SMITHSONIAN BEQUEST. Ill 



of knowledge among men. The Congress of the United States, by an act passed 1st 

 of July, 1836, accepted the bequest, and directed the President to appoint an agent 

 to assert and prosecute the claim, and by said act pledged the faith of the United 

 States to apply the moneys and other funds which might be received to carry into 

 effect the provisions of said will; and, by the fourth section of said act, it is provided, 

 ' ' that to the end that the claim to said bequest may be prosecuted with effect, and 

 the necessary expenses in prosecuting the same be defrayed, the President of the 

 United States be, and he is hereby, authorized to apply to that purpose any sum not 

 exceeding $10, 000," etc. 



From these provisions it appears to me that Congress intended that there should 

 be no diminution of the funds bequeathed for the purpose specified in said will, but 

 that the whole, whatever they might amount to, should be applied to carry into 

 effect the intention of the testator; and when the object of the bequest is consid- 

 ered, it can not be supposed that Congress would act in any other than a liberal 

 spirit. 



My opinion, therefore, is that the amount of the whole money and other funds 

 received by the agent of the United States, under the act of July 1 , 1836, without 

 reduction, constitute the Smithsonian fund, for the purposes specified in said Smith- 

 son's will; and that the whole expenses of prosecuting said claim, receiving, and 

 transporting the same to this country, including any additional expenses which may 

 have been incurred here, ought to be defrayed out of the appropriation made by 

 Congress. 



It appears that cash and stocks, which, when converted into money, amounted to 

 106,49011s. 9d., were decreed to the United States, as the amount of the legacy 

 and bequest in said will. This sum, after deducting 116 2s. 2d., the amount of costs 

 refunded, is the amount which should be paid to the Treasurer of the United States, 

 to be kept and disposed of according to the provisions of the act of July 1, 1836, and 

 the sixth section of the act of July 7, 1838; and all expenses, of whatever kind or 

 nature, should be paid out of the appropriation made by Congress. 



In relation to the disposition of the other personal effects of Mr. Smithson, which 

 have been transferred to this country by the agent of the United States, my opinion 

 is that Congress should direct the disposition of them. 

 I have the honor to be, sir, your obedient servant, 



FELIX GKUNDY. 



Hon. LEVI WOODBURY, 



Secretary of tfie Treasury. 



