J)oc. No. 10. 67 



111 pioyecutiiig the same be defrayed, the President of Uie United States 

 be, and he is liereby, authorized to apply to that purpose any sum not 

 exceeding S 10,000," &c. 



From these provisions it appears to me that Congress intended that 

 there should be no diminution of the funds bequeathed for the purpose 

 specified in said will, but that the whole, whatever they might amount to, 

 should be applied to carry into eifect the intention of the testator ; and 

 when the object of the bequest is considered, it cannot be supposed that 

 Congress would act in any other than a liberal spirit. 



My opinion, therefore, is, that the amount of the whole money and 

 other funds received by the agent of the United States, under the act of 

 July 1st, 1S36, without reduction, constitute the Smithsonian fund, for 

 the purposes specified in said Smithson's will; and that the whole ex- 

 penses of prosecuting said claim, receiving, and transporting the same to 

 this country, includhig any additional expenses which may have been 

 incurred here, ought to be defrayed out of the appropriation made by 

 Congress. 



It appears that cash and stocks, which, when converted into money, 

 amounted to £106,490 ll5. 9d., were decreed to the United States, as the 

 amount of the legacy and bequest in said will. Tliis sum, after deduct- 

 ing £\Hy 2s.2d., the amount of costs refunded, is the amount which 

 should be paid to tlie Treasurer of the United States, to be kept and 

 disposed of according to the provisions of the act of July 1, 1836, and 

 the sixth section of the act of July 7, 1838 ; and all expenses, of what- 

 ever kind or nature, should be paid out of the appropriation made by 

 Congress. 



In relation to the disposition of the other personal effects of Mr. Smith- 

 £!on, which have been transferred to this country by the agent of the 

 United States, my opinion is, that Congress should direct the disposition 

 of them. 



I have the honor to be, sir, your obedient servant, 



FELIX GRUNDY. 



Hon. Levi Wooubury, 



Secretary vf the Treasury. 



