20 SMITHSONIAN BEQUEST. 



States of America against Druinmond, as recommended by 

 counsel, in their opinion transmitted with my letter No. 4, 

 of the 22d of November. The case was fully opened, on 

 behalf of the United States, by Mr. Pemberton. 



The Attorney General was not personally present in court; 

 but Mr. Wray, a member of the bar, and King's counsel, 

 acted as his representative on the occasion. I am glad to state 

 that he abandoned, in effect, all opposition on the part of the 

 Crown. No question, therefore, will be raised as to whether 

 a bequest can be sustained after a limitation to illegitimate 

 children ; or any other obstacle interposed under the doc- 

 trine of escheats, or any other, by the legal representatives 

 of the Crown. These officers, I am given to understand, 

 have had the whole case under consideration, and will do 

 nothing more than exercise that general superintendence 

 which the Crown, through its law officers, is bound to exer- 

 cise where questions may arise connected with public char- 

 ities ; the rules respecting which are considered applicable 

 to this case. 



The coiy't, after the hearing, decreed that the case be re- 

 ferred to one of the masters in chancery, the proper officer 

 for the duty, to make the requisite inquiries as to the facts 

 on the happening of which the United States become en- 

 titled to the fund bequeathed by Mr. Smithson. The claim 

 of Madame la Batut having been brought before the court 

 by counsel representing it, his lordship also decreed that 

 the validity of that claim be inquired into, with a view to 

 ascertain if it be a proper charge upon the fund. 



The inquiries will be proceeded with in the usual and 

 regular manner, and with all the expedition that my super- 

 intendence can impart to them. When brought to a close, 

 the cause will come on for the further order and decree of 

 the court. 



Having heretofore mentioned, and in my last letter ex- 

 plained more particularly, the claim of Madame la Batut, I 

 need say no more about it at present. It extends only to 

 an annuity of about one hundred pounds, payable during 

 her life ; so that, even if sustained, it will form, in the end, 

 no material deduction from the fund. But I have of course 

 directed that it be properly scrutinized, in order that noth- 

 ing be taken from the United States to which they are 

 jightfuUy entitled. 



Counsel also appeared for Messrs, Drummond, and made 

 a little show of opposition ; but as their clients are, in fact. 



