Imatges de pàgina
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almost universally employed to denote those branches of knowledge which are systematized into a distinct organization or arrangement, based upon definite principles, and reduced to particular rules. In the progress of knowledge new sciences are added to the list, and in the establishment of new classifications the boundary lines are altered. There is a vast amount of knowledge not included in any science. Further, the word science is sometimes used to embrace only a part of what, in a broader sense, is included in the sciences. It is getting to become quite generally used to denote what are called the physical sciences, excluding political, moral, and intellectual science-excluding history, the arts, and all general literature. Surely, it cannot be maintained that "knowledge" was used by Smithson as merely identical with "science" in this last mentioned and most limited sense.

The words "among men" were used merely to corroborate the idea expressed by the word "diffusion." They do not necessarily imply that the institution should confine itself to world-wide operations. The word is not, as some seem to suppose, "mankind," but "men;" and he diffuses knowledge "among men" as truly, and in as full a sense, when he enlightens the minds of his neighbors, as of persons at the farthest pole. He best fulfils the idea of Smithson who increases human intelligence, whenever and wherever he has an opportunity, in every circle of influence, however near or however remote.

The 7th section of the act establishing the institution has given occasion to a difference of interpretation that has been brought to the notice of the committee. The section relates to the duties and powers of the secretary, and goes on to say that "the said secretary shall also discharge the duties of librarian and keeper of the museum, and may, with the consent of the Board of Regents, employ assistants; and the said officers shall receive for their services such sums as may be allowed by the Board of Regents, to be paid semi-annually on the first days of January and July; and the said officers shall be removable by the Board of Regents whenever, in their judgment, the interests of the institution require any of the said officers to be changed."

The committee cannot but think it strange that, in the face of this express language, it has been made a question where the power of removal is lodged. "Said officers shall be removable by the Board of Regents." Can anything be plainer? In defence of the idea that the secretary can remove his assistants, a practice is cited in certain departments of the government where the power of removal is exercised by intermediate officials. But there is no analogy, inasmuch as the Constitution of the United States is silent in reference to the removal of such officers. But the constitution of the Smithsonian Institution is not silent, but expressly defines in whom the power to remove the assistants of the secretary resides—namely, in the Board of Regents. They have no more right to delegate, or pass over to another that power, than they have to transfer any of their other functions.

The concluding sentence of the 8th section of the act is as follows: "And the said regents shall make, from the interest of said fund, an appropriation not exceeding an average of twenty-five thousand dollars annually, for the gradual formation of a library, composed of valuable works pertaining to all departments of human knowledge."

The expression, "not exceeding," is in constant use in the legislation of Congress, and in all legislation everywhere, in which appropriations. are made, and it will not be disputed that, in all instances, the expectation and general understanding of the legislature is, that about the amount thus specified will be expended-the word "average" can only be considered as indicating the expectation of the legislature that the sum expended in some years might exceed twenty-five thousand dollars-the word was used in order to give the managers authority, in case a sum less than $25,000 were expended one year, to expend just so much more the next, and vice versa. No doubt, we think, can be entertained that the framers and enactors of the law expected that about $200,000 would be expended "for the gradual formation of a library, composed of valuable works pertaining to all departments of human knowledge," in eight years. If the law does not contemplate that the annual expenditure for the formation of a library shall be something like $25,000, any other figures might as well have been used. If the administrators of the law are at liberty to spend as little as they may please for a library, in the face of the sum thus indicated in the law, they would have been equally at liberty whatever sum might have been named, whether $30,000 or $40,000. In other words, if the clause of the act under consideration can be construed as justifying an annual average expenditure for the gradual formation of a library of less than $2,000, any intermediate sum between that and the entire income of the fund would have been of equal authority and significance, as indicating the intention of the legislature, whichever of the said intermediate sums might have been inserted in the act. That is to say-those who maintain that the language and design of the act are carried out by expending less than $2,000 annually for books, assume and assert that it would not have altered the sense of the act had $2,000 or $10,000 or $40,000 been the sum actually named in it, instead of $25,000!

