JAMES SMITHSON AND HIS BEQUEST. 167 



of Sniithson, and the snin realized from it by the Institution, by the 

 premium on gold, &c, was $54,105.38. 



The first announcement made to the American Government of the 

 fact that the United States had become entitled to the bequest of Smithson 

 was a dispatch, dated -8th July, 1835, from lion. Aaron Vail, charge 

 d'affaires of the United States at London, to Don John Forsyth, Secre- 

 tary of State, transmitting a letter from Messrs. Clarke, Fynmore and 

 Fladgate, attorneys in that city. This communicated the intelligence 

 that the nephew of Smithson had died, and that the United States was 

 entitled to the estate, valued at £100,000. 



These facts were laid before Cougress by President Jackson on the 

 17th December, 1835, who stated in his message that he had no author- 

 ity to take any steps toward accepting the trust. 



In the Senate of the United States the message of the President was 

 referred to the Committee on the Judiciary, winch, by its chairman, Mr. 

 Benj. Watkins Leigh, of Virginia, reported, on the 5th of January, 1830, 

 that they considered the bequest of Mr. Smithson a valid one, and they 

 believed "that the United States would be entertained in the court of 

 chancery of England to assert their claim to the fund as trustees for 

 the purpose of founding the charitable institution at Washington to 

 which it is destined by the donor." The question whether it was within 

 the competency of the Government to appropriate any part of the gen- 

 eral revenue from the nation at large to the foundation of a literary or 

 any other institution in the District of Columbia was answered by Mr. 

 Leigh by stating that — 



"The fund given by Mr. Smithson's will is nowise, and never can be- 

 come, part of the revenue of the United States; they cannot claim or 

 take it for their own benefit; they can only take it as trustee." 



"The United States were to be regarded as the parens patriae of the 

 District of Columbia, and in that character they had a right and were 

 in duty bound to assert a claim to any property given to them for the 

 purpose of founding an institution within the District, and to provide 

 for the due application and administration of such a fund when they 

 obtained possession of it." 



Resolutions were reported by the committee providing for the prose- 

 cution of the claim. The report was considered in the Senate on the 

 30th April, 1830, and it was urged by Mr. W". O. Preston, of South Car- 

 olina, that the Government of the United States had no power to receive 

 the money, lie thought the donation had been made partly with a view 

 to immortalize the donor, and it was "too cheap a way of conferring im- 

 mortality." lie had no idea of the District of Columbia being used as 

 a fulcrum to raise foreigners to immortality by getting Qpngress as the 

 'parens patriae to accept donations from them, lie expressed the opinion 

 that Smithson's intention was to found a university. 



Mr. Leigh, in reply, maintained that the legacy was not for the benefit 



