The daily union., 1854-10-13
For the Journal of Commerce.
THE SMITHSONIAN INSTITUTION.


The funds bequeathed Tor founding this institution hav
ing been given in trust the United States of America
every legal therein becomes in sense trustee and
properly inquire into the manner in which its affairs
are administered and whether is fulfilling, in the most
efecua way its legitimate mssionvz: lin the words of
its fougder) the increase and diffusion of knowledge
among men" Indeed it is highly desirable that public
opinion should be ntegenty directed to the question in
order that the action of the Board of Regents whom its
immediate direction is nrused may be sustained fright
and corrected if wrong.
There are SO many kinds of knowledge that may be in
creased and diused among men, and many ways of
compshng that object that entire unanmity of opinion
is hardly to be expected and is well known that the
chief modes which the regents have hitherto adoptedvz
by fostering original research and publishing tracts and
volumes containing additions to human kpowledgchave
the subjects Of criticism in various quarters
for months past based it would seem, the erro-
assumption that they at variance with the
of Congress for establishing the institution though it is
admitted for the most part that they accord perfectly with
the expressed will Of Smhson, and meet The appreciation
of the great majority of scientific and literary in this
country and elsewhere.
1t is assumed that the aforesaid act contemplated max
ing the institution little else than library and that the
regents therefore bound either to make such
await an amendment of the which shall make its
provisions harmonize with the terms of the bequest and
with the general sentiment of those most competent to
Judge in the matter.
Now If the assumption is true the conclusion is una
vodabe and the pursued by the regents is clearly
egal and exceedingly reprebenshie ii has been pro-
nounced TO be. No could for moment nationally de-
nd IT, or reconcile with honesty or good faith on their
part 1t would SEEM however, that--constitued that
board is under the law, and comprising Of the high
est fnctonares qf our government and others whom
we nrust the legislation Of the cpuEry-ppa these too
under the supervision" 'adyce, and instruction of
other body composed OF the Chief Magistrate OF the Union
the members of his cabinet and other distinguished
mcn--wc should be cautions about preferrng such
charge Such bodies ought surely TO understand the true
meaning of legislative acts especially he who is vested
with the highest authority under government for inter
preAng then--yz the Chief Justice of the United States
who has himself been az esl.ye member of both boards
from the first and has affirmed the entire legality
all the proceedings of the regents
But without rel yng upon these authorities the law it
self seems sufficiently clear If any will take the rou
bic carefully study lis provisions and the history of
enactment When the subject before Congress great
variety of schemes proposed for conducting the in
stitution and sought be ingratted pratigey upon its
operations bpt the majority wisely considering that in
novel and untred experiment like this their present views
might be materially modified 10y htqle experience pru-
egy fprborc to fetter its operations 10y prescribing them
III detail aud with the exception Of library, which all
agreed would be useful feature in the Institution
all the other propositions rejected AZ time i'll
sought make IL almost exclusively DY
qurng that $4,000 about two-tbrds of the whole in
come should be appropriated annually the purchase of
books but the attempt failed 1t fell through among the
unfinished business the close of the session. and
revived On the other hand attempts TO limit the appro
pration for the library small also failed and the
finally passed, leaving il entirely discretionary with
the regents to expend any upon that they should
fit not exceeding $4,000 year. and containing also
section which specially and in the strongest language
horzed the regents to make disposal OF other moneys
required for the purposes provided in the they
should deem best suited for the promotion oS the purposes
of the testator.n
The language of Congress to the regents the subject
of the library, when fairly interpreted seems read
thus.
We wish you TO make provision lor tle gradual formal
ton of library composed of valuable works pertaining
TO all departments of human knowledge but neither
require you to eypend large upon H. nor restrict YOU
a small one Use your discretion. If YOU dis
better way of fulfilling the intention Of the testa-
tor than by founding extensive library, You at full
liberty do So even to the extent of approprating to il
the entire income after deducug enough to meet current
expenses But it, the contrary there shall be other
modes that you deem better suited for the promotion Of
the purposes of the tesator you at liberty to adop
them We will interpose barrier; but The contrary
will make express provision for your doing so"
f the foregoing views correct we see that the much
alkedof conflict between the will of Smithson the act of
Congress for carrying into effect and the proceedings of
the Board of Regents under the has no real existence
The hitherto pursued has given satisfaction to prob
ably nneenths of the of science aud letters in the
counry and any material change in the management Of
the Institution exceedingly to be regretted C. J.