16 SMITHSONIAN BEQUEST. 



Richard Rush to John Forxyth. 



LONDON, November %%, 1836. 



SIR: After my letter to you of the 24th of September, desirous as I 

 felt of falling upon some mode by which the United States might get 

 possession of the Smithsonian bequest, without the delays and diffi- 

 culties apt to attend upon suits in chancery, prosecuted in the ordinary 

 form, I found myself unable to do so. At one time it occurred to me, 

 considering the peculiar nature and national aspect of the case, that 

 perhaps an indirect appeal to the British Government, through the 

 channel of our minister, might be justified; not, indeed, that an influ- 

 ence was to be brought to bear upon the judicial tribunals in any 

 objectionable sense, but simply with, a view to obtain some expression 

 or intimation of its favorable dispositions towards the trust I bear from 

 the President, as far as the laws of England might be in unison with 

 it. But obstacles presented themselves to the actual pursuit of such a 

 course, although I knew how ready Mr. Stevenson would have been to 

 second it as far as in his power, that led me to turn from it, at least as 

 an" incipient step; without, however, losing sight of it, if it may seem 

 practicable and advisable at any subsequent stage of the proceedings. 



That course no longer looked to, it appeared to me that the first step, 

 on my part, had better be to draw up a statement of the case for the 

 opinion of counsel, submitting to them, as one of the questions, 

 whether possession of the fund might not be obtained without a suit. 

 The solicitors, I was aware, had said that it could not; but, on a pre- 

 liminary point so important, I did not think that it would be proper to 

 rest on them alone, but take the opinion of eminent counsel. On the 

 1st of October, I accordingly drew up a statement of the case, setting 

 out a copy of the whole will, as obtained for my use from the-registry 

 of the prerogative court of Canterbury, adding the facts necessary to 

 show what was believed to be the present right of the United States to 

 the legacy, and my authority to receive it on their behalf. A copy of 

 the statement is inclosed marked "A." 



The next step was to select the counsel. Here little deliberation was 

 requisite, it being only necessary to ascertain the most eminent. I 

 thought it would be advisable to consult two. I found it pretty gen- 

 erally agreed that Mr. Pemberton was at the head of the chancery bar, 

 and therefore designated him as one. Mr. Jacob being in the first class 

 of eminence, next to Mr. Pemberton, and of high reputation for learn- 

 ing in the profession, I took him as the other. Although using all the 

 means I could to get their opinion, after drawing up the case, it was 

 not until the 8th of this month that I succeeded; which was owing to 

 the absence of Mr. Pemberton from town nearly the whole of October. 

 I had an interview with them before their opinion was given, and set 

 before them all the lights I was able to afford on the nature of the case, 



