SMITHSONIAN BEQUFST. 29 



to Mr. Brent, besides bringing into view the former reasons, mentions 

 a new one. 



Under one of the advertisements transmitted with my No. 9, viz, 

 the one returnable on the 1st of this month, the husband of Madame 

 la Batut has come over here from France to make out the claim of 

 his wife upon the estate of Mr. Smithson. He has written me notes 

 and called upon me, though as yet I have not seen him. I deem it 

 unnecessary to transmit to you his representations, as I do not act 

 upon them in any wa}^ abstaining as well through my own judgment 

 as that of our professional advisers. To the latter I say, if Monsieur 

 la Batut has a just claim on the part of his wife it ought to be allowed, 

 if not, no authority but that of Congress could award him anj^thing 

 out of the Smithsonian bequest, should it be finall}^ adjudged to the 

 United States. To this they assent, with the further concurrence 

 between us that the court must decide upon the claim, for establish- 

 ing which, if it can be established, he will now have every opportu- 

 nity before a master in chancery, the officer regularly appointed by 

 the court for that purpose. The solicitors advise me that he is a 

 troublesome person, and seems to have unreasonable expectations, 

 which, however, will be carefuU}" scrutinized and properl}" controlled. 



I have the honor to remain, with great respect, j^our obedient 

 servant, 



Richard Rush. 



Hon. John Forsyth, 



Secretary of State. 



Clarke., Fynmore c6 Fladgate., to Richard Rush. 



No. 43 Craven Street, June 9, 1837. 

 Sir: We think it right to inform you that we have lately had 

 several interviews with M. de la Batut, who married the mother of 

 the deceased Henry James Hungerford, and who we thought might 

 be induced to furnish us with every proof we wanted touching the 

 deceased. His object was to press upon our consideration the moral 

 claims which he supposes his wife and her and his children have upon 

 the .United States, in consequence of their succeeding to the fortune, 

 to the income of which Hungerford was entitled for his life. We 

 allude to these moral claims to distinguish them from the rights 

 which Madame de la Batut may have under the will of Colonel Dick- 

 inson, Hungerford's father, which are the subject of inquiry before 

 the master. To show, in part, the nature of these moral claims, we 

 may mention that as the fund is left to the United States to found an 

 institution for promoting knowledge he considers, notwithstanding 

 that the institution is to be founded in America, that his and Madame 

 de la Batut's children in France should have an allowance until the age 

 of 22 for their education, and he considers that the income derived 



