Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-03-28
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The Nashville Female Academy
in Court.

Nashville Female Academy. This suit began
in July, 1866, and he regards the entire record
as the noblest monument of his life. and would.
but for his want Of money, place the entire
record in some durable and public shape. This
part is selected because it relates to the interest
of the cityof Nashville, and will correct the
false impressions on some minds. made By the
trustees and their friends. They ailege on
their oath that l conducted the Academy alone
for my personal benefit. Following the foot
steps of one of the truste es. l was in enc case
Indignantly repulsed with the charge that l
had been robbing the widow and the orGhan of
the original STOCKHOLDERS. in order to put mon
ey in my own pocket. find my good spoken
evil Of" and the very greatness of my work.
intended for the good of this city turned to ny
injury. am very far from charging. or even
suspecting, the trustees or stockholders at large
with any intention or desire to do me this injus-
tice, but in my mind there is a doubt in regard
to the very best of them as to wheter they are
not to be censured. for their silent acquiescence
in these things. and their apparent willingness
to receive money obtained by means. used by
their agents. which they themselves would not
resort to. ....
The following is the contract which subsisted
from July l. 1857. to July l. 1867. Under Goa
tracts before that, identical in substance with
this. part of the time with DR.. Lapsley,
nearly $4,000. had been expended here.
The reader will find in brackets the uncontra-
dicted facts. as shown by the proof in court.
You have before you all the facts needful to a
right understanding of this part of this law
suit.
CONTRACT. De-.
1t is agreed between the trustees Co. of the
Nashville Female Academy and C. d. Elliott.
that the said Elliott shall continue Superin-
tendent of said Academy under the following
contract in lieu of all others. (The then pros
snt contract expired by its own terms, at the
end of the then present session. on July l. 1857.
First-The said Elliott is to nominate to the
Board of Trustees all teachers in said Academy,
aud the said trustees shall have power to con-
| firm or reject such nomination. and no teacher
who has once been rejected by the trustees shall
| be permitted to teach in said Academy. The
u,ual right by law or courtesy of all Presidents
| of colleges)
Second-Said Elliott is to pay all the salaries
| of the teachers, and the trustees are not to be
liable for the same; and he is to keep at all
times in the Academy sufficient number Of
competent teachers in the estimation of the
trustees, for the full instruction Of the pupils
said Academy; and to pay all servants hire
and other expenses incurred in carrying on any
| of the departments of the Academy.
| Third-Said Elliott is to pay 5000 year fol
the boarding house and musical department lin
allfor the ten years, 81. 900, and 10: Fer cent
on all tuition fees all payable semi annually
4 hat 0nlln 4 L.
trustees themselves at 81 800 for each of the
| years; in all for the ten years, SIS, 600, which
sum the trustees declare in the record Elliott had
expended and anticipated on this point up tc
July l. 1867, This declaration tho trustees make
in June 1860, after careful investigation o.
what Elliott had expended in repairs and i'm
| provements).
Feurth-The trustees agree to sell the real
estate belodging to the Academy, situated OIL
McLemore and Church streets. and the proceeds
of the sale found to be Sll,250) or so much
thereof as may be deemed By the parties neces
sary shall with the said amount (s6,0Q0) and II
per cent. on tuition fees. (slS.6oO) which thl
trustees declare I did expend and ANTICIPATED
constitute fund for the payment of the deb
now due said Elliot Of about $500, and
the erection of such improvements ant
making of such repairs upon the Academy
property as the trustees shall deem proper
to be made, the payment of the annual insur
ance on tie property, at not less than Sl5.COi
per annum. This Elliott did bymortgage OF
his private property And the sale of SAID
| property and said repairs and improvement
are to be under the control and supervision o
said Elliott and a committee Of two of the trus
tees Ono. M. Bass and A. l.. p. Green). ADC
the provisions Of this contract shall continue
for ten years, unless sooner ended by mutua
| consent of the parties, or the death of said
Elliott, which event. should it happen, shall bt
dissolution of this contract.
/ Fifth-Ifat the end of the ten years any par
| of the said fund me ntiOned in the fourth clause
| of this contract should remain unappropriated
| as Their elm designated, it shall be the property
of the Academy. and paid over TO the trustees
SiXth-It shall not be ia the power OF thu
said Elliott and the said committee of two t
expend more. in paying said debt to said Elliot
and in paying said insurance and in said i'm
prOvements and repairs. during the ten years
| than the amount of rents (sG OO0), the 10 pei
cent. on tuition fees (SIs,6O and the proceeds
| of the sale of land (sll .2j0) Gu all, s}5,sG0
and should the same be done. said Elliott is tC
pay such excess, Elliott alleges that he ex.
| pended in 1877 $1,000. The mechanics are in
| court, and declare that he must have expended
| in that year over $751; 900 In this case the ex-
cess was So lJ0) and neither the trustees mol
| the corporation are TO be liable for the same
and this to be so whether said committee APP
| prove Of such expenditure OF not, either before
| or after the work is done and no authority OF
| approval of the same by the trustees shall be
| presumed. so as to bind them or the institution
unless the same be in writing and signed by the
| President of the Board of Trustees.
| Seventh-The Board of Trustees are not to be
| considered as interested in the furniture and
musical instruments now or hereafter placed in
| said Academy by said Elliott. but the same are
| to be and continue his property. unless hereaf-
ter purchased by the trustees. But they agree
| that at the end Of the ten years, or upon the
| necessary retirement of said Elliott from the
Academy before that time, he shall be men,
Der Of a committee of trustees to select a sue
cessOr. with the view Of his being able to dispose
ofhis furniture musica al instruments etc.. to such
successor and the like privilege is to be ex-
tended to his executor should the said Elliott
die before the end Of the ten years
Eighth-In the case of the death of the said
Elliott, or his necessary retirement before the
end of the ten years. he and said committee
having anticipated said funds set apart for the
payment OF said debt to him, said insurance
and repairs and improvements, by the advance
ment Of his own means in payment tor the
same to an amount less than the fund 1895, $50
heretofore in this contract designated for that
purpose, the sum so due him by such advance
ment shall constitute debt against the institu-
tion ard interest thereon shall be allowed &C
eOrdiug to law (The principal and interest
Elliott claimed, on his necessary retirement
from the institution in 1862 amounted to about
s2O. OOO)
Ninth. At the end Of ten years the said
Elliott agrees to deliver the entire Academy
property to the Board of Trustees in good re-
pair. fire and unavoidable accidents excepted
free of all debt to him, or liabilities whatever.
Tenth. The Board of Trustees reserve all the
rights and shares properly belonging to them as
such, in as full and ample a manner as if the
contract had not been made In testimony of
which the President of the Trustees and the said
Elliott. have set their hand this the Oath of Feb
ruary, 1857. JAS. ?. CLARK,
C. D. ELLIOTT.
In 1857 l had the money to do this work, and
the conscious ability to ELL any buildings could
erect. with pupils, during the entire ten years.
1 signed the contract with J. P. Clark and a
Board of Trustees, bound and pledged in every
possible form, only to use these grounds and
buildings only for education. Am l to suffer
because did not see that this contract was TO
be finally settled with Board of Trustees seek
ing alone to use these grounds and buildings to
rut money in their own private pockets? 1 did
not foresee this.
Ny correspondence with Jas. P. Clark, the |