Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1854-03-14


passed. a5rogate that right and thus impair her privileges
II co. the proposition with which is true and II
bill! inpars the obligation OF tho contract OF the orgina
charter itself which the power Of election Ia the Trus
of Hampden Sidney College.
But has been commended by the professors and their nd
vocatcs that Trustees, by of understanding
or agreement transferred 10 The Medical Faculty the poWe
OF nominating their successors.
The first observation which have to make Oh this sub
ec and which presume lawyer will conrovet is, that
the Trustees of Hampton Sidney College had made suct
by deed sealed with their corporate SEAL delivered
and recorded It would have been absolutely aud totally vot
and of effect. The charter Of Hampden Sidney ID 10
nothing different from any other act Of assembly comforting
powers 1t gives certain powers to the Trustees but it doe
give them the authority 10 transfer those powers. The
Trustees of Hamden Sidney could transfer heil
powers 10 It's Medical Faculty nnr u any other body O
men, than The county Court OF Luneuburg could transfer
its powers the county court of Meckcnburg They could
make such transfer OF their powers than the Dan
vile Rail Road Company could transfer the power OF elect
ing its President the South Side Rail Road Company
As far The Senate is concerned, Mr. President might
stop here We have nothing 10 do with understandings rea
pretended
But sir my duty my constituents, OF whom are
members of the Board Of Trustees and participated In the
election of Dr. Wilson, conPes ME to go further into the In
veslgaton Of this pretended agreement contract in re-
gard 10 The RICH; Of nomination. The Board have been &C
cusad sir by unanimous resolution Of The Medical Fdcu
", OF having acted ileeay, uDusy and In direct contra
venion OF tie agreement between the Faculty and the Board
Of Trustees" This charge is made against gentlemen
whose responsibility could not be enhanced by any euogium
from They're accused of having acted egaiy in the
election of rWs6n Yet the law gives to them, and 10 them
alone. the power Of election What law then have they VIC
a,ed1 None, sir Shall The Senate, then sanction this
charge by depvng Dr. Wilson Of his office Can II do so
any other preex than that he has been Illegally eec'eu
Tho Trustees accused OF having acted "ln conavcno
of the gecmen between themselves and The Faculty ana
here Mr. President In the of the Trustees emphatl'
caly deny that there such on agreement II GER
t.ny devoycd the faculty that !hcre was sncn
an agreements but 50 far from any evidence yet adancea
golng prove IT, it's preponterancc Is 10 the negative
propose, briefly possible sir 10 review this cvl.
dence If any such agreement had been made what would
be the highest evidence Of 1T and where would most ike
~ have been ound Certainly in the original draft or pro-
positions from the first Faculty Of the Medical Department
the rrusCes Yet M. President neither in those proo.
sltion nor in the letter 4" Dr. Warner. accompanying ana
explaining them there word requesting the general
power OF nomination. Not word. Yet can II be con
ccyed that schciule Of propositions for The establish
Of sledlcal Department Of lampden Sidney, con
tang twelve articles the e11ectanl professors would have
failed insert article claiming the important power OF
nominating their SUCCESSORS, If they had designed TO claim
il All they sought was The power OF filling vacancies then
existing.
Dr. Warner. 10 his letter CT the 2ls November 1887 &C
compaEyny the original proposition OF regulations Tor the
establishment Of cal depl!tm mt Of Hdmp1en Sdhey,
says lin addition these consider important that as
unable select Individuals for the chairs OF surgery
and chemistry it would be proper for the board 10 pass SONS
resolution au.horsng select suitable persons: and win
view their services ard promptly 10 organise IL
will be necessary their Willingness 10 confirm our
selection for this purpose will suggest the following re-
solution:
"Rcsolvej That the medical faculty DO authorised TO select
suitable for the pofessoshps Of chemtry and sur
gerry rr selection 10 be confirmed al the merit meeting OF
board OF And further If vacancy occur BY
resignation otherwise the medical faculty shall have pow.
select individual supply the place their choice
confirmed By the board their Ht meeting. There
o. possible objection comforting this power upon the
faculty fnr the organization of the school," Dr. arrolls
letter which has been 80 much relied on 10 prove that the
medical faculty empowered 10 I'll! ell vacancies then
xisng which should thereafter in all time says
that the charter compelled the trustees 10 moty even this
proposition Of The medical department go % 10 rend as fol-
lows
Resolved That the medical faculty be authorised
md cppiia suitable persons u fill the profess OF
surgery chemistry and pharmacy until these pro.ssoTships
shall BE- G!G by the president od trustees Of Hampton Sid
ney College"
This letter s dated December -, 1887 and up to this
had besn proposition from the Faculty asking
the power OF nominating 10 all vacancies aud there not
slightest evidence that there wa any such PROPOSE
tioa afterwards. The whole OF Dr. Carrols and Dr.
