Something of Men I Have Known / With Some Papers of a General Nature, Political, Historical, and Retrospective

by Adlai E. Stevenson

The clause in his will which was to cause his name "to live in the memory of man when the titles of the Northumberlands and the Percys are extinct and forgotten," was,—

"In the case of the death of my said nephew without leaving a child or children, or 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 one hundred pounds to John Fitall (for the security and payment of which I have made provision) 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."

Why he selected the United States as his residuary legatee has long been, and will continue to be, the subject of curious inquiry. He had never been in America, had no correspondent here, and nowhere in his writings has there been found an allusion to our country. So far as we know, he could have had no possible prejudice in favor of our system of representative government.

It is a singular fact, however, in this connection, that the pivotal clause in his will bears striking resemblance to the admonition, "Promote as an object of primary importance institutions for the general diffusion of knowledge," contained in the farewell address of President Washington.

The contingency provided for happened; the death of the nephew Hungerford unmarried and without heirs occurred six years after that of the testator. The first announcement to the people of the United States of the facts stated was contained in a special message from President Jackson to Congress, December 17, 1835. Accompanying the message was a letter with a detailed statement, and copy of the will, from our Legation in London. In closing his brief message of transmission, President Jackson says: "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."

On the first day of July, 1836, a bill authorizing the President to assert and prosecute the claim of the United States to the Smithson legacy became a law. This, however, was after much opposition in Congress; a member of the House indignantly declaring that our Government should receive nothing by way of gift from England, and proposing that the bequest should be denied. The prophetic words of the venerable John Quincy Adams—then a member of the House after his retirement from the Presidency—in advocating the passage of the bill are worthy of remembrance:

"Of all the foundations of establishments for pious or charitable uses which ever signalized the spirit of the age, or the comprehensive beneficence of the founders, none can be named more deserving the approbation of mankind than this. Should it be faithfully carried into effect with an earnestness and sagacity of application and a steady perseverance of purpose proportioned to the means furnished by the will of the founder, and to the greatness and simplicity of his design as by himself declared,—'the increase and diffusion of knowledge among men,'—it is no extravagance of anticipation to declare that his name will hereafter be enrolled among the benefactors of mankind."

In the execution of this law, the President immediately upon its enactment appointed Richard Rush, a distinguished lawyer of Philadelphia, to proceed to London, and take the necessary steps to obtain the legacy. To the accomplishment of this purpose a suit was soon thereafter instituted by Mr. Rush. The hopelessness of its early termination in an English Chancery Court of that day will at once occur to the readers of Dickens's famous "Jarndyce against Jarndyce." It was truly said, that a chancery suit was a thing which might begin with a man's life, and its termination be his epitaph.

A wiser selection than Mr. Rush could not have been made. He entered upon the work to which he had been appointed, with great determination. In a letter to our Secretary of State just after he had instituted suit, he says:

"A suit of higher interest and dignity, has rarely perhaps been before the tribunals of a nation. If the trust created by the testator's will be successfully carried into effect by the enlightened legislation of Congress, benefits may flow to the United States, and to the human family, not easy to be estimated, because operating silently and gradually throughout time, yet not operating the less effectually. Not to speak of the inappreciable value of letters to individual and social man, the monuments which they raise to a nation's glory often last when others perish, and seem especially appropriate to the glory of a Republic whose foundations are laid in the assumed intelligence of its citizens, and can only be strengthened and perpetuated as that improve."