14 . SMITHSONIAN BEQUEST. 



1st of July last, an act authorizing the President to appoint an agent 

 to assert and prosecute their right to the bequest, in such form, and 

 before such tribunal or tribunals in England, as might be proper; and 

 to receive and grant full acquittances for all such moneys or other 

 funds as might be adjudged to them on account of it. 



In pursuance of the authority given by this act, the President has 

 appointed a citizen of the United States, in the person of the under- 

 signed, to perform on their behalf the duty which it enjoins; and he is 

 here, their representative and attorney in the matter set forth. 



His full power from the President, and a copy, under seal of the 

 Department of State, of the law on which it is founded, are ready to 

 be filed in the court of chancery, or otherwise made known to the 

 lord chancellor, at whatever time and in whatever manner ma}^ be 

 thought proper. 



The United States having acceded to the bequest, the first duty of 

 the undersigned is to obtain, for his high constituent, possession of 

 the fund without any delay that can be avoided. 



His questions for the opinion of counsel in England are: 



First. Can possession of it be obtained without a suit? 



Second. If not, what is the form of suit or other legal proceeding 

 which, by the laws of England, will give promise of putting the 

 United States in possession of the fund in the most effectual and 

 prompt manner? 



KicHARD Rush. 



London, October i, 1836. 



OPINION OF COUNSEL. 



First. We are of opinion that the possession of the fund can not be 

 obtained without a suit. 



■ Second. We think that the best course will be that a bill in the 

 nature of a supplemental bill should be filed in the name of the Presi- 

 dent of the United States of America, against the executors of Mr. 

 Smithson, praying that the United States may be entitled to the fund 

 upon trust for the purposes expressed in the will; and that upon 

 obtaining a decree to that effect a petition should be presented, in the 

 name of the President and Mr. Rush, praying that the fund may be 

 transferred to the latter, as the agent of the United States, appointed 

 under the act of Congress. 



As we understand that the- testator, Smithson, was illegitimate, we 

 think that it will be advisable to make the Attorney-General a party 

 to the suit in order that he may represent before the court any claim 

 which the Crown may have, either by reason of the question of the 



