240 00
$10,400 00

By amount received for principal and interest of said
stocks, covered by the following warrants in favor
of the Treasurer :

INomliiyaated AucUSt Ale je soos eee ce $480 00
No: 151, dated: November 26, 1858\-_-2—.--2-*_-____ 480 00
No. 149, dated November 24, 1858 _..-.-...-.-.---- 8,000 00

$8,960 00

$8,960 00

Account closed.

814 TREASURY ACCOUNT WITH

Dr.
THE STATE OF ILLINOIS, on account of the bonds of said

sonian Institution, under the 6th. section of an act of Congress,
in trust, for the uses specified in the last will and testament of

Auditor’s Report, No. 103,879: Cost. Par value.

For amount of said bonds, viz: Nos. 70, 71, 738, 74,

and No. 81 to 89 inclusive, dated 31st July, 1837,

payable at the pleasure of the State after the year

1860; Nos. 2457, 2459, and 2460, dated Ist January,

1838, payable at the pleasure of the State after the

ist January, 1870; Nos. 2629, 2632, 2634, 2636, 2639,

2646, 2658, 2660, ” 2661, and 2664, dated Ist July,

1839, payable at the pleasure of the State after 1st

January, 1870—in all, 26 bonds of $1,000 each,

bearing 6 per cent. interest from lst January, 1840,

purchased per Warrant No. 3795, February 3, 1840,

atTosper Cents, (Cost Sap eee wee ae eee ee $18,980 00$26,000 00
For amount of 6 bonds, of $1,000 each, No. 261 to 266

inclusive, dated Ist May, 1840, payable at the pleas-

ure of the State after Ist January, 1870, bearing 6

per cent. interest from Ist July, 1840, purchased p per

Warrant No. 6573, December 3, 1840, at 693 per

cent.—cost, with interest from 1st July to 7th Au-

gust, 1840, ‘paid, $4185 4+ SB 2252. oe ees 4,223 00 6,000 00
For amount of said bonds, viz: No. 1237 to 1246 in-

clusive, dated Ist July, 1839, payable at the pleasure

of the State after the year 1860, and No. 287 to 300

inclusive, dated Ist May, 1840, payable at the pleas-

ure of the State after the 1st January, 1870—in all,

24 bonds of $1,000 each, bearing 6 per cent. interest

from ist January, 1841, purchased per Warrant

No. 7144, February 1, 1841, at 79} per cent.—cost,

with interest from Ist J anuary to Ist February,

1841; paid O19, 0804 120 sess ooo eee 19,200 00 24,000 00

Cost, of which $158 is interest paid_____ _--_..------ $42,403 00

Amountof principal 0. = 2 ee ee ee $56,000 00

For interest accruing on said bonds to 31st December,
1849 :

a $26,000, from 1st January, 1840, to 31st ere
1849

15,600 00
3,420 00

On $24, ae from Ist January, a to 31st December,
TEGRETOL IRN Cs RON 12,960 00
a ar os0r0e

$87,980 00

{
i
|

THE SMITHSON FUND.

Cr.

815

State, purchased as an investment of moneys belonging to the Smith-
approved July 7, 1838, in account with the Secretary of the Treasury,

James Smithson.

By amount received for interest accruing on said
bonds, covered by the following warrants in favor
of the Treasurer, viz:

Part of Warrant No. 502, dated 13th July, 1840—
deposit

Part of Warrant No. 789, dated 1st February, 1841—
deposit

Part of Warrant No. 1058, dated 7th August, 1841—
deposit

Warrant No. 1601, dated 13th December, 1842—dis-
tributive share of proceeds of sales of public lands

Warrant No. 1779, dated 20th April, 1843—distribu-
tive share of proceeds of sales of public lands

Warrant No. 2680, dated 23d August, 1845—3 per
cent. of net proceeds of lands within the State

Warrant No. 8231, dated 1st January, 1847—3 per
cent. of net proceeds of lands sold within the State

Warrant No. 8695, dated 6th July, 1847—3 per cent.
of net proceeds of lands sold within the State

Warrant No. 4518, dated 11th May, 1848—3 per cent.
of net proceeds of lands sold within the State

Warrant No. 4957, dated 14th March, 1849—3 per
cent. of net proceeds of lands sold within the State

Warrant No. 47, dated 23d May, 1850—3 per cent. of
net proceeds of lands sold within the State

By balance due from the State of Illinois:
For principal of said bonds

8,360 00
1,680 00
8,400 00
5,040 00
1,680 00
1,680 00
3,360 00
8,360 00

$31,980 00
56,000 00

$87,980 00

816 TREASURY ACCOUNT WITH

Dr. Iitinois Account—Continued.

Auditor’s Report, No. 113,530:
To amount due from said State, per Report No. 103,-

SiO one ee Se oe $56,000 00
To interest from Ist January, 1850, to 81st December,
1852,,4it) Gapler*eent. ian = Ne ee ee 18,440 00

$69,440 00

No. 127,150:
To amount due from said State, per Report No. 118,-
§80)2 2 ee as eel eh eee Soke ete $62,720 00
To interest on $56,000, the principal of said bonds,
from Ist January, 1854, to December 31, 1856, at 6

POY? Cmte a sR ee A ee CO Sn ae 10,080 090
$72,800 00
No. 136,777 :
To amount due from said State, per Report No. 127, -
LBO neces tas a act tM As So eR Oe ee ee ee $57,680 00

To interest on $56,000, the principal of said bonds,
from Ist January, 1857, to December 31st, 1859, at
Gaperjcent. os bao oe ee ee ee eee 10,080 00

$67,760 00

No. 144,302:
To amount due from said State, per Report No. 136,-
TEE Pa 8S See ee $62,720 00
To interest on $56,000, the principal of said bonds,
from Ist January, 1860, to December 31, 1861, at 6
percent. 2220 22th ee ee eee -- 6,720 00

$69,440 00

THE SMITHSON FUND. 817

Iilinois Account—Continued. Cr.

By amount received for interest accruing on said

bonds, covered by the following warrants in favor

of the Treasurer, viz:
No. 26, dated May’ {fp STD sa IEE Sas ane eo $3,360 00
No. 30, dated May 19, IS oy pene ee et mare 8,860 00

$6,720 00

By balance due from the State of Illinois :
ovprineipalorrbonds 254 4 28 2 ko 2 es oe 000 00
NOI MLe Res tememn cee 2 E 6,720 00

62,720 00

$69,440 00

By amount received for interest accruing on said
bonds, covered by the following warrants in favor
of the Treasurer, viz:

No. 142, dated March eS 54 eee ee ee ee $6,720 00
Nozst dated) duly 19) 1855).- = =. ene 5,040 00
Nos ou dated Anoust 6) 18b6-- 2.22 cee 38,360 00

$15,120 00

By balance due from the State of Illinois:
Bo puree pal OlbOUdS ae caren sone $56,000 00
OR MELELOS be tee ee ee Se Le oe 1,680 00

57,680 00
$72,800 00

By amount received for interest accruing on said
bonds, covered by the following warrant in favor of
? .
the Treasurer, viz:

Nonbl) dated danuary 29) 18582 _- ..__ _-_-_.---.- $5,040 00 $5,040 00
By balance due from the State of Illinois:
Bor principaliot bonds==———--=- =~ 2 = + -- uss 56,000 00
HOTSINtCRes eee ee eee 8 cee eee 6,720 00

—— 62,720 00

$67,760 00

By amount received for interest accruing on said
bonds, covered by warrants in favor of the Treas-
urer, viz:

Nowlbidatede March: 20518602 = 2-5-2 = ee $1,887 12
INowGaGatedeAtpril’3) 1860822225 aS as ee 1,472 88
Nowles dated May) 29) 1860 2.55 222s oo Sooo a 3,360 00
Rartrot No: 14, dated. July 24, 1860-2222 22-2 = 1,680 00
Part of No. 106, dated February 20, 1861__--_--_---- 1,680 00
Part of No. 67, dated November 6, 1861-...--_----- 1,680 00
————— $11,760 00
By balance due from the State of Illinois:
or primetpalior ponds—32—— <a ae eee ee $56,000 00
HOLM tCRES bases ae ae eras ee eee eee 1,680 00
57,680 00

$69,440 00
52 pe

818 TREASURY ACCOUNT WITH

Dr. Illinois Account—Continued.

Auditor’s Report, No. 146,398 :
To amount due from said State, per Report No. 144,-

802 . oo snes ee ee eel $57,680 00
To interest on $56,000, the principal of said bonds,
from January 1 to December 31, 1862, at 6 per cent.-_-------_ 8,860 00

No. 199,745:
To amount due from said State, per Report No. 146,-

8982-2584 Sees eee ee ee ee

To interest on $56,000 from January 1, 1863, to De-

cember 31, 1867, at 6 per cent.—5 years___-.-------_-

To interest on $10,000, January 1 to February 15,
TSS aoe Se Re ass eu te eS es Sa

we ee ee ee ~~ ne ao - e ee

6
To interest on $33,000, January 1 to March 9, 1868_-

Account closed.

$61,040 00

NTA $57,680 00
ain 16,800 00

$75,047 17

THE SMITHSON FUND. 819

Illinois Account—Continued. Cr.

By amount received for interest accruing on said
bonds, covered by warrants in favor of the Treas-

urer :
Part of No. 18, dated January 14, 1862 _.__________ $1,680 00
Part of No. 27, dated February 11, 1863_..________. 1,680 00
————. $3,360 00
By balance due from the State of Illinois:
Horsprincipaltormbondses2 =o 02. ee ee $56,000 00
Hormitterestesmmen ee teem en sans cat oe ke ose 1,680 00
* 57,680 00
$61,040 00
By warrants in favor of the Treasurer :
Part No. 181, dated September 9, 1862-_-__---____-. $1,680 00
Part) No: 80) dated Aumust(8, 1863 22.222 s-2 a se 1,680 00
Part No. 74, dated February 12. 1864 ------______-. 1,680 00
Part. No. 182, dated September 20, 1864 __-_-_------ 1,680 00
Part No. 13, dated January 7, 1865 -------_-------- 1,680 00
ParteNos G2datediulys27, 1865)-222 2k. se 1,680 00
Part No. 174, dated February 8, 1866_._-----_.---_- 1,680 00
No 27/0; dated February 18) 1867—--_.... ____ ===. 3,360 00
No. 763, dated September 30, 1867 --------_-------- 1,680 00
INomG2(; dated) Marchi 24° 1868s es = oes ee 1,680 00
$18,480 00
No. 628, dated March 24, 1868—principal, $56,000 +
AMterEst t HOG (alien = = soe eee cee lo. eceedaee ones 56,567 17

$75,047 17

Account closed.

820 TREASURY ACCOUNT WITH

Dr.

‘THE STATE OF OHIO, on account of the bonds of said State,
Institution, under the 6th section of an act of Congress, approved
for the uses specified in the last will and testament of James

Auditor’s Report, No. 103,881 : Cost. Par vatue.
For amount of one certificate of stock of said State,
No. 3176, for $13,000, dated August 6, 1841, pay-
able at the pleasure of the State after 31st December,
1860, bearing interest at 6 per cent. from Ist July,
1841, purchased per Warrant No. 9084, 7th August,
1841, at 94 per cent.—cost ....----.---- $12,220 00
Interest, 1st to 20th July, 1841, paid_-- 43 33
$12,263 33 $13,000 00

For amount of one certificate of stock of said State, -
No. 3179, for $5,000, dated 7th August, 1841, pay-
able at the pleasure of the State after 81st December,
1860, bearing interest at 6 per cent. from Ist July,
1841, purchased per Warrant No. 9107, 10th Au-
gust, 1841, at 94 per cent.—cost_------- $4,700 00
Interest from 1st to 20th July, 1841, paid 16 67
————— 4,716 67 5,000 00

Cost, of which $60 is interest paid---.-------------- $16,980 00
" Amount of principal. -.—-—--=.--+-__---=-es=--=5-s-==-- $18,000 00
For interest on said principal, $18,000, from Ist July, 1841, to
31st December, 1849, at 6 per cent._-._..--.---.----...------ 9,180 00
$27,180 00

No. 118,528:

To amount due from said State, per Report No. 103,881 -------- $18,000 00
To interest on $18,000, the principal of said bonds, from Ist
January, 1850, to December 81, 1853, at 6 per cent.---------- 4,320 00

$22,320 00

THE SMITHSON FU

Cr.

ND.

821

purchased as an investment of moneys belonging to the Smithsonian
July 7, 1838, in account with the Secretary of the Treasury, in trust,

Smithson.

By amount received for interest accruing on said bonds, covered
by the following warrants in favor of ‘the Treasurer, viz:
Part of Warrant No. 1272, dated 31st March, 1edde sere

No. 1441, dated 9th July, 1842—deposit wtases
No. 1666, dated 6th January, 1843—deposit- --
No. 1886, dated 6th July, 1848—deposit ----__
Part of Warrant No. 2049, dated 4th J anuary,
No. 2255, dated 3d July, 1844—deposit sie
Part of Warrant No. 2446, dated 4th January,
No. 2697, dated 30th September, 1845—deposit

1844—deposit__-

1845—deposit te

Part of Warrant No. 2880, dated 19th Bebruash 1846—deposit-
Part of Warrant No. 3075, dated 31st July, 1846—deposit ~---_

No. 8442, dated 31st March, 1847—deposit____
No. 3849, dated 30th September, 1847—deposit
No. 4278, dated 81st March, 1848—deposit -__-
No. 4857, dated 30th September, 1848—deposit
No. 11, dated 15th January, 1850—deposit--_--
No. 16, dated 8d August, 1850—deposit-~-----

By balance duo, from the State of Ohio:
Hor principal of said bonds2<-=". -225-2......

wen we ee we oe eee

$540 00
540 00
540 00
540 00
540 00
540 00
540 00
540 00
540 00
540 00
540 00
540 00
540 00
540 00
540 00

1,080 00

$9,180 00

seme es == ee oe eee

18,000 00

$27,180 00

By amount received for interest accruing on said bonds, covered
by the following warrants in favor of the Treasurer, viz:

WNiowi2ydatediauly, 29,1850) -2= =

No. 1, dated January 9, LS bees es Jase Sse
INombwdated July 8) 18oty === ssa Sea
Nos 2)dated January 9, 18522--.-.-.---=.-..
Wome naated duly 7, 1852, 222-252 55555522 2o5.
No. 8, dated January 6, 1853-_-----_--------
WNioy84:/dated duly, 80) 1858)2-- 2422. c2L 2.22
iNoy 22, dated: January 17, 18542--....- -=-=.-

—— $540 00
ae 540 00
a 540 00
Sosses 540 00
Sense 540 00

eeeves 540 00

pean 540 00

By balance due from the State of Ohio, Ist January,

1854, viz:
For principal of said bonds_----------- ------

822 TREASURY ACCOUNT WITH

Dr. Ohio Account—Continued.

Auditor’s Report, No. 127,149:
To amount due from said State, per Report No. 113,528-_-._--- $18,000 00
To interest on $18,000, the principal of said bonds, from lst

January, 1854, to December 81st, 1856, at 6 per cent. -.-.---- ,240 00
$21,240 00

No. 144,104:
To amount due from said State, per Report No. 127,149___--.-- $18,000 00

To interest on $18,000, the principal of said bonds, from Ist

January, 1857, to July 1, 1862, at 6 per cent. _----.--_...-. 5,940 00
f $23,940 00

No. 146,395:
To amount due from said State, per Report No. 144,104---.---- $18,540 00
$18,540 00

Account closed.

THE SMITHSON FUND.

Ohio Account—Continued. Cr.
By amount received for interest accruing on said bonds, covered
it the following warrants in favor of the Treasurer, viz:
No. 22, dated January ph Oo des we eee he se. Sey $540 00
No. 3, dated Slbyao looses see eee ae 540 00
No. 3, datedidiamuamy 45) 1856. = 2-22 oe 540 00
Nar ze, Gated wuly 9, 1855 2 540 00
Part of No. 10, dated January 8, 1856 _-___ ._______ 540 00
Partiot No.14, dated July, 8) 1856_-.-_ -. ==. 540 00
$3,240 00
By balance due from the State of Ohio, Ist January, 1857:
ihlorsprincinal orisaide bonds. 222 6225222 s sss Sco aseee eee 18,000 00
$21,240 00
By amount received for interest accruing on said bonds, covered
by the following warrants in favor of the Treasurer, viz:
News dated January TlS867——6. 5-5. 222.28. $540 00
Nos 4i dated July 18; 18670 2--- oss s-sSs.--s 540 00
Wow2taated january 9) 186822—2— 25 eens 540 00
Partiof No: 95; dated! August 2; 1858 --.-...--=-.-- 540 00
Part of No. 15, dated January 7, 1859_...-._______- 540 00
Part of No. 33, dated August 3, 1859 -_--_._.~_-____ 540 00
iRart of Nos 10; dated January 6, 1860)--=—=_- === 540 00
iRartiot Nos 14) dated July 24, 1860L- 22 - ==. 540 00
Part of No. 67, dated November 6, 1861-_---_-_____- 1,080 00
— $5,400 00
By balance due from the State of Ohio:
ior principal of said. bonds==2.. ss 5. = $18,000 00
Or Interes pes see nos oer Se a ee 540 00
SS 18,540 00

we
bo
Cs

$23,940 00

By amount received for interest accruing on said bonds, and
covered by the following warrants in favor of the Treasurer,
viz:

Part of No. 181, dated September 9, 1862 _.---.--.. 540 00
From which deduct amount of Warrant No. 22, im-
properly placed to the credit of said State in account
per Report No. 127,149, the same having been es
viously credited per Report 118,628, $540_.___----
Warrant No. 182 in favor of the Treasurer, dated September 9,
1862; for the'principal of said bonds._-._.--.~---._-__-__._..

Account closed.

824 TREASURY ACCOUNT WITH

Dr.

THE UNITED STATES, on account of stocks of the United States,
Institution, under the 1st section of an act of Congress, approved
in trust, for the uses specified in the last will and testament of James

Auditor’s. Report, No. 103,880 : Cost. Par value.
To amount of certificate No. 66, dated ——-——, of
the loan of 1841, bearing 5} per cent. interest
from 18th September, 1841, purchased per War-
rant No. 9491, dated 27th September, 1841, at a
COS OPS Se Bak ee ee eo eee $1,291 86 $1,291 86

To amount of the following certificates of the loan
of 1842, redeemable after the 31st December,
1862, bearing 6 per cent. interest :

No. 68, dated August 25, 1842_______-- $540 00
No. 64, dated August 25, 1842___-.---- 17 76
No. 65, dated August 25, 1842_-_____-- 540 00
No. 66, dated August 25, 1842_.__--_-- 38 04
$1,135 80
Purchased per Warrant No. 2508, dated 27th Au-
ust; 1842 ale Cost Of nea ee eee eee $1,185 80 $1,135 80
No. 288, dated December 19, 1842____-- $480 00
No. 284, dated December 19, 1842____-- 7,842 79
$8,322 79
Purchased per Warrant No. 3682, dated 29th De-
cember, 1842; /atacost Of. = =. eee ee 8,322 79 8,322 79
No. 448, dated February 2, 1848 ___------ $113 05
No. 444, dated February 2, 1843 -_-.----- 540 00
$653 05
Purchased per Warrant No. 4531, dated 3lst
Mareh 1843) atiaicostvOls=-a=see—-—— es = 653 05 653 06

No. 122, dated January 6, 1845, for $500, purchased
per Warrant No. 488, dated 9th January, 1845,

ab asiCOst Olas ee ee eee ee eee 572 50 500 00
No. 198, dated January 18, 1845 _____-- $100 00
No. 1121, dated January 138, 1845 -____- 1,000 00
No. 1122, dated January 18, 1845 --__-- 1,000 00
$2,100 00
Purchased per Warrant No. 564, dated 14th Janu-
ary, 1845, at's cost Of 2-22 2,404 50 2,100 00

—_ _—————

$13,088 64 $12,711 64

Oarriediovenn 2 ee ee $1,291 86 $1,291 86

THE SMITHSON FUND. 825
Cr.
purchased as an investment of moneys belonging to the Smithsonian

11th September, 1841, in account with the Secretary of the Treasury,
Smithson.

826 TREASURY ACCOUNT WITH

Dr. United States Account—Continued.
Cost. Par value.
Brought forwards 32222 >-ss.es5e eee eeen $1,291 86 $1,291 86
13,088 64 12,711 64
No. 16, dated August 16, 1845_...--_-- $3,000 00
No. 786, dated August 16, 1845______-- 5,000 00
No. 1236, dated August 22, 1845_____-- 1,000 00
No. 255, dated August 22, 1845___.-_-- 100 00
No. 256, dated August 22, 1845___.--__ 100 00
No. 17, dated August 22, 1845_--..___- 3,000 00
No. 787, dated August 22, 1845___.-_-- 5,000 00
$17,200 00
Purchased per Warrant No. 2694, dated 23d Au-
gust, 1840; atiacostof o2ao 222 s- eee oe 19,608 00 17,200 00
No. 1384, dated February 17, 1846_---. $1,000 00
No. 171, dated February 17, 1846 --___- 500 00
No. 304, dated February 17, 1846 -_-_-_ 100 00
No. 305, dated February 17, 1846 -_-__- 100 00
No. 306, dated February 17, 1846 _____- 100 00
No. 307, dated February 17, 1846 --_-~- 100 00
$1,900 00
Purchased per Warrant No. 4355, dated 19th Feb-
ruary, 1846, :atia\costiofs2 2... 2 ee 2,066 26 1,900 00
No. 1514, dated July 31, 1846 -_--_-_-- $1,000 00
No. 378, dated August 1, 1846._-._-_-- 100 00
No. 374, dated August 1, 1846_-_.--__- 100 00
No. 375, dated August 1, 1846_._---__- 100 00
No. 376, dated August 1, 1846_-_----_- 100 00
No. 764, dated August 1, 1846_.__----- 150 00
$1,550 00
Purchased per Warrant No. 5839, dated 31st July,
1846 Nati acost of eee ses se ae woe eee 1,652 69 1,550 00
Cost 2S Serene eee ee eee ae $36,415 68
Principal of loan:of 184202252 sae eee ee eee $33,361 64

Carriedsoverisceacceses ene ee ae aes $37,707 44 $384,653 50

THE SMITHSON FUND.

United States Account—Continued.

827

Cr.

828 TREASURY ACCOUNT WITH

Dr. United States Account—Continued.
Cost. Par value.
Brought forwards: -=-2= 282 toe ae aes $37,707 44 $34,653 50

The following certificates of the loan of 1848, bear-
ing 5 per cent. interest, redeemable after 30th

June, 1853:
No. 1, dated January 1, 1844__-_-_-_-- $131 35
No. 64, dated January 1, 1844____.__-- 100 00
No. 292, dated January 1, 1844_____--- 8,000 00
No. 561, dated January 1, 1844-_...-_-- 1,000 00
$4,231 35
Purchased per Warrant No. 7198, dated 12th Jan-
uary, 1844, atia cost of-s— 2 oo esse 4,231 35 4,231 35
No. 2, dated January 15, 1847, of the loan of 1846,
bearing 6 per cent. interest, redeemable 12th No-
Viemiber, ol SOOe esa sen eee eee $6,200 60
Purchased per Warrant No. 7662, dated 14th Jan-
Wary, LO41, bia COStNOl somes ane eee 6,200 00 6,200 00

The following certificates of the loan of 1848, bear-
ing 6 per cent. interest, redeemable after Ist July,

1868 :

No. 54, dated November 1, 1849 --_..-_- $50 00
No. 131, dated November 1, 1849 -_---- 100 00
No. 867, dated November 1, 1849 -_---- 10,000 00
No. 368, dated November 1, 1849 __---- 10,000 00
No. 1662, dated November 1, 1849 ---_-- 1,000 00

$21,150 00
Purchased per Warrant No. 1088, dated 1st No-

vember, ,1849 vataicost ofc. 2 Joo ees ee ee 24,163 88 21,150 00
Cost and principal of stocks of 1841, 1842, 1843,

PBAG Wand) 1946) 032 2 ee ee eo ee $72,302 67 $66,234 85
Amount of interest accruing on said stocks up to

31st December, 1849—

On certificatesiof loan of 18412222225. $233 40
14D a ey ae ee 10,529 33
S43 eee ee eee 1,267 33
S46 ee ee oe 1,181 28
19482352 oe ee ee 634 50

13,795 84

$80,030 69

THE SMITHSON FUND.

United States Account—Continued.

By part of Warrant No. 2446, dated 4th January, 1845, in
favor of the Treasurer, for amount of principal of certifi-
Gate No: G6.or loan of 1841 \redeemedla se. 2252

By amount received for interest accruing on said stocks to 81st
December, 1849, covered by the following warrants in favor
of the Treasurer, viz:

Part of Warrant No. 1272, dated 3lst March, 1842 $17 76

No. 1505, dated 25th August, 1842__._.__________ 38 04
No. 1665, dated 3d January, 1843_-----_--_______ 113 05
No. 1889, dated 20th July, 1843 _-...-.-________- 363uil

Part of Warrant No. 2049, dated 4th January, 1844 338 87
Part of Warrant No. 2446, dated 4th January, 1845 331 79

No. 2447, dated 4th January, 1845_.----.-_..__-- 24 84
No. 2448, dated 7th January, 1845_--_---. .---___- 803 35
Nior,2682)) dated) 23d Aueust, 1845 -2.----- =. 125 592 91

Partof Warrant No. 2880, dated 19th February, 1846 1,003 13
Part of Warrant No. 3075, dated 31st July, 1846__ 1,060 13

No. 8228, dated 18th January, 1847 --__-_---.__-- 1219
No. 4018, dated 10th February, 1848 _------__---. 2,585 26
No. 48389, dated 14th July, 1848.--.-. _-----__---. 1,292 63
No: 7, dated 80th October, 1849-22 =-- ==._-=_L-- 1,292 63
Nos 4 datedtsth January, 1850==—=2 5222-22-22 22 1,927 18
Nos 24. dated Sth) Aucust, 185022222 2S 2a ee 1,292 63
No. 46, dated 6th September, 1850 ------------~-- 121 61
By balance due from the United States, viz:
ierincipalof stock of 164222522- 224s Eee eos 5 $33,361 64
principal or stock Of, 1843-2. 22-2 eee eas ae 4,231 35
Prineipal of stockiof 1846l222_ 22 =2__2a2" ==. 6,200) 00
Principal of stockiof 1848_.=——— 2 =—- = ==). 21,150 00
$64,942 99

Deduct amount of interest on $7,842.79, loan of
1842, from 13th to 81st December, 1842, twice
paid and covered by warrant ------------------ 24 84

829
Cr.

$1,291 86

13,820 68

64,918 15

$80,030 69

830 TREASURY ACCOUNT WITH

Dr. United States Account—Continued.

Auditor’s Report, No. 113,527:
To amount due from the United States, per Report
No. 103,880, viz:

Principal of stock of 184222 22222522 o 2S eee $33,361 64
1Q45% AZ Het cast A IRE 4,231 35

LSA G SAE NEUE erie te ape Spiced 6,200 00

1 S48 Eee s Anis perk Ly 21,150 00

$64,942 99

Deduct amount of interest on $7,842.79, loan of
1842, twice paid by the United States and covered
by, Warrant see ase ee ee eee 24 84

To interest on $60,711.64, the principal of the stocks of loans
of 1842, 1846, and 1848 from Ist January, 1850, to 31st De-
cembers 1 853atiG; per centiee === 5 =e a ee ane aan eee

To interest on $4,231.35, the principal of the stock of the loan
of 18438, from 1st January, 1850, to 80th June, 1853, at 5 per

To amount of 6 per cent. United States stock of the loan of
1848, purchased per Warrant No. 1766, dated January 28,
1850; atiaicost oft$2;491 5022) 25 22 2 eee

To interest on $2,200 from 1st January, 1850, to 3lst Decem-
ber; 1853, atiG: per cent\222) oo ee oe eee eee

To amount of same stock, purchased per Warrant No. 2728,
dated June 6, 1850, at a cost of $3,841.62_--__-._--__--___-

To interest on $2,850 from 1st July, 1850, to 8lst December,
UB5s 7 aitvON OTs COMrep reek a arene re teeter eae ee eee eee

To amount of same stock, purchased per Warrant No. 2736,
dated June 10, 1850, at a cost of $2,989.88 _-___. _-____-___

To interest on $2,550 from 1st July, 1850, to 31st December,
1353 jatiGiper\Centwes anew ee ne eee nee eee

To amount of same stock, purchased per Warrant No. 3105,
dated August 19, 1850, at a cost of $5,393.13 __-_-_---------

To interest on $4,650 from Ist July, 1850, to 31st December,
S53 et lOMpeliCCNta = aa nae =e een a ees

To amount of 6 per cent. stock of the loan of 1846, purchased
per Warrant No. 5854, dated November 19, 1851, and 6236,
dated January 9, 1852, at a cost of $13,887.50_.-----------

To interest on $18,000 from 1st July, 1851, to 31st December,
1853; 20/6 Pel Cente saan ae ee ee eee

To amount of 6 per cent. stock of the loan of 1842, purchased

er Warrant No. 9019, dated 29th March, 1853, at a cost of
1G;928:86 25 oso ee eee ee cane eee

To interest on $14,700 from Ist January to 31st December,
1853, 'at'6 per cent. :< —=< S22 oe a a eee ene

$64,918 15
14,570 79
740 47

2,200 00
528 00
2,850 00
598 50
2,550 00
585 50
4,650 00
976 50

13,000 00
1,950 00

14,700 00
882 00

$125,649 91

THE SMITHSON FUND.

United States Account—Continued.

By amount of Warrant No. 35, dated July 30, 1853, in favor
of the Treasurer, for amount of principal of the following
certificates of United States stocks redeemed of the loan of
1848, viz:

No. 1, ‘dated panarvel 1 S4ae is ees Coe $181 385
Now64 dated. January], 1844... .2.-....--.._-__ 100 00
INow292 dated. January J 1844... es . 8,000 00
INO} 561); dated| January 1, 1844___-_- = 1,000 00

By interest from 1st January to Ist July, 1853-_-_----__-___

‘To amount of interest accruing on said stocks to 3lst Decem-

ber, 1853, covered by the following warrants in favor of the
Treasurer, as per statement of the. Register of the Treasury
herewith, viz:

No. 2 , dated piulivgore! SOOM abe: ko eee $1,993 18
No. 2) datediwanuary 9, 1851 2-2-5... =... s-+-2 2,269 79
Wome, datedrduivee, tools == 2 222 2 ac 2,294 63
No. 1, dated January OSG DR sees oa ok eee 2,684 63
No. 2, dated July 7, Ap ape easeai 2,684 63
No. 2, datediJianuaryrGyl8b3d=22— =. S52 2,684 63
IN@zS5, dated July 30; 1853) 2 =".—---.----===.-.- 3,019 85
No.2 dated’ January 17, 1854---.-_----_......- 8,019 85

By balance due from the United States on the Ist of January,
1854, viz:

rimcmpaltor. stock, o1 1842. — 23-2 Ok le 8 3S $48,061 64
Principalor stock of 1846220 — 2252-22-22 2. -.-- 19,200 00
EPrincipal of stock. of, 1848222220 2-- t= <2 .-+- == 83,400 00

831
Cr.

$4,231 35
105 78

20,651 14

100,661 64

$125,649 91

832 TREASURY ACCOUNT WITH

Dr. United States Account—Continued.

Auditor’s Report, No. 127,153:
To amount due from the United States, per Report
No. 118,527, viz:

‘Principal of ‘stockjot 1642-925 =o) see ee eee $48,061 64
Principal of stock’of, 1846-2- =. -- Sse es eee 19,200 00
Principal of ‘stock of 1848222 2222252 22 eee eer 33,400 00

$100,661 64

To interest on $100,661.64 from Ist January, 1854,
to: July, | 1856-02-22 2 se eS eee $15,099 25
To interest on $81,461.64 from Ist July to Decem-
ber'Sl, WShG ee Ss eee ee eee 2,443 85
To interest on $19,200 from 1st July to November
12 S66 22 ea ee ae eo ee ee ee eee 422 61
--———— 17,965 71

$118,627 35.

No. 144,121:
To amount due from the United States, per Report No. 127,153 $81,461 64
To interest on $81,461.64 from January 1, 1857, to December
81,1861) at 6 per.cent. ee ee ee re 24,438 49

$105,900 1%

No. 146,408 :
To amount due from the United States, per Report No. 144,121 $83,905 48
To interest on $81,461.64, the principal of said bonds, from
January 1 to December 31, 1862, at 6 per cent.------------ 4,887 70

$88,793 18

THE SMITHSON FOUND.

United States Account—Continued.

By amount of Warrant No. 83 in favor of the Treasurer,
dated November 18, 1856, for amount of principal of the
stock of 1856 and interest thereon from July 1 to November
12, inclusive, 1856, viz:

Principals == =o 8 ee eee 519,200 00

VERSA RSS Si Se a 422 61

By amount received for interest accruing on said stocks to 31st
December, 1856, covered by the following warrants in favor
of the Treasurer :

INOS 2 dated sully? 851864 ~--.-- 2... $3,019 85
Now 2; dated (anuary.4; 1850 _..-..-._.-_=.---_L. 3,019 85
Now 29; datedrdulye19) 1055-2 5-25 3,019 85
Part of No. 10, dated January 8, 1856-_._-_______ 3,019 85
Nowa dated imlye 8; 1856) 22-2 so5- 3 ee 3,019 85
No: 20 dated January’, 1857_-2_-.--.--. i. =. 2,443 85
Balance due from the United States, viz:

Primeipalvor stock Of 6422—_ 22-2 one $48,061 64
Principal of stock;of 1848--—=— <2... .--.--.. 33,400 00

833

$19,622 61

17,543 10

81,461 64

$118,627 35

By amount of the following warrants in favor of the Treasurer
for interest accruing on said stocks, viz:

Now 40 dated July IS 18h (tosses es $2,443 85
INom2O dated january.) 858i n2= = 2,448 85
NoqGondatedeAUGust 2elSoe8e sense ee ae 2,443 85
INosloydatede January iilGojeeas ese. 2 8 2,443 85
Wors2sdated. Aueust.8, 18092222 e 2a. 2,443 85
No» L0wdated January 6, 18602-- = 2,443 85
Now tM dated duly 2401860! 2222525 52 32 2,443 85
No: 106s dated Mebruary? 20; 1861222 =~. 2. 2,448 85
INo=6/, dated November 6; 1861 =-2-- ===. _. 2,443 85
By balance due from the United States :

Prineipaloristock of 1842-—___-L-_....---_-..__.. $48,061 64
Principal of stock jof 16432. 222-2 5-2 ---=-==- 33,400 00
linterestronisaidustocks\ eos. 22a ee eae eae eee 2,443 84

$21,994 65

83,905 48

$105,900 13

By amount received for interest accruing on said stocks and
covered by warrants in favor of the Treasurer, viz:

Part of No. 18, dated January 14, 1862___-_-___-- $2,443 85
Part of No. 181, dated September 9, 1862_____---- 2,443 85
Part of No. 27, dated February 11, 1863-____---_-- 1,002 00
By balance due from the United States:

iPrincipaliotsstock of 1542 — = 2 ---- --- $48,061 64
Principalof stock of 1848. -__-___. =. --<=-=-- 83,400 00
Interest onisaidistocksiens--5- oa oem eseesee see ee 1,441 84

53

$5,889 70

82,903 48
$88,793 18

834 TREASURY ACCOUNT WITH

Dr.

THE UNITED STATES, under the act to establish the “ Smith-
men, approved August 10, 1846, in

Auditor’s Report, No. 103,882:

To amount of money belonging to said Institution, received
into the Treasury on the Ist of September, 1838, and treated
by 12th section of said act as lent to the United States Treas-
ury at 6 per cent. interest, from said 1st September, 1838,
payable in half-yearly payments on the Ist January and Ist

July inveach.y ear: Sse a ee ee ee ee ees $515,169 00
To interest on said sum from 1st September, 1838, to 31st De-
cember, 1849—11} years_:__. --22 = 2st sb se eS 350,314 42

$805,483 42

THE SMITHSON FUND.

Cr.

839

sonian Institution” for the increase and diffusion of knowledge among

account with the Sinithsonian Institution.

By amount of the following warrants drawn on the Treasurer
of the United States, in favor of the officers of said Institu-
tion, on account of interest accrued on principal of said
fund, for the erection of suitable buildings, and for the cur-
rent and incidental expenses of said Institution, viz:

In favor of W. W. Seaton, Chairman of the Ex-
ecutive Committee and Disbursing Officer of
the Board of Regents—

No. 6252, dated September 16, 1846 ___-_.____-- $2,000 00
No. 7220, dated December 21, 1846_---_--~----_-- 2,000 00
No..8017, dated Webruary 25, 1847_.__.-._- -.-- 8,584 07
INOS 9N dated JullyeoplS4 foaaees oe eee 15,455 O07
No. 2034, dated January 15, 1848___- ._-------- 15,455 00
INon4sisdatedy duly 7,164 2s 2 S28 ae 15,455 00
No. 6823, dated January 5, 1849___..___.--_--. 15,455 14
Nod datedr ily: bvli840 eee wea oe ee 15,455 O7
No. 1496, dated January 4, 1850) _-.-_---------__ 15,455 07

$100,314 42
In favor of George M. Dallas, Chancellor and
Disbursing Agent—
Now 7958,,cated Mebruary 7,.1847 .--.--- 5.222. 250,000 00
Balance due the Smithsonian Institution :
Princmalot sald tUNG 2 = soso eee een aa eee eee eae

$350,814 42
515,169 00

$865,483 42

PROPOSED APPLICATIONS OF SMITHSON’S
BEQUEST.

Letter addressed by Hon. John Forsyth, Secretary of State, by direction of
President Van Buren to Messrs. Thomas Cooper, South Carolina; Rich-
ard Rush, Philadelphia ; Professor Francis Wayland, Providence, Rhode
Island ; Albert Gallatin, New York; Rev. Stephen Olin, Boydton, Vir-
ginia; Philip Lindsley, Nashville, Tennessee; Professor Davis, Char-
lottesville, Virginia.

DEPARTMENT OF STATE,
Wasuineaton, July 19, 1838.

Sir: By the will of James Smithson, late of London,
deceased, property to a considerable amount was bequeathed
to the United States, for the purpose, as expressed in the
language of the will, of “founding at Washington, under
the name of the Smithsonian Institution, an establishment
for the increase and diffusion of knowledge among men.”

The United States having, under the authority of an act
of Congress, approved the Ist of July, 1836, accepted the
legacy, pledged their faith for the performance of the trust,
in such manner as Congress may hereafter direct, and re-
covered the proceeds of the bequest, to the amount of about
one hundred thousand pounds sterling, the President is
anxious, in presenting the subject to Congress for their con-
sideration and action upon it, to aid his judgment by con-
sulting the views of persons versed in science and in mat-
ters relating to public education, as to the mode of apply-
ing the proceeds of the bequest, which shall be likely at
once to meet the wishes of the testator, and prove most
advantageous to mankind.

The President will be pleased to have, if agreeable to you
to give it, the result of your reflections on the subject, com-
municated through this Department, at as early a day as
convenient.

I am, sir, very respectfully, your obedient servant,
Joun Forsyru.

837

838 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

Letter from Thomas Cooper.

CoLumBiA, SoutH Caroxina, July 20, 1838.

Sir: With respect to the Smithson legacy, two courses
only suggest themselves to my mind; one, annual premiums
for the best treatises on given subjects, which we have not
literary and scientific men enough to supply or to enter into
anything like competition with the Bridgewater Treatises,
and, therefore, we should only be disgraced by it; and,
therefore, [ cannot recommend this mode of application.
Add to which, it would be very apt to degenerate into a
political and party institution, in various ways. The other
is an institution of the character of an university. I am
well aware the power of erecting an university was twice
refused to Congress, in the convention of 1787. But the
objection may be gotten over by transferring the donation
to the corporation of Georgetown, under such limitations as
may be expedient and constitutional, and let an university
be instituted by that corporation. This would be a sufli-
cient approximation to Mr. Smithson’s required locality,
and would obviate the constitutional objection.

Such an university ought not to be opened, except to
graduates of other colleges. The studies might be the
higher algebraical calculus; the application of mathematics
to practical mechanical knowledge of every description, and
to astronomy, to chemistry, electricity, and galvanism; the
principles of botany and agriculture. No Latin or Greek ;
no mere literature. Things, not words.

Strict attendance; strict and public examinations. I ob-
ject to all belles-lettres, and philosophical literature, as caleu-
lated only to make men pleasant talkers. I object to
medicine, which cannot be well taught in a locality of less
than 100,000 inhabitants.

I object to law; for all that can be orally delivered can
be more profitably and deliberately learnt by perusal.
Ethics and politics are as yet unsettled branches of knowl-
edge.

Whether physiology and political economy ought to be
rejected, requires more consideration than I can at this
moment bestow. I want to see those studies cultivated,
which, in their known tendencies and results, abridge
human labor, and increase and multiply the comforts of
existence to the great mass of mankind. Public education
should be useful, not ornamental.

The course should not be less than three years, of ten
months each. The instruction afforded gratis; examinations

a a
Bae

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 839

for admission rigid. Such, in few words, are my notions
on this subject, which I respectfully submit, sir, to your
better judgment.
Accept, I pray you, the assurances of my sincere and high
consideration.
Tuomas Cooprr, M. D.
Hon. Joun Forsytu, Secretary of State.

Letter from Francis Wayland.

PROVIDENCE, October 2, 1838.

Sir: In reply to your communication dated July last,
requesting my views respecting the Smithsonian Institute, I
beg leave to state as follows:

1. It is, I suppose to be taken for granted, that this Insti-
tution is intended for the benefit not of any particular
section of the United States, but for the benefit of the whole
country ; and, also, that no expense, which may be neces-
sary in order to accomplish its object, will be spared.

2. I think it also evident, that there is no need, in this
country, of what may be properly termed collegiate education ;
that is, of that education which may be given between the
ages of fourteen or sixteen, and eighteen or twenty. All
the old States, and many of the new ones, have as many
institutions of this kind as their circumstances require.
And, besides, since persons of the ages specified are too
young to be, for a long period, absent from home, it is
probably better that a large number of such institutions
should be established within convenient distances of each
other. The age of the pupils in these institutions would
also render it desirable that very large numbers be not asso-
ciated together.

3. Itis probable that professional schools—that is, schools
for divinity, law, and medicine—will be established in every
section of our country. Divinity must be left to the differ-
ent Christian sects; law will probably be taught in the
State, or, at least, the district, in which it is to be practiced.
The same will, I think, be true of medicine.

4. If the above views be correct, it will, I think, follow,
that the proper place to be occupied by such an institution
would be the space between the close of a collegiate educa-
tion and a professional school. Its object would be to carry
forward a classical and philosophical education beyond the
point at which a college now leaves it, and to give instruc-

840 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

tion in the broad and philosophical principles of a profes-
sional education.

The demand for such instruction now exists very exten-
sively. A very considerable portion of our best scholars
now graduate as early as their nineteenth, twentieth, or
twenty-first year. If they are sufficiently wealthy they pre-
fer to wait a year before studying their profession. Some
travel, some read, some remain as resident graduates, and
many more teach school for a year or two, for the purpose
of reviewing their studies. These would gladly resort to
an institution in which their time might be profitably em-
ployed. The rapidly increasing wealth of our country will
very greatly increase the number of such students.

The advantages which would result from such an institu-
tion are various. It would raise up and send abroad in the
several professions a new grade of scholars, and thus greatly
add to the intellectual power of the nation. But, specially,
it would furnish teachers, professors, and officers, of every
grade, for all our other institutions. As the standard of
education was thus raised in the colleges, students would
enter the national university better prepared. This would
require greater effort on the part of its professors, and thus
beth would reciprocally stimulate each other.

The branches which should be taught there, I suppose,
should be the same as in our colleges, only far more gener-
ously taught—that is, taught to men, and not to boys—and
the philosophical principles of law and medicine. This
would embrace lectures on Latin, Greek, Hebrew, and the
Oriental languages; all the modern languages of any use to
the scholar, with their literature; mathematics, carried as
far as any one would desire to pursue them; astronomy,
engineering, civil and military; the art of war, beginning
where it is left at West Point; chemistry; geology; min-
ing; rhetoric and poetry; political economy; intellectual
philosophy; physiology, vegetable and animal; anatomy,
human and comparative; history; the laws of nations; and
the general principles of law, the Constitution of the United
States, Ke.

5. Supposing such an institution to be established, some-
thing may be added respecting the mode of its constitution
and organization.

I suppose, then, that an institution of this kind is a sort
of copartnership between the instructors and the public.
The public furnish means of education, as building, libra-
ries, apparatus, and a portion of the salary. The professors
do the labor, and provide for the remaining part of their

;
'
}

"

end

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 841

income by their own exertions. Hence there arises natu-
rally a division of the powers and duties of the parties. To
the corporation, or governors, or trustees, or by what name
they may be called, would belong the management of the
fiscal concerns of the institution, and the control of that
portion of its affairs which depended specially upon its re-
lation with the public donation. The government of the
institution, the conferring of degrees, the appointment of
professors, would be performed jointly by the officers of
instruction and the corporation.

In the English universities, the government of the insti-
tution is vested in a general meeting of the former gradu-
ates. This forms a literary public, which exercises ultimate
jurisdiction in most matters which require deliberation.
How far such an institution might be constructed upon this
principle, may be fairly a question.

6. If the above-mentioned views should be adopted, it
will be perceived that no funds will be required for dormi-
tories. The young menwill provide for themselves board
and lodging wherever they please, and the professors will
be responsible for nothing more than their education. It is
supposed that they are old enough to govern themselves.

Ifence the funds may be devoted to the following pur-
poses :

Ist. A part would be appropriated to the creation of a
library, cabinets, and for the furnishing of all the apparatus
necessary to the instructors.

2d. A part to the erection of buildings for the above pur-
poses, together with buildings for professors’ houses.

3d. A fund would be established for the endowment of
professorships, giving to each so much as may form a por-
tion, say one-third or one-half, of his living, and the rest to
be provided for by the sale of the tickets to his courses.

7. If the institution is governed by a board, this board
should be appointed by the President and Senate, or by the
President alone, and they should hold their office for no
longer a period than six years, one-third of them retiring,
unless reappointed, every two years.

8. Graduates of the university should be allowed to teach
classes and receive payment for tickets, upon any of the
subjects on which instruction is given in the regular course.
This will prove a strong stimulant to the regular professors,
and will train men up for teachers.

Degrees should never be conferred as a matter of course,
but only after a strict and public examination. They should

842 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

never be conferred either in course, or caus@ honoris, unless
by the recommendation of the faculty.

I have thus very briefly, but as far as my avocations would
allow, thrown together a few hints upon the subject to which
you have directed my attention. That I should go into de-
tail, I presume, was not expected. Whatever may be the
plan adopted, I presume it will not be carried into effect
until an extensive observation of the best universities in
Europe has furnished the Government with all the knowl-
edge which the present condition of the science of education
ean attord.

I have the honor to be, sir, respectfully, your obedient
servant,

F’, WAYLAND.

Hon. J. Forsytu, Secretary of State.

Letter from John Quincy Adams.

Quincy, October 8, 18388.

Sr: I duly received your letter, dated in July last, ex-
pressing the desire of the President of the United States to
consult the views of persons versed in science and in matters
relating to public education, as to the modes of applying
the proceeds of the Smithsonian bequest, to meet the wishes
of the testator, and which may prove most advantageous to
mankind, with a view to present to Congress the subject,
for their consideration and action upon it.

Having been the chairman of the committee of the House
of Representatives, and reporter of the bill which became
the act of July 1, 1836, relating to this bequest, in which
act the faith of the United States is pledged for the appli-
cation of the funds, placed by the founder of this Institu-
tion at their disposal, to the promotion of the great object
of his munificence, the increase and diffusion of knowledge
among men,—\ have waited with anxious expectation the
consummation of the first requisite for the accomplishment
of the purpose,—the recovery of the fund itself, aware that,
until that should be effected, all speculation upon the most
suitable appropriation of the proceeds would be premature.
It is with the warmest satisfaction that I have learned the
successful attainment of this preliminary end.

When, at the last session of Congress, provision was
made, by the sixth section of an act making appropriations
for the West Point Academy, for the temporary investment

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 843

of the Smithsonian bequest, I regretted, first, that this pro-
vision was made not in a separate bill, but as an aphenduia
to one with which it had no proper connection ; secondly,
that the investment should be directed in stocks of States ;
and, thirdly, that it should give to the Secretary of the
Treasury a discretionary power to invest the fund, at a
yearly interest of five per cent., at the very time when the
Government itself of the United States was issuing Treas-
ury notes at the rate of six per cent. Whatever may have
been the occasion or the design of these arrangements, it
was impossible to evade the remarks, that here was a de-
duction of one per cent. a year from the free gift of a noble-
minded foreigner, for the most exalted of purposes, to be-
stow it, at the discretion of the Secretary of the Treasury,
upon some favorite State. This did not appear to me to be
an appropriation of the fund to the increase and diffusion
of knowledge among men, nor did it lead me to augur
very well of the sequel.

This, however, was but a temporary investment of the
fund, which, | was willing to hope, would under no con-
sideration be made permanent. In the report of the com-
mittee to the House of Representatives, accompanying the
bill which authorized the President to take the necessary
measures for recovering the fund, I had set forth, in very
explicit language, my sense of the duties which devolved
upon the Government of the United States by their accept-
ance, in behalf of the nation, of this bequest; and, with
the same views, I[ introduced into the bill a pledge of the
faith of the United States, that the fund should be applied
to the generous purpose of the testator.

Before leaving Washington last July, I took the liberty
of calling upon the President, and of expressing to him my
earnest hope that, in the interval before the next session of
Congress, he would be prepared with some plan for the
permanent sate keeping and security, unimpaired, of the
fund itself, by an investment which would yield a certain
income as large as the ordinary interest of the country, and
for appropriating that income to the object of the testator—
the increase and diffusion of knowledge among men.

I was kindly received by the President, who assured me
of his readiness to take into consideration any suggestions
which I might be disposed to make on the subject, or those
of any other person whom I might recommend.

Thus encouraged, I gave him freely the views which I
entertained with regard to fixing the permanency of the

v

fund, unimpaired, and to suitable objects of application for

844 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

its annual income. The opinions which I gave were general, -
and of course not matured. Further reflection since that
time has but slightly modified them, and I have not since
had the opportunity of consulting with any person in my
own judgment qualified to give counsel, at once judicious
and perfectly disinterested, for the disposal of the fund.

The provision made at the last session of Congress was
made merely for an investment for a few months, that the
fund should, after the arrival of the money in this country,
not remain unoccupied, even until the next session of Con-
gress. The object now first deserving attention will be to
secure the permanency of the fund entire; for which pur-
pose, I must indulge the hope that it will not be intrusted to
any bank, nor loaned upon any pledge of State stocks.

I should greatly prefer that it should be disposed of as
was the fund of one hundred thousand dollars which had
been held by the President of the United States, in trust for
an annuity of six thousand dollars, payable to the Seneca
Indians. By the act of February 19, 1831, the whole fund
was placed to the credit of the Department of War, and
the duty of making the annual payment to the Seneca tribe
was assigned to the Secretary. In the present case, the
whole fund might pass to the credit of the Treasury of the
United States, and the annual payment be directed to be
made by the Secretary of the Treasury. The fund of course
to be redeemable at the discretion of Congress, and other-
wise invested for the objects of the Institution.

This would give an annual appropriation of 30,000 dol-
lars, and, to keep the fund permanently unimpaired, the
annual appropriation should be confined to that sum.

I think that no part of the money should be applied to
the endowment of any school, college, university, or eccle-
siastical establishment; to no institution for the education
of youth, for that is a sacred obligation, binding upon the
people of this Union themselves, at their own expense and
charge, and for which it would be unworthy of them to
accept an eleemosynary donation from any foreigner whom-
soever. Nor do I believe it to have been strictly within
the intention of the testator. For the immediate object of
the education of youth is not the increase and diffusion of
knowledge among men, but the instruction of children in
that which is already known. Its result is doubtless to dif-
fuse, and may be to increase, knowledge among men; and
so is apprenticeship to trades, and so is the tillage of the

round; and so was to the ancient shepherds of Egypt and
haldea the nightly keeping of their flocks, for it enabled

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 845

them, by the habitual observation of the stars, to trace their
courses to some of the sublimest discoveries of astronomy.

Nor could the application of the fund to any ecclesiasti-
eal or religious establishment be a proper fulfilment of the
testator’s intention. The people of the United States have
also religious duties to perform, for the charge and discharge
of which they should not consent to be tributary, even in
gratitude, to the bounty of any foreigner. The preaching
of the gospel, like the education of youth, promotes the in-
crease and diffusion of knowledge; but the worship of God,
and the fulfilment of moral duties to man, the special ob-
ject of religious institutions, do not so much import the in-
crease of knowledge as the right use of what is known.

I suggested to the President that annual courses of lec-
tures on the principal sciences, physical and mathematical,
moral, political, and literary, to be delivered not by perma-
nent professors, but by persons annually appointed, with a
liberal compensation for each course, were among the
means well adapted to the end of increasing and diffusing
knowledge among men.

But the great object of my solicitude would be to guard
against the cancer of almost all charitable foundations—
jobbing for parasites, and sops for hungry incapacity. For
the ecohomical management of the fund, and the periodical
application of it to appropriate expenditures, it should be
invested in a board of trustees, to consist partly of members
of both Houses of Congress, with the Secretaries of the De-
partments, the Attorney General, the Mayor of the city of
Washington, and one or more inhabitants of the District of
Columbia, to be incorporated as trustees of the Smithsonian
fund, with a secretary and treasurer in one person, and to
be the only salaried person of the board; to be appointed
for four years, and to be capable of reappointment, but re-
moval for adequate cause by a majority of the board. Into
details it is unnecessary to enter.

The first object of appropriation, however, in my judg-
ment, should be the erection of an astronomical observatory,
for all the purposes of the Greenwich Observatory, in Eng-
land, and the Bureau des Longitudes, in France. This alone
would absorb the annual income of the fund for seven years
and will form the subject of another letter.

I am, with great respect, sir, your very obedient servant,

Joun Quincy ADAMS.

Joun Forsytu, Esq.,

Secretary of State of the United States.

846 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.
Letter from John Quincy Adams.

Quincy, October 11, 1888.

Sir: I have reserved for a separate letter what I pro-
posed to say in recommending the erection and establish-
ment of an astronomical observatory at Washington, as one
and the first application of the annual income from the
Smithsonian bequest, because of all that I have to say I
deem it by far the most important, and because having for
many years believed that the national character of our coun-
try demanded of us the establishment of such an institution,
as a debt of honor to the cause of science and to the world
of civilized man. I have hailed with cheering hope this
opportunity of removing the greatest obstacle which has
hitherto disappointed the earnest wishes that I have enter-
tained of witnessing, before my own departure for another
world, now near at hand, the disappearance of a stain upon
our good name, in the neglect to provide the means of in-
creasing and diffusing knowledge among men, by a sys-
tematic and continued scientific series of observations on
the phenomena of the numberless worlds suspended over our
heads—the sublimest of the physical sciences, and that in
which the field of future discovery is as unbounded as the
universe itself. I allude to the continued and necessary
expense of such an establishment.

In my former letter I proposed that to preserve entire
and unimpaired the Smithsonian fund, as the principal of a
perpetual annuity, the annual appropriations from its pro-
ceeds should be strictly confined to its annual income.
That, assuming the amount of the fund to be five hundred
thousand dollars, it should be so invested as to secure a per-
manent yearly income of thirty thousand; and that it should
be committed to an incorporated board of trustees, with a
secretary and treasurer, the only person of the board to re-
ceive a pecuniary compensation from the fund.

On the 18th of March, 1826, Mr. C. F. Mercer, chairman
of a select committee of the House of Representatives of
the United States, reported to that House a bill for the erec-
tion of a national observatory at the city of Washington,
together with sundry documents containing estimates of the
cost of erecting the buildings necessary for such an estab-
lishment, for the instruments and books which it would re-
quire, and for the compensation of a principal astronomer,
two assistants, and two attendants. These estimates of ex-
pense were, however, prepared upon the principal of pro-
viding the establishment at the smallest possible expense—

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 84/7

to which end it was proposed that it should be attached to
the Engineer’s office, in the Department of War, and that
the mathematical and astronomical instruments already
belonging to that Department should be transferred to the
use of the observatory. All this must of course be other-
wise arranged, if the President and Congress should approve
the proposal of establishing the observatory on the Smith-
sonian foundation. But that document contains much val-
uable information, which may be made available whenever
an observatory shall be erected. It is No. 124, House docu-
uments of the first session of the 19th Congress.

In the estimate of expenses at that time, by the Chief
Engineer, he assigned for the necessary buildings only
14,500 dollars. But as it is desirable that the principal
building, the observatory itself, should be, for the pur-
poses of observation, unsurpassed by any other edifice con-
structed for the same purposes, I would devote one year’s
interest from the fund to the construction of the buildings ;
a second and third, to constitute a fund from the income of
which the salaries of the astronomer, his assistants and at-
tendants, should be paid; a fourth and fifth, for the neces-
sary instruments and books; a sixth and seventh, for a fund
from the income of which the expense should be defrayed of
publishing the ephemeris of observations, and a yearly nauti-
cal almanac. These appropriations may be so distributed
as to apply a part of the appropriation of each year to each
of those necessary expenditures; but for an establishment
so complete as may do honor in all time alike to the testa-
tor and his trustees, the United States of America, I cannot
reduce my estimate of the necessary expenses below two
hundred thousand dollars.

My principles for this disposal of the funds are these:

ist. That the most complete establishment of an astrono-
mical observatory in the world should be founded by the
United States of America; the whole expense of which,
both its first cost, and its perpetual maintenance, should be
amply provided for, without costing one dollar either to the
people or to the principal sum of the Smithsonian bequest.

2d. That by providing from the income alone of the fund,
a supplementary fund, from the interest of which all the
salaries shall be paid, and all the annual expenses of publica-
tion shall be defrayed, the fund itself would, instead of being
impaired accumulate with the lapse of years. I do most
fervently wish that this principle might be made the fun-
demental law, now and hereafter, so far as may be practi-
eable, of all the appropriations of the Smithsonian bequest.

848 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

8d. That, by the establishment of an observatory upon
the largest and the most liberal scale, and providing for the
publication of a yearly nautical almanac, knowledge will be
diffused among men, the reputation of our country will rise
to honor and reverence among the civilized nations of the
earth, and our navigators and mariners on every ocean be
no longer dependent on English or French observers or
calculators, for the tables indispensable to conduct their
path upon the deep.

In the document to which I have above referred, there is
a letter from Mr. de Wallenstein, then attached to the Rus-
sian legation in this country; a report from Major Kearney,
of the topographical engineers; and extracts from a me-
moir of Mr. Francis Baily, respecting a new method of
determining the longitude; all of which contain precious
information, both of facts and of encouragement to the
application of a strenuous and persevering effort, on the part
ot the Government of the United States, to contribute their
effective aid, by this establishment, to the progress of phys-
ical and mathematical science. When the opportunity for
this is afforded by the munificence of a foreigner, without
needing the taxation of a dollar upon the people, I cannot
forego the hope that this opportunity will not be lost, be-
lieving that, of all the physical sciences, there is none for
the cultivation of which brighter rewards of future discov-
ery are reserved for the ingenuity and industry of man,
than practical astronomy.

