Daily American organ. [volume] (Washington, D.C.) 1854-1856, 1855-01-19
Smithsonian Institution-Resi of
the Hon. Rufus ChOate.
Hon. LINN BoYD,

lion. LINN BOYD,
Speaker Of House Of Representatives:
take leave to communicate to the two Houses
of Congress my resignation of the Office of Regent
of the Smithsonian Institution.
1t is due to the body which has been pleased to
honor me with their trust for some years, and has
recently conferred it for new term, to say that
this step is taken not from any loss of interest in
the welfare of that establishment, but in part from
the Inconvenience experienced in attending the
meetings and in part, also, and more Immediately
from my inability to concur in Interpretation of
the act of Congress constituting the actual nstitu
ton, and the Board of Regents, which has been
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 "di-
reefs manner" and prescribes plan according
to which it intends that the institution shall accom-
plish the viii of the donor.
By the earlier law accepting the gift, Congress
engaged to direct such manner and to devise
such plan, and pledged the faith of the United
States, that the funds should be applied according
to such plan and such manner. In fulflment Of
that pledge and in the performance Of its naliena-
BILE and incommunicable duty as trustee of the
charity, that body, after many years Of delbera-
tion-from which It never sought to relieve itself
by devolving the work upon the discretion Of
others-matured its plan, and established the ac-
tual institution TO carry 1t out OF this plan, the
general features sketched with great clearness
and great completeness in the law. Without re-
sorting for aid in its Interpretation to It's para-
mentary history the journals and debates the sub
stantid meaning seems to be palpable and une-
quivocal In It's terms. BY such aid II is rendered
quite certain A Board Of Regents is created to
administer it, Some discretionary powers ofcourse
are given to the Board In regard Of details, and
in regard of possible SURPRISES Of income which
may remain at any given time, while the plan of
Congress Is being zealously and judiciousy carried
into effect; but these discretionary powers are
given, / think, in trust for the plan Of Congress,
and auxiliary 10, cooperative tcfh and exscu-
tory Of 81. They were given for the sake Of the
plan, simply to enable the Regents the more Of
fectualy and truly TO administer that very one
not TO enable them 10 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 Il anywhere,
and which, as the Journals and the debates inform
us, when presented TO the House under specific
propositions, was rejected.
or this act an Interpretation has now been
adopted, by which, II has seemed 10 me- these dis
crctionary means Of carrying out the win Of Con.
gress into effect are transformed into means Of
practically disappointing that will and Of building
up an institution substantially unlike that which Il
intended, which supersedes and dsplaces Il, and In
effect repeals the law. Differences OF opinion had
existed In the Board from its first meeting, in re-
gard Of the administration Of the act but they
were composed by resolution OF compromise, ac-
cording to which fun half Of the annual income
was to be eventually applied in pennanence to what
deem the essential parts Of the plan Of Congress.
That resolution ofcompromise is now formally Re
ended and henceforward the discretion Of the re-
gents, and not the act of~Congress, is 10 be the
rule Of appropriation, and that discretion has
already declared itself for another plan than what
deem the plan Of Congress. II may be added
that, under the Interpretation, the Office and
powers Of the secretary are fundamentally changed
from those Of the secretary Of the law as read IL
and are greatly enlarged.
In this Interpretation, cannot acquiescc; and
with entire respect for the majority Of the Board,
and with much kindness and regard TO all its mem.
bers, am sure that my duty requires respectful
tender Of resignation. make Il accordingly and
am your obedient servant,
RUFUS CHOATE.
~ m m T..