$ ■M^LW - 234 .H7 L783 Copy 1 "Kcv, curious it is that 50 years ago just this March the then owner of Monticelio, whose name was Uriah P. Levy, should have died in the city of New York and before dying should have made a wonderful will, a will to secure Monticello to the people of the United States." MRS. MARTIN W. LITTLETON OF NEW YORK Printed in the Congressional Record at the request of Hon. Richard W. Austin, of Tennessee April 13, 1912 ^ ".0701 lOSOG WASHINGTON 1912 j^SHsl ONE WISH r.v MRS. MARTIN W. LITTLETON. THOMAS J EFFEBSON. Mr. AUSTIN. Mr. Speaker, I ask unanimous consent to ad- dress the House for one minute. The SPEAKER. The gentleman from Tennessee [Mr. Aus- tin] asks unanimous consent to address the House for one minute. Is there objection. [After a pause.] The Chair hears nonet Mr. AUSTIN. Mr. Speaker, this is the anniversary of (he birth of Thomas Jefferson, the 13th day of April. He was born on the 13th day of April, 1743—169 years ago. I know of no public man to whom the American people owe a creator debl of gratitude than Thomas Jefferson. [Applause.] As a south- ern Republican Representative I desire this House to pause and consider for 'a moment what a debt we owe to him and what a debt the American people will for all time owe to his genius and his patriotism in drafting the immortal Declaration of Independence. [Applause.] I love and revere his memory as much as any man in this House, and I entertain the fond hope that before the adjournment of this Congress we will all see the wisdom and the justice of not only procuring his his- toric home— Monticello, in Virginia — but erect in this magnifi- cent Capital City a fitting tribute in the way of a monument to his illustrious career and his great and invaluable services to the Republic. [Applause.] The SPEAKER. The time of the gentleman has expired. Mr. AUSTIN. Mr. Speaker, I ask permission to print in the Re< obd '• One wish," by a gifted and patriotic American woman, the wife of our distinguished colleague from New York [Mr. Littleton], a publication which is a patriotic labor of love. [Applause.] The SPEAKER. The gentleman from Tennessee [Mr. Austin] asks leave to extend his remarks in the Regobd. Is there objection? [After a pause. | The Chair hoars none. 30701—10896 3 ont: wish. [A copy of a letter from Mrs. Martin \V. Littleton to her Long Island friends.] " LlTTLECOTE, " Poht Washington, Long Island, "Xcw York, August 30, 1911. "My Dear Friends: This letter was written to you in Wash- ington, and somebody forgot to mail it, till now I am afraid it is too late. But it is not really a letter, anyway, for there is nothing personal between you and me in it, or anything newsy; nor is it an essay, for there is not enough learning in it. The only thing I can call it is a wish, my one wish. But you must wait till the end, like shutting your eyes aud waiting for the wagonload of hay to pass out of sight, before you can know what my one wish is. I hope you have made the same wish, and that they both may come true. My wish is about Thomas Jefferson. "It seems when the Nation was very young, and first start- ing out, its Government was without a home. It was worn- out from fighting battles, and could hanlly see through the smoke. Those whom it had fought were hoping it would come to grief. Its own friends were quarrelling. States were ar- rayed against States. Constantly the North and South were picking at each other, as some brothers do. Its friends were jealous of the affections of each other for it, and it could not stay in the house of any of them. It was without money. The Treasury was empty. The wars had cost a lot. Soldiers were without pay, and were clamoring for the price of its freedom. Weary and faint, young and all alone in the world, there was no place to rest. Almost out of breath, it hardly had strength to go on doing the great things it had to do. Like a fugitive, it wandered from place to place, through stormy times, witli not a roof to over i!s head. And the clouds were dark and threatening ahore it. Some said they were war clouds. They looked black and angry. A shelter mtisl lie found. A seat of government. A capital city. The North wanted the honor of being its birthplace. The South wanted it just as much. Con- gress must settle the dispute. It had its hands full. Speeches were made, claims were urged, inducements offered, bills passed, amendments added, decision delayed. Still there was no seat of government, no site chosen, until Jefferson and Ham- ilton agreed about it. Alexander Hamilton was Secretary of the Treasury, and was much troubled over the debts for our war with England There was nothing to pay them with, lie 39701 l os-jo - ^\° hardly knew which way to (urn. There seemed no way out of i !