TWENTY-FIFTH CONGKESS, 1837-1839. 175 



Mr. Benton. 1 do not agree with the Senator from Mississippi 

 that our decision at the last session to accept this fund is obligatory, 

 or that we are at all committed in respect to establishing this institu- 

 tion. I have believed alwa3^s that this Government has no right to 

 accept a donation in money; and, as the Senator from South Carolina 

 has remarked, this question of our power to establish a national liter- 

 ary institution was among the earliest which were settled under our 

 Government; and the arguments then urged against it have remained 

 unanswered. If we now proceed to establish such an institution with 

 this fund, it will in effect amount to this, that this donation has pur- 

 chased our acquiescence in a violation of the Constitution. For half 

 a centur}^ the people of the United States have acquiesced in the uncon- 

 stitutionality of our establishing such an institution; and if we now 

 proceed to do it, an infraction of the Constitution will in effect have 

 been purchased. 



Mr. Ambrose H. Seviee. There is one difficulty in the way of these 

 objects in regard to the disposition that is to be made of this money. 

 It has been sent for and obtained, and is now actually invested in State 

 stocks. What are we to do with it? Here is a benevolent man, who 

 from motives of benevolence compliments this country by bestowing 

 upon it a donation for benevolent purposes, and, viewing it in that 

 light, we have passed an act of Congress to receive it, and it is already 

 received and invested. Shall we now return it? It is to be appro- 

 priated and used within our own limits of 10 miles square, where we 

 have exclusive and sole jurisdiction, and shall it be said we have no 

 power to establish such an institution within those limits? Sir, the 

 bill may be defective so as to require amendment, but as to the power 

 of receiving the money and appropriating it to such a purpose there 

 can be no doubt at all about it. This fund was given to us in trust for 

 the benefit of the world, which showed that this man had full faith in 

 us, and within the 10 miles square this Government is no more limited 

 in regard to such a subject than the State of Pennsylvania is limited 

 while acting within her own boundaries. 



Mr. Silas Wright. I have not been able to listen very attentively 

 to the debate, but as far as I can judge the subject seems to involve 

 great principles, which require full and mature consideration. This 

 bill merely provides for appointing a commission of nine persons, three 

 of whom are to be appointed by the Senate, three by the House of 

 Representatives, and the other three by the President, and to do what? 

 I believe they are to draw up a charter of incorporation for the insti- 

 tution within the District of Columbia, and this is their commission, 

 for I understand they are to have no other duty or power, with the 

 exception of a power to appoint a printer. And if a charter for an 

 institution of that sort must be finally considered and passed by Con- 

 gress it did not seem necessary to appoint such a commission simply 

 to draw up a bill of incorporation, and if it were necessary 1 do not 