There is appended to the same Congressional document
a memorial to Congress from William Allen, president of
Bowdoin College, and sundry other distinguished citizens
of the State of Maine, praying for the establishment, at the
charge of the nation, of an astronomical observatory in the
town of Brunswick, in that State; and a memorial of Mr.
Hassler, recommending two observatories—one in Maine
and one in Louisiana. The memorial from Maine urges
with great force and elegance some of the general consider-
ations pointing to the usefulness and importance of an
astronomical observatory in the western hemisphere. But
it is doubtful, at least, whether any application of the
Smithsonian bequest can, in fulfillment of the testator’s
will, be located otherwise than in the city of Washington ;
and if hereafter Congress should ever be disposed to appro-
priate any portion of the national funds to these elevated
purposes, observatories may be erected in Maine, or Louis-
lana, or both, which may be auxiliary to the labors of the

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 849

Smithsonian Institution at Washington, without in any
manner interfering with its pursuits.

If the President should approve and give the weight of
his recommendations to those suggestions, I have no doubt
they will receive the sanction of Congress at their next
session. As I propose the appropriation for seven success-
ive years of all the income from the fund to this special
object, there will be ample time for considering the best
manner of appropriating the same income afterwards to
permanent establishments for increasing and diffusing knowl-
edge among men. Nothing could be more easy than to
dispose of a fund ten times as large, without encroaching
upon the proper sphere of any school, college, university, or
academy. Not so easy will it be to secure, as from a rattle-
snake’s fang, the fund and its income, forever, from being
wasted and dilapidated in bounties to feed the hunger or
fatten the leaden idleness of mountebank projectors, and
shallow and worthless pretenders to science.

Since I began this letter, I have conferred with Mr. Ban-
croft, the collector of the customs at Boston, concerning its
object, who has promised to communicate his views of the
subject to the President. J may, perhaps, after consultation
with others, again address you in relation to it before my
departure for Washington.

Ll am, very respectfully, sir, your obedient servant,

JoHN Quincy ADAMS.

JoHN Forsytu, Esq.,

Secretary of State of the United States, Washington.

Letter from Richard Rush.

SYDENHAM, NEAR PHILADELPHIA, November 6, 1838.

Str: Referring to your letter of July, the receipt of which
I had the honor to acknowledge, and desiring now to meet
the wishes it conveys, however sincerely distrustful I am of
myself in attempting the task, I proceed to remark: That
a university or college, in the ordinary sense, or any insti-
tution looking to primary education, or to the instruction
of the young merely, does not strike me as the kind of in-
stitution contemplated by Mr. Smithson’s will; declaring it,
in language simple, yet of the widest import, to be “ for the
increase and diffusion of knowledge among men,” and
making the United States the trustee of his intentions, it

seems to follow that it ought to be as comprehensive as
54

850 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

possible in its objects and means, as it must necessarily be
national in its government. In turning my thoughts to the
subject, it is, therefore, only upon a basis the most compre-
hensive, under all views, that I can think of any general
plan for its organization. Hence it appears to me:

1. That even officers of the United States, abroad and at
home, might be made subservient to some of the main ob-
jects of the institution—as their consuls, naval and military
officers; and, I would add, their foreign ministers.

Consuls, by their residence in foreign ports, have oppor-
tunities of becoming acquainted with the natural history
and productions of the places where they reside, and learn-
ing other things useful to be known. This class of officers
had instructions, at a former period of the Government, to
send home seeds, plants, and other productions, beneficial
to agriculture, manufactures, or any of the usefularts. But
their efforts were frustrated or impeded for want of a fund
to defray incidental expenses, which, however small, con-
stitutional scruples existed against providing. The Smith-
sonian fund might supply the means of renewing such
instructions, giving to them more scope as well as efficacy.

Our naval officers, those especially in separate commands
on foreign stations, must have opportunities of gaining
knowledge in other spheres than those to be filled by their
usual reports to the Navy Department; and the same may
be said of officers of the army, in regard to the War De-
partment. Many of the latter, by their stations at garrisons,
or employment otherwise in remote and unexplored parts
of our country, have the means, as past instances testify, of
collecting facts bearing upon its geology, its natural history
in all branches, its antiquities, and the character of its abo-
riginal races; the communication of which might advanta-
geously fall in with the purposes of this institution, and be
ultimately promulgated through its instrumentality.

I propose to include, also, ministers plenipotentiary among
the functionaries who might serve the institution, and,
through it, the general public, on this occasion. By their
power of commanding the best intercourse in the several
communities to which they are sent, they may open to
themselves avenues to knowledge of all kinds; the trans-
mission of which to the institution, under executive instruc-
tions to that effect, might often prove of high value. It
would not be expected from them but at convenient inter-
vals, and never when interfering with their primary duties.
When an appropriate channel was opened for receiving
communications of this nature, they would become, it may

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 851

be presumed, an agreeable appendage to.the primary duties
of our ministers, affording a resource for their leisure, with
opportunities of a more enlarged usefulness to their country,
and fame to themselves. Permanent missions were once
objected to by Mr. Jefferson, as not within the true theory
of our foreign intercourse, which seems to countenance the
more a proposal for connecting with them the honorable
appendage suggested, since neither official dignity nor use-
fulness can ever be impaired, though both may be height-
ened, by co-association with knowledge in other fields.

2. A building to be erected at Washington, with accom-
modations for the business of the institution. Ground to
be attached to it, sufficient for reproducing seeds and plants,
with a view to diffusing through the country such as might
be found to deserve it. The officers of the institution to be
a director, a secretary, a librarian, and a treasurer. Persons
to be under them to take care of the building and grounds.
The officers to be appointed by the President and Senate.
The director to make an annual report to Congress on the
state of the institution, and oftener if necessary. Its affairs.
to be subject to the visitation of the President, aided by a
standing board, to consist of the chief officers of the Goy-
ernment, say, taking the example of a law already in the
statute book in relation to the finances, the Vice-President,
the Chief Justice, the Secretaries of State and the Treasury,
and the Attorney General. The institution to have its press,
as the University of Oxford, or otherwise authority to em-
ploy one for printing communications sent to it, and the
lectures to be presently mentioned. Nothing to be printed
but under the sanction of the director and standing board
of visitors. To this and other ends, for the good govern-
ment of the institution, the standing board to have the
right to call in the assistance of three or more scientific or
literary persons unconnected with it. The profits arising
from all publications to go in aid of the funds of the insti-
tution. Communications from learned societies, or from
individuals eminent in science or letters, in whatever part
of the world, to be received by the director, and taken
charge of by the secretary. The director to be authorized
to correspond with any such societies or persons. A coun-
cil to assemble once a month, to consist of the officers of
the institution and the lecturers attached to it, before which
all communications to be laid. Order to be then taken upon
them. Such as go upon the archives, with a view to the
question of publication, to be brought under the considera-
tion of the standing board of visitors at the proper time,

852 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

when that question will be decided. The director to preside
at these councils, at the meetings of the standing board of
visitors, and at all other meetings required by the business
of the institution; and the secretary to keep the minutes.
The standing board of visitors to hold stated meetings twice
a year, and assemble on other occasions when they deem it
necessary. At the commencement of the institution, the
duties of librarian and treasurer to be united in the same
person.

3. Lectureships to be established, comprehending as many
of the leading branches of physical and moral science as
the funds of the institution may be able to bear. Apparatus
to be provided for the branches requiring it. One of the
lectureships to be dedicated to government and public law.
When conflicting opinions on government are raging in the
world, to have the democratic principle, as moditied by our
systems of representation, and the conjoint workings of the
federative and national principle, illustrated in elementary
disquisitions, apart from temporary topics and passions, is a
desideratum which the Smithsonian Institution might sup-
ply. Such productions seem due to mankind, as to our-
selves, imperfectly described as our institutions have been,
through adverse feelings in the writers; it having generally
fared with us as the cause of Roman liberty fared in the hands
of royal historians. Rarely can foreigners, however enlight-
ened, be equal to the task of justly analyzing the complicated.
movements, unintelligible to hasty observers, yet full of
harmony, that maintain the order, prosperity, and freedom,
of this great confederated republic, under guards combin-
ing the efficacy of popular sovereignty with its safety.
Authentic explanations of them, all issuing from this insti-
tution, at an age when steam is quickening all intercourse
throughout the world, would give new motives for listening
to the doctrines and results of the democratic principle in
this hemisphere. So expounded, it would go before the
world without disparagement, and be fairly judged by its
results. Under public law, the tenets of America, now
locked up in diplomacy, or otherwise hidden or overlooked
in Europe, might come into useful publicity; her proposals
to Europe to abolish privateering, and prohibit public ships
from capturing merchant vessels upon the ocean, thus for-
ever stripping war of more than half its evils upon that
element—a stride in civilization to transcend, whenever it
may be made, the West India abolition act; her resistance,
single-handed, against the enforcement of British municipal
law upon the ocean, as seen in the individual miseries and

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 8953

national violations involved in the feudal claim of impress-
ment, and her desire, shown in other ways, for freeing the
international code from barbarous relics, whereby this in-
stitution, working in its orbit of calm discussion, might
become the ally of America towards gaining for these great
public benefactions, and others, the growth of our institu-
tions, in our days, (so maligned for retaining the domestic
servitude bequeathed to them by our progenitors,) favor
and acceptance among nations. The steady abhorrence ex-
pressed by this Government against employing savages in
warfare between civilized and Christian States, and its
abortive negotiations to prevent it, would further illustrate
the harmonizing policy of America. Such are samples of
the maxims that might claim elucidation from an institution
reared under the sanction of this republic, and thence, by
the principle of its existence, desirous of doing justice to
them, examined in juxtaposition with those taught in the
ancient and cloistered seminaries of the old world, and
upheld by its Governments.

The other lectureships, and the foregoing, might be made
to yield, each in its proper field, contributions to ‘the
increase and diffusion of knowledge among men.” Iam
aware that voluntary lectureships have not always been
found to succeed. But in the foundation of these, consider-
ing the time and all concomitant circumstances, there seems
reasonable ground for anticipating success. The plan
would imply that the lecturers be also appointed by the
President and Senate. It would imply that their salaries
be ample enough to command the best men, and admit of
the exclusive devotion of their time to the studies and in-
vestigations of their posts. They might even be laid under
the restriction of not engaging in other pursuits, as our
laws interdict the revenue officers from trading. Genius
being of all countries, and the intentions of the founder
peculiarly expanded, the range of our own and other coun-
tries would be open for selecting the incumbents. The
desire of fame, increased by the hope of their lectures being
published, might be expected to stimulate them to exertion ;
and if incentives so high were wanting, the tenure of their
appointments, where the Executive and public eye would
be upon them, would act as a guard against slackness in
their duties. If knowledge is power, power, directing
knowledge, may make it efficacious. The place where the
lectures were delivered would impart to them interest and
dignity. If delivered when Congress was in session, and
not recurring too often, some of the members might be ex-

854 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

pected occasionally to attend; as a change from the turmoil
of polities, and possibly a good influence on legislation
itself, might grow out of these new intellectual elements
gathering about its precincts. To the public functionaries
of all sorts, to distinguished foreigners, and to visitors at
Washington, as well as its resident inhabitants, the Smith-
sonian lectures might prove attractive. It will have been
their lot, if established, to spring up when stupendous
agents in nature, and new contrivances in art, are changing
the state of the world, in peace and for war; when this
country is taking a conspicuous share in these magnificent
innovations, which some of the lectures would doubtless
treat of, and when the successful results of its popular in-
stitutions hitherto are among the causes at work in modify-
ing the political and social condition of other nations. Can
it be that, delivered under such circumstances, they would
be devoid of interest? Centering in the capital of the
Union, to which the eyes of the States are apt to turn with
a curiosity both natural and ambitious, may not these lec-
tures do their part also, if recommended by ability, towards
raising up among us new homage to mental accomplish-
ments and renown, those memorials of a nation’s glory,
when others perish ?

Each lecturer, at the conclusion of his course, to deposit
with the director a copy of his lectures. These to be pub-
lished, or not, as determined by the board of visitors.
Hence, if the audience in the lecture-rooms proved, after
all, to be inconsiderable, the publication of the lectures,
when of merit to authorize it, would be fulfilling the
intentions of the founder, and the prospect of publication
be sufficient to keep up the spirit of the lecturer. We
have heard of the Bridgewater Treatises, in England,
emanating from the provisions of a munificent will. Per-
haps it might not be too sanguine to anticipate, in good
time, from the Smithsonian lectures, disquisitions doing
honor to their authors, and, let it be hoped, to their coun-
try, whilst diffusing knowledge among men every where.
We have seen, also, the publications that issue from those
recently formed associations that hold their annual meetings
in Europe, and seem to have made science a fashion there,
enrolling statesmen, and nobles, and kings, among its vota-
ries. May not the Smithsonian Institution mark an occa-
sion for our country to start in this rivalry of mind? The
race among nations is going on, of wealth, of power, and
of science; the two first extending as the last extends. An
immense achievement, which the present year has finally

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 855

witnessed, the crossing of the Atlantic by steam, is a revo-
lution in human affairs. Distance, once an element in our
safety, as in all our relations with the old world, and the
basis on which rested essential maxims in our policy, has
disappeared. HKurope has suddenly become neighbor to us,
for good and for evil, involving consequences that baffle all
foresight. Our statesmen must wake up to the mighty
change. There is no time to lose. They will have to ask
themselves what are the parts of our policy to be accom-
modated to the change. Our men of science, feeling new
excitements from this approximation of the hemispheres,
will naturally be on the alert, growing more emulous in
their several fields. The continent that Columbus found
was a desert, or overspread with barbarous people and in-
stitutions. The continent that steam has found teems with
civilization, fresh, advancing, and unavoidably innovating
upon the old world. The statesmen, the warriors, the
active and enterprising men, the whole people of the two
worlds, now almost confront each other. It is at such a
point in the destinies of* America that the Smithsonian
Institution comes into being. By their physical resources
and power, the United States are well known. Their re-
sources of intellectual and moral strength have been more
in the back ground; but may not an auspicious develop-
ment of them be aided by an institution like this, rising up
in their capital simultaneously with this new condition of
things, guarded, as it will be, by the annual watchfulness,
fostered by the annual care, and improved, from time to
time, by the superintending wisdom of Congress ?

The usefulness of the institution would doubtless be in-
creased, if young men could be regularly educated at it.
But here imperious obstacles seem to interpose. If I only,
in conclusion, touch this part of the plan, without dilating
upon it, it is from a fear that the fund would not bear their
maintenance, in connection with what has seemed to me
other indispensable objects. Perhaps a limited number who
had passed the age of 18, taken equally from the different
States, say two from each, under the federative principle,
might come to the institution, be formed into a class, and
attend its lectures for a couple or three courses; their
expenses to be paid under such restrictions as the Govern-
ment, might prescribe, and the young men to undergo
public examinations at the end of the term, prize meda!s
being awarded by the board of visitors or a committee of
Congress, to keep the tone of ambition high. But would
the fund bear even this? Again, I fear not.

856 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

In the foregoing suggestions as to the nature of the insti-
tution, sent to you in compliance with the President’s call,
I have confined myself to a very general outline and a few
reflections. The subject has many aspects, and I have dealt
only with some of them, and those partially. It is intrin-
sically one on which much diversity of opinion may be
expected to prevail, and that hardly any discussion could
exhaust. However honored by the President’s call, and
desirous of responding to it adequately, I have felt incom-
petent to the task of going into the arrangements in detail
necessary to the complete organization of an institution,
designed by its philanthropic founder to be so universal in
its scope, so far-reaching in its benefits. It ought to have
all the simplicity compatible with its ends; but these are
momentous, since they may run, by their effects into dis-
tant ages. It is like anew power coming into the republic—
its means the human mind; its ends still the triumphs of
the mind; its fields of glory beneficent and saving—a
power to give new force to the moral elements of our insti-
tutions, helping to illustrate, strengthen, and adorn them.
Such, in my humble conception, it is, or may be made.
Even as to the brief outline I venture upon, for the plan of
such an institution, I must repeat how greatly I distrust
myself, sketched as it has been, without consultation with
others, giving their thoughts to the same subject, who might
have corrected, modified, and improved, my own. If any
of these can be turned to the least profit in abler hands, or
serve to start better ones in better minds, I shall be amply
rewarded.

I beg to add that this communication would have been
sooner sent to you, but for interruptions incident to the first
month or two after returning to my home after a two years’
absence.

With great respect, I have the honor to be your obedient
servant,

RicwuarD Russ.

To Joun Forsytu,

Secretary of State of the United States.

Letter from S. Chapin.
CotiecEe Hin,
Wasuineton, D. C., November 26, 1838.

Sir: In an interview I had with you sometime since, you
desired me to express my views respecting the anticipated

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 857

Smithsonian Institution. I will therefore attempt to do so,
though conscious of my inability to do justice to a subject
s0 important in its character and relations. If it be wisely
organized, and supplied with a corps of distinguished pro-
fessors in the various departments of learning, it will affect
not only the highest interests of our country, but its influ-
ence will be felt in foreign lands. Let it go up in a char-
acter worthy of its liberal founder, let it be sustained with
the zeal and liberality becoming the object and our own
reputation, and it will add to our national points of union:
in these we are not very rich, and, therefore, should be glad
to multiply them, to bind together more firmly the elements
of the American confederation. The object of the contem-
plated institution is ‘‘the cultivation and diffusion of knowl-
edge among mankind.”’ This object, I believe, is distinctly
expressed in the will of Mr. Smithson. In making his will,
he probably had his eye upon those modern institutes and
universities of Kurope, which are designed, not to teach the
first elements of science and letters, but to receive gradu-
ates, and men looking forward to professional eminence,
for the purpose of advancing them to the highest grades of
learning, and thus to give them power to enlarge the boun-
daries of knowledge, by fresh discoveries and investigations.
We may conclude, then, that he intended his bequest should
be applied to the erection of an institution for liberal and
professional purposes, and for the promotion of original
investigations—to carry scholars through a range of studies
much above those of the ordinary collegiate course. I am
happy to know that this is the opinion of John Quincy
Adams, a gentleman whose judgment in the present case is
entitled to all respect.

Admitting that this is to be its object, it is natural to
inquire, in the next place, how it should be organized, so as
most fully to promote this design. In organizing it, respect
should be had to the spirit of the present age, to the genius
of our Government, and to our peculiar wants as a nation.
It is of vital moment that it should receive such a shaping
as will best correspond with all the particulars. Many of
the institutions of learning in Europe, in rigidly adhering
to systems of government and instruction settled for ages,
altogether different from our own, do not send forth men
fitted to meet the exigencies of modern society. Though
richly endowed, and supplied with teachers of great powers
and attainments, they serve for little else than to show the
strength of the current that is setting by them. We, at
this day, and especially in this country, need men who are

858 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

acquainted with something better than the learning of the
ancient schools, men who have studied profoundly the rela-
tion of scientific principles to practical purposes, and who
ean teach their fellow-men how to apply them in advancing
the public welfare.

The general superintendence of the institution may be
committed to a board of commissioners, appointed by Gov-
ernment, to hold their offices during good behavior, and
with power to perpetuate their existence. In this way, the
institution would not only be free from the evils of frequent
changes and political agitations, but would secure to itself,
in the highest degree, the benefits of personal obligation.
These commissioners would teel a deep sense of their respon-
sibility, and that their powers and permanency in place were
given to them that they might have the best opportunity to
make the institution what it ought to be—a distinguished
honor to their country, and a blessing to the world.

Let this board of commissioners procure the best men
that can be found to fill the several professorships that may
be instituted ; and, in order to secure the services of men
of the first powers and attainments, to lecture and conduct
investigations in their appropriate departments, let their
several means to facilitate their studies be ample, and their
stated salaries liberal ; and then its public course of lectur-
ing will be most fully attended, numbers being allured both
by the fame of the professors and the lightness of the fees.
It was in consequence of high salaries that the University
of Gottingen, in the 18th century, rose to the first eminence
in Germany.

As the funds are not now, nor are they likely to be for
some time to come, sufficient to support professorships in
the whole circle of science, it will be necessary to make a
selection. The temptation will be to undertake too much.
A. few chairs, well filled and well sustained, would effect
more than a number far greater than there are adequate
means to snpport. In deciding upon the branches of
knowledge to be taught, I would select those that would
make the institution as much American as a regard for gen-
eral science will allow. In addition to the ordinary profes-
sorships of law, of medicine, of the exact sciences, and
physics, of classical literature, and of modern languages,
&e., I would have one of the English literature, one of
American history, one of American constitutional law and
jurisprudence, one of American institutions, one of civil
engineering and architecture, one of the practical applica-
tion of the exact sciences to the mechanic arts.

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 859

You will perceive that I have said nothing about profes-
sorships in the department of metaphysics. I would rather
leave the whole business of ethical and moral philosophy to
be taught elsewhere, than to introduce it as a distinct course
in a national institution of learning.

Some of the above professorships are of a local and novel
character; but this, [ trust, will not be urged as an objection
against them. The achievement of our independence formed
an epoch in the political world. Let, then, the institution
of this, our first national university, form an epoch in the
republic of science. Much might be said in recommending
the branches appropriate to our country. They are such as
ought to be adopted, out of a regard to our reputation and
to our present wants and future prospects. What have we
done, as yet, to enrich and improve our own tongue? Be-
sides, when we consider that the English language imbodies,
perhaps, richer treasures of science and literature than any
other, and when we consider that it is spoken by two of the
most commercial, enterprising, and powerful nations upon
the earth—nations which are doing more than any other two
that can be named, in forming colonies, and in diffusing
knowledge and the light of Christianity—how powerful is
the motive to cultivate and carry it to the highest state of
refinement and power.

With regard to buildings, it may be remarked that it
would be wisest to erect no more than are necessary for the
library, the apparatus, a cabinet of minerals, collection of
models, specimens, curiosities, &c., for the accommodation
of the professors when lecturing or engaged in their inves-
tigations. The scholars, instead of eating in common,
might be accommodated in private boarding houses. If
this course be pursued, the interest which has accrued and
which will accrue on the bequest, before the institution can
be organized, will probably be sufficient to erect all the
necessary buildings, and leave a handsome sum to be ex-
pended upon a library, apparatus, &c., so that the whole of
the original donation may be invested for a permanent
fund.

It will be of vital moment that the professors and stu-
dents should be rich in the external means of knowledge—
an extensive and well-chosen library, instruments, appara-
tus, models, specimens, &c. Especially would I recommend
that there should be an astronomical observatory connected
with the institution. The expense of this would not be
very great, and the Government are already in possession
of many of the requisite instruments. By such means, a

860 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

meridian may be established, not only for our own country,
but for the western continent. To this all our national sur-
veys, our charts, &c., may be referred. Astronomical
observations might be made, for which our position and
climate offer peculiar advantages. There is now no observ-
atory worth naming in this part of the world. Let, then,
the American Government now build one, and it will not
only be an honor to the nation, but it will be a powerful
reason for giving permanency to the present seat of Gov-
ernment.

It may not be thought best to employ any artificial means
for stimulants to rivalship, and to seek for literary honors.
Congress will always have the right of visitation, and they
can, if they please, direct the committee whom they may
appoint to attend the stated examinations of the various
classes, to award medals, or some other mark of distinction,
to those scholars who shall give the best proof of profi-
ciency, or the ablest essays on appointed subjects. But it
should be remembered that the community at large consti-
tute, in fact, the most efficient board of overseers, and that
that institution will be the most honored and frequented,
which sends forth the best prepared and the most faithful
agents to meet the wants of their country.

I have the honor, sir, to be yours, with sentiments of,
great respect and esteem,

S. Cuapin.

To Martin Van BurREN,

President of the United States.

Letter from Horatio Hubbell.

PHILADELPHIA, September 20, 1838.

To the President of the United States :

Dear Sir: I had the honor sometime past to address you
a letter upon the subject of a volunteer navy, which subject
I shall, at some future day, resume, and show how it can be
effected by means of a steam navy, (if no other way,) which
will supercede among civilized nations, every other, in the
course of the next thirty years. I now, however, address
you upon a subject of more importance than a navy—I mean
upon the subject of education—as that subject arises out of
a consideration of the Smithsonian legacy, as it is called.
As to that legacy, the first thing that I beg of you, sir, is to
guard it sacredly from those cormorants who stand ready

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 861

upon all occasions to convert everything into a subject of
peculation. The Girard College, in this city, is an instance
of this avaricious rapacity. It has already cost, in construct-
ing the builings, I am most credibly informed, 2,000,000
dollars, and will make the fortune of all concerned. I hope it
willbeawarning. Itis melancholy to behold such a violation
of the wishes and views of the devisor. It seems to be the
mania in this speculating country, that when a college or
university is to be founded, the first step to be taken is to
lay out the funds in expensive edifices, and that when this is
effected, the institution is established. If we, however,
consider a university as a seat of learning, and not as a public
hotel, we see that something else is requisite besides the
erection of palaces and temples. It is under this point of
view that I submit with great diffidence the following sug-
gestions to your better judgment. The idea that I connect
with the notion of an university is, as before suggested, a
seat of learning. In order to make it one, such a library
should at once be collected as will exceed any now in the
United States, will compete with those of Europe, (France
and Germany,) and will, in consequence, induce the devotees
of science and learning to flock to it from every part of the
country—your university will then flourish. The students
of that university will progress with rapidity, because their
means of acquisition are expanded. You will not only have
boys studying there, but men, for it can be made a condi-
tion of access to these books that they pay a fee, and become
enrolled as members of the institution. The professors of
your university will become eminent men and leading teach-
ers, because they will have treasures at hand, from which
assiduity and diligence can collect indefinitely. Some will
tell you you must bring learned professors together to form
your institution. Let me say, sir, this is the very way to
make them so, by giving them the means and by spurring
their emulation as the Germans do, as I shall state directly.
No one, except he who has had occasion to pursue a partic-
ular branch of study, can feel the utter dearth of books that
exists in this country—having myself had occasion lately to
pursue some mathematical researches, I had to import two
hundred dollars worth of books. In forming and model-
ing our institutions I consider, sir, Germany and France as
the leading nations of the civilized world on the subject of
education. The vastness and richness of their libraries, the
number and unwearied industry of their scientific and
learned men, the glorious emulation that exists amongst
them, and the singular felicity of their methods of instruc-

862 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

tion, have raised them to this splendid elevation. Having
been in Germany, and being in constant habits of familiarity
with learned Germans, I can speak more particularly of
that great country which forms a mighty ganglion in human
science. The universities of Germany are generally situa-
ted in the smaller towns—some in mere villages, or what
would be villages without them—such, for instance, are
Halle and Gottingen. There are no buildings to distin-
guish them, except one or two halls for lectures and libra-
ries ; the students boarding about amongst the inhabitants.
There is no parade of splendid buildings; the ornaments of
these universities are their books, their collections, their
apparatus, and the intellect of their eminent and illustrious
professors ; how could they be otherwise, with libraries of
80,000, 100,000, 2 and 800,000 volumes. The professors are
classed into the ordinary, (ordentliche,) and the extra or
extraordinary, (ausserordentliche ;) the first are paid by the
government, salaries of about $1,500, our money, and they
have the right of receiving gratuitous fees from the stu-
dents. The extra professors receive no salaries, but depend
entirely on gratuitous fees from the students, their diligence
and talent frequently carry them ahead of the ordinaries.
When a vacancy happens among the ordinary professorships,
the extra are next in the line of promotion; from this
arrangement you will perceive there are in a German uni-
versity several professors on the same subject—those that
know the most have the largest attendance, and take the
most fees, and consequently the emulation is always stimu-
lated, and leads to the most strenuous exertions. There are
sometimes upwards of eighty professors in a university ;
besides the professors, there are the private dozen answering
to our tutors, but with more learning, who depend on fees,
and stand next to the extras in the line of promotion. In
modeling our university, [ should think this plan would be
advisable to be adopted. At present, Lam not aware that
anything can be added on this point; the library is a thing
that cannot, perhaps, be carried to its utmost perfection at
once, it must be formed carefully and judiciously—but of
the five hundred thousand dollars, of which this legacy con-
sists—Government should not hesitate to lay out at once
one hundred and fifty thousand dollars in the purchase of
books; this would form a nucleus, to which gradual addi-
tions could be made every year. The one hundred and fifty
thousand dollars could be laid out the most judiciously at
the great Leipzig fairs, where almost all the intellectual
productions of Europe and America are brought together.

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 863

The individuals who control the Girard fund have employed
an individual, at the enormous salary of $4,000 a year, to
travel in Europe, to ascertain the best methods of instruc-
tion. I will undertake to say, without vanity, that I will
sit here in my office, and from my knowledge of the Ger-
man and French languages, I will, in nine months, collect
more information on the subject of education, than that in-
dividual can or will, and, in addition thereto, I will, without
charging Government a cent, except my needful expenses,
attend at the fairs of Leipzig, and purchase in Germany and
France, a library for the new university, encyclopedic in its
character, and for half the price that it could be done in
England. The legacy, if Iam correctly informed, amounts
to $500,000, if thereof $50,000 is devoted to the purchase
of apparatus, (the best can be procured in Munich, in Ger-
many,) and $150,000 for the library, you will have $300,000
to endow ten professorships, at $1,500 salary, arising from
the interest, at five per cent. per annum of the $300,000.
Congress must supply appropriations to erect a hall for lec-
tures and for the library and apparatus, and to endow any
other professorship necessary. There should be one profes-
sorship of pure mathematics, one of applied mathematics,
one of astronomy, one of the other branches of physics, or
what we commonly eall natural philosophy ; one of natural
history, for it is a disgraceful fact that in none of our col-
leges do they teach Cuvier, Buffon, Oken, or our own Wil-
son and Audubon. One professorship arising out of the
last, to wit: for the science of rearing and taking care of
all domestic animals and agricultural products. One would
suppose that these two last professorships would be of some
use in a country whose riches arise from their sheep, their horses,
and if not now, in a very short time, from their si/k worms.
Education begins now to be a synonymous term with the
progressive advancement of our race, and of these things
men have begun to study the philosophy—one of chem-
istry, theoretical, one of chemistry, apphed to manufacture,
one of chemistry applied to agriculture. Let me say, that
on this subject professorships cannot be too much multi-
plied—it is the great lever of the world—one of oriental
languages,* one of modern languages,} one of Latin and

*N. B.—I would add that our relations begin to multiply with the East
in embassies, and our missionaries want the Oriental professorship.

+ Almost every civilized country deems it necessary that their diplomatic
agents should be able to converse with the people to whom they are sent :—
does ours? Then the professorship of modern European languages would
be of use.

864 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

Greek, one of philology, criticism, logic, and metaphysics.
As an university should embrace the whole round of human
science, Congress should come to the aid of the legacy ; you
should have a faculty of medicine and law. The faculty of
medicine should embrace, besides surgery, anatomy, botany,
practice of medicine, one of physiology and pathology; the
homeopathic materia medica and practice of medicines, besides
the old allopathic system, for which, I assure you, sir, as an
individual, I have the most sovereign contempt. The old
system of therapeutics, I suppose, must be taught for fash-
ion’s sake, but its hour has tolled. These, sir, are a few of
the ideas that have occurred to me relative to the formation
of an university.

I am desirous of seeing my country advance, and we
never shall advance unless we found our institutions upon
other models than those which such wretched seminaries as
college and others of the like kind present through our
country. Let us have an institution where men can be in-
structed, and not a grammar school, where even the rudi-
ments of learning are badly imbibed.

I have the honor to remain, dear sir, your friend and fel-
low citizen, Horatio Huppett.

To Hon. Martin Van Buren,

President of the United States.

From The Southern Literary Messenger, Richmond, Va., 1838,
Vol. V, p. 828.

The time is rapidly approaching when the Congress of
the United States will be compelled, by considerations too.
strong to be resisted, to give effect to the munificent bequest
of Mr. Smithson, by the establishment of an institute at
the seat of the National Government, for the ‘diffusion of
knowledge among men.” In view of this important move-
ment, and feeling a deep interest in the successful accom-
plishment of a scheme which promises so much benefit to
succeeding generations, we have taken the liberty to address
various inquiries to an accomplished friend, in relation to
Mr. Smithson himself, as well as the proposed institution at
Washington. The answer to the first part of our inquiries,
relating to the character and philosophical opinions of the
testator, we have now the pleasure of spreading before our
readers, and we hope, in the January number of the Mes-
senger, to furnish our correspondent’s views, in detail, of
the best system of instruction which can be devised in ful-

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 865

fillment of the testator’s intentions; and which shall, at the
same time, be best adapted to the wants and genius of the
American people. Our obliging correspondent, by his con-
nection with learned institutions in this country, and famil-
lar acquaintance with those in-Europe, could have no supe-
rior in the accomplishment of the task which we have used
the freedom to solicit at his hands.—Hd. Lit. Mes.

LETTER.

Mra Da. WW arre.

My Dear Sir: I received your letter duly, and reply,
with much pleasure, at the earliest opportunity.

The character of the late Mr. Smithson, is certainly very
much misunderstood among us. That a man of a philo-
sophic turn of mind, of few wants, and a retired habit of
life, should in process of time acquire a competent fortune,
is not at all strange. As to the way in which he thought
fit to dispose of his property, the very act itself bears the
mark of a most noble generosity, and is a public token of
the opinions of a learned foreigner on our institutions and
Government.

The first duty of an executor, is to perform faithfully the
wishes of the testator—as far as he can understand them.
fis acceptance of the trust is his own act, But once having
undertaken that task, he is bound by the laws of all socie-
ties to proceed to its completion.

The United States can do nothing in this matter, except
what is dictated by the loftiest principles of honor. There
is that sensitiveness among us, originating in a feeling of
national pride, which shrinks from anything having even
the remotest appearance of a misappropriation for self-ag-
grandizement. We are an exceedingly wealthy people—
we need not foreign eleemosynary aid to equip exploring
expeditions or erect an astronomical observatory.

Our general Government has undertaken an important
duty. It has received from the hands of an European phi-
losopher a certain sum of money, binding itself to apply it,
in conformity to his wishes, for the diffusion of useful
knowledge. A spectacle so singular has not perhaps been
exhibited before. We have undertaken to perform a great
duty for our fellow men and for posterity. The eyes of the
learned in all parts of the world are upon us—it is a point
on which national integrity and national honor are con-
cerned—a point on which party feeling must not bear. We
all know that some doubts have been raised as to the pro-
priety, or even the power of Government, to do what it has.

vo

866 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

But what is done, is irrevocable—it must not be written in
American history, that when this Republic was called upon
to aid in the cause of the diffusion of knowledge and virtue
among mankind, it made the attempt, and failed from in-
competency.

With the late Mr. Smithson I was never acquainted. He
spent much of his time on the continent, and, it is said, was
a man of reserved habits. You know already that he cul-
tivated with much assiduity chemical pursuits; but very
few are aware, that he wrote, to some extent, on these topics.
An idea of his feelings and turn of mind may be gathered
from these papers.

His passion for chemistry appears to have commenced
early in life, and continued to its close. He seems to have
been on terms of familiar acquaintance with Dr. Black, and
some of the leading members of the old Scottish school.
There is extant a letter from the former gentleman to him,
dated 1790; its conclusion runs—

‘© We have no chemical news—I am employed in examining the Iceland
waters, but have often been interrupted—I never heard before of the
quartz-like crystals of barytes aerata, nor of the sand and new earth from
New Holland. Indistinct reports of new metals have reached us, but no
particulars. Some further account of these things from you, will therefore
be very agreeable. Dr. Hutton joins me in compliments to you, and wish-
ing you all good things,

“7 am, dear sir, your faithful, humble servant,
‘* JosEPH BLACK.’’

The Dr. Hutton here mentioned, was the same philoso-
pher who made so distinguished a figure in Geology, as the
antagonist of the celebrated German, Werner.

At the commencement of the present century, there used
to be published in London a monthly scientific journal,
known under the name of Nicholson’s magazine; it after-
wards gave way to the Annals of Philosophy, commenced
about 1813 by Dr. Thomas Thomson. To the pages of
both these works, Mr. Smithson was a contributor. I re-
member formerly to have seen, in a number of Nicholson

for 1808, an account of the analysis of a mineral performed.

by him; the signature to it is James Smithson, Hsq., P. R.
8S. Whether this is a misprint for F. R. 8., or not, I have
not now the means of knowing. It struck me, at the time,
that it must have been an error, for I have never heard that
he had been President of the Royal Society. He was, how-
ever, a fellow of it, and very often had communications
read before it. Some of your readers who have access to
the transactions of the Royal Society, might easily deter-
mine this interesting point.

ae

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 867

You have asked me,«to tell you any particulars in refer-
ence to his philosophical or other opinions. That he was a
man of much acumen in these matters, a paper read before
the Society in 1813 may serve to show. It is stated, that
when he was in Italy in 1794, a substance that had been
ejected from Vesuvius was given to him for examination,
and he ascertained, after some trials, that it consisted
chiefly of sulphate of potash; on re-examining it with
more accuracy, he determined it to be a very complex saline
compound. By way of introduction to his paper, he gives
a view of his ideas about the origin of the earth. In his
opinion, it was either a sun or a “comet, and was brought
into the state in which it now is, by undergoing combustion
on its surface. The voleanoes are relics of this original
combustion, and the materials were the metallic bases of
which the primitive strata are composed. Asa proof that
these primitive strata have been formed by combustion, he
mentions that ‘ garnets, hornblende, and other crystals
found in them, contain no water; and that little or no
water is to be found in the primitive strata themselves.”
This paper is in the Transactions for 1813.

So you see, he had come, by chemical reasoning, to a
conclusion similar to that which Fourier was contempora-
neously publishing in France, as the result of mathematical
investigation, that the earth is nothing more than an en-
crusted star.

Sometime after this, he commenced an investigation into
the nature of the colors of végetables and insects; he no-
ticed that the red color of flowers, is occasionally produced
by the union of carbonic acid with a blue substance.

In a letter written at Rome, in 1819, and which was pub-
lished in the Annals of Philosophy the “same year, respect-
ing a remarkable mineral of lead, he makes allusion to one
of the ablest of his contemporary chemists: ‘‘ The first
discovery of the composition of this singular substance
belongs, however, to my illustrious and unfortunate friend,
and indeed distant relative, the late Smithson Tennant. ,
This gentleman was professor of Chemistry in the Univer-
sity of Cambridge—he was the son of a Yorkshire clergy-
man—was early. in life deprived of his father; his mother
was killed by being thrown from her horse, whilst riding
beside him. He himself, by a similar accident, had his
collar-bone broken, many years after; and by a third re-
markable coincidence, lost his life. But the story is singu-
Jar—I will tell it you.

Mr. Tennant and Baron Bulow, a German officer, after the

868 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

peace of 1814, had been traveling on the continent, and ar-
rived at Calais, with a view of crossing the channel to Dover ;
they were, however, detained several days by the inclem-
ency of the weather. They attempted to get to Boulogne,
to try the chance of a passage from there, but the vessel in
which they embarked was forced to put back. To pass
time, they agreed to take horses, look around the country
and view a fort near Bonaparte’s pillar. At the entrance
of this fort was a deep fosse, which was approached over a
fixed bridge, and then over a drawbridge, that turned upon
a pivot; the end nearest them was commonly fastened by a
bolt, but it happened that this had been stolen a fortnight
before, and had not been replaced. They did not discover
this. As the bridge was too narrow for both to ride abreast,
the Baron went first, but perceiving that the bridge was
sinking, he attempted to gallop over, and called to his friend
to go back. It was too late; both were precipitated into
the fosse, and though his companion was hardly hurt, Pro-
fessor Tennant was taken up from under his horse, and
died a few hours after.

The following is a list of the different papers published
by Mr. Smithson, which are in my library. Beside these,
there are many others in English and foreign journals that
[ have not seen:

1. A few remarks relative to the coloring matter of some
vegetables and insects.

2. Analysis of a saline substance, ejected from Mount
Vesuvius. .

3. On a substance from the elm tree, called ulmin.

4, On native hydrous aluminate of lead, or plomb-
gomme.

5. On a native compound of sulphuret of lead and arse-
nic.

6. On a fibrous metallic copper.

7. On a native combination of suipbate of barium and
fluoride of calcium.

8. On some capillary metallic eae

9. On the detection of very minute quantities of arsenic
and mercury.

10. Some improvements in common lamps.

11. On the erystalline form of ice.

12. Onthe means of discriminating between the sulphates
of barium and strontium.

13. On the discovery of acids in mineral substances.

14. A discovery of chloride of potassum in the earth.

15. On an improved method of making coffee.

ei Dl ee

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 869

16. A method of fixing particles on the sappare.

17. On some compounds of fluorine.

18. An examination of some Egyptian colors.

19. Some observations on Mr. Penn’s theory, concerning
the formation of the Kirkdale cave.

20. Remarks on a balance.

The paper on Egyptian colors, contains some curious
facts in reference to the pigments used by that ancient peo-
ple for staining glass and painting generally.

His observations on Penn’s theory, would be read with
some interest—they show the author’s physico-theological
opinions on some contested points. The following are ex-
tracts :

‘‘No observer of the earth can doubt that it has undergone very consid-
erable changes. Its strata are everywhere broken and disordered, and in
many of them are enclosed the remains of innumerable beings which once
had life, and these beings appear to have been strangers to the climates, in
which their remains now exist.

‘In a book, held by a large portion of mankind to have been written
from divine inspiration, an universal deluge is recorded. It was natural
for the believers in this deluge, to refer to its action all or many of the
phenomena in question, and the more so as they seemed to find in them
a corroboration of the event.

“Accordingly, this is what was done as soon as any desire to account for
these appearances on the earth became felt. The success, however, was not
such as to obtain the general assent of the learned, and the attempt fell
into neglect and oblivion.

“Able hands have lately undertaken the revival of this system. Mr.
Penn has endeavored to reconeile it with the facts of the Kirkdale cave,
which appeared to be strongly inimical to it.

“Acquainted with Mr. Penn’s opinions only from the ‘Analysis of the
Supplement to the Comparative Estimate,’ in the Journal of the Royal
Institution, * * I have hesitated long about communicating the present
observations, which presented themselves during the perusal of the above-
mentioned slender abstract.

‘‘T have yielded to a sense of the importance of the subject in more than
one respect, and of the uncertainty when I shall acquire ampler informa-
tion at more voluminous sources—to a conviction that it is in his knowledge,
that man has found his greatness and his happiness, the high superiority
which he holds over the other animals which inhabit the earth with him, and
consequently that no ignorance is probably without loss to him, no error with-
out evil—and that it is therefore preferable to urge unwarranted doubts,
which can only occasion additional light to become elicited, than to risk by
silence to let a question settle to rest, while any unsupported assumptions
are involved in it.’*

I have taken the liberty of italicizing here, to call to your
attention how deeply impressed was the mind of this man
with the importance of the diffusion of USEFUL PRACTICAL
KNOWLEDGE. A few years after, he leaves his whole fortune
to carry out the sentiment he here expresses.

[Ilcre follow extracts, for which see ‘‘ Writings of James Smithson.’’]

* * * * *K * *

I trust I have been able to cast some light on the charac-

870 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

ter of this philanthropist and philosopher. If you think
proper to publish any part of these facts in your excellent
journal, they are entirely at your service. Erroneous im-
pressions of the character of a good man ought to be cleared
away.

As to your second request, that I would indicate some-
thing of the nature of the proposed institution, if I can find
time I will give you a few thoughts. A determination on
this point is not difficult; we ought to be guided by the
known wishes of the testator; by the wants of education
generally; and, lastly, by a consideration of what modifica-
tions are needed to make it harmonize with principles and
institutions existing among us.

And believe me, yours truly, A

From The Southern Literary Messenger, Richmond, Va., 1840,
Vol. Vil, p. "25:

We publish below our correspondent’s second letter upon
this important subject. We sincerely commend it to the
attention and consideration of our readers. Every friend
to the cause of education—every lover of the welfare and
progress of his country—must be deeply interested as to the
result which shall dispose of this bequest. We occupy a
wide domain of country. It has been bought with blood,
and is sacred to freedom—it is filling up with an energetic
and industrious population, and it must be the theatre of
mighty action. Itisso already. The springs of enterprise
are in wide-spread operation among us. Towns spring up
as by magic in the wilderness, factories line almost every
stream, and mills are toiling on every cataract. The bugle
of the boatman startles the distant recesses of the west, and
ponderous wains, laden with precious stores, glide past us
by the hundred. ‘Tne rail car thunders from peopled mart
to peopled mart, through ancient solitudes and the abodes
of the panther, and the roar of the steam-barge is heard
from the waters of the great Mississippi to the far banks of
the Penobscot. Our white sails are sheeting over the foam-
ing billows of every known sea, and fire-winged ships are
speeding to and fro, between us and the Old World, con-
tinually. Our streets are blockaded with jars and boxes and
bales, and our wharves are enforested by the masts of every
nation of the civilized globe. From morn to night, cease-

a

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 871

lessly, from loom and forge and mill and warehouse, from
street and stream, there is one great roar and clangor and
tumult of business.

But, we ask, is this ail that shall be said of us? Shall the
monuments which we build up in this vast arena, and with
all our elements of power, be nothing but magnificent
fabrics—evidences only of our wealth and our physical
strength? Shall we cleave archways through the solid
granite, and link distant regions with bands of iron, and
rear splendid dwellings, and build forges and wharves and
bridges and mills—shall we do all this, and yet add nothing
to the treasury of mind? Shall we make no discoveries in
science—shall we open no new, broad fields of knowledge ?
We trust that we shall not so forget the nobler ends of
man—that we shall not be so false to the great Ipra of the
age. We trust that we shall pile up monuments more
durable than fabrics of marble. We entirely agree with
our correspondent, in the opinion that in disposing of this
bequest, the design of the testator should be ascertained
and strictly carried out. We agree with him also thus far,
that if much that is taught under the present system of
education is not useless, much is not taught, or is but
slightly heeded, that is eminently essential to true knowl-
edge and to progress. He thinks us “too literary” to coin-
cide with his views. We are not so much so as to disagree
with him in his idea of the objects of the institution pro-
posed below. Literature and science, in our view, go hand
in hand, and both have their mission to perform in develop-
ing all the faculties of “Tur Minp.” Let the disposition of
this legacy in the way proposed by Delta, be one step which
our legislators shall take towards accomplishing something,
in this highly favored portion of the globe, for the mental
welfare not only of the country but of the age—of the race.
We beg pardon of our readers if we have detained them
too long from the article of our correspondent. Once more
we request them to peruse it attentively and reflectingly.
Independent of the cause which it advocates with so much
power, they will find it a choice specimen of strong and
manly composition. Let them be prepared to act, and to
act rightly, upon the question of the Smithsonian Bequest.
—Ed. So. Lit. Mess.

872 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

LETTER II.

Mr. Tu. W. WHITE.

My Dear Sir: I received yours of the 6th inst. duly, and
though much pressed with business, hasten to comply with
your “request.

It would have given me pleasure to have seen this subject
treated of by others, whose opinions on the course of educa-
tion agree better with those current than mine. Such as
they are, I do not shrink from avowing them. You will
receive them, as the deliberate conviction of a man who has
seen life not alone in the closet but also in the world; who
has passed through seasons of adversity as well as times of
prosperity, conditions which are incident to us all; who,
having been brought up in the very system he here con-
demns, has had the opportunity of observing its results, not
only in the activity of cities, where they say “refinement, pre-
vails, but also in the solitudes of the forest; a man who is
unskilful in the harmony of words, and speaks only of plain
tacts; whose lot has cast him where information on these
matters might have been obtained; who has but few sym-
pathies for the cause of public education as it now exists,
and has learned to regard it as based upon an erroneous
view of the character and wants of mankind—producing a
forced state of society—and as an eminent obstacle to the
progress of THE HUMAN INTELLECT.

It is not necessary to trace the history of the system of
education adopted on this continent, and in many parts of
Europe, to its remote origin. The dark ages we are accus-
tomed to regard, as a kind of relapse of the whole human
family from a state of enlightenment into one of deep ob-
security; but there is such a thing as the MIND OF THE WORLD,
which is not liable to these vicissitudes, and undergoes no
change except that of development. No part of Europe,
even in the Augustan age, was possessed of any store of
knowledge w hich was likely to be durable—tfor poetry and
letters generally, are not the property of the whole human
race, but simply that of individual nations, and hence are
liable to be affected by the rise and fall of empires. Those
faint and uncertain indications of light which we trace in
the history of Greece, were but the radiations of a brighter
day which was shining in the East; for the sun of knowl-
edge never rose on Europe until the beginning of the thir-
teenth century—the pale crescent of the Saracens was his
harbinger. Europe could never lapse from a state to which
she had never attained. I know that you will not partici-

ep cea Bae Te te

= aut

Cah

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 873

pate with me in these views. You will tell me that the

atins and the Greeks were the men; but, sir, posterity will
surely learn to estimate the value of races of men, only by
their contribution to the common stock of human wisdom
and human greatness: the Aineid is the property of Italy—
the printing press the property of the Universe.

When Peter the Hermit preached the Crusades, he little
dreamed what would be the result of his ministrations.
The savage tribes that went from the shores of Western
Europe, brought back with them from Damascus and As-
calon a leaven which speedily leavened the whole lump.
A spirit of inquiry was generated—the study of what was
designated by the monks of those days, the ancient languages
—a misnomer which has descended even to us—was com-
menced with avidity; and knights and noblemen, who but
a few years before could neither read nor write, pored over
the Iliad with raptures, and became subtle casuists in the
philosophy of Aristotle. The monastic institution, then
prevalent all over Europe, gave a tint to learning—for be-
cause the monks found it necessary to read the works of
the fathers in their original tongues, they asserted that this
transcended all other knowledge; and so loudly and so well
did they pursue their asseverations, that even in the nine-
teenth century we find men who will scarcely believe that
there have existed conquerors more successful than Caesar—
empires richer and more extensive than that of Rome—
people as civilized and as enlightened as the Grecians.

The genius of Lord Verulam had already taught men the
true method of becoming powerful and wise, when Newton
was born. This man, gifted for a few years by Providence
with a most gigantic intellect—which, when it had accom-
plished the designed object, was withdrawn from him—has
exercised an influence of no common kind on the destinies of
his race. The inductive method of philosophy was crowned
with a series of the most brilliant results; but even here,
where we might least expect it, we find a proneness of the
human mind to wander into error. <A tribe of bastard
sciences has arisen—the sciences of the mind—the illegiti-
mate offspring of the union of the philosophy of Bacon, in
its first years of wantonness and youth, with the shrivelled
metaphysics of the old schools. An Alexandrian philosopher
is said to have told the king of Egypt, that there was no royal
road to science; but we, in these latter days of refinement,
have found one—a method which gives to superficial learn-
ing the appearance of wisdom, and to crude ideas and child-
ish speculations the aspect of a perfect science—like the

874 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

mirrors of a kaleidoscope, which transpose pieces of straw,
and fragments of broken glass, into forms of beauty and
symmetrical shapes.

And thus it comes to pass, that the course of events has
entailed on us a system of education of a most heterogeneous
character. I do not now speak of professional education,
but limit these remarks strictly to what is done in our Col-
leges and Universities; for in common with most of the
schools of Europe, we there give instruction in only four
departments. Ist. Ancient Languages. 2d. Intellectual
Science. 38d. Mathematics; and 4th. Physics—which last
are inseparably allied. I need hardly say, that I exscind,
for obvious reasons, all incidental courses of instruction
which are instituted from secondary or interested motives.
A professorship of Poetry is ludicrous; no man expects a
professor of belles-lettres to write with elegance his mother
tongue; and every one knows that the only effective pro-
fessor of history is a good library.

Should Congress, in its wisdom, ever see fit to found in
the City of Washington a National University—a rival to
the old universities of Europe—it would give me pleasure
to hear that all these subjects, even such as I have com-
mented on, were taught there; but the funds given for the
establishment of the Smithsonian Institute will not bear
such an expansion. Those subjects alone must be taught
which come within the intention of the donor, and others
introduced only as specific means are provided for them.
Let us then try to ascertain what is meant by the “diffusion
of knowledge among men.”

An Arabian merchant, who lived at Surat, and exchanged
the gold dust and ivory which he brought from Africa for
the silk shawls and gums of India, had amassed a consider-
able fortune by his traffic. He had an only son, whom he
desired to bring up to his own business. When the boy
came to be six years of age, his father called a meeting of
his kinsfolk and friends, to consult with them as to the
course of his son’s education. Among the rest there came
a certain Mufti, who spoke, with an oracular voice, as fol-
lows: ‘My friend, thou sayest it is thy intention to make
thy son a trader—now hear my advice. It is well known
that the profession of a merchant requires great quickness
of counsel, great promptitude of action, and an unflinching
integrity. Our fathers, for some centuries past, have fixed
on a preparatory course of instruction, well calculated to
produce these results. We their children are living wit-
nesses of the correctness of their judgment. It is well

nial 0 lll

le

ee ee ee

eal ae

ee

— ———

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 875

known to you all, my friends, that about three thousand
years ago there existed in those regions where the Nile
empties its waters into the great sea a race of men skilled
in all human wisdom and the divination of counsels—from
whom, as it is reported, we have received whatever it is
desirable for us to know. Procure, therefore, for this boy,
a man well skilled in the learning of that ancient people,
who shall teach him to decypher their languge, indoctrinate
him into their customs, and initiate him into their religion.
Now, although the gods of this people were guilty of certain
excesses, it shall come to pass that the study of this very
thing shall lead the boy to virtue, as also the reading of
their curious hieroglyphs shall give him a correct knowledge
of the dialect of Mecca. I would also have him taught the
writings of the ancient Sabeans—a people residing in a re-
mote period in Persia—and by no means omit to translate
ten thousand words of the poetry of Chinese, which will
give him a taste for beauty of composition, and doubtless
enable him to write a fair commercial hand. When he has
completed about twelve years in these pursuits, I would let
him journey to view the pyramids, or contemplate the cave
of Elephanta—objects which will expand his mind to a con-
ception of the sublime and beautiful. This done, thy son
shall then have his mind so sharpened as to receive with
avidity the secrets of the trading life, and shall prove a sue-
cessful merchant. Ye have my words.”

There also was present the partner of the boy’s father, a
man of uncommanding appearance and unready delivery,
but who feeling much interest for the son of his friend, rose
and spake: ‘‘Ye have heard what the learned Mufti hath
said. JI am a man slow of comprehension—that cannot
understand what the learning of the Egyptians or the Chinese
hath to do with us—one that would suppose it better to learn
Arabic by studying Arabic, than to learn Arabic by study-
ing hieroglyphics. In my youth I traversed many nations,
and have seen men of many colors and many climates. I
have found that there is a fitness in all things—that dalliance
with harlots is not an incentive to virtue, nor the company
of fools productive of a wise man. Certain events can only
be brought about by the operation of certain causes. Hadst
thou intended thy son to be a soldier, then thou shouldst
teach him the arts of horsemanship and to wield the spear.
Hadst thou intended him for a Mufti, then the course now
advised might have been the best. But, because thou wilt
have him a merchant, instruct him in the letters and arts of
Arabia; let him learn the courses of the stars that he may

876 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

hereafter recognize his way across the desert. Put into his
hands the Koran, which shall guide him to virtue. Let him
be taught the history and modes of life of the people among
whom he is to procure his gold dust and ivory—the language
of the men among whom he has to traffic. He will never
sell his commodities to dead Egyptians, or to Chinese poets,
or to extinct Sabeans. It is better that his mind should be
enlarged by commerce with the men of his day than warped
by a half-taught pedagogue. Itis better he should speak
the language of men with whom he is to come in contact
than spend many years in acquiring what can never be used,
save among the tombs of the mummies.

‘And as to any refinement of mind that springs from the
use of these antiquated studies—though amongst us Ara-
bians such is said to be the case—yet in a long life I have
never seen it. But on the other hand, I have uniformly
observed that those men who had spent all their days in
these pursuits, and therefore had become possessed of all
the advantages proposed, if any such exist, were uniformly
men of indifferent taste and not calculated to bear the shocks
of active life.”

But among the company were many who followed only
prescriptive opinion; and Hassan, the merchant, was in-
duced that evening to hire a tutor for his son, who on the
morrow began the study of Egyptian literature.

Thus, sir, the course of education among us has origin-
ated in a cramped view of mankind. There is too much
proneness among us to regard ourselves and the things just
around us as Universal Nature. It isa hard thing to cure
aman of vanity. You write to me, that the barometer in
your study rose yesterday in consequence of an easterly
wind; but it is far more probable that your barometer was
affected by atmospheric changes that had occurred in the
remote regions of Central Africa, or even upon the steppes
of Tartary, than by the wind which whistled round your
dwelling. Asin the physical, so also in the moral world,
we perpetually run into error for want of taking a general
view of things. Our whole course of study tends to this
result—instead of considering the world as an unity, we ex-
pand ourselves into the representatives of the world. We
look upon ourselves as the favorites of Heaven; and emu-
lating the example of the natives of Athens, regard all the
rest of mankind as barbarians. We forget that there are
millions besides us, partakers of the pleasures of human
happiness and the pangs of human agony—that in the eye
of Providence we are all on a common level, and one com-

a A i ene i a

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 877

mon lot awaits us all—that there is a due proportion of hap-
piness and misery poured into the cup of each individual,
whether it be the camel-driver on the plains of Bagdad or
the QuEEN of the Britisu Empire; not recollecting the lesson
taught us by one of old, that there zs no difference between
the Jew and the Greek; but there is OnE who sees us all,
and whose kind hand supports us ali—who maketh his sun
to shine on the good and the evil—who sendeth his rain on
the just, and on the unjust.

It is feelings like these, arising from confined views, that
have influenced our system of public education. In the
course of life it has happened to me to see the result. How
many of our educated young men, who have passed the
routine of college, and received college honors—how many
have you known, who had learned so much as the name of
Tremusin—a man, who hardly half a dozen centuries ago,
propagated at the point of the sword one of the leading
doctrines of the French Revolution—who ruled over an
empire of greater extent, and of vaster riches, than the
Roman in its palmiest days—who put to death one-fortieth
part of the whole human family—before whose greatness,
as human greatness is measured, the fame of Pompey and
Ceesar fades away? TIlow many have you known who could
repeat the history of Timur, whose empire was bounded
on one side by the seas of China, and on the other extended
into the heart of Europe? They have been told that there
was no battle like Pharsalia—no monarch like Augustus—
no city like Rome. They have never known that whilst the
contemptible kings of Europe could not even write their
names, there were monarchs in Asia, ruling over millions
of men, skilled in the most difficult parts of human knowl-
edge, and accomplishing conquests as much by their science
as their arms; that whilst Europe was plunged in the most
benighted ignorance, Htxack, the royal grandson of Tamer-
lane, thought it more honorable to be accounted the first
astronomer of his age than the emperor of all Asia.

From the Romans—a race distinguished from the Etrus-
cans, the former inhabitants of Italy, by their neglect of
the fine arts—by their conquests of violence—by one single
glimmering of literature, and by an inordinate 1gnorance—
we turn to the inhabitants of Greece with far more pleasure,
There we see a race characterized by that same love of free-
dom which we admire so much in our own aboriginal
natives—that cool courage, which having counted the cost,
is prepared to barter life for liberty; but a race more effem-
inate than the red men, for those were capable of enslave-

878 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

ment, but these acknowledge no conquest except that of
extermination.

