20 SMITHSONIAN BEQUEST. 



But whether the property which Dickinson thus left, and which is 

 supposed to be the fund which Mr. Brent naturally desired, through 

 the instrumentality of the French attorneys, to secure for the United 

 States in Paris, now constitutes any part of the Smithsonian fund in 

 the English court of chancery and awaiting its decision, or whether 

 the former fund has not all been dissipated, and if so, how much of it 

 got into the 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 mj^ No. 4 in Septem- 

 ber. Under the facts presented by this further explanation it does 

 not clearly seem that the account of the French attorney, M. Castaig- 

 net, or the fee to M. Delagrange can, for the present, be a charge upon 

 the Smithsonian fund in my hands. Perhaps it maybe a question how 

 far the act of Congress of the 1st of July, 1836, creating and appro- 

 priating that fund, will sustain any charge upon it other than for 

 expenses in prosecuting the right of the United States to the Smith- 

 sonian 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 circum- 

 stances, I have come to the conclusion, at all events, not to pa}^ the 

 above account or fee until the issue of the proceedings in chancery on 

 the whole case here is known; unless, after this communication, I 

 should receive your instructions to the contrary. We must hope that 

 the bequest of Mr. Smithson will ultimately be adjudged to the United 

 States; but there is a complication of illegitimacv in the matter, and 

 we dare not with confidence affirm 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. 



Hon. John Forsyth, 



Secretary of State. 



Richard Rw<h 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 S3^stem, before which suits are brought in the 

 first instance; 



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



