362 PIONEERS OF SCIENCE IN AMERICA. 



in ten words, without a memorandum of any kind by which 

 his intentions could be divined or the recipient of the gift 

 guided in applying it. 



" Hungerford [the nephew] died in 1835. An amicable suit 

 in Chancery was instituted by our Government, through the 

 Hon. Richard Rush as its agent, the defendant being the 

 Messrs. Drummond, executors of Smithson. Although there 

 was no contest at any point, the suit occupied three years. 

 On May 9, 1838, the property was adjudged to the United 

 States, and during the next few months disposed of by Mr. 

 Rush for about ^105,000. The money was deposited in the 

 treasury in the following autumn." 



The absence of details in Smithson's bequest imposed upon 

 Congress the difficult task of making up its collective mind 

 as to what kind of an institution it would found. It took 

 nearly eight years to do this. <l The act under which the In- 

 stitution was at last organized became a law in August, 1846. 

 This law provided that the business of the Institution should 

 be conducted by a Board of Regents, who should choose a 

 suitable person as Secretary of the Institution. It also pro- 

 vided for the erection of a suitable building of plain and 

 durable materials and structure, without unnecessary orna- 

 ment, for the reception of objects of natural history, a 

 chemical laboratory, a library and gallery of art, and the 

 necessary lecture rooms." 



The Regents took expert advice as to how the act of Con- 

 gress should be carried out, among those whom they consulted 

 being Prof. Henry. He responded with a statement which 

 showed such a comprehensive grasp of the subject that, on 

 Dec. 3, 1846, he was elected Secretary of the Institution. The 

 choice between continuing a career of successful and highly 

 gratifying research and entering upon a course whose direction 

 was largely problematical now had to be made. His decision 

 was quickly reached, being largely influenced by the plea of 

 Prof. Bache that Henry's efforts were needed to secure the 

 proper administration of Smithson's munificent bequest, and be- 

 fore the month was out he entered upon the duties of the office. 

 His suggestions above mentioned, recast to conform to the 

 positive commands of Congress, were adopted a year later by 

 the Regents as a programme of organization. He found himself 

 hampered by the appropriation of a large sum for a building, 