From nations more advanced than themselves the Greeks
freely confessed that they drew many of their stores of learn-
ing. Even without the advantage of that confession, we
should hardly rank them on a level with many Oriental
people. Their distinguishing characteristic was a correct-
ness of taste. In scientific acquirements they were greatly
beneath the Hindoos. It is true they possessed the Elements
of Euclid,-and gave birth to the Conics of Apollonius; but
the Binomial theorem, and many of its far-reaching conse-
quences, were known to the Brahmins. The glory—and it
is not a small one—of having chiselled the most beautiful
statues, is theirs; but the mountains of Persia were rivals
of Parnassus, for the great Epic of Frrpaust is said not to
shrink from a comparison with the In1ap of Homer. In the
softer and gayer effusions of the muse, even later degenerate
Persia may give rivals to ANacrEoN; her own Hartz shall
vindicate her—

‘‘ Boy! bid the ruby liquid flow,
Nor let they pensive heart be sad,
Whate’er the frowning zealots say,
Tell them—their Eden cannot show
A stream so clear as Rocnabad,

A bower so sweet as Mosselay.’’

If you ask me what people have contributed more to the
advancement of the intellect of the world than the Greeks,
I would point you at once to the Saracens. Who was it that
dispelled the gloom of the dark ages?—the Saracens. Who
was it that introduced into many parts of the world the
learning of Greece itself?—the Saracens. Who taught us
Algebra, that amazing engine of intellectuality ?—the Sara-
eens. Who was it that on the sandy plains of Arabia de-
termined the magnitude of this earth ?—the Saracens. Who
was it that brought experimental chemistry from the East ?—
the Saracens. Who was it that gave us the very first ele-
ments of our commonest knowledge?—who taught us the
first prineples of arithmetic?—the Saracens. The invention
of the cypher will hereafter be regarded as one of the most
capital results that the wit and genius of man has ever pro-
duced. To ascribe to that little emblem so many curious
properties—to combine them in so many harmonious ways,
and from means apparently so slender—to convert arithmetic
from one of the most obscure and most unintelligible to the
most perfect of all the sciences—required a mind skilled in
original research, and stored with untold hoards of knowl-

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 879

edge. The old numerals in use among the Greeks and
Romans rendered it a matter of no small difficulty to per-
form the simplest operations of numbers. Our merchants
seldom think that they owe all the facilities with which they
arrange their intricate accounts, and thereby accomplish all
their manifold commercial speculations, to the genius of
these Mohammedans. I can never give either to Italy or
Greece that meed of unqualified praise which is so lavishly
bestowed by some, when I know that to other races must
be ascribed the invention of the cypher and the-beautiful
game of chess. Far be it from me to detract anything from
the nations of Southern Europe which is so honestly theirs. I
would freely give them, as they might deserve it, the honors
that are due to power, to letters, or to science. I have gazed
with transport on the marbles of the Parthenon, and could
look with the deepest emotion on the dying gladiator, but
I search in vain through the gorgeous range of Roman his-
tory for a single proof of that beautiful talent that is dis-
played in that obscure but most perfect instrument, the
potter’s lathe, an invention of ancient Etruria. There are
rights of mankind as well as rights of nations; and just as
one man may not lawfully usurp the property of his neigh-
bor, no nation has a right to embezzle the honors due to
others. The human family is not so degraded as it is fash-
ionable to think. We do not owe all that makes us wise,
or good, or powerful, to the shores of the Mediterranean.
Our whole system of education is an insult to the dignity
of mankind.

The nineteenth century cannot pass away, in thisland of free
opinions, without witnessing a great change in these respects.
Men who have been accustomed to show perhaps, even in a
blameable excess, an utter disregard for the venerable ap-
pearance of antiquity, will not be slow to investigate what
we all feel to be the safeguard of this great Republic—the
education of its youth. Men, who will have a plain reason
rendered to them for everything, will not be dull to per-
ceive nor slow to apply a remedy. The tokens of this are
already among us. ‘There are institutions now existing that
will show the way in this matter, that will quietly awaken
public opinion, and shake off the nightmare that rides upon it.

Do not misunderstand me. I contend not for the banish-
ment of these studies from our systems of instruction. The
forced state of society in which we live has made them a
part of perfect education. We are often compelled to tolerate
what we may be most eager to remove. But, sir, the mind
of man was never in that state of expansion in which it now

880 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

exists. The philosophy of Verulam has created a new race
of mortals—a race utterly different, both in physical power
and in intellectual refinement, from all other animals on the
face of the earth. Each year, as it passes, is rapidly increas-
ing the difference. One after another, we are subjecting the
imponderable and unseen agents of Nature to our use—Heat,
Electricity, Light. Men that are thus arming themselves
with the force of these elements are not like the former in-
habitants of the globe. We ask not the Egyptian for his
fleetest dromedary; our locomotives run over a whole degree
of the earth’s surface in a single hour. We need not the
elephant of India to drag our ships ashore; our steam engines
give us possession of power that is literally unbounded. We
want not the Tartar with his swift Arab, for our electric
telegraph can transmit our words from one pole to the other
in the twenty-fifth part of a second. At our.command the
beams of the sun become artists, and paint on the plates of
Daguerre scenes which the pencil of Apelles could never
have approached—landscapes inimitably beyond those that
adorn the canvass of Claude Lorraine. To send us to school
to antiquity is to degrade us indeed. The prattle of children
is no instruction to him that is bursting into manhood.
Who can predict what the course of a few years shall ac-
complish? The man whois grasping in his hand the agents
with which it pleases the Almighty to govern this world—
who has made for himself an eye that reaches into the deep
abysses of space, and sees the circling of star around star, in
regions which the eye of an angel alone could pieree—whose
splendid intellect compares together the weights of those
indivisible atoms—those last particles of which the Creator
has formed all material things, or places the sun in a bal-
ance—the man who, instead of indulging in chimerical
speculations about the structure of his own mind, of which
he is in utter ignorance, is adding to himself new senses
which are unlike those that nature has given him, and ex-
panding his organs to the production of results which his
unassisted powers could never have approached—this is not
the man who existed five centuries ago. There is found in
the bowels of the earth, as geologists say, abundant evidence
of a continuous development of the tribes of organized life—
that those which first made their appearance were of the
lower and meaner kind—that one after another has come
into existence, each more elaborate and each more intel-
lectual than its predecessors. The history of our own family
teaches us the same thing, for there is not more difference
between those animal races than there is between the civil-

EN

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 881

ized man of this age and the men of Europe five hundred
years ago.

It is for these reasons that I object to the course of educa-
tion as it exists among us. If it were not for the danger of
being misunderstood I would go more at large into this
matter. It is nota desire to limit instruction, but to enlar ge

it—to give it a bent more suitable to the wants of the age.

Tam not seeking to depreciate the value of any species “of
learning, but to point out what is most congenial to the
present position of mankind. Iam not seeking to disparage
the rights of any nation—to cast slight on any forms ‘Of
study — put to find out w ays for the more rapid and energetic
development of HUMAN THOUGHT, and to assert THE MAJESTY
OF HUMAN INTELLECT.

If you read over the papers of the late Mr. Smithson—of
which you have published a list—you will see there these
same feelings in strong relief. His fancy did not riot in
scenes of mere imagination, but took hold of things of prac-
tical utility. It was the spirit of the school of Bacon that
was in him, that taught him to investigate with equal zeal,
experimentall y, the original formation of the earth, or the best
method of burning an oil-lamp, or the mode of retaining
the aroma in coffee. Through the course of a long life he
gave these pursuits the preference; for, as he says, “he was
convinced that it is in his knowledge that man has found his
greatness and his happiness—the high superiority he holds
over the other animals which inhabit the earth with him,
and consequently that no ignorance is without loss to him—
no error without evil.”

An institution of the first class will, in process of time,
without doubt, exist in the United States. The wealth of
the country could without difficulty procure extensive libra-
ries and museums, mineralogical cabinets, chemical labora-
tories, botanical gardens, astronomical observatories, zo-
ological menageries. These, and many more such things,
are essential requisites in a school of that stamp. But where
the means we possess are limited—and it is doubtful whether
or not Congress is prepared to make munificent grants—it
is better so to shape the action on Mr. Smithson’s bequest
that his institute may be the germ, which, as time goes on,
may develop itself and expand at last into a National Uni-
versity.

I have been connected with two different institutions, such
as are here referred to, in different capacities, and have
marked the course of events with them. Their funds at
the outset have been lavished in erecting magnificent strue-

56

882 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

tures; embarrassment has followed, and because they had
reckoned more upon striking the public eye with the splendor
of their exterior than with the excellence of their fruit, they
have ceased to be encouraged. Corinthian pillars and Gothic
halls are the bane of literary institutions, which so surely
as they are introduced take away from the working material.
There are men who will read this that will feelingly respond
to it. The public is right—universities ought to learn that
they are held in estimation only for the quality of the in-
struction they can impart. The men who were raised in
the French Polytechnic school would have given a standing
to any place, even though it had been built of brick. The
effective part of a seminary of science is not its walls and
decorations; yet both in Europe and in America such in-
stitutions are to be seen, which remind one of a line-of-battle
ship, with its decks carpeted and no guns aboard.

That Mr. Smithson intended, when he gave this money
in charge to the United States, to found an institution for
the advancement and diffusion of science, there cannot be a
doubt. His whole life is a commentary on his intentions.
He had witnessed, during his repeated visits to the continent,
the successive plans adopted by the French Republic for the
rapid and perfect education of their youth—their Central,
their Normal, their Polytechnic schools—for Fourcroy, the
chemist, who was continually in the society that Mr. Smith-
son frequented, was the main mover, if not the originator,
of these different plans, and was a member at the time of
the National Convention and the Council of Ancients. No
one who contemplates the great results at last obtained from
these repeated trials, and the impetus given to all depart-
ments of knowledge, even the most difficult and sublime, will
deny that the schemes adopted were far superior to anything
that had preceded them.

This brings me now to the main point of my letter. Partly
because the funds allotted to this purpose are limited—partly
because great and successful universities cannot spring up
in a day, but must be of slower growth—partly because it is
uncertain whether Congress will give munificently, or even
give anything to the cause—partly because it is most suitable
to the genius and character of institutions now existing in
the different States—partly because the successful results
which can be produced from it will appeal at once to the
understanding of the whole people, and inevitably lead to the
establishment either by the national councils or by patriotic
individuals of a great National University, but chiefly be-
cause I believe it to have been the intention of the testator—

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 883

{ would indicate, as the most appropriate disposal of these
funds, the establishment of a Central School of Natura
ScIENCE in the city of Washington. Let us now examine
this proposition in detail.

The principal of these faunds—whatever may be the action
in the case—must be kept untouched; the interest alone is
available.

Hach of the different States possesses learned institutions,
under the form of colleges, seminaries, or universities, their
object being to give instruction to a certain extent in what
is regarded as essential to good scholarship. Accordingly,
the plan adopted for under-graduate study is arranged under
four heads—ancient languages, intellectual science, mathe-
matics, and the physical sciences. As the course of instruc-
tion is commonly arranged prospectively for four years, the
pupil spends upon the first of these departments a portion
of three or four years; upon the second, one to two years;
upon the third, two or three years; and upon the last, one
or two years—the plan being somewhat different in different
places, and ordinarily requiring him to be prosecuting three
out of the four different departments at once. It is probable
that with the present views taken in society of the nature
of public instruction an institution which should depart to
any extent from this programme would not meet with good
success. As it must depend almost entirely, especiaily at
the outset, on support of a local character, it cannot dare
to control public opinion, but can only work itself into
existence by conformity with established customs.

The organization of a national establishment of this char-
acter would, however, be attended with obstacles almost
insuperable. Called into existence at once, not as the rival
but as the head of all learned seminaries, and backed as it
ought to be with the countenance and support of the Govern-
ment, it would have to sustain itself against the direct hos-
tility of all the State institutions. They would soon begin
to learn that it flourished at their expense; and, for such
are the feelings of human nature, they would quickly regard
it as a chartered monopoly of a vexatious and oppressive
kind.

These considerations, therefore, will show us that in mould-
ing the character of Mr. Smithson’s Institute we must keep
clear of everything which might be regarded as trespassing
on the bounds and rights of State Universities. That it may
go into operation with the good will of all, it must be free
from the suspicion of interfering with any. It must be so
arranged as not to draw from them ¢heir pupils, nor to divert

884 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

from them the channels of their accustomed support. As
its origin and objects are different from theirs, so there must
be impressed upon it a character perfectly distinct. Instead
of coming forward as a competitor with them in the sale of
literary wares, it were better for it to bring into the market
articles which they do not supply.

Of the four departments of study already indicated as
entering into the plan of existing education, the ancient
languages and intellectual sciences are generally pursued to
a considerable extent. Requiring no great outlay for the
purchase of libraries or means of illustration, and there
being an abundant supply of accomplished teachers fur-
nished from the ranks of professional life or brought up
with these objects in view, a very effective course of instruc-
tion can be given, and accordingly we find that our classical
scholars bear an advantageous comparison with those that
graduate in European schools.

But in the more exact sciences it is not so. The whcle
routine of instruction in natural and physical science is
attended at the beginning with such heavy costs and such
a constant drain of expenditure for repairs and consump-
tion that all institutions among us find it necessary to restrict
themselves here. Their means will not enable them to sus-
tain complete courses of instruction, and they are necessa-
rily driven to pass over these subjects in a superficial way,
and allot to them only a brief space of time.

There is also another reason which renders their instruc-
tion on these points inefficient—a difficulty inherent in their
very constitution. ‘The successful study of the higher de-
partments of physical science, whether natural philosophy
or chemistry, requires a previous knowledge of the higher
geometry. Mathematics have now become the porch of
physical knowledge. ‘Young men, at the commencement of
college life, have commonly but an indifferent acquaintance
with mathematics. It is as much as they can do, even in
the course of four complete years, to gain a general insight
into the principles of the Calculus. The leading institutions
among us do not profess to carry them beyond this. It is
only then that they are ready to take hold of these subjects
in a proper way, but it is also then that their term of educa-
tion has expired, and instruction fails them.

Here therefore is the point on which the Smithsonian
Institute can act with efficiency in aid of our established
seminaries, without interfering with them in anywise. In
this character it will fulfill to the letter the wishes of its
founder—an institute for men, not boys. It will be operating

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 885

in a work which he unquestionably thought of the deepest
importance to the human race, and instead of acting in rival-
ship it will be acting in unison and harmony with our estab-
lished colleges.

I would, therefore, found it as a school of physical science,
giving an elaborate course of mathematical instruction.
Commencing at the point where our higher universities close,
I would give it a perfect apparatus, good cabinets, and
gradually a respectable library. Proceeding in the work
of expanding it slowly, it should as encouragement was
given or opportunity served, be furnished with a botanical
garden, an observatory, a zoological institute, or analogous
means for prosecuting in a proper way the great sciences of
astronomy and general physiology.

Now mark, sir, the result of this. We are the residents
of a great continent, which is bursting into life. Upon us,
and our immediate descendants, has devolved the duty
of developing on a scale hitherto unknown in this werld
the resources of the giant empire, which is going to stretch
from the Atlantic to the Pacific ocean. The men are now
born who will hear the loud snort of the locomotive in the
deserts beyond the Rocky Mountains. No system of educa-
tion that has ever yet been tried will meet our wants. We
want means for the rapid development of all our powers—
means for the rapid development of all our resources. The
soil beneath us teems with wealth; our population is increas-
ing beyond all example; we are men of enterprise and energy,
living in a period of the earth’s history unlike any that has
preceded, when the force of intellect is fast supplanting all
other powers, and under a government the constitution of
which has no example. To a nation like us ignorance is
death; the loss of virtue, annihilation. We are trying to
unite interests of the most diverse and jarring, and to bind
in one bond of union the hot and fiery disposition of the
man living within the tropic with the cold calculating in-
habitant of the Green Mountains. But men of all climates
are not men of one mind; their character is moulded by the
things passing around them; it takes astamp from the scenes
of early life, an impress from nature. The Italians, under
all their changes of government, are continually the same
people. Overcome, trodden down, trampled under foot,
there is an elastic resiliency that forever bears them up
again. It matters not what public calamities betide them,
or what national woes are stored up for them in the womb
of time, another Volta will reveal the mysteries of nature,
another Canova will breathe the breath of life into the mar-

886 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

bles of Carrara, another Catalini will enchant all Europe
with her song. The same causes which determine these
things there are in tenfold action here. We have no surety
of continuance, except from the increasing intelligence of
our people.

If no other gain accrued to us from an establishment of
this kind than the development of the mineral resources of
the continent, we should be amply repaid. Nature has
scattered with a lavish hand her warehouses of metals
among us; she has given us inexhaustible riches, but there
does not exist in all the United States a single school of
mines. France, England, Sweden, Germany, have well-
organized institutions of this class—in some instances sup-
ported directly by the government, in others under the charge
of those interested in mines. In this consists the secret that
they are continually improving their processes of metallurgic
operations, and are able to extract profitable returns from
ores inferior to those which we daily pass by with neglect.

But there are higher ends than this. No man, until he
is acquainted with physical science as it now exists, can have
any idea of the great things for which Providence has pre-
pared him. He cannot think with what amazing power the
mind, aided by the vast enginery of geometry, passes from
cause to effect, or from effects to causes—how it links to-
gether phenomena which might appear to him to have no
resemblance, and disentangles from the varying operations
of Nature the immutable laws which govern her—how,
as it becomes evolved in these pursuits, it learns to take
those far-spreading views in which the unlettered can never
participate—how, looking backward on departed times, it
describes events which happened when there was no history
to record, no human eye to see; or looking forward with
the steady gaze of a prophet, unfolds what 1s to happen in
the coming eternity—how, reflecting as it were the image
of its Maker, and sharing in His omnipresence, it walks
through the fabric of the Universe, and examines the quali-
ties, the magnitudes, the relations of one star after another;
or, returning to the frail tabernacle that it tenants, reveals
its structure and functions, its general connection with the
system of organization—how it is rapidly penetrating the
mysteries of the world of life, exhibiting the great plan of
unity of design and the laws of progressive development,
and thereby ascertaining its own place and position in the
Universe, its continued dependence on an unceasing Provi-
dence.

It is impossible that any one should become acquainted

——_ =

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 887

with the philosophy of the nineteenth century and not be-
come a virtuous man.

Physical knowledge is not the property of any part of
mankind, but the property of all. The pursuit of it is what
all are interested in—the profits of it a// share; and herein
consists the vast superiority which it possesses over mere
literature. The one is general and for the whole world, the
other is sectional or local; the one dispenses its benefits alike
on the civilized and the savage, the other only on the man of
education. The course of events and the casualties of time
may bring about the destruction of English letters, and poets
that we have thought immortal may be forgotten, and works
of art or of taste be buried under the lapse of ages, but English
science can never die; the steamship will still continue to
eross the Atlantic, the locomotive will still pass over the
railway. One-half of the human family is in utter ignorance
of what is thought learned and beautiful and wise by the
other half. There are millions in Asia who have never
heard of Paradise Lost—millions in Africa who know
nothing of the Cartoons of Raphael; and on the other hand,
among these people there have existed accomplished orators
and valiant warriors of whom we have never heard—works
of art that we have never seen. But the savage as well as
the civilized, tne Oriental as well as the Western man, casts
away his bow and arrows on the discovery of gunpowder;
the Chinese junk as well as the American man-of-war is
steered by the magnetic needle.

To diffuse benetits of this order, which can be participated
in by all the families of the earth—to devise means of in-
creasing the power, the wisdom, the virtue of man—is the
great object of the Smithsonian bequest. It isa solemn and
responsible duty which has fallen upon Congress—a duty
which, as the Government has commenced, so it must complete.

There are, however, among us men known both to you
and me whose views are unfavorable in relation to the estab-
lishment of an University at Washington. The bearings
of their political creed, they say, lead them to question the
constitutionality of Congress intermeddling at all with public
education. Without joining issue with them on the law of
the contested point, I would rather reason as to the facts of
the case. The Government has received, or rather by process
of law spontaneously taken possession of a certain amount of
money, under conditions which every plain-dealing person
among us understands. If by casting obstacles in the way
we defer from time to time the completion and discharge
of that duty, how can we bring men who live in other coun-

888 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

tries, and who do not know the nice shades of distinction
that we draw between the powers of Congress and the rights
of the States, to understand how it is that we have volun-
tarily incapacitated ourselves for performing the greatest of
all benefits for which governments are instituted—the diffu-
sion of a public blessing? This money is not given for our

use alone, but for the general good of al] men. We should’

therefore recollect that others have rights in it as well as
ourselves. We can neither return it.without betraying our
trust to them, nor can we, with a clear conscience, defer to
appropriate it to the use for which it was unquestionably
designed. We stand merely in the light of trustees, or
rather executors of a will. We may not, therefore, pro-
crastinate unduly.

Such being the case, let us act as upright men in private
life would do. Taking the will of the giver in its plain and
literal sense, let us erect a Smithsonian Institute for the
purpose of increasing and diffusing knowledge among men,
shaping our course by the known ideas of the. testator, estab-
lishing such an institution as we have reason to believe he
would have established, but moulding it, as we ought to do,
to the wants and circumstances of the country in which he
saw fit to locate it. We are not called upon to raise up a
rival or an antagonist to our own colleges.

And as the funds are small, compared with the object in
view, let us first guarantee the permanent safety of the prin-
cipal. If Congress saw good, it would surely bring honor
to the country if a piece of land and suitable buildings were
given; but if not, proceed to procure them as rapidly as the
annual income will allow, keeping steadily in mind that we
are not erecting structures to ornament Washington, but
buildings in which science has to be taught. Let the stran ger
who visits us see an edifice plain and in 1 keeping with repub-
lican simplicity without, but well equipped w ithin.

A school organized as has been indicated in this letter
would probably consume the revenue of five years before it
could be brought into full operation. Its leading features
once settled, there would be abundant time to arrange the
details of the plan—to make inquiry into and profit by the
experience of foreign institutions of an analogous class. A
liberal charter should be given it, raising it on a level in
point of privileges with any existing university, and vesting
its government in a very few but very responsible hands.
‘You will find it one of the most prominent faults in the
organization of most of our schools that they are governed
by unwieldy boards of trustees. A council of five men,

pa IG me

rend

SSeS

=P.

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 889

chosen with discretion, would be far better adapted for work-
ing purposes than one of thirty indiscriminately selected.

Probably your views would incline you to an institution
of a more literary cast than that which I have indicated. I
cannot, however, see any broad distinction that you could
draw that should separate it, characteristically, from an
University. Even if there were no danger of its collision
under that form with the older Universities, I doubt very
much the possibility of carrying it into effect. Mr. Smith-
son’s fund is not enough. We cannot tell whether Congress
is munificently disposed, or whether the way would be clear
in other respects. A successful University must be of slower
growth. It would be impossible to officer at once one in
Washington of which all others should tacitly acknowledge
the supremacy. The thing itself is not desirable; and yet,
under any other condition, it would be a discreditable abor-
tion.

For the same reason that I am not disposed to believe
that by the ‘Smithsonian Institute” its founder meant “‘ The
National Astronomical Observatory of the United States,”
so I do not believe he meant “A National University,”
planned on the model of yours of Virginia, Yale College, or
any other. What he meant by the term knowledge the history
of his whole life will inform us. We are bound to conform
to his wishes, so far as we can understand them. One thing
is certain, that no plan can ever be got through Congress
that is not based upon this principle. There is a pride
among us that will not stoop to be indebted for these things
to the generosity of strangers.

Indeed, it is not literature that we need. On all sides we
are surrounded with able and learned men whose lives are
devoted to its pursuits. They will all tell you that it is not
on the machinery of colleges, but on the printing press, that
they depend for the diffusion of the information they hold.
In this respect, your own Messenger, if it receives the sup-
port which I trust it does, may be a more valuable adjunct
than half a million of dollars spent in erecting a College in
Washington. But in science it is otherwise; the living
teacher alone can communicate information, and you must
arm him with cabinets and apparatus.

Whilst, therefore, there is on the one hand no prospect of
establishing successfully a Literary Institute, not a suffi-
ciency of funds for sustaining one of a mixed character,
many doubts as to whether the testator had reference to one
of either kind, the danger of causing the whole attempt to
misearry by incorporating Mr. Smithson’s Institute with a

890 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

National University, on the establishment of which Con-
gress would not act except after long consultation and ascer-
taining the feelings of the country, and hence continually
procrastinating the benefits that were to arise from it; on
the other hand, we see the way clear for the establishment
of a school where Natural Philosophy, Chemistry, Geology,
Mineralogy, Philosophy, and all other sciences could be
effectually taught—a school which, so far from clashing with
others, would aid them, and instead of meeting with their
animosity, would receive their cheerful countenanee—which,
although it might be helped by the gift of funds from the
nation, could nevertheless go into operation without them—
which, under a wise management, could be speedily brought
to yield results of the utmost practical importance, and fulfill
to the very letter the wishes of the testator.

The statesman who looks around on this wide-spread coun-
try and sees what it possesses, and what are its wants, may
recognize in such a disposal of this gift a timely present to
his fellow-countrymen—a benefit the advantages of which
are not confined to them alone, but free and open to men of
every nation.

K * * *k * *k ok

Yours, truly, LD

From The Southern Literary Messenger, Richmond, Va., 1841,
Vol. VIL, Page 277.

The disposition of the munificent donation of the late
Mr. Smithson for founding a National Institution in the
city of Washington has been under discussion in the papers
of the day for some time past. Several articles of no ordi-
nary merit have appeared in your useful Magazine, and
without designing to disparage the views of others, I would
beg leave, through the same medium, to present a few obser-
vations on this most important subject.

While all the writers agree in the propriety of Congress
acting upon this subject, there is great diversity as to the
character of the Institution which it is called upon to estab-
lish. One proposes the establishment of a grand astronom-
ical observatory; another advocates a museum of natural
history, with a system of public and gratuitous lectures on the
most popular and practical branches of liberal knowledge ;
while a third argues, that, inasmuch as Mr. Smithson himself
was a friend to the natural sciences and an intimate acquaint-

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 891

ance of the chemist Fourcroy, his design could have been
none other than founding a central school of natural science.
From a torced construction to the expression, ‘‘ diffusion of
knowledge among men,” the conclusion is drawn that the

donor had reference to no other knowledge than that which

flows from the study of the physical sciences.

Whatever may have been the individual preferences of
Mr. Smithson, it is very clear, they are in no manner ex-
pressed in his bequest. More general terms could not have
been used than those which convey his intention—‘“ diffu-
sion of knowledge among men.” Thus intimating his de-
sign, he leaves the disposition of the fund to the wisdom
and judgment of Congress. Had he designed founding an
institution similar to the scientific schools of France, what
objection could there have been to his expressing himself to
this effect? The absence of express directions may there-
fore be regarded as conclusive on this point, and that Con-
gress alone was to adopt that plan, which the circumstances
and necessities of the country might demand.

I do not object to due deference being shown to the sub-
jects which claimed the time and talents of Mr. Smithson.
A proper respect to his memory might seem to require a
more decided cast to the Institution in favor of the nat-
ural sciences, than under other circumstances would be
necessary or expedient. But as all the institutions of the
country have given evidence of the high estimation in which
they hold these useful branches of knowledge, there is no
danger that the wishes of the donor will be ‘departed from
in this respect. Whatever form will be given to the Smith-
sonian Institute, the natural sciences will oceupy a promi-
nent position among the branches of public instruction.

The question being settled as to the power of Congress
over this fund, it becomes us to consider, in the next place,
the manner in which it shall be disposed of. And here |
would again join issue with your correspondent, who advo-
cates the establishment of a central school of natural science.
I think an institution already exists, which supersedes the
necessity, at this time, of the entire fund being appropriated
for this exclusive purpose. The United States Military
Academy at West Point is such an institution as your corres-
pondent proposes to establish. It is emphatically a school
of the natural sciences. Mathematics, Astronomy, Chem-
istry, Geology, Mineralogy, Optics, &c., claim the entire
attention of its students, and as far as its course extends, it
is justly regarded as the first institution in this country.

892 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

Indeed, it may proudly compare with similar establishments
in France or Germany.

It enjoys a large share of the favor of the government
and people, is most liberally endowed, has extensive philo-
sophical and chemical apparatus, and is in every way quali-
fied to aid in the great work of “ diffusing knowledge
among men.” It numbers now nearly one thousand grad-
uates, many of whom occupy distinguished positions in the
scientific and literary institutions of the country, and all of
whom are returning to the government a full equivalent
for the benefits received. It would hardly seem necessary
at the present time to establish an institution in Washington
in which the same branches are taught as at West Point;
and until the necessities of the country are provided for in
other respects, such a course might be deemed unwise and
unjust.

Nor can I agree to the plan which proposes a system of
public and gratuitous instruction by lectures on the most
popular and practical subjects of human knowledge. Ido
not believe that any permanent good would result from such
a system. A confused and imperfect idea of the various
facts of science would thus be communicated, without any
basis upon which to build a practical course of instruction.
The auditory continually varying ; few, comparatively speak-
ing, would have the benefit of a full course of lectures upon
any one subject, while the lectures themselves would of
necessity be of a more popular character than would be
consistent with a full and thorough course of instruction.

An institution that would correspond to the views of the
munificent donor, and meet the wants of the whole country
should not be devoted exclusively to any particular branch
or branches of knowledge. Give it « direction cither for
science or literature, and you thus cut off a large class of
persons from a participation in its benefits. Although all
are interested in the results and achievements of science,
there are other subjects of great importance which it should
also encourage and promote. The labors of the chemist
and geologist contribute greatly to the supply of the neces-
sities of mankind, but there are other professions equally
important and essential to their comfort and happiness.
We should not cramp the influence of such an institution,
supported as it would be by the power and patronage of the
government; it should embrace every subject within the
compass of human acquisition, and aim at the general “ dif-
fusion of knowledge among men.” It should therefore be
a NatrionaL University. It should be supplied with the

et el eld

oa

<a

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 893

ablest professors which this or any other country could pro-
duce. It should have an extensive library, complete philo-
sophical and chemical apparatus, and laboratories for practi-
ealinstruction. Avoiding rivalry with the State institutions
of the country, its design should be to complete what they
have begun. It should be an institute for men, not boys,
and should be designed to supply the defects which cannot
be reached bv the limited means of the States.

Such an institution would regulate and elevate the stand-
ard of learning throughout the country, and, above all, it
would be the means of supplying our colleges and acade-
mies with thoroughly educated and well qualified professors
and teachers. It is in this last respect that the deficiency of
education in this country mainly consists. So limited is
the course of instruction in most of our colleges, that their
graduates on entering upon the duties of professors are
oftentimes very little better qualified than the pupils of the
higher classes themselves. Who can expect an able profes-
sor of chemistry, when the amount of instruction consists
in two or three lectures a week for one short year? No lab-
oratory—no practical instruction—and a bare acquaintance
with the more common experiments introduced in a course
of lectures. Who can make an eflicient professor of math-
ematics, when the course is in many instances limited to
mere mechanical operations? How is it in languages?
How far do the beauties and defects of the classics claim
the attention of the student, so as to fit him to criticise the
various authors read by his class? Is it not the fact that
our professors are oftentimes elected and enter upon their
duties, not from a sense of present fitness, but from the hope
that by proper diligence they may make themselves useful
instructors? And even with the best natural abilities, how
often are their energies and efficiency contracted, by the
want of proper books for study and reference? Few of the
libraries in our State institutions contain more than five
thousand volumes, and many of them do not numberas many
hundred. Most of these books are of a character little suited
to meet the wants of the inquirer, and he is thus left to rely
upon his own resources for whatever attainment he may
make in the study of his profession. The writer has felt
the inconvenience of which he complains,—an inconveni-
ence sufficient to dampen the ardor and contract the useful-
ness of any one. He has been engaged in the duty of pub-
lic instruction for many years, and he has rarely been able
to command one volume in twenty, which in the common

894 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

course of his studies it should be his duty to consult and
examine.

How admirably would such an institution as I propose,
meet the wants of the country in these respects ?

But it is argued that the donation of Mr. Smithson is in-
sufficient for so extensive a plan. Grant it. But do we
depend alone upon this? May we not look for and claim
the aid of the general government? With the exception
of the academy at West Point, what has Congress done to
advance the cause of education? Is it not time that some-
thing should be done, and especially at this time, when the
astounding developments are ringing in our ears, which the
results of the late census make known? It would seem as
if the donation of Mr. Smithson had been providentially
made, to direct the deliberations of Congress to this too
long neglected subject. Five hundred thousand dollars will
make a good commencement, and, if Congress will follow
out the plan, a noble institution would be the result.

Does any one doubt the power of Congress over the sub-
ject? Does not the cause of education come legitimately
within the meaning of that clause of the Constitution which
gives to Congress the power of passing laws providing for
the general welfare ? What could more conduce to the pub-
lic good, or in a greater degree promote the general welfare
than a prudent and well regulated system of public instrue-
tion ?

In one of the first messages of the Father of his Country
to Congress, he thus adverts to this important subject,—
showing that he viewed the cause of education as one which
it was the duty of Congress to foster and promote. ‘I have
heretofore proposed to the consideration of Congress, the
expediency of establishing a@ National University, and also a
Military Academy. The desirableness of both these insti-
tutions, has so constantly increased with every new view I
have taken of the subject, that I cannot omit the opportu-
nity of once for all recalling your attention to them. The
Assembly whom I address, is too much enlightened not to
be fully sensible how much a flourishing state of the arts
and sciences contributes to national prosperity and reputa-
tion. True itis, that our country contains many seminaries
of learning, highly respectable and useful, but the funds
upon which they rest are too narrow to command the ablest
professors in the different branches of liberal knowledge.
Amongst the motives to such an institution, the assimilation
of the principles, opinions and manners of our countrymen,
by the common education of a portion of our youth from

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 895

every quarter well deserves our attention. The more ho-
mogeneous our citizens can be made in these particulars,
the greater will be our prospect of permanent union; and
a primary object of such a National Institution should be
the education of our youth in the science of government.
In a Republic, what species of knowledge can be- equally
important, and what duty more pressing on its Legislature than
to patronize a plan for communicating it to those who are
to be the future guardians of the liberties of the country.”
Again? in his farewell address, he says: ‘‘ Promote, then,
as an object of primary importance, institutions for the gen-
eral diffusion of knowledge.” It would be needless to
multiply instances in which the most distinguished men of
our country have expressed themselves equally favorable to
this cause; and I have only brought the sentiments of Wasu-
INGTON to the public notice, because they must have weight
with all who properly estimate the character of this great
and good man.

But I have allowed myself to transgress the limits I had
at first designed for this communication. I hope it may be
the means of directing the attention of others to a subject
which is of great importance to the welfare and happi-
ness of the country. 8.

Letter from Mr. Duponceau, President of the American Philo-
sophical Society.

PHILADELPHIA, WVovember, 1840.

To Francis Markog, Jr.,
Corresponding Secretary of the National Institution.

My Dear Sir: I have read with great attention and
pleasure the constitution and by-laws of the National Insti-
tution, which you have had the goodness to communicate
tome. Iassure you that I feel the liveliest interest in the
success of this noble institution. I am happy to see it
established in the city of Washington, the capital of our
Union, and many reasons induce me to feel this satisfaction.
The District of Columbia is deprived of the most impor-
tant rights enjoyed by the States. Its inhabitants are in ©
fact disfranchised, and do not enjoy the right of self-gov-
ernment; a compensation is due to them for this great
sacrifice, and there cannot be a nobler one than the laurel
crown of science, which I think our National Government is
bound to give to them, for their and its own glory. When our

896 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

Government shows a sincere disposition to promote science
and general knowledge, without which no free nation can
long exist, it will produce many excellent effects; it will
promote confidence in the National Administration; and,
above all, it will soften the rage of party spirit, which
threatens to involve us in the fate of the Roman Republic.

The details of your organization are of little consequence,
as they may be altered by the institution at pleasure. Yet
there are some principles by which I think they ought to
be regulated, and which I shall take the liberty to explain
toyou. Every institution of this kind ought, in my opinion,
to be constituted with a view to its efficiency and its perpe-
tuity. These should not be lost sight of in any, even the
most trifling, of its regulations. Efficiency is the first,
because from its continued action perpetuity will arise
and follow as a natural consequence. Experience will
show you whether your constitution is or is not deficient in
regard to this most important principle. The choice that
you have made of your directors is a most excellent one,
and I have no doubt will be attended with the happiest
consequences. You have chosen two men high in office,
whose means of assistance are considerable, and whose
patronage will be important to you. I do not speak of
their personal qualifications; they are well known to the
world. One of them is already highly distinguished as a
patron of science; of this I can speak of my own knowl-
edge, as the American Philosophical Society, amongst
others, is greatly indebted to him, and has placed him in
the list of its benefactors. You have therefore done wisely
in obtaining from the heads of the Government, that they
should appear as the head of your institution. It is to be
regretted that the Chief Magistrate of this great nation
does not occupy that position in regard to this institution
which the world will naturally expect from him, and which
might enable him to be so eminently beneficial to his
country.

I, however, cannot but highly approve of your choice of
directors; but you must be sensible that men who, like
them, have on their shoulders, in a great measure, the des-
tinies of their country, cannot give much attention to the
official duties which you have imposed upon them. It is
from a higher sphere that they must govern your institution.
T would, therefore, recommend that you should select two
or three vice directors, to save them the labor which a reg-
ular attendance on your meetings would require of them.
Their attendance should be free and voluntary, and I have

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 897

no doubt that, left to themselves, they would make every
exertion, particularly in the inception of your labors, to
direct and promote them. They will have to keep up a
correspondence with other learned societies at home and
abroad ; and I would suggest that, by way of a beginning,
they should write to those of America, soliciting their cor-
respondence.

Amongst the officers of your society, those of whom most
activity is expected, are your secretaries. You will, there-
fore, of course, choose none to those offices but the most
active, zealous, and capable of your members. But all
must put their shoulders to the wheel, particularly in the
beginning, and until the institution is well established and
consolidated.

That will be the work of time.. Your institution embraces
the whole circle of human science; therefore there are in-
numerable sources from which you may expect aid. But
that aid is at first difficult to be obtained. I wish, there-
fore, you would think of some method to obtain it. The
American Philosophical Society has found great benefit
from the publication of a periodical bulletin of its proceed-
ings, which is disseminated through all the learned world.
Before that, they found much difficulty in obtaining communi-
cations from the learned, to be inserted in their transactions.
The reason was, that it was not known how soon those
communications might appear before the world. Fame,
next to the consciousness of doing good, is the best reward of
men of science, and they love to see their names and their
productions made known to the public; but now, although
sometime elapses before their articles are published at large,
yet, as they are noticed, and a short analysis given of them
in the Bulletin, this satisfies them so well that the society
are never at a loss for materials for publication. Your
society might not probably publish those bulletins immedi-
diately, on account of the expense; but some sketches of
your proceedings might appear, from time to time, in one
of your papers, so as to keep your institution always before
the world, which appears to be necessary for its continued
existence.

As I have spoken of expense, I must now touch upon a
subject which appears to me of the highest importance, and
of which it might, perhaps, be thought presumptuous in me
to speak. I doubt much whether you can ultimately suc-
ceed without the aid of the Government. Were there
nothing but your current expenses in the printing of your
Bulletin, and ultimately of Transactions, which I hope you

57

898 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

have in view, money will be indispensably wanted. I have,
in the beginning of this letter, explained that I think the
Government is interested in assisting you, and I believe
that they have the means fully in their power. I have
always been of opinion that it was such an institution as
yours, at the seat of Government, that Mr. Smithson had
in view when he made his munificent legacy to the United
States. He could not mean, in my opinion, that his money
should be applied to the promotion of any specific branch
of knowledge, much less to the foundation of a school or
an academy. His views were more extensive. He wished
to promote science in all its branches and departments, and
therefore, he wished his institution to be fixed at the seat of
Government; from whence, as from a center, the rays of
science might be diffused throughout the whole country.
And, therefore, Congress cannot find a better opportunity
to execute the will of that beneficent testator than by laying
hold of your institution, and making it its own.

Here let me be understood. Ido not mean that Congress
should immediately put into your hands the large legacy of
Mr. Smithson, to erect with it grand buildings, make a great
parade, and fail in the end, as so many others have done.
That cannot be expected to be done until your society has
become firmly established on a solid basis, and has acquired
that high reputation which I hope it will always have in
view in the learned world; but, in the mean time, Congress
might, out of the interest, aid your exertions in proportion
to your progress, and, at least, in the beginning, enable you
to make those publications without which you cannot well
expect to proceed. Thus your institution would grow under
their fostering hand, and, in process of time, that great de-
sign of Mr. Smithson would be completely fulfilled. I say,
in process of time, for time will certainly be required, be-
fore you can rise to the rdnk in science which you may
justly keep in view. In my opinion, youshould not attempt
too much at once, but proceed gradually and systematically,
being satisfied with every year showing to the world some
progress, but not imagine that your institution, as I hope
it will one day be, will come out at once, fully armed, like
Minerva, from the head of Jupiter. Trust, therefore, to
time, but let it be aided by your zeal, your activity, and,
above all, by your energy. Energy is the soul of all great
undertakings, but it must be continued, and never suffered
to flag.

Here you have, in as brief a space as I could condense
them, my opinions, my wishes, and my hopes. Let me,

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 899

therefore, conclude with the wish of father Paul, which,
alas! was not fulfilled as to his Republic, but I hope will
apply with more truth to your institution, ‘‘ Esto PERPETUA!”’
Iam, with great regard and esteem,
Peter 8. Duponczav.

Extracts from discourse of Hon. J. R. Poinsett, January 1, 1841.

There can be no doubt that a National Institution, such
as we contemplate, having at its command an Observatory,
a Museum containing collections of all the productions of
nature, a Botanic and Zoological Garden, and the necessary
apparatus for illustrating every branch of physical science,
would attract together men of learning and students from
every part of our country, would open new avenues of in-
telligence throughout the whole of its vast extent, and would
contribute largely to disseminate among the people the
truths of nature and the light of science.

A fortunate concurrence of circumstances offers a favor-
able occasion to carry all these important objects into imme-
diate effect. A liberal and enlightened Englishman, fore-
secing the benefits which would result to science throughout
the world, by its successful cultivation in the vast and ex-
tensive field offered by these States and Territories, with
enlarged views and praiseworthy philanthropy, has be-
queathed a fund to be employed for the sacred purposes of
increasing and diffusing knowledge among men. This
bequest will enable the Government to afford all necessary
protection to the promotion of science and the useful arts,
without the exercise of any doubtful power, by the applica-
tion of the annual interest of this fund to the establishment
of an Observatory, the erection of suitable buildings to
contain the collections, and for lecture rooms, the purchase
of books and instruments, and the salaries of professors and
curators. Specimens of natural history are rapidly accumu-
lating. The exploring expedition has already sent home a
large collection, which remains packed away in boxes in a
room belonging to the Philadelphia Museum, generously
loaned by the company for that purpose; and we may
anticipate, from the ability and well known zeal of the
naturalists who accompanied it by order of the Government,
that the squadron itself, shortly expected, will return richly
freighted with objects of natural history. I cannot believe
that after all the labor, pains, and expense incurred in pro-
curing them, these specimens are not to be brought to

900 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

Washington to be arranged and exhibited here. <A geolog-
ical survey of the Territory of Iowa was made a few months
since, by order of the Government, and numerous valuable
specimens collected by Mr. Owen. Mr. Nicolet has brought
with him interesting collections made in the country he
visited, and Doctor King, of Missouri, lately sent to the lead
region on business connected with the Ordnance Office,
while there collected specimens of minerals which are like-
wise destined for Washington. The Ordnance officers who
have lately returned from Europe, have brought with them
numerous specimens of the iron ores used in the foundries
there, and measures have been taken to procure, as objects
of comparison, those of the United States.

Several individuals have transmitted donations to the In-
stitution, while others have deposited their collections with
us, from a desire to have them preserved, and at the same
time to benefit science. We have reason to believe that
this will be extensively done as soon as the institution is
firmly established. There are many of our countrymen
who, like Sir Hans Sloane, the founder of the British Mu-
seum, look forward with regret to the sale and dispersion
of their collections, made at great cost and pains, and desir-
ing to have them preserved entire, would deposit them with
an institution which will be as stable as the Government
that protects it. For these purposes, and especially if it be
intrusted, as we hope it will be, with the specimens of natural
history collected by the exploring squadron, it will be neces-
sary that measures should be early adopted to have erected
on a suitable site, on the public ground, a plain fire proof
building, to contain them, where the increasing and valuable
collections may be displayed, and be examined by the scien-
tific inquirer, and where he may resort for evidence to sup-
port his theories or to correct his views. We hope that
this further contribution to science will not be withheld.
The expeditions themselves have received the favorable no-
tice of every civilized nation, and were fitted out in obedience
to the will of the people, who would not desire to see
the fruits of so much toil and danger perish for the want of
this trifling additional expense. We cherish the hope that
they will form the foundation of a National Museum, and
contribute to spread the light of science over our land.”

A PLEA FOR A NATIONAL MUSEUM AND BOTANIC
GARDEN,

To be founded on the Smithsonian Institution, at the City of Washington,
By WILLIAM DarurineatTon, M. D.

Read before the Chester County Cabinet of Natural Science, December 3, 1841,

The writer of this brief address is glad to have been reminded, since its
delivery, that the very proposition which it advocates was substantially
made, and forcibly urged, in the able discourse of the Hon. J. R. Porn-
SETT, late Secretary of War, before the National Institution, at Washing-
ton, ut their first anniversary meeting. The fact had entirely escaped his
memory; though he has now no doubt that the suggestion (which he has
been revolving in his mind without recollecting its origin) was in truth de-
rived from that source. Had the circumstance occurred to the writer in
season, he would have endeavored to fortify his own feeble ‘ Plea,” by
availing himself of some of the more comprehensive views and powerful
arguments of the honorable Secretary. As it is, he merely desires, in
parliamentary phrase, to be regarded as seconding the motion so appro-
priately made by that distinguished promoter of Science and the liberal
Arts.

It is known, probably, to every individual of this audi-
ence, that a munificent bequest was made, a few years since,
to the United States, by Mr. James Smiruson, of London,
for the purpose of founding, ‘at Washington, under the
name of the Smithsonian Institution, an establishment for the
increase and diffusion of knowledge among men.” This dona-
tion, amounting to about half a million of dollars, has been
duly received, and is now in the possession ot the United
States, awaiting the action of the Government to carry into
effect the magnanimous design of the testator; and as every
citizen of this Republic is interested in the appropriate use,
and faithful management, of the bequest, I propose to in-
vite your attention, for a few moments, to some remarks
and suggestions, which have occurred to me, in relation to
the contemplated establishment. The ‘‘increase and diffu-
sion of knowledge,” I may observe, was the single and
laudable motive which gave origin to our own humble
institution—and is the object which alone prompts its
efforts to be an useful auxiliary to inquiring minds. Such
is ,also, the purpose of various other kindred associations
in our land. But such an object should not be left to the
scanty means of local societies and public-spirited individ-
uals. It claims the fostering care of a Nation. And I trust
it will not be deemed impertinent, or foreign to this occa-
sion, to present a few considerations on the most eligible

901

902 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

mode of establishing the Smithsonian Institution, and of so
conducting it as to make it what the generous founder in-
tended—a national benefaction.

Various suggestions have been thrown out as to the kind
of institution which would be most appropriate for accom-
plishing the object of the donor. But the public mind does
not seem to be settled upon any definite proposition. Some
have recommended a National Seminary, in which the usual
branches of school learning should be taught gratis, or at a
cheap rate; Others have proposed the erection of an Observa-
tory, for celestial operations, by means of which we might
contribute our just quota of astronomical information to the
great community of civilized nations, &c. None of these,
however, appears to me fully to embrace the object contem-
plated. Our country already abounds in universities, col-
leges, and other high seminaries—many more, indeed, than
are adequately supported—in which the various branches of
Science and Literature are ably taught; and the establish-
ment of an additional one, at Washington, would only be to
bnild up a new rival, and thereby to augment the existing
redundancy. It would probably weaken other similar insti-
tutions, and therefore tend but little, in fact, to the “‘inerease
and diffusion of knowledge among men.” Besides, it would
necessarily be limited and partial in its operations, and con-
sequently become a source of dissatisfaction among those
who were excluded. We see this objection exemplified,
every day, in the envious and narrow-minded assaults upon
that noble institution, the United States Military Academy.

The establishment of a national observatory would indeed
bea commendable and useful measure. It is one of those
institutions which every nation, with an extensive maritime
commerce, ought to possess for its own sake, and which is
due, as a contribution to Science, from every Government.
that aspires to an equal rank with the rest of the civilized
world. But, as the immediate and palpable benefits of an
observatory inure mainly to the commercial and military
marine, it seems to come especially within the province, and
to be the duty, of Congress, to provide such an establishment
at the proper cost of the country. It appears to me to come
distinctly under the same constitutional provision, for the
protection and regulation of commerce, which authorizes
the construction of buoys, breakwaters and light-houses ;.
and this opinion has been sanctioned by one of the most.
learned and eminent of our statesmen, who, in urging the
erection of an astronomical observatory, applies to those
institutions the figurative but appropriate appellation of

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 903

“light-houses of the skies.” This being the case, all the du-
ties prescribed by the Constitution, and coming clearly
within the province of Congress, should be left to that body
to perform, in its own good time, with the means derived
from the public revenues; while the appropriation of a be-
quest, like that now under consideration, should be made to
some worthy national object, for which the rigid construers
of the organic law may dispute the competency of the legis-
lature to provide. It is well known that we have a class of
statesmen, so called, whose minds are of so subtle and dis-
putatious a cast, that no public measure, however valuable
and desirable, can receive their support, unless it be ex-
pressly provided for in the Constitution, and even then they
are always ready and prone to raise objections to any details
of a liberal tendency. They have been so thoroughly dis-
ciplined in the school of ‘strict construction,” and are so
“profoundly skilled in analytic,” that, like Sir Hudibras,
they can

‘distinguish and divide

‘A hair ’twixt south and southwest side ’’—

and no direct proposition can be started, for the generous
purpose of improving our moral and intellectual character,
as a people, which does not encounter the most inveterate
eavilling. Hence it is, that I am for embracing the golden
opportunity—which now presents itself divested of all these
metaphysical difficulties—to establish at the seat of the
General Government an institution for the “increase and
diffusion” of a kind of knowledge which is of undoubted
advantage, and should be freely communicated, to al/ men.
I mean a liberal and comprehensive knowledge of the mate-
rial world—a just conception of the productions of nature,
and a general acquaintance with the useful works of art.
It will scarcely be denied, that an adequate knowledge of
this description would benefit every man that lives. It
would enable every one—no matter what may be his par-
ticular vocation—better to understand and appreciate his
position in this complicated scene of action, better to com-
prehend the means at his disposal for the promotion of his
welfare; and, moreover, to avail himself, on the easiest
possible terms, of the skill and experience which have been
slowly and painfully acquired by others.

In pursuance of this object I would appropriate, in per-
petuity, the income of the Smithsonian bequest to the estab-
lishment and maintenance of an institution at the city of
Washington, the duty and business of which should be to
procure from every region of the globe, as opportunity

904 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

offered, perfect specimens of every production of Nature,
and intelligible models of all the usetul implements or ap-
paratus contrived by the ingenuity of Art, which specimens
and models should be arranged and preserved expressly for
the public instruction. Ibelieve that such an establishment,
properly conducted, and of ready access to all who desire
to profit by it, would contribute more towards ‘the increase
and diffusion of knowledge among men” than an other in-
stitution which could be devised; and the means being thus
provided by the free gift of a generous stranger, I do not
perceive how any constitutional phantom could be conjured
up to thwart the design by the most transcendental ‘ Ab-
stractionist”’ that ever emanated from the ‘Ancient Do-
minion.”

Being relieved from such obstacles—which, though origi-
nating in the imagination, are by no means imaginary, as all
will admit who have had any experience in national legisla-
tion—our proposed institution would be enabled to com-
mence its career under the happiest auspices. Being the
common property of all, preseuting nothing but attractions
and involving no sinister interests, it would conciliate the
affections and speedily become the petted favorite of the
whole people. Unlike some of our ill-favored and mis-
chievous political pets, it would stir up no unseemly jealousies
and strifes, but would present a charming neutral ground,
where all generous spirits could meet in harmony and good
humor, and find a temporary refuge from the eternal bicker-
ings of Party.

What a gratifying spectacle to see an institution such as
may now be established, devoted to the pure purposes of in-
tellectual improvement, uniting all hearts in its support, and
impartially diffusing its benign influences throughout the
length and breadth of this mighty Republic! And why
should we not have such an establishment? Nearly every
crowned head in the civilized world has taken care to found
such noble institutions, and to render them the delight of
his subjects and the ornaments of his realm. Like the floral
beauties which cluster upon the walls of some antiquated
castles, they serve at once to disguise and decorate the un-
couth structures which sustain them. Why, then, should
not the classic pillars of our Republican fabric be wreathed
with the chaplets of Science and festooned with the gar-
lands of Taste? Are the vassals of every despotism entitled
to the gratifications to be derived from the means of knowl-
edge and the congregated beauties of Nature, and are the
free citizens of a Republic alone to be excluded from such

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 9)5

rational enjoyments? Must we all, and forever, in this
glorious field for human improvement, be tied down by
‘‘strict construction” to the groveling, sordid cares of mere
pecuniary concerns, or, at most, be indulged with a periodical
scramble for the “spoils”’ of partisan victory ?

In my humble opinion, those who are worthy of the name
of freemen—intellectual freemen—should have some other,
some loftier object, (by intervals, at least,) than the everlasting
consideration of the merits and capabilities of the “almighty
dollar;”’ and while I fully assent to the maxim that unceas-
ing vigilance over the conduct of rulers and political leaders
is the condition on which we hold our liberties, I neverthe-
less believe we may occasionally venture to relax the tension
of party strife, and allow our minds a brief indulgence in
the more amiable recreations of Literature and Science.

But I hold it as an unquestionable truth that a National
Institution, such as has been suggested, would possess the
twofold merit of promoting intellectual advancement and
ministering to the improvement of our physical condition.
Its location has been judiciously fixed by the testator at the
seat of the General Government—the attractive center of
all our national concerns, and enjoying a happy medium in
reference to climate and geographical position. Let there,
then, be established at the city of Washington an ample
Botanic Garden, adapted to the cultivation of all the interest-
ing and valuable species of vegetable creation, so that we
may become practically acquainted with all the plants which
are useful to man, and ascertain how many, and which of
them, are worthy and susceptible of being introduced into
the culture of the various districts of our Union. The im-
portance of this to agriculture—the great and deservedly
prominent interest of our country—must be obvious on the
bare suggestion. It would, moreover, insure success, and
give an abiding interest to the noble project now in agita-
tion of forming a National Society for the promotion of agri-
culture. It would afford the ready means for judicious ex-
periments in vegetable culture, and aid in sifting all useful
facts from the chaffy mass of idle theory, prejudice, and
delusion. In short, it may be made the instrument for col-
lecting the scattered rays of agricultural knowledge, as it
were, to a focus, and thence directing them with a concen-
trated light and a genial warmth to every department of
that interesting practical science.

Within the boundaries of this national garden should be
an appropriate receptacle, or museum, for the preservation
and systematic arrangement of all specimens in Natural

906 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

History, illustrating as well the geological structure of our
planet as the character of the materials which form its crust,
and of the organized beings which inhabit its surface.

It should be made the duty—as I am sure it would be the
pleasure and the pride—of every officer in the naval and
military service, to embrace all opportunities for adding to
the riches of this national treasury of knowledge. The
revenues from these sources would soon exceed any estimate
which could now be made, while the cost of collection would
be altogether nominal; and although, as politicians, we may
quarrel and contend about ‘‘fiscalities”? and “ sub-treasuries,”
lam confident that, as lovers of nature and true national
glory, we should cordially unite in making every officer and
public agent a sub-treasurer for the generous purposes of this
institution. The collections already made and forwarded
to Washington by the glorious expedition now exploring
the southern hemisphere will form an appropriate nucleus
or foundation for the establishment, and the expected addi-
tions from the same source will no doubt greatly enhance
its value. With these righ materials—the fruits of an enter-
prise which will reflect honor upon our Government to the
latest generation—we may safely commence the institution
bequeathed to us “‘ for the increase and diffusion of knowledge
among men.”

To the means thus briefly indicated for promoting a
knowledge of those natural productions which have been
placed at our disposal by a beneficent Creator I would have
annexed, as already mentioned, a department for the collec-
tion and exhibition of all the useful implements and ma-
chinery which have been contrived by art for aiding the
operations and improving the condition of the human race;
and this desirable appendage, as every one knows, is, to a
great extent, already prepared to our hands in the admira-
ble establishment for the preservation of models, which are
required to be deposited on the issue of letters-patent for new
inventions. This department might be conveniently and
most appropriately made a branch of the proposed institu-
tion.

With these combined advantages, and the requisite addi-
tions being supplied as opportunity offered, we should soon
possess the means of acquiring a competent knowledge of
all that exists in nature or has been produced by art, and
that I should call a genuine ‘establishment for the increase
and diffusion of knowledge among men.” While our local
seminaries would be appropriately engaged in imparting
languages, rules, and other instruments of mental culture,

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 907

laboring at the various subdivisions and branches of knowl-
edge here, at the common center of the Republic, we should
have the entire tree, in perennial verdure, accessible to all
who might desire to participate in the pleasures and benefits
afforded by its flowers and its fruits. Every terrestial object
interesting to man would here be submitted to the examina-
tion of his senses, and rendered intelligible to his under-
standing; and every citizen whose taste or talents fitted him
for the acquisition, instead of wandering at the peril of life
and limb in the pursuit, would here find the elements of
knowledge, drawn from every region of the globe, and
adapted to his use, in the very bosom of his native land.
And this, let me add, is in my opinion the true method for
diffusing knowledge among men. Present the inducements,
furnish the means, point out the way, and then leave the
student to gain the prize by the efforts of his own talents
and industry.

The ordinary practice of attempting to force indiscrimi-
nately upon the minds of pupils a determinate portion of
school learning is something like the process of drenching
a juvenile patient with the unpalatable prescriptions of the
doctor. It may be beneticial, and sometimes indispensable,
but the medicine is apt to be rejected, and is almost inva-
riably recollected with loathing. Yet, when the sufferer has
acquired a proper sense of his condition, and comprehends
the necessity of the case, he seeks a remedy with eagerness,
and applies it without the slightest regard to any unpleasant
contingencies. Instead, then, of merely adding to the num-
ber of seminaries for the indiscriminate infliction upon the
young of certain prescribed doses of learning, I would estab-
lish our Smithsonian Institution as a great national warehouse
of knowledge, where every one might find something suited
to his wants, and to which he could freely resort whenever
he became conscious of his necessities.

I would, however, provide one or more suitable persons,
in the character of curators, who should be competent to
expound the principles of arrangement, to elucidate what-
ever might be obscure, and, generally, to facilitate the te-
searches of all who might require assistance. More ex-
tensive or direct means of instruction, if found expedient,
could at any time be provided.

For the general direction and management of the estab-
lishment there is, happily, also on the spot an organized
body of the most respectable character, well fitted, and no
doubt cheerfully prepared, to discharge the duty. A ‘“ Na-
tional Institute for the Promotion of Science” has been recently

908 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

established at Washington, which seems to be expressly
adapted to such a trust. The members and officers are of |
the most distinguished residents of that city, and, by the
constitution, the Secretaries of the War and Navy Depart-
ments are, ex officiis, directors of the institution. There is,
then, an ample provision for keeping the whole concern duly
under the inspection and control of the Government; and
being in its nature entirely unconnected with mere party con-
siderations, it would doubtless become, as it ought, an object
of generous rivalry with successive administrations, each
striving in turn to excel its predecessors in promoting the
prosperity and extending the benefits of the establishment.