•< able. The tiling he most feared was that the Union might be dissolved on account of them. Ho could think of nothing to prevent it, except that the Southern states would consent that tli.so debts should ho assumed by the Federal Government. This he confided to Jefferson. Thomas Jefferson was Secretary of State. He could not bear to see the Union dissolved, any more than Hamilton could. So, to avert this disaster, he would do anything. He would not even object if Congress passed a 'funding act,' permitting the Federal Government to pay these debts. Hamilton, not less patriotic, said he would not object to the cause Jefferson had espoused. A cause he had espoused with his whole heart, as a bridegroom bis bride. The cause was that of locating the Capital City in his beloved South. One day it was agreed to. An act of Congress was then passed to establish the seat of government in a 'district or territory noi exceeding 10 miles square, to be located on the river Potomac' "What a precious gift to the South! May it never cease to be grateful to Thomas Jefferson ; " Then and there a city was born. A Capital City for all time to come. It was born in the brain of man, and it found a place in the hearts of all men. It was held in the encircling arms of a mighty river. It was nursed in the lap of a valley, sweet and soli as a mother's. It was fed by fertile fields, rich in yellow corn and wheat that in snnshine turned to solid gold. Clear, cool springs watered it. Hills of royal colors sheltered it with their forests on top, glistening like crowns. It was protected by cordons of mountains going around, their walls a thick barrier between it and harm. In the blue, blue distance they looked like brave soldiers covered with smoke from belching cannon. "That was just a little more than a hundred years ago. "Then began a labor of love. Washington! Jefferson! L'Enfant! Laborers! Master builders ! Masterminds! "They made maps; they made surveys; they studied architec- ture and laid out parks, avenues, and streets; and budded a city. A city of every nation, a world's shrine. "They built it in the heart of a great, deep, dark forest; a heart warm and tender with a soft place in it big enough to hold all who wish to enter. Its goodness is above everything else in the world. "Its woods have become peopled with tall, gray monuments of giant heroes, and children that laugh and play with their images in its clear pools, filling it full of sounds of music. It 39701— 1089G G p. sweet ami sylvan with the notes of mocking birds, and sounds of bluebirds and redbirds. Gay little squirrels scamper and run about through the leaves of the trees, lively as recollections that sometimes go running through one's head. Its dark nooks and recesses are lighted up with the white marble buildings of the Government. They look like noble Greek palaces. Myriads of their white pillars gleam through the black woods like lighted candles in a solemn cathedral. The religious sound of silvery church bells hallows it and gives to everyone a sense of com- fort. Its gray-paved streets are cut through wooded paths edged with shrubbery and leafiness. All of them lead to yonder green hill whereon rests our Capitol Building, wdiite, pure white, with not a shadow across it. It sits as a light on a hill. "Tucked away under branches and vines are the houses sur- rounded by hedges. Window boxes seem to grow from them everywhere, with flowers tumbling down from them to touch the earth. Most of the houses are new and fine. Some look proud and fat. They crush between them tiny little old cottages, and keep the sun from shining in their gardens of vines and flowers. But the tiny cottages are not afraid or ashamed for they enjoy the distinction id' history and quaint- noss of age which the newer ones must enviously wait for. "The city covers about G,000 acres; nearly 4,000 of this they thought best to lay out in parks and streets. They knew in building a Capital City in the South thai plenty and plenty of room was needed for air and breezes; and they believed every house would be healthier to have gardens. Streets were made miles long and acres wide and beautiful with great, long vistas. Tall trees grew along their sides, and when passershy come underneath them they bend their heads over to shade them from the sun. "Not long ago I attended the unveiling of a monumqnt to the memory of I/Enfant, one of the master builders. It was at Arlington, once the home of Eoberl 1'.. Lee, general of the Confederacy, a soldier among soldiers. The house is big and white, and empty now. Booms and halls are quiet as death, except for the noise the silence makes. The windows are closed like eyes thai can not see and sunken deep in like hollow caverns. The rooms seem to want to push out of the cold and dark into the warm sunshine. The ceilings hang high above the floor and are full of echoes thai answer every whisper. The walls are covered with zigzag cracks that look like mys- terious writing, and l wondered if there were anyone