THIRTY-THIRD CONGRESS, 1853-55. 551 



ness in which he has expressed his opinions in the letter of 

 resignation, I am unable to perceive that there is either an 

 arrogance or anything else which ought to be considered 

 disrespectful. After expressing his opinions, and stating 

 the construction of a majority of the board he says : 



* In this interpretation I cannot acquiesce ; and with entire respect for 

 the majority of the board, and with much kindness and regard to all its 

 members, I am sure that my duty requires a respectful tender of my resig- 

 nation." 



In other places, in expressing his opinion, he says, " the 

 law, it seems to me, is so and so." I think there is a re- 

 spect and kindness running through the whole letter which 

 should characterize one gentleman of high attainments and 

 bearing towards another who is his equal, accompanied, 

 however, with the firm conviction, on his part, that the law 

 has not been interpreted in that sense in which it should 

 have been according to its terms. 



I confess, sir, that I concur fully in that firm conviction 

 of his, and I do not hesitate to express it boldly and plainly; 

 and yet I am incapable of entering an unkind feeling, or 

 giving expression to an unkind inuendo, or of entertaining 

 for a moment a doubt but that each and every regent has 

 acted conscientiously according to his sense of duty. It is 

 a case where there is a diversity of opinion ; where each 

 gentleman intrusted with the exercise of discretion, where 

 discretion was necessary, and interpretation where interpre- 

 tation was necessary, has performed his duty conscientiously 

 as he read it in the law. Still, I must say that my inter- 

 pretation of that law is different from that of the honorable 

 Senator from Virginia, and the honorable Senator from 

 Maryland, and of a majority of the regents. It is also true 

 that the gentleman whose great name and many public ser- 

 vices, and private and public virtues, have been so well 

 portrayed by the Senator from Maryland, concurred with 

 the majority, and to that extent the weight of authority is 

 cast in the scale against the side which I embraced. I do 

 not wish to detract one iota from the high eulogium which 

 the Senator has pronounced on those gentlemen. With all 

 respect for them, and for their opinions, I must take the law 

 itself as my rule of guidance while performing a trust im- 

 posed on me. 



It may be that my mind is somewhat biased by the pro- 

 ceedings, discussion, and action in the House of Represent- 

 atives when this institution was established. I, at that time, 

 participated, to some extent, although in a small degree, in 

 the proceedings which took place in regard to the creation 