I cannot permit myself to believe there would be any
danger of its ever degenerating into an object of mere par-
tisan cupidity, or being converted into a political lair by
any of that ravenous tribe who instinctively lie in wait for
the oflal of Government patronage. Such a desecration
would shock the national sense of decorum, and would be
scarcely less repugnant to the habits of the strange incumbent
himself. Who ever heard of a professional oftice-hunter—
a regular mouser for party favors—taking an interest in
the beauties of Creation, or co-operating in the promotion
of Science? The idea is preposterous. His nature would
revolt at such a position. The very atmosphere of the place
would be unsuited to his respiration, and every influence
within its boundaries would combine to expel him from the
consecrated ground. Or, if by some miraculous develop-
ment, a taste for liberal pursuits should chance to be awak-
ened in such an incumbent, we should see a metamorphosis
as salutary as it would be rare, and thus the institution
would still be safe.

In every event, I believe it would prove a most valuable
auxiliary in diffusing useful knowledge—expanding the
minds, humanizing the dispositions, and refining the tastes
of our people—and consequently elevating the national
character to that high standard of civilization which be-
comes a great and enlightened Republic.

I have thus, hastily and briefly, adverted to a few of the
considerations which induce me to believe that a NaTIoNaL
MusEuM anp Botanic GARDEN, built up and sustained by
the Smithsonian Bequest, and dedicated to the instruction of
the American people, would not only be a legitimate object
for the appropriation of that fund, but would practically do
more towards the ‘increase and diffusion of knowledge
among men” than any other institution which has yet been
suggested. The benefits resulting from it would be more

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 909

numerous, more palpable, more accessible—and therefore
more generally enjoyed by the nation at large—than those
of any other single establishment. If this be true, should
we not unite, as with one voice, in urging the accomplish-
ment of so noble a design? And may we not indulge the
hope that our public servants—who profess such eagerness
to gratify the wishes of their constituents—would promptly
respond to so reasonable a request? To doubt their compli-
ance with such a manifestation of the sovereign will would
be treason against the very theory of our Government. I
shall be guilty of no snch political heresy. I shall antici-
pate no such contumacious neglect of representative duty;
but will loolx forward with confidence to the day, when the
citizens of this Republic shall possess all the means, and
enjoy all the advantages, of intellectual culture which have
been hitherto monopolized by the subjects of European
monarchies.

Let us, then, never falter in our efforts, nor halt for an
instant in our career of improvement, until our temples of
Science shall vie with the noblest of those beyond the
Atlantic. And while the Frenchman justly glories in the
Jardin des Plantes—while the Briton boasts, with reason, of
the Royal Garden at Kew—and even the Russian, in his
frozen clime, is warmed into admiration by the Imperial
Conservatory of the Czars—let American freemen, in their
turn, be enabled te point, with patriotic pride, to a National
Institution, of no less beauty and value, at the Metropolis of
their own favored land.

*

910 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

AN ADDRESS ON THE DUTIES OF GOVERNMENT,

In reference chiefly to Public Instruction, with the Outlines of a Plan for
the Application of the Smithsonian Fund to that Object,,

By Rev. WILLIAM BARLOW.

Delivered, in substance, before the American Institute, in the Lyceum of
Natural History, in New York City, February 10, 1847.*

GENTLEMEN OF THE AMERICAN INSTITUTE:

The main object of the discourse which I am now to de-
liver is to lay before you the outlines of a Pian of a Smith-
sonian Institution “for the increase and diffusion of knowledge
among men,” in conformity to the Wiuu of the late JaAmEs
SMITHSON, ‘of England, by whom a fund for that purpose
has been bequeathed to these United States.

Preliminary, however, to the main design, I beg leave to
submit a few thoughts on the great ends of government,
and its duties in regard to public instruction. The theme
deserves our fixed attention; for, where the sovereignty is
vested in the people, and the legislator is the mere exponent
of the popular will, constitutional liberty and social well-
being must depend mainly on the tee eee and virtue of
the constituency. ~ ae - - .

The terms of the will must coe the character of
the institution; and, brief as they are, they seem to be sufli-
ciently explicit to show what were the wishes and intentions
of Mr. Smithson.

First. It is evident, I think, that he contemplated the
founding of an INsTITUTION sui generis—different from any
existing university, college, library, museum, or gallery of
art. Had he intended any one of these he would have said
s0, without any circumlocution.

Secondly. By “‘Mrn” he undoubtedly meant all men, but
especially all eitizens of the United States—the masses of
men, the comparatively neglected millions, as distinguished from
the privileged classes. Having in view the benefit of the people,
he selected this country as his heir, naturally supposing that
a popular government would discharge the trust in good
faith for the advantage of its constituency.

Thirdly. By ‘THE INCREASE AND DIFFUSION OF KNOWLEDGE”
I suppose he meant, not so much the increase of the sum

*New York. Printed by B. R. Barton. 1847.

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 911

of human knowledge by new discoveries in science, as the
wider diffusion of that which is already in possession of the
race—the increase of knowledge among the millions by diffusion,
the increase of the millions who know. He did not design to
put men upon the search of undiscovered truths, to augment
the scientific stores of some future Newton, Porson, or La
Place, but to call into existence a system of expedients to
spread knowledge and equalize its advantages.

Fourthly. By the ‘“‘kKNowLEpGE” to be diffused he must
have intended, not the simple elements taught in primary
schools; not the recondite lore of the higher seminaries,
for which the millions have no leisure; not the dogmata of
theology, which it is the business of the Church to teach, but
secular knowledge, adapted to the continued education of manhood,
suited to the wants of the millions and not otherwise adequately
provided for—knowledge touching their BUSINESS, their INTERESTS,
their SOCIAL DUTIES and POLITICAL RIGHTS.

On all these points gentlemen have fallen into error. The
word institution seems to call up in their minds all the insti-
tutions of civilization where knowledge is to be acquired,
and the new desideratum they propose to form by combining
them together. Instead of planning an institution for the
benefit of the millions, they devise one for the benefit of the
graduates of colleges, members of Congress, and gentlemen
of leisure. Instead of diffusing knowledge, they concen-
trate it at Washington.

The main object of Mr. Smithson must have been the
diffusion of truth. An institution for the discovery of new
truths, and one for the diffusion of old ones, must of necessity
differ widely in their plan and details. He said nothing of
two distinct institutions, but of one only. If he intended
the first, he must have been insane. An institution incor-
porated at Washington to make scientific discoveries, or to
pick up diamonds on the Rocky Mountains, would be an
absurdity. Men do not find planets or diamonds because
they are incorporated for that purpose. But an institution
for “the diffusion of knowledge among men” has a definite
and practicable object, fraught with certain and substantial
benefits to mankind, and the conception of such a scheme
evinces both the wisdom and philanthropy of the testator.

But allowing that the increase of the sum of human
knowledge was intended by him, I think he would not have
advised the appointment of half a dozen men to take their
daily rounds through a library of 500,000 volumes, a garden
of 500,000 plants, and a cabinet of 500,000 curiosities, as
the means of attaining that object. The most direct way

912 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

to increase the aggregate of human knowledge would be to
diffuse what we have among the masses. ‘This would be
the ‘“‘open sesame!” the talismanic word which would un-
lock the hidden chambers of science. Instead of putting
ten men into snug sinecures, the true method would be to
put ten millions of men upon the search of truth, when it
might happen that the immortal discoverers would come
forth from some obscure cabin on the Aroostook, or some
remote cottage of the prairie. Discoveries must be left to
time, to chance, to the researches of the solitary student,
to men whom God shall inspire with the spirit of excellent
wisdom. But the seed of scientific discovery is diffused knowledge.
This should be sown broadcast among the masses. This was
the object of Mr. Smithson—“ To increase and diffuse knowl-
edge among men.”

Of the various plans which have been suggested, that of
the Hon. Richard Rush, addressed to President Van Buren,
is the most remarkable. He advised the appointment, by
the President and heads of Departments, &c., of as many
lecturers as the funds would bear, whose duty it should be
to “illustrate the democratic principle in elementary dis-
quisitions,” &c., which were then to be submitted to the
President, and if approved by him, published. He preg-
nantly remarks: “If knowledge is power, power directing
knowledge may make it efficacious;” and he sagely augurs
that “the desire of fame, increased by the hope of their
lectures being published, might be expected to stimulate
them to exertion; and if incentives so high were wanting,
the tenure of their appointments, where the Executive and the
public eye would be upon them, would act as a guard against
any slackness in their duties.”” This scheme embraced other
and better features, but this was its most prominent one.
The adoption of this bad plan would have made the bequest
a corruption fund, and its lecturers a corps of Executive
sycophants and political hacks. I mention it merely to show
what projects politicians are capable of conceiving, and to
what base purposes this sacred bequest may be perverted if
it be not vigilantly guarded.

Doctors Cooper, Chapin, and Wayland concur in recom-
mending a kind of university. Dr. Cooper would open it
only to the graduates of colleges. Dr. Chapin would have
a few chairs filled with ‘professors of the first powers and
attainments;”’ of which few chairs he specifies only ten.
Dr. Wayland would have its course of studies commence
where the studies of our colleges and West Point school
end. To this plan, in all its unimportant varieties, we object

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 913

that the professorships in such an institution in the city of
Washington would be sinecures, and its halls solitudes.
Life, in America, is thought to be too short to admit of a
university course between the collegiate and professional
studies. Jt would be the most thoroughly exclusive and aristo-
cratic institution of learning in the world. None but the opulent
and the learned would enjoy its advantages; whereas this
legacy was not intended for the exclusive benefit of an aris-
tocracy of wealth and learning, but of the comparatively
uneducated masses—‘‘ To increase and diffuse knowledge
among men.”

The Hon. John Q. Adams repudiated the plan of endow-
ing a school of any sort, because the American people are
sacredly bound, he says, to provide for education at their
own expense, and ought not to be indebted for such a pro-
vision to the eleemosynary donation of a foreigner; and yet
Mr. Adams advised the erection of an astronomical observa-
tory, the appointment of an astronomer, assistants, and at-
tendants, and the publication of a nautical almanac. This
application of the fund is clearly open to his own objection,
that the Government should furnish such an institution at
its own charge. It is open to the still more fatal objection,
that it would be a violation of the national faith. Mr. Smith-
son could not have contemplated any such use of his money.
He was thinking of men, not of the planets; and designed to
diffuse among them something more than nautical almanacs.
All knowledge, it is true, benefits man; and he that counts
the stars, and he that counts the spawn of the cod, adds some-
thing to the common stock; but neither the one nor the
other was the thing intended by Mr. Smithson. Fortunately,
this plan has been superseded by the erection of an astro-
nomical observatory at the public expense—a bill for that
purpose having been smuggled through Congress under the
pretense of erecting a building to keep maps in.

The Hon. Mr. Tappan proposed a botanical garden, like
the Jardin des Plantes, in Paris; agricultural experiments
on a farm to be provided for that purpose; conservatories,
chemical laboratory, cabinets of natural history; lectures,
somewhat on the plan of Mr. Rush, for the benefit of mem-
bers of Congress with their families; members of the Gov-
ernment with their’s; inhabitants of the city, and strangers
visiting it. A library was to be created, at the expense of
$5,000 per annum; and, finally, an establishment for print-
ing scientific treatises, tracts, &c. This scheme would have
» produced a college without students; professors to teach
members of Congress gratis; a flower garden to supply

58

914 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

bouquets for the ladies, and “clegant tenements” for the
hangers-on of the party in power. All very good things in
their way, but not the things intended by Mr. Smithson.
The redeeming feature of this plan was the establishment
for printing. I apprehend, however, that it would have
proved merely a large leak to let off surplus funds. How
the treatises were to be disposed of I am not informed—
probably as gratuities to members of Congress and their
friends. Such a splendid group of establishments would
have exhausted the entire funds of the institution at the
outset. They would have served to garnish “the city of
magnificent distances” so long as they were supported from
the national treasury, but would have reflected but little
light upon the minds of the millions beyond its suburbs.

The Hon. Mr. Choate proposed to amend the scheme of
Mr. Tappan, by appropriating to the library $20,000 per
annum, for twenty-five years. He retained all the other
features of the plan, excepting that he restricted the lectures
to the winter, and the publications to the lectures delivered.
The nation might well be proud of such a library. With a
little economy in the distribution of the spoils, twice the
amount, possibly, might be saved from the treasury. The
Government would do well to found such a library; if for
no other purpose, to aid the researches of our Prescotts,
Irvings, and Sparks. But this should be done with its own
money—not with this trust fund. To imprison knowledge
in 500,000 volumes of gilded calf, and lock it up behind
doors of glass and mahogany, would be a grand affair—a
splendid thing for members of Congress to look upon. But
if it were created by the Smithsonian fund, it would be a
magnificent violation of the national faith! Mr. Smithson
gave his money in trust, to increase and diffuse knowledge
among men—not to stow it away on shelves of deal, inac-
cessible to all but the keeper and the moth; at any rate,
wholly and forever inaccessible to the millions. So far from
carrying out the design of Mr. Smithson, it reverses it; and
instead of diffusing knowledge, concentrates it at Washing-
ton, where there is already one of the largest libraries in the
Union.

The bill of the Hon. Mr. Owen provided for lectureships
on agriculture and chemistry; for the extensive use of the
press, in the diffusion of knowledge; and for a normal
school, for the education of teachers. The peculiar feature
of this bill, the normal school, would, I apprehend, differ
from the institution recommended by Doctors Chapin and
Wayland, as being inferior; and from a hundred academies

eee

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 915

already established, as being more inaccessible. Such insti-
tutions should be founded where living is cheap. Wash-
ington would be the most unfavorable locality in the Union.
The few who could afford the expense of a school there,
would be apt to prefer some college, where proficiency
might obtain at least the reward of adiploma. Mr. Owen’s
plan for employing the press, was probably the nearest ap-
proach to the great desideratum which had been made.
But here everything would depend upon the mode of dis-
tribution. His plan, as a whole, appears to me to have
embraced too many objects for the fund to bear, and ma-
chinery too much complicated to run well. In both these
respects, however, it was much to be preferred to the plans
which had preceded it. It bore the marks of intelligent
thought, practical wisdom, and honest patriotism; but it
was fated to be superseded by a piece of patchwork, which,
in the session of 1845-46, became the law of the land.

The act to establish the ‘Smithsonian Institution” com-
bines some of the worst features of the preceding plans,
while it wants their redeeming qualities. It provides most
amply for wasting the entire income of the fund upon an
assemblage of distinct establishments under that name.. It
creates a vast and complicated piece of machinery, which
would require the income of millions to keep in repair, and
which would seem to have no ultimate object external to
itself.

The first section constitutes the President and Vice-
President of the United States, the Secretary of State, the
Secretary of the Treasury, the Secretary of War, the Sec-
retary of the Navy, the Postmaster-General, the Attorney-
General, the Chief Justice, the Commissioner of the Patent
Office, and the Mayor of the city of Washington, during
their continuance in their respective offices, ‘‘and such other
persons as they may elect honorary members,”’ ‘‘an establishment
by the name of the Smithsonian Institution,” “‘to have per-
petual succession,” &e.

No limit is here set to the number of honorary members.
The Cabinet may appoint them ad libitum. There may be
ten or ten hundred. With two exceptions, the whole body
may be changed with every change of the Administration.
No duties are assigned to it but those specified in the 8th
section, namely, ‘“‘to hold stated and special meetings for
the supervision of the affairs of the said Institution, and the
_ advice and instruction of the said Board of Regents.” As,
however, the said Board of Regents is, by section third,
_ authorized ‘to conduct the business of the Institution,” it

916 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

was obviously unnecessary to assign any other than nominat
duties to the nominal institution.

The creation of this nominal institution, though utterly
useless as regards the transaction of business, is a matter of
grave import touching the funds. If, as seems to have been
the intention, and as justice itself requires, ‘the members
and honorary members of the Smithsonian Institution” are
to be entitled, as well as the Board of Regents, to draw upon
the funds for ‘their necessary travelling, and other actual
expenses,” when attending at “its stated and special meet-
ings,” revenues may be required for the ‘actual expenses”
of an exceeding great army of men, ‘‘desiring the crumbs
which fall from the table.”

The third section confides the business of the Institution
toa “ Board of Regents,” consisting of the Vice-President of
the United States, the Chief Justice of the United States, and
the Mayor of the city of Washington, during the time for
which they shall hold their respective offices; three members
of the Senate, to be appointed by the President thereof; three
members of the House of Representatives, to be appointed by
the Speaker thereof; and six other persons, to be appointed
by joint resolution of the Senate and House of Representa-
tives, fifteen in all. Vacancies to be filled by Congress in
the usual manner.

This Board of Regents constitutes, in fact, a duplicate
Smithsonian Institution, differing from the first as being the
real, while the other is only the nominal Institution. The
organization of this board, like the other, is wholly of a
party character, and liable to constant change. The prin-
ciple of rotation in office, carried into the institute, will de-
prive its officers of the benefit of experience. Its offices will
be so many places added to Government patronage, and its
income will be so much money added to the spoils of the
victors.

It will be their duty to hold “regular and special meet-
ings;” to appoint and remove subordinate officers; to super-
intend the building; to audit accounts and disburse moneys;
to furnish the cabinets, laboratory, library, and gallery of
art; to make exchanges of specimens; and report their
operations to Congress. In a word, to manage the complex
machinery of the several institutions to be created under the
name of the ‘‘Smithsonian Institution.” Their offices will
be no sinecures, but “their services as Regents are to be
gratuitous.” As, however, most of these fifteen gentlemen
may be called from distant States to attend to their duties,
“the travelling and other actual expenses”? may absorb no

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. Q17

trifling proportion in the final division of the assets of the
Institution.

Section five provides for the erection of a building, “with
rooms or halls for the reception and arrangement, upon a
liberal scale,” of the following distinct institutions: 1. A
“Museum” of ‘objects of natural history, including a geo-
logical and mineralogical cabinet.” 2. A “Gallery of Art,”
to be furnished, probably, with statuary, paintings, engray-
ings, and other costly things in that line. 8. A Library, to
which the board may appropriate “ not exceeding $25,000
per annum.” 4. A “Chemical Laboratory,” with the furni-
ture necessary for chemical experiments. And finally, “the
necessary lecture rooms,” requiring lecturers, of course, and
constituting, perhaps, the university recommended by Doc-
tors Chapin and Wayland, or perchance the corps of politi-
cal lecturers proposed by Mr. Rush.

It appropriates for the building the interest which has
already accrued on the fund, namely, $241,129, ‘“ together
with such sum or sums, out of the annual interest accruing
to the Institution, as may, in any year, remain unexpended,
after paying the current expenses of the Institution.” This
is to be much observed. After paying the current expenses,
the surplus income may be expended upon the buildings! It would
seem that something should be reserved to ‘ diffuse knowl-
edge among men,” and that such surplus might be so ap-
propriated. However, as there are at least four distinct
institutions to be provided for out of the paltry income of
$30,910, the surplus will not be worth contending about.

Of the subordinate officers, one only is specitied— the
secretary of the Board of Regents”—who is authorized,
with the consent of the board, to appoint assistants. Their
number is not specified. Each of the four institutions will
require at least one officer of its own. To purchase, judi-
ciously, $25,000 worth of books, would require one or two
competent agents. Vériuost would be wanted to make col-
lections for the museum and gallery of art. To these must
be added a retinue of servants, and interminable expenses
incident to foreign and domestic agencies, and inseparable
from so magnificent an assemblage of establishments.

The financial aspect of this law presents some remarkable
features. The original fund is invested in the treasury, and
yields an income of $30,910. Of this income $25,000, may
be annually expended in books. A museum and gallery of
art, “‘on a liberal scale ”—on a scale worthy of a great na-
tion, and similar to other national institutions of the kind
abroad—would require at least as much more; for, if the

918 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

thing cannot be done on this liberal scale, it should not be
attempted at all. ‘‘ The travelling and other actual ex-
penses ” of the superior officers of the institution, will ad-
mit of no certain estimate. If there were a will, there
would be a way, to make this item absorb half the income.
It can hardly stop short of some thousands. There must
be four subordinate officers at least, who would be entitled
to receive from two to three thousand dollars: say $10,000.
Add to these the expenses attending foreign and domestic
agencies, correspondence, transportation, wages of a numer-
ous troupe of servants, light and fuel for the whole suite of
establishments, occupyingan edifice costing at least $300,000;
and occasional printing of reports, lectures, &c. Last of all,
the 9th section provides, ‘ that of any other moneys which
have accrued, or shall hereafter accrue, as interest upon the
said Smithsonian fund, not herein appropriated, or not required
for the purposes herein provided, the said managers are hereby
authorized to make such disposal as they shall deem best:
suited for the promotion of the purpose of the testator.”

Here is a scheme of appropriation which would exhaust
the income if it were three hundred thousand instead of
thirty, without approaching the object of the bequest. Of-
ficers and employees are to be first paid. If there should
be a surplus, a gallery of art, museum and library may be
created. The residue, if there should be any, may be ap-.
plied to eke out the building fund. And finally, if by some
financial miracle, any thing should remain of that which has
been thrice consumed, that miraculous residuum may be
applied ‘for the promotion of the purpose of the testator.”

It would seem to be well understood that ‘‘the moncys
herein appropriated,” and ‘the purposes herein provided,”
do not promote the purpose of the testator—as most cer-
tainly they do not. The law does not forget that the testa-
tor had a ‘‘ purpose,” and that the faith of the Government
is pledged to carry it into effect, but with these facts looking
it in the face, it appropriates the income, to projects which
do not conduce to the accomplishment of the purpose; but
serve only to gratify a national vanity. But what appro-
priation does it make to carry into effect the object of the
generous Smithson? Not the first dollar! But with intense
irony it tells us, in effect, that the said managers are author-
ized to apply to this object, the remainder, when ALL has been
wasted !

No one can suppose that the enormous abuses of a sacred
trust, to which this law opens a wide door, were contem-
plated by the honorable body by whom it was enacted—

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 919

Congress wished, perhaps, to gratify the several projectors
by incorporating their respective contrivances into one an-
omalous institution. But after all the deliberations of years,
its final action was characterized by haste—almost fatuity.
Some creature of a clique, it would seem was prepared to
come forward, at the last moment, with this odious scheme,
and the plan of Mr. Owen was suddenly superseded. It is
instinct with the partisan spirit of the scheme first reviewed.
It looks, to my eye, like the same, but rendered more com-
plex by monstrous appendages, and wearing a mask of hy-
pocrisy over its visage of brass. It is a violation of the
national faith, and a fraud upon the American people. It
robs us of our money, and appropriates it liberally to pro-
jects conceived in folly; but to the great purpose of the
testator— the diffusion of knowledge among men”’—it grants
nothing, absolutely nothing. I call upon the American
people to place their brand upon the odious law; and to
reclaim their money before ‘‘ such contracts or individual
rights” shall be ‘‘made or acquired under it,” as shall
alienate it altogether from the sacred purpose for which it
was given.

I shall now proceed to suggest a method of appropriating
the proceeds of the Smithsonian fund, which would, I con-
ceive, accomplish the purpose of that philanthropist.

Of the Fund.—Let the Government charge itself with the
purchase and maintenance of the library, museum, and
gallery of art, &c., if these projects must of necessity be
persisted in, and thus relieve the Smithsonian fund of a
burden foreign to its design. Let the original fund of
$515,169, with so much of the interest which has already
accrued thereon as would make up the amount of $700,000,
remain in the Treasury of the United States, as a perma-
nent fund, drawing interest at six per cent. perannum. This
would yield for the purposes of the institution, $42,000. Let
the balance of the interest now on hand, say $57,298, be
expended in the erection of a suitable building for the uses
of the institution, on grounds authorized to be taken for that
purpose by the present act; but not so as to form a wing of
the Patent Office. This amount would erect a building
sufficient, but not showy. If the Government wishes for
something in the way of architectural display, let it provide
the means, but not enlarge to such dimensions as to waste
the scanty income in repairs and attendance.

Il. Of the Regenis.—Let the regents of the Smithsonian
Institution consist of the judges of the Supreme Court,

920 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

who compose the bench at Washington, with an equal num-
ber selected by themselves from among the sages of the
land, who have become illustrious for their wisdom and
virtue, and who have retired from the strife of politics.
Let all vacancies by death or resignation, among the asso-
ciates of the judges, be filled by the election of the whole
board ; the’vacancies on the bench of judges being filled as
by law provided. Let the board so constituted have per-
petual succession, and possess all the necessary corporate
powers, as the Smithsonian Institution. Such men as these
judges, with such other men as Albert Gallatin, James Kent,
James Tallmadge, would be inaccessible to the corrupt influ-
ence of party. “In the management of the trust confided to
them, they would give to the country the benefit of their
wisdom ; they would possess its confidence, and redeem its
plighted faith. They should be invested with large dis-
eretionary powers, and should report to Congress at each
session the doings and condition of the Institution.

Il. The Editorial Bureau.—Let the Board of Regents
appoint the subordinate officers of the institution ; namely,
two editors and two assistants; one of whom shall be the
corresponding, and another the recording secretary of the
institution. These officers should be selected from among
the ablest men whose services can be commanded. Their
compensation should be liberal. They should not be re-
movable except for cause, and by the vote of a majority of
the appointing power. The permanency of their appoint-
ments would be an inducement to bring all their faculties
to their work, and to aim at the highest perfection in the
duties assigned them.

IV. Volume of Practical Science.—Let it be the duty of this
Editorial Bureau to collect, from all sources, all that is
known touching the subjects of agriculture, manufactures,
commerce, architecture, engineering, the fine arts—in short,
in all branches of productive industry ; ; to extract from the
mass that which is best calculated to subserve the industrial
interests of the country, and digest and arrange the same
into a form adapted to popular use. Let the large annual
volume, of 800 or more pages, octavo, be compiled, contain-
ing more or less upon all these subjects, sv as to give to
each volume the attraction of a rich variety. Let it be
stereotyped in the best manner, with double sets of plates.
Let the work be enriched and embellished with maps, plans,
plates, engravings, illustrative of the matter contained in
the volume, particularly natural history, mechanics, archi-

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 921

tecture, and the fine arts. Thus making it at once an in-
valuable compendium of practical science, and a book of
beauty ; adapted to the wants of the cottage, and worthy for
its elegance of the saloon of the palace. besides the stand-
ard topics mentioned, other matters of science and general
interest, improving to the tastes and elevating to the char-
acter, might be admitted to enliven its pages. I would
wish to have, in process of time, the kingdoms of nature
and art explored, to find the-forms of truth and beauty to
enrich that book. If, by reason of constant discussion, or
the want of fresh matter, the standard topics should lose
any portion of their interest, new life might be infused into
the series by adopting works on collateral subjects. In de-
fault of native works adapted to this use, foreign works,
like the Bridgewater Treatises, might be admitted. Such
an emergency, however, is not to be anticipated.

V. Political Collectanea.—Let the second annual volume be
compiled and stereotyped, in size and ‘style uniform with
the first, and constituting a political collectanea. It should
contain a digest of the proceedings of the legislative, execu-
tive, and judicial branches of the General Government; im-
portant State papers; abstracts of Congressional reports;
treaties; diplomatic correspondence; statistics; notices of
internal improvements; notices of State legislation, with
their most valuable documents; statistics of foreign coun-
tries; memoranda of their legislation, and current political
history. It should be, in short, a current political history
of the world, but especially of our own country—a pano-
ramic view of nations as they exist at the passing moment.
It should contain the cream of that knowledge which the
freeman needs to qualify him to serve his country, whether
at the polls or in official station. It should be history taken
from life, by a sort of literary daguerreotype—a book: of facts,
compiled in the spirit of truth and impartiality, untainted
by party prejudices, beyond the reach of party influences.
IJ would wish it to become, in the process of years, a more
valuable book of reference for the statesman than exists in
any country—more full and elaborate than Niles’ Register,
and expurged from its dross—more general in its scope and
less encumbered with useless matter than Hansard’s Parlia-
mentary Reports—more available for the present and future
student of legislative history than Rymer’s Feedera. It
should have the good qualities of all these, without their
detects, and other good qualities which none of them have.

VI. Preliminary Series of Volumes.—And here I beg leave

922 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

to suggest that, if such a current documentary history should
be commenced, the design should be perfected by the com-
pilation of an introductory series of volumes, containing all the
most important documents relating to the history of the
country from its first settlement, and especially from the
middle of the eighteenth century. They should be uniform
in style with the series above proposed, and embrace a great
deal of matter for the gratification of the antiquarian, as
well as for the instruction of the legislator and historian.
The Smithsonian fund should spare nothing for this retro-
spective purpose; but the desideratum would be cheerfully
supplied by the General Government. England has set the
beautiful example in her Federa. It could be compiled,
stereotyped, and published in the same manner as the serials
of the Smithsonian Institution, as suggested below.

VII. Method of Publishing.—Let the use of the plates of
the two serials be granted, for a term of years, without
charge, to such responsible publishers as would engage to
supply all purchasers with the works, executed in a given
style, at the lowest price, and deliver the same for sale in such
of the great cities of the Union as shall be designated in
the contract. As the compiling, stereotyping, and engraving
would be done at the charge of the Smithsonian fund, the
purchaser would pay only tor the paper, press-work, binding,
and the small percentage which should of right constitute
the profits of the publisher. If the two annual volumes were
in matter and style such as I conceive they should be, and
such as I have attempted to describe, they should be worth,
at the ordinary rates, four and five dollars respectively, or
at least eight dollars for the two. Without going into
minutely accurate calculations, it would be safe to say that
they would not cost the purchaser more than three dollars.
The balance of five dollars in the intrinsic value of the books
would be in effect a donation from James Smithson. They
would not, indeed, be worth that as merchandise, since all
could obtain them at the same price; but they would be
worth infinitely more than that, as sources of practical, use-
ful, and indispensable knowledge, and which are not likely
to be provided for in any other way.

Resulting Benefits of the Plan.—Permit me now to enlarge
on the benefits which would result from this safe, simple,
and effective scheme, if it were carried out in its spirit and
to the letter. 4

It will supply a Desideratum.—It would call the two serials
into existence, and widely distribute them. A work of prac-

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 923

tical science, compiled with ability, executed with elegance,
keeping up with the progress of discovery, adapted to popular
use, neither too desultory to instruct nor too voluminous to
be read, is still a great desideratum for the laboring classes.
A current political history, divested of party prejudice and
misrepresentation, is no less necessary for the voter and
statesman. Individual enterprise is little likely to supply
these wants, on terms suited to the straitened means of the
millions. But if they were furnished as here proposed,
their intrinsic value would make them desirable to the
wealthy, and their cheapness would bring them within the
reach of the poor. I am of opinion that one hundred
thousand copies would be sold annually ; and as the popu-
lation increased, even that amount might be doubled ;—I
am tempted to say quadrupled.

Gain to the Laborer.—To the laboring classes, the vol-
ume of practical science would be valuable as a source of
pecuniary gain. It would bring to their aid the lights of
science, and the results of experience. It would point out
new and felicitous methods of operation in the shop and
the field. It would lighten the labor of the human muscle,
while it gave healthful occupation to the intellect. It would
show them what others have done, and provoke them to
noble emulation. It would suggest expedients to meet
emergencies ; and remedies for a ‘thousand evils. It would
wake indolence from its sleep, and turn industry into new
channels. It would, in short, increase and diffuse practical
knowledge, and thus help the toiling man in numberless
ways ; and it would be his own fault if he did not reap from
each annual dollar the harvest of “ thirty, sixty, or an hun-
dred fold.”

Mental Improvement.—These volumes would serve a higher
purpose than to increase wealth, and improve the mind as
well as the condition. On two great branches of knowl-
edge, they would contain all that the masses have the leisure
to learn. The late act of Congress proposes to increase and
diffuse knowledge among men by establishing a museum,
laboratory, library, and gallery of art, in the city of Wash-
ington. The present plan proposes to put the museum, labora-
tory, library, and gallery of art, into one of these. serials, and
send them broadcast through the country, and lay them upon the
tables of a million of families. More useful by the cottage
fireside than a lecturer from the university, they would
discourse daily to its inmates of things useful and pleasing,
without taxing their hospitality. They would be pored

924 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

over by the bright eyes of childhood, and the dim vision of
age. They would furnish delightful occupation for the
hours of leisure; turn aside the temptation which wounds
the idle; give expansion to ideas narrowed by ignorance;
cultivate a taste for solid reading, and make many a winter
evening more charming than a morning of spring.

Development of Talent and Genius.—Their effect upon the
future destinies of many young persons would be most
salutary. Many are born with high capabilities whom ne-
glect and ignorance doom to obscurity, perchance to ruin.
These volumes would find their way into the hands of
thousands of these neglected ones, kindle in them the latent
fires of genius, and call into action the faculties of a future
race of Franklins, Fultons, Whitneys, and Wests. Napo-
leon owed his success mainly to his rare discernment of
qualities, and his tact in putting every faculty of the millions
to its appropriate use. Nations too, become great by apply-
ing the talisman of education to individual character ;
throwing down the barriers of inferior caste; and stirring
in the bosoms of the young the instinct which will guide
them to the paths for which nature has fitted them. One
of these volumes, well read, would impart more real knowl-
edge and mental vigor, than all the novels in the language.
Many a peasant boy will begin by spelling out in solitude
the-pages of these volumes, and will distance the college
dunce in the end.

Increase of General Intelligence and Wealth.—The benefits
which would accrue to the country, would admit of no
human estimate. To increase the intelligence of a people
is to promote social virtue and happiness. To enlighten
private industry, is to augment public wealth. To call out
the latent talents of all ranks, is to develop the true sources
of a nation’s glory. Such effects would, to some extent,
follow from the adoption of this plan. Education among
the masses, for the most part, ceases with the years of child-
hood; but these perpetual serials would furnish the means
of a continued adult education ; the only means which can be
made to reach the millions—the only education their labors
will admit. While educating the man, they would mend
his fortune,.and put bread upon his board. They would
lead to the exploration of new mines of wealth—enriching
the country by enriching the citizen. They would add mil-
lions to the common wealth by improvements in agricul-
ture, millions by the introduction of new staples, millions
by extending and perfecting our manufactures, and that

a

——

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 925

which is better than millions, by cultivating the national
taste and conducing to the advancement of the fine arts.

Preservation of our Free Institutions—Another benefit
would touch the vital interests of the country—the very
existence of its free institutions. If practical science would
enrich it, sound political knowledge would tend to the pre-
servation of its liberties. That political volume, destined
to be read by the masses, like the book of judgment to the
evil-doer, would have terrors for the faithless ruler. Let it
pay its annual visit to the work-shop and farm-house, and
in the process of a few years it would confer upon the hon-
est labor no slight pretensions to statesmanship. It would
put an end to the reign of party despotism. It would crip-
ple the power of a mendacious press to mislead and deceive
the people. It would render the demagogue as impotent as
he is base. It would bring honest patriots to a substantial
agreement; and the great and the good would again sit in
the seats of power. We might, by God’s help, even retrace
our steps from the fathomless gulf of foreign dictation, mob
violence, Jacobinic misrule, and the ultimate despotism,
upon which we are now advancing.

On the whole, we may affirm, I think, that the publication
of these two serials would accomplish the object of Mr.
Smithson. Instead of packing away five hundred thousand
volumes in Washington city, in twenty-five years, i would
put ten times that number of volumes into the hands of the people
themselves. They would be ‘read, marked, learned, and
inwardly digested.” They would immediately and bene-
ficially affect the character and interests of the citizen, and
the safety of the country. They would be beautiful monu-
ments to the memory of the philanthropist, whose honored
name should stand upon every title-page, seen and read of
allmen. This spring of benefits to mankind would not dry
up while the Government remained true to its trust, but flow
on, widening from age to age; and many a great and pros-
perous family in future times would be able most truly to
affirm that God and James Smithson had made them so.

Answer to Objections.—There are few things so good that
men may not find objections to them; and the best projects
fare as ill in this respect as the worst. Objections will be
started to the present plan. Let us imagine what they may
be, and ascertain their solidity.

Since the funds are provided without drawing upon the
Treasury, the objection will not probably be pressed any
farther that legislation in the premises is unconstitutional.

926 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

If it were otherwise this pretence would prevail. Weshould
ask in vain for $30,000 out of $30,000,000 of our own treas-
ury. Paltry politicians would cant about economy. Dem-
agogues would demand credit for the vigilance with which
they guarded the Treasury from all but peculators. Patri-
otic statesmen would stand ready to defend the Constitution
with their heart’s best blood from the horrible violation of
doing good. Fortunately all this is estopped. The Goyv-
ernment has accepted the trust; and it is too late to urge
that it is unconstitutional to fulfill its engagements,

Fund Not Insufficient.—It may be thought that the income
would be insufficient. By no means, if we may have the
whole. $700,000, yielding an income of $42,000, would
allow, in round numbers: for the Editorial Bureau, $10,000;
for stereotyping and engraving, $25,000; and for contingen-
cies—expenses of Regents, books, correspondence, light and
fire, etc., $7,000. This is enough for the present. A por-
tion of this formidable amount would go to American
scholars, a portion to American artists, and a portion to
American mechanics—all would go to reward talent and
learning, labor and skill; and sad to say, nothing to the
ee parasite. This evil must be patiently endured.

Vhen useful things are to be done, useful men must be em-
ployed—as to the rest, they must content themselves with
the millions of the Treasury. Forty thousand -dollars per
annum is a mere bagatelle in the mass of party spoils; but
it is a very great deal to be expended in good faith for the
benefit of the people. Let it be appropriated in the way
here indicated, and it will do us more good—more, a great
deal, than we now derive from all the national revenues.
This fund is most sacredly ours. Let not our rulers covet
it—let them extort no black-mail—nor fritter away the
funds upon useless projects and hungry politicians. Let
the funds be charged simply with the erection of a small
plain building requiring no heavy expenditures for repairs
and attendance, with the salaries of the officers constituting
the editorial bureau, the production of the plates, and the
necessary contingencies—let this course be honestly pur-
sued, and I repeat the averment, the Smithsonian Institution
will do the country more good than all the millions of the
Treasury.

Government to do Nothing but to Organize It, and then Let It
Alone.—It may be thought that this would make the Gov-
ernment a kind of publishing house. It is that now, and
expends much money in publications which never reach the

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 927

people. In this case the Government would have nothing
to do but to organize our Board of Regents, and pay our
money when it falls due. For all practical purposes we
wish the Smithsonian Institution to be as far beyond its
reach as the remotest star. Here is a fund consecrated to
the diffusion of knowledge—a purpose which can be accom-
plished only by the agency of the press. The Government
has accepted the trust, and we wish them to discharge it by
organizing a competent and trust-worthy corporation to
employ that agent in our service. More we wish it not to
do—less it cannot do in good faith. Let not our rulers think
scorn of so humble an expedient as the sending forth of two
annual volumes, to teach us how to take care of ourselves
and of our country—how to labor with advantage, and how
to vote with discretion. It shall cost their honors little
trouble and no expense; but the two volumes shall do the
nation more good than the two houses of Congress. Our
rulers themselves shall have their portion of benefit; these
volumes shall show them the right, and make them afraid
to do wrong. And when they come down from their high
places, they shall share in common with us the blessings
they will have bestowed upon their country.

In this way Sales may be Indefinitely Extended.—Will it be
thought better that the publications of the Institute should
be sent out as gratuities? It would cost millions to do any
thing to the purpose in this way. The books would become
the perquisites of officials, and would be distributed by fa-
voritism. Butin the method here proposed, the publica-
tion might be extended to the utmost limit of the demand,
without additional charge to the institution, and without
complicating the machinery. The fund would merely edit,
stereotype, and engrave; here its responsibility would end.
The publisher would print and sell for his minimum profit,
and manage his own machinery with the astuteness of in-
terest. All who were willing to pay one-third of their value
could have the books. I have supposed the sets to be worth
$8—to sell for $3—and the number of sets annually sold to
be 100,000. To this operation the fund would contribute
$42,000; the purchasers $300,000. The excess of actual
value over the cost, amounting to $500,000, would be in
effect an annual donation from the generous foreigner to
the American people. The annual increase of bibliothecal
wealth in the country would be $800,000. Here would be
a creative power constantly employed in putting knowledge
into men’s heads and skill into their fingers, fertilizing

928 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

their farms, enlarging their work-shops, putting money
into their purse, educating their children, multiplying their
domestic comforts, and thus increasing the national wealth
by countless millions.

This Plan of Publication applicable to other State Documents.—
Here I beg leave to suggest that this plan of publication
might be adopted, to some extent, by the National and State
governments, at a great saving to their respective treasu-
ries, and with vast advantage to the people. The ‘Natural
History of New York,” a work which reflects honor upon
the country, might have been published in this way at one-
half the expense to the State, at no more expense to the
purchaser, and twenty copies for one might have gone into
the hands of the people. Congressional and State Jaws of
general interest should be simply stereotyped at the expense
of the treasuries; they could then be published at a small
advance on the material and labor, and come within the
reach of all who desired them.

The Present Plan Not too Late.—Finally it may be objected
that this plan comes too late; as the General Government
has settled its mode of action, and appropriated the fund.
But the plan adopted is not beyond the reach of amend-
ment. If Congress be not too wise to err, it should not be
too dignified to mend. It has doubtless been their honest
and earnest purpose to discharge their trust in good faith.
If the present plan be worthy of adoption, it is competent
for that honorable body to adopt it, restore the Smithsonian
fund to the people, and charge the treasury with the expense
of their own folly, if that folly must of necessity be per-
sistedin. This sacred fund belongs to the people, and their
wishes as well as their interest should be consulted in the
disposal of it. We have a right to say to our rulers, hands
off! in the name of justice! Waste, if you will, the reve-
nues! Spend fifty millions to war upon fifty Indians! In-
vade Mexico! Put your sub-treasuries into your pockets,
or cast them into the sea! Do what else you will; but do
not waste this trust fund in prodigal expenditures for a
sumptuous building, a library, museum, and gallery of art,
which not one in ten thousand of us shall ever behold. Do
not fritter it away upon troops of gentlemen whose services
we do not want, and ten thousand objects of expense which
amount to nothing in the end. This fund is ours—its ob-
ject is sacred—let it be so applied that its benefits may reach
us.

Gentlemen of the American Institute, public instruction

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 929

is one of the most important duties of a wise and paternal
government. To teach religion is the business of the chureh.
The lower and the higher branches of science may be safely
confided to the schools. But to enlighten our industry, to
instruct us how to establish and defend our liberties, to
continue the education of manhood, in all ranks of the
community, is the business of Government. The press is
the instrument ordained of God for these purposes. Di-
rected by private interest it caters for a morbid intellectual
appetite—floods the land with putrid waters—and buries
useful knowledge under infinite accumulations of rubbish.
We wish to put a press under the control of men in whom
there is the spirit of excellent wisdom, that they may teach
us. Weare told that it would be unlawful to take money
from our national treasury for this purpose. Lawful or un-
lawful, it cannot be had there. But by the favor of God,
and James Smithson, a little fund has been provided for
the diffusion of knowledge among men, which, by accumu-
lation, now amounts to $757,298. Itis about to be alien-
ated from its holy purpose, or applied in a way which,
keeping the promise to the ear, breaks it to the hope.

I propose that the people shall reclaim their money, and
demand that it should be expended in the support of a
bureau of national instruction, which shall speak to us in
two annual volumes of industrial and political science. The
plan is simple, feasible, efficient. It opens no flood-gates
of expenditure, and leaves little room for contingencies.
It puts the machinery of the Smithsonian Institution under
the control of the incorruptible sages of our country. It
offers reward to useful talent, but furnishes no sinecures for
idleness. It would effect the object of Mr. Smithson, re-
deem the faith of the nation, and accomplish the wish of
philanthropy, “ by the increase and diffusion of knowledge among
men.” These two volumes would do more for human hap-
piness than “all the abundance cast into the Treasury.”
Like the mustard in the parable, they are small seeds, but
let them take root, and they would send out “‘ boughs to the
sea, and branches to the rivers,”’—“ their leaves would be
fair, and their fruit much.”

Gentlemen, is it your pleasure that this should be done?
Let, then, the plan which I have suggested go to the coun-
try with your imprimatur. Truth is mighty—who knoweth
but that it may prevail?

69

REPORT OF THE ORGANIZATION COMMITTEE OF THE
SMITHSONIAN INSTITUTION ;

With the Resolutions accompanying the same, and adopted by the
Board of Regents.

RESOLUTIONS APPOINTING A COMMITTEE ON ORGANIZATION AND RE-
GARDING THE PRINTING AND DISPOSAL OF THEIR REPORT,

The following resolutions were adopted by the Board of Regents:
On the 8th of September, 1846, it was

Resolved, That a committee of three be appointed by the Chancellor from
the members of the Board, to digest a plan to carry out the provisions of
the act to establish the Smithsonian Institution, and that they report the
same to the next meeting of the Board.

Whereupon, the Chancellor appointed Mr. Owen, Mr. Hilliard, and Mr.
Bache, said committee.

And on the 9th of September, 1846, it was further

Resolved, That Mr. Choate and Mr. Pennybacker be added to the com-
mittee appointed yesterday to digesta plan to carry out the provisions of the
act establishing the Smithsonian Institution.

On the Ist of December, 1846, the Chairman of the Committee on Organ-
ization reported; and, on the 21st of December, the report, on motion of
the chairman, was recommitted to the committee. On the 25th of January,
1847, the report as here presented, was made, and certain resolutions there-
with submitted; and the whole series of resolutions recommended by the
Committee, and herein appended to the report, were finally adopted by
the Board. They comprise the outline of an entire plan of organization, to
carry out the provisions of the act establishing the Smithsonian Institution.

And it was further

Resolved, That, of this report, in such form as it may be ultimately adopted,
five thousand copies be printed, under the direction of the Secretary; and
, that he be required to transmit a copy of the same to each of the principal
scientific and literary societies, both in this and in other countries; and also
to such individuals of scientific or literary reputation as he may judge likely
to find interest in the proceedings of the institution.

Resolved, That ten copies of the report accompanying these resolutions be
furnished each member of the Senate and House of Representatives, and
that each member be respectfully requested to transmit these to newspapers
and to individuals, in his district or elsewhere, who may be likely to take
interest in the proceedings of the institution.

Report oF COMMITTEE OF THE BOARD OF REGENTS ON PLAN OF
ORGANIZATION.

“For the increase and diffusion of knowledge among

men” were the words of Smithson’s will—words used by a
930

‘
1
q

PROPOSED APPLICATIONS OF SMITISON’S BEQUEST. 931

man accustomed to the strict nomenclature of exact science.
They inform us, that a plan of organization, to carry into
effect the intention of the testator, must embrace two ob-
jects; one, the calling forth of new knowledge by original
research; and the other, the dissemination of knowledge
already in existence.

Smithson’s words, liberal and comprehensive, exclude no
branch of human knowledge; nor is there any restrictive
clause in the charter under which we act. That charter in-
dicates a few items, chiefly relating to one of the above ob-
jects, and leaves the rest of the plan, under the general
provision of the bequest, to the discretion of the Board.

First. It sets forth, as one of the objects of the institution,
a library that shall contain valuable works in all depart-
ments of human knowledge.

Second. It requires that there be provided in the buildings
of the institution a hall or halls suitable for a museum cap-
able of containing, on a liberal scale, collections of natural
history, including geology and mineralogy, and objects of
foreign and curious research; the large collection now in
the Patent Office being transferred to the institution.

Third. It requires that there be included in said building
a chemical laboratory.

Fourth. The building is to contain, also, “the necessary
lecture rooms.”’ And,

Fifth. A gallery of art.

These items, with the exception perhaps of the laboratory,
relate to the diffusion of knowledge only. They render
necessary an annual appropriation to collect and support a
library; another to maintain a museum; and indicate an
intention, that a portion of the annual interest should be
applied to the advancement of physical science and the arts,
in part by lectures.

But, after enumerating these items, the framers of the
charter added a clause of plenary powers, authorizing the
Board, as to all funds not required for the above special pur-
poses, to make of them ‘such disposal as they shall deem
best suited for the promotion of the purpose of the testator.”

In obedience to the requirements of the charter, which
leaves little discretion in regard to the extent of accomoda-
tions to be provided, your committee recommend, that there
be included in the building a museum of liberal size, fitted
up to receive the collections destined for the institution ;
and that library room sufficient for a hundred thousand vol-
umes be provided. They further recommend, that the lec-
ture rooms required by the act shall not exceed two in

932 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

number, of which one of small size should adjoin the lab-
oratory, and another might be large enough to receive an
audience of a thousand persons.*

As important as the cabinets of natural history, by the
charter required to be included in the museum, your com-
mittee regard its ethnological portion, including all collec-
tions that may supply items in the physical history of our
species, and illustrate the manners, customs, religions, and
progressive advance of the various nations of the world: as
tor example, collections of skulls, skeletons, portraits, dresses,
implements, weapons, idols, antiquities, of the various races
of man.

In the accumulation of these collections, the institution
has at command great facilities. The collections of the ex-
ploring expedition, which already belong to its museum,
furnish an ample commencement, especially as regards
Polynesia. Through the Commissioner of Indian Affairs
and the various agencies under his control, the North
American race can be reached; and, at small expense, the
collection of Indian curiosities already begun at the Patent
Office may be rapidly extended. So, through our army and
navy officers, and our consuls in foreign nations, European
and South American collections (the latter so recently en-
riched by modern discovery) might be gradually brought
together.

In this connection your committee recommend the pas-
sage of resolutions, asking the co-operation of certain public
functionaries, and of the public generally, in furtherance of
the above objects.

Your committee are further of the opinion that, in the
museum, if the funds of the institution permit, might ju-
diciously be included various series of models illustrating
the progress of some of the most useful inventions; such,
for example, as the steam engine, from its earliest and rudest
form to its present improved state; but this they propose
only so far as it may not encroach on ground already cov-
ered by the numerous models in the Patent Office.

Specimens of staple materials, of their gradual manu-

* The plan of building adopted by the Board, out of thirteen different de-
signs submitted to them by various architects, is that of Mr. James Ren-
wick, Jr., of New York. It comprises a museum 200 feet by 50; a library
90 feet by 50; a gallery of art 125 feet long; two lecture rooms, of which
one is capable of containing an audience of 800 to 1000 persons; and the
other is connected with the laboratory, together with several smaller rooms.
The style selected is the later Norman, or rather Lombard, as it prevailed
in the twelfth century chiefly in Germany, Normandy, and in Southern
Europe, immediately preceding the introduction of the Gothic.

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 9388.

facture, and of the finished products of manufactures and
the arts, may also, your committee think, be usefully intro-
duced. This would supply opportunity to examine samples
of the best manufactured articles our country affords, and
to judge her gradual progress in arts and manufactures.

As chemistry was the favorite study of Smithson’s life,
of which a considerable portion was spent in his own labor-
atory, and as it is, without doubt, one of the most compre-
hensive and important of the natural sciences, your com-
mittee recommend that this department be fitted up in as
complete a manner as modern science can suggest. And
for the purpose of encouraging in the young men of our
country original research in the same branch of science in
which Smithson himself successfully labored, and inasmuch
as many are now compelled, in order to complete their
studies as practical chemists, to resort to Paris or Germany,
your committee further recommend that there be included
in the building a working laboratory, somewhat, perhaps,
after the model of that instituted by one of the ablest of
German chemists, the celebrated Liebig; to be opened
under proper regulations and supervision, without charge,
to those who may desire to institute experiments and pros-
ecute researches for themselves in that science.

The gallery of art, your committee think, should include
both paintings and sculpture, as well as engravings and
architectural designs; and it is desirable to have, in con-
nection with it, one or more studios, in which young artists -
might copy without interruption, being admitted under
such regulations as the board may prescribe. Your com-
mittee also think, that as the collection of paintings and
sculpture will probably accumulate slowly, the room des-
tined for a gallery of art might properly and usefully mean-
while be occupied, during the sessions of Congress, as an
exhibition room for the works of artists generally; and the
extent and general usefulness of such an exhibition might
probably be increased, if an arrangement could be effected
with the Academy of Design, the Arts-Union, the Artists’
Fund Society, and other associations of similar character,
so as to concentrate at the metropolis, for a certain portion
of each winter, the best results of talent in the fine arts.

The charter provides that the Secretary of the institution
may, with the consent of the board, employ assistants ; and
the items above enumerated touching a library, museum,
and laboratory, seem to demand, at the proper time, the
appointment of not less than three such assistants: one as li-
brarian, one as curator of the museum, and one as chemist.

934 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

After a careful review of the means of the institution, and
the annual demands upon it necessitated by the objects
specially required in the charter, your committee are not
prepared, with the present endowment only at command,
to recommend a greater extension than these named of per-
manent offices requiring scientific or literary qualifications.
And they think that the appointments of curator and
chemist may be postponed until the time, or nearly the
time, when the building is likely to be completed.

In these various recommendations, your committee have
been guided chiefly by the words and specific reeommend-
ations of the charter. They are of opinion, however, that
the task assigned them would be ill performed if they
stopped short here, and neglected to avail themselves of the
authority, liberally, and wisely your committee think, con-
ferred upon the Board, after providing for the above special
objects to such extent as they may consider necessary and
proper, to dispose of the remaining funds, annually accru-
ing, in such manner as “ they shall ‘deem best suited for the
promotion of the purpose of the testator.’

‘“‘ Increase and diffusion of knowledge,” your committee
beg leave to repeat, was that purpose.

Tlow can knowledge be increased ?

By original research throughout its various fields; yield-
ing, when successfully prosecuted, positive additions to the
sum of what had theretofore been known.

For this, there is no provision in the items specifically
enumerated in the bill and above provided for, except, it

may be, in the chemical department, where the chemist, or
others engaging in experiment and investigation, may fur-
nish actual contributions to the science of chemistry.

But how may original researches generally be encouraged
and called forth?

First, by premiums, your committee think, annually offered
for original papers on such subjects as may be selected ; it
being a strict condition, that each paper accepted and ob-
taining a premium, shall contain a specific addition to the
sum of human knowledge, resting upon original investiga-
tions, and not mere unverified hy potheses. The accepted
paper may be published in the successive numbers of trans-
actions, which may be entitled ‘‘ Smithsonian Contributions
to Knowledge.” and which your committee recommend to
be issued periodically or occasionally, as materials present
themselves. The names of the competitors for premiums
should, in all cases, remain unknown until the award is
made.

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 935

A liberal price might also be paid for other papers that
may be considered worthy of a place in the Transactions.

Again, as an additional means of promoting increase of
knowledge, special appropriations may occasionally be made
to institute definite lines of research under the direction of
competent persons; after the manner, perhaps, of the
British Association. Such appropriations, however, your
committee think, should be made with great care; for im-
portant objects only, and where there is fair promise of
speedy result; and it might be advisable, as an additional
guarantee, that in deciding the kind of research and the
amount of money to be appropriated, the board avail
itself of the suggestions of a council of scientific men.

In the prosecution of researches undertaken at the in-
stance of the Institution, and requiring the aid of valuable
apparatus, the use of that belonging to the institution,
might under proper regulations, be granted.

This stimulating and cherishing of research in unexplored
fields seems to your committee the more necessary and
proper in a country like ours, where but few have at com-
mand that easy leisure, common in older countries, and
there permitting the prosecution of researches through years,
or a lifetime, without expectation or necessity of pecuniary
return.

Your committee are aware that the researches here recom-
mended, no matter how intrinsically important, demanded
as they are, too, by the wording of the bequest which en-*
dowed our institution, will be likely, in their inception and
first publication, to interest a comparatively small circle
only. The Transactions of the Institution can be expected
to obtain but a limited circulation. Not that the discoveries
there to be presented are of little intrinsic importance, and
bear no practical fruit; the reverse is true. Some may be
immediately productive; others will include investigations,
unproductive in themselves for the time, yet the necessary
preliminaries to the actual discovery of modes and forms
that become in every day life, productive and profitable ;
for invention is but the practical application of scientific
results. But the severe investigations in physics which ulti-
mately resulted in the steam engine and the magnetic tele-
graph, inventions that are now revolutionizing the world,
attracted in their original form the attention only of the
strictly scientific. To reach the people generally, other and
further means must be employed. And this brings your
committee to speak of the testator’s second object—

The diffusion of knowledge among men.

936 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

In connection with this branch of Mr. Smithson’s pur-
pose, your committee are reminded of the wide-spread and
beneficent influence, reaching to the remotest hamlet and
the humblest hearth, exerted, not in England alone, but in
other and distant countries, by the British “ Society for the
Diffusion of Useful Knowledge,” its Scientific Tracts, and
its Penny Magazine.

This example indicates the most effectual mode of reach-
ing the popular mind of the world. Influenced by the
results of such experience, your committee recommend the
issuing, to such extent as the funds of the institution per-
mit, of publications, in brief and popular form, on subjects
of general interest. They advise, also, that courses of free
lectures be delivered during the session of Congress, in the
lecture rooms of the institution, by its officers, or by able
men in the different branches of knowledge, who should
be invited for the purpose, and paid out of the funds of the
institution. It should also, your committee think, be made
the duty of the Secretary and his assistants to exhibit, in
these lecture rooms, at stated periods, experimental illustra-
tions of new discoveries in science, and interesting and
important inventions in the arts.

And, if now or hereafter the funds of the institution per-
mit, they think it desirable that such lectures should not be
restricted to Washington, but should be given by lecturers
selected by the institution, throughout the United States.

The difficulty, in this latter recommendation, is the great
expense that must be incurred to procure the delivery of

such lectures by men of suitable ability, throughout every .

section of the Union, without preference or omission.
Though neither the bequest nor the charter restrict the
subjects that may be treated in publication and lecture, yet,
as the funds of the institution are limited, and some selec-
tion from the vast range of human subjects of inquiry must
be made, your committee recommend, that, in the first
place, the efforts of the institution be chiefly directed to the
diffusion of knowledge in the physical sciences, in the use-
ful arts, and in the theory and practice of public education.
They suggest, that the lectures and popular publications of
the institution may usefully treat, of agriculture and its
latest improvements; of the productive arts of life; of the
sciences, and the aid they bring to labor; of common-
school instruction, including the proper construction of
school rooms, the most improved apparatus for teaching,
and the most judicious management, moral and intellectual,
of children in common schools. They might also, if suit-

|

Ptr

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 937

able talent can be enlisted, treat of history, natural and
civil, including the physical history of the various races of
men, and the gradual advance of each to its present state
of civilization ; of political economy in its practical connec-
tion with the every day business of life; and, generally,
touch upon any department of useful knowledge not strictly
professional.

By such means, we may reasonably expect gradually to
stir up a love of science among those in whose minds, for
lack of an awakening word, it now lies dormant; and by
directing the attention of the people generally to the rich
sources of knowledge that everywhere exist around them
and beneath their feet, by degrees to substitute, for the
deleterious excitements sought in haunts of dissipation, the
healthful and humanizing interest to be found in scientific
research. The inestimable importance of common-school
education, and the practical means of increasing and im-
proving it, might thus also be pressed home upon those
whose children have often no other means of instruction or
improvement.

As an additional means of diffusing knowledge, your
committee suggest the publication of a series of reports, to
be published annually or oftener, containing a concise record
of progress in the different branches of knowledge, com-
piled from the journals of all languages and the transactions
of scientific and learned societies throughout the world.
The matter of these reports may be furnished by collabora-
tors eminent in their respective branches; and these should
be supplied with all the works necessary to a proper execu-
tion of their task, and paid in proportion to their respective
labors. Copies of these Smithsonian reports may be fur-
nished to the principal libraries and scientific societies of
the country free of expense, and sold to individuals at a
small price.