who could read them. These cracks must lie very old and able to ; lot. I loved the old floors made of broad, thick wooden 39701 1089G boards. Dim, dusky shadows lay across them, and wfien I walked over them 1 thought I could hear other footsteps fol- lowing falling softly and quietly. I was even sure of hearing breathing. And I could not help looking to see if some one were coming back of me. I was wondering all the time if the dead are really gone. If life is not death, and if death is not resurrection. Great spirits seem to live -seem always to live among us — even though their bodies have left us. They seem to live in their works and in the seeds they have planted and in all around us. I walked out on the portico and stood between two great while pillars. 1 could look across the hills with lovely valleys in between and see the ground covered with lit He white headstones like flakes of snow fallen from the sky. The graves were lying in beds of tender grass and covered with blankets of moss soft as down. Over them were bent forest frees. The stirring and swaying of their loaves sounded like sad voices whispering to each other. Sounds of other voices made me look around and I saw crowds of people. In the mid- dle of them was a monument covered with bunting streaming in red, white, and blue mixed with the colors of France. Then I heard the voice of the President of the United States, the voice of Ambassador Jusserand, and the voice of Senator Root dedi- cating this monument to the memory of L'Enfant and laying at his feet the praise and thanks of an appreciative .Nation. And a little farther on I could see the river at the foot of the bill winding about like a silver thread. Willow trees garlanded and wreathed its banks. Their tender branches streamed into the water without making a sound like tears that flow without a sob. "Yet in the slid farther distance from us I could see a tall marble shaft. It was of heavenly white without a blemish. It rose far away and above us in the luminous sunshine and beautiful blue sky like a gigantic, glorious ghost. "A grateful Nation had erected it to the memory of George Washington, one of the master builders. I listened and listened to the voices to hear the name of Jefferson, the other master builder. And as I stood on that hill and looked from Arlington to Mount Vernon, from Mount Vernon to Charlottesville, and from Charlottesville to Washington, I thought of these three great men. They were all in my mind together. And as I looked there in the city of 20,000 dead and looked across at another city of 200,000 living I thought of Jefferson. And I could not see a monument or a shaft or a tombstone in his honor, In all this glorious temple of trees and marble there was no niche reserved for him. Jefferson's impress upon the city aud 39701— 10S9G upon the world is broader than that of any other man — and though he has gone out of our lives, not one of the things he did is gone; all remain, all live, all ours, except his sleeping body. Montieello, his beloved mountain, holds that high above all other monuments, lifting it into the clear, pure air above us. Ho was born at its bottom, and while he lies dead in its sum- mit democracy lives. " It was he who had faith in man. It was he who fought for a now Government, founded upon the belief that all men are equal. It was he who budded an asylum for the oppressed of all nations. It was he who had the laws of primogeniture and entail abolished, and made the young son eerual with the elder brother. It was he who caused the separation of church and state, and made it possible for all men to profess their religious belief, without fear of oppression, whether Protestant, Catholic, or Jew. It was he who spoke the first words in behalf of tlie freedom of the Negroes before any other American statesman, and if this bill, the ' Ordinance of the Northwestern Territory,' prohibiting slavery after 1S00, had passed, our great Civil War would never have been fought. He drew the bill establishing our present system of coinage and currency on the decimal basis. Everyone knows that the last work his hands found to do, when he was an old, old man, was to inaugurate and build a great democratic university for Virginia, the first real uni- versity in America. He believed that in a representative democ- racy education and intellectual freedom were necessary. " Without sword and with only his pen he took over from Napoleon Bonaparte for the United States the great Southwest- ern Territory, known as the Louisiana Purchase, and added 11 Slates to the Union. He created and wrote five great State papers, from which Americans have learned their lessons of freedom. " The sublimest one of all he wrote was the Declaration of American Independence. It brought to all people free gifts of conscience, free gifts of thought, free gifts of speech, free gifts of education, free gifts of ballot, free gifts of press, free gifts of religion, and free gifts to all men of the ' rights to life, lib- erty, and the pursuit of happiness.' The only one thing he was too poor to give free to the people, for whom he had already done so much, was Montieello, containing his birthplace, his home, and his own dead body. That he had to leave to be sold at auction to the highest bidder. / "Sixty-one years of public service lefl him on the auction block. Just at this time I could not help but remember about all these things. I also remembered his dislike of hero worship. 