18 SMITHSONIAN BEQUEST. 



of a temporary vacuum occurring in the Executive power under our 

 Constitution, in order that they might judge how far that considera- 

 tion would affect the name or style to be used in bringing the suit. 

 As they further advise that the Attorney-General be made a party, I 

 wished to ascertain, as far as I might, what weight they attached to 

 the point that seemed the main inducement to that course, as well as 

 the reason for suggesting it in advance. I doubted not their good 

 reason for such a course, but thought it desirable to learn it from 

 themselves, that I might impart it from that source for the President's 

 information. 



They have informed me that the legal possibility to which I drew 

 their attention under our Constitution does not alter their opinion as 

 to the name proper to be used in bringing the suit, and they do not 

 think it would answer to bring it in the name of the United States 

 alone, whatever the provisions of our Constitution under this head. 

 I, of course, put before them the act of Congress of the 1st of July, 

 1836, which authorizes the suit. As to the point of law, whether a 

 bequest can be sustained after a limitation to illegitimate children, 

 they replied that they do not at present attach any decisive, perhaps 

 any great weight to it, but think it one that may be made; and as to 

 its suggestion in advance, they suppose that the United States would 

 not desire to take the bequest through any oversight in the court or 

 Attorney-General, admitting either to be possible in a case of this pub- 

 licity, but only if the laws of England would warrant in all respects 

 an adjudication in their favor a sentiment in which I naturally and 

 fully concurred. 



I was not able to command an interview with the counsel for the sake 

 of these explanations until yesterday, owing to their constant engage- 

 ments, although I sought it repeatedly since the 8th of the month, by 

 personal calls as well as notes desiring to have a time fixed. 



If there have been these delays that 1 have been unable to prevent, I 

 am glad to add that no time has been lost in reference to the Novem- 

 ber term of the court, the first that has been held since I came here. 



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

 servant, 



RICHARD RUSH. 



Hon. JOHN FORSYTH, 



Secretary of State. 



Richard Rush to John Forxyth. 



LONDON, December W, 1836. 



SIR: I was yesterday honored with your letter of the 17th of No- 

 vember, inclosing the account forwarded to the Department by the 



