SMITHSONIAN BEQUEST. 31 



J''ij)uix>r<' cfc Fladgate to Richard Rush. 



No. 43 CRAVEN STREET, June 22, 1837. 



SIR: Mr. Drummond has written to us to inform you that M. de la 

 Batut has submitted to him a memorial which, on the part of Madame 

 de la Batut, he proposes to address to the President of the United 

 States. Not having been acquainted personally with Mr. Smithson, 

 Mr. Drummond can not vouch for any of the facts stated in the 

 memorial, but, as Mr. Smithson's executor, he feels disposed to 

 recommend to the consideration of the United States any application 

 coming from the mother of the deceased Hungerford, who, so far as 

 he has the means of knowing, is left by her son's death in reduced cir- 

 cumstances. Nevertheless, we must here add that the attention paid 

 to such application must of course depend upon the conduct of the 

 parties making it. 



We are, etc., CLARKE, FYNMORE & FLADGATE. 



RICHARD RUSH, Esq. 



Richard Rush to John fortsyth. 



LONDON, June %4, 1837. 



SIR: I inclose copies of .two letters received from our solicitors, 

 dated the 9th and 22d instant, relating to the conduct of Monsieur la 

 Batut in reference to the supposed claim of his wife upon the Smith- 

 sonian fund. 



My No. 6, of January 9, will have made known who the wife is. 

 Nothing is more clear than that she has no claim under the will of Mr. 

 Smithson. Her claim, if any, can only be made out, as mentioned in 

 my No. 6, under the will of Henry Louis Dickinson, and for its estab- 

 lishment the court of chancery has pointed out the proper means, and 

 Monsieur la Batut has full liberty to adopt them, that justice may be 

 done. I said in my No. 7 that the claim extended only to about 100 

 a year; but, on better information, I find that it would amount, if 

 sustained, to 240 a year during the life of Madame la Batut. 



But Monsieur de la Batut is little satisfied with putting forward this 

 claim, which, it may be, the court will allow if he can bring forward 

 proof to substantiate it. He makes a sweeping moral claim, as he 

 calls it, upon the United States, should the Smithsonian fund be 

 adjudged to them. The letter from the solicitors, of the 9th instant, 

 gives, in part, the ground of this moral claim. He thinks that, as the 

 Smithsonian fund is to be applied to found an institution at Washing- 

 ton for the increase and diffusion of knowledge among men, his chil- 

 dren in France have a claim to be educated out of it; and he even 

 considers that his wife has a claim to the * * * income of the 

 fund since Mr. Smithson's death. This, at a rough estimate, might be 

 perhaps set down at upward of 20,000. 



