SMITHSONIAN BEQUEST. 113 



account of Mary Ann de la Batut, the annuitant, to meet the payments of the life 

 income. By the law of France, the life income is apportionable and payable up to 

 the time of death, and Lieutenant-Colonel Dickinson having been domiciled in 

 France at the time of his death, that law will apply to this case. 



' ' Will you be good enough, under these circumstances, to obtain the consent of 

 your client in presenting a petition as to the 5,015 and the arrears of dividends due 

 thereon, to ask for the payment to my client of the apportioned sum out of such 

 arrears, without obliging him to go to the expense of proving the law of France upon 

 this subject? I will hand you the necessary proof of death, the expense of which 

 can be included in the necessary costs of the application." 



We should recommend that the request contained in this letter be complied with. 

 We have the honor to be, sir, your most obedient servants, 



FLADGATE, CLARKE & FINCH. 



The SMITHSONIAN INSTITUTION, 



Washington, United States. 



40 CRAVEN STREET, STRAND, 



London, W. C., October 26, 1861. 



SIR: Your letter of the 14th August reached us in the long vacation which has just 

 terminated, and we hasten to reply to it. 



All that will be requisite to be done in the first instance is that we should have 

 the authority of the President of the United States to present a petition for an order 

 to have the fund paid to him. On our obtaining this order, a power of attorney 

 will be sent out to the President authorizing some person here to receive from the 

 court of chancery, and transmit to him, or to the managers of the Smithsonian Insti- 

 tution, the fund in question. 



Having in the suit had the honor of acting for the President, it might be within 

 our functions to present the petition even without an express authority, but we did 

 not deem it right to do so without some communication with the President or with 

 the managers of the Institution. 



Of course, although the order might be obtained without, the fund can only be 

 dealt with on the signature of the President, 



We have the honor to be, sir, your very obedient servants, 



FLADGATE, CLARKE & FINCH. 

 JOSEPH HENRY, Esq., 



SmitJisonian Institution, Washington. 



On motion of Mr. Trumbull, it was 



Resolved, That the Secretary and executive committee consult with 

 the President of the United States and take such action as may be 

 necessary for obtaining the money referred to in the communication 

 from the solicitors in London. 



From Report of tJie Secretary for the year 1862. 



A power of attorney has been forwarded from the President of the 

 United States to Messrs. Fladgate, Clarke & Finch, of London, author- 

 izing them to collect the remainder of the Smithsonian fund, which 

 was left by the Hon. Mr. Rush as the principal of an annuity to the 

 H. Doc. 732 8 



