340 CONGRESSIONAL PROCEEDINGS. 



Mr. Woodbury expressed some surprise that his amend- 

 ment should be attacked by the Senator from Massachusetts 

 [Mr. Choate] as anti-republican or anti-democratic. Such 

 an attack from that quarter was, in any view, extraordinary ; 

 but much more so, when, in this very bill, in another place, 

 six of the members of his proposed board are recommended 

 by him to be appointed, not by the two Houses of Congress 

 or their committee, but three by the Speaker of one, and 

 three by the President of the other, without any appeal. 



But Mr. W. feared we were sliding into that species of 

 political debate which, in a case like this, he deprecated. 

 This was not a struggle for victory of a party or personal 

 predilection, but to execute in the most fit and becoming 

 manner a sacred trust which had been devolved on us from 

 abroad rather than by our people. 



Some gentlemen, who assail the proposed amendment 

 inadvertently seem to suppose it is a contest whether Con- 

 gress or the National Institute shall control the Smithson 

 fund ; whereas no such question exists. The same control 

 is left in Congress, if the amendment is adopted, as is left 

 in it by the bill as it now stands. Indeed, the amendment 

 increases the reserved control of Congress in one particular 

 through the constant supervision and check of the Library 

 Committee of the two Houses w^hicli it provides for. 



After the amendment is adopted, Congress can, at any 

 moment, abolish or amend the whole board — can give to it 

 any special instructions by resolution or act ; and can, by 

 its committee, give any directions, w'hich by this very 

 amendment are to be enforced by the board and institute, 

 rather than either of them being made independent of 

 Congress. 



It seems, also, to be apprehended by some gentlemen, 

 that the National Institute is to have a great donation of 

 property, as well as power, by this amendment ; when, in 

 truth, no power is bestowed except conditionally, and which 

 is not kept constantly under the control of Congress ; and 

 not a dollar of property, directly or indirectly, is given to 

 the institute. 



Indeed, no property is given to the institute or anybody 

 else. The library, buildings, &c., all remain in Congress as 

 trustee for the fund. The board of managers, including 

 the institute, are mere executive or ministerial agents to 

 carry out our directions, and own no more of the property 

 itself, than the captain in the navy owns of the ship-of-war 

 in his charge. It is rather a burden imposed on the board 

 and institute — as they not only acquire no property, but 



