122 SMITHSONIAN BEQUEST. 



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 pro- 

 visions of said will ; and, by the fourth section of said act, 

 it is provided, " that to the end that the claim to said be- 

 quest 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," &c. 



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 ap- 

 plied to carry into effect the intention of the testator ; and 

 when the object of the bequest is considered, it cannot 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 1st, 1836, without reduction, 

 constitute the Smithsonian fund, for the purposes specified 

 in said Smithson's will ; and that the whole expenses of" 

 prosecuting said claim, receiving, and transporting the same 

 to this country, including any additional expenses which 

 imiy 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 106,490 11s. 9rf., were decreed 

 to the United States, as the amount of the legacy and be- 

 quest 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 V 

 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 Con- 

 gress should direct the disposition of them. 



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



FELIX GRUNDY. 



Hon. LEVI WOODBURY, Secretary of the Treasury. 



