558 CONGRESSIONAL PROCEEDINGS. 



that, whether the distinguished writer be correct or not in 

 his opinions, that part of the letter is in very bad taste. 



Believing, Mr. President, that there is nothing for us to 

 <io but accept the resignation of this gentleman, and to ac- 

 cept it with regret because of his eminent talents and high 

 position and undoubted patriotism, and therefore his capacity 

 -and w'illingness to be useful. I should think that the subject 

 might be allowed to drop; but, nevertheless, I yield to the 

 suggestion of my friend from Maryland. He has intimated 

 that he desires that this should be the subject of investiga- 

 tion, and I am willing to move that it shall go to a com- 

 mittee ; but I am not prepared to say that it is proper, on 

 this occasion, to select a special committee. This is a ques- 

 tion of judicial interpretation — of legislation to be founded 

 upon a judicial interpretation — if the committee in the Senate 

 shall be of opinion that the regents have mistaken the true 

 construction of this law. We have a committee, a stand- 

 ing committee of this body, composed of eminent lawyers, 

 abundantly able to re-examine this subject, so far as it needs 

 re-examination, and so far as this House has any jurisdiction 

 over it. I am not, therefore, for passing over that committee 

 upon a judicial question to raise any select committee. It 

 is a question of law^ — the interpretation of a statute. If we 

 are not satisfied with the judgment given in the Board of 

 Regents; if such a board of men, aided in their opinions 

 by the illustrious Taney, do not convey to us a conviction 

 that a statute has been rightly interpreted, let it go to that 

 committee of this body. It is a proper organ to examine, 

 and investigate, and report upon strictly legal inquiries. I 

 therefore move the reference of this paper to the Committee 

 on the Judiciary. 



Mr, Seward. Mr. President, I should not speak at all on 

 this question, if it were not that I think the Senate has a 

 duty to discharge to itself and to its dignity. I need not 

 say that I entertain as profound a respect and admiration 

 for the distinguished gentleman who sent this communica- 

 tion here as any other person in the House, or in the country. 

 I take the occasion thus early to say that I have formed no 

 opinion upon the merits of the question which has been 

 raised by that communication. I deem it my duty, as far 

 as possible, to hold my mind free and open for the purpose 

 of forming an opinion hereafter. 



Sir, I cannot consent, for one member of this body, to 

 send this communication to the Committee on the Judiciary, 

 or to a select committee, because, although I believe it to 

 have been intended with the best motives, and to have been 



