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 educated, 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 numerous 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 Benjamin Tappan, Robert Dale Owen, and William J. Hough, who drew up the bill eventually agreed upon. Stripped of legal verbiage 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 President 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 Washington, during the time for which they shall hold their respective 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 erection 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 vacancies, the election of a Chancellor and Secretary by the Board of
