22 SMITHSONIAN BEQUEST. 



Our professional advisers thought that the Pl-esident ought to be 

 named, as in the title, with a view to a technical responsibility on the 

 record for costs, although no such question of fact would arise in this 

 case, and because he was otherwise the organ of intercourse and busi- 

 ness between the United States and foreign nations. I told them 

 that his name was not thus introduced in suits in the United States; 

 but they had before them the act of Congress of July 1, 1836, direct- 

 ing that this suit might be brought in the name of the United States, 

 "or otherwise, as may be advisable," and formed their opinion accord- 

 ingly. 



The master of the rolls, not having then seen the act of Congress, 

 intimated his impression to be that the suit should follow in this respect 

 the forms in the United States, adding that he considered this part 

 of the case as nothing but matter of form, and would give leave to 

 amend forthwith, if necessary; so that the point is of no consequence. 



I think I am justified in saying, from all that is known at present, 

 that the case is in a safe train in all respects, with every promise of a 

 successful issue. Reports of what took place in court have appeared 

 in the newspapers here, but are not to be relied upon, as I am enabled 

 to say, my duty having made it proper that I should myself be present 

 in court all the while. 



In my letter of the 22d of November it is intimated that I might, 

 perhaps, at a subsequent stage of the case, have deemed some appeal 

 to this Government advisable in relation to it. The contingency 1 had 

 in view was that of the attorney-general interposing a claim for the 

 Crown, under the law of escheats. In that event I had contemplated 

 drawing up a counter representation on behalf of the United States, 

 founded on the public objects of Mr. Smithson's will, to be brought to 

 the notice of this Government, through the channel of our minister. 

 All necessity for acting lipon this intention is now at an end, by the 

 course which the law officers of the Crown have pursued; and I can 

 discern no other ground for an application to this Government. Nor, 

 I am happ3^ to add, does any such application appear at present to be 

 needed, either for the purpose of justice or expedition. 



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

 servant, 



Richard Rush. 



Hon. John Forsyth, 



Secretary of State. 



Richard Mush to John Forsyth. 



London, Fehriiary 10^ 1837. 

 Sir: After what I communicated in my last letter, it is proper for 

 me to state that the court finally determined, before the minutes of its 



