TWENTY-FOURTH CONGRESS, 1835-37. 



executory bequest contained in Mr. Smithson's will, of bis 

 whole property to the United States, in the event that has 

 occurred, for the purpose of founding, at Washington, 

 under the name of the Smithsonian Institution, an estab- 

 lishment for the increase and diffusion of knowledge among 

 men, is, by the law of England, a valid bequest ; that the 

 United States, will be entertained in the court of chancery 

 of England, to assert their claim to- the fund, as trustees, 

 for the purpose of founding the charitable institution at 

 Washington to which it is destined by the donor; and that 

 that court will decree, that the fund shall be paid and trans- 

 ferred to the United States, or their lawfully authorized 

 agent, leaving it to the United States to apply the property 

 to the foundation of the intended charity at Washington, 

 and to provide for the due administration of the fund, so as 

 to accomplish the purpose of the donor. The committee 

 are sensible, however, that these are points which can only 

 be determined and settled by the judicial authority of Eng- 

 land. 



In the opinion of the committee, the questions which it 

 behooves Congress to consider, are, whether it is competent 

 to the United States, whether it comports with their dignity, 

 whether (all circumstances considered) it is expedient and 

 proper that the United States should appear as suitors in 

 the courts of justice of England, to assert their claim to the 

 legacy in question, as trustees for the intended charitable 

 institution to be founded at Washington. 



It might be a question of much doubt and difficulty, 

 whether it would be within the competency of the Govern- 

 ment of the United States to appropriate any part of the 

 general revenue collected from the nation at large, to the 

 foundation and endowment of a literary or any other chari- 

 table institution in the District of Columbia. But, in the 

 opinion of the committee, no such question is involved in 

 the consideration of the present subject. The fund given 

 to the United States by Mr. Smithson's will, is nowise, and 

 never can become, part of their revenue; they cannot claim 

 or take it for their own benefit; they can only take it as 

 trustees, to apply to the charitable purpose for which it was 

 intended by the donor. 



The committee can see no reason to doubt, that the 

 United States must be regarded as the parcns patriot of the 

 District of Columbia; that, in that character, they have a 

 right, and they are in duty bound, to assert a claim to any 

 property given to them for the purpose of founding a char- 

 itable institution of any kind within the District, and to>- 



