The Sun.
London, England, 1823-05-27 00:00:00

CAUBRIDGX.

(Prom the Cambridge Chronick of May 23,1823.)'
TO THE EDITOR OF THE CAMBRIDGE CHRONICLE.
Sin—l have to request that you will allow me to circulate
the following letter through the medium of your Journal. It
is addressed to the Members of the Senate, more especially to
those who have opposed the claims set up by the Heads of Col-
leges to nominate to the Professorship of Mineralogy. For the
facts and opinions contained in it, I alone am responsible, and
I hope you will consider my name a sufficient warrant or its
publication.

I am, Sir,

Your most obedient Servant,
A. SEDGWICK.

Trin. Coll. May 14, 1823.
TO THE MEMBERS OF THE SENATE OF THE

OF CAMBRIDGE.
GENTLEMEN,—Had judgment been given by the Court of
King's Bench as soon as was anticipated, respecting the right
asserted by the Heads of Colleges to nominate to the Professor-
ship of Mineralogy, I should have addressed a letter of some
length to the Members of the Senate, with a view of supplying
the omissions. of my affidavit; and of invaliding the statements
made by those who have been opposed to us. But our cause
is, unexpectedly,' still before the Court, and in a few days I
shall be obliged to. leave the University for.the long vacation ;
I am therefore compelled to withhold my observations alto-
gether, or to e 'Empress them into their present form.
The affidavit on which all our proceedings were founded,
was prepared with so much haste, that I was, at the tirne,.de-
ficient in many points of information which might greatly have
strengthened oar case, and would certainly have driven our
opponents from a great part of their present line of defence--
Some statements were withheld out of pure forbearance ; yet
this very forbearance has been made the foundation of an ar-
gument against us. For this reason I feel.compelled to lay
before the Senate an account of one part of the transaction with
which no other persons were concerned, except Dr. French
and myself. This I shall do as shortly and. as plainly as I
can ; actuated by no wish but that of bringing a true statement
of this very important case fairly before the University.
Whatever may be the termination of the cause which is now
pending, I venture to assert that, had we been enabled to bring
all the facts connected with it before the Judges of the King's
Bench, and to-join issue on the single question of nomination,
they would not have hesitated in deciding, that the Heads had
no right to nominate to the Professorship ofhlineralogy. And
let me further observe, that this was originally' the only subject
of dispute. For the Heads offered us no choice, except that of
allowing their nomination or rescinding ourgrace of founda-
tion.
Had this alternative been accepted, we should at once
have established this monstrous proposition—that hereafter no
office shall be created by the University unless the Heads be
allowed to nominate to it.
Should it appear that OUT proceedings have been conducted
with some unperceived informality, or that there is something
in the nature of the Professorship of Mineralogy which may
exclude us from the remedy of a mandamus, we shall still be
able to justify ourselves to the University by stating—that our
proceeding*. have not been voluntary—that they have been,
from first to last, purely of a defensive character—and that we
have only sought that kind of lemedy which was pointed out
to us by our legal advisers. But our opponents, should they
fail to make out a complete justification of every part of their
proceedings, will have no such excuse to offer. What they
have done, was done voluntarily ; in a way which was contrary
to the long-established usage of the University ; and in defiance
of a strong, but respectful, representation, which was signed
by a great majority of the resident Members of the Senate.
On the abstract questions of law connected with our argu-
ment it would not perhaps become me at any time to speak,
and still less at the present time, while the cause is pending.—
They have been ably handled by the late Professor Christian ;
and before long they will be elucidated by one who has it in
his power to do ample justice to the subject. My observations
will, therefore, be directed to this one question. What
was the meaning of the , proposed by Dr. French, by
which the Professorship o Mineralogy was continued ?
race
It is hardly necessary for me to state that this grace was in
the following words:--
" Cum per mortem Edvardi D. Clarke nuper Professor's MI.
" neralogue munus istud jam vacans existit ; Placeat vobis, ut
" alias ad idem munus exequendum a vobis eligatur.-150
Mali, 1822." '
In order to come at the true meaning of the grace, I only
wish to have answers to the following questions:-.,.1. What did
Dr. French understand by the wards when he proposed them
to the Senate ?-2. What did the Senate understand by them,.
when they were accepted and ratified ?-3. Have the words of
the grace been ever used before ; anoorethat- eese, neve they,
received any interpretation by the practice of the University?
It is principally with a view of answering the first of these
questions that I now address the Members of the Senate.
After the death of Dr.' Clarke there was some difference of
opinion on the expedieney of continuing of Professorship of
