Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-08-04
lAdHertisementl
TO the Hon. f. ii. East, Chancellor,
Etc, Sitting Ind Holding Court at
Koahr;Ila.

ADVERTISEMENT
To the Hon. T.. III. East. ChaueelIo,
Etc, Sitting Ind Holding Court a
Nashville:
The State of Tennessee. on information of G. T
Elliott, citizen of Tennessee.
wR. R. ETiston. Jno. N. Bass.AL.P.Graon "
u. L. sawrie. JnO. Thompson. NJ. Vaughn an
Jno. NJ. Lea; the said defendant, Elliston. be
lng officially the President, and the other sal
defendants being the Trustees of the Como
ration, known as the President and Trustee
OF the Nashville Female Academy.
The State OF Tenne: see on ths information O
Z. ID. Elliott. relator. doth nov represent to thi
Honorable Court as follows:
More than half century since. some inter
esting and imp ortant events occurred in wha
is now known as the city of Nashville, to which
events thespecial attention of this court will be
on this occasion, invoked with a view to the en-.
ergeulc and oenehclal exercise OF the high equity
powers with which 1t stands clothed. and the
additional powers with which it has been in
vested, by certain provisions of the Code Of
Tennessee.
At the dista at period refsrred to Nashville
was town of but incOnsiderable dimensions
whose resources, were as yet. but lmperfecty
developed, and whose commercial prospects
were butlmperfectly ascer tanned. The virtuOus
and enterprising people. who dwelt in this ia
vored locality, were full of intelligence, public
spirit, and possessed of all those other name
leSS ETdCcs, WHICH 10 most acorn and DleSS the
children Of men in free and enlightened social
communities. They knew well the value of sci
ence and duly appreciated all the means of So
cisl and moral culture, Satisfied that nothing
could tend more to promote the dignity and
happiness OF young and rising community,
such as that TO which they Rppertaine and
which they had themselves been efficient in or
ganlung, than the es ablishment of institutions
OF learning, upon liberal and solid foundation
Tor the benefit of the successive generations of
Gos;erity, as they might chance to come upon
~ NJ NNT nRHnr H.
very early TO have consulted together gravely
and earnestly upon this subject, and to
have taken decided steps looking TO the
attainment of this desired end. 1t will
be seen IN the sequal that q benignant prOVi-
dence smiled upon their generous and manly
efforts in this behalf and that favorable circum
stances operated with concurrent force, to give
lull realizau1n TO their most sanguine antici-
pations.
Some time previous TO the 4th day of July,
Slb, an association sprang into existence AMONG
these rock bound hills. which proposed the i'm.
mediate establishment in Nashville ola Female
Academy. 1t was in a few days found that an
emlnently eligible location could be OBJ
tanned Tor the contemplated Acade-
my upon grounds which have since be-
come associated, In very peculiar manner in
deed, with the most cherished recollectiOns of
the Peep and the honor of the city On the
day OF our national anniversary already referred
TO, a number of tho inhabitants of Nashville
many OF whom had participated with credit in
the heTce struggle Of arms with Great Britain,
which had Just then ACKNOWLEDGEMENTS
themselves with equal Zeal and activity
m the interests of peace--cntered into
solemn covenant with each other in further
ance 81 the cause OF educ Iiiun, and on that very
day, that Is t. say the 18th OF July, 1916. an in
deIlure was made and entered into between one
DaN 81 MchaNOch, OF the inst part; Rob W tie
and Thomas Claiborne. OF the second part, aud
the members OF the association airea Y REFERRED
10. uucludlng alike those who had already sub
scrlhed the existing articles of the ASSOCIATION
and those who might thereafter subscribe the
same) of the third part, by which indenture il
was witnessed that the said David MeGavOck
Tor and IN consideration of the sum of fifteen
hundred dollars, 10 be paid to him by the said
W hIte aud Claiborne, and the other subscribers
Oi tue sa d association, did grant and convey
bargain and sell TO the said White and Clai-
borne, IA trust, for the usesOf said association.
and different subscribers OTmembers composing
the same. Tor the use aud purpose of erecting
thereon female academy, certain tract or
parcel of land situated in the southwest side of
Nashville, which land is particularly set forth
by metes and bounds in said iDdepture IA COPY
II which Is now produced in court and asked
Id De taken as a part oil TINS IntOrmauOnD and
containing three acres OF ground (which Is the
grounds now occupied in part by the buildings
of SAID Female Academy to have and 10 hold
The sad ground, OF parcel of land with its ap-
puTtcnances To the said ROb't White aud ThOs.
