SMITHSONIAN BEQUEST. 37 



in his place in that body, in February last, that the arrears amounted 

 to between 300 and 400 cases two years before, but that they had 

 grown to upwards of 800 at the time he was speaking. The cases, in 

 a large proportion, are also of great magnitude. 



The Attorney-General on the same occasion remarked that whilst 

 throughout a long course of time the population of England had been 

 increasing sixfold and her wealth twentyfold, the judicial establish- 

 ments had remained nearly the same, so as to amount almost to a denial 

 of justice. There are only eleven masters in chancery, whilst there are 

 those who think that double the number would scarcely be sufficient 

 for the wants of the court in all the different departments of its busi- 

 ness at the present epoch. In the midst of such discouragements, and 

 I am bound to state them as truly such, I still do not despair of having 

 the case of the United States brought to a final and successful close in 

 the course of the ensuing winter or spring; it shall be sooner, if pos- 

 sible, as all obstructions that might once have been thought to imply 

 serious difficulty or danger are, I think, overcome. Nevertheless, no 

 assurance can be given that it will be finished as soon as the latest 

 period mentioned. Should it last even through the winter, and my 

 last letter will have informed you that the next term of the court (the 

 present drawing to a close) will not be held until November, there is 

 reason to believe that the fund created by the act of Congress of the 

 1st of July, 1836, will, through the accruing legal charges and drafts, 

 to which the fund is otherwise liable under your instructions, be 

 exhausted. 



In regard to the first legal account, now inclosed, I can only say that 

 I believe it to be reasonable, judged by the standard of similar charges 

 in this country. I felt myself to be an incompetent judge of all the 

 minute items, filling fourteen pages, folio, of an account founded upon 

 the multifarious and artificial proceedings in an English court of chan- 

 cery; but I went over the whole, judging as well as I could of each, 

 and obtained explanations from the solicitors where I found them 

 necessary. I also sought other aid; I resorted to a citizen of the 

 United States now here, intelligent and trustworthy, and conversant 

 with such accounts from having superintended several suits in which 

 American interests were at stake in English courts. His opinion was 

 decidedly favorable to the justice and even general moderation of the 

 items, tried by the precedents of which he had knowledge. These 

 precautions, added to the fair character of the solicitors, and their 

 verification, severally, by my request, of the whole account, in the 

 special manner that will be noticed at the foot of it, afforded the only 

 guaranties I could command for its correctness. 



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



Richard Rush. 



Hon. John Foksyth, 



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