TWENTY-NINTH CONGRESS, 1845-47. 387 



the fact, he wished to ask of the gentleman how his 

 amendment could be made operative ? 



Mr. JONES replied that certainly, if he never had heirs, it 

 would he difficult to find them. But he understood that, 

 though he had no children, he had a brother, who was once 

 in this country ; and his amendment proposed to refund 

 this money to the heirs or next of kin of James Smithson. 



In conclusion, he remarked that, if his proposition failed, 

 and this Smithsonian Institution was to be established, he 

 should then be in favor of handing over the State stocks, 

 which were purchased by this money, to the managers of 

 the Institution, and of letting them conduct it independently 

 of the Government. And, voting for this proposition, all 

 that related to the establishment of a body politic and cor- 

 porate, he should also wish to have stricken out, for he 

 would vote for the establishment of no corporation by this 

 Government. 



Mr. J. R. INGERSOLL expressed his favor for the general 

 features of the bill, but before entering upon the direct ques- 

 tion, he directed a few remarks to the amendment of Mr. 

 Jones, which he considered entirely futile, as far as any idea 

 of refunding the money to heirs was concerned, inasmuch 

 as it was ascertained beyond doubt that Mr. Smithson had 

 no heirs or next of kin. He had had one son, who died 

 during his minority; and thereupon this Government, as 

 the residuary legatee, came in possession of the property in 

 legal form from the attorneys in chancery of the executors 

 of Mr. Smithson, at London. This amendment, if carried 

 out into a law, therefore, would result in working a for- 

 feiture of the funds to the British Government. But Mr. 

 Ingersoll contended, that as we had received it by solemn 

 act of Congress, and retained it for eight long years, it was 

 now binding, on the ground of faith, honor, and duty, to 

 appropriate it in the manner designed by the testator him- 

 self; and the fact that this fund had been invested by the 

 Treasurer of the United States, under direction of Congress, 

 in Arkansas stocks, did not affect this question in any respect; 

 the Government of the United States being always responsi- 

 ble for the restoration of this fund, and the devotion of it to 

 the proper objects. The fund was sacred in the treasury of 

 the United States at this moment, and they were pledged, 

 every one of them, to redeem it. 



And the true question now presented was, what were the 

 intentions of the donor? 



Mr. INGERSOLL here in reference to an allusion by Mr. 

 Owen to the Girard fund went into an explanation, at some 



