l)oc. No. 10. 3 



with an intimation that the case might, in the end, be taken before the 

 House of Lords on appeal ; in which event the delay, they add, would be 

 " very great." 



I have determined, under these circumstances, not to seek further evi- 

 dence by a commission to France or otherwise for defeating the claim, 

 and accordingly wrote to them, on the 9th instant, to proceed with all ex- 

 pedition in bringing the suit to a close without it. A copy of this note is 

 also enclosed. As to bringing interrogatories into the master's office for 

 the personal examination of Madame de la Eatut and her husband, as 

 adverted to in the answer from the solicitors, I say nothing of the objec- 

 tions to that mode of getting at more evidence, the solicitors themselves 

 forestalling me by an admission that they could not be certain of its 

 success. 



I hope that the determination to which I have come muU be approved 

 as judicious. This claim has been already, by full scrutiny and resistance, 

 greatly cut down from its original injustice and extravagance, as a refer- 

 ence to my No. 12, of the 24th of last June, will show. That it might 

 be wholly defeated by going on to pursue measures within our power, I 

 incline to believe. The solicitors tell me that they think so decidedly, and 

 their letter is to the same eflect. But it is now necessary to balance the 

 advantage to be gained by doing so against the time and money it would 

 cost. The report in favor of the claimant, as the master has determined 

 to make it in the state of the evidence as now before him, will not, by the 

 information I have received and heretofore communicated, be likely to ex- 

 ceed one hundred and fifty pounds a year, payable during her life; to which 

 will have to be added a fev/ years of arrears, calculated on the basis of 

 whatever may be the precise amount of the annuity allowed. The claim- 

 ant, as fai- as I can learn, is about sixty years old. Hence, supposing 

 that measures necessary for the total defeat of her claim occupied only 

 another twelvemonth, it seems probable that the very cost of the agency 

 for o-oins: on with them, added to all unforeseen legal fees and expenses, 

 might p^rove more than the annuity is worth. That the suit would be 

 lengthened out another twelvemonth by going into the measures in ques- 

 tion, can scarcely, I think, be deemed a strained inference, from all that the 

 solicitors say in their letter, not to dwell upon contingencies coming within 

 its scope that might make the time longer. Should the suit reach the 

 House of Lords, for example, by appeal, it v.^ould not be easy to assign 

 a limit to its duration. 



I trust, therefore, it will be thought that I exercise a proper discretion, 

 as representing the interests of the United Slates, in determining not to 

 expose myself to any of these hazards, and new ones that might even 

 chance to spring out of them as time was opened for their operation. It 

 seems to me, conclusively, that I should henceforth rather strive to obtain 

 a decision of their suit as speedily as possible, regardless of the small and 

 temporary diminution of the fund, should it be finally adjudged in their 

 favor, wliich the foregoing payments to Madame de la Batut would occa- 

 sion. Opposhion has been effectively made to the claim up to the point, 

 it is believed, that duty enjoined and prudence would sanction ; to go 

 farther seems not reconcilable with the latter, under the certain an4 con- 

 tingent delays and dangers I set forth. 



The occasion may be a fit one for remarking, that when this claim first 

 assumed a vexatious aspect last summer, my immediate wish and sug- 

 gestions were to get a decree in favor of the United States for the general 



