22 SMITHSONIAN BEQUEST. 



acting upon this intention is now at an end, by the course> 

 which the law officers of the Crown have pursued ; and I 

 can discern no other ground for an application to this Gov- 

 ernment. Nor, I am happy to add, does any such applica- 

 tion appear at present to be needed, either for the purpose 

 of justice or expedition. 



I have the honor to remain, with great respect, your obe- 

 dient servant, 



RICHARD RUSH. 



lion. JOHN FORSYTH, Secretary of State. 



Richard Rush to John Forsyt1. 



LONDON, February 10, 1837. 



SIR: After what I communicated in my last letter, it is 

 proper for me to state that the court finally determined, 

 before the minutes of its proceedings on tiio 1st instant 

 were made up, that the title of the suit, as originally advised 

 by our counsel, was the proper title, viz : " The President 

 of the United States of America versus Drummond." It 

 therefore stands so without alteration. 



It will have been observed from rny last, that the court 

 had not seen the act of Congress in. the proceedings of 

 record up to the 1st instant. The reason it did not then 

 appear on the face of the bill will be found in the nature of 

 the counsel's opinion. I put a copy of the act into their 

 hands, as a necessary accompaniment to my statement of 

 the case drawn up for their consideration. On referring to 

 their opinion, transmitted with my No. 4, it will be seen 

 that they recommend that a bill be lirst filed, praying that 

 the United States might "be declared entitled to the fund, 

 upon trust, for the purposes expressed in the will ;" and, 

 next, that when a decree to that effect was obtained, a peti- 

 tion should be presented, in the name of the President and 

 the agent, praying that the fund be transferred to the latter, 

 as authorized by the President under the act of Congress to 

 receive it. The counsel thought that the proper time for 

 setting forth the act would have arrived when the petition 

 was presented, and not before ; but the court, under its first 

 impression, inclining to think it ought to be added to the 

 bill, gave leave to make the addition forthwith, and it was 

 done accordingly. The case therefore now stands, on all 

 points, as could be desired, without any delay having inter- 



