Boc. ISO. 10. 65 



Department of State, 



IVashinglon, September 24, iS3S. 

 Sir : I am directed to transmit to you, for settlement, the enclosed ac- 

 count of Mr. Richard Rush, and a letter from him (No. 36) accompanying 

 It. The balance which may be found due to Mr. Rush he wishes to have 

 remitted to him. The compensation and allowance for expenses are to 

 be up to the period charged in the account, (the 20th instant.) 



It is presumed that the amount repaid to Mr. Rush by the solicitors hi 

 London, mentioned in his letter, (£116 2s. 2d. sterling,) which was paid 

 mto the Treasury, together with the avails of the Smithsonian legacy, will 

 be brought to the credit of the appropriation from which it was originally 

 taken, and thus form a fund from which the balance due to Mr. Rush can 

 be paid. The papers explanatory of this circumstance have been trans- 

 mitted, together with the account of the legacy, to the Treasury Depart- 

 ment. 



I am, sir, your obedient servant, 



EDWARD STUBBS, .%€??7, 

 Stephen Pleasonton, Esq., 



Fifth, .duditor. 



Treasury Department, 



December 3, 1S3S. 



Sir : 1 have the honor to report to you that, under the act of Congress 

 approved 1st July, 1S36, in relation to the legacy bequeathed to the United 

 States by James Smithson, the sum of -^508,3 18 46 has been received, 

 and paid into the Treasury of the United States. 



In compliance with the provisions of the sixth section of the act of Con- 

 gress for the support of the Military Academy of the United States, and 

 for other purposes, approved 7th July, 1838, the sum of S499,500 has 

 been expended in the purchase of five hundred bonds of the State of Ar- 

 kansas, for one thousand dollars each, bearing six per cent, interest, paya- 

 ble semi-annually, on the first days of January and July in each year, 

 from the fourth day of September last, (the period of their purchase.) 

 The further sum of ^8,270 67 has been applied to the purchase of eight, 

 bonds of the State of Michigan, bearing six per cent, interest, payable 

 semi-annually hereafter, on the first Mondays in January and July, from 

 the 1st of May last. The interest on all these bonds is payable at the 

 city of New York. 



There is still left in the Treasury the sum of vS547 79 which has not 

 yet been invested, but will be as soon as a favorable opportunity offers. 



The amount received in London by the agent of the United States, un- 

 der the decree of the court of chancery, of England, was the gross sum 

 of £106,490 lis. 9d., mcluding the sum'of £1 16 2*. 2d. for costs refunded. 

 This was reduced, by the payment of commissions, insurances, &c., to the ' 

 sum of £104,960 Ss'. 9d., which was brought into the United States in 

 gold, and produced at the Mint the sum of ^508,318 46, before mentioned. 



This Department, having doubts as to what constituted the amount of 

 the Smithsonian fund, consulted the Attorney General, and he has given 

 his opinion (hereto annexed, A) that the proper construction to be given 



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