TWENTY-SEVENTH CONGRESS, 1841-43. 249 



HOUSE OF REPRESENTATIVES, April 12, 1842. 



Mr. ADAMS, from the committee appointed December 10, 

 "1841, made the following report, accompanied by a bill (H. 

 R. 386) which was read the first and second time, and com- 

 mitted to the committee of the whole House on the State of 

 the Union : 



The select committee, to whom was referred so much of the 

 message of the President of the United States, at the 

 commencement of the present session, as relates to the 

 bequest of James Smithson to the United States for the 

 foundation and establishment, at the city of Washington, 

 of an institution for the increase and diffusion of knowl- 

 edge among men, respectfully submit to the House the 

 following report : 



The seventh year is already considerably advanced in its 

 course since the then President of the United States, on the 

 17th of December, 1835, communicated, by message, to 

 both Houses of Congress the fact of this bequest, with a 

 copy of the will of James Smithson, in which it was con- 

 tained ; and with the remark that, the Executive having no 

 authority to take any steps for accepting the trust, and 

 obtaining the funds, the papers were communicated with a 

 view to such measures as Congress might deem necessary. 



This message, with its accompanying correspondence and 

 vouchers, was referred in the Senate to their committee on 

 the judiciary, and in the House of Representatives to a 

 select committee of nine members, both of which commit- 

 tees reported in favor of the acceptance by Congress of the 

 bequest, and of assuming, for the people of the United 

 States, the solemn obligation of preserving inviolate the 

 fund bequeathed by the testator, and of applying the in- 

 come derived therefrom faithfully to the purposes prescribed 

 by him. 



" Accordingly, on the 1st of July, 1836, a bill which had 

 previously been passed by both Houses of Congress received 

 the sanction of the President, authorizing him to appoint 

 an agent or agents to recover the funds bequeathed by the 

 will of the testator, and then being in charge of the court 

 of chancery of Great Britain, and to deposit the same in 

 the Treasury of the United States ; and the faith of the 

 United States was, by the same act, expressly pledged for 

 the faithful performance of the trust assumed by the accept- 

 ance of the bequest. 



An agent was appointed by virtue of this act, who recov- 

 ered, by a decree of the court of chancery, a sum, which, 



