SMITHSONIAN BEQUEST. 17 



and wishes of the President for its early decision. Their opinion is 

 subjoined to the statement inclosed. 



It will be seen that they regard a suit as indispensable. 



Next, as to the mode of proceeding. It appears that they think a 

 bill should be filed, in the name of the President, against the testator's' 

 executors, praying that the United States may be declared entitled to 

 the fund, and that, on obtaining a decree to that effect, a petition 

 should be presented for the actual payment of the money. They add 

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

 the proceedings, in case the Crown should have any claim under the 

 will, b}^ reason of " the limitation to the United States, after a limita- 

 tion to illegitimate children," or in case any part of the property 

 should consist of interest in land. The opinion is dated on the 

 2d instant, but I did not receive it until the 8th, as mentioned. 



Although I drew up the case, the usages of the profession here 

 required that it should pass to. the counsel, through the hands of the 

 solicitors, to which I made no objections; the less, as the latter claim, 

 under all common circumstances, to state the case themselves, as well 

 as hold interviews with the counsel, instead of the party holding 

 them. The same usages and subdivisions require that a junior coun- 

 sel of the chancery bar should * * * draw the bill suggested by 

 the senior counsel, to which I have, in like manner, consented; and 

 Mr. Shadwell, a son of the vice-chancellor, has been designated for 

 that duty, under assurances I have had that he will perform it satis- 

 factorily, and with an understanding, moreover, that the bill is to 

 have the revision and sanction of the senior counsel before it is filed. 

 The whole course of proceeding may now therefore be considered as 

 in regular train, and shall be followed up with all the dispatch and 

 care which my superintendence can impart to it. 



Should the intervals between mv letters be longer than might at 

 first seem compatible with my desire and duty to keep you informed 

 of what is going on, I hope it will not be inferred that there are relax- 

 ations in either; since it is very likely to happen, as has been the case 

 since the date of my last letter, that whilst I am doing all in my power 

 to expedite arrangements and results, nothing may transpire to lay a 

 basis for written communications in any degree definite or satisfactory. 

 Legal proceedings, in general, imply these intervals of apparent inac- 

 tion, and a suit in chancery in England is not likely to form the excep- 

 tion. When occasions of writing to you may arise, the duty shall 

 never be omitted. 



This letter would have been written immediately after I received 

 the opinion, but that I wished some explanations, as it was not argu- 

 mentative, a form which counsel here do not give to opinions. It 

 being recommended that the bill should be in the name of the Presi- 

 dent, I deemed it right to mention that there was a possibility in law 

 H. Doc. 732 2 



