Washington sentinel., 1854-07-16

tain the record of what might be already
known. SO that In no proper sense could il
be said to increase knowledge. Neither would
1t dlffuse knowledge, except within limited
sphere. The institution would necessarily be
local, for, although it might aid the few men Of
research residing in Washington, and such stu
dents and investigators as occasionally visited
the city, it would tail to accomplish the more
extensive purpose of the testator and of the
law, since it could not be expected to draw
hither the great body of such men. These
must always be scattered over the country en-
gagged in pursuits which require their residence
elsewhere, and with only occasional opportu-
mites OF aiding their inquiries by resort to the
library of the Smithsonian Institution. While
therefore, a well selected library of valuable
| ing, may well be one of the means employed by
| the institution, its purpose requires other
! instrumentalties by which knowledge may be
| increased and diffused among men. We must
| never forget that both the viii of Smithson and
| the act of Congress recognize that, as nation
| is appointed the great dispenser of the fruits OF
| his munihcence, SO these benefits are to be uni
| Ueysdi, and their recipients to be men every.
where and in all time
If the language of the will had been "to in
| crease aud diffuse knowledge among the people
| ofthe United States,' library would be but a
| feeble and imperfect instrument as an active
agent even for that limited purpose. The ac-
cumulation of books in the political centre OF
| great country, or even in the centre of popu-
ation Of a numerous people, would no doubt
| crafty the pride of the nation and be attended
| with some profitable results. But such Ii.
brary would not ensure mental activity to en-
quirers who should live remote from its locality,
| and its relation to all increase Of knowledge
| would be merely incidental. 1t would have no
| effective operation in the thirty-one States
| which constitute the nation, or people of the
Union, and instead of being diffusive in its ma
! ture, would be centralizing in its influence and
| passive in its character. Even if the will and
| the act of Congress were limited by the terms
supposed, by no fair construction could the for
| nation of library be considered as an execu-
| ton of the trust. But when we consider that
! the language of the will is not thus limited,
| and that the benefits of the bequest are intend
ed for mankind, we cannot imagine how the
establishment OF a library could be considered
as corresponding to the acquisitions of pur-
pose so wide and liberal. That Smithson did
not intend a library to be the prominent fea-
ture in the institution contemplated by his be-
| quest, may be inferred from the fact that his
will did not mention it, when a single word
would have been sufficient for this purpose.
| And that Congress did not design to indicate
! library as the principal object of the estab.
lishment which they .ounded by law to carry
out the purpose of Smithson, will be made to
appear by an examination Of the enactment.
| In the construction of law of Congress, the
opinions expressed in the speeches of some OF
those who voted for it cannot be taken as the
opinion of all or even of the major part Of them,
but the act must be construed according to the
general import and evident intention OF all its
parts
If we can construe the law from its own pro-
visions, it would be exceedingly unsafe and i'm.
proper to interpret it by reference to the opin-
ions of portion only Of those who voted for it,
being the minor part of them. To do this
would be to make the opinions of few control
the acts and intentions Of the majority as ex-
pressed in the law, and in effect to give those
few the law-making power In the present case
the evident intention was to carry out the pur-
pose Of Smithsons will, namely: "The increase
and diffusion Of knowledge among men,
The title OF the act, its preamble and pro-
visions. would have been palpably absurd if
their object had been only or chiefly to found
| great library. To describe library as an
| institution "for the increase and diffusion OF
knowledge among men," would be preposter-
Gus abuse of term. So, too, "to erect suita-
| bic building of sufficient size, with suitable
rooms or halls for the reception and arrange
ment upon a liberal scale, OF objects of natural
history, geological, mineralogical, and botani-
cal specimens, classed and arranged so as TO
| facilitate the study of them, with chemical
laboratory, lecture rooms, &c." as provided in
sections and 6, is wholly inconsistent with
the idea Of an institution, of which library is
to be the principal agent.
1t is true that the eighth section of the act
| authorizes an application Of an annual sum,
not exceeeing $4,000, for the gradual forma.
ton of library. This is in great dispropor.
ton to the various objects before recited in the
| act, and if it had been mandatory, would have
made the general authority and discretion
| given TO the regents in the ninth section, alb
surd and nugatory, and would indeed have
| equally defeated the other provisions before
mentioned. Such an appropriation, if made,
would establish a great library, but not such
an institution as is indicated BY the title of the
bill, or warranted by its various provisions.
Instead of a secretary with assistants, it should
| have provided for librarian. with an assistant
as secretary, and assistant Librarians. Instead
Of providing for building on liberal scale,
with suitable rooms or halls for chemical
laboratory, lecture rooms, &c., not indicating
| the library as of paramount Importance, but,
according to the order of enumeration, placing
If after other objects, the law would have de.
clared it to be of primary importance, and de-
signated the other objects as incidental or
subsidiary to the library. The act, in its
various terms and provisions, does not seem
TO have been the result Of plans entirely har.
monious and consistent, but bears some marks
Of conflicting opinions; and the large discre.
ton allowed in the ninth section appears TO
have been intended to give to the regents the
authority TO reconcile and determine those diff.
culties which Congress could not avoid or pro-
vide for, TO their own satisfaction.
Nothing, however, seems to be clearer than
that the Legislature did not intend public Ii.
brary to be the principal instrument Of the in
stitution. The third section enacts that "the
business Of the institution shall be conducted
at the city Of Washington by Board Of Re-
gents" The terms Of Smithson's will requires
that Washington should be the locality Of the
institution; but, if this section had reference
10 public library, absorbing almost the whole
interest Of the fund, would such language have
been employed2 II library at Washington
was to be established, it was wholly unneces.
sary to provide that the business Of the nstitu-