SMITHSONIAN BEQUEST. 49 



for the speediest decision of the case that may be practica- 

 ble consistently with justice to the United States, I make no 

 apology for asking a reply to these inquiries at as early a 

 day as may be convenient. 



I remain your obedient servant, 



RICHARD RUSH. 

 To Messrs. CLARKE, FYNMORE & FLADGATE. 



Clarke, Fynmore Fladgate to Richard Rush. 



43 CRAVEN-STREET, STRAND, 



February 8, 1838. 



DEAR SIR : We have to acknowledge the receipt of your 

 favor of the 3d instant, containing certain queries touching 

 the measures which may be adopted in respect of the claim 

 of Madame de la Batut. 



In reply, we beg to state that, so long as proceedings in 

 the English court of chancery are conducted as amicable 

 suits, when both parties unite in a wish to obtain the direc- 

 tion of the court, without unnecessary delay, it is a matter 

 of no great difficulty to calculate their probable duration; 

 but circumstances sometimes arise, even in such suits, that 

 prove the calculations fallacious. When once, however, a 

 suit ceases to be so conducted, and parties come in whose in- 

 terest it is to throw impediments in the way of a decision, 

 any calculation as to either delay or expense must be a mat- 

 ter of little better than guess. So many unforeseen points 

 may arise, and the practice of the courts affords such facil- 

 ities for a hostile party to obstruct the course of justice, 

 that the most experienced lawyers hesitate before they 

 attempt to give an opinion upon the subject. If in the 

 present case Madame de la Batut's claim be further resisted, 

 the suit will become one to which these observations apply; 

 or Madame de la Batut might perhaps abandon the claim 

 now brought in, and try to impede us by filing an original 

 bill for its establishment. We do not think this likely, but 

 it is not impossible. 



Having said thus much, we will proceed to answer the 

 queries. 



We think that within three months evidence might be 

 obtained of the facts necessary to defeat Madame de la 



