ADDRESS OF PROF. s. NEWCOMB. 451 



executors <it* Smithson. Although there was do contest at any 

 point, the suit occupied three years. On May 9th, 1838, the prop- 

 erty was adjudged to the United States, and during the next few 



months disposed of by Mr. Rush for about i'K )">,(>(>(). The m v 



was deposited in the Treasury in the following autumn. 



The problem now presented to < 'ongress was to organize the Insti- 

 tution described by Smithson. The writer must confess that he (lues 

 not share the views of those who maintain that the intent of Smith- 

 son was t dear and definite to be mistaken, and that the difficulty 



which our legislators found in deciding upon a plan shows their lack 

 of intellectual appreciation. It is very much easier to see the right 

 solution of a problem after it is obtained than before. It ought to 

 be a subject of gratitude rather than of criticism that it took the 



country eight years to reach a c Jusion. The plan at length 



adopted was better than any of those previously proposed, and the 

 form into which the Institution grew was still in advance of the 

 plan which at length passed Congress. 



Whatever view we may take of this point, the diversity of 

 projects considered by Congress shows that the meaning of" the will 

 was not made clear to our legislators. First of all there was a 

 body of strict constructionists who maintained that our Government 

 had no power to accept a bequest of the kind, and that the money 

 should he returned to the English Court of Chancery. One 

 Fleischmann, an employe of the Patent Office, petitioned for the 

 establishment of an agricultural school, and his memorial seems to 

 have received much attention. Another memorialist prayed for the 

 establishment of an institution for prosecuting physical experiments, 

 and a third that the fund might be applied to the instruction of 

 females. A vigorous effort was made try the Columbian College 

 to obtain assistance from the fund. Mr. John Quincy Adams 

 desired to appropriate a considerable amount to the establishment 

 of a great astronomical observatory. Mr. F. A. Hassler, Superin- 

 tendent of the Coast Survey, desired the establishment of an 

 astronomical school before the erection of Mr. Adams's observatory. 

 A strong move was made by Mr. Poinsett to place the whole fund 

 at the disposal of the .National Institute for the Promotion of Litera- 

 ture and Science. Mr. James P. Espy, the meteorologist, proposed 



