The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1858-03-27
CITY INTELLIGENCE.

ing me that the Supreme Court had passed decree
OF partition OF the estate, in conformity with the re-
port made by the experts some months ago.
Inc amount which is likely to come into possess
sion OF the city OF Baltimore under this decree has
been variously estimated, and if judiciously man
aged and disposed Of ought not to fall short of six
hundred thousand dollars. portion of this fund
Is already in the hands of the commissioners from
the accumulations of former years.
The attention of your honorable body is respect
fuliy asked to the Importance of early action in
reference the use and appropriation of this fund.
The will of the late John McDonogh, as you are
aware, contained provisions which were found
TO pc lmpracticable, and which the courts decided
on this account to be imperative. 1t is however
not to be questioned that the one leading object of
the testator was the education of the poor and in ac-
ceptlng this bequest, the city of Baltimore incur
RED the obligation of carrying out in good faith the
intentions OF the WILL as inferred from a just and
reasonable Interpretation of that instrument.
The counsellor of the city, to whom this subject
was referred, and whose opinion is herewith sub
mtted, takes occasion to say that the corporation
upon accepting the beneficent legacy left by Mr.
McDonogh, is legally bound to employ it in such
way as will most effectuay accomplish this object,
ana that 1t cannot be diverted to any other of the
ordinary purposes of the municipality" Mr.. JUS
uce Campbell, in the opinion of the Supreme Court
upon the McDonogh will, SAYS eve must look to
conveyances he has made in the instrument the OBJ
Jects they are fitted to accomplish, and the agen-
cles (lf any to be employed, and endeavor to
frame them into consistent end harmonious plan
accorddnt CM his leading and controlling Intention
In reference to his controlling purpose there can be
no mistake. He says that the first principal and
eh'et object in his mind is the education of the poor
of the two cities"
In executing this important trust, it will be ne
cessafy TO inquire In what way and upon what plan,
the intentions of the testator can be most success
fully carried out.
The education of the poor of this CITY has not
Jailed to engage full share of the attention of our
nr1th hon a,,l
introduction of school SYSTEM which it is believed
compares favoraby with those of other cities This
mas become a part of the permanent organization of
our city government, and is sustained by regular
annual tax imposed for that purpose
1t could not have been in the contamination of
the testator that the bequest so literally bestowed
upon Baltimore, should be incorporated with any
OF the existing plans for the education of the DOOR
In fact, we have conclusive evidence that Mr.. Nc
Donogh designed to establish an institution of his
own-peculiar in its characteristics and distinct
from any other. If the mpracticability of his re,
concentrations makes it impossible to execute this
purpose, in the mode designed by him, the obliga
ton still remains to conform as strictly to his wish
es as circumstances will permit.
There are various modes of educating the poor
In the city OF Baltimore the most feasible have beer
anticipated in the system now in successful opera
ton. The object to be accomplished in carrying
out the intention OF the testator will be to dispense
the greatest amount of good in view of the provis
ions and in aid of the system already established
The multiplicity of all grades of primary and high
schools within our limits, would seem to have met
the wants of the community in this Particular
What appears to me to be the most needed to com
plete this system, is an institution properly en-
lowed for the maintenance well as the education
of the poor As yet no such institution exists il
this city, and its utility cannot for moment b.
questioned.
In carrying out the will of Mr.. McDonogh, it oc
ours to me to be an object of primary obligation t.
Keep this legacy separate and distinct-and indie
pendent of all other charities devoted to purpose
of education-in order that while it accamplishe
the leading object intended to be met, it may stan'
IN all future time as monument of the iberalit,
and public spirit of the generous donor. With thi
view it should bear his name.
throw out these hints in order that the subject
may be brought prominently before your honora-
BILE body, and receive the consideration to which il
is entitled.
The ordinance passed September %, 1854, will re
quire modification, and reorganization of the boar
authorized by the council, upon such plan as will
best conduce to an early and economical transfer
the interest represented by the city, to a board @
agents to be appointed here, whose duty it shall
to act trustees of this fund.- and attend to its re
gular in such securities you may direct
The loan of your own city would perhaps be tn
most advisable. would strongly urge that no par
OF the principal of this bequest be alienated.
