THIRTY-THIRD CONGRESS, 1853-55. 609 



Of these the committee will treat in the order in which 

 they are stated : 



1. The proper construction of the act of Congress. 



The question whether the bequest of Mr. Smithson should 

 be applied chiefly to the formation of a great national libra- 

 ry, or to researches for the increase of knowledge, and the pub- 

 lication and circulation of their results, for its diffusion among 

 men, divided the opinion of the members of the Board of 

 Regents at their first meeting. These differences of opin- 

 ion were compromised at the organization of the institution 

 by a resolution, which the regents have lately repealed. 



That resolution provided, prospectively, and, on a contin- 

 gency which may be said to have just occurred, (the com- 

 pletion of the Smithsonian building) for an equal division 

 of the fund committed to the care of the Board of Regents 

 between the two objects above stated : a national library, 

 museum and gallery of art on the one hand, and researches, 

 publications and lectures on the other. 



This compromise resolution has been repealed by the 

 Board of Regents during their present session, and instead 

 of it they have adopted the following : 



"Resolved, That hereafter the annual appropriations shall be apportioned 

 specifically among the different objects and operations of the institution in 

 such manner as may, in the judgment of the regents, be necessary and 

 proper for each, according to its intrinsic importance, and a compliance in 

 good faith with the law." 



The adoption of this resolution was followed by the resig- 

 nation of Mr. Choate, one of the regents, and in his letter 

 of resignation, addressed to the Speaker of the House, he 

 assumes that the act of Congress presented a rule of appro- 

 priation which is set aside by the resolution. Whether the 

 Board of Regents or Mr. Choate are right in this respect 

 must be determined by a reference to the act of Congress. 



When it had created the institution, given it a corporate 

 name, invested it with certain powers, subjected it to specific 

 restrictions, provided for the erection of a suitable building, 

 and directed an annual appropriation not exceeding $25,000 

 for the gradual formation of a library, it proceeded to de- 

 clare that of any other moneys accrued, or to accrue as interest 

 on the fund, not otherwise appropriated nor required for the 

 purposes therein provided, the managers were thereby "au- 

 thorized to make such disposal as they shall deem best suited 

 for the promotion of the purposes of the testator, anything 

 therein contained to the contrary notwithstanding." 



Beyond any reasonable controversy, here is a discretion- 

 ary and controlling power given to the Board of Regents 

 39 



