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The total sum required for this institution would amount

to $298,700.

CHARLES LEWIS FLEISCHMANN,

Graduate of the Royal Agricultural School of Barvaria,
and a citizen of the United States.

HOUSE OF REPRESENTATIVES, January 11, 1839.

A message from the Senate, that it had passed a resolution (No. 7) concerning the legacy bequeathed by Mr. James Smithson, of London, to the United States.

HOUSE OF REPRESENTATIVES, January 12, 1839.

The concurrent resolution from the Senate (No. 7) " concerning the legacy bequeathed by Mr. James Smithson, of London, to the United States, in trust, for an institution of learning, to be established in the city of Washington;" was read and concurred in by the House.

Mr. John Quincy Adams, Mr. Smith, Mr. Ogle, Mr. Charles Shepard, Mr. Holt, Mr. Thompson, Mr. Hunter of Ohio, Mr. Kennedy, and Mr. Garland of Virginia, were appointed said committee.

HOUSE OF REPRESENTATIVES, January 14, 1839.

On motion of Mr. KEIM,

Resolved, (the Senate concurring therein.) That the joint committee on the Smithsonian bequest be instructed to inquire into the propriety of establishing a professorship of the German Language, as a part of the literary instruction in the intended Smithsonian Institute.

HOUSE OF REPRESENTATIVES, January 26, 1839.

Mr. John Quincy Adams, from the joint committee on the Smithsonian bequest, reported the following resolutions, viz:

1. Resolved, That the sum of - dollars, being the amount deposited in the Treasury of the United States, proceeding from the bequest of James Smithson to the United States of America, for the purpose of establishing, at the city of Washington, an institution to bear his name, for the increase and diffusion of knowledge among men, together with what additional sum or sums may hereafter accrue from the same bequest, and so much of the interest as has become, or may become due on the first named principal sum, until the day of ought to be constituted a permanent fund, to be invested in a corporate body of trustees, to remain under the pledge of faith of the United States, undiminished and unimpaired.

2. Resolved, That the said fund ought so to be invested that the faith of the United States shall be pledged for its preservation unimpaired, and for its yielding an interest, or income, at the rate of six per cent. a year, to be appropriated, from time to time, by Congress, to the declared purpose of the founder; and that all appropriations so made shall be exclusively from the interest or income of the fund, and not from any part of the principal

thereof.

3. Resolved, That the first appropriations from the interest, or income, of the Smithsonian fund, ought to be for the erection and establishment, at

the city of Washington, of an astronomical observatory, provided with the best and most approved instruments and books for the continual observation, calculation, and recording of the remarkable phenomena of the heavens; for the periodical publication of the observations thus made; and of a nautical almanac for the use of the mariners of the United States and of all other navigating nations.

The said resolutions were read, and laid on the table.

Mr. John Quincy Adams, from the Joint Committee on the Smithsonian bequest, reported the following resolution; which was read and agreed to by the House, viz:

Resolved, (the Senate concurring herein,) That the Joint Committee of both Houses on the bequest of James Smithson be authorized to employ a clerk, and to cause to be printed such papers as they may deem necessary. Ordered, That the clerk request the concurrence of the Senate in the said resolution.

HOUSE OF REPRESENTATIVES, January 28, 1839.

A message from the Senate, that the Senate have concurred in the resolution sent from this House to authorize the Joint Committee on the Smithsonian bequest to employ a clerk, and to cause to be printed such papers as the committee may deem necessary.

HOUSE OF REPRESENTATIVES, February 16, 1839.

Mr. John Quincy Adams, from the committee on the Smithsonian bequest, reported a bill (No. 1160) to provide for the disposal and management of the sum bequeathed by James Smithson to the United States, for the establishment of an institution for the increase and diffusion of knowledge among men; which bill was read the first and second time, and committed to the committee of the whole House on the State of the Union.

Mr. John Quincy Adams, from the same committee, reported another bill (No. 1161) to provide for the disposal and management of the sum bequeathed by James Smithson to the United States, for the establishment of an institution for the increase and diffusion of knowledge among men; which bill was read the first and second time, and committed to the committee of the whole House on the State of the Union.

[These bills appear in the Senate proceedings of February, 1839, as Nos. 292 and 293.]

PROCEEDINGS IN THE SENATE.

SENATE, February 13, 1840.

MR. CLAY, of Kentucky, presented the petition of the Kentucky State Agricultural Society, praying the endowment of an agricultural school or college out of the funds of the Smithsonian legacy; which was referred to the Committee on Agriculture.

PROCEEDINGS IN THE HOUSE OF REPRESENTATIVES.

HOUSE OF REPRESENTATIVES, December 30, 1839.

Mr. ADAMS, in pursuance of notice given, asked and obtained leave, and introduced a bill to provide for the disposal and management of the fund bequeathed by James Smithson, deceased, to the United States, for the establishment of an institution for the increase and diffusion of knowlege among men. Read twice, and referred to a select committee of nine members, viz:

Mr. John Quincy Adams, Mr. Ogle, Mr. Shepard, Mr. Garland of Virginia, Mr. Lewis, Mr. Albert Smith of Maine, Mr. Barnard, Mr. Corwin, and Mr. Campbell of South Carolina.

HOUSE OF REPRESENTATIVES, February 5, 1840.