Your committee beg leave here to remark, that with the
limited annual income of the institution, charged as it is
with extensive collections, to maintain which will prove a
considerable yearly drain on its funds, they do not imagine
or propose that all the recommendations here set down
should be carried out, at least simultaneously. These are
put forward as objects which your committee consider
desirable and strictly within the purpose of the bequest.
Such as may seem to the board the most important may be
first attempted. Other portions of the plan may follow in
their turn. And experience will gradually sift out whatever
is most judicious and effective.

938 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

Your committee are of opinion, that it does not come
properly within the scope of our institution to impart pro-
fessional education; and therefore they recommend no
school of any of the learned professions, nor any professor-
ships of ancient languages, or others of similar character.
It is not, however, their purpose to exclude lectures of a
general character on subjects connected with any of these
protessions, but only to shut out those courses of lectures
which treat of them in professional detail. The studies
referred to are already provided for in numerous institutions
throughout the United States; and it has been the endeavor
of your committee, not only in this instance, but throughout
the entire plan here submitted, to occupy, so far as may be,
ground hitherto untenanted, and rather to step in where it
comes not within the province of other institutions, learned
or literary, to extend their efforts, than to compete with
them in fields of labor peculiarly their own.

The party politics of the day, on which men differ so
widely and so warmly, should not, your committee think,
enter among the subjects treated of in any lecture or pub-
lication put forth under the sanction of the institution.
And they would deeply regret to see party tests and party
wranglings obtrude themselves on the neutral ground of
science and education; jeoparding, as such intrusion surely
would, the tranquillity of the institution, disturbing the even
tenor of its action, perhaps assaulting its welfare, certainly
contracting the sphere of its usefulness.

Your committee think it important that the institution,
at the time it is first opened, should have already in its
library a collection of such valuable works of reference, as,
in the prosecution of its plan, may be required. In order
to attain that object, your committee recommend, that, for
the present, twenty thousand dollars be set aside for the
purchase of books and fitting up of the library.

An additional reason which has induced your committee
to recommend, out of the accrued interest, so large an
appropriation at the outset, is, that large annual appropria-
tions from the accruing interest, after the institution is
under way, are thereby rendered the less necessary.

In proposing that, in the building about to be erected,
there should be provided library room sufficient to receive
a hundred thousand volumes, your committee yielded rather
to what seemed a fair concession to the spirit of the eighth
section of our charter, than to their own deliberate convic-
tion that a library of more than half that size could, with

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 939

the present means of our institution, advantageously be
purchased.

But, without a vast accumulation of books in this metrop-
olis, your committee conceive, that the Librarian of the
Smithsonian Institution may, under a proper system, become
a centre of literary and bibliographical reference for our
entire country. Your committee recommend, that the
librarian be instructed to procure catalogues, written or
printed, of all important public libraries in the United
States, and also, in proportion as they can be obtained,
printed catalogues of the principal libraries in Europe, and:
the more important works on bibliography. With these
beside him, he may be consulted by the scholar, the student,
the author, the historian, from every section of the Union,
and will be prepared to inform them whether any works
they may desire to examine are to be found in the United
States, and, if so, in what-library; or, if in Europe only,
in what country of Europe they must be sought.

Informed by these catalogues, it will be easy, and your
committee think desirable, for those who may be charged
with the selection of books, to make the Smithsonian
Library chiefly a supplemental one; to purchase, for the
most part, valuable works, which are not to be found else-
where in the Union; thus carrying out the principle to
which your committee has already alluded as influencing
all their recommendations, that it is expedient, as far as
may be, to occupy untenanted ground.

Exceptions to this rule must here, of course, be made; as
in the case of standard works of reference required for the
immediate purposes of the institution, and also of the very
numerous works, many of current science, which, by a
proper system of exchanges, we may procure without pur-
chase. In this latter connection, the Transactions and
Reports of the institution will obtain for us valuable re-
turns.

In following out this mode of collecting a library for the
institution, whenever a particular class of works of impor-
tance is found to be specially deficient in the libraries of
our country, the vacancy may be filled. The Librarian
might also procure, by entering into correspondence with
the librarians of other countries, any special extracts or
items of information required by students.

Your committee consider it inexpedient to commence the
regular purchase of books, until about a year before the
time when the building is prepared to receive them. Mean-
while, lists and catalogues should be procured.

940 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

For the procurement of chemical and philosophical appa-
ratus, models, &c., your committee recommend, for the
present, an appropriation of four thousand dollars. If the
funds permit, four thousand dollars more, your committee
think, might profitably be appropriated for this object
before the opening of the institution.

Before concluding their report, your committee desire to
add a few words touching the duty and qualifications of one
of the officers of the institution.

Inasmuch as the Chancellor of the Smithsonian Institu-
tion, being a regent, can receive no salary for his services,
it results, almost necessarily, that the Secretary should
become its chief executive officer. The charter seems to
have intended that he should occupy a very responsible po-
sition; granting, as it does, to the Secretary, in conjunction
with the Chancellor, the power to determine the necessity,
and the amount, of appropriations made for the purposes of
the institution.

The office of Secretary must, in the opinion of your com-
mittee, be regarded, not as one to be filled by any man
capable to act as recording clerk, or to receive, with polite-
ness, the visitors of the institution, or to reply, with me-
chanical propriety, to its correspondents; but as an oflice
on the due administration of which the executive efliciency
of our institution at home and its reputation abroad, mainly
depend; an office, then, demanding, in its incumbent,
weight of character and a high grade of talent.

To secure such stamp of talent as your committee con-
sider essential in a Secretary of the Smithsonian Institution,
it may be necessary to attach to the office a considerable
salary. The best talent, in any country, ever commands a
high remuneration; and though money cannot always com-
mand talent, it is,as a general rule, one of the elements
necessary to obtain it. Inadequate character and qualifica-
tions are not worth purchasing, at any rate, no matter how
low. The money spent to procure them is utterly cast
away.

Your committee think it would be an advantage if a
competent Secretary could be found, combining also the
qualifications of a professor of the highest standing in some
branch of science. If to these be added efficiency as an
executive officer and a knowledge of the world, we may
hope to see filling this distinguished post a man, who, when
brought into communication with distinguished men and
societies in this and other countries, shall be capable, as
representative of the Smithsonian Institution, to reflect

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 941

honor on the office, not requiring to borrow distinction
from it.

Your committee will not withhold their opinion, that
upon the choice of this single officer, more probably than
on any one other act of the board, will depend the future
good name and success and usefulness of the Smithsonian
Institution.

A similar view, your committee believe, has been taken
of this matter by the principal scientific societies through-
out the world. Newton disdained not to answer, at much
length, the friendly and able criticisms on some of his the-
ories addressed to him by Oldenburg, first Secretary of the
London Royal Society; and the name of Arago, Secretary
of the Academy of Sciences, of Paris, is known and hon-
ored wherever science extends her sway.

All which is respectfully submitted,

Rozsert Date Owen,
Chairman.

The following resolutions, appended to the report of the
committee and recommended for adoption, were, after de-
bate, passed by the board :

Resolved, That it is expedient, and demanded by the will of the testator,
that, in our plan of organization, the increase of knowledge by original
research should form an essential feature; that, in furtherance of this
object, premiums be offered at such times and to such amounts as the board
muy hereafter decide, for original papers, containing positive additions to
the sum of human knowledge; and that these, together with other suitable
papers, be published in Transactions of the institution, to be entitled
‘“« Smithsonian Contributions to Knowledge,”’ and to be issued periodically
or occasionally, in quarto form, as materials may be obtained.

Resolved, That it is within the strict purpose of the trust, and may mate-
rially advance its legitimate objects, occasionally to make specific appropria-
tions for definite lines of research, the results to be published as above.

Resolved, That, with a view to the diffusion of knowledge, there may
properly be included in the plan of organization the issuing of publications,
in brief and popular form, on subjects of general interest.

Resolved, Vhat, with a similar object, there may also properly be included
in the plan of organization the issuing of periodical reports, containing
records of the progress of knowledge in its different branches.

Resolved, That there may also properly be included in the plan free lec-
tures, to be delivered by competent persons, on useful subjects ; and that it
may advantageously be made a part of the duty of the Secretary and his
assistants, to give, in the lecture rooms of the institution, at stated periods,
illustrations of discoveries in science, and important inventions in the arts.

Besides the above resolutions, originally reported by the
Committee on Organization, the following additional resolu-
tions, submitted by a member of the Committee on Organi-
zation, as @ compromise between two great conflicting
opinions, were adopted by the committee, and passed by
the board :

942 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

Resolved, That it is the intention of the act of Congress establishing the
institution, and in accordance with the design of Mr. Smithson, as expressed
in his will, that one of the principal modes of executing the act and the
trust, is the accumulation of collections of specimens and objects of natural
history and of clegant art, and the gradual formation of a library of valua-
ble works pertaining to all departments of human knowledge, to the end
that a copious storehouse of materials of science, literature, and art, may
be provided, which shali excite and diffuse the love of learning among men,
and shall assist the original investigations and efforts of those who may de-
vote themselves to the pursuit of any branch of knowledge.

Resolved, That, for the purpose of carrying into effect the two principal
modes of executing the act and trust pointed out in the resolutions herewith
submitted, the permanent appropriations out of the accruing interest shall,
so soon as the buildings are completed, be annually as follows, that is to say :

First. For the formation of a library composed of valuable works per-
taining to all departments of useful knowledge, and for the procuring,
arranging, and preserving of the various collections of the institution, as
well of natural history and objects of foreign and curious research and of
elegant art, as others, including salaries and all other general expenses con-
nected with the same, excepting those of the first complete arrangement of
all such collections and objects as now belong to the United States, in the
museum of the institution, when completed, together with one-half of the
salary of the Secretary, the sum of fifteen thousand dollars.

Secondly. For the preparation and publication of transactions, reports,
and all other publications of the institution, including appropriations for
original researches, and premiums for original papers; for the delivery of
all lectures and payment of all lecturers; and for all general expenses con-
nected with said lectures and publications, together with one-half of the sal-
ary of the Secretary, the remainder of the annually accruing interest :* it
being understood that all general und incidental expenses not specially con-
nected with either of the above two great divisions of the plan of the insti-
tution, shall be equally divided between them.

Resolved, That it is the opinion and intention of the board, that in the ap-
propriation for the objects of the institution of any surplus of accrued
interest which may remain after the completion of the buildings of the in-
stitution, an equal division shall be made between the two great branches;
that is to say, one-half shall be appropriated to the library and museum
fund, and the other half to the fund for original research, publications, and
lectures; and that, in regard to all other funds hereafter to accrue to the
institution, the same division be made.

In accordance with the above plan of organization, and
tending to carry out its details, the following resolutions,
submitted by the committee, were adopted by the board:

Resolved, That, for the present, out of the interest accruing to the institu-
tion, the sum of twenty thousand dollars be, and the same is hereby, appro-
priated, for the purchase of books and the gradual fitting up of a library,
and all other incidental expenses relating to the library except the salaries
of the librarian or librarians; the said appropriation to commence from the
first of January, eighteen hundred and forty-eight.

Resolved, That the portion of the building to be for the present set apart
for a library be of suflicient capacity to contain not less than one hundred
thousand volumes; and that it is desirable that the plan should be such as
to render an extension practicable, if hereafter desired.

Resolved, That, for the present, the sum of four thousand dollars, out of
the interest accruing to the institution, be appropriated, for the purchase of

*The annual amount appropriated by this clause is fifteen thousand nine hundred and
ten dollars.

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 943

philosophical and ehemical apparatus, models, &c. ; the said appropriation to
commence on the first day of January next.

Resolved, That the Secretaries of State, of the Treasury, of War, and of
the Navy of the United States, be respectfully invited to furnish to con-
suls and other public officers, in this and foreign countries, under their res-
pective departments, such suggestions as they may deem proper, in regard
to the procurement, as opportunity offers, of additions to the museum of the
institution, especially to its ethnological department; that three hundred
copies of this report, when printed, be placed at the disposal of each of the
above-named Secretaries, as an explanation to these public functionaries of
the views of the institution in regard to a museum; and that five hundred
dollars be, and the same is hereby, appropriated, out of the accruing interest,
to pay transportation, or other expenses connected with the transmission
from foreign parts to Washington, of any collections thus made. And to
such contributions, when placed in the museum, the name of the officer
obtaining and forwarding the same shall, in all cases, be appended.

Resolved, That the Secretary of War be respectfully invited to furnish to
the Commissioner of Indian Affairs such suggestions as he may deem proper
regarding the procurement, from the Indian country, of collections for the
museum of the Smithsonian Institution, illustrating the natural history of
the country, and, more especially, the physical history, manners, and
customs of the various tribes of aborigines on the North American Conti-
nent; that one hundred copies of this report, when printed, be placed at
his disposal, as a means of informing the various Indian Agents of the
special character of the collections desired; and that the sums of five
hundred dollars be, and the same is hereby, annually appropriated, out of
the accruing interest of the Smithsonian Institution, for the procurement
and transportation of such Indian collections; and, when placed in the
museum, there shall be appended to each the name of the agent through
whom the same may be procured.

Resolved, That the public generally be invited to furnish contributions to
the museum of the Smithsonian Institution, and that all such contributions,
when considered worthy of a place, shall be labelled with the name and
residence of the donor.

And, previous to the election of a Secretary, the following
resolution, submitted by the committee, was adopted by the
board :

Resolved, Thatit is essential for the advancement of the proper interests
of the trust, that the Secretary of the Smithsonian Institution be a man
possessing weight of character and a high grade of talent; and that it is
further desirable that he possess eminent scientific and general acquire-
ments: that he be a man capable of advancing science and promoting letters
by original research and effort, well qualified to act as a respected channel
of communication between the institution and scientific and literary indi-
viduals and societies in this and foreign countries; and, in a word, a man
worthy to represent, before the world of science and of letters, the institution
aver which this board presides.

PROGRAMME OF ORGANIZATION OF THE SMITHSO-
NIAN INSTITUTION.

[Presented to the Board of Regents, December 8, 1847.]

By Proressor JOSEPH HENRY.

INTRODUCTION.

General considerations which should serve as a guide in adopting a plan of
organization.

1. Witt or SmiTuson. The property is bequeathed to the United States
of America, ‘‘to found at Washington, under the name of the Smithsonian
Institution, an establishment for the increase and diffusion of knowledge
among men.’’

2. The bequest is for the benefit of mankind. The government of the
United States is merely a trustee to carry out the design of the testator.

3. The institution is not a national establishment, as is frequently sup-
poe but the establishment of an individual, and is to bear and perpetuate

is name.

4. The objects of the institution are—JIst, to increase, and 2d, to diffuse
knowledge among men.

5. These two objects should not be confounded with one another. The
first is to increase the existing stock of knowledge by the addition of new
truths; and the second to disseminate knowledge, thus increased, among
men.

6. The will makes no restriction in favor of any particular kind of
knowledge; hence all branches are entitled to a share of attention.

7. Knowledge can be increased by different methods of facilitating and
promoting the discovery of new truths, and can be most efficiently diffused
among men by means of the press.

8. To effect the greatest amount of good, the organization should be such
as to enable the institution to produce results in the way of increasing and
diffusing knowledge, which cannot be produced by the existing institutions
in our country.

9. The organization should also be such as can be adopted provisionally,
can be easily reduced to practice, receive modifications, or be abandoned, in
whole or in part, without a sacrifice of the funds.

10. In order to make up for the loss of time occasioned by the delay of
eight years in establishing the institution, a considerable portion of the in-
terest which has accrued should be added to the principal.

11. In proportion to the wide fields of knowledge to be cultivated, the
funds are small. Economy should therefore be consulted in the construc-
tion of the building; and not only should the first cost of the edifice be
considered, but also the continual expense of keeping it in repair, and of the
support of the establishment necessarily connected with it. There should
also be but few individuals permanently supported by the institution.

12. The plan and dimensions of the building should be determined by the
plan of organization, and not the converse.

18. It should be recollected that mankind in general are to be benefited
by the bequest, and that, therefore, all unnecessary expenditure on local
objects would be a perversion of the trust.

14. Besides the foregoing considerations, deduced immediately from the
will of Smithson, regard must be had to certain requirements of the act of

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 945

Congress establishing the institution. These area library,a museum, and a
gallery of art, with a building on a liberal scale to contain them.

SECTION I.

Plan of organization of the institution, in accordance with the foregoing
deductions from the will of Smithson.

To IncrEASE Knowepae. It is proposed—

1. To stimulate men of talent to make original researches, by offering
suitable rewards for memoirs containing new truths; and,

2. To appropriate annually a portion of the income for particular re-
searches, under the direction of suitable persons.

To Dirrusre KNOWLEDGE. It is proposed—

1. To publish a series of periodical reports on the progress of the different
branches of knowledge; and,

2. To publish occasionally separate treatises on subjects of general in-
terest.

DETAILS OF THE PLAN TO INCREASE KNOWLEDGE.

I. By stimulating researches.

1. Rewards, consisting of money, medals, &c., offered for original me-
moirs on all branches of knowledge.

2. The memoirs thus obtained to be published in a series of volumes, in
a quarto form, and entitled ‘‘Smithsonian Contributions to Knowledge.”

3. No memoir, on subjects of physical science, to be accepted for publica-
tion, which does not furnish a positive addition to human knowledge resting
on original research; and all unverified speculations to be rejected.

4. Kach memoir presented to the institution to be submitted for examina-
tion to a commission of persons of reputation for learning in the branch to
which the memoir pertains, and to be accepted for publication only in case
the report of this commission is favorable.

5. The commission to be chosen by the officers of the institution, and the
name of the author, as far as practicable, concealed, unless a favorable deci-
sion be made.

6. The volumes of the memoirs to be exchanged for the Transactions of
literary and scientific societies, and copies to be given to all the colleges and
Dee era in this country. One part of the remaining copies may

e offered for sale; and the other carefully preserved, to form complete sets
of the volumes, to supply the demand from new institutions.

7. An abstract, or popular account, of the contents of these memoirs to
be given to the public through the annual report of the Regents to Congress.

II. By appropriating a portion of the income, annually, to special objects
of research, under the direction of suitable persons.

1. The objects, and the amount appropriated, to be recommended by
counsellors of the institution.

2. Appropriations in different years to different objects; so that in course
of time, each branch of knowledge may receive a share.

8. The results obtained from these appropriations to be published, with the
memoirs before mentioned, in the volumes of the Smithsonian Contributions
to Knowledge.

4. Examples of objects for which appropriations may be made.

(1.) System of extended meteorological observations, for solving the
problem of American storms.

(2.) Explorations in descriptive natural history, and geological, mag-
netical and topographical surveys, to collect materials for the formation of
a Physical Atlas of the United States.

(8.) Solution of experimental problems, such as a new determination of

946 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

the weight of the earth, of the velocity of electricity and of light; chemical
analyses of soils and plants ; collection and publication of articles of science,
accumulated in the offices of government.

(4.) Institution of statistical inquiries with reference to physical, moral,
and political subjects.

(5.) Historical researches, and accurate surveys of places celebrated in
American history.

(6.) Ethnological researches, particularly with reference to the different
races of men in North America; also explorations and accurate surveys of
the mounds and other remains of the ancient people of our country.

DETAILS OF THE PLAN FOR DIFFUSING KNOWLEDGE.

I. By the publication of a series of reports, giving an account of the new
discoveries in science, and of the changes made from year to year in all
branches of knowledge not strictly professional.

1. These reports will diffuse a kind of knowledge generally interesting,
but which, at present, is inaccessible to the public. Some of the reports
may be published annually, others at longer intervals, as the income of the
institution, or the changes in the branches of knowledge, may indicate.

2. The reports are to be prepared by collaborators, eminent in the dif-
ferent branches of knowledge.

8. Each collaborator to be furnished with the journals and publications,
domestic and foreign, necessary to the compilation of his report; to be
paid a certain sum for his labors, and to be named on the title-page of the
report.

4. The reports to be published in separate parts, so that persons interested
in a particular branch can procure the parts relating to it, without pur-
chasing the whole.

5. These reports may be presented to Congress, for partial distribution ;
the remaining copies to be given to literary and scientific institutions, and
sold to individuals for a moderate price.

The following are some of the subjects which may be embraced in the
reports.

I. PHYSICAL CLASS.

1. Physics, including astronomy, natural philosophy, chemistry, and
meteorology.

2. Natural history, including botany, zoology, geology, &c.

3. Agriculture.

4. Application of science to arts.

II. MORAL AND POLITICAL CLASS.

5. Ethnology, including particular history, comparative philology, an-
tiquities, &e.

6. Statistics and political economy.

7. Mental and moral philosophy.

8. A survey of the political events of the world; penal reform, &ec.

III. LITERATURE AND THE FINE ARTS.

9. Modern literature.
10. The fine arts, and their application to the useful arts.
11. Bibliography. _
12. Obituary notices of distinguished individuals.

Il. By the Publication of separate treatises on subjects of general interest.

1. These treatises may occasionally consist of valuable memoirs, trans-
lated from foreign languages, or of articles prepared under the direction of

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 947

the institution, or procured by offering premiums for the best exposition of
a given subject.

2. The treatises should in all cases be submitted to a commission of com-
petent judges previous to their publication.

3. As examples of these treatises, expositions may be obtained of the
present state of the several branches of knowledge mentioned in the table
of reports. Also of the following subjects, suggested by the Committee on
Organization, viz: the statistics of labor, the productive arts of life, public
instruction, &e.

Section II.

Plan of organization, in accordance with the terms of the resolutions of the
Board of Regents, providing for the two modes of increasing and diffusing
knowledge.

1. The act of Congress establishing the institution contemplated the for-
mation of a library anda museum; and the Board of Regents, including
these objects in the plan of organization, resolved to divide the income into
two equal parts.

2. One part to be appropriated to increase and diffuse knowledge by
means of publications and researches, agreeably to the scheme before given.
The other part to be appropriated to the formation of a library and a collec-
tion of objects of nature and of art.

3. These two plans are not incompatible with one another.

4. To carry out the plan before described, a library will be required, con-
sisting, Ist, of a complete collection of the transactions and proceedings of
all the learned societies in the world; 2d, of the more important current
periodical publications, and other works necessary in preparing the periodi-
cal reports.

5. The institution should make special collections, particularly of objects
to verify its own publications.

6. Also a collection of instruments of research in all branches of experi-
mental science.

7. With reference to the collection of books, other than those mentioned
above, catalogues of all the different libraries in the United States should be
procured, in order that the valuable books first purchased may be such as
are not to be found in the United States.

8. Also catalogues of memoirs, and of books in foreign libraries, and
other materials, should be collected for rendering the institution a centre of
bibliographical knowledge, whence the student may be directed to any work
which he may require.

9. It is believed that the collections in natural history will increase by
donation as rapidly as the income of the institution can make provision for
their reception, and therefore it will seldom be necessary to purchase any
articles of this kind.

10. Attempts should be made to procure for the gallery of art casts of the
most celebrated articles of ancient and modern sculpture.

11. The arts may be encouraged by providing a room, free of expense,
for the exhibition of the objects of the Art-Union and other similar societies.

12. A small appropriation should annually be made for models of anti-
quities, such as those of the remains of ancient temples, &c.

13. For the present, or until the building is fully completed, besides the
Secretary, no permanent assistant will be required, except one, to act as
librarian.

14. The duty of the Secretary will be the general superintendence, with
the advice of the Chancellor and other members of the establishment, of the
literary and scientific operations of the institution; to give to the Regents
annually an account of all of the transactions; of the memoirs which have
been received for publication; of the researches which haye been made;
and to edit, with the assistance of the librarian, the publications of the

institution.

. 948 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

15. The duty of the Assistant Secretary, acting as librarian, will be, for
the present, to assist in taking charge of the collections, to select and pur-
chase, under the direction of the Secretary and a committee of the board,
books and catalogues, and to procure the information before mentioned ; to
give information on plans of libraries, and to assist the Secretary in editing
the publications of the institution and in the other duties of his office.

16. The Secretary and his assistants, during the session of Congress, will
be required to illustrate new discoveries in science, and to exhibit new
objects of art; also distinguished individuals should be invited to give lec-
tures on subjects of general interest.

17. When the building is completed, and when, in accordance with the
act of Congress, the charge of the National Museum is given to the Smith-
sonian Institution, other assistants will be required.

Explanation and illustration of the programme.

In accordance with my instructions, I consulted with men
of eminence, in the different branches of literature and
science, relative to the details of the plan of organization,
and arranged the various suggestions offered, in the form of
the accompanying programme. This, after having been
submitted to a number of persons in whose knowledge and
judgment I have confidence, is now presented to the board,
with the concurrence of the Committee on Organization,
for consideration and provisional adoption. I regret that
my engagements have been such as to render it impossible
for me to call upon many persons whose counsel would have
been valuable, but I hope hereafter to avail myself of their
advice in behalf of the institution. I also regret that f
could not give the names of those whose suggestions have
been adopted in the programme; the impossibility of ren-
dering justice to all, has prevented my attempting this.
Many of the suggestions have been offered by different per-
sons, independently of each other; and, indeed, the general
plan of the increase and diffusion of knowledge as adopted
by the board, is such as would naturally arise in the mind
of any person conversant with the history of physical
science, and with the means usually employed for its exten-
sion and diffusion.

The introduction to the programme contains a series of
propositions, suggested by a critical examination of the
will of Smithson, to serve as a guide in judging of the fit-
ness of any proposed plan for carrying out the design of
the testator. The first section of the programme gives the
details of the plan proposed for the increase and diffusion
of knowledge by means of publication and original re-
searches. The second section furnishes the details, so far
as they can be made out at the present time, of the forma-

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 949

tion of a library, and a collection of objects of nature and
art. These two plans combined, embrace the general prop-
ositions adopted by the Board of Regents at their last meet-
ing, as the basis of future operations. It is intended in the
proposed plan to harmonize the two modes of increasing
and diffusing knowledge, and to give to the institution the
widest influence compatible with its limited income. That
all the propositions will meet with general approval cannot
be expected; and that this organization is the best that
could be devised is neither asserted nor believed. To pro-
duce a priori a plan of organization which shall be found
to succeed perfectly in practice, and require no amendment,
would be difficult under the most favorable circumstances,
and becomes almost impossible where conflicting opinions
are to be harmonized, and the definite requirements of the
act establishing the institution are to be observed. It is
not intended that the details of the organization, as given
in the programme, should be permanently adopted without
careful trial; they are rather presented as suggestions to be
adopted provisionally, and to be carried into operation
gradually and cautiously, with such changes, from time to
time, as experience may dictate.

Though the leading propositions of the programme have
been fully discussed by the board, yet it will be important
to offer some remarks in explanation and illustration of
them in their present connection.

That the institution is not a national establishment, in
the sense in which institutions dependent on the Govern-
ment for support are so, must be evident when it is recol-
lected that the money was not absolutely given to the
United States, but intrusted to it for a special object,
namely: the establishment of an institution for the benefit
of men, to bear the name of the donor, and, consequently,
to reflect upon his memory the honor of all the good which
may be accomplished by means of the bequest. The oper-
ations of the Smithsonian Institution ought, therefore, to be
mingled as little as possible with those of the Government,
and its funds should be applied exclusively and faithfully to
the increase and diffusion of knowledge among men.

That the bequest is intended for the benefit of men in
general, and that its influence ought not to be restricted to
a single district, or even nation, may be inferred not only
from the words of the will, but also from the character of
Smithson himself; and I beg leave to quote, from a scrap
of paper in his own hand, the following sentiment bearing
on this point: “The man of science has no country; the

950 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

world is his country—all men, his countrymen.” The
origin of the funds, the bequest of a foreigner, should also
preclude the adoption of a plan which does not, in the words
of Mr. Adams, “spread the benefits to be derived from the
institution not only over the whole surface of this Union,
but throughout the civilized world.” ‘ Mr. Smithson’s rea-
son for fixing the seat of this institution at Washington
obviously was, that there is the seat of government of the
United States, and there the Congress by whose legislation,
and the Executive through whose agency, the trust commit-
ted to the honor, intelligence, and good faith of the nation,
is to be fulfilled.” The centre of operations being perma-
nently fixed at Washington, the character of this city for
literature and science will be the more highly exalted in pro-
portion as the influence of the institution is more widely
diffused.

That the terms increase and diffusion of knowledge are
logically distinct, and should be literally interpreted with
reference to the will, must be evident when we reflect that
they are used in a definite sense, and not as mere synonyms,
by all who are engaged in the pursuits to which Smithson
devoted his life., In England there are two classes of insti-
tutions, founded on the two ideas conveyed by these terms.
The Royal Society, the Astronomical, the Geological, the
Statistical, the Antiquarian Societies, all have for their object
the increase of knowledge ; while the London Institution,
the Mechanics’ Institution, the Surrey Institution, the Soci-
ety for the Diffusion of Religious Knowledge, the Society
for the Diffusion of Useful Knowledge, are all intended to
diffuse and disseminate knowledge among men. In our
own country, also, the same distinction is observed in the
use of the terms by men of science. Our colleges, acade-
mies, and common schools, are recognized as institutions
partially intended for the diffusion of knowledge, while the
express object of some of our scientific societies is the pro-
motion of the discovery of new truths.

The will makes no restriction in favor of any particular
kind of knowledge; though propositions have been fre-
quently made for devoting the funds exclusively to the pro-
motion of certain branches of science having more imme-
diate application to the practical arts of life, and the adoption
of these propositions has been urged on the ground of the
conformity of such objects to the pursuits of Smithson; but
an examination of his writings will show that he excluded
from his own studies no branch of general knowledge, and
that he was fully impressed with the important philoso-

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 951

phical fact that all subjects of human thought relate to one
great system of truth. To restrict, therefore, the operations
of the institution to a single science or art, would do injustice
to the character of the donor, as well as to the cause of gen-
eral knowledge. IPfpreference is to be given to any branches
of research, it should be to the higher and apparently more
abstract; to the discovery of new principles rather than of
isolated facts. And this is true even in a practical point of
view. Agriculture would have forever remained an empir-
ical art, had it not been for the light shed upon it by the
atomic theory of chemistry; and incomparably more is to
be expected as to its future advancement from the perfec-
tion of the microscope than from improvements in the
ordinary instruments of husbandry.

The plan of increasing and diffusing knowledge, pre-
sented in the first section of the programme, will be found
in strict accordance with the several propositions deduced
from the will of Smithson, and given in the introduction.
It embraces, as a leading feature, the design of interesting
the greatest number of individuals in the operations of the
institution, and of spreading its influence as widely as pos-
sible. It forms an active organization, exciting all to make
original researches who are gifted with the necessary power,
and diffusing a kind of knowledge, now only accessible to
the few, among all those who are willing to receive it. In
this country, though many excel in the application of
science to the practical arts of life, few devote themselves
to the continued labor and patient thought necessary to the
discovery and development of new truths. The principal
cause of this want of attention to original research, is the
want, not of proper means, but of proper encouragement.
The publication of original memoirs and periodical reports,
as contemplated by the programme, will act as a powerful
stimulus on the latent talent of our country, by placing in
bold relief the real laborers in the field of original research,
while it will afford the best materials for the use of those
engaged in the diffusion of knowledge.

The advantages which will accrue from the plan of pub-
lishing the volumes of the Smithsonian Contributions to
Knowledge, are various. In the first place, it will serve to
render the name of the founder favorably known wher-
ever literature and science are cultivated, and to keep it
in continual remembrance with each succeeding volume,
as long as knowledge is valued. <A single new truth,
first given to the world through these volumes, will for-
ever stamp their character as a work of reference. The

952 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

contributions will thus form the most befitting monument
to perpetuate the name of one whose life was devoted to
tho increase of knowledge, and whose ruling passion, strong
in death, prompted the noble bequest intended to facilitate
the labors of others in the same pursuit.

Again, the publication of a series of volumes of original
memoirs will afford to the institution the most ready means
of entering into friendly relations and correspondence with
all the learned societies in the world, and of enriching its
library with their current transactions and proceedings. But
perhaps the most important effect of the plan will be that
of giving to the world many valuable memoirs, which, on
account of the expense of the illustrations, could not be
otherwise published. Every one who adds new and im-
portant truths to the existing stock of knowledge must be,
of necessity, to a certain degree, in advance of his age.
Hence the number of readers and purchasers of a work is
generally in the inverse ratio of its intrinsic value; and
consequently, authors of the highest rank of merit are fre-
quently deterred from giving their productions to the world
on account of the pecuniary loss to which the publication
would subject them. When our lamented countryman,
Bowditch, contemplated publishing his Commentary on La
Place, he assembled his family and informed them that the
execution of this design would sacrifice one-third of his
fortune, and that it was proper his heirs should be con-
sulted on a subject which so nearly concerned them. The
answer was worthy the children of such a father: “ We
value,” said they, ‘‘ your reputation more than your money.”
Fortunately, in this instance, the means of making such a
sacrifice existed; otherwise one of the proudest monuments
of American science could not have been given to the
world. In the majority of cases, however, those who are
most capable of extending human knowledge are least able
to incur the expense of the publication. Wilson, the Amer-
ican ornithologist, states, in a letter to Michaux, that he has
sacrificed everything to publish his work: “Tf have issued,”
he says, ‘‘six volumes, and am engaged on the seventh, but
as yet I have not received a single cent of the proceeds.”
In an address on the subject of natural history, by one of
our most active cultivators of this branch of knowledge, we
find the following remarks, which are directly in point:
‘““Kew are acquainted with the fact that from the small
number of scientific works sold, and the great expense of
plates, our naturalists not only are not paid for their labors,
but suffer pecuniary loss from their publications. Several

2

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 953

works on different branches of zoology now in the course
of publication, will leave their anthors losers by an aggre-
gate of $15,000. I do not include in this estimate works
already finished—one, for instance, the best contribution to
the natural history of man extant, the publication of which
will occasion its accomplished author a loss of several thou-
sand dollars. A naturalist is extremely fortunate if he can
dispose of two hundred copies of an illustrated work, and
the number of copies printed rarely exceeds two hundred
and fifty.” It may be said that these authors have their
reward in the reputation which they thus purchase; but
reputation should be the result of the talents and labor ex-
pended in the production of a work, and should not in the
least depend upon the fact that the author is able to make a
pecuniary sacrifice in giving the account of his discoveries
to the public.

Besides the advantage to the author of having his memoir
published in the Smithsonian Contributions free of expense,
his labors will be given to the world with the stamp of
approval of a commission of learned men, and his merits
will be generally made known through the reports of the
institution. Though the premiums offered may be small,
yet they will have considerable effect in producing original
articles. Fifty or a hundred dollars awarded to the author
of an original paper, will, in many instances, suffice to
supply the books, or to pay for the materials, or the manual
labor required in prosecuting the research.

There is one proposition of the programme which has
given rise to much discussion, and which, therefore, requires
particular explanation. I allude to that which excludes
trom the contributions all papers consisting merely of un-
verified speculations on subjects of physical science. The
object of this proposition is to obviate the endless difficul-
culties which would occur in rejecting papers of an un-
philosophical character; and though it may in some cases
exclude an interesting communication, yet the strict obsery-
ance of it will be found of so much practical importance
that it cannot be dispensed with. It has been supposed,
from the adoption of this proposition, that we are disposed
to undervalue abstract speculations; on the contrary, we
know that all the advances in true science—namely, a
knowledge of the laws of phenomena—are made by pro-
visionally adopting well-conditioned hypotheses, the product
of the imagination, and subsequently verifying them by an
appeal to experiment and observation. Every new hypo-
thesis of scientific value must not only furnish an exact

954 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

explanation of known facts, but must also enable us to
predict, in kind and quantity, the phenomena which will
be exhibited under any given combination of circumstances.
Thus, in the case of the undulatory hypothesis of light, it
was inferred, as a logical consequence, that if the supposi-
tion were true that light consisted of waves of an ethereal
medium, then two rays of light, like two waves of water
under certain conditions, should annihilate each other, and
darkness be produced. The experiment was tried, and the
anticipated result was obtained. It is this exact agreement
of the deduction with the actual result of experience that
constitutes the verification of an hypothesis, and which
alone entitles it to the name of a theory, and to a place in
the transactions of a scientific institution. It must be recol-
lected that it is much easier to speculate than to investigate,
and that very few of all the hypotheses imagined are capable
of standing the test of scientific verification.

For the practical working of the plan for obtaining the
character of a memoir, and the precaution taken before it
is accepted for publication, I would refer to the correspond-
ence, given in a subsequent part of this report, relative to
the memoir now in process of publication by the institution.
As it is not our intention to interfere with the proceedings
of other institutions, but to co-operate with them, so far as
our respective operations are compatible, communications
may be referred to learned societies for inspection, as in the
case of the above-mentioned memoir, and abstracts of them
given to the world through the bulletins of these societies,
while the details of the memoirs and their expensive illus-
trations are published in the volumes of the Smithsonian
Contributions. The officers of several learned societies in
this country have expressed a willingness to co-operate in
this way.

Since original research is the most direct way of increas-
ing knowledge, it can scarcely be doubted that a part of the
income of the bequest should be appropriated to this pur-
pose, provided suitable persons can be found, and their
labors be directed to proper objects. The number, how-
ever, of those who are capable of discovering scientific prin-
ciple is comparatively small; like the poet, they are “ born,
not made,” and, like him, must be left to choose their own
subject, and wait the fitting time of inspiration. In case a
person of this class has fallen on a vein of discovery, and is
pursuing it with success, the better plan will be to grant
him asmall sum of money to carry on his investigations,
provided they are considered worthy of assistance by com-

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 955

petent judges. This will have the double effect of encour-
aging him in the pursuit, and of facilitating his progress.
The institution, however, need not depend upon cases of
this kind, even if they were more numerous than they are,
for the application of its funds in the line of original re-
search. There are large fields of observation and experi-
ment, the cultivation of which, though it may afford no
prospect of the discovery of a principle, can hardly fail to
produce results of importance both in a practical and a
theoretic point of view. As an illustration of this remark,
I may mention the case of the investigations made a few
years ago by committees of the Franklin Institute of Phila-
delphia. The Secretary of the Treasury of the United States
placed at the disposal of this society a sum of money for
the purpose of making experiments with reference to the
cause of the explosion of steam boilers. A committee of
the society was chosen for this purpose, which adopted the
ingenious plan of writing to all persons in the United
States engaged in the application of steam, and particularly
to those who had observed the explosion of a steam-boiler,
In this way opinions and suggestions in great variety as to
the cause of explosions were obtained. ‘The most plausible
of these were submitted to the test of experiment: the re-
sults obtained were highly important, and are to be found
favorably mentioned in every systematic work on the sub-
ject of steam which has appeared in any language within
the last few years. New and important facts were estab-
lished; and, what was almost of as much consequence,
errors which had usurped the place of truth were dethroned.

In the programme examples are given of a few subjects of
original research to which the attention of the institution
may be turned. I will mention one in this place, which, in
connection with the contents of our first memoir, may de-
serve immediate attention. I allude to a small appropria-
tion made annually for researches with reference to the
remains of the ancient inhabitants of our country. This is
a highly interesting field, and what is done in regard to it
should be done quickly. Every year the progress of civiliza-
tion is obliterating the ancient mounds, cities and villages
are rising on the spots they have so long occupied undis-
turbed, and the distinctive marks of these remains are every
year becoming less and less legible.

In carrying out the spirit of the plan adopted, namely,
that of affecting men in general by the operations of the
institution, it is evident that the principal means of diffusing
knowledge must be the press. Though lectures should be

956 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

given in the city in which Smithson has seen fit to direct
the establishment of his institution, yet, as a plan of general
diffusion of knowledge, the system of lectures would be en-
tirely inadequate; every village in our extended country
would have a right to demand a share of the benefit, and
the income of the institution would be insufficient to sup-
ply a thousandth part of the demand. It is also evident
that the knowledge diffused should, if possible, not only
embrace all branches of general interest, so that each reader
might find a subject suited to his taste, but also that it
should differ in kind and quality from that which can be
readily obtained through the cheap publications of the day.
These requisites will be fully complied with in the publica-
tions of the series of reports proposed in the programme.
A series of periodicals of this kind, posting up all the dis-
coveries in science from time to time, and giving a well
digested account of all the important changes in the differ-
ent branches of knowledge, is a desideratum in the English
language. The idea is borrowed from a partial plan of this
kind in operation in Sweden and Germany; and for an ex-
ample of what the work should be, I would refer to the
annual report to the Swedish Academy of its perpetual
secretary, Berzelius, on physical science. The reports can
be so prepared as to be highly interesting to the general
reader, and at the same time of great importance to the
exclusive cultivator of a particular branch of knowledge.
Full references should be given, in foot-notes, to the page,
number, or volume of the work from which the information
was obtained, and where a more detailed account can be
found. Itis scarcely necessary to remark that the prepa-
ration of these reports should be intrusted only to persons
profoundly acquainted with the subjects to which they re-
late—namely, to those who are devoted to particular
branches, while they possess a knowledge of general prin-
ciples. Sufficient explanations should be introduced to
render the report intelligible to the general reader, without
destroying its scientific character. Occasionally reports
may be obtained from abroad—as, for example, accounts of
the progress of certain branches of knowledge in foreign
countries, and these may be translated, if necessary, and
incorporated into other reports, by some competent person
in this country.

Besides the reports on the progress of knowledge, the
programme proposes to publish occasionally brief treatises
on particular subjects. There are always subjects of gen-
eral interest of which brief expositions would be of much,

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 957

value. The preparation of these, however, should be in-
trusted to none but persons of character and reputation,
and should be subjected to a revision by competent and
responsible judges before they are given to the public.
They may be presented in the form of reports on the exist-
ing state of knowledge relative to a given subject, and may
sometimes consist of memoirs and expositions of particular
branches of literature and science, translated from foreign
languages. The reports and treatises of the institution, sold
at a price barely sufficient to pay the expenses of printing,
will find their way into every school in our country, and
will be used not as first lessons for the pupil, but as sources
of reliable information for the teacher.

The second section of the programme gives, so far as they
have been made out, the details of the part of the plan of
organization directed by the act of Congress establishing
the institution. The two plans, namely, that of publication
and original research, and that of collections of objects of
nature and art, are not incompatible, and may be carried on
harmoniously with each other. The only effect which they
will have on one another is that of limiting the operation of
each, on account of the funds given tothe other. Still, witha
judicious application and an economical expenditure of the
income, and particularly by rigidly observing the plan of
finance suggested by Dr. Bache, in the construction of the
building, much good may be effected in each of the two
branches of the institution. To carry on the operations of
the first a working library will be required, consisting of the
past volumes of the transactions and proceedings of all the
learned societies in every language. ‘These are the original
sources from which the most important principles of the
positive knowledge of our day have been drawn. We shall
also require a collection of the most important current litera-
ture and science forthe use of the collaborators of the reports;
most of these, however, will be procured in exchange for
the publications of the institution, and therefore will draw
but little from the library fund. For other suggestions rela-
tive to the details of the library, I would refer you to the
annexed communication from Professor Jewett, assistant
secretary, acting as librarian. (See Appendix No. 1.)

The collections of the institution, as far as possible, should
consist of such articles as are not elsewhere to be found in
this country, so that the visitors at Washington may see new
objects, and the spirit of the plan be kept up, of interesting
the greatest possible number of individuals. A perfect col-
lection of all objects of nature and of art, if such could be

958 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

obtained and deposited in one place, would form a museum
of the highest interest; but the portion of the income of
the bequest which can be devoted to the increase and main-
tenance of the museum will be too small to warrant any
attempt toward an indiscriminate collection. It is hoped
that in due time other means may be found of establishing
and supporting a general collection of objects of nature and
art at the seat of the General Government, with funds not
derived from the Smithsonian bequest. For the present it
should be the object of the institution to confine the appli-
cation of the funds, first, to such collections as will tend
to facilitate the study of the memoirs which may be pub-
lished in the Contributions, and to establish their correct-
ness; secondly, to the purchase of such objects as are not
generally known in this country, in the way of art and the
illustration of antiquities, such as models of buildings, &c.;
and, thirdly, to the formation of a collection of instruments
of physical research which will be required both in the
illustration of new physical truths and in the scientific in-
vestigations undertaken by the institution.

Much popular interest may be awakened in favor of the
institution at Washington by throwing the rooms of the
building open on stated evenings durings the session of
Congress for literary and scientific assemblies, after the
manner of the weekly meetings of the Royal Institution in
London. At these meetings, without the formality of a
regular lecture, new truths in science may be illustrated
and new objects of art exhibited. Besides these, courses of
lectures may be given on particular subjects by the officers
of the institution, or by distinguished individuals invited for
the purpose.

APPENDIX No. 1.

Extract from a communication of Professor Jewett, Assistant Secretary of
the Institution, acting as librarian.

My prEaARr sir: As I do not expect to have the pleasure of seeing you
again before the meeting of the regents, I will, with your indulgence, refer
to some of the principal matters which will require attention in commenc-
ing the library. They would no doubt all occur to you in their order, but
I have thought you might find it convenient to have this part of the busi-
ness in some degree prepared to your hands. A great deal of preparatory
Nene is to be gone through with, before any books can be placed on the
shelves.

1. On the plan proposed for the library, it seems to me that the first
thing to be done is to make arrangements for obtaining catalogues, printed
or in manuscript, of the principal libraries of the United States ; to exam-
ine these libraries, as far as can be done personally, in order to know their
general character, the statistics of their increase, &c.; and to form such

PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST. 959

alliances with the librarians as will be indispensable in making the library
of the institution, in conformity with the suggestion of Dr. Bache, a sup-
plemental one, and a centre of bibliographical reference. Some libraries
possess printed catalogues complete nearly down to the present time ; others
are several years behindhand. It will be necessary to procure manuscript
catalogues in continuation of those which have been printed, and to make
arrangements for receiving, from month to month, or from year to year,
lists of all future accessions. These supplementary catalogues should all be
prepared on a uniform plan. The titles should be written on cards of the
same size, so that they may be placed together in one alphabetical arrange-
ment, in order to facilitate research. A mark placed on the back of each
card will designate the library from which it came. Now, in every library
with which we are in correspondence some one must be employed to do
this. It would be merely clerk’s labor, where the catalogues are properly
kept, and no doubt the librarian or assistant might, in every case, be in-
duced to undertake it for a small compensation.

2. The next thing to be done will be to make arrangements for procuring
the books to which we are entitled by the 10th section of the charter of the
institution. Unless something-be done, this provision, in course of time,
will bring in comparatively few books in a year. I have no doubt that
publishers generally would readily send their books, if the subject were
properly presented to them, and arrangements made by which they could
transmit them to Washington without subjecting the institution or them-
selves to expenses altogether disproportioned to the value of the books.
It has occurred to me that perhaps the several district clerks might be in-
duced to attend to the business; it is perhaps legally their duty to do so,
but I suppose it would be unsafe to rely upon their performing faithfully
such an unexpected duty, unless they received for it some additional com-
pensation. Besides this, a circular might be printed and sent to publishers,
setting forth the advantages which would result directly to the cause of
letters, and indirectly to themselves, from compliance with this require-
ment. By these means I think we should obtain nearly all the publications
of importance issued from the American press.

3. The selection of books for the first purchase must be made. This will,
I suppose, comprise three classes of works: 1. Those which may be imme-
diately needed in the scientific department; 2. Bibliographical works and
descriptions, histories and catalogues of similar institutions; and 3. The
general collection, consisting of the memoirs, transactions, and journals of
the learned societies of Europe and America. These three classes of books
will form a library quite unique, and one of great utility. The catalogue,
if it be made with fullness and accuracy, will be a valuable publication. I
think, further, that a somewhat extended list of books should be made out
for future purchases. These lists should be intrusted to honest and faithful
men in some of the principal book marts of Europe, with orders to buy the
books whenever they can find them, at say one-half the ordinary prices. In
this way we should obtain at very low prices great numbers of the buoks
which weshall want. Ofcourse, the same list should not be left with different
men. The work should be done with care, and by consultation with the
best scholars in the country. It will be difficult to find the necessary biblio-
graphical helps. The best collection of them in the country is in the library
of the Brown University, but this is very imperfect.

4. The first purchases are to be made, and the arrangement for future
purchases. These, of course, should not be commenced until the lists are
as far completed as they can judiciously be in this country.

5. Another subject contemplated in the programme of organization, and
which should receive immediate attention, is the procuring of copies of some
of the most celebrated works of art. It will probably be best to confine the
purchases at first principally to plaster casts of some of the finest specimens
of ancient and modern statuary. These can be procured very cheap, and
convey, of course, a perfect representation of the original. I have no doubt

960 PROPOSED APPLICATIONS OF SMITHSON’S BEQUEST.

what for a public institution, and one under national auspices, we could
whenever we desire it, obtain permission to take casts directly from the
statues. ;

The expense of doing so would of course be somewhat greater than that
of purchasing such cepies as might be found in the market, but a small
difference in expense is not to be thought of in sucha case. It would further
be desirable to commence the purchase of the models of antiquities, such as
models in cork of some of the houses, temples, theaters, baths, &c., &c., in
Pompeii and Herculaneum. These can be procured at comparatively smail
prices. Models of every interesting part of Pompeii which has been exca-
vated, presenting in miniature a perfect view of nearly the whole on the
scale of 1 foot to 150, might be procured for about $2,000. It might also
be well to procure a few Etruscan vases; alsoa few antique coins and medals,
sufficient to convey some illustration of numismatics, as a subsidiary branch
of history. The regents should of couse decide what proportion of the ap-
propriation for collections should each year be expended for these purposes.
I will merely remark that $1,000, or even $500 at the outset, prudently
expended, would procure a very interesting collection.

Ihave thus stated quite in detail the work which must be done before
the library can be ready for use, or rather before any part of it can be placed
upon the shelves. Before it can be ready for use much more is to be done
in arranging and cataloguing. To lay properly the foundation of a large
library isa slow ‘work, and much time must necessarily be consumed in
producing but small visible results.

I am, my dear sir, very truly, your friend and servant,

Cc. 0. JEWETT.

Professor JosePH H&nrRyY,

Secretary of the Smithsonian Institution.

LETTERS RELATIVE TO THE “PROGRAMME OF OR-
GANIZATION” OF THE SMITHSONIAN INSTITUTION
PROPOSED BY PROFESSOR JOSEPH HENRY.

From T. Romeyn Beck.

AuBany, N. Y., November 29, 1847.

I have perused the copy of the “ Proposed Organization ”
which you have been good enough to send me.

I notice an omission, which may be either intentional or
not. Itis the exclusion of medicine and surgery from the
physical class. It appears to me that there are subjects
belonging to them, which are legitimate subjects of phil-
osophical research and therefore should be included. [ in-
stance, the materia medica, i. e. the discovery of new remedies
or the improved application of old ones; improvements
in surgery ; discoveries in physiology ; and lastly, the appli-
cations of one or more to medical jurisprudence.

True, you are careful in your specifications, to leave room
for this addition, but you must be aware that the medical
profession embraces in this country a considerable portion
of the talent and learning that might be roused into activity
by the adoption of your plan, and I submit whether the in-
sertion of these subjects is not due to them.

There is another branch intimately connected with the
above, which deserves every encouragement. It is the pro-
motion of the health of communities, or hygiene as the French
eall it. No subject is less understood—none calls for
publie encouragement and attention more strongly than
this dreadfully neglected matter.

You will see that I refer in all this to the division of
reports. The “ British Association” in directing attention
to and popularizing (if I may use the word) this plan of di-
fusing knowledge has done more good than most of the
learned societies in the world.

I prefer, with your permission, to give you my ideas in
this way, instead of noting them on the programme.

J willin conclusion only hint at a danger, which unless
early and constantly guarded against, may render your
scheme unpopular, and hence in a measure impair its useful-
ness. It is, the possibility of the selection of particular

61 961

962 LETTERS ON PROGRAMME OF ORGANIZATION.

persons—or of associations of persons in different places,
who may appear to assume the control in any particular
department of science—in other words, the formation of
predominant cliques. These are the curse of most of our
most distinguished societies at home and abroad—and in
this country the danger is greater, from the fewness of
men well grounded in science, and the disparity that exists
between those claiming to be adepts.

These views I give you, if I know my own heart, with a
sincere desire that the Smithsonian Institution may attain
the highest usefulness under your administration, and that
it may go on, “‘ prospering and to prosper.”’

I forgot to add, what indeed I expressed to you verbally,
that your plan as a whole has my unqualified approbation.

From Benjamin Silliman.

YALE COLLEGE,
Nrw Haven, December 4, 1847.

Your letter of November 26, with the programme of the
Smithsonian Institution, was duly received, and I have en-
deavored to bestow upon it a degree of consideration pro-
portionate to its importance. ,

Regarding the will of Mr. Smithson as the rule and the
only rule which ought to govern, I have no hesitation in
saying that the views propounded in the programme are
sound and correct, and ought, therefore, to be sustained.

It is obvious that Mr. Smithson intended that his fund
should operate intellectually, and no further physically than
is necessary for the mental effects. Books, instruments,
and museums of objects of nature and art are necessary to
that end, and are, therefore, within the views and purpose
of the donor; but splendid buildings, of costly materials
and construction, if erected at the expense of the Smith-
sonian fund would prove a perversion of the design and an
abuse of the trust.

The neglect in which the bequest was allowed for eight
years to lie, creates a claim, both of honor and equity,
which ought to result in the enlargement of the fund by
the appropriation of the accumulated interest to become a
part of the productive capital. It would be a meritorious
application of a portion of the National revenue if the
buildings requisite for the accommodation of the Smith-
sonian Institution were to be furnished by the Government
in aid of the great design for the “increase and diffusion of
knowledge among men.”

LETTERS ON PROGRAMME OF ORGANIZATION. 963

If, however, that course is impracticable, we may well in-
quire whether an appropriation of the income of a single
year—say fifty thousand dollars—might not afford sufficient
funds for the requisite building constructed in a style of
chaste and elegant simplicity without expensive ornament,
and adapted mainly to utility.

If this course were pursued, the fund would be preserved
inviolate, and it would seem to be a wise forecast to limit
the annual expenditures, so that an accumulating fund
might be formed, which, in a few years, with compound
interest resulting from frequent investments of savings
might augment the capital to a million of dollars.

If it is within the views of the Government to bestow
the National Museum upon the Smithsonian Institution, the
very bequest would seem to draw after it an obligation to
furnish the requisite accommodations without taxing the
Smithsonian funds; otherwise the gift might be detrimental
instead of beneficial; and if the Government should retain
the proprietorship of the National Museum, but at the same
time impose upon the Smithsonian Institution the burden
of providing a building for its accommodation—not to say
for its increase—this would obviously be an invasion of the
rights of the Institution which could not be justified.

Will not every purpose promotive of the object of Mr.
Smithson be accomplished by allowing the National Museum
to remain in buildings furnished by the Government, and
augmented from time to time as the exigency of the collec-
tions may require.

It will then be equally accessible to all cultivators of any
field of knowledge demanding such illustrations, and the
Smithsonian Institution will be left at liberty to pursue its
own objects in its own way.

As regards the objects of research indicated in the Pro-
gramme I would suggest that in addition to the law of
storms—not confined, however, to American storms—ob-
servations should be made on our various climates in
relation to temperature, moisture, and electricity, and their
effect upon agriculture and health.

Under the head of surveys it is desirable also to include
our most important mineral resources in coal and metals,
and in permanent materials for architecture and for civil
and military engineering.

No mention is made of natural history in extenso, and
zoology and botany are not named.

The outline of subjects might perhaps be made more
concise and still more comprehensive, and it is desirable

964 LETTERS ON PROGRAMME OF ORGANIZATION.

not to enact unnecessary limitations which might prove em-
barrassing.

As Mr. Smithson’s object was all men—not merely
Americans or Englishmen—it is desirable that every lati-
tude should be allowed for co-operation with all cultivators
of knowledge.

I have had no opportunity to consult the Connecticut
Academy, but will lay the subject before them towards the
close of the month. I have the coinciding opinions of Mr.
Dana and my son with the above.

From the American Academy of Arts and Sciences.

Boston, December 8, 1847.

Duar Sir: Iam directed by the Academy to communi-
eate to you the accompanying report, made on the subject
of your programme, laid before the Academy, with your
note of the 80th September, and to express the great inter-
est which the Society feels in the important subject to which

it relates.
ASA GRaY,
Corresponding Secretary.

The committee to whom was referred the ‘‘ Programme for the Organiza-
tion of the Smithsonian Institution,’’ submitted to the Academy by the
Secretary, Professor Henry, with his letter of the 80th September, made
the following report :

5

Professor Henry is understood to be desirous of ascertaining the opinions
of the scientific bodies of the country, on the subject of the proposed organ-
ization of the Smithsonian Institution; and the free expression of their
views is wished by him.

The interesting nature and high importance of this foundation, and the
novel and peculiar circumstances attending its establishment, make it highly
expedient, in the opinion of the committee, that every step taken in ite
organization should be deliberately considered. They think it no more
than just to express their satisfaction, that the control of the infant estab-
lishinent has been placed in the hands of a Board of Regents of the highest
intelligence, respectability, and weight of character ; and in the wise selec-
tion made of the officers, on whom the active executive duties of the insti-
tution will devolve, the committee perceive a satisfactory pledge, as far as
they are concerned.

Professor Henry’s Programme commences with ‘ general considerations,
which should serve as a guide in adopting the plan of organization.”” He
points out the nature of the bequest, as made to the United States for the
purpose of founding at Washington, under the name of the Smithsonian
Institution, an establishment for the increase and diffusion of knowledge
among men. The bequest is, accordingly, for the benefitof mankind. The
Government of the United States is but a trustee to carry out this noble
design. Even the people of the United States are interested only so far as
they constitute one of the great families of the human race.

The objects of the Institution are twofold; 1st, the increase, and 2d, the
diffusion, of knowledge,—objects which, although frequently in a vague

LETTERS ON PROGRAMME OF ORGANIZATION. 965

way confounded with eachother (inasmuch as it often happens that know-
ledge is diffused by the same act which increases it) are nevertheless logi-
cally distinct, and require to be separately regarded. No particular kind
of knowledge is specified by the founder as entitled to the preference ; all
branches are entitled to a share of attention; and the order and degree in
which they are cultivated must be decided by a wise regard to means and
circumstances. Knowledge may be increased by various modes of encour-
aging and facilitating the discovery of new truths; it is diffused chiefly,
though not exclusively, through the instrumentality of the press. The
organization should be such as to produce results not within the province
of the existing institutions of the country. It was, for instance, evidently
not the design of the liberal founder to establish a collegiate institution, or
a place of education ; nor would it be wise to appropriate his bequest for
such an object, already sufficiently attained by the ordinary resources of
public and private liberality. Considering the novelty of the undertaking,
it would be manifestly unwise to stake too much on the success of the first
efforts. The organization should be such as to admit of changes and modi-
fications under the light of experience. As several years have elapsed since
the fund came into the possession of the United States, it seems no more
than equitable that a considerable portion of the accruing interest should
be added to the principal, to make up for the loss of time. The committee
consider this suggestion as perfectly reasonable, and trust it will receive
the favorable consideration of Congress. Liberal as is the original bequest,
the sum is but small compared with the great objects to be accomplished.
This consideration suggests the absolute necessity of economy in any outlay
on buildings and fixtures; in reference to which a prudent regard must be
had, not merely to the first cost, but to the future expense of repairs, and
the support of the establishment. Great care must be taken not to multiply
the number of persons to be permanently supported by the Institution. A
clear and settled idea of its organization and mode of operation must pre-
eede the adoption of a plan of building, lest, after the completion of a costly
edifice, it should be found nearly or quite useless ; or worse even than use-
less, by forcing a character upon the Institution which would not otherwise
have been given it. All view to mere local arrangement or advantage
should be discarded at the outset, in the management of a trust created for
the benefit of mankind.

