TWENTY-FOURTH CONGRESS, 1835-37. 145 



was not involved. But he should vote for the bill on the 

 ground that Congress would be doing manifest injustice to 

 the citizens of the city of Washington by refusing to accept 

 the donation. It was true that it operated for the benefit 

 of all mankind, but not more so than a university estab- 

 lished at Princeton or any other place. The Senator from 

 South Carolina, (Mr. Calhoun,) had said they ought to read 

 the will as if the words " at Washington " were left out. 

 He, Mr. W., did not think so ; the} 7 ought to read it just as 

 it was in connection with the whole, and give it its true 

 construction, which was that the United States was only 

 designated as the trustee, and the people of the city of 

 Washington had a right to call upon Congress as the repre- 

 sentatives of the United States to execute the trust. 



Mr. DAVIS said this man Smithson, it was said, had devised 

 one hundred thousand pounds sterling for the establishment 

 of a university in the city of Washington to diffuse knowl- 

 edge among men. It seemed to be taken for granted that 

 it was for the establishment of a university, although he 

 believed the word university was not to be found in the 

 will. He could not infer why it was so construed, as there 

 were other means of diffusing knowledge among men be- 

 sides doing it through the medium of universities, and he 

 therefore thought the discussion as to the particular design 

 of the gift premature. He did not regard it as a gift or 

 bequest to the Government. If he did, he would have all 

 the feelings evinced by the Senator from South Carolina, 

 (Mr. Preston.) The testator had not specified what special 

 purpose it was to be applied to, nor when the fund was to 

 be used, and Congress might defer using it until it became 

 large enough to be used advantageously to the purposes of 

 diffusing knowledge among mankind. If the} 7 denied the 

 right to establish a university, they denied the right to 

 establish all institutions of charity. The same question 

 involved in this, was also involved in the incorporation of 

 institutions which had been incorporated by them in this 

 District. The only question now under consideration was, 

 whether they should receive this money. He would vote 

 for it, and if they could not devise some appropriate dis- 

 position of it after it was received, he would be willing to 

 send it back by the first return packet. 



Mr. CALHOUN asked the Senator from Massachusetts (Mr. 

 Davis) what construction he would put upon the will if the 

 words " at Washington " had been left out of it. 



Mr. DAVIS replied, that he would put the same construc- 

 tion on it then as he did now. His first inquiry would be 

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