THE SMITHSONIAN INSTITUTION. 2^7 



But all attempts to merge the interests of the two bodies failed, 

 partly owing to objections to placing the management of the new 

 institution in the hands of a private corporation ; meanwhile the 

 National Institution changed its name to National Institute, but 

 after a flourishing existence of five years it lost its power. 



Although much deprecated at the time, the slowness with 

 which Congress acted in disposing of Smithson's legacy had its 

 advantages : weak schemes were exposed, public opinion was edu- 

 cated, and the judgment of Congress itself was elevated by the 

 prolonged discussions. The broad provisions of the will, open to 

 the charge of vagueness, gave scope to the variety of views we 

 have named and furnished ground for the delay. It is interesting 

 to note that the act creating the Smithsonian Institution, adopted 

 August 10, 1846, embodies nearly all the best features of the nu- 

 merous schemes proposed during the ten years which had elapsed. 



The act of incorporation was the work of many minds and to 

 some extent a compromise ; no one person should receive credit 

 for its provisions, but mention should be made of Senator Benja- 

 min Tappan, Robert Dale Owen, and William J. Hough, who 

 drew up the bill eventually agreed upon. Stripped of legal ver- 

 biage and condensed, the bill is as follows : 



TITLE. A bill to establish the " Smithsonian Institution " for 

 the increase and diffusion of knowledge among men. 



Preamble : Rehearses the facts as to Smithson's bequest and 

 the acceptance by the United States, and directs that the Presi- 

 dent and Vice- President of the United States, the Secretary of 

 State, the Secretary of the Treasury, the Secretary of War, the 

 Secretary of the Navy, the Postmaster-General, the Attorney- 

 General, the Chief Justice, and the Commissioner of the Patent 

 Office of the United States, and the Mayor of the city of Wash- 

 ington, during the time for which they shall hold their respect- 

 ive offices, and such other persons as they may elect honorary 

 members, be constituted an " establishment " by the name of the 

 Smithsonian Institution. 



Section 2 provides for investment of the Smithson fund and 

 payment of the interest thereon ; also appropriates a sum for erec- 

 tion of a suitable building. 



Section 3 provides that the business of said institution shall be 

 conducted at the city of Washington by a Board of Regents to be 

 composed of the Vice-President of the United States, the Chief 

 Justice, and the Mayor of the city of Washington, together with 

 three members of the Senate and three members of the House of 

 Representatives, and six other persons, two of whom shall be 

 members of the National Institute. The act then provides for 

 the manner of appointment, the time of service, the filling of va- 

 cancies, the election of a Chancellor and Secretary by the Board of 



