THIRTY-THIRD CONGRESS, 1853-55. 539 



nized in the high public positions which they have occupied 

 and still occupy and adorn. 



As I have said before, sir, this is some small consolation 

 to me for venturing to difier from Mr. Choate, who so un- 

 qualifiedly condemns all those who oppose him. There i& 

 something rather peremptory, I think, in the manner in 

 which he announces his opinion in regard to the construc- 

 tion and violation of this law. I do not find it qualified by 

 the expression of the possibility of any misconstruction on 

 his part, by the admission that intelligent and honorable 

 men might well differ in regard to that construction. Far 

 be it from me, sir, to impute to those who differ from me 

 an}' want of intelligence and sincerity. The Senator wha 

 sits beside me [Mr. Douglas] is one who differed from me 

 in the board; but nothing has ever occurred because of 

 that dift'erence to diminish the respect which I entertain 

 for himself, his talents, and abilities. 



Well, now, let us see, for a moment, what are those re- 

 quirements of the law, which, in the opinion of Mr. Choate^ 

 the regents have neglected or violated. The act organizing 

 the Smithsonian Institution has prescribed certain definite 

 objects, due attention to which the regents undoubtedly are 

 bound, in good faith, to pay. It has required us to erect a 

 building, such as was described in the act — a building upon 

 a large and liberal scale — sufficient for the reception and 

 arrangement, upon that scale, of collections of natural his- 

 tory, including a geological and mineralogical cabinet, a 

 museum, library, chemical laboratory, a gallery of art, and 

 lecture rooms. These are all the objects specified in 

 the act. 



There is another clause in the law which authorizes the 

 Board of Regents to apply such funds of the institution as 

 are not specifically appropriated by the act, or required for 

 the purposes mentioned in it, to such other purposes as they 

 ma}' deem best suited to carry out the purposes indicated in 

 the will of Mr. Smithson, the founder of the institution. 

 That is the clause to which, I presume, Mr. Choate refers,, 

 when he says there are some discretionary powers which he 

 seems to think very insignificant, and which are given to the 

 regents, in his opinion, only to enable them to carry out the 

 details of the plan prescribed by the act of Congress, or, as 

 merely subsidiary to the general authorit}^ which Congress 

 had bestowed upon the regents in regard to the library,, 

 museum, and gallery of art. 



But, sir, while Congress has thus prescribed, generally, 

 the features which they chose to give to this institution, 1 