Mineralogy. The subject was discussed in many parties when
I was present ; yet in no instance do 1 recollect that the ques-
tion of nomination by the Heads was started ; for it was consi.
' demi a matter of course, that if any grace of foundation went
through the Senate, the office Would be filled up in a way
which was conformable to the customs of the University In
' electing to Professorships. I had also opportunities of con-
versing with some of the Heads of Houses,on the same subject;
and 1 was sorry to observe, in certain high quarters, an un-
willingness to continue the appointment. lut not a word was
ever mentioned about the right of nomination. It was against
the office itself that some objections were raised, and not against
any particular mode of electing to it. Indeed, if the office it-
self were an evil, I cannot comprehend bow the evil would be
diminished by appointing to the office by nomination.
During this time Mr. lenslow was empleyed in soliciting
the interest of the resident Members of the Senate ; ind it soon
appeared that if the Professorship of Mineralogy were esta-
blished, his election would be perfectly secure.
In cases where offices are filled after previous nomination, it
is absolutely necessary for the candidates to make such interest
with the Heads as may secure their nomination. Without
this, the support of the Senate is of no value. Yet lam quite
certain that at this time Mr. Henslow did not call on the Head* to
solicit their votes at the nomination:and for this plain reason,
that no nomination by the Heads was at that time thought of
by any party in the University.
Dr. French (then Vice-Chancellor) appeared to take an inte-
rest in Mr. Henslow's success; and not long after Dr. Clarke's
death, promised to bring forward a grace for continuing the
vacant office. In consequence, however, of some unexpected
delay, the term was far advanced before the notice for this
grace was published ; and Mr. Henslow (who was only anxious
about the consent of the Caput) requested me to call on the
Vice-Chancellor in order that, if possible, some day might be
fixed for bringing
according waited on Dr. French about the 10th or 12th of May,
the question finally before the Senate. 1
and he informed me that he intended to propose a grace oree
certain day (I believe tile 15th.) We had then some further
r
ir
conversation, in which Of my memory does not deceive male,
s
agreed that the grace would probably be rej!ctmed hrtneforin in
Dr. French afterwards oceetk
which the grace would lifi -k tas-id that the Botanical
il
rErFie-c'edent, which he thought it
oersonlAi.-wis
or, he observed, that the first Botanical Pro.
fessor had been appointed (like Dr. Clarke) by a special grace;
and that at his death a grace passed the Senate to continue the
Professorship. With all this I was perfectly satisfied for at
thatkime I was ignorant of the forms which had been used in
establishing Professorships ; and I knew, as a matter of general.
notorietyy, that the Botanical Professors had been elected by
open poi.
Dr. French then produced a paper, containing an extract
from the Registrary's book, and reed the words by which the
Botanical Professorship had been '':eunded. With the excep-
tion of the proper name, they were identical with the words of
the grace of May 15th, 1022, which has been already quoted.
I was somewhat struck with the vagueness of this grace,
especially as it fixed no day of' election, and this was the sub-
ject on which Mr. Henslow was moat anxious to receive infer/
Illation- After Making some remarks on this subject, Dr.
should
day of election by
French replied, that this was provided for, and that if his grace
the Senate.
Pa", asVice.Chancellor, should give notice for a
That these were very nearly the words used by Dr. French.,
and that they convey the exact effect of his words, I am per-
fectly certain ; and, if' called upon, I am ready to confirm my
assertion with the sanction of an oath. bet it be considered i
that Dr. French took as a precedent the very words which, in ,
'
the case of the Botanical chair, had been the foundation of an
election by open poll, and had before his eyes the notice for
an open election after that foundation had been established by
a vote of the Senate. How then was it possible for me not to
believe that Dr. French intended his grace to give the right of
election by open poll ? To suppose the contrary, would in-
volve the supposition of some mental reservation, on the part of
Dr, French which would be highly discreditable to him. I be-
lieve Dr French incapable of such mental reservation.
From the time our conversation ended, _ till, if I mistake not,
the second or third day after the grace of Dr, French had pissed
the Senate, the idea of nomination never entered my thoughts.
Then, for the first time, I heard, with great astonishment, that
the Heads intended to nominate to the office we had established.
But it may he said, that Dr. French had changed his mind be-
fore the grace was proposed. In that case, he ought also to'
have changed the. words of our foundation. The supposition is,.
however, untrue. For I know On the beit authority,though I am
not at liberty to mention the name of my author, that a day or
two after the grace passed the Senate, when he was informed
that the Heads claimed the right of nomination, Ile expressed