TWENTY-NINTH CONGRESS, 1845-47. 367 



1the Treasury of the United States. And yet, though dis- 

 tinguished men have moved in this matter, though projects 

 have heen brought forward and discussed in Congress, there 

 has till this day been no final action ; the first human being 

 has yet to receive the benefit of the Smithsonian bequest ; the 

 corner-stone of the first building has yet to be laid, in fulfil- 

 ment of the intentions of the philanthropic testator. 



Small encouragement is there, in such tardiness as this to 

 others, as wealthy and as liberal as Smithson and Girard, 

 to follow their noble example! Small encouragement to 

 such men, to entrust to our care bequests for human im- 

 provement ! Due diligence is one of the duties of a faithful 

 trustee. Has Congress, in its conduct of this sacred trustee- 

 ship, used due diligence ? Have its members realized, in 

 the depths of their hearts, its duties and their urgent impor- 

 tance? Or has not the language of our legislative action 

 rather been but this : " The Smithsonian fund ? Ah, true ! 

 That's well thought of. One forgets these small matters. 

 We ought certainly to attend to it one of these days, if we 

 could only find time." We are as the guests in the parable, 

 bidden to the marriage feast. " I have married a wife, and 

 therefore I cannot come." " I have bought a yoke of oxen, 

 and must needs remain at home to prove them." Let us 

 see to it, that the condemnation passed upon their paltry ex- 

 cuses fall not, with double force, upon our supineness in this 

 thing. 



There are those among the strict constructionists of the 

 House who will vote to return this fund to the British 

 Court of Chancery ; alleging that we have no constitutional 

 power to receive or to administer it. I suppose, judging 

 from the tenor of the amendment moved by the gentleman 

 from Tennessee, [Mr. G. W. Jones,] that he will so vote. 



Mr. JONES. I certainly shall. 



Mr. OWEN. Well, sir, though I share not the gentleman's 

 constitutional scruples, yet I, too, if action in this matter be 

 much longer delayed, shall join in a vote to send back the 

 money to the country whence it came. There is not com- 

 mon honesty in a man who shall receive a trust fund even 

 for an object the most indifferent, and then keep the money 

 in his hands, without applying it according to the will of 

 the legator. What, then, shall we say of a great Govern- 

 ment, that accepts, solemnly accepts, before God and man, 

 a bequest for a purpose sacred and holy, if any such purpose 

 there be upon earth, and then, indolent or indifferent, so 

 braves the just censure of the world, so disappoints the gen- 

 rous confidence reposed in it, as to neglect and postpone, 



