SMITHSONIAN BEQUEST. 31 



America, that his and Madame de la Batut's children in 

 France should have an allowance until the age of twenty- 

 two, for their education; and he considers that the income 

 derived from the fund since the testator's death should be 

 allowed to Madame de la Batut ! 



We do not think it necessary to go further into these 

 requisitions, or into a detail of M. de la Batut's arguments in 

 support of them. We may, however, advert more particu- 

 larly to the following point, which may have some claim to 

 consideration. M. de la Batut urges that young Hunger- 

 ford, who lived up to his income, left behind him nothing 

 to pay debts and funeral expenses; that had Mr. Smithson's 

 will come into operation now, instead of seven years back, 

 he would, in consequence of a modern alteration in the law, 

 have been entitled to a portion of the accruing half year's 

 income up to his death ; but that, as the modern alteration 

 does not apply to the case, he is deprived even of that, and 

 cannot be said to have enjoyed the income of the property 

 during his whole life; and thus burdens are thrown upon 

 his relations, which their circumstances do not enable them 

 to bear. We may here observe, that the law on this sub- 

 ject is clear; he was not entitled to any portion of the half 

 year's income. We answered him by stating that neither 

 you nor ourselves could give any opinion on the subject, 

 still less undertake that anything should be done for him 

 by the United States ; and we informed him that if he con- 

 sidered he had any moral claims, he must himself apply to 

 the proper authorities, which he stated his intention to do. 

 We further informed him that we were in search of evi- 

 dence which was completely within his knowledge ; and we 

 offered, if he would furnish us with and depose to the par- 

 ticulars relating to Hungerford known to him, we would so 

 far support any application he might make to the proper 

 authorities as to certify that in our inquiries and proofs we 

 were under material obligations to him ; and he at length 

 consented to make the necessary depositions. These depo- 

 sitions we drew up in proper form, but, upon requesting 

 him to make an appointment to swear to them, he refused 

 to do so, unless he had a pledge from you that you would 

 do all in your power to support his claims, in addition to 

 the recommendation of Mr. Drummond to the consideration 

 of the United States. The recommendation of Mr. Drum- 

 mond, we might have promised him, but the^ pledge re- 

 quired from you we knew to be out of the question ; and as 



