The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-04-22
And the hr.t section being under consideration in

give the whole Of his property to the United States
Amsnca 10 found al Washington under the name Of N
sithsonisn Institution establishment Tor the incTess
and dinusien OF knowledge among mem and "herea
Congress have heretofore received said property aud &C
csptsd said trust therefore that the same may be exc
oalsd good ith and according the viii Of the liberia
and enlightened donor
Be q enacted Ly the SENATE and House Of ReP's's1is
hs1g ns Uatsd stass ~ fmsrtes 10 Csnsrsss !,
That 30 much Of the property ofthe said James
has been received In money paid into the uelaag
the United States being the Of five hundred and a.
thousand one hundred and sixty nine dollars Dc s a.
United States treasury at six per cenum per annnm IN
tssst. from the first day OF september 10 the on
thousand eight hundred and thiryeight when ne sl
was received into the said treasury and that so much o.
the interest may have accrued on sald ~" ~ ~.
ny 81 July next which viii s9oon Gun h"0S1sd and twenty
nine dollsrs so much thereof as shan he oosru o.
managers Of the Institution established oy ,s .Ss 1s @
ths erection Of suitable buildings the enclosing ana pre-
pairing Of suitable grounds and for other current incidental
srpessss Of the said institution and that six per cent In
ts1ri ON the said trust fund being the said amount Of
h,s hundred and hsen thousand hundred and sixty
nine ssa rsesss a. t0 s sgb Sunssd and thirty
eight payable in hsfyeary payments on the hrst Of Jan
usy and July in each year be- and the same hereby s
I'D institution and all expenditures and appropriation TO
s made from time 70 time 10 the purposes Of the institb
lion Aforesaid shall be exclusively from the accrng inter
al and not from the principal OF the said fund nd bs
Gsr enacted That all the moneys and stocks which have
been may hereafter be- received into the treasury o. the
snithson be- and the hereby pledged TO refund
70 The treasury Of the United States the sums hereby aPPro
Phatsd.
Mr. G. w. JONES moved that the said section
be stricken out.
Mr.. OWEN said: We have been unfortunsts, in
this country In the administration OF legaeies be
oussthed by bsnsyolans men for the improvement Of
our race OF the noble Girard fund, three quarters
Of million dollars are lost forever, and though half
a generation has passed away since the eccentric
Phiadelphian died not one child has yet reaped the
benefit Of his munifcent bequest. A temple has
indeed arisen that outshines Greece and her Parthe-
non; its sumptuous Corinthian pillars, each one
costing sum that would have endowed a profess
sorship, are the admiration Of beholders and the
boast Of the Quaker city; but years must yet eaPse
before the FIRST ofndgence can ascend the steps OF
that prncey portico, and SIT down within those
marble halls 10 receive the education for which its
simple and unosIentatious founder sought TO pro-
vide.
Yet il is not for US Of this National Legislature TO
arragn, as dilatory, the corporation OF Philadel-
phia. Ii is sixteen years since James Smithson
died leaving TO the United States the reversion OF
more than half million Of dollars, to found, in this
District an institution "for the increase and diffu-
sion Of knowledge among men," IL will be ten
years on the LIST Of July next, since this Govern
ment solemnly accepted tho trust created by Mr..
smithson's viii. twill be eight years next Sep
ismber since the money was Obtained from the Eng
Of the United States. And yet though distinguished
men have moved in this matter. though projects
have been brought forward and discussed in Con-
Eress there has, ill 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 fulhlment Of the
intentions Of the philanlhropic testator.
Small encouragement is there, in such hardness
as this to othe.I as wealthy and as liberal Smith
son and Girard, TO follow their noble example,
Small encouragement to such men, to enrust TO our
care requests for human Improvement Due dill
gence is Of the duties Of faithful trustee Has
Congress- in its conduct Of this sacred trusteeshp,
used due diligence Have its members realized, in
the depths Of their hearts, its duties and their ur-
gent Importance Or has not the language Of our
le, slave action rather been but this: "The Smith
sonisn fund.- All, true! That's well thought Of.
One forgets these small matters. We ought GER
ainy to attend to it-one Of these days. if we could
only find time" We are as the guests, in the par
able, hidden to the marriage feast. 81 have mar.
RED a wife, and therefore cannot come" 81 have
bought yoke Of oxen, and must needs remain at
home to prove them" Let us see to 1t, that the
condemnation passed upon their patry excuses fall
mo-, with double force, upon our supineness IN this
hing. .-.., s..-, .-.s..-... .a... 80.
There are those, among the strict construction
lists 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 adj
minister it. | suppose, judging from the tenor OF
the amendment moved by the gentleman from Ten
nessee, Mr.. G. w. JONES, that he will SO vote.
Mr.. JONES. l certainly shall.
Mr. OWEN. We'll, sir, though share not the
genteman's constitutional scruples, yet I, too, il
action in this matter be much longer delayed, shall
Join in the vote to send back the money to the
country whence il came. There is not common hon.
esy in the man who shall receive trust fund even
a. -. l. a.
the money in his hands, without applying It accor.
ding to the will Of the legator. What, then, shall
we say Of great government, that accepts-sol-
emily accepts, before God and man, bequest for
purpose sacred and holy, il any such purpose
there be upon EARTH and them ndolent or Indifferent
so braves the just censure of the world, SO disap-
points the generous confidence reposed in it, as to
lect and postpone, year after year, every meas
ure for the administration of that bequest'
Delay is denial. We have no more right to put
of, throughout long years, the appropriation o.
such fund.- than we have to direct it to our owl
private purposes. Nonuse works forfeiture a:
surely as misuse. Mr.. Richard Rush, through
whose agency the fund realized and RENTED tc
this country, in paper read two years ago, before
the National Institute, remarks, that if this delay o.
action had been anticipated by the English chancery
judges, it ''mght have forestalled the decree
in our favor, in the unrestricted manner in which
il was made" He adds. at is at leas
known, that the English court Of chancery il
slow to part with trust funds under any ordi
nary circumstances, without full security tina
they will not be diverted from their object or SUI
tered to languish in neglect That tribunal asked ne
such security from the United States. 1t woult
have implied the possibility Of laches in the higt
trustee. Pepper read .april 8, 1874.
Thue we are not legally accountable. Th
heavier, for that very reason, is moral respon
sib'ty. The gambler, beyond the pale of the law
commonly retains honor enough to meet his prom
ises. We have less than the gamblers honor, il
sheltered behind our sovereignty, we take advan
tage Of the mpunity it affords, and become unfaith
fu! to high and imperative duty.
| impute not to an American Congress- attrib
ute not to any Of my fellow-members DELHI
crate intention to neglect the objects Of this trust
There is, doubtless there ways has been, RICH
feeling on the subject The just cause of com
plant s, that this right feeling like many other gooc
Intentions in this world has never rpened into &C
ton. "When you feel nobly and intend well, "a
and do something! Do some good; il avails nothing
merely to think about it," Such were the words
pronounced from yonder desk, by teacher who's
Impressive eloquence recently filed this hall.
thought OF the Smithsonian bequest, when hear
them.
Nor Is il difficult to distinguish the reason
though II furnished no sufficient apology, for thi
prolonged inacton. Ii is to be ascribed, though il