SMITHSONIAN BEQUEST. 19 



much of it got into tlao hands of Madame la Batut, and has 

 already, principal as well as income, been applied to her use 

 and benefit, are, I understand, points still unsettled. 



I made a first mention of this la Batut claim in my 'No. 

 4, in September. Under the facts presented by this further 

 explanation, it does not clearly seem that the account of the 

 French attornej^, M. Castaignet, or the fee to M. Delagrange 

 can, for the present, be a charge upon the Smithsonian fund 

 in my hands. Perhaps it ma}^ be a question how far the 

 act of Congress of tbe 1st of July, 1836, creating and ap- 

 propriating that fund, will sustain any charge upon it other 

 than for expenses in prosecuting the right of the United 

 States to the Smithsonian bequest before the tribunals here 

 in England, where alone, by what I now communicate, it 

 may turn out that the entire fund bequeathed by Mr. 

 Smithson exists. In weighing all the circumstances, I have 

 come to the conclusion, at all events, not to pay the above 

 account or fee until the issue of the proceedings in chancery 

 on the v^^hole case here is known ; unless, after this com- 

 munication, I should receive your instructions to the con- 

 trary. We must hope that the bequest of Mi^ Smithson 

 will ultimately be adjudged to the United States ; but there 

 is a complication of illegitimacy in the matter, and we dare 

 not with confidence afiirm that the decision will be favorable, 

 prior to its taking place. 



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

 obedient servant, 



Richard Rush. 



The Hon. John Forsyth, Secretary of State. 



Richard Bush to John Forsyth. 



London, February 2, 1837. 



Sir : The Smithsonian case was brought to a first hearing 

 in the court of chancery yesterday, and it is satisfactory to 

 me to be able to say that results, so far, are favorable to the 

 establishment of the claim of the United States. 



The hearing was before Lord Langdale, master of the 

 rolls ; this court and the court of the vice chancellor being 

 the two branches of the English chancery system, before 

 which suits are brought in the first instance. 



The bill was in the name of the President of the United 



