JOURNAL OF PROCEEDINGS. 103 



catcd that prominonce should bo given to any particular means or instrumentality for 

 increasing and diffusing knowledge. All this they have left to the discretion of the 

 Rcgen'.s, to whom they intrusted the conduct of Jie institution. They have, indeed, 

 declared that annual appropriations should bo made for the gradual formation of a 

 library, and have provided that such appropriations shall not exceed $23,000 in the 

 average. 



This is nothing but a limitation upon the discretion of the Regents, and can by no 

 rule of construction be considered as intimating the desire of Congress that such sum 

 should be annually appropriated. The limitation, while it prevented the Regents 

 from exceeding that sum, left them full discretion as to any amount within the limit. 

 The interest on the Smithsonian fund was about $30,000 per annum ; and Congress 

 could not but know that an appropriation of live-sixths of that amount per annum 

 would leave a remainder entirely insufficient to defray the salaries and ordinary ex- 

 penses of an institution, such as was designed by the act, and that nothing would be 

 left for the care of collections, the lectures, and other means of promoting the pur- 

 pose of the testator. In short, the act points out certain instrumentalities to be em- 

 ployed, in the execution of the trust, created by and for the purposes specified in the 

 will of Smithson, and gives to the managers or Regents authority to dispose of all the 

 income not required for the purposes specified in the act, in such manner as they shall 

 deem best suited for the promotion of the purpose of the testator. As Congress did 

 not determine what portion of the income was to be applied to the purposes specified 

 in the act, it follows that such determination is to be made by those to whom they 

 intrusted the conduct of the business of the institution ; and thus the Regents are 

 clearly invested with the power of determining how much of that income is required 

 respectively for library, for museum, for lectures, or for any of the objects specified in 

 the fifth section, and what disposition they will make of so much of the income as 

 they do not think requisite to apply to these objects. So the Regents of 1847, who 

 adopted the plan of organization, understood the law. So they reported to Congress. 

 The Board of Regents, however its members have been changed from time to time, have 

 always so understood it ; and Congress, to whom they have annually and faithfully 

 reported their proceedings, have never questioned the propriety of the construction. 



In organizing the institution, different opinions indeed were entertained by differ- 

 ent members of the Board, as to the most effectual means of promoting the purpose of 

 Smithson. The conflict of opinions resulted in the adoption of certain resolutions, 

 which have been called the " compromise resolutions. " These, while they recognize 

 the intention of Congress, and the duty of the Regents, to provide for the accumula- 

 tion of specimens of art and objects of natural history, and the gradual formation of 

 a library pertaining to all branches of knowledge, &c, also declare it to be expedient, 

 and demanded by the will of Smithson, that, in the plan of organization, the increase 

 of knowledge by original research should form an essential feature ; that for this end 

 premiums should be offered for original papers containing positive additions to the 

 sum of human knowledge; and that these and other suitable papers should bo pub- 

 lished, in transactions of the institution, periodically or occasionally, &c. The sev- 

 enth of these resolutions is in these words : 



" Resolved, That for the purpose of carrying into effect the two principal modes of 

 executing the act and trust pointed out in the resolutions herewith submitted, the 

 permanent appropriations out of the accruing interest shall, so soon as the buildings 

 are completed, be annually as follows — that is to say : 



"First. For the formation of a library composed of valuable works pertaining to 

 all departments of useful knowledge, and for the procuring, arranging, and preserv- 

 ing of the various collections of the institution, as well of natural history, and 

 objects of foreign and curious research, and of elegant art, as others, including sala- 

 ries and all other general expenses connected with the same, excepting those of the 

 first complete arrangement of all such collections and objects as now belong to the 

 United States in the museum of the institution, when completed, together with one- 

 half of the salary of the Secretary, the sum of fifteen thousand dollars. 



"Secondly. For the preparation and publication of transactions, reports, and all 

 other publications of the institution, including appropriations for original researches 

 and premiums for original papers ; for the delivery of all lectures and payment of all 

 lecturers, and for all general expenses connected with said lectures and publications, 

 together with one-half of the salary of the Secretary, the remainder of the annually 

 accruing interest ; it being understood that all general and incidental expenses not 

 specially connected with cither of the above two great divisions of the plan of the 

 institution shall be equally divided between them." 



It will be seen that this division of the income of the institution, between the two 



