126 SMITHSONIAN BEQUEST. 



--annuitant having died, a power of attorney was sent, in 

 November, 1862, to Messrs. Fladgate, Clark & Finch to col- 

 lect the money ; but it has not yet been received. Although 

 the whole legacy was awarded to Mr. Rush in behalf of the 

 United States, after an amicable suit in chancery, various 

 objections have been raised to allowing the small remainder 

 to be sent to this country. These objections appear to be 

 principally of a technical character^ and are scarcely com- 

 patible with an equitable interpretation of the facts of the 

 case. There should be no prejudice in England in regard 

 to the construction placed upon the terms of the bequest 

 .and the policy which has been adopted, since one hundred 

 .and sixty-nine institutions in Great Britain and Ireland are 

 recipients of the Smithsonian publications and specimens of 

 natural history, and have enjoyed the advantages of its sys- 

 tem of international exchange. 



From Proceedings of the Board of Regents, January 25, 1864. 



The Secretary called attention to the unexpected delays 

 and embarrassments which had occurred in obtaining the 

 remainder of the original bequest of Smithson left in Eng- 

 land as the principal of an annuity to the mother of the 

 nephew of Smithson, and read the correspondence on the 

 subject with the attorneys, and also a letter from Hon. C. 

 F. Adams, the American minister to England. 



On motion it was 



Resolved, That a committee be appointed, consisting oi 

 the Secretary, Mr. IT. W. Davis, and Professor Bache, to 

 confer with the Secretary of State and the British minister 

 relative to the action of the English authorities in regard 

 to the money due the Smithsonian Institution. 



From Report of the Secretary for the year 1864. 



It was mentioned in the last report that a part of the 

 original bequest, amounting to 5,015, was left by Mr. Rush 

 in England as the principal to secure an annuity payable to 

 the mother of Smithson's nephew. The annuitant having 

 died, a power of attorney was sent in November, 1863, to 

 Messrs. Fladgate, Clark and Finch, (the same firm originally 

 employed by Mr. Rush,) to collect the money. Alter a 

 considerable delay, arising principally from technical diffi- 



