238 SMITHSONIAN MISCELLANEOUS COLLECTIONS VOL. 52 



Now, the condition of the above obHgation is such, that, if tlie above bounden 

 Richard Rush shall faithfully perform the duties of said Agency, and faith- 

 fully remit to the Treasurer of the United States, all, and every sum or sums 

 of money or other funds which he may receive for payment, in whole or part 

 of the said legacy, mentioned in said Act of Congress, then the above obliga- 

 tion to be void and of no effect, otherwise to remain in full force and- virtue. 



Richard Rush [seal] 



J. Mason, Jr. [seal] 



Benjn. C. Howard [seal] 



Signed, sealed and delivered in the presence of 

 Geo. p. Forrest 

 Thos. C. Wright 

 T. B. Washington 

 E. R. Ford. 



I am satisfied with the within bond and securities. 



Levi Woodbury 



Secty of Treasury. 



Official Bond of Richard Rush to the Treasurer of the U. S. in penalty of 

 five hundred thousand dollars, with B. C. Howard and Jno. Mason, Jr. Sureties. 

 Received July 13, 1836. 



P, G. Washington 



Actg. Treas. U. S. 

 Dated July 12, 1836. 



Mr. Rush sailed from New Yorlc on the first available ship, and 

 arrived at Iviverpool on the 31st of August. He employed as solici- 

 tors Messrs. Clarke, Fynmore & Fladgate, with whom our legation 

 at I^ondon had had previous transactions on the subject. His first 

 considerable letter to the Secretary of State was from London, 

 under date of September 24, 1836. In it he gives interesting infor- 

 mation concerning Smithson and his will. He reports that while 

 there seems to be no doubt that the United States is the final legatee 

 of Smithson, a suit or legal proceedings of some nature, to which the 

 United States must be a party, will have to be instituted in the Court 

 of Chancery in order to make valid their right and enable them to 

 get possession of the fund, now in the hands of the court and sub- 

 ject to its judginent. 



After writing this letter Mr. Rush thought that it might possibly 

 be more advisable not to subject the United States to the delays of 

 court proceedings, but to bring the matter indirectly to the attention 

 of the British Government through the American Minister. How- 

 ever, after consulting counsel, Thomas Pemberton and Edward 

 Jacob, the former of whom Rush describes as "at the head of the 

 chancery bar," and Mr. Jacob as being "in the first class of eminence, 

 next to Mr. Pemberton," it was decided that it was absolutely neces- 



