SMITHSONIAN BEQUEST, 



BY THE 



HON. RICHARD RUSH. 



I 



In submitting a paper to this meeting of the friends of the National Institute, 

 under a circular I had the honor to receive from its committee, I take as the sub- 

 ject of it the Smithsonian Bequest. 



I desire to give expression anew to regrets which, as one citizen of the United 

 States, I feel at this bequest not having yet been used as the testator directed. I 

 say anew, having on former occasions expressed them as a corresponding member 

 of the Institute ; and I can only seek excuse for doing so again in the interest of 

 the subject, which may even bear to have some things repeated in regard to it, that 

 the impression of facts may not be lost. As long as this bequest remains unap- 

 plied, the cause of science and letters suffers in its whole extent, and the United 

 States are liable to the charge of not performing a duty. 



How does the case stand, in a few words ? 



Mr. Smithson left to the United States more than one hundred thousand pounds, 

 to found, in this city of Washington, an institution " for the increase and diffusion 

 of knowledge among men." The United States accepted the bequest. They thus 

 became bound to do what the testator enjoined. Their acceptance raised a trust 

 high in its nature and clear in its terms. They sent an agent to England, the 

 country of the testator, to get the money. It had been lodged in the Court of 

 Chancery, wailing the decision of the law, all the heirs of Mr. Smithson being ex- 

 tinct, or supposed to be so ; and this was the contingency upon which his fortune 

 was to go to the United States . The case was one of tlie first impression. It was 

 new to the archives of the tribunal which had cognizance of it, and e.xcited, by its 

 nature as well as novelty, curiosity and attention in that kingdom. The Crown 

 forbore all claim, on the ground of escheat or otherwise, to the derelict property of 

 the deceased, for the sake of giving speedy and unobstructed effect to the claim of 

 the United States. The will contemplated highly beneficial ends, and, admitting 

 that English law would have sustained it in favor of a foreign nation against any 

 opposition, substantial or technical, which the Crown might have interposed, there 

 was still a liberality and grace in the promptitude witii which its representative in 

 the Court of Chancery gave way in favor of the United States, then for the first 

 time appearing as demandants in an English court. Their agent obtained the 

 whole money without stint, and they have now been in possession of it nearly six 

 years. Yet it remains as a thing of no use in their hands. 



The fund belongs to us all. Every citizen of the United States has a share in it. 

 As such, every citizen may respectfully but earnestly urge upon Congress its legiti- 

 mate appropriation, that the blessings bound up with it may no longer be suspend- 

 ed. The longer this suspension continues, the more the fund is thrown upon risks 



