4 SMITHSONIAN BEQUEST. 



appoint to act for them in this country. In the mean time, 

 we may perhaps be permitted to add, that it is perfectly 

 competent for us to carry on the proceedings, on behalf of 

 the United States, and possibly some expense and delay 

 may be avoided by our so doing. 



Having thus briefly stated the nature of the business, we 

 at present abstain from making any suggestions as to the 

 party in whose name proceedings should be adopted, con- 

 sidering the point should be determined by our counsel 

 here, after the opinion of the proper law officers in the 

 States has been taken on the subject. 



Any further information j'ou may require, we shall be 

 happy to give you, and are, sir. 



Your most obedient servants, 



Clarke, Fynmore & Fladgate. 

 A. Vail, Esauire, 49 York Terrace. 



A. Vail to John Forsyth. 



Legation of the United States, 



London, Juhj 28, 1835. 

 Sir : The papers which I have the honor herewith to 

 communicate to you will acquaint you with the particulars 

 of a bequest of property to a large amount, left to the United 

 States by a Mr. James Smithson, for the purjDose, as stated 

 in the will, of founding, at Washington, an institution " for 

 the increase and diffusion of knowledge among men." 

 5i: t- * * * h: The 



letter of Messrs. Clarke, Fynmore & Fladgate, the solicitors, 

 by whom I was apprised of the existence of the will, to- 

 gether with the inquiries I have made, leave no doubt of its 

 having been established, and its dispositions recognized by 

 the court of chancery, the first legatee under it having, for 

 several years, and to the time of his death, received the in- 

 come of the property, which is stated to have amounted to 

 upwards of £4,000 per annum. 



According to the view taken of the case by the solicitors, 

 it is now for the United States, in the event of their accept- 

 ing the bequest and the trust coupled with it, to come for- 

 ward, by their representative, and make themselves parties 

 to an amicable suit before the Lord Chancellor, for the pur- 



