264 Life of Count Rumford. 



in his property, to endeavor to have them so modified as to pro- 

 mote the attainment of the end which he proposed." 



The committee add, as another important considera- 

 tion, that in providing that the additional income of the 

 fund accruing from an occasional non-adjudication of 

 the premium should be given to its next recipient, 

 Rumford could hardly have foreseen that the accessory 

 would ever so far exceed the principal. The income of 

 the fund for two years being at the time two thousand 

 dollars, and steadily increasing, it would be extravagant 

 to award it as a premium. " It must lose the char- 

 acter of a prize, and be sought with mercenary views, 

 rather than as an honorable distinction." 



The Report closed with "a plan for facilitating the 

 awarding of the premium and applying the surplus 

 income," as the best they could "devise to execute in 

 practice the intent and promote the general object of 

 the donor." The scheme suggested was substantially 

 that which was adopted by the Supreme Judicial Court 

 of the Commonwealth of Massachusetts in its decree in 

 Chancery. 



The Academy first applied to this court for legal 

 relief, but the bill was dismissed, as the equitable juris- 

 diction of the court over trusts was limited to " cases 

 of trust arising under deeds, wills, or in the settlement 

 of estates." The Academy then had recourse to the 

 Legislature of the State, which passed the following 

 special Act, approved by the Governor, March 16, 

 1831: 



"An Act authorizing the Supreme Judicial Court to hear and 

 determine in equity all matters relating to the donation of Ben- 

 jamin Count Rumford to the American Academy of Arts and 

 Sciences. 



