Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1836-01-21
SMITHSON'S LEGACY,

The message and documents rel ting to
the bequest by JAMES SMITHsON, of which
we gave condensed view week or two
since, was referred, in the Senate, to the
Committee on the Judiciary, to examine the
question, whether the United States could
properly accept such bequcs', and if no
constitutional difficulty intervened, in what
manner the rights accruing TO our Govern
ment should be asser ted in the English Court
of Chanccry. On Tuesday, the 5ih inst Mr..
LEIGH, Of Virginia, made a report from this
committee, which fully recognizes the right
and Propriety of accepting the trust on the
part of the United States as parens pat,le of
the District of Columbia, and recommends
that provision be made by Congress to enable
the Executive to assert and prosecute the
claim with effect. Having given succinct
history Of the facts relating to the legacy,
with which our readers are already familiar,
the report proceeds
The committee concur in the opinion of
the President, that it belongs to the Legsla-
ture to devise and prescribe the measures, if
any, proper to be adopted on this occasion
and to provide for such expenses as nlay be
incurred in the prosecuting of them.
Judging from the letters of Mr.. Vail to the
Secretary of State, and Of Messrs. Clarke,
Fynmore, and Fladgate to Mr.. Vail, ms well
as from the information which the committee
themselves have been able to gather as to the
course of adjudication of the court of chan
Gerry of England in such cases, the committee
l. -
bequest contained in Mr.. Smthson's will of
his 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 tablish-
ment for the increase and diffusion of knowI-
edge among men is, by the law Of England
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 offoundng the char
liable institution at Washington, to which it
is destined by the donor, aud that that court
will decree that the fund shall be paid and
transferred to the United States, or their law
fully authorized agent, leaving it to the Uni
ted States to apply the property to the fonn-
datlon OF the intended charity at Washington
and to provide for the due administration Of
The fund, 50 as to accomplish The purpose Of
the donor. The committee are sensible,
however, that these are points which can only
be determined and settled ly the judicial
authority of England.
In the opinion Of the committee, the Ques.
tions which it behooves Congress to consider,
are, whether it is competent to the United
States, whether it comports with their cign-
ty, whether (all circumstances considered) it
is expedient and proper that the United
States should appear as sutors IN the courts
of justice Of England, to assert their claim to
the legacy in question, as trustees for the in
tended charitable institution to be founded ut
II might be question Of much doubt and
difficulty whether it would be within the
Of the Government of the United
States to appropriate any part of the general
revenue collected from the nation at largo to
the foundation and endowment of a literary
or any other charitable institution in the
District of Columba-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 nowisc, and never can be-
come, part Of their revenue; they cannot
claim or take it for their own benefit; they
can only take it as trustees, to apply it to tho