SMITHSONIAN BEQUEST. 5 



pose of legally establishing the fact of the demise of the 

 first legatee without children and intestate; prove their 

 claim to the benefit of the will, and obtain a decree in chan- 

 cery, awarding them the proceeds of the estate. Messrs. 

 Clarke, Fynmore & Fladgate are willing to undertake the 

 management of the suit on the part of the United States ; 

 and, from what I have learned of their standing, may safely 

 be confided in. Not being acquainted with the exact 

 structure of our institutions, they are not able to point out 

 the exact manner in which the United States should be 

 represented in the contemplated suit ; but they believe 

 that their diplomatic agent here, if constituted, for that 

 purpose, the legal representative of the President, would 

 be recognised by the court of chancery as the proper organ 

 of the United States, for all the purposes of the will. 



Should it be thought unnecessary to await the action of 

 Congress to authorize the institution of the requisite legal 

 proceedings, and should the course suggested by the solic- 

 itors meet the views of the President, his power of attorney 

 authorizing the diplomatic agent here to act in his name, 

 will, I apprehend, be necessary; and, as the suit will 

 involve some expense not connected with the contingent 

 fund of the legation, your instructions upon this branch of 

 the subject will likewise be desirable. 

 I am, sir, with great respect. 



Your obedient servant, 



A. Vail. 



John Forsyth, Esq., 



Secretary of State of the United States, Washington. 



John Forsyth to Aaron Vail. 



Department op State, 

 Washington, September 26, 1835. 

 Sir : I have the honor to acknowledge the receipt of your 

 despatch of 28th July last, (No. 197,) relative to a bequest 

 of property to a large amount left to the United States by 

 Mr. James Smithson, for the purpose of founding at Wash- 

 ington an institution " for the increase and difiusion of 

 knowledge among men ;" and to inform you that your let- 

 ter, and the papers which accompanied it, have been sub- 



