■542 CONGRESSIONAL PROCEEDINGS. 



of the institution among those objects, it followed, there- 

 fore, that the regents must have a discretion in that regard, 

 and if they have a discretion, where is the limit? Nowhere, 

 except that we may not expend more than $25,000 on the 

 library in any one year. Then we supposed the general 

 provisions of that ninth section, which gave us the right to 

 apply the funds, not wanted for the other objects, in such 

 manner as we might think most conducive to the purposes 

 of Smithson's will, was ample enough to justiify us in'insti- 

 tutinof researches, and making publication of the results. 

 Ilere is the section in question : 



Skc. 9. And be it further enacted, That of any other moneys which have 

 accrued, or shall hereafter accrue, as interest upon the said Smithsonian 

 fund, not herein appropriated, or not required for the purposes herein pro- 

 vided, the said managers are hereby authorized to make such disposal as 

 they shall deem best suited for the promotion of the purpose of the testator, 

 anything herein contained to the contrary notwithstanding. 



It does not confine the discretion of the regents to the 

 details necessary in carrying out the specified objects, but 

 extends it to other objects, l3eing such as they shall deem 

 best suited for the promotion of the purpose of the testator; 

 that is, the increase and diffusion of knowledge among men. 

 So that it is not, as Mr. Choate supposes, merely a trust for 

 the designated objects, but for such other purposes as corre- 

 spond with the intention of the will, anything else contained 

 in the act to the contrary notwithstanding. Under the au- 

 thority of this section, we have thought proper to stimulate 

 researches not prosecuted within the walls of the building, 

 nor confined to specimens of natural history deposited in its 

 collections. They are described in the plan of organization, 

 and include historical, ethnological, and statistical inqui- 

 ries, meteorological observations for solving the problem of 

 American storms, and experimental problems in electricity, 

 light, &c., &c. To this may be added the publication of re- 

 ports on the new discoveries of science, of a character liighly 

 useful and practical. 



It has been supposed, sir, that the true interpretation of 

 this act could be found by going outside of the law. Mr. 

 Choate has intimated, in his letter, that if we look at its 

 parliamentary history we shall see what is its true interpre- 

 tation. I understand to what he refers. The original bill 

 was introduced into the House of Representatives; a substi- 

 tute was oftered for the bill reported by the committee; that 

 substitute was amended by striking out some of its provis- 

 ions and inserting one or two others, which do not affect 

 this question. The intimation is, that, if we look to the 

 proceedings of the House of Kepresentatives, (not of the 



