4 The Smithsonian Institution. J 
mittee raised in the House of Representatives; that of its Chair- 
man, Mr. Upham (Doc. No. 10), disapproving, that of Messrs, 
Witte and Taylor (Doc. No. 11), fully approving the course pute _ 
sued by the Regents. : waar : 7 
The questions at issue, it will be seen, are two, which should 
not be confounded, as they generally have been, at least in the pop- 
ular discussions of the subject. The charges brought against the 
ard of Regents and their Secretary, when examined, are found 
to be: Ist, that they have improperly exercised the powers con- 
Jerred upon them :—a charge which may involve nothing more 
than a difference of opinion as to the best means for attaining the — 
the que 
tioned action of the Board is illegal, it matters little whether 
would otherwise be expedient and judicious,—whether it would 
or would not tend most effectually to further the object in vie 
If, on the other hand, it should prove to be warranted by the 
law, we should have only its wisdom and propriety to consider. 
We have heard the charges: let us now look to the law. 
urport of the law, as its preamble declares,* is to accept 
the trust created and proffered by the testator, and to found an 
establishment for ‘“ the faithful execution of said trust according — 
to the will of the liberal and enlightened donor.” 
The whole of Smithson’s will which relates to this bequest is — 
comprised in the words; “I then bequeath the whole of my — 
property, subject to the annuity of £100 to John Fitall, and for 
the security and payment of which I mean stock to remain in this” 
country, to the United States of America, to found at Washing- 
ton, under the name of the Smithsonian Institution, an estab- — 
~ lishment for the increase and diffusion of knowledge among 
men 
The “act to establish the Smithsonian Institution,” consists of 
the preamble cited in the note below, and of eleven sections. 
‘The first constitutes the E'stablishment,—a corporation in fact, — 
with perpetual succession, but without the corporate power Ol 
suing and being sued,—to consist of ten specified high officers 
* “James Smithson, Esq., in the kingdom of Great Britain, havin his last will 
and testament given bie whole of his property to the United ade Be America, 
to found at Washington, under the name of the Smithsonian Institution, an 
lishment for the Increase and Diffusion of knowledge among men; and the United 
States having by an act of Congress received said property, and accepted said trust, 
therefore, for the faithful execution of said trust according to the will o 
and enlightened donor, Be it enacted,” &e, 