The 9th section of the act is as follows:

"And be it further enacted, That of any other moneys which have accrued, or shall hereafter accrue, as interest upon the said Smithsonian fund, not herein appropriated, or not required for the purposes herein provided, the said managers are hereby authorized to make such disposal as they shall deem best suited for the promotion of the purpose of the testator, anything herein contained to the contrary notwithstanding."

The discretion allowed to the managers in the latter part of this section, must be considered as limited, in some sense, by the word "other,” applied to "moneys," and more definitely and more absolutely by the clauses, "not herein appropriated," and "not required for the purpose herein provided.”

The meaning of the 9th section seems to us to be simply this-that if, after all has been done required by the foregoing provisions of the act, that is, for the maintenance and preservation of a geological and mineralogical cabinet, a laboratory, library, gallery of art, lecture room, lectures, the purchase of books on the scale indicated in the 8th section, and the discharge of all current obligations, an unexpended balance of the annual income remains, the managers may do with it Rep. 141-2

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just what they please; may expend it upon books if they like, even although the expenditures for that object may have already reached the assigned limit, or upon any objects not named or alluded to in the act, if, in their judgment "suited for the promotion of the purpose of the testator."

The committee are wholly unwilling to enter at all into the discussion of the private grievances, or personal controversies, or official misunderstandings which were brought before them in the course of the investigation. They regard the evidence that was educed on these matters as important only because it illustrates the difficulties encountered in administering an institution of this sort upon the plan that has been attempted. They are particularly desirous to have it understood that they attach no blame to any person, in any quarter; the evils are the result of the system. At the same time they do not cast blame or censure of any sort upon those who suggested, and have labored to carry out, that system. The design was, in itself, commendable and elevated. It has, unquestionably, been pursued with zeal, sincerity, integrity, and high motives and aims, but it is, we think, necessarily surrounded with very great difficulties.

There is nothing in our constitutional system that authorizes this government to enter the sphere of literature and science. Education is left to the States. This government cannot, without violating the principles on which it rests, become, directly or indirectly, through its official agents or in the expenditure of funds, a censor of any department of the press, an arbiter of science, or a publisher of works of mere literature or philosophy any more than of morals or theology.

No amount of money that could possibly be raised would enable this government to perform these functions, with a just, equal, and liberal hand, for the benefit of all departments of knowledge. Of course, it has no right to make discriminations; not only natural history and physical science, but every branch of learning and inquiry has a right to demand patronage, if it is extended to any. Whatever project in this line may be attempted will be found surrounded with insuperable embarrassments. If, for instance, the funds of the Smithsonian Institution should be appropriated in the manner proposed in the petition from citizens of Missouri, referred to this committee, for the preparation and distribution of a monthly report of the general progress of knowledge, who shall write those reports? To what school of philosophy. or medicine, or politics shall he belong? Shall he confine himself, as the Smithsonian Institution has, for the most part, very wisely done, to particular provinces of natural science, to reptiles, defunct species of animals, mathematical and astronomical computations and researches, to aboriginal antiquities and the glossaries of vanishing tribes of Indians, or shall he rise above dead and brute nature, and treat the subject of MAN, of civil society, of government, of politics, and religion? If he confines himself to the former, not one in ten thousand of the people will be interested or satisfied; if he attempts the latter, he is on forbidden ground, and cannot escape being torn to pieces by parties, sects. and sections.

Moving in the most cautious manner, acting within the most limited sphere, grudges are multiplied, jealousies engendered, resentments

kindled, and complaints encountered in all directions. Authors whose pieces are rejected will be likely, in the course of time, to outnumber those who are admitted to the favored circle; one man has the gratification of seeing his works printed, at the public charge, in a splendid style, and circulated, without trouble or expense on his part, to all the learned societies and persons of Christendom, and of feeling that a world-wide reputation is secured to him, but others, whose treatises have been condemned by a secret tribunal, and returned with the stigma of rejection, are brooding in sullen, or breaking out in vehement resentment and indignation.

