24 SMITUSONIAN BEQUEST. 



our counsel as that aloue wbeu it was necessary, had the 

 latter pressed the point to an argument, is not for me to 

 say. They yielded to his lordship's first impression, and 

 filed it at once, as it caused no delay, and must have been 

 done under their own intentions at a future day, if a favor- 

 able decree be obtained on the main question, now so rea- 

 sonably to be anticipated. 



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

 obedient servant, 



Richard Rush. 



The Hon. John Forsyth, Secretary/ of State. 



Richard Jiush to John Forsyth. 



London, March 25, 1837. 



Sir: In my No. 7 1 had the honor to inform you that the 

 court, after the hearing on the 1st of Februar}', decreed that 

 the case be referred to a master in chancery, to make the 

 requisite inquiries as to the facts, on the happening of which, 

 the United States become entitled to the fund bequeathed 

 by Mr. Smithson. 



The facts specially directed to be inquired into, and which 

 must be judicially and technically settled, are, first, whether 

 Henry James Ilungerford, named in the pleadings, be living 

 or dead; second, if dead, when he died; third, whether he 

 was married or unmarried at the time of his death; fourth, 

 if married, whether he left any and what children and 

 child, and the age or ages of them, if any. It is further to 

 be ascertained whether John Fitall, mentioned in the plead- 

 ings, be living or dead, and, if dead, when he died; and the 

 said master is finally to inquire whether Madame de la Batut 

 has any claim on the testator's estate, and to make report 

 on all the several matters so referred to him. 



These inquiries are now all duly and regularly in pro- 

 gress. Advertisements, of which I annex copies, designed 

 as one means of obtaining information under the ibnr heads 

 first specified, and the last, have been inserted in three of 

 the London newspapers of the present month, viz : the 

 Times, Morning Herald, and Standard. Copies of them, 

 translated into French and Italian, have also been inserted 

 in newspapers at Paris and Port Louis, in France ; the lat- 

 ter being the place where Madame de la Batut resides ; and 