The following memorial of the corporation of the city of Washington on the subject of the Smithsonian bequest, was referred to the select committee upon the subject to which it relates:

MAYOR'S OFFICE, WASHINGTON, January 15, 1840.

SIR: In compliance with the instructions of a committee appointed by the corporation of this city, to represent their interests before Congress, I have the honor to request you to present the enclosed memorial to the House.

The great interest you have taken in the subject to which the memorial relates, has induced the committee to make this request.

I have the honor to be, very respectfully, your most obedient servant, PETER FORCE.

Hon. J. Q. ADAMS,

House of Representatives, U. S.

To the Senate and House of Representatives in Congress assembled: The memorial of the undersigned, a committee appointed by the corpora tion of Washington, respectfully represents :

That they have been instructed to express to your honorable bodies the earnest desire of the city councils, as well as of Washington, that the benevolent design of the late James Smithson, of England, should be carried into execution as soon as practicable, by the establishment of an institution in their city for the diffusion of knowledge among men. As this is a matter which more immediately concerns the people of Washington, where,

according to the desire and instruction of the testator, the institution is to be founded, they necessarily feel a deep solicitude on the subject, and are anxious that Congress would take it into serious and immediate consideration, in order that the benefit intended to be conferred, may be enjoyed at as early a period as possible. They need not suggest that, in addition to the intellectual advantages of which the contemplated institution promises to be productive, it will be the means, they believe, of adding greatly to the reputation of the metropolis, and of giving to it a new source of attraction. Though this motive may appear to be selfish, it is nevertheless one which all who take an interest in the welfare and prosperity of the capital of their country, must necessarily feel. But your memorialists are influenced by loftier and philanthropic motives, in wishing to see the instructions of Mr. Smithson carried into effect. It is impossible to calculate the amount of good which an institution properly founded and judiciously organized, as they have no doubt this will be, is susceptible of promoting the improvement of the intellect, taste, and morals of the great community of this country; for though the fountain may be here, its streams will flow through all parts of the republic, and fertilize and improve its remotest borders. It is not for memorialists to point out the character of such an institution as should be established, in accordance with the design of him who made the bequest, because they know it is in much abler hands; and, therefore, it would be presumptuous in them to attempt it. All they desire, is to see it speedily commenced, and the design fully carried out; and in this desire, they believe they are joined by all who feel an interest in the diffusion of human knowledge, and the intellectual improvement of their fellow-men.

Your memorialists respectfully pray, that for the benefit of their country. men, and the special advantage which will result from it to Washington, the subject may claim the immediate attention of Congress, and that a plan will be devised and adopted during the present session, which will accord with the intentions of the testator, and when carried into execution, be attended with all the blessings and advantages which are expected to flow from an institution already founded and wisely organized.

And so they will ever pray.

PETER FORCE.

CH. W. GOLDSBOROUGH.
GEO. WATTERSTON.
JOHN W. MAURY.

JOHN WILSON.

GEORGE ADAMS.

SAMUEL BYINGTON.

Mr. JOHN QUINCY ADAMS presented a memorial of Constantine S. Rafinesque, of Philadelphia, professor of historical and natural sciences, praying that the benevolent intentions of James Smithson may be speedily realized, by the immediate establishment of an institution for the diffusion of useful knowledge among men; which was referred to the select committee on the Smithsonian bequest.

HOUSE OF REPRESENTATIVES, February 27, 1840.

Mr. ADAMS asked Mr. CRABB (who was entitled to the floor) to give way to allow him to present a report from the select committee on the Smithsonian bequest. It was a subject which had excited a good deal of public interest; and he merely wished to make the report, and have it printed,

which would occupy but a few moments of the time of the House.

Mr. CRABB said if it was the universal consent of the House to receive the report at that time, he had no objection to give way for the purpose. But objection was made.

HOUSE OF REPRESENTATIVES, March 5, 1840.

Mr. JOHN QUINCY ADAMS, from the committee to which was referred the bill to provide for the disposal and management of the fund bequeathed by James Smithson to the United States for the establishment of an institution for the increase and diffusion of knowledge among men, reported an amendatory bill, accompanied by a report, which were committed to the Committee of the Whole on the state of the Union.

The report is as follows:

The Select Committee, to whom was referred the bill to provide for the disposal and management of the fund bequeathed by James Smithson to the United States, for the establishment of an institution for the increase and diffusion of knowledge among men, report the same with sundry amendments.

And inasmuch as the subject of this bill, and the bequest itself, and the institution to the establishment of which, at the city of Washington, it was devoted by the testator, involve considerations and principles other than those which usually regulate the legislation of Congress; and as the purposes of the bequest have, as yet, been but imperfectly made known to the people of the United States, and probably to a large portion of the members of the House, the committee submit to the indulgence of the House a statement of the material facts which have hitherto occurred in the tender of this fund to the United States of America, and their acceptance of it, and an exposition of the motives which have prevailed with the committee to propose the disposal of the fund, and the provisions for its maintenance and management, as they are set forth in the several sections of the accompanying bill.

Mr. Adams then quotes message of President Andrew Jackson, dated December 17, 1835, the correspondence of Mr. Vail and Clarke, Fynmore & Fladgate, James Smithson's will, &c., and then proceeds:

This message was referred, in the Senate, to their Committee on the Judiciary, which, on the 5th of January, 1836, presented a report favorable to the acceptance of the

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