SMITHSONIAN BEQUEST. 33 



asked how this would stand with the case I drew up for the opinion of 

 counsel, as transmitted with my No. 4, in which, among other things, I 

 stated under the sanction of the solicitors that "Mr. Hungerford 

 received the income arising from the testator's property up to the 

 time of his death." They replied that this was nevertheless correct; 

 he did receive all that had accrued up to that time, but there was a 

 dividend in progress which, as it had not actually arisen and could not 

 have been claimed by Hungerford in his lifetime, his representative 

 has no claim to it after his death. Such was their explanation. 



It is not for me to say how far this lends any equity to any fraction 

 of Monsieur la Batut's claims or requisitions. It is a familiar maxim, 

 that those who ask equity should do equity. The United States will 

 succeed to all that the law of England gives them, as the lord chan- 

 cellor may expound and apply that law to their special predicament 

 under the will, having due reference, no doubt, to the rights of all 

 other parties before the court; and whatever may be the amount 

 adjudged in their favor, my uniform declaration is that Congress alone 

 would have the power to reduce it. I add, as explicitly, that to no one 

 can I give the remotest encouragement or hope that it would be reduced, 

 and least of all to one so unreasonable, so exacting, and apparently 

 so bent upon thwarting the rights of the United States as Monsieur de 

 la Batut. 



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



RICHARD RUSH. 



Hon. JOHN FORSYTH, 



Secretary of State. 



Richard Rush to Clarke, Fyninore <& Fladgate. 



PORTLAND HOTEL, GREAT PORTLAND STREET, 



July 21, 1837. 



GENTLEMEN: Having at all times made known my wishes for a 

 speedy decision of the case you have in hand for the United States, I 

 need not here repeat them, but as the time approaches when the court 

 of chancery will adjourn over to November, I must ask you to inform 

 me what seem the prospects. 



Remaining your obedient servant, RICHARD RUSH. 



Messrs. CLARKE, FYNMORE & FLADGATE. 



Clarke, Fynmore <& Fladgate to Richard Rush. 



43 -CRAVEN STREET, STRAND, 



July 22, 1837. 



DEAR SIR: In answer to your letter of yesterday, on the subject of 

 Mr. Smithson's bequest to the United States, we beg leave to inform 

 H. Doc. 732 3 