39701 — 10S0G Tt was so extreme thai he begged his followers not to celebrate the anniversary of his birth. "But God did not intend for him to be forgotten — this man who was a disciple of goodness to all humanity. And when Jefferson's work was done and God received him unto Himself, Ho chose to do it on the clay of July 4, 1826, the anniversary day of the declaration of American independence. So we can never forget. On the day of his death there was found written on the torn hack of an old letter, in his own handwriting, the following directions for his monument and inscription : " On a grave, a plain die or cube of 3 feet, without any moldings, surmounted by an obelisk of 6 feet height, each of a single stone ; on the face of the obelisk the following inscription, and not a word more : " Here was buried " Thomas Jefferson "Author of the "Declaration of American Independence " Of tbe statute of Virginia " Religious freedom "And father of the University of Virginia " Because of these as testimonials that I have lived I wish most to be remembered. It to be of the coarse stone of which my columns are made, that no one may be tempted hereafter to destroy it for the value of the materials. My bust, by Carracchi, with the pedestal and trun- cated column on which it stands, might be given to the university if they would place it in the dome room of the rotunda." "His great-granddaughter, Sarah N. Randolph, writes this: 'Jefferson's efforts to save his monument from mutilation by having it made of coarse stone have been futile. His grandson, Col. Randolph, followed his directions in erecting the monument which is placed over him. He lies buried between his wife and his daughter, Mary Eppes. Across the head of these three graves lies the remains of his eldest daughter. Martha Randolph. This group lies in front of a gap in the high brick wall which sur- rounds the whole graveyard, the gap being filled by a high iron grating, giving a full view of the group, that there might be no excuse for forcing open the high iron gates which close the en- trance to the graveyard. But all precautions have been in vain. The gates have been again and again broken open, the graves entered, and the tomb desecrated. The edges of the granite obe- lisk over Jefferson's grave have been chipped away until it now stands a misshapen column. Of the slabs placed over the graves of Mrs. Jefferson and Mrs. Eppes not a vestige remains, while of the one over Mrs. Randolph only fragments are left' "And I thought how much more in keeping with his sense of freedom and love of nature if, instead of erecting a statue to him in Washington, the Nation whom he loved so well were to 39701—10306 10 purchase and preserve forever to his memory the house and grounds and graveyard at Monticello, new owned by Mr. Jeffeb- son Levy, of New York. " He is not one man's man. He belongs to the people who love hiin, for that be first loved tbern. He belongs not only to us and our people but to the people of all the world wherever liberty is. And their one wish is to be free to lay upon his grave a Nation's tears. It is my one wish, too. QUOTATION FROM THE WRITINGS OF COKNBLIS DB WITT. The nobler emotions of Democracy are of short duration ; it soon forgets its most faithful servants. Six months had not elapsed when Jefferson's furniture was sold at auction to pay his debts, when Monti- cello and Poplar Forest were advertised for sale at the street corners, and when the daughter of him whom America had called " the father of Democracy " had no longer a place to rest her bead. (Thomas Jeffer- son, Etude Ilistorique sur la Democratic Americaine; par Cornells De Witt, p. 3b0.,» MR. JEFFERSON'S LETTER TO MR. MADISON. You will have seen in the newspapers some proceedings in the legis- lature which have cost me much mortification. * * * Still, sales at a fair price would leave me competently provided. Had crops and prices for several years been such as to maintain a steady competition of substantial bidders at market all would have been safe. But the long succession of years of stunted crops, of reduced prices, the general prostration of the farming business under levies for the support of manufacturers, etc.. with the calamitous fluctuations of value in our paper medium, have kept agriculture in a state of