SMITHSONIAN BEQUEST. 125 



the United States to present a petition for an order to 

 have the fund paid to him. On our obtaining this order, a 

 power of attorney will be sent out to the President author- 

 izing some person here to receive from the court of chan- 

 cery, and transmit to him, or to the managers of the 

 Smithsonian Institution, the fund in question. 



Having in the suit, had the honor of acting for the Presi- 

 dent, it might be within our functions to present the petition 

 even without an express authority, but we did not deem it 

 right to do so without some communication with the Presi- 

 dent or with the managers of the Institution. 



Of course, although the order might be obtained without, 

 the fund can only be dealt with on the signature of the 

 President. 



We have the honor to be, sir, your very obedient ser- 

 vants, 



FLADGATE, CLARKE & FINCH. 



JOSEPH HENRY, Esq., 



Smithsonian Institution, Washington. 



On motion of Mr. Trumbull, it was 



Resolced, That the Secretary and Executive Committee 

 consult with the President of the United States and take 

 such action as may be necessary for obtaining the money 

 referred to in the communication from the solicitors in 

 London. 



From Report of the Secretary for the year 1862. 



A power of attorney has been forwarded from the Presi- 

 dent of the United States to Messrs. Fladgate, Clarke & 

 Finch, of London, authorizing them to collect the remainder 

 of the Smithsonian fund, which was left, by the Honorable 

 Mr. Rush, as the principal of an annuity to the mother of 

 the nephew of Smithson. The power of attorney was for- 

 warded to the care of Honorable Charles F. Adams, Ameri- 

 can minister to England, and the money, when collected, 

 will be deposited with George Peabody & Co., bankers, 

 London, subject to the order of the Institution. 



From Report of the Secretary for the year 1863. 



A part of the original bequest, amounting to 5,015, was 

 left by Mr. Rush in England, as the principal of an annuity 

 to be paid to the mother of the nephew of Smithson. The 



