240 SMITHSONIAN MISCEI^LANEOUS COLI.ECTIONS VOL. 52 



The next extensive report was dated February lo, 1837. Mr. 

 Rush writes that the court desired an amendment to the bill, which 

 stands officially "The President of the United States of America 

 versus Drummond," so as to include the Act of Congress authorizing 

 the President to receive the fund and make arrangements therefor. 

 He states that counsel were disposed to view this with satisfaction, 

 the United States having never before appeared as suitor in an 

 English court. 



Under date of March 25, 1837, he transmits the advertisements 

 agreed upon to determine whether Smithson or his nephew had any 

 heir or heirs, and calls attention to the form of the advertisement, 

 which he says was by his direction framed with all the brevity com- 

 patible with the essential object of the court's decree, as he wished to 

 guard against the risk of raising up spurious claimants or combina- 

 tions in France, Italy, or England to battle with the right of the 

 United States, whereby, although their ultimate recovery of the fund 

 might not be prevented, great delays might be interposed. 



Writing April 28, 1837, Mr. Rush speaks of keeping a constant 

 watch over the legal expenses, which are proverbially heavy in 

 English chancery proceedings. He adds : "It seems that something 

 is to be paid for every step taken, every line written, and almost 

 every word spoken by counsel, senior and junior, solicitors, clerks, 

 and everybody connected with the courts, and officers attached to 

 them." 



There then arose, in connection with the affair, several vexatious 

 small claims upon the Smithson fund, which Mr. Rush combated 

 with great dignity and firmness. On July 21, 1837, he seems to have 

 become a little impatient, and writes to the solicitors asking them 

 what the prospects were for a speedy decision. Under date of July 

 28, 1837, he writes Mr. Forsyth : "Had it not been for the obstruc- 

 tions created by Monsieur de la Batut, this part of the case would 

 have been expedited, and a door the sooner opened by which the 

 United States might have got possession of the fund." 



On August I, 1837, he writes that the arrears of cases in the 

 Court of Chancery were upwards of 800, recounts other discourage- 

 ments, but adds that he does not despair of having the case of the 

 United States brought to a final and successful close in the course of 

 the ensuing winter or spring. Pie asks for and receives by January, 

 1838, a renewal of his power of attorney from the President to 

 prosecute the Smithson claim. He is not sure whether the exhibi- 

 tion of the new power will be eventually demanded, but if not. he 

 trusts the President will believe that he has erred on the safe side. 



