136 CONGRESSIONAL PROCEEDINGS. 



The following is the report : 



The Committee on the Judiciary, to whom was referred the 

 message of the President of the 17th December last^ 

 transmitting to Congress a report of the Secretarj- of 

 State, accompanying copies of certain papers relating to 

 a bequest to the United States by Mr. James Smithson, of 

 London, for the purpose of founding, at Washington, an 

 establishment under the name of " The Smithsonian 

 Institution, for the increase and diffusion of knowledge 

 among men," respectfully report : 



That it appears that Mr. James Smithson, late of London, 

 deceased, by his last will and testament bequeathed the 

 whole of his property to his bankers, Messrs. Drummonds, 

 of Charing Cross, London, in trust, to be disposed of in the 

 manner therein provided and directed, and desired his said 

 executors to put his property under the management of the 

 Court of Chancery ; and then, (after bequeathing an annuity 

 of £100 sterling to John Fitall for life,) he bequeathed and 

 provided as follows: "To Henry James Hungerford, my 

 nephew, I give and bequeath, for his life, the whole of the 

 income arising from my property of every nature and kind 

 whatever, after payment of the above annuity, and after the 

 death of John Fitall that annuity likewise; the payments 

 to be made to him at the time interest or dividends become 

 due on the stocks or other property from which the income 

 arises. Should the said Henry James Hungerford have a 

 child or children, legitimate or illegitimate, I leave to such 

 child or children, his or their heirs, executors, and assigns, 

 the whole of my property of every kind, absolutely and 

 forever, to be divided between them, if more than one, in 

 the manner their father shall judge proper ; and in case of 

 his omitting to decide this, as the Lord Chancellor shall 

 judge proper. Should my said nephew, Henry James Hun- 

 gerford, marry, I empower him to make a jointure. In case 

 of the death of my said nephew without leavbig a child or children^ 

 or of the death of the child or children he may hare had, under 

 the age of twenty-one years, or intestate, I then bequeath the 

 whole of my property (subject to the annuity of £100 to John 

 Fitall, and for the security and payment of which I mean 

 etock to remain in this country) to the United States of Amer- 

 ica, to found, at Washington, under the name of the Smithsonian 

 Institution, an establishment for the increase and diffusion of 

 knowledge among men.''' 



It further appears, from a letter of Messrs. Clarke, Fyn- 

 more, and Fladgate, solicitors, to Mr. Vail, charge d'affaires 



