52 SMITHSONIAN BEQUEST. 



opposition from all quarters quieted by the measures I have directed, 

 there seemed no reason why a decree in favor of the United States 

 should not at once be pronounced; but Mr. Pemberton having stated 

 that, in the end, a petition would have to be presented for a transfer of 

 the fund to me, as representing the United States, the master of the 

 rolls said that he would pause upon his final decision until that petition 

 was presented. 



It is thus that the case now stands. It will come on again one day 

 next week, and I have every ground for believing that my next com- 

 munication will inform you of a decree having passed declaring the 

 United States entitled to the fund. 



Should the forms of chancery require any authentication of my 

 power to receive the fund that Mr. Stevenson can give, he will be 

 ready at any moment to give it, as he has assured me; and should his 

 important aid be otherwise needed in any way before the suit is closed, 

 I shall not scruple to call upon him, knowing how zealously he would 

 afford it. 



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



RICHARD RUSH. 



Hon. JOHN FORSYTH, 



Secretary of State. 



Richard Rush to John Forsyth. 



LONDON, May 12, 1838. 



SIR: I have great satisfaction in announcing to you, for the Presi- 

 dent's information, that the case came on to be heard again on the 

 9th instant, when a decree was solemnly pronounced adjudging the 

 Smithsonian bequest to the United States. 



Both my powers had been previously lodged with the court, not 

 one only, as stated in newspaper reports of the case, and no question 

 was raised as to my full authority to receive the money on behalf of 

 the United States, without calling for any further authentication of 

 my powers. 



The suit is therefore ended without fear of more delays, nothing 

 but a few forms remaining to put me in actual possession of the fund. 

 These, I have the hope, may be completed within the present month. 



The fund is invested in the stocks of this country, of which I shall 

 in due time have an exact account. The largest portion is in the 

 3 per cent annuities. The entire aggregate amounts to fully .100,000, 

 and this, according to my present information, exclusive of about 

 5,000 to he reserved by the court to meet the annual charge in favor 

 of Madame la Batut during her life, the sum producing it to revert to 

 the United States when she dies. 



As soon as the decree is formally made up, the accountant general of 

 the court will transfer all the stock to me, under its sanction, except 

 the small sum to be reserved as above. 



