178 CONGRESSIONAL PROCEEDINGS. 



to the United States, in the very execution of which we are to act for 

 the United States. Sir, the question is altogether too clear for argu- 

 ment. I had not the privilege of voting against the acceptance of this 

 fund, and I now wish to record my vote against the whole proceeding. 



Mr. J. J. CRITTENDEN. It was my lot some few years ago to be a 

 member of Congress when this subject was under consideration, and, 

 as far as 1 can recollect, we then came to the conclusion that all the 

 objections which are now made to our accepting and executing this 

 trust were fallacious and unfounded. I am now only surprised that 

 the Senator from Connecticut should be worked up into so high excite- 

 ment by this subject. But I ask whether it is not perfectly compe- 

 tent in us to lay a tax on this District of $500,000 for the establishment 

 of such an institution. We hold exclusive legislation over the Dis- 

 trict, including the power to tax it, and if this could be done in com- 

 pliance with the wishes of the District, and at their own expense, could 

 there be any constitutional objection to our doing it for them ? Sir, 

 it is evident there could not; and when the requisite fund is a donation 

 does that circumstance offer any ground whatever for a constitutional 

 objection? If by taxation of the people of the District Congress 

 have an unquestionable and indisputable power to effect this object 

 does it make any difference, as it respects that power, whether the 

 fund is a donation or a tax ? None whatever, and I see no force at all 

 in these objections. They arise from a constitutional delicacy of 

 which I have no perception, and I should be sorry if this trust should 

 be injured by the indulgence of such scruples. 



And what are we to do? "Oh," say gentlemen, "send the money 

 back, and surrender it to the heirs of the donor." With respect to the 

 money, that with this country is but of little account; but consider 

 what sort of an answer you will have to make to the high court of 

 chancery in England. You must send Mr. Rush to report to the court 

 of chancery that from solemn considerations we have found out that 

 we are not entitled to receive this donation and cany the intention of 

 the donor into effect, in doing which I do not consider that we would 

 be at all degraded. The money itself is of no consideration to this 

 Government; but here is a beneficent object, in the promotion of which 

 a philanthropic foreigner asks you to act in his behalf, in a local dis- 

 trict of your own country, over which you are the only legislators, 

 and in doing this we are not acting under any ordinary treaties, but in 

 the great cause of humanity. Sir, I see no difficulty, and I trust 

 that the decided majority which appeared in favor of this measure in 

 its incipient stage will now not be at all diminished. 



Mr. BENTON. The argument is that we are to act in this case as the 

 government of the District of Columbia. But if I understand the 

 bequest, the money is given to the people of the United States, and 

 not to those of the District alone. Consequently, if we accept the 



