8 Doc. No. 10. 



essential inquiries to which the master's attention was directed by the 

 court's first decree, as reported in my No. 9. Mr. Smithson's will hav- 

 ing provided, among other things, that on the death of his nephew, 

 Henry James Hungerford, " without leaving child or children,-' the whole 

 of his property should go to the United States; and tliis primary fact being. 

 ]iow incontestably established in due and legal form under the authority 

 of tiie court, and all other proof required by the pleadings obtained, jSir. 

 Pemberton asked for a decree declaring the United States entitled to the 

 property. The representative of the attorney general, who was present 

 in court, said that he believed every thing had been estabhslied, as stated,, 

 and tiiat the rules relating to public ciiarities, as applicable to this case, 

 calling for no objection on the part of the Crown, none would be inter- 

 posed — a course that falls in with what was said by the same officer on 

 the occasion of the first decree, as reported in my No. 7. 



Tlie counsel of the defendants, Messieurs Drummond, agreed also to 

 Avhat was stated, and had nothing to allege in opposition to the claim of 

 the United States. 



The coimsel of Madame la Batut were also content ; the course I took,, 

 as made known in my No. 21, having put an end to opposition from that 

 quarter. 



All essential facts being at leiigth fully and formally established, and 

 opposition from all quarters quieted by the measures I have directed, 

 there seemed no reason why a decree hi favor of the United States should 

 not at once be pronounced; but Mr. Pemberton having stated that, in the 

 end, a petition would have to be presented for a transfer of the fund to me, 

 as representing the United States, the master of the rolls said that he 

 would pause upon his final decision until that petition was presented. 



It is thus that the case now stands. It will come on again one day 

 next week, and I have every ground for believhig that my next commu- 

 nication will inform you of a decree having passed declaring the United 

 States entitled to the fund. 



Should the forms of chancery require any authentication of my power 

 to receive the fund that Mr. Stevenson can give, he will be ready, at any 

 moment, to give it, as he has assured me ; and should his important aid 

 l)e otherwise needed in any way before the suit is closed, I sh.all not scruple 

 to call upon him, knowing how zealously h? would afford it. 



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



RICHARD RUSH. 



The Hon. John Forsyth, 



Secretary of State. 



No. 25. 



London, May 12, IS 38. 



Sir: 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 Smithsonian be- 

 quest to the United States. 



Both my powers had been previously lodged with the court — not one 



only, as stated in newspaper reports of the case ; and no question was 



aised as to my full authority to receive the money on behalf of the United 



tates, without calling for any further authentication of my powers. 



The suit is therefore ended without fear of more delays; nothing but a 



