SMITHSONIAN BEQUEST. 21 



America against Drummond, as recommended by counsel, in their 

 opinion transmitted with ni}^ letter No. -i, 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 represent- 

 ative 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 anj 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 exercise where questions may arise connected with public 

 charities, the rules respecting which are considered applicable to this 

 case. 



The court, after the hearing, decreed that the case be referred 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 becomes entitled 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 man- 

 ner, and with all the expedition that my superintendence 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 explained 

 more particidarly, the claim of Madame la Batut, I need say no more 

 about it at present. It extends only to an annuity of about £100, pay- 

 able 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 properl}^ scrutinized, in order that nothing be taken 

 from the United States to which they are rightfully entitled. 



Counsel also appeared for Messrs, Drummond, and made a little 

 show of opposition; but as their clients are, in fact, nothing more than 

 stakeholders, they will offer, in the further progress of the case, as I 

 have reason to believe, no serious opposition. They said on this occa- 

 sion that the bill, in giving title to the suit, ought to have named Gen- 

 eral Jackson as President; on which Mr. Pemberton remarked that 

 in that case it must have been amended on the Irth of March, by sub- 

 stituting the name of Mr. Van Buren. On the other hand, the King's 

 representative, Mr. Wray, expressed his concurrence with Mr. Pem- 

 berton, that the title of the suit was good as it stood. 



