THE SMITHSONIAN INSTITUTION. 83 



APTENDIX. 



REPORT OF THE SENATE JUDICIARY COMMITTEE.* 



The following is tlie report presented in the Senate on the 6th Feb- 

 ruary, 1855, by Judge Butler, from the Committee on the Judiciary, 

 to whom was referred the inquiry whether any, and if any, what, ac- 

 tion of tlie Senate is necessary and proper in regard to the Smithso- 

 nian Institution : 



" It seems to be the object of the resolution to require the committee 

 to say whether, in its opinion, the Regents of the Smithsonian Insti- 

 tution have given a fair and proper construction, within the range 

 of discretion allowed to them, to the acts of Congress putting into 

 operation the trust which Mr. Sraithson had devolved on the federal 

 government. As the trust has not been committed to a legal corpo- 

 ration subject to judicial jurisdiction and control, it must be regarded 

 as the creature of congressional legislation. It is a naked and hon- 

 orable trust, without any profitable interest in the government that 

 has undertaken to carry out the objects of the benevolent testator. 

 Thg obligations of good faith require that the bequest should be main- 

 tained in the spirit in which it was made. The acts of Congress on 

 this subject were intended to effect this end, and the question pre- 

 sented is this : Have the Regents done their duty according to the 

 requirements of the acts of Congress on the subject? 



"In order to determine v/hether any, and if any, what, action of 

 the Senate is necessary and proper in regard to the Smithsonian In- 

 stitution, it is necessary to examine what provisions Congress have 

 already made on the subject^ and whether they have been faithfully 

 carried into execution. 



" The money with which this Institution has been founded was be- 

 queathed to the United States by James Smithson, of London, to 

 found at Washington, under the name of the ' Smithsonian Institu- 

 tion,' an establishment 'for the increase and diffusion of knowledge 

 among men.' It is not bequeathed to the United States to be used 

 for their own benefit and advantage only, but in trust to apply to 

 ' the increase and diffusion of knowledge' among mankind generally, 

 so that other men and other nations might share in its advantage as 

 well as ourselves. 



" Congress accepted the trust, and by the act of August 10, 1846, 

 established an institution to carry into effect the intention of the tes- 

 tator. The language of the will left a very wide discretion in the 

 manner of executing the trust, and different opinions might very nat- 

 urally be entertained on the subject. And it is very evident by the 



» Messrs. Butler, Toucey, Bayard, Geyer, Pettit, and Toombs. 



