144 CONGRESSIONAL PROCEEDINGS. 



among men." Now, take out the words the " city ot 

 Washington," and the donation, was clearly to the United 

 States. The words, " the city of Washington," were only 

 used to designate the place where the university was to be 

 established, and not by any stretch of the meaning of lan- 

 guage to be considered as making the donation to the city. 

 He understood the Senators on all hands, to agree that it 

 was not in the power of Congress to establish a nation al 

 university, and they all agreed that they could establish a 

 university in the District of Columbia. Now, on this prin- 

 ciple, they could not receive the bequest, for the District of 

 Columbia was not even named in it; the city of Washing- 

 ton being only designated as the place where tin- university 

 was to be established, and the bequest being expressly made 

 to the United States. He thought, that acting under this 

 legacy, would be as much the establishment of a national 

 university, as if they appropriated money for the purpose; 

 and he would indeed much rather appropriate the money, 

 for he thought it was beneath the dignity of the United 

 States to receive presents of this kind from anyone. He 

 could never pass through the rotunda of the Capitol, with- 

 out having; his feelings outraged by seeing that statue of 

 Mr. Jefferson which had been placed there contrary to their 

 consent. 



Mr. SOUTHARD said that the Senator from South Carolina 

 was mistaken in saying that every Senator agreed that it 

 was not in the power of Congress to establish a national 

 university. He, for one, believed that Congress had the 

 unquestionable right to do so. This, however, did not in- 

 volve the constitutionality of the question before them, as, 

 in his opinion, the most rigid construction of the constitu- 

 tion would not be adverse to the bill. Congress had the 

 same right to establish this university, as they had to charter 

 a college in Georgetown or Alexandria. 



Mr. BUCHANAN believed that Congress had the power to 

 receive and apply this money to the purposes intended by 

 the testator, without involving the question whether they 

 had the power to establish a national university or not. 

 There was no question but that James Smithson, in his life- 

 time, had a right to establish a university at the city of 

 Washington, and call it the Smithsonian University; or a 

 national university, if he pleased ; and Congress, by receiv- 

 ing and applying this bequest, would only act as the trustee 

 of the city of Washington, for whose benefit it was made. 



Mr. WALKER would not discuss the question whether this 

 was a national university, because he believed that question 



