26 SMITHSONIAN BEQUEST. 



(2) 



Whereas, by ii Decree of the High Court of Chancery in England, made in a cer- 

 tain cause wherein the President of the United States of America is plaintiff and 

 Charles Drummond and His Majesty's Attorney-General are defendants, it is amongst 

 other things referred to Nassau William Senior, esq., one of the Masters of the said 

 Court, to inquire and state to the Court whether Madame de la Batut, who lately 

 resided at Port Louis, in the kingdom of France, has any claim on the estate of 

 James Smithson (who died at Genoa, in the kingdom of Naples, in the year 1829), 

 the testator in the pleadings of the said cause named: therefore, the said Madame de 

 la Batut is, on or before the 1st day of May next, to come in before the said Master, 

 at his chambers in Southampton buildings. Chancery lane, London, and make out 

 her claim on the estate of the said testator, James Smithson; or, in default thereof, 

 she will be excluded the benefit of the said decree. 



Ricliard Rusli to John Forsyth. 



London, Aj^ril, 38, 1837. ' 



Sir: In inclosing a duplicate of my last letter (sent with the origi- 

 nal of this), I have to supply an omission in not stating that the 

 advertisements were inserted in the London Gazette, in addition to 

 the other London newspapers mentioned. It is the more necessary I 

 should state this, as when the bills for legal disbursements are all 

 finally rendered it will be seen that the item for advertising in this 

 country forms no inconsiderable one. It was my wish to avoid these 

 advertisements altogether, not simply on account of expense, which 

 would have been a good reason of itself, but for the more important 

 one hinted in my last, viz, their possible tendency to raise up ficti- 

 tious claimants; but my wish could not prevail against the express 

 order of the court of chancer}^ under which they were inserted. 



In regard to the legal expenses, generally, of this agency, I will 

 take this occasion of barely remarking, that whilst I have kept a con- 

 stant watch over them all, endeavoring to confine them within limits 

 as moderate as possible, they are proverbially heavy in English chan- 

 cery proceedings. It seems that something is to be paid for every 

 step taken, every line written, and almost every word spoken by 

 counsel, senior and junior, solicitors, clerks, and everybody connected 

 with the courts, and oflicers attached to them, under the extremely 

 artificial and complicated judiciary systems that exist here. 



Perhaps I ought also to have mentioned in my last that there is no 

 doubt whatever of the fact of John Fitall's death. It only remains for 

 the court to know it through regular evidence, easily attainable, as 

 before remarked, in London, where he died. 



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



Richard Kush. 



Hon. John Forsyth, 



Secretary of State. 



