48 SMITHSONIAN BEQUEST. 



not, I trust the President will think it has been erring on' 

 the safe side, after what passed, to have it in my possession. 



After my letter of the 16th of December, I had fully 

 hoped that the evidence of which it makes mention would 

 have been obtained from France before this time ; but it 

 seems that the French attorneys, who were written to upon 

 the subject by our solicitors, mistook some of their instruc- 

 tions at first, which led to delay. They are now in expec- 

 tation of receiving it daily. 



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

 dient servant, 



RICHARD RUSH. 



The Hon. JOHN FORSYTH, Secretary of State. 



Richard Rush to Clarke, Fynmore Fladgate. 



February 3, 1838. 



GENTLEMEN : I understood, when with you on Wednes- 

 day, that the evidence obtained from France would not, in 

 your opinion, be found sufficient to prevent the master^ 

 report embracing an allowance in Madame de la Batut'a 

 favor of about one hundred and fifty pounds a year during 

 her life, with some arrearages calculated on that basis; and 

 the evidence, as you exhibited and otherwise made it known 

 to me, certainly led my mind to the same conclusion. 



You added that, by sending out a commission from the 

 court of chancery to Paris, (a process not yet resorted to,) 

 you thought that evidence might still be obtained to defeat 

 her claim ; on which subject I should be glad to receive an- 

 swers to the following inquiries, as far as in your power to 

 give them to me : 



1st. What would be the probable expense of that process? 



2d. How long before its full execution and return might 

 be expected ? 



3d. Assuming that the evidence, when so obtained, struck 

 your minds, our counsel's, and my own, as sufficient to de- 

 feat the claim ; yet as it might not happen that the legal 

 advisers of Madame de la Batut would take the same view 

 of it, and thence contest its validity before the court, what 

 further delays might such a turn in the case be likely, under 

 all the circumstances, to lead to ? 



As I have so repeatedly made known to you my desire- 



