138 CONGRESSIONAL PROCEEDINGS. 



of which Congress was the constitutional (guardian, and could receive 

 and apply the money in that form. Congress was the jxiren^ patrim 

 of the District of Columbia, in the sense laid down by Blackstone, a 

 power which necessarily belonged to every government, and could 

 therefore very properly receive this trust for a charitable purpose in 

 the District of Columbia. Congress had, in fact, exercised this power 

 oi pare7is pat7'kB of the District in the establishment of an orphans' 

 court, in the erection and support of a penitentiary, and could create 

 an establishment to take care of lunatics; and indeed, if it did not pos- 

 sess this power, in what a deplorable condition would this District be. 

 The States of Maryland and Virginia undoubtedly possessed this 

 power, and of course Congress derived it as to the District from their 

 deeds of cession. He did not look upon this legacy to be for the 

 benefit of the United States, but for the benefit of one of the cities of 

 the District, over which Congress was guardian, and he had therefore 

 no difficulty in voting for the bill. 



Mr. Preston was aware of the decision of the Supreme Court cited 

 by the Senator from Virginia (Mr. Leigh), that the people of this 

 District might be taxed without representation, and he had no doubt 

 that these corporations could exercise a trust; but this was not a trust 

 to the city of Washington. The United States was the cestui qui trust, 

 and not the city of Washington. The corporation of the city of 

 Washington could not enforce this claim in a court of chancery in 

 England. If an institution of the kind was desired, he would prefer 

 it to be established out of our own funds, and not have Congress 

 pander to the paltry vanity of an individual. If they accepted this 

 donation, every whippersnapper vagabond that had been traducing 

 our country might think proper to have his name distinguished in the 

 same way. It was not consistent with the dignity of the country to 

 accept even the grant of a man of noble birth or lineage. 



Mr. J. M. Clayton said the Senator from South Carolina (Mr. Cal- 

 houn) had considered this as a donation to the United States. It was 

 not so. The United States was merely named in the will as the trustee, 

 and was to receive no benefit whatever. It was merely a charitable 

 object to establish an university in the District of Columbia. They 

 had established similar institutions within the District of Columbia 

 by acts of Congress, and no one doubted the power to permit persons 

 from other places to be educated in them. 



Mr. J. C. Calhoun said, if his memory served him, there was oppo- 

 sition made to the passage of those acts. 



Mr. Clayton said he believed there was some objection made to the 

 policy, but not to the power of making the donation. It was to be 

 located in the city of Washington, and persons in the city would be 

 more benefited by it than any others. 



Mr. Calhoun was of opinion that this donation was made expressly 