Such, very slightly expanded in a few of the propositions, are the general
-considerations proposed by Professor Henry as guides in adopting a plan of
organization. They command the entire assent of the committee; and
none of them more so than those which refer to the necessity of strict econ-
omy in the expenditure of the fund on a building, and exclusion of undue
regard to local ornament. It would not be difficult to point to a memorable
instance, in a sister city of the Union, in which the most munificent bequest
ever made for the purpose of education has been rendered comparatively
unavailing, by the total disregard of these wise principles. It is an addi-
tional reason for observing them, that the attempt to erect a highly impos-
ing building for local ornament will not only crush in the bud all hope of
fulfilling the ulterior objects of the bequest, but will be almost sure to fail
of a satisfactory result as far as the edifice itself is concerned.

The Secretary’s plan of organization in reference to the increase of knowl-
edge is so accurately digested and so thoroughly condensed, that the com-
mittee think it would be best to quote his own words :—

‘To INCREASE KNOWLEDGE, it is proposed,

‘1. To stimulate men of talent to make original researches, by offering
suitable rewards for memoirs containing new truths; and,

‘© 2. To appropriate annually a portion of the income for particular re-
searches under the direction of suitable persons.’’

These methods of increasing knowledge are farther unfolded in the follow-
ing ‘ Detail of the Plan’ for that purpose.

“J. By stimulating researches.

966 LETTERS ON PROGRAMME OF ORGANIZATION.

‘©1, Rewards consisting of money, medals, &c., offered for original
memoirs on all branches of knowledge.

‘©2. The memoirs thus obtained to be published in a series of volumes in
a quarto form, and entitled Smithsonian Contributions to Knowledge.

‘©3. No memoir, on subjects of physical science, to be accepted ‘for pub-
lication which does not furnish a positive addition to human knowledge ;
and all unverified speculations to be rejected.

‘‘4, Each memoir presented to the Institution to be submitted for exami-
nation to a commission of persons of reputation for learning in the branch
to which the memoir pertains, and to be accepted for publication only in
case the report of this commission is favorable.

‘©5. The commission to be chosen by the officers of the Institution, and
the name of the author, as far as practicable, concealed until a favorable
decision shall have been made.

‘©6. The volumes of the memoirs to be exchanged for the transactions of
all literary and scientific societies, and copies to be given to all the colleges
and principal libraries in this country. One part of the remaining copies
may be offered for sale; and the other carefully preserved, to form complete
sets of the work, to supply the demand from new institutions.

‘7, An abstract or popular account of the contents of these memoirs
should be given to the public through the annual report of the Regents to
Congress.

‘IT. By appropriating a portion of the income annually to special objects
of research, under the direction of suitable persons.

‘©1, The objects and the amount appropriated to be recommended by
Counsellors of the Institution.

‘©2. Appropriation in different years to different objects ; so that in course
of time each branch of knowledge may receive a share.

‘© 3. The results obtained from these appropriations to be published with
the memoirs before mentioned in the volumes of the Smithsonian Contribu-
tions to Knowledge.

‘©4, Examples of objects for which appropriations may be made :—

‘© (1.) System of extended Meteorological Observations for solving the
problem of American Storms.

‘© (2.) Geological, Magnetical, and Topographical surveys to collect
materials for the formation of a Physical Atlas of the United States.

‘(3.) Solution of experimental problems; such as weighing the earth ;
new determination of the velocity of electricity and of light; chemical
analysis of soils and plants; collection and publication of articles of science,
accumulated in the offices of Government.

‘«(4.) Institution of statistical inquiries with reference to physical, moral,
and political subjects.

‘© (5.) Historical researches and accurate surveys of places celebrated in
history.

‘© (6.) Ethnological researches, particularly with reference to the present
races of men in North Americn; also explorations and accurate surveys of
the mounds and other remains of the ancient people of our country.”

The committee have made this long extract from Professor Henry’s Pro-
gramme, in order to give to the Academy an adequate idea of the proposed
plan, as far as it refers to the first branch, or the Increase of Knowledge.
It has, in some of its features, been already adopted. It is already an-
nounced that one voluminous memoir, copiously illustrated by engravings,
is already on its passage through the press, under the auspices of the Smith-
sonian Institution. The committee refer to an elaborate memoir by Messrs.
Squier and Davis, on the aboriginal mounds discovered in large numbers.
in various parts of the United States, and especially in the region north-
west of the Ohio. This memoir was accepted on the favorable report of
the Ethnological Society of New York, to which it has been referred by
the Secretary of the Institution, and in whose Transactions an abridgment
of it has appeared. It is also understood that a memoir on one of the

LETTERS ON PROGRAMME OF ORGANIZATION. 967

most interesting subjects which engages the attention of geometers and
mathematicians at the present moment, viz: the planet Neptune, has been
invited by the Secretary from one of our members. ;

While the committee would deprecate all attempts unduly to stimulate
the increase of knowledge, as sure to prove abortive, and to result at best
in the publication of erude investigations, they believe it quite possible to
remove some of the obstructions to its progress. Narrow circumstances
are too apt to be the lot of genius when devoted to scientific pursuits ; and
the necessity of providing for personal and domestic wants too often absorbs
the time and faculties of those who might, if relieved from cares of this
kind, have adorned their age and benefitted mankind. To such men a
moderate pecuniary advantage, derived from a successful investigation,
might be of vast importance. The efficacy of market upon production is
not limited to the creations of physical labor. It is seen in the history of
science and literature of every age and country. Invention in the mechan-
ical arts, and skill in practical science, are well paid in this country, and
how great is the harvest! The extraordinary ettect even of an honorary
inducement is seen in the case of the medal offered by the king of Denmark
for the discovery of telescopic comets. On these principles it may be
hoped, that, by offering a moderate pecuniary compensation for researches
of real merit, valuable contributions to knowledge will be produced ; while
their publication will tend directly to the diffusion of knowledge. An en-
couragement somewhat similar, toward the promotion of the increase of
knowledge, would be afforded by another part of the proposed operations,
that of providing the requisite apparatus and implements, and especially
books, to be placed in the hands of those engaged in particular lines of in-
vestigation. In this way it is not unlikely that a considerable amount of
talent may be rendered effective, which at present is condemned to inactiv-
ity from local position unfavorable to scientific research.

It is not the purpose of the committee to engage in minute criticism of
the details of the Programme ; but it may not be out of place to suggest x
doubt of the practicability or expediency of carrying into rigid execution
‘“the rejection of all unverified speculations,’’ as proposed in the third par-
agraph of the first section above cited. While it is obviously advisable to
discountenance all theoretical speculations not directly built upon observa-
tion, it might be too much to exact, in all cases, that these speculations
should have been actually verified. No small portion of modern geology
is an ingenious structure of speculative generalizations. The undulatory
theory of light can hardly claim any other character. The nebular theory,
though proposed and illustrated by the highest astronomical talent of the
past and present generations, is rapidly sinking from the domain of accred-
ited speculations. It may be doubted even whether M. Leverrier’s brilliant
memoirs on the perturbations of Uranus would not, as published before the
discovery of Neptune, have fallen within this principle of rejection rigo-
rously applied.

Upon the whole, the committee think very favorably of all parts of the
plan for increasing knowledge, and feel no doubt that it would afford im-
portant encouragement to scientific pursuits. To suppose that it will create
an era in science, or throw into the shade the ordinary educational and in-
tellectual influences at work in the country, would be extravagant. It is
enough, and all that can be expected, if it be a rational plan for appropriat-
ing moderate means toward the attainment of a desirable end.

To fulfill the other objects of the trust, viz.: to ‘‘ diffuse knowledge,’’
the Secretary proposes to publish ‘‘ a series of reports, giving an account of
the new discoveries in science, and of the changes made from year to year
in all branches of knowledge not strictly professional.’? These reports are
to be prepared by collaborators most eminent in their several departments,
who are to receive a compensation for their labors; the collaborator to be
furnished with all the journals and other publications necessary to the
preparation of his report.

968 LETTERS ON PROGRAMME OF ORGANIZATION.

The following enumeration of the proposed subjects of these reports will
give the Academy a full conception of this part of the plan.

‘CT, PHYSICAL CLASS.

“1. Physics, including Astronomy, Natural Philosophy, Chemistry, and
Meteorology.

‘© 2. Natural History, including Botany, Zodlogy, and Geology.

‘3. Agriculture.

“¢4,. Application of Science to Arts.

‘ITI, MORAL AND POLITICAL CLASS.

“5. Ethnology, including Particular History, Comparative Philology,
Antiquities, &.

“6. Statistics and Political Economy.

‘¢'7, Mental and Moral Philosophy.

‘¢&. A Survey of the Political Events of the World; Penal Reform, &c.
‘“‘TII, LITERATURE AND THE FINE ARTS.

“¢9, Modern Literature.

‘‘10, The Fine Arts, and their application to the useful arts.

‘C11. Bibliography.

‘© 12. Obituary notices of distinguished individuals.”’

Another branch of the plan for the diffusion of knowledge contemplates
the offer of premiums for the best essays on given subjects.

The publications of the Institution, of whatever form, are proposed to be
presented to all the colleges and to the principal libraries and scientific in-
stitutions throughout the country, and to be exchanged for the transactions
of all scientific and literary societies throughout the world, thus laying the
foundation of a valuable library. An adequate number are to be preserved
to supply the future demand of new institutions, and the remainder are to
be placed on sale at a price so low as to render them generally accessible.

For carrying out the plan thus sketched for increasing and diffusing
knowledge, the Regents propuse to appropriate one-half of the income of
their fund. The remainder is to be expended in the formation and main-
tenance of a library, a collection of instruments of research in all branches
of experimental science, and a museum. This partition of the income of
the fund is stated to be ‘‘a compromise between the two modes of increas-
ing and diffusing knowledge.”

A library is one of the objects contemplated in the act of Congress, estab-
lishing the Board for the management of the trust. It is requisite for
carrying out the plan above proposed. At the same time it will be observed,
that the distribution by exchange of the publications, which that scheme
of operations will call into existence, will rapidly provide the Institution,
without farther expense, with the class of works, often of a costly charac-
ter, which are most directly important as the means of advancing and dif-
fusing positive knowledge. It is accordingly in these that the Secretary
proposes to lay the foundations of the library ; forming, Ist, a complete
collection of the Transactions and Proceedings of all the learned societies
in the world; and, 2d, a similar collection of all the current periodical
publications, and other works necessary in preparing the contemplated
periodical reports. In the next place, it is proposed to procure by prefer-
ence those books which are not found in the other public libraries of the
United States, regarding the want of them as of more urgency to be sup-
plied than that of a symmetrical and proportionate collection of books in
all the departments of science. Such a library as the plan proposes may be

fairly regarded as an important instrument for the increase and diffusion of
knowledge.

LETTERS ON PROGRAMME OF ORGANIZATION. 969

The collection of scientific apparatus and instruments of research is no
jess needful in the furtherance of the above-mentioned plan, which, as it
proposes to aid individuals in the prosecution of important researches, may
often do so most effectually by the loan of the instruments required for a
particular investigation. They will also be needed, especially at Washing-
ton, for carrying out, under the most advantageous circumstances, the
various experimental investigations in physics already pursued by the Sec-
retary, with such credit to himself, and such honor to the scientific character
of the country.

The Smithsonian Institution is also to be intrusted with the conservation
of a national museum ; Congress having, by a clause in the act of incorpo-
ration, devolved upon it the charge of the immense collections belonging to
the public, of which those brought home by Captain Wilkes from the Ex-
ploring Expedition form the greater portion, but which are daily increasing
from many sources. These collections, when a proper and convenient place
shall have been prepared for their reception and preservation, are likely to
accumulate with still greater rapidity in time to come.

While there is an obvious propriety and convenience in thus intrusting
the care of the public collections to the officers of the Smithsonian Institu-
tion, it will not, the committee trust, be forgotten by Congress, that the
income of the Smithsonian bequest—moderate at best, and consecrated to
an object distinct as it is elevated—ought not to be burdened with the cost
of constructing an edifice for the reception and exhibition of the public
collections, and their preservation and care. These objects would alone
absorb a considerable portion of the fund. If drawn upon to carry them
into effect, its efficiency for any other purpose will be seriously diminished,
if not altogether destroyed.

The plan also contemplates a museum of the fine arts, as well as a scien-
tific apparatus ; it proposes to procure ‘‘ casts of the most celebrated articles
of ancient and modern sculpture,’’ and ‘‘ models of antiquities.’’ While it
is undoubtedly true, that a gallery of this description would find an appro-
priate place in an establishment devoted to the increase and diffusion of
knowledge in its broadest sense, the committee cannot but hope that the
immediate execution of this part of the plan will not be attempted ;+but
that it will be deferred till other objects of more decided utility have been
provided for, and until a surplus of unappropriated funds shall have accrued.

The Academy will perceive that the most novel and important feature of
this plan is that which proposes to insure the publication of memoirs and
treatises on important subjects of investigation, and to offer pecuniary en-
couragement to men of talent and attainment to engage in scientific research.
It is believed that no institution in the country effects either of these objects
to any great extent. The nearest approach to it is the practice of the
Academy, and other philosophical societies, of publishing the memoirs
adopted by them. These, however, can rarely be works of great compass.
No systematic plan of compensation for the preparation of works of scien-
tific research is known by the committee to have been attempted in this or
any other country. It can scarcely be doubted that an important impulse
would be given by the Institution, in this way, to the cultivation of scien-
tific pursuits ; while the extensive and widely ramified system of distribu-
tion and exchange, by which the publications are to be distributed through-
out the United States and the world, would secure them a circulation which
works of science could scarcely attain in any other way.

It is an obvious characteristic of this mode of applying the funds of the
Institution, that its influence would operate most widely throughout the
country ; that locality would be of comparatively little importance as far
as this influence is concerned; and that the Union would become, so to say,
in this respect, a great school of mutual instruction.

The committee would remark, in conclusion, that, in a plan of operations
of this kind, very much depends upon the activity and intelligence with
which it is administered. The character of the Board of Regents is a

970 LETTERS ON PROGRAMME OF ORGANIZATION.

sufficient warrant for the prudence and good judgment which will watch
over the general interests of the foundation; while the reputation of the
Secretary and his assistant, the Librarian, is so well established in their re-
spective departments, as to render any tribute from the committee entirely
superfluous.
All which is respectfully submitted by the committee.
EDWARD EVERETT, (Chairman.)
JARED SPARKS.
BENJAMIN PEIRCE.
Henry W. Loneretiow.
ASA GRAY.
December 4th, 1847.

Notrr.—Professor Agassiz was named of the committee, but, owing to
his absence at the South, was unable to take part in the preparation of this
report.

From the New Jersey Historical Society.

Newark, N. J., November 24, 1848.

This Society having already considered the programme —
of the Smithsonian Institution and adopted the report of a
special committee, approving of its provisions (which re-
port has been transmitted to the Regents,) I have now only
to state, that in no instance, so far as I can learn, has an ex-
amination of the document failed to secure for it the same
measure of commendation.

W. A. WHITEHEAD,
Corresponding Secretary.

The following is the report referred to :

The Committee to whom was referred the Programme of organization of
the Smithsonian Institution report, that having in common with the other
members of the Historical Society listened with gratification and conviction
to the exposition by Dr. Henry, of the nature and objects of the Smith-

-sonian Institution, and of the means whereby those objects might most
surely be attained, they turned their attention to a consideration of the
Programme referred to them.

And they unhesitatingly report, as the result of their considerations, their
unanimous opinion, that in the general considerations set forth in the Pro-
gramme, as guides in adopting the proper plan of organization, the designs
of the liberal founder of the Institution are justly appreciated, and the
means of accomplishing those designs are set forth with great discrimina-
tion.

The fund is a trust fund for the increase and diffusion of knowledge
among men; the Institution created by this fund is not a national estab-
lishment, much less an establishment for promoting local improvements of
any sort. Its aim is to ‘‘ increase knowledge’’ by the discovery of new
truths, and to ‘diffuse’ this increased knowledge by suitable publications,
Its field isnot Washington, nor even the United States, but all mankind.

Hence it would seem obviously to result, that all the funds so far as now
can be done under the act of Congress incorporating the Institution, should
be sacredly appropriated in such manner as to fulfill the views above indi-
cated.

LETTERS ON PROGRAMME OF ORGANIZATION. 971

Entertaining these views the Committee would look upon any large ex-
penditure for the construction or ornament of buildings at Washington as
misplaced, as contravening the comprehensive and liberal designs of the
founder, and as calculated to the extent to which such expenditures might
be carried, to delay the period when the munificence of the endowment
might become operative, in stimulating the inventive genius of men, and
in aiding the efforts of enterprising individuals in diffusing the results of
their discoveries and researches.

The details of the plans to increase and to diffuse knowledge, as set forth
in the Programme, seem to your Committce wise and well considered, and
as eminently fitted to render the bequests of the liberal Englishman pro-
ductive of its legitimate and highest results, in which not Americans only,
but all men are so deeply interested.

Your Committee therefore propose these resolutions for the adoption of
the Society :—

Resolved, That the Programme of organization of the Smithsonian Insti-
tution as explained by Dr. Henry, seems to this Society to lay down the
most efficient and fitting means for rendering available in its highest degree
the munificent endowment of the Institution and of carrying out the views
of its founder.

Resolved, That a copy of these proceedings duly authenticated by the
officers of this Society, be transmitted to the Board of Regents of the
Smithsonian Institution.

CHARLES K1na.
RicHarpD S, FIELD.
Wo. B. Kinney.
L. KirnKPATRICK.
NicuoLas Murray.

The report having been accepted, the resolutions were unanimously
adopted.

From Nath?! F. Moore.

CoLUMBIA CoLLEGE,
New York, November 24, 1848.

As regards your well considered programme I should
hardly have presumed to offer even an approval of it, but
for your request. I can give it heartily however, and fully ;
though (complying again with your request) I venture to
suggest that perhaps the limitation under the 7th head of
section 2d is too narrow, while on the other hand, the great
value of the fine arts and the just appreciation of them by
cultivated minds, may create a risk of the institution’s going
too far in the direction opened under the 10th, 11th, and
12th heads of the same section. .

I read some time ago what seemed to be a studied vindi-
cation of the step talen by the Institution in publishing
the work of Messrs. Squier and Davis, but the volume now
issued from the press carries with it its justification, and
will, I think, be everywhere regarded as a curious and val-
uable contribution to knowledge of a kind that was much
needed.

972 LETTERS ON PROGRAMME OF ORGANIZATION.
From Mark Hopkins.

WILLIAMS COLLEGE,
WItuiamstown, Mass., November 24, 1848.

I have received a copy, forwarded by you, of the pro-
gramme of the Smithsonian Institution. It meets my
hearty approbation, and is probably as perfect as any thing
of the kind can be without experience, and I have no sug-
gestion to make.

In such an enterprise much must depend on the officers,
and I am gratified to know that thus far the selection has
been such as to deserve and receive universal confidence.
If any co-operation of mine should be needed, it may be
relied on.

From Enoch Pond.

Bancor THEOLOGICAL SEMINARY,
Baneoor, Mez., November 24, 1848.

I received this morning your favor of the 17th with the
accompanying papers. JI have perused your programme
with much interest. It seems to have been drawn up with
care, and with a due regard to the will of Mr. Smithson.
J think of no additions or improvements. It meets my cor-
dial approbation.

From Charles J. Whipple.

SALEM ATHENEUM,
SaLeM, Mass., November 27, 1848.

The programme of organization of the Smithsonian In-
stitute meets our approbation; one question is naturally
suggested after its perusal, viz: can all the objects proposed
be accomplished in the true spirit of the original design ?
If in the affirmative—then the institution will be a noble
aftair—just what is wanted at this time to meet the wants
of the age. It has our hearty co-operation, and we should
be pleased to contribute our mite towards aiding the insti-
tution to carry forward successfully all their plans.

From H. J. Ripley.

Newton THEOLOGICAL INSTITUTION,
Newton, Mass., Movember 27, 1848.
I have been directed by the faculty of this institution to
acknowledge the receipt of your communication with ac-

LETTERS ON PROGRAMME OF ORGANIZATION. 973

companying documents, sent to the late president of this
institution. As he is not now connected with the institu-
tion, the papers were laid before the existing faculty.

The programme has our entire approbation. We are
not prepared to make any suggestions relative to the subject.
We trust we shal] be always ready to give you our co-oper-
ation in cases where it may be required,

From Simeon North.

HAMILTON COLLEGE,
Cuinton, N. Y., November 30, 1848.

The accompanying programme I have examined with care,
and am happy to say that I regard it as comprehensive and
judicious, and that the plan which it marks out is one emi-
nently fitted to subserve the interest of learning—both in
*‘ the increase and diffusion of knowledge among men.”

From James P. Wilson.

DELAWARE COLLEGE,
Newark, Deu., November 30, 1848.

I received the circular sent from the Smithsonian Insti-
tute, and make this communication simply in conformity
with the specific request contained in it. I do not fora
moment imagine that my crude views can be of any value
at all in the matter.

There is no doubt, that from the data in the bequest, va-
rious solutions would be suggested by thoughtful minds—
and innumerable plans projected—and yet on carefully read-
ing and reflecting on the programme, I cannot even pro-
pose a criticism by way of amendment. As a great en-
lightened agency for diffusing knowledge which implies in
this case increasing it, so far as practicable, I cannot see how
a scheme can be devised, more comprehensive, and at the
same time more effective in carrying out the design of the
testator. These I think must be the impressions of any
candid mind.

From C. P. Krauth.

PENNSYLVANIA COLLEGE,
GrttysBurG, Pa., November 30, 1848.

I have received your circular and the accompanying pro-
gramme, &c., and agreeably to your request express in this
way my approbation of the same. Not prepared at present
to make any suggestions relative to the subject. I will
cheerfully co-operate in any way that I can hereafter.

974 LETTERS ON PROGRAMME OF ORGANIZATION.
From William Sparrow.

‘* THEOLOGICAL SEMINARY,”
Farrrax Co., Va., December 1, 1848.

In regard to the “ Programme of Organization” I shall
not presume to offer any suggestions; I only venture to
express the hope that under the head of the ‘ moral and
political ”’ class of subjects, the particular branches of moral
and mental philosophy will receive a due share of cultiva-
tion, and I say this, only because of the extreme difficulty
which manifestly accompanies your labors in that depart-
ment above all others, and not because of indifference
towards any form of knowledge which concerns mankind.

From M. F. Maury.

NATIONAL OBSERVATORY,
Wasuinaton, December 2, 1848.

The law establishing the Smithsonian Institution is in
my judgment not entirely free from objection. But taking
the law as it is, it appears to me that the programme of the
Institution is not only admirable, but the best that under
the circumstances of the case could have been devised.

The programme appears to me to embrace all subjects,
and to include the results of all researches, which tend to
the increase and diffusion of knowledge among men. I see
no room for improvement and therefore have no suggestions
to make with regard to it.

It will afford me pleasure at all times, and on all occa-
sions, to co-operate with the Smithsonian Institution in the
pursuit of those departments of knowledge appropriate to
the Observatory; and I hope therefore you will do me the
favor to call freely on the Observatory in all matters when-
ever its co-operation may subserve the great interests of
science and therefore of the world.

From Aug. W. Smith.

WESLEYAN UNIVERSITY,
MippLeTown, Or., December 2, 1848.

I had previously received a copy of the “ Programme of
Organization of the Smithsonian Institution,” and exam-
ined it with some care. I have again carefully re-perused
and considered the details as therein presented with your
“explanations and illustrations.”

LETTERS ON PROGRAMME OF ORGANIZATION. 975

In common with many others, I presume, I had indulged
some apprehensions on the subject of the mode in which the
intentions and purposes of the testator could and would be
carried out by the trustee. These apprehensions were not
diminished, on reading the reports of the widely different
views and plans which seemed not merely to divide but to
distract Congress while the subject was under discussion.
They were, however, greatly removed by a sight of the
programme.

Those portions of the plan which seem to result directly
from the will of the testator, by the action of yourself and
Board of Regents, have a character conformable to the de-
signs of the testator, and much more of symmetry, than the
novel character which the Institution was to bear, warran-
ted the hope of realizing so early in its history. I re-read
the whole with the special purpose of raising objections and
finding occasion to make suggestions, but I freely confess I
do not see wherein the portion referred to, could be im-
proved, especially as the details are conditioned on their
practical and successful character when tested by experience.
Neither am I prepared to condemn the appropriation of the
means of the Institution by the positive enactments of Con-
gress to the formation of a library—especially the kind of
library contemplated. But with regard to cabinets, &c., I
do not so clearly see in what it will ultimate. More is,
however, to be feared from a disposition to modify and
change, under the pretence of improving the plan, by the
numerous sages who, as members of Congress, will become
its guardians-in-law.

My hopes of its success and utility are strong while under
its present direction, if untrammelled by new restrictions
and left free to act. On the whole, the country and the
friends of science may well congratulate themselves upon
the prospects of the Institution, and especially (allow me to
say it in all sincerity) upon the choice of the individual se-
lected to direct and superintend its interests, with regard to
whom public sentiment is unanimous so far as I have heard
an expression of opinion.

From James Curley.

GEORGETOWN COLLEGE,
District or ConumsBia, December 5, 1848.
We shall give our opinion as soon as possible of the ad-

mirable plan you have formed for the organization of the
institution.

976 LETTERS ON PROGRAMME OF ORGANIZATION.
From Edward Hitchcock.

AMHERST COLLEGE,
AmueErst, Mass., December 7, 1848.

I have looked over the programme of the Institution
with much interest, and consider it most admirably adop-
ted to accomplish the objects aimed at by Mr. Smithson.
So complete is it in its applications that with my limited
knowledge I have no additional suggestions to make. I
anticipate very interesting results to the cause of science in
this country from the carrying out of this plan.

From Hector Humphreys.

St. JOHN’s COLLEGE,
ANNAPOLIS, MaryLanpD, December 11, 1848.

I have read the programme, and say at once, that I highly
approve all its provisions. It fills up providentially a de-
sideratum long felt in the United States, owing to the little
encouragement which our government feels authorized un-
der the Constitution to extend to science and art. This
has reached but little beyond the poor protection that the
patent laws give to new inventions. Your plan will incite
many industrious and ingenious men to undertake works of
original research, because you offer them a certain reward,
in case they should sueceed. The subsequent diffusion will
need no stimulus.

From the President and Faculty of Georgetown College.

GEORGETOWN COLLEGE,
District oF CoLumBia, December 16, 1848.

We have received the first volume of the “ Smithsonian
Contributions to Knowledge,” and now return many thanks
to you and to those whose wisdom and experience have
formed the ‘“ Plan of Organization” which has brought to
light the interesting subject contained in the splendid work
now presented to the public.

In acknowledging your kindness for this valuable present
we cannot avoid expressing our admiration of the Plan of
Organization itself, which is contained in your able Report
of December, 1847; convinced as we feel that scarcely any-
thing superior to it could be conceived to carry out, wisely,
and generously the intentions of Mr. Smithson. This being
our candid opinion it would be useless to analyse the report

LETTERS ON PROGRAMME OF ORGANIZATION. 977

in order to show the excellence of each part in its further-
ance of the grand object of the Smithsonian Institution, as
an impartial mind by attentively perusing your report will
easily perceive how fully it embraces the benevolent designs
of the founder.

From H. Robinson.

Union TurotocicaL SEMINARY,
New York, December 18, 1848.

Your letter announcing the first volume of the Contribu-
tions, was put into my hands on Saturday; though the
volume was received some days earlier. I beg leave to re-
turn thanks, in behalf of the Directors and Faculty of the
Seminary, for the volume in question, which contains a rich
harvest of information, that always seemed to me a very
appropriate beginning for such an Institution.

In regard to the Programme forwarded, I have already
stated to Professor Henry, and perhaps to yourself, my fa-
vorable views.

From Henry Brewerton.

U.S. Minitary AcapDEmy,
West Point, N. Y., December 18, 1848.

After carefully looking over the Programme, I find noth-
ing to suggest, by way of improvement, in the details of
the plan adopted for carrying out the bequest of Mr. Smith-
son.

From Francis Wayland.

Brown UNIVERSITY,
Provipenceg, R. I., December 19, 1848.

I have been for some time acquainted with the Pro-
gramme of the Smithsonian Institution, and have deliber.
ately reflected upon the plans which it unfolds for carrying
into effect the benevolent designs of the testator; and it
gives me great pleasure to assure you that I cordially ap-
prove of them. In the first place, I can conceive of no
other method by which Mr. Smithson’s object, to increase
and diffuse knowledge among men, could be so literally and
completely realized. In the next place, the work which it
aims to accomplish is of inestimable importance, and it can
be accomplished by no other institution now existing in
our country. You will thus be enabled to render most

G2

978 LETTERS ON PROGRAMME OF ORGANIZATION.

efficient aid to every other literary and scientific institution,
without interfering with the labors of any, and you will at
the same time disseminate original knowledge in every
country on the globe. A new impulse will thus be given
to investigation in every department of science; and
learned men will know that through you they will be able
to make their discoveries available to their brethren through-
out the civilized world. Time and experience may very
possibly suggest modifications of your original plan, and
for these modifications it will be always prepared. I, how-
ever, know of none which I would wish to propose.

I think you have been fortunate in commencing the series
with the volume on “ The Ancient Monuments in the Mis-
sissippi Valley.”’ It is an addition to human knowledge and
peculiarly adapted to the present condition of ethnological
inquiry. It can not fail to be well received both in this
country and in Europe.

From Leonard Woods.

Bowpo1n CoLieuce,
Brunswick, Mr., December 23, 1848.

I am happy to take this occasion to express the great
satisfaction with which the gentlemen of our college faculty
have examined the comprehensive plan presented in the
Programme of Organization of the Smithsonian Institution,
and their disposition to co-operate by every means in their
power in promoting the object of the Institution.

From W. Peronneau Finley.

CoLLEGE OF CHARLESTON,
Cuareston, 8. C., December 25, 1848.

I hardly need say that the “ Programme of Organization,”
&c., a copy of which accompanies your letter, is, in my
opinion, most admirably adapted to effectuate the objects
of the Institution. I have no suggestion to make which
could render the scheme adopted more perfect.

From EH. D. Mac Master.

Miami UNIVERSITY,
OxForD, Outo., December 28, 1848.
The Programme of the Institution, which you did us the
honor to send, appears to us to be conceived in a liberal

LETTERS ON PROGRAMME OF ORGANIZATION. 979

spirit, and formed with a comprehensiveness of scope well
befitting the design of this great Institution; and we look
with much confidence for valuable results from it under its
present direction in accomplishing that design.

I take the liberty of suggesting what I suppose is in-
cluded, though not specifically mentioned, under your first
title of subjects, the subject of thico-Political Science ;
especially the origin, constitution, objects, and ends of the
State, and its relations to other institutions, as the church,
the family, the various societies, purely voluntary, existing
among men, &c., &c., as one worthy of being commended
to the notice of some able and well-qualified men among
your collaborators. We claim that our political system
pre-eminently rests upon an ethical foundation, and is
essentially grounded upon the natural rights of man; and
that our country occupies, in this respect, a peculiar position
in relation to the other nations in their great progress to-
ward the new political order to which they are making
their way. It would seem to be peculiarly fitting that an
Institution, founded by a foreigner and committed to the
Government of this nation as a trustee, for the increase and
diffusion of knowledge among men, should promote expo-
sition and elucidation of the theory of the State, in its own
nature and its relations—a subject not yet well understood
by the nations, perhaps even by ourselves. And though I
am aware of the causes which make it more difficult for
such an Institution as yours to undertake the discussion of
moral and political subjects than those of physical science,
or of literature and art, yet I would hope, on the one hand,
that writers on such a subject would go deep enough toward
the foundation of things to get beyond the troubled waters
at least of party-politics; and that, on the other hand, there
would be, on the part of their readers, such a manly spirit
of confidence in the power of truth as not to be atraid of
such admixture of error, real or supposed, as might be un-
avoidable. But I submit the matter to your consideration,
merely making the suggestion.

From Charles Martin.

Hamppen Sipney Cotiece, Va., December 27, 1848.
Some two or three months ago, while temporarily officiat-
ing as president of our college, I received one number of
the ‘Smithsonian Contributions to Knowledge — The
Ephemeris of Neptune for the Opposition of 1848.” Con-
stant occupation, and the pressure of care at that tinre pre-

980 LETTERS ON PROGRAMME OF ORGANIZATION.

vented a prompt acknowledgment of the favor conferred on
the college.

But I seize the first comparative leisure afforded me to
express my thanks, on behalf of the college, for this contri-
bution; and may I not embrace the occasion to say that I
feel deeply interested in all the movements of this noble,
most remarkable, and somewhat singular Institution over
which you preside.

This Institution is one of the most striking educational
features of the age, and peculiarly characteristic of our
country and her bold, liberal, practical spirit, and in it, as
such, I take pride, and rejoice. Though we are indebted
to a foreigner for its liberal foundation, yet great glory
must accrue to our Government, which seems to be the
only one on earth capable of accomplishing the generous
and philanthropic purposes of the donor.

Tin common with all my fellow citizens who are inter-
ested in the increase of knowledge, shall hail with joy every
addition you make to science, every encouragement you
afford to the inquiring, and every impulse you give to
the American mind. The christian and patriot must hope
for, and rejoice in, the success of this noble Institution.

From A. S. Packard.

Bowpo1n CoLueE@e,
Brunswick, Mz., December 28, 1848.

As regards the volume which has been issued ‘by the
Smithsonian Institution, I may be allowed to state my per-
sonal gratification in this ‘ contribution” to our knowledge
of a past and forgotten race. Some years since I was much
interested in the subject and pursued my inquiries with
such aids as were then accessible. I have been much struck
therefore with the clearness, definiteuess and reliability of
the investigation which this volume contains; and I cannot
but think, that this first ‘“‘ contribution ” of the Smithsonian
Institution will be received as an earnest of the great good
it may accomplish for our country.

From John Chamberlain.

OAKLAND CouueGE, Miss., December 80, 1848.

As to the programme which has been adopted by the Re-
gents, it receives my entire approbation—because of its
worthy Secretary, and his associates by whom it was pro-
jected—who are deserving unqualified confidence for their
ability to devise and manage for. the best interests of such

LETTERS ON PROGRAMME OF ORGANIZATION. 981

an Institution. And in respect to co-operating in cases
where it may be required, and where we have the ability to
do so, will be most cheerfully given.

From A. OC. Kendrick.

Mapison UNIvERsITY,
Hamiton, N. Y., January, 1849.

Owing to the peculiar circumstances of our Institution
being without a president, and an exciting question pend-
ing as to its location, and also some questions pertaining to
its organization being yet unsettled, you will not, I trust,
regard it as disrespectful that your valuable communication
has remained so long unacknowledged.

Permit me in the first place, as the librarian of the Insti-
tution, to tender to you our sincere thanks for the very
valuable donation which we have received from your Insti-
tution, and the deep interest which we feel in its objects and
prosperity. As you request the president’s opinion, if he
approves the plan of the Institution and suggestions, I sup-
pose that in the absence of a president, you will scarcely
expect an answer to these questions. Permit me to say,
however, that having examined the Programme of Organi-
zation, I am deeply interested in it, and highly gratified
with, and feel confident that it cannot but prove a most
powerful auxiliary to the cause of sound learning and
refined taste in this country. I shall submit the paper to my
colleagues, and any suggestions which they may make [I
shall forward to you. The only suggestion that has
occurred to me is the inquiry whether ancient literature, con-
sidering the intimate connection which it sustains with
modern, being in no slight degree its source and parent, and
also considering this liability to be pushed aside by the
enlarging boundaries and exciting nature of scientific studies
and of modern literature, might not justly have a place
among the specific objects to which the Smithsonian Insti-
tute shall devote its inquiries. Is not the total omission of
this subject a defect in the plan of a national institution so
comprehensive as that of the Smithsonian Institution ?
Considering also the connection of the ancient literature
with the fine arts, do we not find an additional reason for
including this branch of study. Deeply penetrated as I am
with the conviction that the ancient languages and litera-
ture must ever hold an indissoluble connection with the
highest liberal culture, I can scarcely reconcile myself to the
the entire omission of this class of studies in the plan of In-

982 LETTERS ON PROGRAMME OF ORGANIZATION.

stitution. Still Iam aware that it is measurably embraced
under the head of comparative philology, which can scarcely
be pursued a step without calling into requisition the
ancient, classical, and oriental members of the Indo-Euro-
pean family ?

You will pardon, gentlemen, this suggestion, which is.
not made in any spirit of fault-finding or dictation. I have
entire confidence in the competency of the gentlemen to
whom the management of the Institution is entrusted, and
doubt not they will give such scope to its plans and effects
as will conduce most largely to its usefulness.

From Philip Lindsley.

UNIVERSITY oF NASHVILLE,
NasHVILLE, TENN., January 5, 1849.

I have carefully examined the “ Programme,” and I cor-
dially approve it. Of course, I have no suggestions to offer.
I rejoice that the Institution is fairly at work under the
most favorable auspices, and with every prospect of fully
meeting the highest anticipations of its friends and of the
public generally.

From Benjamin S. Ewell.

‘WILLIAM AND Mary Co.Luzce,
BuckianpD, Prince WitiiaM Co., Va., January 8, 1849.

It would give me great pleasure, had I the opportunity or
the power, to co-operate with you in founding the Smith-
sonian Institution on a permanent basis, and in extending
its sphere of usefulness in the manner requested in your
circular, dated November 17th, 1848. I have read the
‘* Programme of the Institution,” and it appears to me to
be so full and so complete, in every respect, that there is no
room for suggestions of alterations or additions. I will ask
if nothing is to be said in the “ reports, giving an account
of the new discoveries in science” on the progress of math-
ematical science, and if the close connection between this
science and some of those mentioned does not demand that
something be said of it? Is there any science in which so.
little has been effected by Americans as in this?

From Andrew Wylie.
InpIANA UNIVERSITY,
Bioomineton, Inprana, January 9, 1849.

As you have requested, I venture to make the suggestion
whether an annual review of the current, or rather of the

LETTERS ON PROGRAMME OF ORGANIZATION. 983

emergent literature of the United States, to be published
somehow under the auspices of the Smithsonian Institution,
might not do good, requesting all authors to send the off
spring of their brain to the Institute for inspection, dissec-
tion, rejection, selection, as the case might require. Most,
we may suppose, would be inspected and rejected at sight;
still a good thing worth preservation might be picked out
now and then which otherwise the public would know
nothing about.

From A. P. Stewart.

CUMBERLAND UNIVERSITY,
Lepanon, TEnn., January 9, 1849.

I am requested by the faculty of this institution, to say,
in reply to your communication to the president of 17 Nov.
last, that the Programme of the Smithsonian Institution, a
copy of which was enclosed with the communication re-
ferred to, is highly approved by them. From the examina-
tion they have been able to give to the subject, they are of
the opinion that the plan adopted, is, perhaps, the best that
could have been devised for promoting the objects of the
testator. They feel greatly interested in the success of an
Institution, whose objects are the increase and diffusion of
knowledge among men, and will cordially co-operate in
furthering these ends, so far as they may be able or as may
be required; but are not aware of any important sugges-
tion they could make, that has not already occurred to the
managers of the enterprise, in whose wisdom and ability
they have full confidence.

From C. W. Parsons.

RuoveE Istanp Hisroricau Socrety,
PRovipENCcE, January 17, 1849.

The donation from the Regents of the Smithsonian In-
stitution, with the accompanying circular, programme, &c.,
presented to the Rhode Island Historical Society, were duly
received, and a committee was appointed with instructions
to report a suitable reply. At the regular meeting, Janu-
ary 16th, this committee made a report, through its chair-
man, Prof. Gammell of Brown University. The following
resolutions, recommended in this report, were, after full con-
sideration and discussion, unanimously adopted by the
Society.

984 LETTERS ON PROGRAMME OF ORGANIZATION.

“<1, Resolved, That the thanks of the Society be presented
to the Regents of the Smithsonian Institution, for the copy
of the first volume of the Smithsonian Contributions to
Knowledge, lately received from them—a work which we
deem of the highest value and importance in the depart-
ment of knowledge to which it relates.

“2. Resolved. That in the opinion of this Society, the
programme of the Institution submitted in connection with
the above-named volume, embraces a comprehensive and
impartial survey of the entire field of human knowledge ;
that, though it contains the fnllest provision for promoting
the various departments of natural science, yet it by no
means neglects the cultivation of general literature, art, or
history, and that the plan which it unfolds of collecting a
library, of encouraging investigation and research, and pub-
lishing their results, is in the good judgment of this Society,
worthy of the approbation of the public, and of the co-op-
eration of literary and scientific bodies and individuals
throughout the country, and is in all respects suited to fur-
ther the “increase and diffusion of knowledge among men,”
the high ends had in view by the munificent founder of the
Institution.

“© 3. Resolved, That this society respectfully commends to
the consideration of the Regents, as worthy of a prominent
place among the subjects of their countenance and patron-
age, the science, statistics, and the various public interests
and results connected with popular education, as it is found
in the different countries of the civilized world.

“4, Resolved, That the Secretary be requested to furnish
the information concerning the collections of this society,
which is asked for in the Circular of the Regents of the
Smithsonian Institution, and also to transmit to the Secre-
tary of that Institution a copy of the foregoing resolutions.”

The circular and inquiries are in the hands of the appro-
priate officers, and the information requested will be early
forwarded.

From David Elliott.

WESTERN THEOLOGICAL SEMINARY,
ALLEGHUENY City, PENN., January 30, 1849.

The Programme submitted embraces a range of subjects
of great utility, and, as far it goes, meets my approbation.
The discussion of these various subjects, by competent per-
sons, and the diffusion of knowledge respecting them, can-
not fail to elevate the literary character of the country, and
add to its general intelligence.

LETTERS ON PROGRAMME OF ORGANIZATION. 985

As you have invited suggestions, I would respectfully
submit whether natural theology and the evidences of
Christianity might not be included in the second class of
subjects to be embraced in the reports. These are not so
strictly professional as to forbid their admission to a share
in the labors of an Institution established ‘for the increase
and diffusion of kuowledge among men.” Lord Brougham,
who has written a treatise on the former, has defined ‘ the
place and the claims of natural theology among the various
branches of human knowledge ”’—(Dedication to his Dis-
eourse on Natural Theology.) And Addison, Soams,
Jenyns, and Erskine, without any professional sympathies,
have considered the evidences of Christianity a legitimate
subject of historical and philosophical inquiry. Might not
these subjects, then, be added to your list without impinging
upon the liberal and catholic character of your Institution ?

From the American Antiquarian Society.

Worcester, Mass., January 31, 1849.

The Publishing Committee of the American Antiquarian
Society, to whom was referred the ‘“‘ Programme for the
Organization of the Smithsonian Institution,” beg leave to
report as follows:

The joint letter of the Secretary and Assistant Secretary
of the Institution, which accompanied the copy of the Pro-
gramme forwarded to this Society, contains the following
request:

‘Should the Programme meet with your approbation,
we beg leave to request that you will favor us with a written
expression of your approval; that you will furnish us with
any suggestions relative to the subject which may be deemed
of importance, and give us your co-operation in cases where
it may be required.”

Although the plan of organization proposed for consider-
ation has now been so long before the public, sustained and
sanctioned by able men and learned associations most com-
petent to judge of its merits, as to render further testimony
of little importance, the Antiquarian Society are happy to
avail themselves of the opportunity to express their interest
in the purposes of the Smithsonian Institution, their confi-
dence in the gentlemen to whom the management of its
concerns has been intrusted, and their cordial desire to co-
operate in whatsoever manner the objects of their own
establishment may render practicable.

986 LETTERS ON PROGRAMME OF ORGANIZATION.

The system suggested by Professor Henry, and his assist-
ant, is so concisely yet clearly stated by themselves, that it
is difficult to present its general principles, and the modes
of operation which it contemplates, in an abridged form.
If, however, the leading principles are just, it may be safe
to conclude that a judicious application of them in practice
will result from the present wisdom, or ultimate experience,
of those who are charged with their administration.

The proposed organization is deduced from certain gene-
ral considerations which are expressed in the form of an
introduction to the details of the plan. The most prominent
of these are—‘ Ist. That the property is bequeathed to the
United States, to found at Washington, under the name of
the Smithsonian Institution, an establishment for the in-
crease and diffusion of knowledge among men. 2d. The
bequest is for the benefit of mankind ; the Government of
the United States being merely a trustee to carry out the
design of the testator. 38d. The Institution is not a national
establishment, as is frequently supposed, but the establish-
ment of an individual, and is to bear and perpetuate his
name. 4th. The objects of the Institution are—1st, to in-
crease, 2d, to diffuse knowledge among men. 5th. These
two objects must not be confounded with one another. 6th.
The will makes no restriction in favor of any particular
kind of knowledge; hence all branches are entitled to a
share of attention.”

In accordance with the foregoing, and other deductions
from the will of Smithson, it is proposed to increase knowl-
edge in two ways, viz.: ‘To stimulate men of talent to
make original researches by offering suitable rewards for
memoirs containing new truths; and, secondly, to appro-
priate annually a portion of the income tor particular re-
searches, under the direction of suitable persons,” the
results of these researches to be published in a series of
volumes, entitled Smithsonian Contributions to Knowledge.
As asecurity against the adoption of unverified speculations
or imperfectly conducted researches, it is suggested, that
every memoir should be submitted for examination to a
commission of persons of reputation for learning in the
branch to which the memoir pertains, and to be accepted
only in case the report is favorable. Moreover, a positive
addition to human knowledge, resting on original research,
is to be demanded; and the appropriations in different
years are to be to different subjects, so that each branch of
knowledge may receive a share.

It will be seen that, in this division, the increase and the

LETTERS ON PROGRAMME OF ORGANIZATION. 987

diffusion of knowledge are both combined, as of necessity
they must be. But for the simple diffusion of knowledge
already in existence, another arrangement is contemplated,
viz.: Ist. ‘* The publication of a series of reports, giving an
account of the new discoveries in science, and of the changes
made from year to year in all branches of knowledge not
strictly professional.” 2d. ‘“* The publication of separate
treatises on subjects of general interest.” It is proposed
that the reports shall embrace not only physical, but moral
and political subjects, and also literature and the fine arts;
similar precautions with those before stated being adopted
to insure the substantial value of whatever shall be published.

This scheme of operation it is supposed may be carried
into execution, in accordance with the act of Congress which
requires the formation of a library and museum, by divid-
ing the income into two equal parts—one part to be appro-
priated to the increase and diffusion of knowledge, by means
of publications and researches, as already stated; the other
to be appropriated to the formation of a library, and a col-
lection of objects of nature and art.

It is understood that the interest which has accumulated
on the bequest of Mr. Smithson, since it came into the
possession of our Government, furnishes a fund sufficient
for the erection of such edifices as are immediately required ;
and when we reflect that the collections of the Exploring
Expedition, those of the Commissioner of Indian Affuirs,
and those of the Patent Office, and the deposits that are
constantly flowing into the Government from all parts of
the world, through the agency of our army and navy oflicers,
and consuls, may, according to the act of Congress, estab-
lishing the Smithsonian Institution, be entrusted to its care,
it will be perceived that little outlay need be devoted to
the museum and cabinet beyond the expenses of arrange-
ment and supervision.

For the foundation of a library, the Programme contem-
plates, first, a collection of such works as are required for
conducting its active operations, viz., the transactions and
proceedings of all the learned societies in the world, the
current periodical publications necessary in preparing peri-
odical reports, and such catalogues of books, and other
materials, as will render the Institution a centre of biblio-
graphical knowledge, whence the student may be directed
to any work he shall require; and, in addition to these, the
valuable books first purchased to be such as are not now to
be found in the United States.

In the above summary, it is believed, are embraced the

988 LETTERS ON PROGRAMME OF ORGANIZATION.

leading and controlling principles of organization and oper-
ation embodied in the Programme, omitting details that
simply elucidate their practical execution.

There are, however, two practical suggestions that are
worthy of being particularized. One is, that the Institu-
tion should aim to produce results which cannot be produced
by the existing institutions of the country. The other, that,
as in proportion to the wide field of knowledge to be culti-
vated, the funds are small, economy should be consulted in
the construction of the buildings; and not only the first cost
of the buildings be considered, but the expense of keeping
them in repair, and of the support of the establishment
necessarily connected with them. Moreover, that there
should be but few individuals supported by the Institution.

Two officers only are named as demanded by the present
wants of the Institution. The Secretary, who is general
superintendent of the literary and scientific operations, and
editor of its publications, and the Assistant Secretary, who
is acting librarian, and joint editor of the publications of
the Institution. These officers are also expected, occasion-
ally, to illustrate new discoveries in science, and exhibit new
objects of art, by lectures during the session of Congress.

It is certainly gratifying to feel assured that the splendid
bequest of Smithson is not to be exhausted in costly build-
ings, like the great public legacy of a late American citizen.
It is well, also, that the trust is not to be in a measure per-
verted to local purposes, by confining its resources to the
establishment of a national library. The plan of rendering
it the seat and centre of vital energy and activity to the
science and literature of a youthful republic, an ever pul-
sating heart, distributing life and strength throughout the
body politic of letters, prompting, sustaining, and guiding
every department of intellectual exertion here, and thus
effecting an influence upon mankind at large, is not only
more accordant with the intentions of the philanthropic
testator, but is in itself a nobler enterprise. As an expo-
nent of universal science for our whole country; as the
headquarters of bibliographical information ; and as a reg-
ister of the progress of knowledge, where the latest achieve-
ments of the human mind may be found—in mercantile
phrase—“ posted up” for convenient reference, and the
farthest footsteps of the last traveller in the paths of learn-
ing duly noted for the benefit of subsequent adventurers,
the Smithsonian Institution may equally fulfill the design
of its founder.

It is true that its operations will sometimes be carried into

LETTERS ON PROGRAMME OF ORGANIZATION. 989

fields for whose culture particular institutions have been
established ; yet no ungenerous rivalry need spring from
this cause. Its earliest enterprise happens to have been
upon ground first occupied by our own association; and
the beautiful manner in which the pioneer labors of this
society have been illustrated, verified, and extended, by the
elaborate and expensive publication of recent investigations,
ean nowhere afford more sincere gratification. But the
Smithsonian Institution is destined to occupy a position
that no other does fill or can fill ; its labors are for the com-
mon benefit of our country’ and mankind; and institutions
of a more limited character should (each in its sphere) be
disposed to render heartily such co-operation as is appro-
priate to the purposes of their respective foundations.

All which is respectfully submitted.

For the committee :

Sam’L I’. Haven, Chairman.

Ata meeting of the council of the American Antiqua-
rian Society, January 31, 1849, the foregoing report having
been read and accepted, it was—

Voted, That a copy be transmitted to the Secretary ot
the Smithsonian Institution.

Attest : Saw’. F. IAven,

Recording Secretary pro tempore.

From Henry Smith.

MarieTTa COLLEGE,
Marietta, Ouro, February 1, 1849.

Highly approving the principles and plan set forth in the
“Programme of Organization of the Smithsonian Institu-
tion,” it will give both myself and my colleagues great
pleasure to co-operate with the conductors of the Institution
in any way in our power, in accomplishing the benevolent
and important designs which it has in view.

From B. Manly.

UNIVERSITY OF ALABAMA,
TuscaLoosa, ALA., Mebruary 5, 1849.

The Programme of the Smithsonian Institution we have
examined, and find nothing to suggest, save this, that the
longitude of places, where occultations and lunar culmina-
tions are regularly observed, may be determined independ-
ently of solar and lunar tables, it is desirable that these
observations be statedly published. We have thought that

990 LETTERS ON PROGRAMME OF ORGANIZATION.

the Smithsonian Institution might undertake to do this, in
a monthly or quarterly bulletin.

We will cheerfully co-operate in the astronomical depart-
ment (now under the charge of Prof. L. C. Garland) by
observing as many occultations as circumstances permit.

As respects a meteorological journal, or a series of obser-
vations in that department, our officers are collecting and
repairing the few imperfect instruments we have, and are
willing to do all they can. But they apprehend that, with-
out more perfect means at their command, they will not be
able to do enough to serve the purposes of scientific induc-
tion.

From Joseph Estabrook.

East TENNESSEE UNIVERSITY,
Kwoxvi.tuE, Tenn., February 9, 1849.

At a special meeting of the Faculty of East Tennessee
University, held 9th February, 1849, the President pre-
sented the “ Programme of Organization of the Smithso-
nian Institution, accompanied by a circular of the Secretary
and Assistant Secretary, asking his views in relation thereto,
and requesting his co-operation in cases where it may be
required.

The President expressed his desire that the Faculty would
consider this part of the circular as addressed to them col-
lectively, rather than to himself individually ; whereupon it
was—

Resolved, That the Faculty take a lively interest in the
operations of the Smithsonian Institution; that they have
carefully examined the Programme put forth by the Secre-
tary, and, in general, highly approve the views therein
contained, and that they will cordially co-operate with the
officers of the Institution in their high endeavors ‘for the
increase and diffusion of knowledge among men.”

It was observed by the professor of natural sciences that
he had commenced a caretul series of meteorological obser-
vations expressly for the Institution ; and other members of
the Faculty expressed their willingness to prepare memoirs
on subjects connected with their respective pursuits.

From F. A. Muhlenberg, Jr.
FRANKLIN COLLEGE,
Lancaster, Penn., February 10, 1849.

Permit me to state, in reply to your interrogatory, that in
general, I approve of the plan of organization, &c., as con-

LETTERS ON PROGRAMME OF ORGANIZATION. 99]

tained in the pamphlet you sent me, and think it excellent
and judicious. Of course difference of mental or bodily
constitution, natural or acquired preferences, will cause men
to differ as to the minute details of any plan prepared by
others, and perhaps to find fault with, as they think, the too
great prominence given to particular branches. This might
be the case with myself, but I do not regard it of sufficient
importance to communicate; for if such be the fact, it will
correct itself in time. The practical working of the Insti-
tution will show better than all theories the best improve-
ments of the plan of organization. As a commencement,
in my humble opinion, the plan is a very excellent one; and
under the superintendence of its distinguished and able
officers, I have no doubt it will be very successful in pro-
moting the noble object of Smithson, “the increase and
diffusion of knowledge among men.” Though, however, in
the language of Smithson, ‘the man of science has no
country,” I think a good degree of preference ought to be
shown to American and English authors.

From Horace Webster.

Free Acapremy, N. Y., February 17, 1849.

The Programme accompanying your communication was
duly received. It contains, so far as lam able to judge,
all that is essential and important to a most wise and judi-
cious organization of the Smithsonian Institution.

From David L. Swain.

University oF Nortu CAROLINA,
Cuapet Hii, February 17, 1849.

I have examined carefully the Programme of the Smith-
sonian Institution. It appears to me to be exceedingly
comprehensive, and, in general, to be well arranged. Were
I impressed even less favorably with the leading features
of the scheme, I should hesitate about proposing immediate
alterations. Time, the greatest, though most gradual of
innovators, may disclose defects and suggest improvements,
and I can but think it will be commendable prudence to
permit the Institute to abide this test, under its present
organization.

It will afford me high gratification to have it in my power
to co-operate in any measure which may promise in any de-
gree a fulfilment of the great design of the founder.

992 LETTERS ON PROGRAMME OF ORGANIZATION.

From Josiah L. Pickard.

PLATTEVILLE ACADEMY,
PLATTEVILLE, Wis., March 18, 1849.

The Programme, contained in the report, meets our
hearty approval; and I am authorized by the board of trus-
tees of this institution, by a resolution passed at their last
meeting, (a copy of which you will please find below,) to
assure you of all assistance in our power to render, for the
furtherance of the noble ohjects contemplated by the Smith-
sonian Institution.

From S. A. Bronson.

KENYON CoLLEGE, ~

GAMBIER, Ou10, March 15, 1849.
With your Programme I am highly gratified, and shall
be happy to further your objects in any way that I am able.
In pursuance with this, I would now suggest the propriety,
if it falls in with your plan, and you are prepared to ask it,
to call upon H. L. Thrall, M. D., professor of chemistry in
this institution, to furnish a report upon the present state of
the knowledge of electricity, and its relation to light, heat,
gravitation, &c., &c.; in short, of the axial forces of matter,
I think he would make a report that would not only tend
to diffuse knowledge, but to increase it upon this interesting

topic.

From John Williams.

TRINITY COLLEGE,
Hartrorp, Conn., Jarch 20, 1849.

It must be quite superfluous for me to even express ap-
probation of a plan so wisely matured and digested as that
contained in the Programme; and it would be more than
superfluous to suggest any improvements. If I might, how-
ever, venture in a word, I would express the hope that a
good deal of attention will be devoted to the publishing
of works bearing on our history. There are many such
works which will see the light in no other way.

From D. NN. Sheldon.

WATERVILLE COLLEGE,
WATERVILLE, Mz., March 24, 1849.
T have taken some time to consider the subject, and now
say in a single sentence, and in a general way only, (fori
there is no time to go into details,) that the plan of organi-

LETTERS ON PROGRAMME OF ORGANIZATION. 993

zation set forth in the Programme appears to me to be com-
prehensive and satisfactory.

From B. H. Ragsdale.

JACKSON COLLEGE,
Cotumbia, Tenn., April 25, 1849.
The Programme has come to hand, but not having exam-
ined it thoroughly we can express no decided opionion for
or against it.
Be assured that we will gladly co-operate with you in your
enterprise, so far as we can under the circumstances.

From W. F. Hopkins.

Masonic UNIVERSITY OF TENNESSEE,
CLARKSVILLE, Jay 11, 1849.

So noble a beginning speaks highly of the liberal spirit
in which the objects of the Institution are to be carried out.

Permit me to express my unqualified admiration of the
plan of operation developed in your Programme. It seems
to me to combine, most wisely and happily, the utmost
practicable liberality, with the most faithful regard to the
expressed will of the founder. I need not say that if, in
my limited sphere, I can contribute, even in the humblest
degree, to the grand and beneficent objects of the Smithso-
nian Institution, I shall feel both proud and happy in doing
80.

From B. P. Johnson.

STaTE AGRICULTURAL Rooms,
Aupany, N. Y., May 14, 1849.
Tam highly pleased with the Programme of the Smith-
sonian Institution, and it will give me great pleasure to
furnish you, on the part of our Society, every co-operation
in our power, to enable you successfully to carry out the
very laudable objects of the Institution.

From J. S. Bacon.

CoLUMBIAN COLLEGE,
Wasuineton, D. C., July 28, 1849.

I will only say, in general terms, that I like the “ Plan”
presented—in most respects, much. It covers a very wide
field, and is well calculated to direct the attention of intelli-

63

994 LETTERS ON PROGRAMME OF ORGANIZATION.

gent men to a vast number of interesting and important
objects to which their researches and observations ought to
be extended. It exhibits too, in a very striking light, the
great deficiency which exists among us in the means and
resources for conducting extensive inquiries, or for pursuing
thorough investigations upon many—nay, indeed, upon
almost any important subject. With this view, my own
feelings would have led me—and I dare say I am not alone
in this—to desire that a greater share of the appropriation
should have been made—at first—for the purchase of books
and for the more rapid accumulation of such a library as is
ultimately contemplated, and a greater share also to provid-
ing apparatus and instruments—al] the means and facilities
requisite for pursuing original scientific investigations on a
more extended scale here, in Washington. I should prob-
ably have given to the will of the donor a somewhat stronger
interpretation in that direction, especially as he chose to
give to his Institution “a local habitation and a name,”
here, in the metropolis of the nation. Still, this might
have been deemed less liberal and less catholic in spirit, and
it is, perhaps, better as itis. I certainly have the greatest.
confidence in the wisdom and discretion of the able and
judicious men who have adopted the present arrangement,
and should not for a moment think of placing my own
judgment in competition with theirs.

