TWENTY-NINTH CONGRESS, 1845-47. 439 



Mr. S. then proceeded to contend that the Government 

 was not instituted for any such purposes as the administra- 

 tion of charities. There was no grant of power in the 

 Constitution admitting such an exercise. And as there was 

 no such power, and as this fund was still under our control, 

 and as the trust had not been executed, it became Congress 

 to pause, and to retrace, so far as possible, the errors it had 

 already committed. There was but one power in the Con- 

 stitution under which this charity could be administered, 

 and that was as a local legislature for the District of Colum- 

 bia. But that would not fall within the intention and 

 design of the testator. It was not intended that this fand 

 should be applied to the exclusive purpose of the use of the 

 District of Columbia. The only true course would bo to 

 reject all these plans, including the substitute which had 

 been offered by the gentleman from Massachusetts, [Mr. 

 Adams.] And if this were done, he (Mr. Sims) pledged him- 

 self that, should no other member do so, he would intro- 

 duce a bill repealing all laws heretofore enacted on this 

 subject, and giving authority and direction for the restora- 

 tion of the money to the British chancery. It could then 

 be devoted to purposes in England similar to those which 

 had been contemplated in the city of Washington. The 

 only difference would be in the location of the institution. 



Mr. Adams said, in this matter he was in favor of carry- 

 ing out the principle of the ancient proverb — " Catch the 

 bear before you sell his skin." But a very small portion of 

 these funds was now in the Treasury ; and the bill proposed 

 to take from the Treasury the money of the people of the 

 United States, raised by taxation, to the amount of seven 

 or eight hundred thousand dollars, to be expended in lieu 

 of the fund of the late Mr. Smithson, which was not in our 

 power at present. The gentleman from South Carolina 

 [Mr. Sims] said that this money was to be considered as if it 

 was in the Treasury of the United States. Mr. Adams 

 would be very glad if he could so consider it. 



Mr. Sims said, in the report which the gentleman from 

 Massachusetts made to this House a few years ago, he took 

 the identical ground that this money ought to be considered 

 in the Treasury, and that Arkansas, and the other States in 

 whose bonds this was invested, were debtors of the general 

 Government. 



Mr. Adams replied, that if any report made by him three 

 or four years ago stated that this money was to be consid- 

 ered in the Treasury of the United States, he would inform 

 the gentleman and the committee that he had had some 



