THIRTY-THIRD CONGRESS, 1853-1855. 513 



ment of Congress, and assigns reasons for the resignation. The first 

 is the inability of the party resigning to perform the duties of his 

 trust; that is to say, to attend the meetings of the institution, without 

 which attendance he can not perform the duties of his trust; quite a 

 sufficient reason, and one which, perhaps, has been of equal weight 

 for the last seven years as now. The second reason is his inability to 

 concur with the majority of the Board of Regents in the interpreta- 

 tion which they have given to the statute establishing the Institution. 

 If the letter of resignation had terminated there I should not have 

 had a word to say; but it goes much farther. It is, in effect, nothing 

 more than we have seen in the public prints for the last year, though 

 of course in very different language, and instigated by purposes very 

 different from those which I hope and believe actuate the retiring 

 Regent. 



It sets forth, sir, that Congress has established a plan for the con- 

 duct of this Institution, has prescribed a manner in which the Regents 

 shall manage its affairs; that the act sketches with clearness and com- 

 pleteness the principal features of this plan; that they are quite appar- 

 ent without reference to the parliamentary history of the act; that 

 with that they are unmistakably clear. Then he charges that the 

 majority of the Board of Regents, who have the misfortune to differ 

 from the retiring Regent, have subverted that plan established by Con- 

 gress, have departed from the manner in which Congress prescribed 

 that the affairs of the Institution should be conducted, and diverted 

 the application of the funds from the objects prescribed in the law, 

 have appropriated them to objects not mentioned in the law, incompat- 

 ible with the prescribed objects, and not warranted, either by the let- 

 ter or spirit of any of its provisions; that thus the Board of Regents 

 have substituted their will for the will of the National Legislature, and 

 have, in effect, repealed the act of Congress. 



Sir, these are very grave charges. I happen to be one of those who 

 have been thus contumacious, who have thus endeavored to subvert the 

 will of the National Legislature, and to repeal the act of Congress for 

 the faithful execution of which I had pledged everything which a man 

 of honor could pledge by the acceptance of the trust. Sir, I can not 

 but feel sensibly the reproach conveyed in this letter, and I feel it not 

 only sensibly, but with something of indignation. I have one conso- 

 lation, however. I do not stand alone in the interpretation which I 

 have given to this act. I am consoled for differing from the brilliant 

 parliamentary and forensic orator who is the author of this letter by 

 reflecting that I am sustained in my opinion by men of such weight of 

 character as can not well be exceeded in this country. Let me mention 

 a few of them. In the first place, I will mention him who holds the 

 first rank as a jurist in the United States; first, unquestionably, in 

 position, and, as I believe, not surpassed either in the variety and 

 H. Doc. 732 33 



