The following is a guest post by Heather Flynn, a former intern with the Digital Resources Division of the Law Library of Congress. She earned an M.A. in museum studies at Johns Hopkins University.
Over 175 years ago, on August 10, 1846, President James K. Polk signed into law an act (ch. 178, 9 Stat. 102) establishing the Smithsonian Institution. As the world’s largest museum and research complex, the Smithsonian Institution is comprised of 21 museums, multiple research centers, and the National Zoo. While the Smithsonian has been enriching American culture through “preserving heritage, discovering new knowledge, and sharing our resources with the world,” it maintains a unique position as an “independent federal trust.”
James Smithson and the Smithsonian’s Origin
James Smithson was born in 1765 in France with the given name of James Lewis Macie. Because Smithson’s father was English, at age 10, James Smithson changed his surname as well as his citizenship, becoming a naturalized British citizen. According to the Smithsonian Institution Archives, Smithson grew up to be an advocate for scientific exploration and knowledge sharing.
Smithson died in 1829. Despite having never visited the United States, Smithson bequeathed a large sum of money to the country to open what would eventually become the Smithsonian Institution in Washington, D.C. His will included a stipulation that the portion of the estate set aside for an institution would be made available only if his nephew did not produce an heir.
Founding the Smithsonian
When Smithson’s nephew died without an heir, the U.S. government was notified of Smithson’s bequest in 1835. President Jackson alerted Congress to the sizable donation, which led to several debates over whether to accept the funds. Advocates of states’ rights, such as Senators John C. Calhoun and William C. Preston, believed using Smithson’s funds to found a national institution was beyond the constitutional powers of the federal government. Those in favor of accepting Smithson’s bequest argued the United States could accept the money and establish the institution under article 1, section 8 of the U.S. Constitution.
Congress eventually agreed to accept the gift, totaling more than $500,000, and moved forward with deciding how best to allocate the money to fulfill Smithson’s vision. Eight years later, President Polk signed into law H.R. 5, the act establishing the Smithsonian Institution.
Institutional Administration
This act provided that the Smithsonian Institution was to be governed by a Board of Regents. (Sec. 2) The composition of this group has changed over the years, but its members currently include the Vice President, the Chief Justice of the U.S. Supreme Court, members of Congress, and several members of the public.
The act establishing the Smithsonian Institution further directed the Board of Regents “to select a suitable site for such building as may be necessary for the institution.” (Sec. 4.) The Board of Regents decided to build the headquarters in a “castle” designed by architect James Renwick, Jr. This building opened its doors in 1855 on the National Mall in Washington, D.C.
The Smithsonian’s Place in the Federal System
The Smithsonian is not a traditional federal agency or department, but federal legislation governing its operations can be found under title 5 of the U.S. Code. The Smithsonian has been described as a government “establishment” or a “trust instrumentality of the United States.” Unlike traditional federal agencies, the Smithsonian “does not exercise regulatory powers, except over its own buildings and grounds,” and several federal laws governing federal agencies do not affect the Smithsonian’s administration, such as the Freedom of Information Act and the Administrative Procedure Act.
Despite the unique nature of the Smithsonian’s place in the government, there is no doubt that it has enriched American culture for decades and will continue to do so for generations to come.
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Comments (2)
So cool!
I sincerely enjoyed your post on the History of the Smithsonian Institution. I’m surprised that at age 59, I never knew that the start of one of my favorite places & a location on the top of my bucket list, started because of an overseas will & the death of the heir, before a child was born of his genes. What a generous monetary gift was given to the United States of America from a foreign individual, who had never once stepped on American soil.
I will definitely research James Smithson for any additional historical information about the Smithsonian Institution, including the museum; and who he was, in the history of our world. Your article just may become the entranceway to one of the most wonderful rabbit holes I’ve ever jumped into; I certainly hope so.
Thank you Anna Price for this submission; which by the way, I arrived at because of the first stop I made on the journey into my current rabbit hole jump –. It’s amazing how much information will come to us, if we first, begin to search for information on any topic we find interesting, then dive even deeper after we found what we were looking for, to learn where that information came from, as well. I’ve landed in some lost places before & had to simply get out of the hole, shaking my head; but in opposition, I’ve also found places that will offer even more insights for me in the future, and also influenced me into becoming an email subsctiber, member, donor, etc of where my journey lead me to — like the Library of Congress Blog, I’m about to become an email subscriber to, once I post this comment.
I say again, thank you for your article and the research & work that you did for this contribution. I’ve been a journalist & newspaper reporter for over 25 years now & my compliment is sincere. One of my very favorite quotes is by Benjamin Franklin in his 1738 print of the “Poor Richard’s Alminac.” He wrote, “If you would not be forgotten when you are dead and rotten, either write things worth reading or do things worth writing (about).” You certainly wrote well & influenced me.