SMITHSONIAN BEQUEST. 15 



-consult two. I found it pretty generally agreed that Mr. 

 Pemberton was at the head of the chancery bar, and there- 

 fore designated him as one. Mr. Jacob being in the first 

 -class of eminence, next to Mr. Pemberton, and of high 

 reputation for learning in the profession, I took him as the 

 other. Although using all the means I could to get their 

 -opinion, after drawing up the case, it was not until the 8th 

 of this month that I succeeded; which was owing to the 

 .absence of Mr. Pemberton from town nearly the whole of 

 October. I had an interview with them before their opinion 

 was given, and set before them all the lights I was able to 

 afford on the nature of the case, and wishes of the Presi- 

 dent for its early decision. Their opinion is subjoined to 

 the statement enclosed. 



It will be seen that they regard a suit as indispensable. 



Next, as to the mode of proceeding. It appears that 

 they think a bill should be filed, in the name of the Presi- 

 dent, against the testator's executors, praying that the 

 United States may be declared entitled to the fund, and 

 that, on obtaining a decree to that effect, a petition should 

 be presented for the actual payment of the money. They 

 add, that it would be advisable to make the Attorney Gen- 

 eral a party to the proceedings, in case the Crown should 

 have any claim under the will, by reason of " the limitation 

 to the United States, after a limitation to illegitimate 

 children," or in case any part of the property should con- 

 sist of interest in land. The opinion is dated on the 2d 

 instant, but I did not receive it until the 8th,- as mentioned. 



Although I drew up the case, the usages of the profes- 

 sion here required that it should pass to the counsel, 

 through the hands of the solicitors, to which I made no 

 objections; the less, as the latter claim, under all common 

 circumstances, to state the case themselves, as well as hold 

 interviews with the counsel, instead of the party holding 

 them. The same usages and subdivisions require that a 

 junior counsel of the chancery bar should * * 

 draw the bill suggested by the senior counsel, to which I 

 have, in like manner, consented; and Mr. Shadwell, a son 

 of the vice chancellor, has been designated for that duty, 

 under assurances, I have had, that he will perform it satis- 

 factorily, and with an understanding, moreover, that the 

 bill is "to have the revision and sanction of the senior 

 counsel before it is filed. The whole course of proceeding 

 may now therefore be considered as in regular train, and 