Men of genius are sensitive; scientific authors and discoverers particularly so. To attain to great excellence in any department, it must be studied and prosecuted with exclusive and all-absorbing zeal. There is a divinity in truth, and whoever attains any portion of it is prone to worship it with a concentrated devotion, and to cherish it as more precious than all things else. However minute the objects, or narrow the provinces, or apparently useless the results of the researches of the man of science, he is wholly wrapt up in them, and feels, to his very heart's core, that nothing transcends them in importance. This makes him sensitive to reputation, tenacious of rights, and morbidly alive to any encroachment upon his labors or attainments. No office is more thankless than to attempt to arbitrate the differences of men of science; no offence more keenly resented than to discredit their claims or slight their productions. It is a curious circumstance, and most instructive in this connexion, strikingly illustrating the fact we are presenting, that James Smithson, who was a fellow of the Royal Society, had made a will, leaving his whole fortune to that institution, which had honored many of his productions by publishing them in its transactions. At length, certain papers offered to them for publication were refused. Under the sting of resentment and wounded pride, he changed his will, and left his fortune to the United States of America. In this way a harvest of dissatisfaction and animosities is constantly maturing. Patronage in politics is the fatal bane of parties. In literature and science it works disastrously, in all directions, upon him who dispenses, upon those who receive, and upon all from whom it is withheld.

The organization of the Smithsonian Institution is as follows: The "Establishment," by the name of the "Smithsonian Institution."

FRANKLIN PIERCE, President of the United States.

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Vice President of the United States.
WILLIAM L. MARCY, Secretary of State.
JAMES GUTHRIE, Secretary of the Treasury.
JEFFERSON DAVIS, Secretary of War.
JAMES C. DOBBIN, Secretary of the Navy.
JAMES CAMPBELL, Postmaster General.
CALEB CUSHING, Attorney General.

ROGER B. TANEY, Chief Justice of the United States.

CHARLES MASON, Commissioner of Patents.

JOHN T. TOWERS, Mayor of the city of Washington.

HONORARY MEMBERS.

ROBERT HARE.
WASHINGTON IRVING.
BENJAMIN SILLIMAN.
PARKER CLEAVELAND.

BOARD OF REGENTS.

Vice President of the United States.

ROGER B. TANEY, Chief Justice of the United States.
JOHN T. TOWERS, Mayor of the city of Washington.
JAMES A. PEARCE, member of the Senate of the United States.
JAMES M. MASON, member of the Senate of the United States.
S. A. DOUGLAS, member of the Senate of the United States.
W. H. ENGLISH, member of the House of Representatives.
DAVID STUART, member of the House of Representatives.
JAMES MEACHAM, member of the House of Representatives
citizen of Massachusetts.

GIDEON HAWLEY, citizen of New York.

J. MACPHERSON BERRIEN, citizen of Georgia.
RICHARD RUSH, citizen of Pennsylvania.

ALEXANDER D. BACHE, member of the National Institute, Washington.
JOSEPH G. TOTTEN, member of the National Institute, Washington.

The active government of the Institution is in the hands of the following officers and committees:

FRANKLIN PIERCE, Ex-officio Presiding Officer of the Institution.
ROGER B. TANEY, Chancellor of the Institution.

JOSEPH HENRY, Secretary of the Institution.

Assistant Secretary, in charge of Library.

SPENCER F. BAIRD, Assistant Secretary, in charge of the Museum.
ALEXANDER D. BACHE,

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The committee feel it their duty to submit a few remarks in relation to this organization.

It appears by the evidence that so much of it as is called the "Establishment," has never performed any part whatever in the administration of the Institution. It is obvious that those regents who reside at a great distance from Washington can have but little to do with its management. Those of them who are members of the Senate or House of Representatives, unless their residence during the recess of Congress is in the vicinity of Washington, cannot be expected, for the most part,

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