TWENTY-FIFTH CONGRESS, 1837-1839. 177 



has no such purpose, and can have no such effect. I am, however, 

 not anxious in regard to the fate of this bill. 



Mr. R. J. WALKEK. In reply to the Senator from South Carolina, 

 I wish to know whether we have no power to incorporate companies 

 in the District of Columbia, and whether we have not done it again 

 and again. We. have incorporated companies for banks, bridges, 

 railroads, and others of almost every variety. Then we have the 

 power, and our whole history shows that we have the power, to grant 

 incorporations in the District. And what is the difference? If we 

 could incorporate a Baptist institution can not we incorporate a 

 Smithsonian institution? Did we not incorporate the Georgetown 

 College, and can we not incorporate the Smithsonian college? Sir, 

 there is no novelty at all in this matter so far as it has any relation 

 whatever to our power. 



For the purpose of showing the former unanimity of most of the 

 Senate on this subject Mr. Walker read the joint resolution of Con- 

 gress authorizing the President of the United States to prosecute and 

 obtain this legacy, and the yeas and nays in the Senate on the question 

 of ordering it to be engrossed; for which there were, yeas 31, nays 7. 

 The District of Columbia (said Mr. Walker) not having a government 

 in itself, the Government of the United States received this bequest as 

 the government of the District; and now we propose to incorporate 

 an institution, that the intention of the testator may be carried into 

 effect; and would it not be ridiculous for us to pass a bill, by an almost 

 unanimous vote, to prosecute for and obtain the fund, which has been 

 carried successfully into effect, now to turn round, in less than two 

 years, and declare that vast majorities in Congress had been entirely 

 ignorant of the subject on which they acted and had violated an organic 

 law of the country in accepting this bequest? Sir, the nation would 

 be disgraced by such a proceeding. We have received the money, 

 and we are bound by the most solemn obligation, at least to the Dis- 

 trict of Columbia, the real beneficiary, to carry this bequest into effect. 



Mr. CALHOUN. This bequest was not made to the District of Colum- 

 bia, but to all mankind. I believe the second thoughts of Congress 

 are better than the first, and I believe there will now be a decided vote 

 against this measure after full reflection. 



Mr. J. M. NILES. One wrong step is no reason why we should take 

 another, and I submit to the Senate whether the main argument in 

 favor of this measure is sustained. Sir, what is that argument? It 

 is that the whole of this matter is for the District of Columbia. Sir, 

 if you stand on that ground you will practice a base fraud on the 

 legatee. He meant this donation for the whole world, and now the 

 argument is that it is for the benefit of this District. The true ques- 

 tion is whether we will have a national institution, and that is to be 

 decided by looking at the terms of this grant. It is a trust committed 

 H. Doc. 732 12 



