Washington sentinel., 1854-07-16

il prevented the regents from exceeding that
sum, left them full discretion as to any amount
within the limit. The interest on the Smithso-
nian fund was about $4,000 per annum, and
| Congress could not but know that an appro-
priation of FIVE sixths of that amount per an
mum would leave remainder entirely Insult
| fcent to defray the salaries and ordinary ex-
penses OF an institution such as was designed
by the act, and that nothing would be left for
the care OF collections, the lectures, and other
means of promoting the purpose of the ties
tator.
In short the act points out certain instru
mentalities to be employed in the execution OF
the trust, created by, and for the purposes spe-
cited in the will of Smithson, and gives to the
managers or regents authority to dispose of all
the income not required for the purposes speci
fled in the act, in such manner as they shall
deem best suited for the promotion of the pur.
pose of the testator. AS Congress did not
determine what portion Of the income was to
be applied to the purposes specified in the act,
it follows that such determination is to be made
by those to whom they entrusted the conduct
Of the business Of the institution, and thus the
regents are clearly invested with the power OF
determining how much of that income is re-
quired respectively for library, for museum, for
lectures, or for any of the objects specified in
the fifth section, and what disposition they will
make of so much of the income as they do not
| think requisite to apply to these objects. So
the regents of l847, who adopted the plan OF
organization, understood the law. So they re.
ported to Congress. The Board of Regents,
however its members have been changed from
time to time, have always so understood it, and
Congress, to whom they have annually and
faithfully reported their proceedings, have
never questioned the propriety of the construc-
iion.
In organizing the institution, different opin-
ions indeed were entertained by different
members of the board, as to the most effectual
means of promoting the purpose of Smithson.
The conflict of opinions resulted in the adop-
ton of certain resolutions, which have been
called the compromise resolutions" These.
| while they recognize the intention of Congress,
and the duty of the regents, to provide for the
accumulation of specimens of art and objects
of national history, and the gradual formation
of library, pertaining t.. all branches OF
knowledge, &c, also declare it to be expedient,
and demanded by the will of Smithson, that in
| the plan of organization, the increase OF
knowledge by original research should form an
essential feature; that for this end premiums
should be offered for orig nal papers contain.
ing positive additions to the sum of human
knowledge, and that these and other suitable
papers should be published in transactions OF
the institution periodically, or occasionally, &c.
The seventh of these resolutions, is in these
words:
Resolved, That for the purpose Of carrying into
effect the two principal modes Of executing the
act and trust pointed out in the resolutions here
with submitted, the permanent appropriations out
of the accruing interest shall so oon as the build
I'M ps ~ ed he hal III
| 10 say:
" Firsf. For the formation of library CON-
posed ofvaluable works pertaining 10 all depart.
ments Of useful knowledge, and for The proc curing
arranging, and preserving of the various coec-
tons OF the institution well of natural history.
aud objects of foreign and curious research, and
OF elegant art, as Others including salaries and all
other geseral expenses connected 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 institu-
tion, when completed, together with one half Of
the salary of the secretary the of fifteen thous-
and dollars.
'' Secondly. For the preparation and publica-
tons of transactions reports. and all other publi-
cations oil the institution, including appropriations
for original researches, and premiums for original
papers, for the delivery OF all lectures and pay
ment Of all lecturers and for all general expenses
connected with said lectures and publications. to-
gether with half of the salary of the secre,arv
the remainder Of the annually accrung interest; n
being understood that all general and incidental
expenses not specially connected with either OF
the above two great divisions of the plan off In.
stitution shall be equally divided between them.n
II will be seen that this division of the in.
come OF the institution between the two princi-
pal modes of executing the trust was to be
made SO soon as the buildings toere completed, y
| and not before.
| As the building is not completed, this divi.
sion Is not yet obligatory under the compro-
mise resolutions. For some years the annual
| appropriations for the purposes of the in
stitution we're specific, and we're applied &C.
cordingly. But during the last two years they
have been general, and a discretion has been
exercised by the secretary and the executive
committee, which has resulted in applying to
researches, publications, and lectures, an
amount somewhat larger than that which has
been applied to the library, museum, &c. But
this is clearly no violation, as has been charged
| Of compromise which is not by its very term !
to go into effect until the completion of the
| building.
The committee think it desirable that the
| appropriations should be specific, and have al.
ready so reported TO the board by resolution
submitted on the llth of March, 1854; and at
the last meeting Of the regents the executive
committee submitted estimates Of appropria-
| tions in detail for the present year.
Before expressing an opinion on these resol,.
tions, the committee deem it their duty at this
time, to remark upon the plan which was dis.
cussed seven years ago, but which is now re.
vived, Of devoting the greater part of the in.
| come to the accumulation Of great library,
thus either abandoning the active operations Of
research and publications. or so restricting this
means Of increasing and diffusing knowledge,
as to deprive it Of all sensible value.
| II has already been remarked that the Ian.
guage Of the eighth section, which directs the
| gradual formation of a library, is not manda-
tory as TO the amount which shall be thus ex.
pended, and that the ninth section authorizes
the regents, after applying so much Of the In
come as may be required for the purposes men.
| toned in the act, to dispose Of the residue OF
| the interest upon the Smithsonian fund in such
manner as they shall deem best suited for the
| promotion of the purpose Of the testator, any
thing herein contained to the contrary not
witbstanding." II is manifest from what has
been said before, that these sections Of the law
leave to the regents large discretion as to the
amounts to be applied to the objects specified
in the act and in the choice Of other means for
promoting the purpose Of the testator.