THIRTY-THIRD CONGRESS, 1853-55. 55 



the necessary time to discharge its duties. So soon as he 

 ascertains that he cannot, consistently with his other engage- 

 ments, give that time, he is bound to retire and to give way 

 to some other gentleman who may have both the inclination 

 and the power to render the service which the country ex- 

 pects from a member of that board. 



I wish, very sincerely, Mr. President, that the letter of 

 resignation had there closed, because I, for one, am unable 

 to give any appropriate character to the residue of the let- 

 ter. It must be viewed in one of three aspects ; either as 

 an appeal to Congress from the judicial decision which has 

 been pronounced by the Board of Regents upon the inter- 

 pretation of that act ; or as an appeal to Congress against 

 the malversation of a certain class of public officers, to the 

 extent that their misconduct may be exposed and that some 

 steps may be taken, either for their punishment or removal; 

 or else as an intimation that the distinguished gentleman 

 who writes this letter thinks that there should be some 

 amendment of the law by the intervention of the legislative 

 power of the two Houses of Congress. 



In regard to the first view, I cannot myself understand 

 how this body, or the other House of Congress, is to exercise 

 a judicial supervision upon the question of the interpretation 

 of this law. It is our business to make laws ; it is the busi- 

 ness of other officers and classes of persons to expound and 

 execute those laws. In a strict judicial sense, we cannot 

 exercise any jurisdiction or supervision over the judgment 

 which may be so pronounced; and, therefore, considering 

 the letter in^that respect, it seems to me totally inappropriate 

 to any functions which either this or the other House of Con- 

 gress can legitimately exercise. 



If it be considered as a letter intended to communicate ta 

 the two Houses of Congress malversation in the conduct of 

 these public officers, however proper that application may 

 be to the other House, it is plainly out of place here. The 

 other House, from what we learn of their published proceed- 

 ings, seems to have taken the subject up in that idea that 

 this is an imputation by the writer of the letter that a gross 

 abuse has been practised by the majority of the Board of 

 Regents in the administration of this fund ; and they have 

 accordingly raised a committee, referred the letter to the 

 committee, and vested them with the power of sending for 

 persons and papers a power appropriate to the investiga- 

 tion, if the object be what I have just said, but utterly in- 

 appropriate and absurd supposing it to be a mere question 

 of legislative inquiry with a view to found legislative action. 



