THIRTY-THIRD CONGRESS, 1853-55. 563 



But, sir, I will not take up the time of the Senate in dis- 

 cussing this question. The Committee on the Judiciary are 

 fully capable of examining and deciding on judicial ques- 

 tions. I think they ought to make an inquiry, in order 

 that, if the regents are right in the interpretation they have 

 given to the law, they should be sustained by the judgment 

 of the committee, and by the judgment of the Senate, I 

 move the adoption of the resolution which I have sub- 

 mitted. 



The resolution was considered, by unanimous consent, 

 and agreed to. 



Senate, February 6, 1855. . * 



Mr. Andrew P. Butler, of South Carolina, from the 

 Committee on the Judiciary,* to whom was referred the res- 

 olution of the Senate, directing said committee to inquire 

 whether any, and if any, what, action of the Senate is nec- 

 essary and proper in regard to the Smithsonian Institution, 

 made the following report, which was ordered to be printed : 



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

 committee to say whether, in its opinion, the Regents of 

 the Smithsonian Institution 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. Smithson had devolved on the Federal 

 Government. As the trust has not been committed to a 

 legal corporation subject to judicial jurisdiction and con- 

 trol, it must be regarded as the creature of congressional 

 legislation. It is a naked and honorable trust, without any 

 profitable interest in the Government that has undertaken 

 to carry out the objects of the benevolent testator. The 

 obligations of good faith require that the bequest should 

 be maintained in the spirit in which it was made. The acts 

 of Congress on this subject were intended to efiect this 

 end, and the question presented is this : Have the Regents 

 done their duty according to the requirements of the acts 

 of Congress on the subject ? 



In order to determine whether any, and if any, what, 

 action of the Senate is necessary and proper in regard to 

 the Smithsonian Institution, it is necessary to examine 

 what provisions Congress have already made on the sub- 

 ject, and whether they have been faithfully carried into 

 execution. 



The money with which this institution has been founded 



* Measrs. Butler, Toucey, Bayard, Geyer, Pettit, and Toombs. 



