THIETY-THIRD CONGRESS, 1853-1855. 541 



found at Washington, under the name of the "Smithsonian Institu- 

 tion," an establishment "for the increase and diffusion of knowledge 

 among men." It is not bequeathed to the United States to be used 

 for their own benefit and advantage only, but in trust to apply to 

 "the increase and diffusion of knowledge" among mankind generally, 

 so that other men and other nations might share in its advantage as 

 well as ourselves. 



Congress accepted the trust, and by the act of August 10, 1846, estab- 

 lished an institution to cany into effect the intention of the testator. 

 The language of the will left a very wide discretion in the manner of 

 executing the trust, and different opinions might ven r naturally be 

 entertained on the subject. And it is very evident by the law above 

 referred to that Congress did not deem it advisable to prescribe any 

 definite and fixed plan, and deemed it more proper to confide that duty 

 to a board of regents, carefully selected, indicating only in general 

 terms the objects to which their attention was to be directed in 

 executing the testator's intention. 



Thus, by the fifth section, the Regents were required to cause a 

 building to be erected of sufficient size, and with suitable rooms or 

 halls, for the reception and arrangement, upon a liberal scale, of 

 objects of natural history, including a geological and mineralogical 

 cabinet; also a chemical laboratory, a library, a gallery of art, and the 

 necessary lecture rooms. It is evident that Congress intended by 

 these provisions that the funds of the Institution should be applied to 

 increase knowledge in all the branches of science mentioned in this 

 section in objects of natural history, in geology, in mineralogy, in 

 chemistry, in the arts and that lectures were to be delivered upon 

 such topics as the Regents might deem useful in the execution of the 

 trust. And publications by the Institution were undoubtedly neces- 

 sary to diffuse generally the knowledge that might be obtained: for 

 any increase of knowledge that might thus be acquired was not to be 

 locked up in the Institution or preserved only for the use of the citi- 

 zens of Washington, or persons who might visit the Institution. It 

 was by the express terms of the trust, which the United States was 

 pledged to execute, to be diffused among men. This could be done in 

 no other way than by publications at the expense of the Institution. 

 Nor has Congress prescribed the sums which shall be appropriated to 

 these different objects. It is left to the discretion and judgment of 

 the Regents. 



The fifth section also requires a library to be formed, and the eighth 

 section provides that the Regents shall make from the interest an 

 appropriation, not exceeding an average of $25,000 annually, for 

 the gradual formation of a library composed of valuable works per- 

 taining to all departments of human knowledge. 



But this .section can not. by any fair construction of its language, 



