2 Doc. No. 10. 



No. 20. 



IjtGi^'Doi^i, January 30, 18.38. 



Sir : I had yesterday the honor to receive your letter of the 27th of 

 December, enclosing the President's renewal ot'my power to prosecute the 

 Smithsonian claim, and receive the money for the United States when- 

 ever the same may be adjudged. It remains micertain, as intimated in 

 my commmiication of the 27th of October, vx^hether the exhibition of the 

 new power v.' ill be eventually demanded ; but even if not, I trust the 

 President will think it has been erring on the safe side, after what passed, 

 to have it in my possession. 



After my letter of the IGth of December, I had fully iioped that the 

 evidence of which it makes mention would have been obtained from 

 France before this time ; but it seems that the French attornevs, who 

 were written to upon the subject by our solicitors, mistook some of their 

 instructions at first, which led to delay. They are now in expectation T 

 receiving it daily. 



I have the honor to remain, with great respect, your obedient servant, 



RICHARD RUSH. 



The Hon, John Forsyth, 



Secretary of State. 



No. 21. 



London, February 12, 1838. 



SiK : Tlie day after my last number was sent off, I received information 

 from the solicitors that some of the evidence expected from France had 

 arrived, but that it was not of validity to repe! the claim of Madame de la 

 Batut. From as much, however, as it disclosed, they pronounced a strong 

 opinion that if a formal conmiission issued from the court, evidence might 

 finally lie had that would defeat it. 



On fullv weighing what they said, I wrote them, a note on the 3d 

 instant, rccpiesting answers to the following inquiries: 



1. What would be the probable expense of a commission? 



2. liow much time would be required for its execution and return ? 



3. Supposing tlie evidence obtained under it to be sufficient in their 

 opinion, our counsel's, and my own, to defeat the claim ; yet, as the legal 

 advisers of Madame de la Batut might not take the same view of it, and 

 thence contest it, what further delays might such a turn in the case become 

 the means of producing ? (I enclose a copy of my note.) 



I received an answer from them dated the Sth, a copy of which is also 

 enclosed. / 



Referring specifically to my inquiries, it will be seen — 



1. That they estimate the expense of a commission at one hundred and 

 fifty pounds. 



2. That they tliink it might be executed and returned within three 

 months. 



3. That, assuming the requisite evidence to be obtained, they incline to 

 think the suit might be wound up before the rising of the court for the 

 lono- vacation, (which means in August next;) but after the introductory 

 observations of their note, which advert to the uncertainty of all previous 

 calculations as to the duration of suits in chancery, they leave me to judge 

 how far this opinion of theirs is to be relied upon ; and they conclude 



