SMITHSONIAN BEQUEST. 35 



of his death." They replied that this was nevertheless cor- 

 rect ; he did receive all that had accrued up to that time ; but 

 there was a dividend in progress which, as it had not actu- 

 ally 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 Chancellor may ex- 

 pound 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, 



ElCHARD EUSH. 



The Hon. JOHN FORSYTH, Secretary of State. 



Eichard Rush to Clarke, Fynmore $ 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. 



Eemaining your obedient servant, 



EICHARD EUSH. 



To Messrs. CLARKE, FYNMORE & FLADGATE. 



