THIRTY-THIRD CONGRESS, 1853-55. 537 



under the appointment of Congress, and assigns reasons for 

 the resignation. The first is the inability of the party re- 

 signing to perform the duties of his trust; that is to say, to 

 .attend the meetings of the institution, without which attend- 

 ance he cannot perform the duties of his trust; quite a suffi- 

 cient 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 interpretation which they have given to the 

 statute establishing the institution. If the letter of resig- 

 nation had terminated there, I should not have had a word 

 to say; but it goes much further. 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 in- 

 stigated 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 conduct of this institution, has prescribed a manner in 

 which the regents shall manage its affairs; that the act 

 sketches with clearness and completeness the principal fea- 

 tures of this plan; that they are quite apparent 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 mis- 

 fortune to differ from the retiring regent, have subverted 

 that plan established by Congress, 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, in- 

 compatible with the prescribed objects, and not warranted, 

 either by the letter 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 e'ffect, 

 repealed the act of Congress.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 en- 

 deavored 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 cannot 

 but feel sensibly the reproach conveyed in this letter, and I 

 feel it not only sensibly, but with something of indignation. 

 I have one consolation, however. I do not stand alone in 

 the interpretation which I have given to this act. I am con- 

 soled for differing from the brilliant parliamentary and 