abject depression, which has peopled the Western States by silently breaking up those on the Atlantic, and glutted the land market while it drew off its bidders. In such a state of things property has lost its character of being a resource for debts. Highland in Bedford, which, in the days of our plethory, sold readily for from $50 to $100 the acre (and such sales were many then), would not now sell for more than from $10 to $20, or one-quarter or one-fifth of its former price. Reflecting on these things, the practice occurred to me of selling on fair valuation, and by way of lottery, often resorted to before the Revolution to effect large sales, and still in constant usage in every State for individual as well as corporation purposes. If it is permitted in my case, my lands here alone, with the mills, etc., will pay everything and will leave me Monticello and a farm free. If refused, I must sell every thing here, perhaps considerably in Bedford, move thither with my family, where 1 have not even a log hut to put my head into (the house at Poplar Foresl had passed out of his possession), and where ground for burial will depend on the depredations which, under the form of sales, shall have been committed on my properly. The question, then, witli me was utrum horum. But why afflict you with these details Indeed, I can not tell, unless pains are lessened by communication with a friend. The friendship which has subsisted be- tween us, now half a century, and the harmony of our political prin- ciples and pursuits have been sources of constant happiness to me through that long period. And if I remove beyond the reach of atten- tions to the university, or beyond the bourne of life itself, as I soon 39701 10S9G 11 must, it is a comfort to leave that institution under your cam, and an assurance that it will not be wanting. It has also been a great solace to me to believe that you are engaged in vindicating to posterity the course we have pursued for preserving to them in all their purity the blessings of self-government, which we had assisted, too, in acquiring for (hem. If ever the earth has beheld a system of adminlsti conducted with a single and steadfast eye to the general interest and happiness of those committed to it — one which, protected by truth, can never know reproach — it is that to which our lives have beeB de To myself you have been a pillar of support through life. Take care of me when dead, and be assured that I shall leave with you my last affections. A DESCRIPTION OF MONTICELLO. (By Due de la Rochefoucauld-Liancourt.) Monticello is situated 3 miles from Milton, in that chain of moun- tains which stretches from James River to the Rappahannock, 28 miles in front of the Blue Ridge, and in a direction parallel to those mountains. This chain, which runs uninterrupted in its small extent, assumes successively the names of the West, South, and Green Moan tains. It is in the part known by the name of the South Mountains that Monticello is situated. The house stands on the summit of the moun- tain, and the taste and arts of Europe have been consulted in the formation of its plan. Mr. Jefferson had commenced its construction before the American Revolution; since that epoeha his life has been constantly engaged in public affairs, and he has not been able to com- plete the execution of the whole extent of the project which it seems he had at first conceived. That part of the building which was fin- ished has suffered from the suspension of the work, and Mr. Jefferson, who two years since resumed the habit s and leisure of -private life, is now employed in repairing the damage, occasioned by this interruption and still more by his absence; he continues his original plan, and even improves on it by giving to his buildings more elevation and extent. He intends that they shall consist only of one story, crowned with bal- ustrades; and a dome is to be constructed in the center of the struc- ture. The apartments will be large and convenient; the decoration, both outside and inside, simple yet regular and elegant. Monticello, according to its first plan, was infinitely superior to all other houses in America in point of taste and convenience, but at that time Mr. Jeffer- son had studied taste and the fine arts in books only. His travels in Europe have supplied him with models; he has appropriated them to his design; and bis new plan, the execution of which is already much advanced, will be accomplished before the end of next year, and then his house will certainly deserve to be ranked with the most pleasant mansions in France and England. Mr. Jefferson's house commands one of the most extensive prospects you can meet with. On the east side, the front of the building, the eye is not clicked by any object, since the mountain on which the house is seated commands all the neighboring heights as far as the Chesapeake. The Atlantic