SMITHSONIAN BEQUEST. 11 



made in the suit, and assets realized to the amount of about 

 one hundred thousand pounds sterling in value, which are 

 now invested in the public funds, and are standing in the 

 name of the accountant general of the Court of Chancery, 

 to the credit of the cause of Hungerford vs. Drummond, 

 and applicable to the trusts of the will. 



Mr. Hungerford, who resided out of Englapd, received 

 the income arising from the testator's property up to the 

 time of his death. This took place on the 5th of June, 

 1835, at Pisa. 



He was never married, and died without leaving any ille- 

 gitimate children or child. 



The events have therefore happened, by which the right 

 of the United States of America is considered to have 

 attached, as the residuary or final legatee under this will. 



In July, 1835, their charge d'atiaires at this court, im- 

 parted official information to the Secretar}' of State, at 

 Washington, of the preceding facts, who laid them before 

 the President, with a copy of the will and other papers that 

 were transmitted. 



The President not having authority under his general 

 executive powers to take any steps for accepting the trust 

 or obtaining the fund, communicated the papers to Congress 

 on the 17th of December of that year, with a vie'vv to such 

 measures as that body might deem necessary. 



Congress, acting on the ground that the bequest to the 

 United States was valid, and that it would not be incompat- 

 ible with their dignity to accept the fund as trustees, for an 

 institution to be founded at Washington, for a purpose so 

 broad and benevolent, passed, on the 1st of July last, an act 

 authorizing the President to appoint an agent to assert and 

 prosecute their right to the bequest, in such form, and be- 

 fore such tribunal or tribunals in England, as might be 

 proper ; and to receive and grant full acquittances for all 

 such moneys or other funds as might be adjudged to them 

 on account of it. 



In pursuance of the authority given by this act, the Pres- 

 ident has appointed a citizen of the United States, in the 

 person of the undersigned, to perform on their behalf the 

 dut}' which it enjoins; and he is here, their representative 

 and attorney in the matter set forth. 



His full power from the President, and a copy, under seal 

 of the Department of State, of the law on which it is 

 founded, are ready to be filed in the Court of Chancery, or 



