Washington sentinel., 1854-03-30
O. 0 m m unitate0.
For the Washington Sentinel.
The Smithsonian Institution.

F
Messrs. EDlToRs have not yet found time
for the examination OF all the volumnious docu-
ments necessary to be studied in order to a
full exposition of the affairs of this great con-
cern but, as the books and pamphlets continue
lying about my room in readiness for an oppor-
tunity of leisure, ! sometimes, in an idle mo.
ment. glance at one or another of them. In so
doing, have been struck with the remarkable
iteration with which the secretary in hisreports
is continually referring to the will of Smithson.
he does not find the pan prescribed by Con-
gress to suit him. The regents give him an
other, But inasmuch IS in this they have "not
thought themselves at liberty wholly to disre-
gard the requirements Of the charter" and only
let in the "acsive operations" &C., for one-half
the income, IL also is ound Objectionable. 1t
goes on, nevertheless, tor a while. Appropria-
tions are made for the specific objects it re.
cognises, until favorable occasion occurs for
getting the board to pass them in lump. Ihis
only answers for whie. All claim or demand
in favor of anything eEe must be wholly gotten
rid of. All or nothingtor "active operations"
Further adherence TO the compromise between
the "great conflicting opinions" is declared
impossible" "Actiyo operations" are "the
only legitimate objects OF the bequest." We
must not forget that Of hese "great conflicting
opinions" Congress had in the charter adopted
the one and rejected the ether. How, then, is the
exercise of power derived from the charter to
be freed from the conditions which accompany
its bestowal? To what authority shall appeal
be made? A "higher lawT The WILL Of
Smithson.
In point Of fact, this appeal had been made
long before. Mr.. Ovens report, opens with
the essential words of the will for the increase
and diffusion of knowledge among men;" and
he goes on to say that they were FUSED by a
man accustomed to the strict nomenclature Of
exact science" In the very next paragraph
he says: "The charter indicates few items
relating to one Of the above objects, and leaves
the rest of the plan, under the general provi-
sion of the bequest to the direction of the
board Very remarkable words these; al
though not much remarked, it would seem, at
the time. ..
There are certain things connected with the
aforementioned report which call for some
little further notice. The words quoted struck
my eye, not as new, but not as rccollected to
have been used there. The report was first
printed in the newspapers. The copy / had
before me was contained in Senate Doc. I'll,
29th Congress, I'd session. Had il been altered
from the former? Upon referring to the Ma,
tional htelhgencer, December 8, 1916, there
may be found the original report. 1t begins
with the prescriptions OF the charter, and makes
little mention of the will. There are other
differences which it may be quite amusing to
follow out some other time, such as leaving
out such words as requires" or "prescribes," !"
when speaking of the charter, and substituting
Indicates" or "sets FORTH" &C., sc. Now, il
we put together certain events in the history of
the institution, in order of time, we may pos.
sbly discern certain relations and dependencies
among them not otherwise so readily discover
able.
The first report of Mr.. Owen was made
December |, lS46. Professor Henry was, on
the Sd of December, elected secretary, by the
exact number of votes necessary for choice.
He accepted on the 7th, and entered upon his
office on the 2lst of the same month. On
This day the report was recommitted, and Janu-
ary 25, ls47, it was reported back IN am
amended form, with a set of accompanying
resolutions, and accepted.
1t may as well be mentioned here, that be-
sides the variorum editions of the report OF
Mr.. Owen, and resolutions published, one "by
authority of the board of regents, printed by
Blair 4 Rives, lS47,' and the other in the
Senate document above mentioned, there exist
also two editions of the ''journals of the pro-
ceedings of the regents" one printed by John
| I. Towers, 1916, and the other contained in
the aforesaid document The first Of these is
to all appearance ungarbled, fair, and faithful /;
the other, although officially presented in the
name of the regents to Congress, in compliance
with the law, professess to give only "dH the
material portions" / intend hereafter to call
attention to some Of the omissions, with reaec-
tions upon motives and grounds for their being
left out of that category.
Now, in the 5th annual report, Senate Docu-
ment, Miscellaneous, No l., special session,
March, 1851, the secretary says: !" 1t was with
the hope of being able to assist in the practical
development Of this plan that | was induced
to accept" Just before, he had quoted - the
increase and diffusion,' and made certain
illogical" and "legitimate deductions, sutli,
ciently definite and comprehensive" all ending
with the "only plan in strict conformity with
the will"-namely, "the discovery and diffusion
Of new truths by original researches" and
"distributing the results"
He took the Office to develope this plan.
The original report of the committee of or.
ganization was modified to suit his views.
Those of the regents who looked upon the
| charter as binding, appear to have regarded
his election as a defeat, and to have made what
haste they could to save some fragments of the
plan prescribed by Congress. They gave up
one-half the income in this vain hope.
The charge, then, of attempting to justify an
evasion of law by the appeal to higher law
clearly lies at the door of the secretary. What
is the secretary of the Smithsonian Institution?
Is he anything more or other thanthe creature Of
the board of regents, themselves the creatures
of the charter he seeks to supersede? What
has he, or what have they to do with anything
beyond it? The /" United States of America
are the legatees and the trustees Of the fund
bequeathed. Congress, in the exercise Of its
legitimate competency, adjudged and declared
its construction of the terms of the bequest,
and prescribed the powers and duties Of the
regents. With that construction there exists
nowhere any right to meddle. All deductions,
"logical," Legitimate" or otherwise, from the
swords of the testator," are unauthorized, and
of less than no account, except in SO far as
they agree with the charter. The secretary
has as much to do with Smithson's will as with
Newton's will, or with Smithson's grandmother,