The objects embraced in the present plan are all of them
important, all valuable, and I should feel the greatest pleas-
ure in being able to contribute, in the smallest degree, to
the attainment of any of them. Great credit is certainly
due to those who have conceived, and thus far matured
the plan for the liberality and comprehensiveness of their
views. And it cannot be doubted that all the true friends of
learning—all who can appreciate the value of real knowl-
edge and the importance of its “diffusion among men ”’—
will hail with pleasure the adoption of such a plan, with
such means for carrying it into execution, and will be ready,
by their countenance and co-operation, to aid in carrying
out its noble objects to their fullest and happiest results.

Permit me, gentlemen, to congratulate you upon the very
favorable auspices under which your labors have been com-
menced, in connection with the Smithsonian Institution,
and to express the hope that, in your future efforts, with
the ample means placed within your reach, “ for the increase
and diffusion of knowledge among men,” you may not only
be cheered by abundant evidences of success, but by the
approbation of a liberal and enlightened public.

INDEX.

ae

Aboriginal mounds, notice of, Squier and Davis,
memoir on, 966.

Abstract researches to be preferred, Henry, 951.

Accountant General of Court of Chancery, 9, 11.

Account of Richard Rush with Thos. Aspinwall,
103-105. :

R. Rush with United States, 40, 54, 107, 113.

President of the United States vs. Drum-
mond, Smithson’s bequest, 79.

annuity of Mary Ann de la Batut, 80.

U.S. Treasury with Smithson Fund, 803.

charges on Smithson packages shipped per
“ Mediator,” 105 +

Accounts—See State stocks.

Act of Congress, authorizing President to pros-
ecute claim of U.S. to bequest of Smith-
son, 147.

making appropriation of $5,000 for prosecu-
tion of bequest, 158. :
that Smithson bequest shall be invested in
State stocks, 158.
for relief of Richard Rush, 261. és
to retain proceeds of sales of lands from
St tes in default of interest, 351.
organization of S. I., passage by House of
Representatives, 473; by Senate, 353.
history of passage of, Barlow, 919; Morse,
503; Upham, 392.
construction of, Badger, 555; Barlow, 915;
Douglas, 550; English, 583; Choate, 536;
Pearce, 537; Upham, 591, Witte, 608.
report of Judiciary Committee on, 563; re-
ports of Investigation Committee, 589, 608.
digest of, by Prof. Henry, 758.
how to be amended or repealed, 762.
amendment of, relative to National Insti-
tute, 684, 685.
amendment of, relative to Governor of Dis-
trict to be Regent, 723, 725.
relative to increase of trust fund, 132.
authorizing Regents of Institution to use
library of Congress, 733, 741.

Act of Parliament in 1834 relative to estates, 34.

Active operations of S. I., account of, Witte, 616.
Henry, 951.

approved by American Antiquarian Society,
988; Agassiz, 588, 619; Pearce, 542.
disparagement of, Meacham, 635.
incumbered by Congress, J. Davis, 510,
Adams, C. F., correspondence with, 126,
ower of attorney forwarded to, 125.
Adams, John, works of, given toS. L., 521.
Adams John Quincy, bill, 199, 226, 258, 299, 434,
65.

committee, 148, 171, 200, 247, 266, 354.
extracts from Diary of, 763.
letter of, to Christopher Hughes, 229.
proposed application of bequest, 371, 397,
842, 846. See Committee.
plan of, discussed, Barlow, 913.
resolutions offered by, 186, 198, 199,
434, 462, 463, 464,
remarks by, 410, 439, 440, 443, 452, 454.
sketch of Smithson by, 150.
Address. See Barlow; Darlington; Poinsett.
Advertisements to obtain information as to
heirs of Smithson, 24, 25, 26.
Agassiz, Louis, on management of S. I., 586.
proposed as Regent, 675.
elected Regent, 677, 682 711, 720.
views of, in regard to libraries, 587, 620,

260, 265,

Agent to be appointed to prosecute claim to
bequest, 147.

Agricu tural peperiments, Barlow, 913.

Agricultural school and farm, memorial in fa-
vor of, Fleischman, 171, 186.

memorial in favor of, from Kentucky State

acura Society, 200; from Agricultu-
ral Society of United States, 261; from H.
C. Merriam, 265; from citizens of Massa-
chusetts, 301.

Agrioultural University proposed, A. Johnson,
8

Agriculture to be promoted by S. L, Cooper,
838 ; Darlington, 905; Embree, 490; Hamilin,
458; Henry, 946; Hubbell, 863; Stanton, 401.

Airy, Rey. Geo. B., account of Greenwich Ob-
servatory, 230,

Alexander, Col. B.S., estimates $100,000 for re-
pair of building, 689.

testimony relative to the fire, 686,

Allen, William, remarks by, 343.

resolution offered by, 350.

Allen, W., President of Bowdoin College, me-
morial from, 848.

American Academy of Arts and Sciences, ap-
proval of plan of Prof. Henry, 618.

on programme of organization, 964.

American Antiquarian Society on programme
of organization, 985.

American history, Chapin, 858.

American Institute, address before, on Smith-
son’s bequest, Barlow, 910.

American institutions, Chapin, 858; Rush, 852.

American law, Chapin, 858.

American Philosophical Society, memorial in
favor of management of S. I., 585.

views of Mr. Duponceau, president of, 895.
American studies preferred, Chapin, 858.
Amherst College, Mass., on programme of or-

anization, 976.

Analysis of soils and plants, Henry, 946; Tap-
pan, 305.

Anatomy, Wayland, $40.

Ancient inhabitants, researches as to, Henry,
955.

Ancient literature and languages, Kendrick,
981.

Anderson, Mr., petition of De la Batut sent
through, 37.

Animals and insects, history and habits of use-
ful and injurious, Tappan. 302.

Animals, rearing and care of, Hubbell, 863.

Annals of Congress given to the S. L, 521.

Annals of Philosophy, Smithson’s papers in,
866.

Annuity allowed from Smithson’s bequest, 9, 80,

Anthony, H. B., remarks by, 728, 729.

resolutions by, 683, 702, 706, 707, 710, 711, 721,

724, 725, 728, 733, 748, 753.

Antiquarian Society designed for increase of

knowledge, Henry, 950.

Antiquities, American Antiquarian Society, 983;
Henry, 946.

Apparatus, Bacon, 994; Chapin, 859; Delta, 885;
English, 576; Gray, 967, 969; Hubbell, 862;
Rush, 852; Southern Literary Messenger,
893; Wayland, 841.

report organization committee, 940,
resolution of Regents, 943.

Appendix, value of, to Smithsonian Report, J,
Davis, 506.

Application of science to mechanic arts, Cha-
pin, 858.

995

996

Applications of Smithson’s bequest, proposed,
837

Appropriation by Congress of $5,000 to prose-

eute bequest, 158. A A.

for plates, &c., of exploring expedition, 681.

for repairs on S. I. building on account of
fire, $50.000 proposed, 704.

for Powell’s survey placed under direction
of S. L, 723.

for building for collections asked by Re-
gents, 748.

of $250,000 for fire-proof building for National
Museum, 753, 756.

for distribution of duplicates, 754.

for preservation of collections, 525, 654; de-
bate on, 654, 677, 709, 711, 716, 724, 754.

for Smithsonian grounds, 521, 522, 523, 524.

Appeopnaiors by Congress not for benefit of
S. L, Pearce, 664.

Appropriations for special researches, Henry,
945; report of organization committee, 934.

for different objects in different years, Prof.
Henry, 945. :
by Regents for objects of organization, 942,
arabe merchant, story of education of son
of, 874.
Arago, secretary of the Academy of Sciences,
aris, 941.
Arboretum, Owen, 355.
and conservatory of plants, Tappan, 263, 302.
professors of agriculture, horticulture, Tap-
an, 262, 303.

Architects, resolution to employ, 489.

Architecture, Chapin, 858; Silliman, 963.

Arkansas, action of House relative to arrears of
interest by, 466.

defence of State, R. W. Johnson, 500.
explanation of failure to pay interest, Yell,
453. 5

Arkansas stocks, investment in, 120, 237, 246,
252, 253, 268, 270, 294, 639, 640, 690, 804.

Art, copies of works of, Jewett, 959.

museum of, Gray, 969.

new objects of, Henry, 948.

resolution of inquiry why Institution had
not complied with law respecting, 508.

Art gallery, account of, English, 576.

Art of war, Wayland, 840.

Arts of life, epee reference to, Tappan, 302.

Art Union exhibitions, Henry, 947.

Asper, Joel F., resolution by, 722.

Aspinwall, Thos., account of, for shipment of
gold, 103; sales of stocks, &¢., 104, 105.

aid rendered by, to Mr. Rush in selling
stocks, 71, 116.

Assemblies, literary and scientific, Henry, 958.

Assistant Secretary, duty of, Henry, 948.

Assistants, required, Henry, 947, 948.

power of Secretary to discharge, Pearce, 545 ;
Witte, 623.

Astor, W. B., proposed as Regent, 654; election
as Regent, 672, 710, 711.

Astronomers royal of England, 219.

Astronomical bulletin, Manly, 990.

Astronomical discoveries, 216.

Astronomical instruments, cost of, 235.

Astronomical observatory, Adams, 199, 214, 259,
293, 298, 443, 845, 846; Chapin, 859.

estimate for, 228.
proposed, in Brunswick, Maine, 848.

Astronomical Society for increase of Knowl-
edge, Henry, 950.

Astronomical work done by United States, 395,

96.

Astronomy, promotion of, by S. I., Adams, 846;
Henry, 946; Hubbell, 863; Tappan, 262, 303;
Wayland, 840.

Atchison, D. R., Regents appointed by, 524.

Athenian plan of education, 162.

Athens, University of, Smithsonian publications
esteemed in, 586, 618.

Atomic theory of chemistry, Henry, 951.

Attorney General of England, suit by, 3.

no objection by, to settlement of suit, 57.

INDEX.

Attorneys’ bill of costs in Smithson case, 80.
Auboin, Mr., 2.
Auditor’s account of Smithson fund expenses,

54,
Authors, advantages to, afforded by Smith-
sonian Institution, Henry, 952.
experience of, in publishing works, Henry,
952.
preference should be shown to American and
English, Muhlenberg, 990.

=
Bache, A. D., of Washington, proposed as man-
ager of g. L., 334, 349.

proposed as Regent in Owen’s bill, 360.
elected Regent, 523, 651, 653.
appointed by Regents on committee on or-
ganization, 930.
appointed on committee on Smithson’s resid-
uary legacy, 126.
plan of finance by, Henry, 957.
suggestion as to library, ewett, 959.
Bacon, J.S., on programme of organization, 993
Badger, G. E., remarks by, 554, 560.
resolution by, 516.
elected Regent, 648, 651, 653.
proposed expulsion of, from Regents, 675, 682.
Bailly, Francis, on longitude, 848.
Baird, Prof., estimates for collections, 724, 725.
Ballou, L. W., resolution by, 754.
Bancroft, Geo., of Mass., proposed as manager
of S. I., 334, 349.
elected Regent, 733, 747.
consulted by J. Q. Adams, 849.
memorial relative to Centennial, 751.
Bangor Theological Seminary on programme
of organization, 972.
Bank of America, N. Y., gold deposited in, 111.
Bank of England, funds transferred to Mr.
Rush in, 68.
Bank of the State of Arkansas, 253.
Bankers of Smithson, Messrs. ‘Drummonds, AS
Banks, N. P., Speaker, appoints Regents, 649,
650. ;
Barlow, Rev. Wm., on public instruction and
Smithson bequest, 910.
address on the duties of Government, 910.
Barnard, Henry, proposed as Regent, 673.
letter from, withdrawing name as Regent,
674.
Barnard, D. D., House committee, 200.
Bates, Isaac C., remarks by, 330.
Bayard, Jas. A., report of Committee on Judici-
ary on management of Institution, 563.
remarks by, 563.
Bayly, Thos. .,, remarks by, 570.
Beaufort library destroyed by fire at 8. L, 687.
Beck, T. R., on the programme of organization,
961.
Bell, John, remarks by, 456.
Belles-lettres objected to, T. Cooper, 838.
Bequest, proposed applications of, 837.
better thrown into Potomac than applied to
normal instruction, Adams, 440.
nature of, motives of, &c., J.Davis, 701, 702.
object of, English, 581.
should be returned to heirs-at-law of Smith-
son, Jones, 465; Sims, 439, 465.
an insult to the American nation, Chipman,

432.
See Will, Smithson.
Berrien, Jno. MceP., Senate committee, 262, 350.
elected as Regent, 523.
interpretation of act of organization, 538.
Berzelius, report on progress of science, Henry,

956.

Bible, story of purchase of, for $2,500 false, 482.

Bibliographical centre, report of organization
committee, 939; Henry, 947.

Bice ae American Antiquarian Society,
988; Henry, 946; Jewett, 959.

Bill of costs of attorneys in England, 77, 80.

Bill to repeal provision in law relative to Re-

INDEX.

gents being members of National Institute,

B 684, OT A
iography, Henry, 946.

Bird, Dr. ¥. M., recommended as Regent, 474.

Birdsall, B., memorial, 248. .

Black, Dr. Jos., familiar acquaintance of Smith-

son, 866,
letter from, to Smithson, 866.
Blaine, J. G., Speaker, appointed Regents, 721,
725, 733.

Blind, education of, action of House on, 464,

publication of books for, recommended,
Giles, 459.

alodeet, Lorin, claim of, 589, 627.

Board of visitors, Rush, 852.

Bonds of United States bearing 7 3-10 per cent.

interest purchased, 127; sold, 183.
Books belonging to Smithson, 108.
Books, opinion of, Choate, 313; Owen, 375.
$150,000 should be laid out on, Hubbell, 862.
selection of, for library, Jewett, 959.
Borland, S., resolution by, 517.
remarks by, 518.
Botanic garden, plea for, Darlington, 901, 905;
Owen, 362; Poinsett, 881, 885, 899.

Botany, Cooper, 838; Henry, 946; Hubbell, 864;
Silliman, 963.

Bowditch’s commentary on La Place, Henry,
952. .

Bowdoin College on programme of organiza-
tion, 978, 980.

Bowne, 8. 8., of N. Y., committee of House, 247.

Boyd, Linn, resolution by, 410.

Speaker, appoints Regents, 523, 526; ap-
pointed committee, 573.
Bragg, Thos., 660.
Breckinridge, Jno. C., Regents appointed by,
654, 672.

Breese, Sidney, remarks by, 474, 477, 478.
appointed Regent, 354.
resolution by, 478.

Brengle, Francis, appointed on committee of

ouse of Representatives, 266.
Brent, Daniel, account presented to, by attor-
ney of De la Batut, 13, 17.
account of expenses of attorneys in France, 27.
bill to be paid, directed by President of the
United States, 45, 47.
Brewerton, Henry, on programme of organiza-
ion, 977.
Bridgewater Treatises, Barlow, 921; Cooper, 838 ;
Rush, 854.
Bright, Jesse D., Regents appointed by, 649.
British Association reports, Beck, 961.
British institutions supplied with Smithsonian
publications, 126.

British minister, relative to Smithson’s residu-
ary legacy, 126.

British Museum, account of organization of,
Upham, 602.

compared with S. I., Upham, 602; Meacham,

630.

Broadhead, Richard, resolution by, 462, 567.

Bronson, 8. A., on programme of organization,
992.

Brougham, Lord, on natural theology, Elliott,
985,

Brown University, best bibliographical collec-
tion, Jewett, 959.
on programme of organization, 977.
Brown, Wm., bill of, to R. Rush, 104.
Brunet’s Manuel du Librarie, Marsh, 419.
Buchanan, Jas., remarks by, 144, 331, 337, 341.
committee of Senate, 166.
Building for Institution, American Antiquarian
Society, 988; Barlow, 917; Chapin, 859;
“Delta,” 888; eee Gray, 965; Henry,
944, 945; Hilliard, 483; New Jersey Histor-
ical Society, 971; Owen, 356; Pearce, 511;
Rush, 851; Silliman, 962; Tappan, 263;
Wayland, 841.
digest of act relative to, 761.
report of organization committee, 931.
plan adopted by Regents, 932.

997

Building for library, Tappan, 334.
Bailcing for National Museum, 748, 752, 753, 756,

vi.
Building of S. L., investigation proposed by A.
Johnson, 489.
investigation relative to necessary, A. John-
son, 496,
report of origin of fire and losses, 686.
suggestions for improvement of, after the
re, 688.
Buildings, costly, the bane of literary institu-
tions, 882.
funds wasted in, Hubbell, 861.
instructions in construction of, Tappan, 302.
Bureau des Longitudes, France, Adams, 845,
Burke, Edmund, resolution by, 351.
Burnett, Henry C., resolution by, 652.
Butler, A. P., remarks by, 560, 563.
resolution by, 563.
report of Committee on Judiciary on man-
agement of Institution, 563.
By-laws should be adopted, Upham, 601.

Gs:

Cabinets of specimens, Chapin, 859; Delta, 881,
885; New York Schools, 404; Wayland, 841.

Calhoun, Jno. C., remarks by, 143, 242, 243.

Calhoun, Wm. B., resolution by, 171.

Somibreleng, C. C., letter to, from Jno. Forsyth,
57, 158.

Cameron, Simon, remarks by, 665, 666, 670, 672.

cemppels John, appointed on House commit-
ee, 200.

Campbell, W. W., resolutions by, 473.

Canal in Washington, report on, 710.

Canterbury, court of, Smithson’s will proved in,

10.
Carpenter, M. H., Regents appointed by, 728.
Case stated by Mr. Rush, 10. : cf
Cass, Lewis, appointed Regent, 475.
resignation of, as Regent, 478.
Castaignet, M., claim for services as attorney of
De la Batut, 19.
expenses as attorney, 25, 27, 226.
fees charged by, as counsel for De la Batut,
13, 17, 18.
claim of, allowed by President of the United
States, 45.
Casts of celebrated articles of sculpture, Henry,
947.
Casts of works of art, Jewett, 959.
Catalogues of libraries, Henry, 947; Jewett, 958.
Catlin, Geo., memorial to purchase Indian col-
lections, 473, 477.
Centennial collections, new building asked for,
748, 754, 755. i
Certificates of indebtedness of States, 252.
Certificates of qualification to students as
teachers and professors, Owen, 358.
Chamberlain, John, on programme of organiza-
tion, 980.
Champlin, Capt., of “ Mediator,” 102.
Chancellor, digest of act relative to, 760.
duty of, Henry, 947. d ,
recommendation of, relative to residuary
legacy, 130. ‘
Chancery court, referred case of President vs.
Drummond to master in chancery, 20.
decree by, in favor of United States, 58, 62.
necessity for reform in, on account of arrears
in business, 39.
Chancery court suit, by Drummond, in favor of
Hungerford, 9, 10.
first hearing, February 1, 1837, 19.
Chancery suit “may begin with a man’s life
and its termination be his epitaph,” 60.
Chancery suits, calculation as to duration, 49.
Chandler, Jos. R., remarks by, 526, 570, 637.
resolutions by, 526, 529, 567, 637, 647.
Changes made from year to year in knowledge,
enry, 946.
Chapin, Graham H., committee of House, 148,
resolution by, 164.

998

Chapin, Stephen, proposed application of be-
quest, 856. ;

Chappell, Abs. H., committee of House, 266,

Charges against 8. I. by R. Choate, 536.

Charles the Proud, 1.

Charleston, College of, on programme of organ-
ization, 978.

Charlton, Robert M., appointed Regent, 522.

Chase, Salmon P., memorial to Congress rela-
tive to residuary legacy, 131.

memorial of, 708, 714.

Chemical analysis of soils from different sec-
tions of the United States, Tappan, 302.

Chemical laboratory, Tappan, 263.

Chemistry, Henry, 946; Hubbell, 863, Wayland,
840.

applied to agriculture, action of House on,
2.

Childs, Timothy, resolution by, 170.
Chipman, Jno., remarks by, 432.
Choate, Rufus, Senate committee, 247, 262, 306.
remarks by, 327, 331, 337, 349.
resolutions by, 262, 324, 326, 350.
plan of, discussed, Barlow, 914,
Sproieed by Regents on organization, 930.
election as Regent, 490, 535, 568.
resignation of, as Regent, 535, 569.
report of committee on resignation, House
of Representatives, 589.
City Hall in Washington, bill to authorize pur-
chase of, 475.
Civil engineering, Chapin, 858.
Claimants to Smithson’s estate appeared, 74.
Clark, Ambrose W., resolutions by, 682, 683, 685.
Clarke, Fynmore & Fladgate, letters, 3.
bill of costs in suit, 80.
oath to bill of costs, 101.
Clarke, Thos., & Co., solicitors for Messrs.
Drummond, award to, 63, 66.
Classics, Chapin, 858.
Clay, Henry, remarks by, 244.
Clayton, Jno. M., remarks by, 143, 477, 561,
resolutions by, 477, 561.
Climate, study of, Silliman, 963.
Clingman, T. L., remarks by, 570.
Clinton, DeWitt, on education, 380.
Cliques, the curse of societies, Beck, 962.
Clymer, H., appointed Regent, 754.
remarks by, 755.
bill, 756,
resolutions by, 755, 756.
Memorial relative to Centennial, 751.
Coates, Mrs., mother of Henry J. Hungerford,
the nephew of Smithson, 18.
Cobb, Howell, resolution by, 435, 436.
speaker, appointed Regents, 518.
Coin, payment of S. I. interest in, debated, 689,
703

Coleock, W. F., appointed Regent, 518, 523.
Cole, Cornelius, remarks by, 725.
Colfax, Schuyler, appointed Regent, 677.
remarks by, 679.
epealer, appointed Regents, 684, 710, 711, 721,
24

Collaborators to prepare reports on science,
Henry, 946.

Collaborators to be furnished with journals, to
be paid, and names to be on title page of
reports, Henry, 946.

Collamer, Jacob, remarks by, 675, 684, 691, 700.

resolution by, 674.
Collections of natural history, digest of act rel-
ative to, 762; Henry, 947.
action of House on, 462.
not to be an expense to Institution, J. Davis,
not to be supported from Smithsonian be-
quest, Henry, 958.
not to be a burden on Smithsonian fund,
American Academy, 969.
memorial for building for, 749, 754, 755.
transferred from Land Office, 724.
necessity of increased appropriations for, 714.
resolution of Regents, 945.

INDEX.

Collections of natural history—Continued,

preservation of, discussion on appropriation,
505, 509, 512, 513, 525, 654, 677, 709, 711, 716,
724, 754.

See Explorin Expedition.

See Interior, Secretary.

Collection of articles of science in offices of
Government, Henry, 946. ;

Collections to verify publications, Henry, 947.

Collection of transactions and proceedings of
all the learned societies in the world,
Henry, 946.

College, application of fund for, Adams, 844;
American Academy, 965; Barlow, 911;
Choate, 308; Rush, 849.

Collegiate education, Wayland, 839.

Columbia College, N. Y., on programme of or-
ganization, 971.

Columbian College, Washington, D. C., on pro-
gramme of organization, 993.

Comets, medal for discovery of, 967.

Committees—

Agriculture, House of Representatives, 301.

Appropriations, House of Representatives,
714, 716, 724.

District of Columbia, 653, 710.

Exlucation and Labor, 764.

Finance, Senate, 243, 508, 521, 523, 658.

Investigation of Institution proposed, Meach-

am, 569.
appointed by House of Representatives, 573.
Reports of, 589, 608.

Judiciary, Senate, 135, 563.

Library, Senate, 239, 247, 262, 305, 332, 490.

Library, House of Representatives, 473, 490,
674, 681, 682, 704, 707, 727, 728.

Post Office, 527.

Public Buildings, 686, 748, 751, 752, 755.

Printing Report of the 8S. i: 652, 653, 682,
683, 685, 702, 706, 707, 708, 709, 710, 711, 715,
716, 721, 722, 723, 724, 725, 726, 727, 728, 745,
TAT, T48, 754, 756.

Select, Senate, 159, 166, 352.

Select, House of Representatives, 148, 171, 198,
199, 200, 202, 247, 249, 266, 293, 354, 355, 526,
567, 589, 608, 637.

Ware and Means, House of Representatives,
245.

Committees on Smithson bequest. See Diary of
Adams.

Committee of Regents of 8. L, report of, on or-
ganization, 930.

Committee, standing, on S. I., proposed, A. John-
Gon, 489, 491; unnecessary, R. McClelland,

92.

Committee on the Institution proposed by Mr.
White, 478.

argument against, Hilliard, 483.

discussion on, 479.

Committee of Congress would attach Institution
forever to the Government, Rhett, 499.

would serve as a wholesome and necessary
check on the Institution, G. P. Marsh, 499.

advocated, Morse, 502.

Commission on memoirs, Henry, 945, 947.

Commissions appointed on scientific papers,
621, 622.

Compromise, account of, Witte, 609, 614.

proposition to annul, caused difficulties,
Meacham, 682.

bill necessary, Owen, 431.

resolutions adopted by Regents, 941, 942.

resolution of Regents, Henry, 947.

Compromise necessary to harmonize views as
to S. I, 412.

Compromise resolutions discussed, 535.

Congressional proceedings, 135.

Congress, action of, on Smithson bequest. See

iary of Adams.

act of, relative to increase of trust fund, 152.

special act of, necessary to control Smithson’s
residuary legacy, 129.

authorized appointment of agent to assert
right to bequest, 11.

INDEX.

Congress—Continued, \
memorial to, relative to residuary legacy, 131.
no power to impose museum on5. I., J. Davis,
510.
during session of, lectures to be given, Henry,

Conkling, R., remarks by, 749.
‘Constitutional objections to receiving bequest,
139, 141, 143, 343, 439, 441, 444, 457, 475.
Construction of act, report of committee on,
Witte, 603. f
by Senate Judiciary Committee, 563.
Controversy, history of, respecting proper use
of the fund, Mason, 548.
‘Co-operation of foreign ministers, consuls, and
agents, Rush, 850.

Cooper, Dr. Thos., object of S. I., 370, 399, 838.
plan discussed, Barlow, 912.

‘Coppee, Henry, Proposed as Regent, 735.
account of character and services, Storm, 743.
without a superior in science or literature

in the United States, Randall, 745.

cope action of House on, 468.

igest of act relative to, 762; Jewett, 959.
‘Corcoran & Riggs, offers of State stocks ac-
cepted by Secretary of Treasury, 290, 293.
‘Cork models of antiquities, Jewett, 960.
‘Corporation, Institution not a, Witte, 622.
Correspondence relative to the bequest of
Smithson, 3; English, 576; Rush, 851. See
Letters.

‘Correspondence on programme, 961.

Corwin, Thos., House committee, 200; Senate
committee, 352.

‘Costs of suit, 27, 80.

Council of science, Rush, 851.

‘Counsel, selection of, Rush, 8, 14.
commendation of, Rush, 75.

‘Court of Chancery, suit necessary ,3; see Chan-

cery.

‘Cox, S.S., appointed Regent, 677, 685, 721, 733.
remarks by, 679, 680, 681, 682, 685, 703, 742.
resolutions by, 682, 685.

‘Criticism, Hubbell, 864.

‘Crittenden, J. J., remarks by, 325, 327, 474, 683.
resolutions by, 326, 327.

Crown, opposition abandoned on part of, in

chancery, 20.
‘Cumberland University, Lebanon, Tenn., on
rogramme of organization, 983.
‘Curley, James, on programme of organization,
975.

ID.

Dallas, Geo. M., appoints Regents, 475, 477, 478.
proposed as Regent, 654.
Dat J. D., proposed as Regent, 727, 733, 734, 735.
geological services of, Hoar, 738.
on programme of organization, 964.
Darlington, Wm., application of bequest, 901.
plea for a National Museum, 901.
Davis, Garret, appointed Regent, 675.
Davis, Henry W., appointed Regent, 685.
committee on Smithson’s residuary legacy,
126, 130.
Davis, Jefferson, eppointed Regent, 478, 517.
resignation of, as Regent, 522.
committee of House of Representatives, 354.
remarks by, 408, 456, 505, 506, 508, 515, 517, 701.
resolutions by, 464, 486, 478, 490, 505, 506.
Davis, John, remarks by, 145.
Davis, John W., Speaker, appointed committees,
35

appointed Regents, 474.
Dawes, H. W., resolution by, 723.
Dee Wm. L., election as Regent, 672.
Deberry, Edm., report from Committee on Agri-
culture, 301.
DeBeust, Wm., loss by fire at Institution, $1,300,
688.

Decree in Court of Chancery, President of the
United States vs. Drummond, 62.

999

Decree in favor of United States for bequest of
Smithson, 58.
Dennees, Wayland, 841.
De la Batut, Baron Eunice, 18, 63.
De la Batut, Henri, identical with Henry James
Hungerford, 41.
death of, in 1835, 41, 57.
De la Batut, Mary Ann, mother of nephew of
Smithson, 10.
not married to Col. Dickinson, 10.
was Mrs. Coates, 18.
resides in Port Louis, France, 24.
about 60 years old in 1838, 52,
claim under will of Col. Dickinson, 36.
decree of court in favor of claim, 63.
claim on estate of Smithson, 18, 19, 20.
claim referred to master in chancery, 20.
notiiod by advertisement to make out claim,

claim recommended for consideration by Mr.
Drummond, the executor of Smithson, 32.

threats to file a bill against Drummond for
an account as executor of Smithson, 36,

has no claim under will of Smithson, 33.

claim would be £240 a year during life, 33.

moral claim to income of fund since Smith-
son’s death, 33.

favorable report on claim from master in
chancery, 46.

allowed £150 9s. annually during her life, and
arrears from September 22, 1834, to March
22, 1838, 55, 56, 57.

counsel of, acquiesced in settlement, 57,

trust fund ordered by court, 66.

statement of trust fund, 80.

death of, September 10, 1858, 123.

De la Batut, Theodore, appeared in answer to

advertisement to assert claim, 29.

a troublesome person, with unreasonable ex-
pectations, 30.

account of interviews with, 30.

moral claims on United States for education
of his children, 30.

decree of court in favor of claim of, 64.

would not make depositions desired, 31.

proposes to send memorial to President of the

nited States, 32.

style of conduct not in his favor, 32.

attempts at coercion by withholding evi-
dence, 33.

claims discountenanced by Mr. Rush, 34.

unreasonable, exacting, and bent upon
thwarting the rights of the United States,

5,

35.
petition to President of the United States, 37.
petition returned to him by Mr. Rush, 37.
assured that if he aided the Government he
would have favor, 38.
refused to give evidence unless pledge was
given to support all his claim, 38. |
no objections by Mr. Rush to claim under
will of Col. Dickinson, 38.
obstructions by, to early decision by court, 38.
opinion of counsel as to probability of delay
in settlement of claim of United States, 49,
decision of Mr. Rush to allow claim, 50, 52.
Delafield, R., elected Regent, 685, 703.
Resignation as Regent, 721.
Delagrange, Mr., attorney in France, consulted
in relation to De la Batut, 13, 17, 19, 27.
claim of, allowed by President of the United
States, 45. 4
Delaware College on programme of organiza-
tion, 973. ga)
“Delta” A, proposed applications of bequest,
865, 872.
Deposit with George Peabody, 127, 128.
Deposit with Riggs & Co., 128.
Deposit with United States Treasurer, 128, 129,
133

Detroit and Pontiac Railroad State stock, 253,
Development of organized life, 880.

Diary of John Q. Adams, extracts from, 763.
Dickinson, Henry James, bequest to, 1.

1000

Dickinson, Henry Louis, brother of Smithson, 1.
Will of, 18.
Diffusion of knowledge, how to promote, Henry,

945.
plans for, Witte, 617. le
Digest of act of Congress establishing 8. I., 758.
Disbursements, digest of act relative to, 760.
Discoverers of scientific principles “born, not
made,” Henry, 954.
Discoveries in science to be exhibited to Con-
gress, Henry, 948. f
Discovery of new truths, great object of Smith-
son, 215.

Distribution of collections, debate on appropri-
ation for, 654, 655.

Distribution of duplicates, appropriation for,

754.

Distribution of fruits, plants, seeds, and vege-
tables to every part of the Unien, Tappan,
263, 302; Owen, 358.

District of Columbia, the United States as parens
patric, 139, 140, 141.

Divinity, study of, in S. L, objected to, Wayland,
839,

Dix, John A., committee of Senate, 352.
Dixon, James, remarks by, 673, 674.
resolution by, 673.
Documentary history, Barlow, 922.
Documents, fifty copies of, for exchanges or-
dered, 707, 710.
exchange of, with foreign nations, 716.
Dodge, Augustus C., resolutions of, 523.
Donnan, Wm. G.. resolutions by, 745, 746, 747.
Douglas, 8. A., resolutions by, 468, 649, 654.
remarks by, 550, 666.
appointed Regent, 624, 654.
Drummond, Chas., no opposition by, to claim of
United States, 57.
award to, 63.
as executor of Smithson, recommends con-
sideration of De la Batut’s claim, 32.
Drummonds, Messrs., bankers, executors of
Smithson, 1, 3.
no opposition from, to suit, 20.
Duke of Northumberland, 1.
Duke of Somerset, 1.
Duplicate specimens to be exchanged, Tappan,
302.

Duponceau, Peter S., application of the bequest,
895.

Duties of Government in reference to instruc-
tion, Barlow, 910.

Dwelling houses for officers and professors,
Tappan, 263, 302; Owen, 355,

seu

Earth, experiments to determine weight of,
Henry, 946.

East Tennessee University, Knoxville, on pro-

ramme of organization, 990.

Ecclesiastical establishment, Adams, 844, 845.

Editorial bureau, Barlow, 910, 920.

Education, Adams, 208, 212, 441, 844; American
Academy, 965; Barlow, 910; Chapin, 857 5
Cooper, 838; Darlington, 902; Duponceau,
898; Embree, 490; Henry, 947; Memorial of
Illinois Educational Convention, 648; Rhode
Island Historical Society, 984; Robbins, 161;
Rush, 855; Stanton, 403; Wayland, 839.

report of organization committee, 936.
Germany and France models in, 861.
history of, 872.

Elliott, David, on programme of organization,

984.
Ellsworth, Henry, memorial of, 262.
Embree, Elisha, resolution by, 489.
Empiricism in science, Marsh, 426, 428.
Engineering, Silliman, 963; Wayland, 840.
English Government abandoned all claim to
Smithson bequest, 20.
English literature, Chapin, 858.
angle, W. H., resolutions by, 534, 568, 628, 650,

INDEX.

English, W. H.—Continued.
remarks by, 568, 569, 574.

speried Re ent, 526, 649, 650, 672.
emeris of astronomical observations,

, 847.
Ephemeris of Neptune, Martin, 979.
Equity maxim, Rush, 35.
Escheats, law of, no claim made by British Goy-
ernment under, 21.
Espy, J. P., appropriation for, 530.
letter from, on meteorology, 533,
meteorological reductions, 530.
Establishment, The, of the Smithsonian Insti-
tution, digest of act relative to, 758.
Estabrook, Jos., on programme of organization,.

990.
Estimate of cost of astronomical observatory,.

228.
Estimation of S. I. in Europe, 586, 618.
Ethico-Political science, McMaster, 979.
Ethnological collections, 932, 943.
Ethnological researches, Henry, 946.
Ethnological Society of New York, 966,
Evans, Geo. S., remarks by, 243.
resolution by, 354.
bill offered by, 475.
resignation of, as Regent, 477.
Everett, Edw., on programme of organization,
970.
Evidences of Christianity, Elliott, 985.
Ewell, Benj. S., on programme of organization,
982.

Ewing, E. H., remarks by, 452.

Ewing, Thos., proposals for State stocks, 290,
292, 293.

bill, 508.
resolution by, 466.

Exchange of documents with foreign nations,
707, 710, 716.

Exchange of duplicate specimens, Tappan, 263 ;.
Owen, 358.

Exchange, S. I., packages marked to pass free
in the mails, 726.

Exchanges, account of, Chandler, 647; Amer.
Acad. 969; Henry, 952.

Exchanges of publications, Henry, 945.

Executive Committee, digest of act relative to,.
760.

Exhibitions at the Institution, 662, 664.

Expediency of United States becoming suitor
in England, 139.

Expenses of National Museum in 1868, 717.

Expenses of recovery of Smithson bequest,
Mr. Rush’s account, 113.

Experimental researches not the most import-
ant, Marsh, 426.

Experiments as to lighting, heating, and venti-
lating buildings, Tappan, 302.

Experiments in agriculture and horticulture,
Tappan, 263.

Experiments on new fruits, plants, and vegeta-
bles, Tappan, 302.

Experiments on new modes of culture, new
fruits, plants, and vegetables, Owen, 358.
Explanation of programme of organization,

Henry, 948.

Explorations in natural history, geological,
magnetical, and topographical surveys,
Henry, 945.

Exploring expedition, duplicates to be distrib-

“uted, 654.

in charge of Library Committee of Congress.
to 1854, 525.

value of collections, debate on, 654, 667.

collections, appropriation for, 525.

sppropeaiion for plates, &c., of, 681.

collections of, to be transferred to Patent Of
fice, 525, 534, 535.

American Academy, 969; Poinsett, 899.

plates and engravings to be transferred to
S. L, 519; set of, given to S.I., 682.

Exploring expeditions, account of, 749. ‘

Explosions of steam boilers, investigation im
regard to, Henry, 955.

\

INDEX.

Extracts from diary of John Quincy Adams,
763.

Extra fund, memorial to Congress respecting,
2

529.
to be added to bequest, 648. p
to be placed in Treasury of the United States,

EG

Faculte des Lettres et Sciences a model for 8,
I., Rives, 329.
Felton, C. C., proposed as Regent, 654.
election as Regent, 648, 672.
letter on management of S. I., 586,618.
Ferry, T. W., memorial relative to centennial,
751,
Fessenden, W. P., remarks by, 655, 658, 665, 673,
674, 706.
appointed Regent, 673, 702.
resolutions by, 677, 706, 711.
Ficklin, O. B., 447.
Fictitious sum in the Treasury, A. Johnson, 486,

496.
Field, Richard 8., on programme of organiza-

tion, 971.

Fillmore, Millard, bill offered by, 245.
resolution by, 247.
regents appointed by, 516.

Finance, plan of A. D. Bache, Henry, 957.
scheme of Institution, Pearce, 511.
committee on, Secretary of State to, 157.
Senate Committee of, Bill, 522.

Fine arts and application to useful arts, Henry,

946.
Finley, W. Perroneau, on programme of organ-
ization, 978.

Fire at S. 1. January 24, 1865, committee ap-
ointed to investigate origin of, 685, 703.
Fitall, John, death of and annuity to, 1, 27, 41,

57, 63.
Fitall, Mrs. Elizabeth, award to, by Court of
Chancery, 65.

Fitch, G. N., appointed Regent, 518, 524.
resolution by, 651.

Hladgate, Clarke & Finch, letters from, to the

. 1., 123, 124.
power of attorney from President of the
United States to collect residuary legacy,
November, 1863, 125.
amount of Smithson’s residuary bequest from,
128,

Flamsteed’s observations, 218.

Fleischman, Charles L., memorial of, 171, 186.

Florence, T. B., resolution by, 573.

Fosdera, Rhymers, 921, 922.

Foot, Henry S., remarks by, 512.

Foot, Solomon, remarks by, 686.
resolutions by, 686, 689, 702.

Foreign ministers and consuls, aid from, Rush,

850.

Forsyth, John, letters from, 5, 157.

letter from, asking plans for application of
bequest, 837.

Foster, Eph. H., remarks by, 349.
resolution by, 349.

Fourcroy, influence of, on Smithson, 882.

Fourier investigation on origin of the earth, 867.

Frank, Aug., resolution by, 703.

plete ee to Secretary of S. I. pro-

posed, Mace, 527.
Franking privilege given to S. I. on exchanges,
726

Franklin College, Lancaster, Pa., on programme
ot organization, 990.

Franklin Institute, investigations of explosions
hv steam boilers, Henry, 955.

Franklin, Jno. R., 571, 572.

Free Academy, N. Y., on programme of organi-
zation, 991.

Freight on Smithson bequest, 118.

Frelinghuysen, Fred. T., remarks by, 731.

French, Richard, appointed on committee of
House of Representatives, 266.

1001

French Academy, 8. I. to attain character of,
405.

French schools of science, 882.
Fund, account with Treasurer of the United
States, 803.
stocks in which investment was made, 257.
investment of, in State stocks ordered, 153.
perer can be part of revenue of United States,
39,
what constituted the Smithson, 120, 121.
nature of, Trumbull, 698.
of Institution, digest of act relative to, 758.
account of, Grimes, 690. See Diary of Adams.
disposition of, Barlow, 919.
proposed change of investment, Chandler,
26

act of Congress relative to increase of trust,

Smithson, act to authorize increase of, to one
million dollars, 709.

increase of, act for, 521.

increase of, bill for, 132, 508.

resolution of committee to increase, 648.

memorial of Regents to increase, 529, 708.

increase of, by Regents, 507.

increase of, in Treasury of the United States
to $550,000, 133.

good condition of, English, 575.

of Institution not to support large museum,
J. Davis, 510.

report on investment, Chandler, 637.

statement of, January 12, 1844, 268, 270.

extra, to be added to original, 706.

Fynmore, Thos. Geo., award to, by Court of

Chancery, 65, 66.

ee

Gallery of Art, Barlow, 911, 917; Henry, 945;

Owen, 362.
report of organization committee, 931.

Gammell, W., on programme of organization,
983.

Gardeners and laborers, Tappan, 263, 302.

Garfield, J. A., appointed Regent, 711, 721.

committee to memorialize Congress as to re-
siduary legacy, 130.

resolutions by, 708, 709, 711, 714, 715, 716, 734.

remarks by, 716, 717, 734.

Garland, James, of Virginia, House committee,
148, 171, 200.

Garland, L. C., astronomical department of,
Manly, 990.

Garland, Rice, of Louisiana, committee of
House, 148.

Gartrell, L. J., appointed Regent, 650, 672.

Geological and mineralogical cabinet, Owen,
355; Tappan, 302.

Geological society tor increase of knowledge,
Henry, 950.

Geological surveys, Henry, 945.

Geology, Gray, 967; Henry, 946; Wayland, 840.

Georgetown College, D. C., on programme of
organization, 975, 976.

German language proposed as part of instruec-
tion, 198.

Germany, literature of, Marsh, 420.

Geyer, Henry S., remarks by, 563.

report of Committee on Judiciary on man-
agement of Institution, 563.

Giles, Wm. F., resolutions by, 459, 463.

Girard College fund, American Antiquariar
Society, 988; American Academy, 965; Hub-
bell, 861, 863; Ingersoll, 388; Owen, 366,

Goggin, Wm. L., resolution by, 491.

Go a interest to be paid in, debated, 689, 703.

Smithson’s stocks converted into, and brought
to United States, 73.
sale of $26,210.63, for $54,165.38, 128.

Government department, the 8. I. not a, 509,

Government, duties of, in reference to instruc-
tion, 910.

operations of Institution not to be mingled
. with those of, Henry, 949.

1002

Government—Continued. eee :
should furnish buildings for Institution, Sil-
liman, 962. '
of the Institution, Adams, 845; American
Academy, 969; Chapin, 858; Rush, 851.
mode of, Wayland, 840.
collections to be delivered to S. I, Tappan,
264.
Governor of District, act to make Regent of,
723, 725.
Grable, J ohn, report on plan of periodical, 589.
Graham, Wm. A., resolutions by, 410, 435.
Gray, Asa, memorial relative to Centennial, 751.
proposed as Regent, 727, 734, 735.
elected Regent, 745. :
greatest authority in the world in botany,
Hoar, 738. PLR
On programme of organization, 964.
Grecian literature and history, 877.
Greenwich Observatory, account of, 218, 230.
Grimes, Jas. W., remarks by, 655, 658, 689, 690,
692, 696, 699.
Grounds, improvement of, 521, 522, 523, 524.
for testing and propagating seeds, plants, &c.,
Rush, 851. A
Grow, G. A., Speaker, appointed Regents, 677.
Guthrie, J., letter of Secretary of Treasury, 637.

cE:

Habersham, R. W., of Georgia, committee of
House, 247.
Hale, John P., resolutions by, 661, 702.
remarks by, 661, 669, 672, 693, 697, 702.
Halleck, Fitz Greene, reference to poem by, 152.
Hamilton, Alexander, works of, given to the S.

L., 521.
Hamilton College, Clinton, N. Y.,on programme
of organization, 973.
Hamlin, Hannibal, bill introduced by, 723, 726.
resolutions by, 462, 505, 721, 723, 724, 728, 732,
733, 748.
remarks by, 457, 723, 726, 729, 732, 733.
appointed regent, 721. ;
memorial relative to Centennial, 751.
Regents appointed by, 673, 702. i
Hammond, Jabez D., resolutions by, relative to
the bequest, 353.
Hampden Sidney College, Va., on programme
of organization, 979. \ F
Hannegan, Edward A., special committee of
House, 148.
Hansard’s Parliamentary Reports, 922.

Harlan, James, resolution by, 710. ; ‘
Hassler, Mr., recommending observations in
Maine and Louisiana, 848. Q
Haven, Samuel F., on programme of organiza-

tion, 989.
Haven, Sol. G., resolution by, 530.
remarks, by, 530.
Hawley, Gideon, elected Regent, 490, 535, 568.
Hayes, Rutherford B., bill offered by, 707.
resolution by, 707.
Hazleton, G. W. appointed Regent, 733.
Health, public, Bee x, 961. ;
Heirs-at-law of Smithson ought to be paid the
bequest, G. W. Jones, 385, 465.
Hendricks, T. A., remarks by, 695, 696, 697, 705.
Henn, B., bill by, 524.
resolution by, 524. j
Henry, Prof., stands in front rank of science,
Hilliard, 482.
associated with Faraday, Arago, and Quete-
let, Hilliard, 482.
very distinguished, able, and pure, Cameron,
671.
has zeal, energy, discretion, and economy,
report of Senate Judiciary Committee, 566.
one of the most prudent men in the country, |
Poland, 712.
committee on Smithson’s residuary legacy, |

126,
digest of act of organization by, 758.
exposition of plan of, 970.

INDEX.

Henry, Prof.—Continued.
letter from, relative to G. E. Badger, 675.
loss by fire at S. L., $1,500, 688,
memorial of, 131, 508, 530, 708, 714.
plan of, approved by scientific men, Peirce,

programme of organization of 8. I., 944.
report on fire, 689.
Hill, B. H., appointed Regent, 754.
memorial relative to Centennial, 751.
Hilliard, H. W., resolution by, 484.
remarks by, 479, 480, 493, 497.
appointed Regent, 474, 487, 518.
appointed by Regents on committee on or-
ganization, 930.
Historical researches, Henry, 946.
History, Henry, 946; Williams, 992; Barlow's
plan, 921.
of passage of act, Witte, 611.
Hitchcock, Edw., on programme of organiza-
tion, 976.
Hoar, E. R., appointed Regent, 733,
remarks by, 746.
resolution by, 747.
Hoar, G. F., remarks by, 736, 744.
Holman, W.S., resolutions by, 677, 746.
remarks by, 677, 678, 681, 703, 746.
Holt, Orrin, committee of House, 171.
Homeopathic practice, Hubbell, 864.
Hooper, Samuel, resolution by, 747.
Hopkins, Geo. W., resolutions by, 457, 466.
Hopeins; Mark, on programme of organization,
Hopkins, W. F., on programme of organization,

Horses, improvement of, Hubbell, 863.
Horticultural and agricultural experiments,
Owen, 355; Tappan, 263, 302.
Hough, Wm. J., remarks by, 457, 467.
resolution by, 467.
appointed Regent, 474.
Hout G.S., of Alabama, committee of House,
7, 266.
resolutions by, 355, 535.
Howe, Tim. O., Bill, 704.
resolutions by, 704, 728.
remarks by, 704, 705.
Hubbell, Horatio, proposed application of be-
a 860.
ad hes, Chr., letter from J. Q., Adams, 229.
Hulack, the first astronomer of his age, 877.
Humbolct’s library, account of, by Agassiz, 587;
Meacham, 635.
Humes, Thos. W., proposed as Regent, 735.
Humphreys, Hector, on programme of organi-
zation, 976.
Hungerford, Henry James, mother of, Madame
De la Batut, 10.
was natural son of Henry Louis Dickinson,
brother of Smithson by Mrs. Coates, 18.
bequest to, 1.
suit by, 3.
known as Baron Eunice de la Batut, 18, 63.
passed under name of Dickinson, 18.
made an allowance to Mrs. De la Batut, 18.
lived up to his income, left nothing to pay
debts and funeral expenses, 31.
died at Pisa, June 5, 1835, 3, 9, 11, 36, 41, 57, 59,
63.
had no heirs, never married, 9, 11, 57.
advertisement for information relative to, 25.
chancery suit against estate of Smithson, 9.
fees charged in relation to effects of, 13.
Hungerfords of Audley, 1.
Hunt, Wash., remarks by, 460.
Hunter, Alex., memorial of, 262.
ae R. M. T., remarks by, 521, 525, 656, 658.
ill, 521.
resolutions by, 521, 522, 523.
Speaker, appointed committees, 200.
committee of House, 247.
Hunter Wm. H., of Ohio, committee of House,
1

71.
Huntington, Jabez W., remarks by, 349.

|

INDEX.

Hutton, Dr., compliments to Smithson, 866.
Hygiene, Beck, 961.

aE

Iceland waters, examination of, 866.

Illinois bank and internal improvement stock,
254.

lllinois, certificate of stock of, 252, 254, 255,

Treasury account with, 814.
account of investment, Adams, 294.
and Michigan canal stock, 254.

Illinois stocks held in trust by 8. I., 246, 268, 269,
270, 639, 640. ;

lilustrations, specimens, and apparatus for pri-
mary schools, Owen, 359.

Improvements in domestic economy, Tappan,
302.

Income of Institution divided by Regents into
two equal parts, 947.

Increase of knowledge, how to promote, Henry,
945.

increasing knowledge, plans for, Witte, 616.

Increase and diffusion of knowledge, Upham,
594.

Indian Affairs, Commissioner, co-operation of,
asked by Institution, 943. :

Indian collections and paintings of Catlin, 473,
477.

Indiana University on programme of organiza-
tion, 982. C

Indians, trust funds, interest paid in gold, 691.

Industrial art of ancients compared with mod-
ern, Marsh, 428.

Ingersoll, C. J., committee of House, 247.

resolutions by, 410, 462.
remarks by, 480.
Ingersoll, E. é., resolutions by, 716, 722.
Ingersoll, Jos. R., resolutions by, 410, 462.
remarks by, 387.

Institute and Institution, remarks as to name,
Maynard, 740. ,

Institution no claim upon the Government,
Hale, 694.

Institution not a department of Government,
J. Davis, 509.

Institution not tosupport Government museum,
J. Davis, 510.

Institution for physical research and applica-
tion of science to the useful arts, W. R
Johnson, 172.

Institution wrong and based upon misconcep-

; tion, Hale, 662.

instruction, duties of Government in reference
to, 910.

in German language, Keim, 198.
Instruments of research, Henry, 946, 947.
Instruments, Silliman, 962.
instructions in navigation and use of nauti-
eal, Tappan, 302.
of Smithson, 109.

Insubordination of assistants, 626.

Insurance on Smithson money, 117.

Intellectual science, Delta, 853.

interest account of State stocks, 272, 276, 365.

Interest on debt to 8. I. to be paid in coin, de-
bate on, 689, 703.

Interest on bequest, United States responsible
for, 440, 444, 449.

Interest received and disbursed on account of

. I., 641.

Interpretation of act, Badger, 555; English, 583;
Pearce, 536, 587,545; Mason, 545; Douglas,
550; Senate Committee on Judiciary, 563.

Interior, Secretary, on collections of Exploring
Expedition, 505.

on enlargement of Patent Office, 514.
distribution of specimens proposed by, 655.
transfer OI specilnens, 658.
collections placed in charge of, 665.
appropriations for collections expended
under direction of, 677.
Invention, history of, Marsh, 424, 427, 429.
Investigation of affairs of S. I., Badger, 556.

1003

Investigation of Institution, committee ap-
pointed for, Meacham, 569, 573.
necessary, Meacham, 629.
report of committee, 589, 608.
Investigation of S. I. desired, A. Johnson, 491;
unnecessary, R. McClelland, 492.
Investment in State stocks, 158, 204, 236, 237,
294, 365, 843.
prohibited, 245, 246.
Investment, proposed change of, Chandler, 526.
Investment of extra fund in Treasury of the
United States, 507.
memorial relative to, 708, 709.
Investment of funds of 8. ie 637, 639.
Invoice of boxes shipped to United States by R.
Rush, 106.
Italians, elastic resiliency of, 885.
Italy, documents from, relative to Hungerford’s
death, 32, 36.

Jin

Jackson, Andrew, message of, 135.
J Belen College on programme of organization,
Jaco, Edw., selected as counsel by Mr. Rush,

epiuon as counsel on case of United States,
Jardin des Plantes a model for S. I., Tappan,

Jefferson, Thos., works of, given to S. I., 530.
Jenkins, Timothy, committee of House, 354.
Jewett, é. C., on library, 958.
additional legislation needed, 621.
removal of, justified, Witte, 626.
Johns, Bishop, loss of library of, at fire, 687.
Johnson, Andrew, resolutions by, 444, 457, 461,
487, 488, 489, 491, 649.
nears by, 444, 455, 456, 484, 485, 487, 488, 491,
, 494.
Jelinson, B. P., on programme of organization,
Johnson, R. W., resolutions by, 526, 567, 651.
remarks by, 500.
Johnson, Thos., memorial of, 306.
Johnson, Walter R., memorial of, and plan for
8. L., 171, 172, 369.
Jones, Geo. W., resolutions by, 366, 385, 389, 464,
465, 534, 652, 653.
remarks by, 367, 385, 408, 460, 526, 528, 570.
J ones, < John W., Speaker, appointed committees,

Judicial interpretation of act, Badger, 558.

Judiciary Committee report on whether claim
should be made for the bequest, 139.

Judiciary Committee of Senate, report on man-
agement of Institution, 563.

Juilly, Henry Honori, bequest to, 1.

sESs—

Kearny, Major, report of, 848.

Keim, Geo. ay, resolution by, 198.

Kellogg, Stephen W., resolution by, 734.

ep A.C.,on programme of organization,
981.

Kennedy, John P., committee of House, 171.

Kenyon College, Gambier, Ohio, on programme
of organization, 992.

Kerr, John, remarks by, 571.

Kerr, M. C., Speaker, appointed Regents, 754.

King, Chas., loss of pictures of, by fire, 687.

on programme of organization, 971.
King, D. P., remarks by, 406, 407.
King, Houry, proposed as manager of S. I., 334,

collections by, 900.
King, W. R., Regents appointed by, 522.
ey W. B., on programme of organization,
Kirkpatrick, L., on programme of organization

1004

Kirtland, Jared P., proposed as manager of S.
I., 334, 349. 4
Knickerbocker, N. V., memorial of, 306.
Knowledge, Jno. Q. Adams on, 151. i
distinction real, between increase and diffu-
sion, Chandler, 645.
what Smithson meant by, Barlow, 9; Delta
887, 889.
how to be increased and diffused, Marsh, 414,
422; Upham, 594. ae
increase and diffusion logically distinct,
Henry, 950. ; ; .
distinction between increase and diffusion,
Henry, 944.
not to be confined to material things, Marsh,

415.

8. I. should be a warehouse of, Darlington, 907.
rpestetp es unduly, to stimulate increase of,
will be abortive, American Academy, 967.
the cement to preserve the Union, Jefferson

Davis, 469.

Knowledge and science not synonymous, Up-
ham, 594. Ltd
Krauth, C. P., on programme of organization,

973.

Tes.

Laboratory, “ Delta,” 881; S. Lit. Mess., 893 ; Bar-
low, 913, 917; Owen, 355; Tappan, 262, 302,
303.

report of organization committee, 931.
is a charnel house, Marsh, 426.

Laflin, A. H., resolutions by, 708, 709, 710, 716,
716, 722.

Land Office, geological specimens transferred
from, 724.

Lands, proceeds of sales to be withheld from
certain States, 351.

Langdale, Lord, master of the rolls, first hear-
ing of suit, President of the United States

vs. Drummond, 19.
Hubbell, 863; 883;

Languages, Chapin, 858;
ayland, 840.
Law, Chapin, 858; T. Cooper, 838; Hubbell, 864;
Owen, 358; Rush, 852; Wayland, 840.
relative to annuities, 31, 34.
on which the Institution is founded, Upham,
693.
Laws of nations, Wayland, 840.
Lecture rooms, Owen, 355; Tappan, 263, 302.
report of organization committee, 931.
Lectures, Adams, 845; Barlow, 912, 913, 917;
Chapin, 857, Choate, 311; Cooper, 838;
Henry, 947, 948, 956, 958; Owen, 358, 359, 382;
Pearce, 541; Rush, 851, 852; Tappan, 263,
302, 334; Upham, 593; Southern Literary
Messenger, 892.
authorized by Regents, 941, 942.
debates on, 326, 463, 467.
only second to art of printing as a means of
extending knowledge, J. Davis, 408.
report of organization committee, 936.
Legislation, what is required, Witte, 620.
Leigh, Benj. W., report of Committee on Judi-
ciary on bequest, 135.
resolutions by, 140, 142.
Lesquereux, Leo., proposed as Regent, 734.
Letters—
relative to Prof. Henry’s programme of or-
ganization, 961.
right and practice of opening by the Secre-
tary, 627.
J. Q. Adams to C, Hughes, relative to observa-
tories, 229.
Prof. Agassiz on management of §. I,, 586.
Astronomer Royal, G. B. Airy, on astronomi-
cal observatories, 230.
Daniel Brent to R. Rush, 27.
Rufus Choate, 535, 569.
Clarke, Fynmore & Fladgate to R. Rush, 30,
82, 36, 41, 49, 69, 75, 77, 101.
Clarke, Fynmore & Fladgate to A. Vail, 3.
Gen. Delafield, resignation as Regent, 721.

INDEX.

Letters— Continued.

C. C. Felton on management of Institution,
586, 618.

Secretary of the Treasury, J. Guthrie, on
Smithsonian fund, 637.

John Forsyth, relative to applications of be-

uest, 837.

John Forsyth to C. C. Cambreleng and Silas
Wright, Committee on Ways and Means.
and Committee on Finance, 157.

John Forsyth to R. Rush, 6, 13, 45, 47, 110.

John Forsyth to A. Vail, 5.

John Forsyth to Levi Woodbury, Secretary
of the Treasury, 119.

Felix Grundy, Attorney General, to Levi
Woodbury, 121.

Prof. Henry on printing back reports, 722.