In the event OF the adoption of plan looking t
the establishment of an institution for the mdinte
nance aud education of poor BOYS to be taken from
all parts of the city, would suggest that the ac
crulng interest only upon the fund be appropriate
towards the purchase, at proper time, o
convenient site and the erection of suita
BILE buildings without encroachine upon the ,,riuc;
pal, that when this preliminary work is accom-
pllshed, the institution may commence with an en-
dowment of not less than half million of dollars
should so much be realized.
have deemed it my duty to make these recon
mendatlons to your honorable body, with the as
surance at the same time, that | ready to co
operate in any measure which may be found mos
in harmony with the provisions of the will and ac
ceptable to the people of the city.
A reference of the whole subject to Joint selec
committee from both branches NAV aid in awaken
ing the proper interest, and giving direction to
subject OF more than ordinary Importance to on
people.
With great respect, your obedient servant,
THos. SWAMI, Mayor.
The following is copy of the opinion of G. L
Dulany, Esq, referred to in the foregoing commu
nication:
BALTIMORE, March 10, 1858.
10 Hon. THOMAS SWAMI,
Mayor Of the City Of Baltimore:
DEARSIR: \ GU desire to know what power the MAY
or and City Council of Baltimore possess over the leg
acy bequeathed to it by the late John McDonogh. Ii
answering this question | shall assume, that the
legacy has come to the possession of the city upon
title decided to be valid
Sec. 10 Howards Reps. 49, 413 As to the appli
cation OF any portion Of the money received or t.
NC IeCeiNeu, ny the corporation, TO the purpose o.
establishing school farm, according to the scheme
set forth in the will of Mr.. McDonogh, or indeed
upon any other plan it seems altogether ont of thu
question, and is in respect binding upon the city
IL does not fall within the powers objects of ou
acts OF Incorporation But the establishment of free
schools for the education of the poor at the same
time that it would CRAFTY the terms of the WILL and
etectuae the object, of all Others the most sacred
IN the eyes of the testator, would be also within the
limits OF the powers granted by the charter (set
act of 1912, CHI S6,) and promotive of its policy
such being the case, it appears clear, that the
corporation upon accepting the benefcent legacy
left by MIR. McDonogh, is legally bound to employ i
In such way will most effectuay accomplish his
object, and that it cannot be diverted to any other
OF the ordinary purposes of the municipality With
regard, however, to the particular and complicated
machinery devised by the testator, as instrumental
IN carrying out his scheme for the general education
OF the poor 1t is to be observed that the corporate
authorities are not obliged to adopt it; they NAV en-
ploy such agencies and modes of action as in Their
wisdom may seem better adapted to attain the same
END That the legacy must be used as destined by
Mr. McDonogh, apart from any legal reasoning, is
evident from consideration of the decision of the
Supreme Court, Is Howard, p. 367.
Mr.. Justice Campbell in delivering the opinion of
that court upon the construction of McDonogh's
Will, says, Up. 403)-"We must look to the con-
veyances he has made in the instrument, the objects
they are fitted to accomplish, and the agencies if
any to be employed, and endeacor to frame these
into aconsistem and harmonious PLAN accordant aeih
ms Nodthg ana cohroahg intention. In reference TO
has controlling purpose there can be no mistake"-
He says, that the first, principal and chief object in
his view, is the education Of The poor OF the two
cities-' And again, Up. 414) the judge proceeds
to remark, owe are of the opinion that the uses
for which the testator has devised his estate to the
city of Baltimore, approved alike in the egisla
ton of Louisiana and Maryland, and that the erecu-
ton Of them may be enforced IN their courts"
Very respectfully,
Your obedient servant,
Il. IL. DULANY, City Counsellor
THE MOZART SoCTETY.-This popular and well con-
Quoted singing association, gave another of their
grand soirees on Thursday evening at their hall
Lexington street. The room was well filled by a