might be seen, were it not for the greatness of the dis- tance, which renders that prospect impossible. On the right and left the eye commands the extensive valley that separates the Green, South, and West Mountains from the Blue Ridge, and has no other bounds but these high mountains, of which, on a clear day, you discern the chain on tiie right upward of a hundred miles, far beyond James River; and 30701 - 10800 12 on the left as far as Maryland, on (ho other side of the Potomac. Through some intervals formed by the irregular summits of the Blue Mountains, you discover the Peaked Ridge, a chain of mountains placed i c: \ o the Blue and North Mountains, another more distant ridge. But in the back part the prospect is soon interrupted by a mountain more elevated than that on which the house is seated. The hounds of the view on this point, at so small a distance, form a pleasant resting place, as the immensity of prospect it enjoys is perhaps already too vast. A considerable number of cultivated tields, houses, and barns, enliven and variegate the extensive landscape, still more embellished by the beautiful and diversified forms of mountains in the whole chain of which not one resembles another. DEScnirTiON of monticello. (By Lieut. Hall, of the British Army.) Having- an introduction to Mr. Jefferson (Mr. Hall writes), I as- cended his little mountain on a line morning, which gave the situation its due effect. The whole of the sides and base are covered with forest, through which roads have been cut circularly, so that the winding may be shortened at pleasure ; the summit is an open lawn, near to the south side of which the house is built, with its garden just descending the brow; the salon, or central hall, is ornamented with several pieces of antique sculpture, Indian arms, mammoth bones, and other curiosities collected from various parts of the Union. I found Mr. Jefferson tall iu person, bul stooping and lean with old age, thus exhibiting the fortu- nate mode of bodily decay which strips the frame of its most cumber- some parts, leaving it still strength of muscle and activity of limb. His deportment was exactly such as the Marquis de Chastellux describes il above 30 years ago. "At first serious, nay, even cold," but in a very short time relaxing into a most agreeable amenity, with an unabated How of conversation on the most interesting topics discussed in the most gentlemanly and philosophical manner. I walked with him round his grounds, to visit his pet trees and improvements of various kinds. During the walk he pointed out to my observation a conical mountain, rising singly at the edge of the southern horizon of the landscape; its distance, he said, was -10 miles, and its dimensions those of the greater Egyptian pyramid; so that it actually represents the appearance of the pyramid at the same distance. There is a small cleft visible on the summit, through which the true meridian of Monticello exactly passes; its most singular property, how- ever, is that on different occasions it looms or alters its appearance, becoming sometimes cylindrical, sometimes square, and sometimes assuming the form of an inverted cone. Mr. Jefferson had not been able to connect this phenomenon with any particular season or state of the atmosphere, except that it most commonly occurred in (he forenoon. He observed that it was not only wholly unaccounted for by the laws of vision, (ml thai it bad not as yet engaged the attention of philoso- phers, so far as to acquire a name; that of •'looming" being, in fact, a term applied by sailors to appearances of a similar kind at sea. The Blue Mountains are also observed to loom, though not in so remark- able a degree. * * * I slept a night at Monticello, and left it in the morning, with such n feeling as the traveler quits the moldering remains of a Grecian temple, or the pilgrim a fountain in the desert. It would, indeed, argue a great torpor, both of understanding and heart, to have looked with- out veneration or interest on the man who drew up the Declaration of yM7»il 1089G 13 American Independence, who shared in the councils hy which her free- dom was established; whom the unbought voice of his fellow citizens called to the exercise of a dignity from which his own moderation im- pelled him, when such an example was most salutary, to withdraw ; and who, while he dedicates the evening of his glorious days to the pursuits of science and literature, shuns none of the humbler duties of private life; but, having a seat higher than that of kings, succeeds with graceful dignity to that of the good neighbor, and tx oes the friendly adviser, lawyer, physician, and even gardener of his vicinity. This is the still small voice of philosophy, deeper and holier than the lightnings and earthquakes which have preceded it. What monarch would venture thus to exhibit himself in the nakedness of his humanity? On