by the above act, he had increased the amount of the Smithsonian fund in the Treasury of the United States on the 19th of February, 1867, to $550,000, in the following man ner: The interest at 7 per cent., due for two years, to February 15, 1867, on the $54,150 U. S. bonds, was collected, viz:-. $25,400 of the Bonds were taken by the Treasury Department at 6 per cent. premium, yielding Bonds.. Premium--- Interest from 15th February to 19th, four days.-. $7,905 90 $25,400 26,924 00 20 32 Amount realized_ 34,850 22 Amount placed in the United States Treasury, to be added to the original trust fund, $515,169, (making it $550,000)---. 34,831 00 Leaving a balance in cash of. This balance was deposited with Riggs & Co. to the credit of the Smithsonian account. $19 22 CONGRESSIONAL PROCEEDINGS. Message from the President of the United States. WASHINGTON, December 17, 1835. To the Senate and House of Representatives of the United States: I transmit to Congress a report from the Secretary of State, accompanying copies of certain papers* relating to a bequest to the United States, by Mr. James Smithson, of London, for the purpose of founding, at Washington, an establishment, under the name of the Smithsonian Institution, "for the increase and diffusion of knowledge among men." The Executive having no authority to take any steps for accepting the trust, and obtaining the funds, the papers are communicated with a view to such measures as Congress may deem necessary. ANDREW JACKSON. PROCEEDINGS IN THE SENATE. SENATE, December 21, 1835. The message was read, and ordered that it be referred to the Committee on the Judiciary, and printed. SENATE, TUESDAY, January 5, 1836. Mr. Leigh, from the Committee on the Judiciary, to whom was referred the message of the President of the United States, of the 21st ultimo, relative to the bequest of the late James Smithson, of London, made a report, accompanied by a joint resolution to authorize and enable the President to assert and prosecute with effect the claim of the United States to the legacy bequeathed to them by James Smithson, late of London, deceased, to found at Washington, under the name of the Smithsonian Institution, an establishment for the increase and diffusion of knowledge among men. The resolution was read, and passed to a second reading. Ordered, That the report be printed. *For these papers see Correspondence. The following is the report: The Committee on the Judiciary, to whom was referred the message of the President of the 17th December last, transmitting to Congress a report of the Secretary of State, accompanying copies of certain papers relating to a bequest to the United States by Mr. James Smithson, of London, for the purpose of founding, at Washington, an establishment under the name of "The Smithsonian Institution, for the increase and diffusion of knowledge among men," respectfully report: That it appears that Mr. James Smithson, late of London, deceased, by his last will and testament bequeathed the whole of his property to his bankers, Messrs. Drummonds, of Charing Cross, London, in trust, to be disposed of in the manner therein provided and directed, and desired his said executors to put his property under the management of the Court of Chancery; and then, (after bequeathing an annuity of £100 sterling to John Fitall for life,) he bequeathed and provided as follows: "To Henry James Hungerford, my nephew, I give and bequeath, for his life, the whole of the income arising from my property of every nature and kind whatever, after payment of the above annuity, and after the death of John Fitall that annuity likewise; the payments to be made to him at the time interest or dividends become due on the stocks or other property from which the income. arises. Should the said Henry James Hungerford have a child or children, legitimate or illegitimate, I leave to such child or children, his or their heirs, executors, and assigns, the whole of my property of every kind, absolutely and forever, to be divided between them, if more than one, in the manner their father shall judge proper; and in case of his omitting to decide this, as the Lord Chancellor shall judge proper. Should my said nephew, IIenry James Hungerford, marry, I empower him to make a jointure. In case of the death of my said nephew without leaving a child or children, or of the death of the child or children he may have had, under the age of twenty-one years, or intestate, I then bequeath the whole of my property (subject to the annuity of £100 to John Fitall, and for the security and payment of which I mean stock to remain in this country) to the United States of America, to found, at Washington, under the name of the Smithsonian Institution, an establishment for the increase and diffusion of knowledge among men.” It further appears, from a letter of Messrs. Clarke, Fynmore, and Fladgate, solicitors, to Mr. Vail, chargé d'affaires of the United States at London, dated the 21st July last, communicated by Mr. Vail to the Secretary of State, that pursuant to the instructions contained in Mr. Smithson's will, an amicable suit was, on the death of that testator, brought in the court of chancery of England, by the legatee, Mr. Hungerford, against the Messrs. Drummonds, the executors, in which suit the assets were realized; that these were very considerable; that there is now standing in the name of the accountant general of the court of chancery, on the trusts of the will, stock amounting in value to about £100,000; that Mr. Hungerford, during his life, had received the income arising from this property; but that news had reached England that Mr. Hungerford had died abroad, leaving no child surviving him; so that the event has happened on which the executory bequest of this large property was made by the testator, Mr. Smithson, to the United States, to found, at Washington, under the name of "The Smithsonian Institution," an establishment for the increase and diffusion of knowledge among men. Messrs. Clarke, Fynmore, and Fladgate also inform Mr. Vail that it has now become necessary that measures should be taken for the purpose of getting the decision of the court of chancery as to the further disposition of the property; that it is not clearly defined in Mr. Smithson's will, to whom, on behalf of the United States, the property should be paid or transferred; and indeed there is so much doubt that they apprehend the attorney general on behalf of the crown of England must be joined in the proceedings which it may be requisite the United States should institute; that they act, in this matter, for Messrs. Drummonds, the bankers, who are mere stake-holders, and are ready to do all in their power to facilitate getting the decision of the court of chancery, and carrying the testator's intentions into effect; and that they will be happy to communicate with such professional advisers as the Government of the United States shall think fit to appoint to act for them in England. And having thus stated the nature of the business, they add, that they abstain from making any suggestion as to the party in whose name proceedings should be adopted, considering that the point should be determined by counsel in England, after the opinion of the proper law officers in the United States shall have been taken on the subject. In a letter of Mr. Vail to the Secretary of State, of the 28th July last, communicating a copy of Mr. Smithson's will, and the letter of Messrs. Clarke, Fynmore, and Fladgate, to him, he says that that letter, and the inquiries he |