NO. 1821 RICHARD RUSH ADLER 24I 



On February 9, 1838, he writes to the soHcitors that he is wihing 

 to take the responsibiHty of having the master's report made without 

 further evidence in the premises, and also that he will make certain 

 concessions in order to avoid the possibility of an appeal to the 

 House of Lords, which would consume a great deal of time. 



On March 28, 1838, he states that the report of the master has 

 been made and confirmed. He expects a decree after the Easter 

 term, and under date of May 12, 1838, he writes to the Secretary 

 of State: "I have great satisfaction in announcing to you, for the 

 President's information, that the case came on to be heard again on 

 the 9th instant, when a decree was solemnly pronounced adjudging 

 the Smithson bequest to the United States." He adds that the suit 

 is ended, and that only a few formalities remain to put him in actual 

 possession of the fund. The fund is principally in 3 per cent annui- 

 ties. Having no special instructions as to what he is to do, it is his 

 present intention to sell the whole at the best time and for the best 

 prices to be commanded, and to bring it over in gold for delivery 

 to the Treasurer of the United States, in fulfiUment of the trust with 

 which he is charged. 



He points out in this rather long report that, although the best 

 part of two years has been spent in the suit, he yet regards the 

 matter with satisfaction, and that within a fortnight a member had 

 stated in the House of Commons that "a chancery suit was a thing 

 that might begin with a man's life and its termination be his epitaph." 

 He congratulates the President and the Secretary of State on the 

 result, and adds : "A suit of higher interest and dignity has rarely, 

 perhaps, been before the tribunals of a nation. H the trust created 

 by the testator's will be successfully carried into effect by the en- 

 lightened 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 operating not 

 the less effectually." 



His difficulties were not quite at an end. On May 31, 1838, he 

 writes very urgently to the solicitors for the necessary document 

 from the proper officer of the court, by which the Smithson fund 

 adjudged to the United States may be placed at his disposal. But 

 six days later, on June 5, he writes triumphantly to the Secretary 

 of State that the formalities had been finally completed and the fund 

 placed in his hand. He gives an exact statement of the stocks, and 

 says that the important operation of selling them now remains to be 

 conducted. He will take the best advice for so managing the sales 

 as to promote the best interests of the United States. He still thinks 

 that the best mode of bringing home the money will be in gold. 



