New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-03-12


liberty.
A candidate who fall to get the votes Of the tru,-
OF suy uch irsiuon becsuse be en.eri4ins til-
feTeBt tious opinions from them cannot conp "a
hat TINS law Las been violated. But If the college
or hcactmy s7ould pea s.la~. or ordinance, eH-
cuCrg any part cul6T ciGs f<HOr atom OF Cars
iiaTs " IerscIs from such olice then It might with
propeiy be sdd q AZ tie Law bal been vOlat. d, aud
the interference e government might properly be in-
voked 30 compel either the Iescisson Of such resolu-
ton, or forfeiture Of the chartered privileges Of
The CORPORATION.
The Committee have therefore. come 70 the con-
olusion that the College has not violated its Chsrter
in respect the election or appointment OF any Pro-
fe.sor Of said College.
IL H. however claimed by some, that this is an
Toscopslsn College. aud has always been 90 un
"ders.ood" Tnis, IN lega sense is not true There
i no authority for sucb a claim in the Charter In
the original Charter, grated by George H., there
were certain conditions, declarations and provisions
that might properly, perhaps have besn construed
go Is 10 have given il en- Episcopaisn character.
Such for nstan the prov ision tina the President
should always be a mem Der OF that Church-and the
positive direction that the prayers of that Church
ST ouc be read morning and evening in the Cole ge
There provisions give and probably intended 10
give to the College particular religious and denom-
national character. But they were alt stricken out
after the Revolution. by the Safe Legislature as
early 49, and nothing Of the kind has since been
eDgtnfted upon il. SO that il is now, and has been
since since 1857 free fro all sec'arian character
III a legal point Of view, a. auy institution in the
State. And your Committee are fully satisfied that it
does not enjoy any peculiar special privileges in
ect other institutions learning and
that the clam TO the contrary is mere assumption.
unsupported by facts fair inference or the shadow Of
legsllIghts.
But firstly Church contributed largely TO its 90.
tGblisbnebt. ard in the grant By them Of the snds 10
the College they inserted certain conditions which il
is necessary. I,Dg they hold and occupy those
lar ds TO ply WITH anc the State has DONE nor
att, upted to DO OF pses any law 10 pregent or em.
hpv IN bfrl andb hon
compliance with the conditions contained in said con.
veyances.
The land conveyed to the College, although worth
at the time OILY about 1000, is now worth about
81 900 000, ana the College is deriving large income
theIeon. Certainly it would not be just 70 exclude
that Church from all influence ana control in the Col.
lege which il has contributed literally 10 found and
maintain aid if it should attempt t. employ the
means ard immunites of the Institution for the ad
vaDceIpebt Of it's particular faith there cannot be
any just ground Of complaint long a. they do not
violate the terms of their Charter or some positive
lew OF the State. But all such attempts aud interfer
ence your Committee fully believe are calculated to
INFECT permanent jury upon the interests of the Col
lege ard dttrsct from its reputation es great and
liberal seat Of learning.
IIceed, it is question worthy the consideration Of
the statesman the christian, and the scholar whether
our Sc mnares of learning and colleges throughout the
State do not suffer from the sectarian character
tina. is given them, or assumed by them than from
any other cause; ard whether their want of success
and prosperity may not generally be attributed 10 the
sectar Influences that surround them; and whether
the is any way by which their condition be i'm
proved except by becoming in t1ct what they are in
Neory-free from all secerian control.
1t is fact that our colleges universities and seats
Of Learning in this country do not occupy the position
they ought. The College under consideration has
listed for a cen'wy-is possessed Of pro iucve prop
eriy Of over 81 900 900 in VALUES situated ia the
great American metropo s-and yet is employing but
seven prO ssors and ducatDg but 20 students in all
49, -
and il slouG be diligently sought for, and when dis
covered removed.
The venerable Dr. Mott. President of Union Col.
ege seems to have understood the necessity of col
ege being kept free from ectarian Influences and con-
troll ard in bis trust deed to said College he appoints
conditonay, visitors of the property thus conveyed
and those visitors taken from the ministers
of four of the leading denominations in the country
TO wit: Pres byterian. EpscOpaan, Dutch Reformed
and CoDgrtg a,ioDal-as if his object wa to guard
that upd forever from being used appropriated for
sectarian purposes.
And if the State would make like provisions in re-
gard to the appropriations to the various colleges 10
proe CT them fiOm being used for sectaran pur-
poses would the Institutions that are subjects OF
its bounty be more benefited than they are nov
II the donations and appropriations made by the
State to Columbia College, which, in the aggregate,
now amount to half million of dollars, had
BET placed under the visitation of some members OF
the various religious denominations, to have been
named n the act the present controversy would never
u.
claims that il is an Epscopalan College"
This mater might be placed under the visitation
and control of the Regents OF the tniversity peThaps
At all events SONS mode should he adopted 10 pre-
vent the donations ard appropriations made by the
State for the support and advancement OF educ 7lon
in our colleges from being used by such Institutions
for the promotion of sectarlan opinions-N least, so
long The law both in letter and IN sprt is opposed
10 such uses. ~
Ia respect to the amendments TO the Charter pro-
posed by the Alumni your Commute would report
that they submitted them to the Board OF trustees,
and requested the Board TO inform the Comnittee
whether they desired any amendments OF iegiia''on
on that subject, and they replied that they did not.
The question is, therefore, presented whether the
Legislature can amend alter the Charter without
tie consent OF the CORPORATE r-there being no power
Of that kind received in the Charter Your Commit
tee upon o full examination Of the question, have
come 20 the conclusion that the Legislature mas no
power to repeal. amend or alter the ChaIfer oil TINS
College without their consent; that tue Charter Is
contract between the State and the Corporatore ana
is no, revokable without consulting the Cooperation
Any alteration or amendment without their con-
sent would be violation of that part OF the Constr
tuition of the United States which prohibits state Leg
islatures from enacting laws to Impair the oonga-
lions Of contracts. ,
Wheaton Rep, 5ls. fully sustains these principles
in regard 10 colleges and schools endowed by an ind-
yioual and The rule is the same when the iunas 70 es
tabsh the corporation are given by the State Judge
Story says, in the case cited;
The truth s that Government hiss power to revoke
srsri fund.- when given TO private person or
Ii cannot recall M own endO'-
rraut.d TO ary hospts college or city OF town. for
the use Of such corpoSston"
The Government would undoubted y have the right,
the same as an individual founder TO direct or control
tbs nae of such fund for that is right which grows
out Of property or fund. The maxim IL: "CE" eat
dare Gus est drspontrs'
But when they grant charter they usually, ana
osr s;nIv in this case have, assigned that right to
,ru.tees named in the charter that If they had the
Of ne