8. Pleasanton, Fifth Auditor, to John Forsyth,

64.
-R. Rush to Daniel Brent, 28.
Be Bush fo Clarke, Fynmore & Fladgate, 7, 35,.
0, 67.
R. Rush to John Forsyth, 8, 13, 14,17, 18, 19,
22, 24, 26, 29, 32, 37, 39, 42, 43, 44, 45, 46, 47, 51,
55, 56, 58, 67, 70, 73, 102, 109, 110, 112, 113.
J. C. Spencer, Secretary of Treasury, on con-
dition of Smithson funds, 266.
Edw. Stubbs, agent for Department of State,
to S. Pleasanton, Fifth Auditor, 119.
A. Vail to John Forsyth, 4.
Levi Woodbury, Secretary of Treasury, to
President of the United States, 120.
Secretary of Treasury, L. Woodbury, state-
ment of investments in State stocks, 236.
Leverrier’s Memoirs on Uranus, Gray, 967.
Lewis, Dixon H., House committee, 200.
resolution by, 352.
committee of Senate, 352.
Librarian, duty of, Henry, 947.
reputation of, American Academy, 970.
Librarian and assistants to be appointed by
managers, Tappan, 334.
Libraries, utility of, Marsh, 417.
account of foreign, R. Choate, 313.
plang and catalogues of, Henry, 948.
Library committee of Congress in charge of
. collection of exploring expedition, 525.
Library plan for 8. I., Adams, 440; Agassiz, 587;
American Antiquarian Society, 988; Bacon,
994; Barlow, 911, 913, 917; Buchanan, 341;
Chandler, 646; Chapin, 859; Choate, 306, 337,
536; Clayton, 562; Douglas, 552; English,
575: Gray, 968; Henry, 945, 947; 957; Hub -
bell, 861; Marsh, 414; Mason, 548; Meacham,,.
631; Owen, 355, 358, 372; Pearce, 325; 537,
643; Silliman, 962; A. W. Smith, 975; Tap-
pan, 263, 302,334; Thurman, 449; Upham,
593,596, 606; Wayland, 841; Witte, 610, 614,
881, 885, 893.
reat need of, in United States, 313.
ebates on, 308, 324, 330, 337, 341, 343.
action of House on, 464, 467.
report of organization committee, 931, 938.
resolution of Regents, 942.
from Beaufort, 8. C., deposited in Institutiow.
destroyed by fire, 687.
Bishop Johns’, destroyed by fire, 687.
plans for, C. C. Jewett, 958.
Library of Congress, Witte, 614.
Regents to have use of, 733, 747.
transfer of 8. I. to, 704, 707.
Library of Gottingen, Marsh, 419.
Light, hypotheses respecting, Henry, 954.
eee of, a speculation, American Academy,
967.
Lincoln, Abraham, power of attorney from, 128.
Lindsley, Philip, on programme of organizae
tion, 982.
Linn, Lewis F., bill, 238.
remarks by, 244,
Literature, Henry, 946.
Toca] objects a perversion of the trust, Henry,

Logie, Hubbell, 864.

INDEX.

London Institution for diffusion of knowledge,
Henry, 950.

Longfellow, Henry W., on programme of organ-
ization, 970.

Longitudes, Manly, 989. Ne |

Losses by the fire at the Institution, 687.

Lucas, Wm., appointed on committee of House
of Representatives, 266.

Lunar tables, Manly, 989.

Lying-in hospital, Hale, 661.

IM.

McClelland, R., remarks by, 437, 492.
apeinter Regent, 487. :
McClernand, John A., resolution by, 464,
McCrary, Geo. W., resolution by, 756.
memorial relative to Centennial, 751.
appointed Regent, 754.
McDougall, Jas. A., 676.
McGuire, J. C., loss by fire $1,000, 687.
Mcllvaine, Abr. R., remarks by, 501.
McKay, Jas. J., resolution by, 457. ;
McKennan, Thos. M. T., special committee of
House, 148,
McPherson, Edw., resolutions by, 681, 682, 683.
remarks by, 682.
appointed Regent, 677.
Mace, Daniel, remarks by, 527.
resolution by, 527.
Macie, James Lewis, name of Smithson until
he left Oxford University, 61.
Maclean, John, proposed as Regent, 727, 734, 735.
elected Regent, 710, 711. :
MacMaster, BR. D., on programme of organiza-
tion, 978.

Madison University on programme of organi-
zation, 981.

Magnetical surveys, Henry, 945.

Maine memorial for an observatory, 848.

Maladministration, charge of, refuted, Witte,
623.

Management of the fund, Adams, 845.

Management of Institution, investigation of,
by House of Representatives, 569.

approved by American Philosophical Society,

585,

report of House of Representatives commit-
ee, Upham, 589; Witte, 608.
remarks on, English, 574.
pursued with zeal, integrity, &c., Upham, 598.
Manage to appoint professors, &c., Owen, 358.
Managers of 5. I., Tappan, 263.
Manly, B., on programme of organization, 989.
Mann, Horace, on normal schools, 380.
Manual labor university proposed, A. Johnson,
89.
Manuscripts of Smithson, 109.
Marietta College on programme of organiza-
tion, 989.
Marsh, G. P., committee of House of Repre-
sentatives, 354, 409, 410, 499.
resolution by, 467.
appointed Regent, 487.
Meee Chas., on programme of organization,
9.
Masonic University of Tennessee on pro-
gramme of organization, 993.
Mason, J. M., remarks by, 545, 648, 669, 670.
resolutions by, 518, 648, 651,
appointed Regent, 517, 649.
interpretation of act of organization, 538.
Master in chancery, William Nassau, Sr., case
of Smithson bequest referred to, 25.
report of, confirmed, March 27, 1838, 55.
Materia medica, Beck, 961.
Mathematics, Cooper, 838; “Delta,” 883, 884;
Ewell, 982; Hubbell, 863.
Maule, Geo., award to, by Court of Chancery, 66.
Mansy; M. F., on programme of organization,
974.
services of, 395.
Maynard, H., remarks by, 717, 735, 740.
resolution by, 734.

1005

Mayor of Washington as Regent, repeal of act,
23, 725.
Meacham, J., resolutions by, 524, 568, 569, 572.
remarks by, 569, 570, 629, 650.
declined to serve on committee of investiga-
tion, 573.
appointed Regent, 524, 526, 649.
resignation of, as Regent, 650.
Mechanics, Institution, for diffusion of knowl-
edge, Henry, 950.
Medal by King of Denmark for discovery of
comets, 967.
Medals for original memoirs, Henry, 945.
to students, Chapin, 859.
Mediator, packet, Smithson’s bequest brought
to United States in, 102.
Medical jurisprudence, Beck, 961.
Medicine, Beck, 961; Chapin, 858; Cooper, 838;
Hubbell, 864; Wayland, 841.
Meigs, Gen. M. C., plan of building for Govern-
ment collections, 749, 753.
Memoir of Smithson by W. R. Johnson, 369.
Memoirs, rules for accepting, Henry, 945.
Memorials—
Agricultural Society of the United States, 261,
American Philosophical Society, 585.
B. Birdsall, 248.
citizens of Huron county, Ohio, 306.
citizens of Madison county, N. ys 352.
citizens of Steuben county, N. Y., 306.
citizens of Washington, 248.
convention of county superintendents of
common schools, N. Y., 353.
corporation of city of Washington, 200,
Chas. L. Fleischman, 171, 186.
Illinois Educational Convention, 648.
Walter R. Johnson, 171.
Kentucky State Agricultural Society, 200.
H. C. Merriam, 265.
jons. 8. Rafinesque, 201.
Regents relative to increasing trust fund, 506,
529, 708.
Regents to Congress relative to residuary
legacy, 131.
Regents asking appropriation for museum,

714.
Regents for building for collections, 748, 754,

De
Richard Rush, 248, 260.
Mercer, C. F., bill for observatory, 846.
Message of President Jackson, 135,
Tyler, 247, 262.
Van Buren, 159, 171.
Metaphysics, Chapin, 859; Hubbell, 864.
Meteorological observations, Estabrook, 990;
Henry, 945, 946; Manly, 990.
Meteorological work of L. Blodget, 590; Espy,
530; S. L, 532.
Miami University on programme of organiza-
tion, 978.
Michigan stock, account of, 120, 237, 246, 268,
270, 294, 639, 640.
Michigan, certificate of stock of, 253.
interest, explanation of, McClelland, 4387.
Treasury account with, 810.
Microscope, perfection of, Henry, 951.
Military Academy at West Point, character of
instruction in, 891.
act for support of, 158, 842.
bill to repeal part of act relative to, 242, 243,
245, 246,
on programme of organization, 977.
Mineral resources, Silliman, 963; W. R. Johnson,

174.

Minerals of Smithson, 109.

Mines, practical instruction in exploration and
working of, Tappan, 302.

Mining, Wayland, 840.

Mint of the United States, Smithson’s money
delivered to, in sovereigns, 110, 111.

Models, Chapin, 859.

resolution of Regents, 943.

Models of Antiquities, Gray, 969; Henry, 947 ;

Jewett, 960.

1006

Monroe, Jas., resolution by, 734.
remarks by, 734, 741. J

Moore, Nath’l F., on programme of organiza-
tion, 971.

Moral science, Rush, 852.

Moral statistics, Henry, 946.

Moral suasion to induce States to pay interest,
Adams, 434, 453, 465.

action of House on, 466.

Morehead, James T., remarks by, 331.

Morrill, Lot M., remarks by, 729, 730.

Morrill, Justin 8., resolution by, 752, 753.

bill, 752.

remarks by, 678, '751, 753.
Morse, Isaac i. bill, 430.

resolution by, 504.

remarks by, 428, 502.

Mounds, exploration of, Henry, 946, 955.

Muhlenberg, F. A., Jr.,on programme of organi-
zation, 990.

Munroe, James, resolution by, 236, 237.

Murray, Nicholas, on programme of organiza-
zation, 971.

Museum, Barlow, 911, 917; Chandler, 646;
Chapin, 859; Darlington, 901; English, 5765
Henry, 945, 958; G. P. Marsh, 414, 416;
Owen, 355; Poinsett, 899; Silliman, 962;
Tappan, 262, 302, 303; “ Delta,” 881.

memorial relative to increase of, 714, 749, 755.

necessity for new building for, Morrill, 751;
Sargent, 752; Stevenson, 748, 752.

resolution of Regents, 942.

expenses of, for 1868 in detail, 717.

necessity of increased appropriations for, Po-
land, 711.

the really popular feature, Holman, 680.

gift of an elephant to the Government, J.
Davis, 509.

not to be supported from Smithson fund, J.
Davis, 510.

national, should remain in buildings fur-
nished by Government, Silliman, 963.

should be taken off the hands of Institution,
Garfield, 720.

no obligation on Institution to receive Goy-
ernment, J. Davis, 509.

ne, part of plan to collect a large, J. Davis,

10.

report of organization committee, 931.

Government, connection of, with Institution,
664-672.

Patent Office, not to be taken by S. I., 505.

calculated to carry out purposes of original
grant, Holman, 678, 679.

INTy-

National, ridicule of improper use of title,
Allen, 345.
National Academy of Sciences, resolution to
publish report of, 702.
National agricultural school and farm, Fleisch-
man, 171.
National establishment, S. I. not a, 949.
National Institute, bill to incorporate, 239.
Darlington, 901, 908; Duponceau, 895, 898;
Poinsett, 899; Preston, 239; Linn, 238 ;
Walker, 340, 346; Woodbury, 322, 335.

debates on, 323, 335, 337, 340, 346, 350.

two Regents to be members of, repealed, 684,
685.

charter of, expired, 684, 685.

collections of, in Patent Office, 505.

collections of, now in 8. I., 653.

to nominate officers of the S. I., 238.

Masious! Museum and Botanic Garden, Darling-
on, 901.

National Museum, Gray, 969; Henry, 948.
collection to be entitled, Ingersoll, 462.
foundation of, Poinsett, 900.

National Univ Ch Cl
ational University, Chapin, 859; Clayton, 143;

Leigh, 142; Preston, 141. ' Na ;
See University.

INDEX.

Natural history, Darlington, 905; Henry, 945,
946; Hubbell, 863; Tappan, 263.
Natural philosophy Henry, 946.
Nautical Almanac, Adams} SL To ae
Navy, improvement of, Hubbell, 860.
Secretary of, co-operation asked by Institu-
tion, 943.
Deparemient, meteorological work of Prof.
spy, 533.
Nephew of Smithson. See Hungerford.
Neptune, Leverrier’s speculations, Gray, 967.
New Jersey Historical Society, on programme
of organization, 970.
Newspapers in which advertisements were
made for heirs of Smithson, 24.
New York Agricultural Society on programme.
of organization, 993.
New York, natural history of, 928.
Newton Theological Institution, Mass., on pro-
_ gramme of organization, 972.
Nichols, M. H., resolution by, 652.
Nicholson’s Magazine, 866.
Nicolet, collections by, 900.
Niles, John M., remarks by, 330.
com oe advocated, Owen, 379; Stan-
on, 402.
ridiculed by A. Johnson, 456.
action of House on, 462.
Normal school, Barlow, 914; Owen, 358.
action of Congress, Upham, 593.
North, Simeon, on programme of organization,
973.
North American Review, extract from, on li-
braries, 315.
Northumberland, Hugh, first Duke of, 1.
Northumberland, Duke of, 150. :

©.

Oakland College, Miss.,on programme of organ-
ization, 980.
Obituary notices of distinguished individuals,
Henry, 946.
Observatories, account of, 220, 234.
Observatory, Adams, 214, 397, 845, 846; Barlow,
913; Darlington, 902; Delta, 881, 885, 889;
Poinsett, 899 ; Stanton, 395, 396; Upham, 593.
Washington, on programme of organization,
974.
Greenwich, account of, 218, 229, 845.
Officers of Army, Navy, &c., to aid Institution,
Rush, 850.
Officers of the Institution, Upham, 601; Ameri-
can Antiquarian Society, 988.
digest of act relative to, 760.
Osle, Chas., committee of House, 171, 200.
Ohio, certificate of stock of, 255.
stocks held in trust by S. I., 246, 269, 270, 639,

640.
stocks, Treasury account with, 820.
Oldberg, first secretary of Royal Society of Lon-
don, 941.
Olds, Edson B., remarks by, 527.
Operations of Institution, nature and value of,
Garfield, 718.
account of, G. F. Hoar, 736.
Opinion of Attorney General Felix Grundy on
Smithson fund, 121.
Opinion of counsel, Th. Pemberton and Ed.
Op eat onite lan for S. I., Allen, 343
josition to any plan for S. I. en, 343.

Oninance officers, collections by, 900.

Organization of Institution, account of, 600.

Organization, programme of, proposed by Prof.

Jos. Henry, 944.
report of committee of Regents, 930.

Original memoirs, Henry, 945.

Original research, Chapin, 857; Henry, 945, 951.
report of organization committee, 931.
resolution of Regents, 941, 942.

Orr, J. L., Speaker, appointed Regents, 650.

Owen, D. D., collections by, 900.
geological report of, given to 8. I., 523.

INDEX.

Owen, Robert Dale, committee of House, 354.
bills offered by, 351, 356.
resolutions by, 410, 434, 436, 461, 463, 473.
remarks by, 355, 366, 407, 431, 449, 455, 458.
appointed Regent, 474.
appointed on committee on organization by
egents, 930.
report of, to Regents, on plan of organization,
930.

plan discussed, Barlow, 914.
Oxford University, Smithson graduated under
name of James Lewis Macie, 61.
publications of, Rush, 851.

Es

Packard, A.S.,on programme of organization,
980.
Painting belonging to Smithson, 78.
Parens patrice of the District of Columbia, the
United States, 139, 146.
Parker, James H., remarks by, 155.
Parker, Peter, proposed as Regent, 727, 734, 735.
elected Regent, 710, 711.
memorial relative to Centennial, 751.
Parsons, C. W., on programme of organization,
983.
Patent Office, condition of models in, Walker,

514,
collections, Walker, 514.
Government collections not to be removed
from, 505.
necessity for accommodations for, 515.
Pathology, Hubbell, 864.
Patterson, Jas. W., bills offered by, 707, 708.
resolutions by, 707, 709.
appointed Regent, 685.
committee to memorialize Congress as to re-
siduary legacy, 130.
presented memorial to Congress, 132.
resolution relative to Smithson residuary
legacy, 127.

Peabody, Geo., & Co., deposit of Smithson’s re-
siduary legacy with, 125, 127.

Peabody, Geo., did not claim commission, but
allowed four per cent. interest on Smithson
money, 127, 128.

Pearce, James A., bill offered by, 521.

remarks by, 325, 511, 518, 525, 536, 550, 561, 656,
658, 659, 663.

resolutions by, 506, 516, 521, 522, 524, 526, 535,
567, 649, 651, 654.

appointed Regent, 477, 649, 672.

special committee of House, 148.

Peirce, Benj., on programme of organization,
970.

on researches and publications of S. I., 588,
619.

Pemberton, Thos., opinion as counsel on case

of United States, 12.
selected as counsel by Mr. Rush, 15.
opened case for United States in Chancery, 20.
argument in Court of Chancery, 56.
statement of arrears in Chancery, 39.

Penal reform, Henry, 946.

Pendleton, James M., resolution by, 726.

Rennington, Wm., Speaker, appointed Regents,

Pennsylvania College, Gettysburg, on pro-
gramme of organization, 973.

Pennybacker, Isaac S., appointed by Regents
on organization committee, 930.

death of, 474.

Penny Magazine, 936.

Percy, Lord, 150.

Periodical exhibiting progress of knowledge
proposed, Grable, 589.

Periodicals, Henry, 947.

Personal effects of Smithson, 78, 108.

opinion of Attorney General relative to, 122.
con inen of, when received by Mr. Rush, 117,

schedule of, made at time of his death, 101.
transferred to Henry J. Hungerford, 101.

1007

Pettit, John, remarks by, 563.
report of Committee on Judiciary, on man-
agement of Institution, 563.
Phelps, John Smith, remarks by, 530, 531.
Phelps, Samuel S., remarks by, 330.
Philadelphia Museum, Poinsett, 899.
Ehiplosy; Henry, 946; Hubbell, 864; Kendrick,
982

Philosophy, mental and moral, Henry, 946;
Sparrow, 974; Wayland, 840. _ -
Physical Atlas of the United States, Henry,

945.

Ebyaical knowledge, great value of, “ Delta,”
87.

Enyce researches, provided by act, Pearce,
541

Physical science, Rush, 852; “ Delta,” 883.
aided by speculation, Marsh, 423.
of less importance than generally believed,
Marsh, 427.
Physical sciences, to be restricted to, report of
organization committee, 935.
memorial for institution for experiments in,
171, 172.
Physical statistics, Henry, 946.
Physics, Chapin, 858; Henry, 946; Hubbell, 863.
ERY sology, Beck, 961; Hubbell, 864; Wayland,

Pickard, Josiah L., on programme of organiza-
tion, 992.
Picture gallery, contents of, destroyed by fire,
687.
Plans for disposing of fund, 159, 837.
Plans for organization of S. I. See Diary of
Adams.
report of committee, Witte, 608.
expenlonee showed that no two men agreed on,
dams, 442.
history of discussion of, Upham, 592.
Planting and finishing roads and walks through
Smithsonian grounds, 521.
Plaster casts of works of art, Jewett, 959.
Plates and engravings of Wilkes’ narrative
transferred to S. I., 519.
Platteville Academy, Wis., on programme of
organization, 992.
Plea for a national museum and botanic garden,
Darlington, 901.
Pleasonton, S., statement of account, 54.
Poinsett, Joel R.,on National Institution and
Smithson bequest, 899.

Poland, Luke P., remarks by, 711, 712, 713.
resolutions by, 711, 722, 725, 726, 727.
appointed Regent, 710, 711, 721.

Political collectanea, Barlow, 921.

Political economy, Cooper, 838; Henry, 946;

MacMaster, 979; Wayland, 840.

Political events of the world, Henry, 946.

Political institutions, effect of, Adams, 152.

Political statistics, Henry, 946.

Pollock, James, resolution by, 504. ;

Polk, James K., Speaker, appointed commit-

tees, 148, 171, 198.
Pompeii, models of, Jewett, 960. ree
Pond, Enoch, on programme of organization,
972.
Postage, free, proposed on publications of S. L,
Henn, 524.
proposed for 8S. I., Mace, 527.
exchange packages to be free of, 726.
Potter, E. D., appointed committee House of
Representatives, 266.

Powell, J. W., appropriation for, placed under
direction of 8. I., 723. ;
Power of attorney to Fladgate, Clarke & Finch

to collect residuary legacy of Smithson, 125,
desired by Mr. Rush to act for President, 44.
granted to Mr. Rush to receive Smithson

legacy, 47.

Pratt, Thos. G., remarks by, 524, 525. :

Premiums for original papers, report of organi-

zation committee, 934.
for the best treatises on given subjects,

Cooper, 838.

1008

Premiums, Henry, 947, 952.
resolution of Regents, 941, 942. :
Preservation of couections, appropri
525, 654. f
appropriation, discussion on, 677, 709, 711, 716,
724, 754.
President of United States, power of attorney
to Fladgate, Clarke & Finch, 125.
suit to be in name of, 16.
See Messages.
Van Buren’s request for applications of be-
quest, 837.
Press, the importance of, in diffusing knowl-
edge, Henry, 955.
of University of Oxford for publication of
communications and lectures, Rush, 851.
Preston, Wm. C., committee of Senate, 166, 247.
bills offered by, 239, 247.
resolutions by, 242, 490.
remarks by, 141, 143, 146, 165, 242.
Price, Hiram, resolution by, 726, 727.
Pringle, B., resolution by, 572.
Printing essays, Owen, 359.
Printing essays and lectures, Rush, 851.
Prize medals to students, Rush, 855.
Prizes for essays on physical sciences, Birdsall,
248

ation for,

practical subjects, Morse, 431.
Professional schools, Wayland, 839.
Professor of astronomy, Tappan, 263, 302.
chemistry, Tappan, 263, 302.
geology, Tappan, 302.
natural history, Tappan, 263, 302.
Professors, 893; Chapin, 857, 858.
action of House on, 463.
as wants of science require, Tappan, 263, 302.
lectures on law, physic, or divinity excluded,
Tappan, 263.
law, medicine, exact sciences, physics, class-
ies, modern languages, English literature
American history, American constitutional
law, American institutions, civil engineer-
ing, architecture, practical application of
science to mechanic arts, Chapin, 857.
pure mathematics, applied mathematics,
astronomy, natural ph Poeonhy, natural his-
tory, science of rearing and taking care of
domestic animals and agricultural products,
oriental languages, modern languages, phi-
lology, criticism, logic, metaphysics, medi-
cine, law, homcopathic materia medica and
practice, Hubbell, 863.
on application of science to productive and
liberal arts of life, improvements in agri-
culture, manufactures, trades, and domestic
economy, Owen, 359.

See Tappan.

Professorships, report of organization commit-
tee, 938; Wayland, 841.

Programme of organization of S. I., by Prof.
Jos. Henry, 944.

Programme to be adopted provisionally, Henry,
949,

letters relative to, 961.

Proposed applications of Smithson’s bequest,

337

Protection of property, digest of act relative to,
762,

Provision for objects not mentioned in act of
organization, 762.
Pruyn, J. V. L., appointed Regent, 711.
resolution by, 716.
remarks by, 713.
Publications: annua] compendium of practi-
eal science, Barlow, 910.
reports on progress of knowledge, Henry, 945.
reports of progress in knowledge throughout
the world, report of organization commit-
tee, 934, 937.
treatises on subjects of general interest,
Henry, 945.
works in popular form on the sciences, Tap-
pan, 305.

INDEX.

Publications—Continued.

Smithsonian contributions to knowledge,
report of opaaeanon committee, 934.

books for the blind, Giles, 459.

prize essays, Morse, 431.

a new edition of Wilkes’ Narrative, 519.

Barlow, 913; Gray, 969; Henry, 951.

historical documents, Barlow, 921.

a political collectanea, Barlow, 921.

scientific papers from societies and individ-
uals, Rush, 851.

reper on new discoveries in science, Henry,
9

scientific works, Henry, 952.

transactions, Duponceau, 897.

Barlow’s schemes of, 922.

volume of practical science, Barlow, 920.

works in popular form on the sciences and on
the aid they bring to labor, Tappan, 302.

in brief and popular form on subjects of gen-
eral interest, report of organization com-
mittee, 934.

authorized by Regents, 941, 942.

action of House on, 467.

difficulties in, Upham, 598.

exchange of, Chandler, 647.

exchanged for those of other establishments,
Henry, 945.

of Institution, account of, English, 577;
Meacham, 635.

for teachers, not for pupils of schools, Henry,

937.

to ibe sent free by mail, proposed, B. Henn,

estimation of, in Europe, 586, 618.

rules for, 621.

resolution of Regents, 942.

sales of, Barlow, 927.

on agriculture, education, &c., proposed, Em-
brie, 490.

Puryear, R. C., appointed on committee of in-

vestigation, 573.

remarks by, 608.

declined to sign report of committee on in-
vestigation, 589.

@.

Qualifications of Secretary of 8. I., report of or-
ganization committee, 940, 943.

Zep

Ragsdale, B. H., on programme of organization,
993.

Ramsey, Alex. S., remarks by, 731.

Randall, Benj., committee o House, 247.

Randall, 8. J., remarks by, 744. _

Randall, S. S., resolutions relative to bequest,
353.

Rathbun, Geo., remarks by, 445, 456.

resolution by, 465.

Real Estate Bank of Arkansas, 252.

Record of scientific discovery proposed, Barlow,
920.

Regents, appointment of, 474, 475, 476, 477, 478,
487, 490, 502, 506, 616, 518, 519, 522, 523, 524,
526, 535, 568, 673.

elected, 354, 490, 502, 506, 519, 523, 524, 535, 568,
648, 733, 734.

discussion of candidates, 734.

digest of act relative to, 759.

to be members of National Institute repealed,
684, 685.

authorized to use Library of Congress, 733,
747.

Governor of Territory to be one of the, 723,
725.

authorized to purchase City Hall, 475.

how they should be selected, Cox, 742; Hoar,
736; Maynard, 740; Monroe, 741; Storm, 743,

organization of, Barlow, 916, 919.

remarks on title of, A. Johnson, 485.

no right to draw expenses and mileage as

INDEX.

such and as members of Congress, A. John-
son, 496. abit
programme of organization by Prof. Henry
presented to, 944. J ;
have managed affairs wisely, faithfully, and
judiciously, Witte, 628.
ought to be sustained, Clayton, 562. _
memorial 6f, for new building, 749, 754.
memorial from, to Congress on extra fund,
506, 529. P:
resolution relative to G. E. Badger, 478, 675,
676. Rai.
resolutions adopted on plan of organization,
941, 942. :
resolutions of compromise, 941, 942. C
resolutions relative to residuary legacy, 125,
182.
resolutions on plan of organization, 930.
Rencher, Abr., resolution by, 170,
Renwick, James, Jr., plan of building adopted
by Regents, 932.
Report of Prof. Henry, extracts from, for 1861,
123 ; 1862, 125; 1863, 125; 1864, 126; 1865, 127.
committee of Senate and House relative to
the fire at the Institution, 686.
Committee on fire, extras printed, 689.
Committee of Regents relative to fire at S. I.,

686.

Secretary of S. I. on residuary bequest, 123,
125, 126, 127.

Institution, printing ordered by Congress,
478, 487, 490, 504, 505, 506, 516, 517, 518, 519,
522, 523, 526, 534, 567, 568, 628, 649, 650, 651,
652, 653, 654, 672, 673, 675, 677, 682, 683, 685,
689, 702, 706, 707, 708, 709, 710, 711, 715, 716,
721, 722, 723, 724, 725, 726, 727, 728, 732, 733,
745, 747, 748, 753, 754, 756. }

Executive Committee of the S. I. on residu-

ary legacy, 128.
on the canal, 710.
organization committee of Board of Regents,

930.
Secretary of State, 135, 157, 159.
Report to Congress to contain popular account
of memoirs, Henry, 945,
digest of act relative to, 761.

Reports on uew discoveries in science, Henry,
946.
progress of knowledge, Henry, 945, 956.
progress of knowledge authorized by Regents,
941, 942.
knowledge, how distributed, Henry, 946.
Reports of 8. I, why Congress should print,
Hamlin, 729, 732.
why they should be freely circulated,
J. Davis, 517.
objections to printing, A. Johnson, 487, 493.
2,000 ordered from stereotype plates, 724, 726.
Researches, Agassiz, 587, 620; American Acad-
emy, 967; English, 577, 580; Henry, 945;
Meacham, 636; Pearce, 541; B. Peirce, 588,
619; Silliman, 963; Witte, 617,
Residuary bequest of Smithson, 123, 124, 125,
126, 127, 128. 129, 130, 131, 132, 706.
Resignation of Rufus Choate as Regent, 535.
remarks on, by Badger, 554; Butler, 560;
Clayton, 561; Douglas, 6550; Mason, 545;
Seward, 558; Weller, 561.
debate in House on, 569.
Heeolucion to retain proceeds of public lands,
¢., 350.
Resloution of Regents to enlarge permanent
fund, 508.
Resolutions by convention of superintendents
of schools in New York, 353.
relative to residuary legacy, 125, 132.
Resolutions on plan of organization adopted by
Regents, 941.
Beviey oe current or emergent literature, Wy-
ie, 983.
Rewards for memoirs containing new truths,
Henry, 945.
Rewards, Humphreys, 976,

64

1009

Rhees, Wm. J., loss by fire at Institution $1,200,
688.

Rhetoric, Wayland, 840.

Rhett, R. B., remarks by, 499, 518.

Rhode Island Historical Society on programme
of organization, 983.

Rice, Henry M., remarks by, 669.

Rice, John H., bill offered by, 703.

resolution by, 703.

Richardson, Wm. A., remarks by, 676.

Riggs & Co., account of Smithson residuary
legacy, 128.

deposit to credit of, 133.
Bey, H. J.,on programme of organization,
Rives, W. C., committee of Senate, 166.
remarks by, 327.
Robbins, A., bills offered by, 166, 167, 168.
committee of Senate, 166.
remarks by, 159.
resolutions by, 159, 166, 169.
Roberts, Ellis H., resolution by, 725.
Hops E., on programme of organization,
(i.

Roman literature and history, 877.

Rothschild, M., to pay R. Rush’s expenses in
London, 7.

Royal Institution, London weekly meetings of,
Henry, 958.

plan of, for publication, 621.

Royal Society for increase of knowledge,
Henry, 950.

Royal Society of London, Smithson’s original
bequest to, 587, 599.

Smithson’s misunderstanding with, 587,599.

Rules of Institution relative to scientific publi-
cations, 621.

Rush, Richard, appointed agent to prosecute
claim of United States to Smithson’s be-
quest, 6.

bond for $500,000, to be given by, 6.

compensation to be $3,000 per annum, 6.

contingent expenses to be $2,000, 6.

letters of, 6.

arrival in New York August 28, 1838, with
Smithson bequest, 109.

account of Smithson by, 369.

elected Regent, 506, 649.

account of expenses, 39.

annuity to Madame De la Batut, 123.

in account current with Thomas Aspinwall,
103.

in account with the Smithson fund, 104, 107.

claim for additional compensation, 260,

act for relief of, 261.

proposed application of bequest, 849.

interpretation of act of organization, 538,

object of S. I., 371, 399.

plan of, discussed by Barlow, 912.

Rusk, Thos. J., resolution by, 526.
Russell, Samuel S., resolution by, 628,

=e

Salaries, Barlow, 917, 918; Chapin, 858.
Salem Atheneum on programme of organiza-
tion, 972.
Sales of Smithson’s stocks by Mr. Rush, 70, 73.
Sales of stock of Smithson bequest, 115.
Saracens, influence of, 872.
literature and history, 878.
Sargent, A. A. appointed Regent, 728.
resolutions by, 733, 752, 754.
remarks by, 751, 752.
memorial relative to Centennial, 751.
Sawyer, Wm., remarks by, 386, 408.
Schedule of personal effects of Smithson, 108.
Scholars exercise the widest and most perma-
nent influence on man, Marsh, 424.
School houses, Smithson’s money should have
been applied to, A. Johnson, 488.
School plan, Adams, 844; Darlington, 902; Du-
ponceau, 898; report of organization com-
mittee, 938.

1010

School of mines, 886.
School of natural science, 883.
School of sciences, 891.
Science, object of, Marsh, 415.
not confined to physical research, Marsh, 427.
not limited to material objects, Marsh, 415.
and literature to be promoted, 165.
applied to arts, Henry, 946.
Sciences, Chapin, 858. !
Scientific and literary institution, Robbins, 159,
167.
Scientific discovery, Barlow, 912. y
Scientific investigations of the Institution, Hoar,
737

Scientific men demand everything, Meacham,

633.

Scientific publications not remunerative to au-
thors, Henry, 952. i

Scientific school not necessary, South. Lit..
Mess., 891.

Sculpture, casts of, Henry, 947.

Secretary, digest of act relative to, 760.

duty of, Henry, 947. 2

management wise, faithful, judicious, Witte,
628.

powers of, Pearce, 545; Upham, 605.

power to remove assistants, Berrien, Dallas,
Taney, Witte, 623.

recommendations relative to residuary leg-
acy, 129.

report of, on residuary bequest of Smithson,
123, 125, 126, 127.

reputation of, Amer. Academy, 970. _

qualifications of, report of organization com-
mittee, 940, 943; resolution of Regents,

943.
Seeds, plants, and productions, Rush, 850.
Seeds. See Tappan & Owen.
Selye, Lewis, remarks by, 713.
Sevier, Ambrose H., remarks by, 242.
Seward, W. H., remarks by, 558.
Seymour, Lady Elizabeth, 150.
Shadwell, Mr., selected by Mr. Rush to assist
counsel, 15.
Sheep, improvement of, Hubbell, 868.
Sheldon, D. N., on programme of organization,
992.
Shepard, C., House committee, 171, 200.
Sherman, Gen. W. T., elected Regent, 721, 722.
Sherman, John, remarks by, 692, 706.
resolution by, 727.
Sherwood, Isaac R., resolution by, 734.
Shipping expenses of gold to United States,
103, 104, 106.
Silkworms, raising, Hubbell, 863.
Silliman, Benjamin, on programme of organiza-
tion, 962.
Silliman, Benjamin,
organization, 964,
Simmons, James F., remarks by, 331.
Sims, Alex. D., committee of House of Repre-
sentatives, 354.
bill offered by, 459.
remarks by, 436, 438, 440, 460.
resolution by, 465.
Singleton, O. R., resolution by, 756.
Site of buildings, digest of act relative to, 761.
Skinner, J. S., memorial of, 262.
Smith, Albert, of Maine, House committee, 200.
Benth, Aug. W., on programme of organization,
974.
Smith, F. O. J., committee of House, 171.
Smith, Henry, on programme of organization,
989.
Smith, John A., memorial of, 262.
Smith, Samuel A., resolution by, 653.
Smith, Truman, committee of House, 247.
remarks by, 494, 498.
Smith, Wm., remarks by, 531.
Smithson, Hugh, 150.

Smithson, James, account of, 9, 10, 12, 36, 61, 62,
150, 369.
bequest of, 9, 58, 61, 68, 69, 394,

Jr., On programme of

INDEX.

Smithson, James—Coutinued.

character of, 61, 62, 394, 413, 429, 432, 438, 547,
613, 644, 865, 866, 898, 950.

character of institution, founded by, 153, 438°
634, 882, 910.

estate of, 9, 11, 58, 71, 74, 76, 112.

estate of Col. Dickinson, received by, 36.

intended to leave fortune to Royal Society,
587, 599.

library not required by, 588, 619.

notice of Smithson Tennant, 867.

opinions of, 438, 582, 869, 898, 949.

publication of papérs of, refused by Royal So-
ciety, 587, 620.

personal property of, 74, 78, 101, 108, 117, 118,
122, 264, 762.

researches of, 369, 394, 866, 867, 881.

sentiments expressed by, 634, 910, 949.

will of, 9, 10, 587, 944.

writings of, 582, 866, 868.

Smithsonian’ Contributions to Knowledge,
Henry, 945; Martin, 979; Packard, 980;
Rhode Island Historical Society, 984; reso-
lution of Regents, 941, 942.

Smithsonian Institution should be beyond
reach of Government, Barlow, 927.

Snell, Prof. E. S., proposed as Regent, 738.

Societies, transactions of, Henry, 947.

Society for the diffusion of religious knowl-
edge, Henry, 950.

Society for diffusion of useful knowledge, 936 ;
Henry, 950.

Solar tables, Manly, 989.

Solicitors engage by Mr. Rush, 8.

Solution of experimental problems, Henry, 945.

Southard, S. L., remarks by, 144.

Southern Literary Messenger, proposed appli-
cation of bequest, 864, 890.

Sparks, Jared, on programme of organization,
970.

Sparrow, Wm., on programme of organization,
974.

Spaulding, E. G., remarks by, 703.

Speaker of the House. See Polk, Hunter,
White, Jones, Davis, Winthrop, Cobb, Boyd,
Banks, Orr, Pennington, Grow, Colfax,
Blaine, Kerr.

Specimens, distribution of seeds, plants, &c.,
Tappan, 262, 303.

to be classed and arranged, Owen, 358.

Speculations, how to be treated, Amer. Acad-
emy, 967.

Speculations to be rejected, Henry, 945, 952.

Speight, Jesse, special committee of House, 148.

Spencer, John C., report of Secretary Treasury,
267.

Spinner, Hon. F. E., deposit with, 128.

Squier & Davis on monuments of the Missis-
sippi Valley, 966; Moore, 971; Wayland,
978

St. John’s College, Annapolis, Md., on pro-
gramme of organization, 976.
Stanley, J. M., loss of pictures of, by fire, $20,000,
687, 688.
Stanton, Benjamin, appointed Regent, 650, 672.
resolution by, 672.
Stanton, F. P., remarks by, 389.
Stanton, Richard H., resolution by, 534.
Statement of Smithson fund, 639.
Statement of stocks of Smithson fund, 639.
State, Secretary of, letters, 5, 837.
to Committee on Ways and Means, 157.
to Committee on Finance, 157, 158.
co-operation asked by Institution, 943.
States in default for interest not to have pro-
ceeds of sales of lands, 351.
Statistics, Henry, 946, 947; Barlow, 921.
State stocks, acts for investment in, 158.
act to prohibit investment in, 245, 246.
account of, Adams, 250.
offers of, requested by Secretary of Treasury
Woodbury, 277, 278.
copies of bonds, 252.
investment in, 236, 237, 365, 637, 639.

INDEX.

State stocks offered for Smithson fund—
Arkansas, 285, 287, 288, 289.
Delaware, 286.
Illinois, 284, 287, 288, 290.
Indiana, 277, 278, 281, 283, 285, 286, 287.
Kentucky, 283, 288, 289, 290.
Louisiana, 280.
Maine, 282, 284.
Massachusetts, 283, 290, 291.
Michigan, 279, 287, 290.
Mississippi, 277, 278, 282, 285.
Missouri, 285, 286.
New York, 281, 290, 291, 292.
Ohio, 287, 289, 291, 292.
Pennsylvania, 289.
Tennessee, 278.
Virginia, 279, 280, 284, 285.
Steam, Atlantic crossed by, in 1838, Rush, 854.
Steam boilers, explosion of, investigation,
Henry, 955.
Steam navy, Hubbell, 860.
Stephens, Alex. H., resolution by, 649.
Stereotype plates of reports to be reprinted, 722,
724, 726.
Stevens, Thaddeus, remarks by, 520, 680, 703.
Stevenson, Mr., United States minister to Eng-
land, 10, 14, 58.
petition from Mr. De la Batut sent through,

37.
Stevenson, J. W., memorial relative to Centen-
nial, 751.
resolutions by, 724, 727, 728, 748.
remarks by, 724, 748, 752.
appointed Regent, 724.
Stewart, A. P.,on programme of organization,
983.
Stewart, A. T., proposed as Regent, 727, 734, 739.
Stock, sales of Smithson’s, by Mr. Rush, 70, 73.
Stocks in which Smithson fund was invested,
252, 257.
Stocks. See State stocks.
Stocks of United States held in trust for Smith-
son fund, 824.
Storm, John B., remarks by, 743.
Storm King, appropriations for Prof. Espy, the
so-called, 530,
Storms, law of, Silliman, 963.
Storms to be investigated, Henry, 945.
Stuart, D., remarks by, 532.
appointed Regent, 526.
Students, two from each State to attend lectures,
have expenses paid, &e., Rush, 855.
to be selected from States, Sawyer, 406.
to be admitted free, Tappan, 262, 263, 302, 303 ;
Owen, 359. ‘
admission of, action of House on, 463.
to pay board by labor on farm of 8S. IL, King,
406, 408

, 408.

Suits of nations by their executive heads, 23.

Sumner, Chas., resolution by, 675, 704, 727.
remarks by, 690, 704.

Superintendent of Institution, to be also pro-
fessor of agriculture and _ horticulture,
Tappan, 263.

to be professor of agriculture, horticulture,
and rural economy, Tappan, 302.

to be librarian and keeper of the museum,
Owen, 358.

Surgery, Beck, 961.

Surrey Institution, for diffusion of knowledge,
Henry, 950.

Surveys, Silliman, 963.

Surveys of places celebrated in American his-
tory, Henry, 946.

Swain, David L., on programme of organization,

991.
Swedish Academy, report of Berzelius to,
Henry, 956.

ayes

Taney, Chief Justice, interpretation of act of
organization, 538.

1011

Tappan, Benj., bills offered by, 262, 302, 332.
Senate committee, 247, 262.
remarks by, 245, 324, 326, 331, 337, 349.
object of S. I., 372.
Tappan’s plan discussed, Barlow, 913.
Taylor, N. G., appointed on Committee of In-
vestigation, 573.
report of Committee of Investigation, 608.
Relosraphy discovery and invention of, Hoar,
3

Temples, models of, Henry, 947.

Temujin, history of, 877.

Tennant, Smithson, notice of, 867.

Ten Eyck, John C., resolution by, 663.

Theology, Elliott, 985.

Theological Seminary, Fairfax, Virginia, on pro-
gramme of organization, 974.

Thomas, Benj. S., remarks by, 682.

Thomas, Francis, committee of House, 148.

Thomson’s Annals of Philosophy, 866.

Thompson, Jacob, resolution by, 519.

Thompson, Waddy, committee of House, 171.

Thrall, Dr H. L., report on axial forces of mat-

er, 992.

Thurman, A. G., remarks by, 440, 448.
resolution by, 468.

Tibbats, John W., resolutions by, 461, 462, 467.

Time, computation of, 216.

Title to suit in name of the President of United
States of America, 21.

Toland, Geo. W., resolution by, 237.

Toombs, Robert, remarks by, 563.

report of Committee on Judiciary on man-
agement of Institution, 563.

Topographical surveys, Henry, 945.

Totten, Joseph G., proposed as manager of S. L.,
334, 349. -

proposed as Regent, 360.
elected Regent, 506, 649.

Toucey, Isaac, report of Committee on Judi-

ciary on management of Institution, 563.
remarks by, 563.

Transactions of American Philosophical So-
ciety, 897.

Transfer of library of Smithsonian to Congress,
704, 707.

Transfer of specimens from Land Office, 724.

Translations, Henry, 946, 956.

Treasury, Secretary of, to invest bequest in
State stocks, 158.

claims that Smithson’s residuary legacy is
not under the control of the Regents, 129.

co-operation asked by Institution, 943.

investigation of explosions of steam boilers,
Henry, 955.

report from, on Smithson fund, 236, 246, 252,
266, 268, 637.

to retain proceeds of sales of lands from
States in default for interest, 351.

to receive deposits by Regents, 709.

proposals for State stocks, 277, 278, 286, 287,
288, 290, 292.

Treasury of United States, account with Smith-
son fund, 803.

Regents ask Congress to place $150,000 in, 507.
to receive residuary legacy of Smithson, 709.

Treatises on particular subjects, Henry, 957.

Trinity College, Hartford, Ct.,on programme of
organization, 992.

Trumbull, Lyman, bill offered by, 683.
resolutions by, 675, 683, 685, 706, 707, 710, 721.
remarks by, 684, 698, 699, 705.
appointed Regent, 673.
memorial passed Senate, 132.

Trust, nature of the, Adams, 843; Chandler, 642,
645; English, 581, Garfield, 718; G. F. Hoar,
736; report of Committee on Judiciary, 563.

Trustee, duties of United States as, 865; J.
Davis, 701; Hendricks, 696; Henry, 944;
Hilliard, 497; Hunt, 461; A. Johnson, 495.

Trustees, duty of, Adams, 153; Rathbun, 456;
Thurman, 448; Trumbull, 698; Wick, 460.

of orn School Society of New York, report
ol,

1012

Tucker, Geo., proposed as manager of S. L, 334,
349.
~ Twichell, G., resolution by, 714.

wy

Underwood, Jos. R., committee of House, 247.

Union Theological Seminary on programm of
organization, 977.

United States of America, bequest to, 2.

United States, first suit of, in an English court,

stocks and bonds, account of, 127, 128, 129, 153,
256, 269, 270, 639, 824.
right of, to prosecute claim for bequest
United States Military Academy, West
See Military Academy.
Universities of Germany, account of, Hubbell,
862.
University of Alabama on programme of organ-
ization, 989.
of Gottingen, Chapin, 858.
of Nashville, Tenn., on programme of organ-
ization, 982.
of een Carolina on programme of organiza-
ion, 991.
plan forS.I., Adams, 844: John Q. Adams, 210;
Barlow, 911, 912; Chapin, 857; Choate, 308;
Cooper, 838; “Delta,” 874, 883; Darlington,
902; Hale, 662; Hubbell, 861; A. Johnson, 489;
Morse, 430; Preston, 141, 142; Rush, 849;
Robbins, 159, 164; Southern Literary Mes-
senger, 892; Stanton, 399; Tappan, 302; Up-
ham, 592; Wayland, 839.
Upham, Chas. W., bill offered by, 527.
resolutions by, 527, 574, 589, 628.
appointed on Committee of Investigation, 573.
report of Committee of Investigation, 589.
remarks by, 589.
Upson, Charles, remarks by, 712.
Useful arts, efforts of S. I. to be restricted to,
report of organization committee, 936.

139.
Point.

avons

Vail, A., letters, 4.
Van Buren, M., message of President, 159.
application of bequest, 837.
on object of S. I., 370.
Vance, Robert B., resolution by, 754.
Velocity of electricity and light, investigation
of, Henry, 946.
Vesuvius, account of, by Smithson, 867.
Victoria, Queen of England, Smithson’s bequest
granted by court in first year of reign, 62.
Vice-President of the United States. See Dal-
las, Fillmore, King, Atchison, Bright,
Breckinridge, Hamlin, Colfax, Carpenter.
Vinton, S. F., remarks by, 388.

Wiz

Watt, M. R., memorial relative to Centennial,
51.
Walker, Isaac P., resolution by, 508.
Walker, R. J., remarks by, 144, 242, 346, 512, 513.
Wallach, Richard, resolution by, relative to re-
siduary legacy, 130.
report on fire, 689.
Wallenstein, M. de, 848.
Warner, Hiram, appointed Regent, 649.
Warren, Edw. A., resolution by, 529.
War, Secretary of, co-operation asked by Insti-
tution, 943.
Washburn, Jr., Israel, resolution by, 572.
Washburne, E. B., resolution by, 682, 704.
remarks by, 703, 704, 712.

| v

INDEX.

Washington on a National University, so4.

Washingox, Smithson’s bequest for benefit of,
39, 142.

natural advantages of, Marsh, 418.

why Smithson fixed Institution at, Henry, 950.

Waterville College on programme of organiza-
tion, 992.

Wayland, Francis, object of S. I., 370.

on application of bequest, 839.
on programme of organization, 977.
plan of, discussed, Barlow, 912.

Ways and Means Committee, Secretary of State,
letter to, 157.

Webster, Horace, on programme of organiza-
tion, 991.

Webster, Noah, spelling book, influence of, 409.

Weller, John B., remarks by, 561.

Wells, Daniel, appointed on Committee of In-
vestigation, 573.

declined to sign report of Committee on
Investigation, 589.

Wentworth, John, resolution by, 466.
remarks by, 520.

Wesleyan University, Middletown, Conn., on

programme of organization, 974.

Westcott, James D., remarks by, 475, 477.

Western Theological Seminary, Alleghany City,
Penn., on programme of organization, 984.

West Point Military Academy. See Military
Academy.

on programme of organization, 977.

Wethered, John, appointed on committee of
House of Representatives, 266.

Whipple, Chas. J., on programme of organiza-
tion, 972.

White, Hugh, resolutions by, 478, 479, 480, 499.

White, John, Speaker, appointed committees,
247.

White, T. W., letter to, on bequest, 865.

Whitney, J. D., geological services of, Hoar, 739.

Whittlesey, Elisha, memoria’ of, 262.

Wick, W. W., remarks by, 460.

Wilde, Henry, proposed as manager of S. I.,
334, 349.

Wilkes’ exploring expedition. See Exploring
Expedition.

Wilkes’ Narrative, plates and engravings to be
delivered to S. L., 519.

Will of James Smithson, 1, 944.

William Nassau, Sr., Master in Chancery, to
whom case of Smithson bequest was re-
ferred, 25.

William and Mary College, Va., on programme
of organization, 982.

Williams College, Mass., on programme of or-
ganization, 972. “nA
Williams, John, on programme of organization,

992.

Wilmot, David, committee of House, 354.

Wilson, Henry, resolutions by, 675, 711.
remarks by, 675. é

Wilson, James P., on programme of organiza-
tion, 973.

Wilson’s sacrifices to produce his work, Henry,
952. .

Winthrop, R. C., appointed Regents, 487.
ruling by, 489.

Witte, W. i, remarks by, 608. ?
appointed on Committee of Investigation, 573.
report of Committee of Investigation, 608.

Wood, Brad. R., remarks by, 458.
resolution by, 464.

Wood, F., remarks by, 739.

Woodbury, Levi, remarks by, 242, 244, 325, 535,
340.

request for offers of State stocks, 277, 278, 236,

287.
Woods, Leonard, on programme of organiza-
tion, 978.
Woolsey, T. D., proposed as Regent, 674, 631.
elected as Regent, 681, 710, 711. Q
Works on sciences, &¢c., to be published and
sold at cost, Tappan, 302.

INDEX.

Works published by the Institution, account of,
English, 577.

Wray, Mr., represented Attorney General of
England in Chancery, 20. Rie
Wylie, Andrew, on programme of organization,

982.

aA
Yale College on programme of organization,
962.
Yeas and nays, House, 352, 434, 435, 436, 461, 462,

465, 466, 467, 468, 469, 604, 571, 572,
ne eee. 653, 713, 714, 767.

1013

Yeas and nays—Cantinued.
Senate, 146, 169, 353, 354, 672.
Yell, Arch., remarks by, 888, 483.
Yost, Jacob S., appointed on committee of
House, 266.
Young, Casey, remarks by, 755

2s

Zoological garden, Poinsett, 899.
Zoological institute, 885.
Zoological menageries, 881.
Zoology, Henry, 946; Silliman, 9863.

sf
ieee a
; Py ;
n I ; i a bog Q a F 0 LMT, c i
ye ae | rene ya Ve
OR aia LN ee ae ; ' :
a ve pele. tomas Aa Pr.
: te ' Ws; ! Z
4 iw
nye OY Ws
+ a f i !
' i 1
; Ween } j i
y Pia ? u ; p
vee K - :
Mi “
: =
a i” si
\
(
e
.
=
a
¥
® ‘
‘
i
.

t
, i
; t
:
.
”
\
I
e ‘
. :
: f
:
*
}
’ x
*
:
i
;
F
.
ih)
i
‘ 7
? ’ '
w ]
i
x
0
J :
;
4
| 4 *
7
/
al 7
! x
1
(GBS ay

|
|

WW

Wn

iV
WW

RRA,
AOA Ww
LW

aay
www
v CICA Mh AUN
UN
‘i 5 ie i
We Wy
Wie V iv
VU USUy

My

Rey

us
Y
J
1)
1

>> SS >> ID
yD LID DS >
Dre D Pip.

“Wy
CEG
VASA

A-ha

IS Cin wre
fw © =

vy
WIV AA AUIS,

Sa Ahaha

|

\-

pA IY)
RAAT,

uy w¥

Wig

hse) ie,

Eee
_ 22” D>

oN

cep eee J
es

wa

\ A
NV

10 Bf
Wh
\V

ue

a> ae» ae

many
ae

Ses > ee
»IDD >. S> - > >> DB
Sirs st >

vy
~

. IDD SY

‘i

DAVILA)

i

fi

)

3333555:
>>> Ps > el
= > SP

WVU

WAWIVLS,
WIS Ie ie

os

ss

cd ee

Ha

> De SS Spa
is > > T>) >> > >>>). hb)
> Se’ DD333yY YD ™
ie se EP > >> > ee
so eS ee eee

>>
See > >>> ED ID
>> >t > >> Sess >> >),
Bs Sts Ss Soe ee > Le
CF ee ee »> >» SID > Pp YW D

hi SSR D SDD > TP D> dD
yooh if os a 4 , 2») Bw 3 ee
Soe, ht 2D DS > 2S Sy 5
Saree) > SSsm>>5p So >
So 2 Sa te > oS Lee
Pt. 2 >>> > PW ISD “Dw

5 [2>> D> DSW 3D DS»?

ab ane eet pe 2» > >>> >...) a

Vivre
vr
win
VEN
‘i
is
ae
NL
nde

Y,

-D

Oa
YT

SU AN
vey

v
CAN
CUE

2 i> “DID ,
D> 22D —. eg > > ee
E> ages en ed ‘Sr b>

NAVAULO AOR AS
WK
Vv
Che
C

of
Vv
vy
A
S
vy
Y)
y
~)
y
¥
v
4

vy)

vy

y
wy

vy)
Vyyyniy MA
AN

WAY)

y
Wy

MOY
A
¥
Wil
Wei
MAY
ie
‘
c
V
VA
NV
vi

ONY
vie
8

has
Mi

RO RDIIS hen
SOREN
i

Reich
wu

>
ae <= = F >>>») DP: =< . pap Fi J >»
Dee 333 Soe 2337 So
SD 2 ES 25D D 3 Dow SUD) DID.
23 Se >) III PDO” are B32,

> Dd): , a es aap Se >>> de eaten >>» p>

Sie tee See ee Se SS 2222 DP’ pas
>. LD _ PDD. _ > ID: D> 2 PAE DDD >?
De > > Bis 52. > yt >> ae ae ee
d ». DDD» D> >22> we ag >
D3 D9x DS > a.
Sie S33 2/3 =p 2 >
a es >> a ae > es

> j>) > 2D 7D ee
ye Spr? > Se

:
\

SS ae
i>

Ss ae >>>

Y
¢

.

ay

y
y
y
VW
wi
YY
el

WW

v

v
;
y
v
,
I]
MY
wy
A]
M
y
i]

tes See Se Sie Pa

>> Te D> ee >*¥ > wD
> 2 a ee he ey PP es
> Dae > >_Ee > 2B

J
vv
vv
wy
y
|
y
Y
i)
:

“i

i)
Ch RRA le)
Nader

vy
n

YY

f

Ny)

y

v
si"
v

y

v
y
y
¥
VV
d
Vv,

¥

oy
vy
7
:

:
nw
i eer)
N)
V
V

wiv
i
v
vi
ACES
WA,
re
c
V

Ny
1)
Wo
iy
i
Mi.
vy
OAV
ii
Y 5
y
Uy

Y
WN

ra

Oey)
WV

Ma
y
Y

©
ae
g

>») > ae

yVGe
LNG
Nei

UWI
, i
Wye
Ny
V

Vv

Le

My
Wha
ay
Ws
bu

"ae

uy
y

¥
Vv)
we Md
fv tease

y
OM
Miah e
y
Sy
Y)

itn

Oe
Vv
vg

yn
Ohh

Mv.
vane,

Ste ete wee
oy i > ee Pe 4 2 > ae a

= D> DP See A > z "So

Se ks

w
ey

eA
V
uve
v
os

, ae
Ow a~)

¥
M

>>. ae pee: > PD e.
5p Se> > ee re ad
cm > ok See 4
DID _DP os y wD —->»
Spo SDP > 75D >... 2”
> _ BRD DD D>
Sip De? Dw 2.
SS Dy DS DS >
>> Dy> DD .2>”
>>> Dwr DD >>

53D" SDP DDD D>”
<< »D DP > DD»

I>? _—Dye>>.
Sts ee Se > oe te

vie
V

¥ Cie
’

AY

Ce

OAT he
y
Y
;
ee
Uv
a Pay}

ie)
a
V

V\ Rae
We Xe
ne

Ww
W
Moh |
ae
a
WN

WM

mye

;

v
Y
Meee

igs
ee,
ve

SR

i)

IVS

MICO

ve

Vj}

re}
ray

a7
Wi
Be

Wy

v
wv
y
y

ey
Vf
¥
YY
a
Y
Ain ate NG Pag
LCOS,

v

ws

IY
OR

Io
Se

2uY
Roe OC RTs
vi CBS

Vy

iy Le

iVaw

Ma)

iH v

Vy
_~ ms)

yi
Mevave
YY yyy
eee

wv
wy

WV

vf
ae

V

AAO he WW YY
rae
vy
LC
v
i
wu

CANO AC hed
MUON

V
Yi J vid Al
ASEa hed J
Y

y
MY
FL ii
,
vy

Be
Wy

Vv

A
oy
NY

My
PM a
PM

wy

Y
y
Ww
y
iN
7
‘
ey

ae

si

AAV ACIS
A

wierd
Sh

Py

ad VAC ne) wt
BEY

Vir)

WV

wie
mot

SATAN LM CAML

STS
V
S
:
Y

VM
Oy

yw YY,

¥
vy
WV
ue
ra

Ds = ey > b> ie FPDP m =
>>. Do»> “SD” D>
“D> 2>> D»eo>yds >
aS op 2 2 pp >. I»
SSID Dy a> Py? >>> > ae
> D> DDd> DD Dw 7 >?
“>> D-DD 32259 . Sw > ?
: Ses D> DDD : > 22> 2
> eh > eee So ae
Pi

eh
WWM\
Re

. a

e
vue
eeu)
.

Nie
wi
‘
vy

Vay
way
AY)
Yi

ViCAU AW ii
y
VOUS S

" VAUI
y MU } Awe
rf
i}
v
WV
BY

J

y
:
Ryan

V
ep
e
Vy
a
Vi
My

iy

iy
iv
ee
wy
vl
:
V
V
MV

ane)

NY

wy
Oh
Y
Me
oy

AMIN RS

a

We
4
y

i
¥
US
a
Tae,
wy

]
We
v 4
y

ey
vised

>.>) _ D>

eas >
p> > Dw: 5D OD DX —Y2YO>> DX» - tl
> S52 SDD DF Dy» Ddsd DDH YD» >
Se) > ea >> IP >> >> ee P > ee P Py > > 2
5 en > er > FP Pee ee eee ioe
> ih oP > >re>> SP Soy ep» > ee BD {PSD
> o> >> Se ae PP Pee aS ae a a D
> > .2> ee > > DP PS ee >> ee 4
>» fee >> oe oe > > 222)
Si i > 2) a» > > Ie EP»
sb >> ae] Per
5 i > eee > 2)
D> DP DSW. B22 2A PS ?.?
> .°) SSD SW DoDD PS DD

y

y 4
ks SS
We A
abl AeA) d
Cy
USN

Vv
v"
NY

ay
Y

J
y

SMITHSONIAN INSTITUTI

LLIN

1 4068

‘Ml

ae