what royal brow would the laurel replace the diadem? But they who are born and educated to be kings are not expected to be philosophers. This is a just answer, though no great compliment, cither to the gov- ernors or the governed. ONE WISH AND A W1T.L. (The day of Thomas Jefferson's birth, April IP., 1743.) " Since writing down my wish, I was running over some volumes the other day, when my eyes fell upon an old record showing that I am not the only one who believed the people of the United States should own Monticello, the birthplace, home, and burial place of Thomas Jefferson, author of the Declaration of Independence. "My wish, I find, is supported by the wish and will of the ancestor of the present owner. "How curious it is that HO years ago just this March the then owner of Monticello, whose name was Uriah P. Levy, should have died in the city of New York, and before dying should have made a wonderful will, a will to secure Monti- cello to the people of the United States. Part of this will I found is in the Reports of New York Court of Appeals, vol- ume 33, page 97, and in Barbour's Reports, 40. Here is what the report says: " Uriah P. Levy, the testator, died in the city of New York, where, he was domiciled, in March, 1852, leaving surviving a widow, brothers and sisters, nephews and nieces, his heirs at law and next of kin. He died seized of real estate in the city of New York of the value of §200,000, and his personal property was inventoried at 8131,000. lie also was the owner of a farm at Monticello, in Virginia, containing between 2,000 and 3,000 acres (formerly the residence of President Jefferson), and another estate, called the Washington farm, of about 1,100 acres, with the tanning Implements, cattle, etc., on both prop- erties. " By his will, after other provisions, the testator devised his farm and estate at Monticello, together with the residue of his- estate, real and personal, 'to the people of the United States, or such persons as Congress shall appoint to receive it, in trust, for the sole and only purpose of establishing and maintaining at said farm of Monticello, 39701- 1089G 14 in Virginia, an agricultural school for the purpose of educating as practical farmers children of the warrant officers of the United States Navy whose fathers are dead,' etc. But should the Congress of the United States refuse to accept the bequest or to take the necessary s;.j^ to any out the testator's intention, then he devised the same 'to the people of the Slate of Virginia, instead 1 of the people of the United States, provided they, by acts of their legislature, accept it and carry it out, as herein directed.' And should the people of Vir- ginia, by the neglect of their legislature, decline to accept the said bequest, then he gave the same to certain Hebrew congregations in the cities of New York, Philadelphia, and Richmond, 'provided they pro- cure the necessary legislation to entitle them to bold said estate and stablisb an agricultural school at said Montioello for the children aid societies who are between the ages of 12 and 10 years and whose fathers are dead, and also similar children of any other de- nomination, Hebrew or Christian.' "Item: I direct m; rs, hereinafter named, or such of them as shall qualify, lo invest the funds as fast as they accumulate, and to hold the whole of the property and estate hereby devised and uc- qucathed for said school and in their hands until the proper steps have l een taken by Congress or the Legislature of Virginia or the said Hebrew benevolent congregations to receive the same and discharge said executors. "Lastly. I appoint the Hon. Benjamin F. Butler, David V. S. Cod dington, Ashel S. Levy, Lsq., and Joseph II. Patten, Esq., counselor at in the city of New Y/ork; Dr. Joshua Cohen, and Jacob I. Cohen, his brother, of Baltimore; George Carr, Esq., attorney at law, Char- lottesville, Va. ; and Dr. .John P.. Blacke, of Washington City, executors (f this my said will and testament and trustees of said estate, and in case of the death of either of my executors or trustees or their relinquishment or inability to a..t I direct that the remaining qualified :iors or trustees act without them.'' "Uriah P. Levy died March 122. LS62. His will was admitted to probate .Tunc 9, 1S62. The executors qualified June V2, 1862. Resolution (S. No. 137) \\ . duced in Congress and con- curred in by both Houses on March ::. 