14 SMITHSONIAN BEQUEST. 



Richard Bush to John Forsyth. 



London, November 22, 1836. 



Sir : After my letter to you of the 24tli of September, 

 desirous as I felt of falling upon some mode by which the 

 United States might get possession of the Smithsonian 

 bequest, without the delays and difficulties apt to attend 

 upon suits in chancery, prosecuted in the ordinary form, I 

 found myself unable to do so. At one time it occurred to 

 me, considering the peculiar nature and national aspect of 

 the case, that "perhaps an indirect appeal to the British 

 Government, through the channel of our minister, might 

 be justified; not, indeed, that an influence was to be 

 brought to bear upon the judicial tribunals in any objec- 

 tionable sense, but simply with a view to obtain some ex- 

 pression or intimation of its favorable dispositions towards 

 the trust I bear from the President, as far as the laws of 

 England might be in unison with it. But obstacles pre- 

 sented themselves to the actual pursuit of such a course, 

 although I knew how ready Mr. Stevenson would have 

 been to second it as far as in his power, that led me to turn 

 from it, at least as an incipient step; without, however, 

 losing sight of it, if it may seem practicable and advisable 

 at any subsequent stage of the proceedings. 



That course no longer looked to, it appeared to me that 

 the first step, on my part, had better be to draw up a state- 

 ment of the case for the opinion of counsel, submitting to 

 them, as one of the questions, whether possession of the 

 fund might not be obtained without a suit. The solicitors, 

 I was aware, had said that it could not; but, on a prelimi- 

 nary point so important, I did not think that it w^ould be 

 proper to rest on them alone, but take the opinion of 

 eminent counsel. On the 1st of October, I accordingly 

 drew up a statement of the case, setting out a copy of the 

 whole will, as obtained for my use from the registry of the 

 prerogative court of Canterbury, adding the facts necessary 

 to show wdiat was believed to be the present right of the 

 United States to the legacy, and my authority to receive it 

 on their behalf. A copy of the statement is enclosed 

 marked A. 



The next step was to select the counsel. Here little 

 deliberation was requisite, it being only necessary to ascer- 

 tain the most eminent. I thought it would be advisable to 



