Cheraw gazette. [volume] (Cheraw, S.C.) 1835-1838, 1836-01-19

cases, the committee suppose II unqueS'ioR-
able that the executory bequest contained IN
Mr.. S.nithson's will of his whole property
to the United States, in the evcnt that has
occurred, for the purpose OF founding, al
Washirg on, under the name OF the Smith
son:an Institution, an establishment tor the
increase and diffusion of knowledge among
men, is, By the law Of England, c valid be-
quest; that the United States will be enter
tanned in the court Of chanccry of England
to assert their claim to the fund, as trustees,
for the purpose Of founding the charitable
institution at Washington, te wlnch II is des-
tined by the donor; and that that court will
dacrcc that the fund shah be paid and trans
frrcl to the United States, or their lawfully
.a1.ho.izcd agent, leaving it to the United
States to apply the property to the founda-
tion of the intended charity at Washington.
and to provide for the due administrator
OF the fund, so as to accomplish the purpose
of the donor. The committee are sensible,
however, that these arc points which can es,-
]y be determined and settled blythe judicial
authority of England.
In the opinion Of tic committee, the cues
ton which it bchooves Congress to cons;d-
.cr. are, whether it is competent to the Uni.
ted States, whether it comports with their
dignity, whether Gall circumstances consid.
ered it is cxpcdent and proper that the L.
nited 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 intended charitable institution to be
founded at Washington.
1t might be question Of much doubt and
difficulty whether it would be within the
competency Of the Government of The L.
nited States to appropriate any part Of the
general revenue collected from the nation at
large to the foundation and endowment of a
literary or any other charitable institution
in the District of Columbia. But, in the
opinion Of the committee, no such question
is involved in the consideration Of the pre-
sent subject. The fund given to the Tnitcd
States by Mr.. Srsithsen's will is nowise, and
never can become, part Of their revenue !;
they cannot claim or take 1t for their own
benefit; they can only take it as trustees,
to apply to the charitable purpose for which
1t was intended by tic donor.
The committee can see no reason to
doubt that the United States mus. be regar-
ded as the pareSs patriG of the District of
Columbia. That In that character, they
hay: right, and they are in duty bound: to
assert claim to any property given 10 them
for the purpose of founding charitable in
stitution Of any kind within the District, land
to provide for the due application and ad-
ADMINISTRATION of such fund when they have
obtained possession ef it. That the rights
and duties Of the United States, as parens
patriG Of the District, in such case, are
the same, whether the charitable donation
be made by the subject of foreign nation,
or by q citizen, or whether the claim to the
bounty is 10 be asserted before domestic
court Of justice, or before foreign tribunal,
which, by the comfy Of nations, or the
laws of It's own country, is bound to enter.
tain the claim, and to adjudge the property
to the U. States, if they arc by law entitled
toit. Ifa foreign trihunal, ,decreeing such pro.
perty to the U.States should, think proper to
impose any conditions incompatible with the
constitutional powers of this Government,
or with its duties or its dignity, the United
States may then, decline to accept the prop
erty and the trust. -But no difieulty-o that
kind is apprehended.
The committee are also Of opinion that
the United States, in prosecuting claim 10
property given to them for the purpose Of
founding a charitable institution within the
District of Columbia, and which they arc
entitled to claim, and take, and regulate the
administration of, as the parens patris of
the District, may properly appropriate, out
of their general revenue, such-sums Us may
be necessary to prosecute the claim with ct-
iect-sincc the United States have no other
pecuniary means to defray the expenses
that may be incurred sn exercising their
powers, or in performing their puties, as pa.
7ens patrie Of the District, but such as alc
afforded BY their general revenue.
Upon the whole, the committee are Of
opinion that it is within the-competescy Of
the Government of the United States, that
at well comports with its dignity, that, in
deed, it is its duty, to assert in the courts of
Justice of England the claim of the United
States to the legacy bequeathed to them by
Mr.. Smithson's will, for the purpose Of
founding, at Washington, under the name
Of "The Smithsonian Institution an es.
tablishmcnt for the increase anti diffusion of
knowledge among men and that provision
Ought to be made by Congress to enable the
Executive to assert and prosecute the claim
with effect.
Therefore, the committee recommend the
adoption of a joint resolution authorizing
the President to take measures for recover
ing the said legacy.