1S63, the lasl day of the session. In the Congressional Globe of that date we read: "Mr. Fessexdex. I wish to introduce a joint resolution to which nobody Kill object; it will explain itself on being read. It is very necessary to pass it immediately. "By unanimous consent leave was given to introduce the joint reso- lution ( S. Xo. 137) in relation to erty devised to the people of the United States by Capt. Uriah P. Levy, deceased, and it was read the first time. "It proposes to accept the devise and bequest of Capt. Levy of his Monticello farm in Virginia and his real estate in New York City in trust, to establish and maintain at Monticello an agricultural school for the education of the children of warrant officers of the Navy and to appoint William M. Eva. its. Erastus Corning, and Lewis P.. Woodruff, of New York, to receive the property and report their proceedings to the next Congress. "Mr. Fesskndex. It will be observed that this will bequeaths a con- siderable amount of property — it is said to amount to about $."00,000, including an estate at Monticello and a considerable estate in the city 39701— 1089G 15 of New York- to the Government of the Doited States. The whole amount bequeathed, I am told, will reach that sum. The only question is whether Congress will accept it for the purposes therein named. It L for the consideration of Congress. I understand that if the United Stairs refuse to accept it. then it is devised to the State of Virginia; and if they refuse to accept it, then to somebody else. " .Mr. Harris. We must accept a lawsuit with it. I understand the heirs are contesting the validity of the will. " .Mr. Fi:ssr;.\"Di:\. I submit it to the consideration of the Senate. " Mr. Latham. I should like to inquire of the Senator from Maine whether there is any limitation as to the time within which the bequest must be accepted? "Mr. Fessenden. All I know about it is precisely what appears In the resolution itself. It was brought into the committee by the district attorney of New York. We had no time to examine it. He said to me that it was believed the estate devised would amount to about $300,000. I was not aware that there was any litigation about it. "Mr. COLLAMER. I understand that the form of the devise is this: The property is given first to the United States: if riot accepted by them, then to the State of Virginia; and so on.- I suppose that under. such a devise the United States ought to manifest their intention to receive it in some reasonable time. 1 will ask bow long it is since the man died? I do not know, but I think it is within a short time. "Mr. GRIMES. About a year, I think. "Mr. Collamer. It seems to me that Congress should at the earliest session after being informed of the fact manifest its willingness to receive the devise or not. Perhaps it might be construed by the courts as rejecting it if they did not accept if at the first session after they were informed of the fact. Perhaps not. however. I give no opinion on that i idea would be thai uc had hdler accept it at any rate. "Mr. Harris. The Senate, in acting upon this resolution, ought to understand the precise position ,>f the property in question. The heirs of ('apt. Levy have already commenced a sail in equity for the purpose of having this icill declared void. That suit is now pending in the courts of New York, and if the Government accept this donation un- doubtedly we shall have to take with it a severe litigation in the courts of New York in reference to it. I have no objection at all to accept- ing it. pu1 it should be understood that the matter is to he litigated, and will be litigated, with great severity by the heirs of Capt. Levy. " Mi-. DOOLITTLE. I suppose this would be the rule. It is for us to determine whether to accept it. and we ought to have a reasonable time for that purpose. For the first lime this morning, as I understand, it is brought to the atb Qtion of the Committee on Finance and presented to the Senate. Now. if we should, under these circumstances, lay it over until the next session of Congress, it could not he said that we were asking any unreasonable time. * * * '• So while the joint resolution in relation to the property de- vised to the people of the United Stales by Commodore Levy was still pending, and in less than a year, before the United States could take steps to accept or refuse the devise, though Commodore Levy had plainly directed in his will that his executors hold the whole of the property and estate devised and bequeathed in their hands until proper steps could be taken 39701— 1089G LIBRARY OF CONGRESS 014 441 899 2 16 by Congress to receive the same and discharge the executors, the executors of the will, it seems, brought an action ' to obtain a judicial construction of the testator's will ' and to construe its meaning. Of course, to you and me, the meaning does not seem in doubt at all. But, any way, the case went to the court, and there it was decided on the technical ground of ' in- definiteness,' in New York general term, November 30, 1SC0, that Uriah P. Levy's wish, which was solemnly written in his will, must go for nothing, and the outcome of it was that Mon- ticello came into the possession of Jeffekson M. Levy, instead of the people of the United Stales, to whom it had been left iu trust. - ' oOTOl—lOSOG o LIBRARY OF CONGRESS 014 441 899 2 •