Mr. FESSENDEN. I did not an pose the remark was meant for any individual) particularly; but the remark was general, that he did not wish to advertise our enemies that we had no particular a reciation of the patriotism of those who stoodlliy us. That was the substance of the closin remark, if I understood it aright, which he a dressed to the Senate. As that would be the natural effect of it, I felt bound to answer it, and to repel what might seem to be a natural inference from what teSentator said; I acquit the Senator most clearly, and I should do it without his disclaimer, of any intention to cast an imputation upon any member of the Senate. Perhaps he was not aware of the inference that would be naturally drawn from the remark itself. Now. sir, I had the highest estimation of Judge Pettigru while he lived, and I believe him, as the Senatbr believes him, to have been a very patriotic, bold, courageous citizen through life, attached to the Republic and ready to make any sacrifice for its good; and so far as I am individually concerned, or concerned as a senator, I should be very glad indeed if, consist ently with my ideas of duty, I could vote to purchase these books for the benefit of his widow and children. It is a small sum, comparatively, and would not press very hard except in connection with the 10,000 other small sums upon our finances; it is the principle of the thing that I object to. And allow me to say that I think we are becoming exceed:ingly loose in our legislation. I am afraid it is becoming too much the habit of Congress to consider everythingasconstitutionalwhich any. body wishes to accomplish, and to find through some construction of some phrase in the con.stitution power enough to do that which we wish to do. I have been connected with public affairs so long and began and have lived with such different ideas from those which I hear familiarly put forth as received truths about which there can bo’no dispute at the present day of the power of Congress under certain clauses of the Constitution, that I come to this matter with a great deal of difficulty; but the style of legislation that we have adopted with reference to many things and the expend iture of public money strikes me as exceedingly dangerous, and affects me with agreat deal of fear with reference to what may be the He closes with the idea result. I have my own notions about that, and stand up to them, and am not responsible for what other gentlemen do or what other gentlemen think; but I am responsible so far as 1 am concerned as aSenator; and if I see very clearly that I cannot vote for an appropriation consistent with my ideas of what the power of Congress is, then, without reference to Judge Pettigru or anybody else, I must act according to my convictions. The mode in which this is got up is only what is commonly called whipping the devil around the stump. It is a mere evasion. We might just as well vote the money in consideration of the services of Judge Pettigru to the republic or rather of his patriotism, for I do not know that he rendere any particular service in any other way; there was no particular danger at the time he became district attorney to his person. We might as well saythat in consideration of his uniform loyalty and uniform devotion to the good of tie country as evinced by his life, and his eminence as a man at the same time, we vote to give his widow $5,000 out of the Treasury. who would think of voting for such approposition? We have no authority to do it, no power under any clause of the Constitution to do it, and it would be a precedent dangerous in itself, and would lead to innumerable evils. Is this anything more than that? I would rather vote for that than vote for this proposition, because then my action would be c car and plain;Ishould not be tryin to dodge a responsibility by putting it in asape where, perha 5, I might get up some excuse for myself; and this is nothing more nor less than that. It is conceded now that we do not want these books. It is conceded that it is nothing but an old lawyer’s old librar, which every ody knows to be almost worth ess in itself; books that we have no particular occasion for, because we have the some books, unquestionably, and many copies of them, all we want. They are old editions of old books accumulated balaw yer iu the long course of his practice. 'here is no more reason why they should belong to the Government particularly, because they were his books, than we should have purchased Jef ferson’s library and Madison’s library and every body clse’s, ifwe did not want them, or any law yer’s library, ifhe was a distinguished man and a friend of his country. If we needed these books and that was conceded, as we have authority to purchase books for the Library, we might do it, and do it with propriety; but on the ground upon which it is put, not that we need the books, not that they are of any comparative value to us, but that we buy them for the sake of making aprovision for his widow which we cannot make by a direct apgropriation, this resolution cannot be sustaine. I do not feel ready to go out and work by the day for the purpose of raising a fund to purchase these books, as suggested by the honorable Senator; but upon my word, I think I should rather do my proportion of the day’s work in order to do it than to vote for a proposition of this kind, which is simply meant to get around or get over a plain proposition with reference to our power under the Constitution by dodging it. That is the whole length, breadth, and thickness of the thing, as I see it, and I rose simply to state the ground on which I put my vote. I cannot vote for it, and I am very sorry that I cannot.