Warmers letters shows all that asked BY the four
If the Medical Faculty who had been first nominated,
'o authority Gil vacancies for the organization of The
:ncdca department subsequent letter OF Dr. Warner. OF
the 81 Nav 1885 giving OF tho transactions d!
The Faculty under the powers conhded TO them puts his
point beyond dispute In this letter he says: tine Medical
Faculty of Hampton Sidney College have directed me 10
forward TO your board correct copy o. the proceedings In
relation the exercise Of power with which you Tror
sonay ges6 item in eccting and appointing additional
professors subject 10 your approval tbs thus clear sl
ths the Faculty asked the power OF nominating iher
SUCCESSORS and that all that sought was that power OF
appointment might BE- professionally vested In them for the
purpose Of primary org 1nsaon The documents and let
tiers which have referred constitute oil the cvidenrc
deserving the nanle, which bears on tho Question Dr.
cOns!TuC
ton Of the charter and Of Dr. Carros letter In the frs
he in second hn is wrong right or wrong
,hay convey nothing bt hs opnons and therefore
evidence AZ for he !er.e OF DE- Draper The first contains
nothing Incompatible with Dr. Carois letter The second
entitled weight. II drs widely from his frs, let
ters written ate. the lapse OF many years md processes
gyc only his understanding of the mnttc when should
be rcceilccei that h. member agent OF
the brard and had the right TO intend tie sessions
participate in It's councils deliberations. AS 10 Mr.
Watkin=s et'c Il processes only give what no regarded
ss the opinion OF the board: THAT tho nomination Of the
Faculty should always be confirmed" have no doubt he
was right and that this tho disposition vi The board
but this Is very different thing from the boards Surrender
ing The power Of nomination to the Faculty, matter o
right and Of contract which they never had even The power
20 do
Blu; It has been commended by the advocates of the bill
both aud Of the Legislature, that because the rus
agreed confer degrees on such students as the Fucu
ty might reconmond they alsu have transferred 10 the
Faculty the power Of nominating their successors II there
be force In this argument then the literary professors Of
talnpien Sidney would have the power OF nominating their
successors for their nominees for graduation are granted
diplomas without examination by the Trustees. The thing
DONE in both cases. Eek necessitao re and no power
privilege nor Contract Gun be Inferred from the practice
In either case.
have thus Mr.. President reviewed. with the fair
ness the evidence which The Faculty have udduced In sup
po.t their prc,cnsona ADD what of the alleged
agreement which they have accused the board Of violating
Sir il cxs only In te.r own ima2naons: The Trustees
never have had the power into such agreement
they had had the DESIRE and they have had the de-
sire, If they had had the power.
The sccund proposition with which sci out, was that
the bill und1f consldcrat)n VIII impair Inc contracts en-
bodied il the deeds of mortgage by which the loans 10 The
medical department of Hampden Sidney College
ed. All the difficulty and mysicallon which have been
thrown around These deeds arise from the attempt
the Medical Faculty body existing separately aud apart
from the College Now of their advocates, in the Le-
gislaure OF It, have pretended in the
CANT Of their arguments that the medical professors
separate ccIpoiaun they where in any OF the
Assembly treated seYeray individuals; they al
ways styled and treated WITH "thc medical department
Of Hampton Sidney College" They thus identified
with. and represented alone by tho Trustees OF Hanpdcn
SidGey corporation, and II is merely abeurd attempt
10 nyes, .!cm with different character. or view them in
any other light.
In the yc.r 1914 the Faculty peoned the Legislature
for the loan of s5OO and In the 1915 for the loan Of
$1,000 JT the erection Of the College buildings In both
Of these petitions they tyed themselves "he Faculty OF
The Medical Department of ampden Sidney College" BY
the Of The 9Th February la44 and the Goth February
1916 the Legislature authorised the loans asked for he
Medical Department of Hampdcn Sidney College" Deeds
Of mortgage taken on the College property
these !oans Ey which il was conveyed hs President Ind
Directors Of The Literary Fund.- for tic of tho m edca
Depart ncnt OF Hampden Sidney College"
Now 1Ir President, II 1t DO impossible regard the Med
cal Faculty having any existence except department
Of Han7den Sidney College, repeatedly recognised by our
lava and deeds have been made by tho authority of the Le
eisaure conveying property TO the President &C. Of the
Literary Fund for tie of that Faculty. has not Hamp
den Sidney College vested rg, that shall be used by