THIBTY-THIRD CONGRESS, 1853-1855. 517 



to cause researches to be made, I would ask. Of what use are the 

 researches; how shall we increase and diffuse knowledge of them 

 among men if we seal them up and do not publish them to the world? 

 As the collections of natural histoiy would be nothing more than a 

 show if we were satisfied with merety placing and arranging them in 

 a museum, we think that they should be described. They can best be 

 made available for the increase and diffusion of knowledge by causing 

 them to be described by scientific men in memoirs, such as are pub- 

 lished by the Institution. We have thought, then, that publication 

 was as necessary a result, from the express powers of the grant, as 

 any other duty which the Regents had to perform. 



We did not think that the sole limit of our power. We did suppose 

 that, under the large discretion given in the ninth section of the act, 

 it was the Regents who were to consider how much of the funds of 

 the Institution were properly to be applied to the objects specified b} T 

 the act. Since Congress itself has not told us how to apportion the 

 funds of the Institution among those objects, it followed, therefore, 

 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 Smith- 

 son's will, were ample enough to justify us in instituting researches and 

 making publication of the results. 



Here is the section in question: 



SEC. 9. And be itfurtJter enacted, That of any other moneys which have accrued, or 

 shall hereafter accrue, as interest upon the said Smithsonian fund, not herein appro- 

 priated, or not required for the purposes herein provided, the said managers are 

 hereby authorized to make such disposal as they shall deem best suited for the pro- 

 motion 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 neces- 

 sary in carrying out the specified objects, but extends it to other 

 objects, being 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 correspond with the intention of the will, anything else contained 

 in the act to the contrary notwithstanding. Under the authority of 

 this section, we have thought proper to stimulate researches not prose- 

 cuted 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 

 inquiries, meteorological observations for solving the problem of 



