Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1853-08-13


ISIS, To THE TRUSTEES OF HAMPDEy SIDNEY,
COLLEGE, ARE INSTRUCTED TO pEFESD rur
POSITIONS TAKEN IN THAT MEMORIAL.
We wish to come directly the fcs aud to IN,
egtimately flowing from these facts For hi. rea.o, -
VIII only aude at present to the aspersoa OF ruo,xs
to the appeal TO sectaan ealousiesand 70 other
Gus ma tiers aTuy thrown into the manifesto Of the c
iege Faculty. The intelligent reader will reco,n ,h,
device to divert the public mind from the true s,ae bu,
the cause Of truth and justice need no such vaapon.
We intend to conduct this discussion with c.nne. Va.
with the rmness Of men knowing their rights and de.r
mined to maiatain them.
cannot but notice tho pspabls disingsnaousness OF
the College Faculty when they charge us with -
Jo's"d" puolc sentiment 10 addressing the Pr,stecs
through tie medium of the public prints II, fpe,ecx
notorious that one OF our city papers violen,l ss..is
The action OF the Truseosin in the late election mpurnnz
the motives OF all having any agency In that el>tion-
ihese assaults preceded any public appe on our
They we're repeated from time time containing state
nents and Information which could be furnished oolv h
member or members Of the College Faculty These ar.
ees and the address Of the College Faculty bear the sam.
eshmarks-the former indicating the method of warfare
carried on by the latter both without doubt are
ron one common fountain But pass these and other
points Of just Snimadverson for the uresent w. ;.h
/ TO come TO the facts from the records ID,
In their address the Faculty Of the CoIeoe .i,.i,
that upon the establishment Of the Medical .p.r,oo,
Ia December, 1887 there such contract he,ve.,
the Trustees and Medical Faculty IA sear,ea A., r. 49,
substantially the power Of appointing Professors and of
comforting degrees" II this true their rights woad
be clear and unquesoned; but here we ion ssue and d
maud the evidence Of any such contract We are no -
yers and have yet taken advice but e are no,
legal advice has been taken ~
IL any contract entered into on the first Of Decen
per 1851 between the Trustees of Hampden sidney Col
T anu .ne Faculty substantially comforting the latter
gee then the record OF the of establishment oughe
70 sho" contract and the articles the of
me estanshment ought 10 specify the transfer oI power
we assert that the records Of Boa a OF hov
no such contract and recognized no parties IL
OF creation the part the Trustees and No
indeed there was no Medical Faculty treat with Their
creation as Faculty act subsequent TO the or0an
1ation OF the Department But it may be said that the
President and Trustees Of Hampden Sidney College ested
with private individuals We ask for the evidence and
terms OF such treaty In volume pages l9j to lee of
the Records OF the Board, dated Dec ist 1891 we find
simple resolution TO establish Medical Department In
the city Of Richmond. This done by virtue of IN
power OF charter granted in 1888 The action under
this resolution consists OF twelve sections Organizing the
Department and defining the duties of Professors Not
one OF these sections contains the least shadow of thesh
sana right OF the Faculty to appoint Professors or even
TO nominate them. Not gle clause about the s
tees reservng their right of confirming or rejecting their
appointments; the contrary careful ana guarded lim
taton and restriction upon the powers of the Medical
Faculty evident in all the records In proof of this we
instance the following sections copied from the records
confer diplomas the students or candidates (hus rec
eommendedl II hcy decB tkSDi entitled fhlrefo."
