THIRTY-THIRD CONGRESS, 1853-1855. 515 



differed from me in the Board; but nothing has ever occurred because 

 of that difference to diminish the respect which I entertain for himself, 

 his talents, and abilities. 



Well, now, let us see for a moment what are those requirements of 

 the law which, in the opinion of Mr. Choate, the Regents have neg-' 

 lected 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 history, including a geolog- 

 ical and mineralogical cabinet, a museum, library, chemical laboratory, 

 a galler}^ 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, 1 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 gen- 

 eral authority 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, I apprehend it will be 

 found on an examination of the instrument that the discretionary 

 powers conferred upon the Regents are far larger than those ascribed 

 by the retiring Regent. The Board of Regents have recognized fully 

 and constantl}" the obligation upon them of every requisition contained 

 in that law, and I think they have faithfully fulfilled those requisi- 

 tions. They have erected the building required by law; they have 

 designed and completed it upon a large and liberal scale. They have 

 made provision for the collection and arrangement of objects of natural 

 history. They have made appropriations for a library, and have made 

 a beginning with a gallery of art. They have established a chemical 

 laboratory, which is one of the objects enjoined in the act; and they 

 have provided lecture rooms specified in the law. They have not 

 appropriated a very large portion of the funds of the Institution for 

 the library, though, in this respect, the amount applied has been far 

 greater than is generally supposed; and that is, after all, the real gist 

 of the controvers}'. 



It is singular that in the act of Congress there is a limitation upon 