ART 9Th. Provides that the Medical Faculty NAV
make ByLaws, &e,-sH6jeet to the oPproraI of the
Board
Regulation 5th. page ls6-"Each Professor shah re-
eee from every student attending his lectures fee to be
dollars. 10y
We quote these articles to show that the Board of rus
tees IN the organization Of the school distinctly reserved
the power to control it in the miuutest particular
DEFY the production Of single clause contaning
the color Of the right claimed
The enaetmens made with the propositions or the
30 called terms OF union directly before the Board
II the Faculty had really M any terms Of union on
theadopon OF which their entering entering upon the
enterprise was In any sense predeated would they not as
wise men nave seen that these terms were complied with
and their rights in secured and guaranteed
in the organization? They doubtless supplied with
copy Of the action Of the Board
But 10 come back to the records:
After the organization completed we find the Trus-
tees proceeded TO the duty rendered imperative bv her
'e OF 'he eharter OF eeeng suit, able persons the
'1 chairs they had created They once filed four Of
the ProessohPs-Wo being vacant. because there were
no applicants for the places, we presume
What special legislation then had for filing the Sc
vacancies and any vacancy that might occur?
The school has been organized and four of its Pro-
fesiors appointed and commissioned.
IL the requirements Of the charter Of the College pre-
vented the Trustees om concsdng the Faculty tho
organization powers which the Board willing to con.
cede how favorable the opportunity, which presents
itselis
On page l9e Of the records End the following reso-
luton
"st Resolved That the Medical Faculty be authorized
TO select and appoint suitable persons IN f the Pro-
iesorships OF Chemistry and Pharmacy and Surgery
W the Professorhips shall he fr by the President and
rustees of Hanpden Sidney College
'9nd. Resolved shat the Medical Faculty be authorized
necessarily TO supply any vacancy which may occur in
said Faculty until said vacancy shall be ed by the Pre-
sident and Trustees Of Hampden Sidney College"
The powers granted the Faculty these resolutions
are manfesy only tHPorary-in both hsdged in by the
saving clauses, until said vacancies shall be filed hy the
President and Trustees Of Hampden Sidney College, not
word about the RIGHT Of nomination or even the grace
iu intnaOn that Board will when thew meet In du.
form confirm your appointments" But what Is the mean
ing OF the word "NsceslriV" which thrown into the
second resolution? II would the Trustees were
reluctant TO yield even temporary loan oPoWer but
constrained by the necessity Of the case such vacancy
might occur during term of Lectures.
We have placed before the public an the nrticiea
OF organization and resolutions on the records In anv
manner touching upon the rights ana powers Of the Col
lcgc Faculty
They assert there was contraet-it behooves them 70
adduce evidence Of s existence. They have brought
Forward no proof except letters Of Drs Draper and
Carroll and Mr. Watkins. We admit legal opin.
ions proof however dsutercsed until hear the eyi
dcncs on which those opinions based. In a recent
letter from Dr. Draper he gives his "recoifccons OF an
understanding entertained sixteen years ago But Dr.
Draper only professor the Literary Department the
College He had no seat in the Board and consequently
present lie sessions The extracts given from hs
letter clearly show that knew absolutely nothing Of what
done lie tthe power Of nomination Waa grant
chartered rights by eecting.' These elections we're
merely confrmatory in their character and the nomns
tons Of the Faculty be departed rom except
iur grave aud most'obv1us Even in that case
tc Faculty would be required TO nominate different can
ddlte"
AT Nthis is Dr. prapcrs recollection Of an "undersand
ing between parties sixteen years sgo. Frorp whence
does Dr. Draper derive an these specdcadou-7 There j.
ro;h Ike them n i the articles OF organz ttion or tho
records Of the Board the recollection Of Trustees Are
Dds rccoeci0r- Of understanding entertained and act
Cd upon sixteen wears ago by corporate body Of which
De- was not member. % outweigh the records and
cuunterpoisc The mem ries Of nine members Of that
body, many Of whom present az that mceing-and
on ot whom have recorded their votes under the solemn
'anctit7 Of official oath, 10 opposition NJ Drapers
rccollccous
Dr. Draper iuormsus that be holds apfossc shp IN ons
the modern schools IN which al tho -ubstania powers
concentrated 10 hc hands 2f ihe faculty The Old
established schools have ascertained are entirely un-
der the control Of Trustees Regonm-the Faculiy
cla'mirg and ercisng power)
Ia number vii consider Dr. CAROLS letter.
We ai consider 30 in immediate connection With he acts
3D. av.ir ala