Claiborne and the survivors of them-their
heirs aud assigns foreyer-ior the use and pur-
pUse therein declared. In one week from the
date OF sand indenture, that is to say, on the
18th OF July, lslO. another proceeding was had
which l. worthy OF "A passing notice, The OBJ
lects, terms ana conditions speclueu IN said as
ISOLATION, were in deliberate and formal
manner. reduced 10 writing, and sOlemnly in
scrlbed on the pages of book, entitled The
Records of the Nashville Female Academy,
by Inspection Of which IL will be ascertaned
that the subscribers thereto had associated
thtmselN es together with view TO the establish
ment OF n female academy in the town of Nash
VILE ia special and and turtherance OF female
education, having in view the advancing, pro-
noting and meliOrating' the same, by the
most approved process then in use-under the
Of 10 Aaah
envy" dor fuller and more authentic pTesen-
tatIun of this compact of association, the court
a. respectfully referred to the Book Of Re
cords already mentioned, in which the same is
10 be found, and which Is prayed TO be made
part Of this infOrmatiOn). The Company haV-
lug been thus formed, and having obtained, as
already stated the ownership OF site for their
contemplated academy, lost no time in the
erection of suitable buildings upon the same
and taking all other appropriate steps for the
execution Of their interesting project, As this
enterprise was not recognised by them as OF a
mere temporary or occasional character, but
looked to the permanent benefit of their rising
community they sought 70 give perPetulty TO
their meritOrious labOrs in behalf of education,
by applying fora charter OF Incorporation at the
hands of the Legislature of Tennessee-which
body did on the 81 of October, ISL, grant the
charter asked for. By the provisions of which
the said company and association, by the name
and style of the President and Trustees and
Company Of the Nashville Female Academy
was made body, polite and corporate gwen
perpetual succession as such, and duly invested
with ali other customary powers and privileges
belonging TO corporations tOr Il copy of this
charter the court is referred to exhibit marked
"A" filed herewith and asked to be recognized
as part OF this intOTmatlOn.)
BY the third article of this charter the election
Of Board of Trustees seven IL number. is pro-
yided for which election is required to take
place on the first Monday Of January in each
year. BY the sixth article of the same, among
other things it was provided that the said trus
tees shall at all timesihave power. and it is
moreover made their duty 10 visit said
academy and 10 inquire into the discipline
thereof at least once every month" By
the fourteenth article it is provided that
the profits of the said company shall be applied
so far as the same shall be judged necessary and
proper, 10 the purpose Of Female Education"
thus deyOlYlng upon the Trustees, IN kind but
decided and uncquiYcal language the RESPONSE
bility of acting with rigid fidelity in the execu-
ton Of the trusts committed to them, and de-
signaling female education as the great and pri-
mary purpose of the trust, a purpose, which in
all coming time, the said Trustees and their
successors IN Office were not Tor one moment to
lose sight OF, or disregard, according, as indeed
was both needful and convenient. 10 said Trus-
tees a sound and reasonable discretion, IN re-
gard TO this and 70 other minor matters, but
guarding as far rs 1t was competent for human
reason 10 guard against the smallest possible
abuse of the discretion so vested, and by the
clenrest implication restraining all such actions
l. on the part ot the Trustees aforesaid, as might
- have a tendency in the least degree TO initiate
against that "iurthering, advancing and nell
Grating of female education, and thus under
mining the very tabTlc OF the urSt Schelne ltselI
In striking conformity to this view of the mat
ter capable of being much more cOgently pre-
scented hereafter il will DO observed by the
court that the said lith article of the charter
goes ON in a manner full of significance, TO pro
vide that should there at any time be amy UddI
|toHui profits Of the institution, judged by the
trustees (Stil eNercis ing Of course sound prac'
teal discretion not necessary 10 the full attain
mrut of SAID primary purpose oil the charter
IA other words, should It turn out that the
tTu. tees as the recipients of the accrulng prof
az of the school, should find that they have II
their hands sUl,a-guous moneys, not capable o
hvl"E hyusheIaliy applied 10 the advancement
Of l'malo education, then. and IN that case only
were they 10 divide said surplus in equal pro
portions among the members of the company
every Sax months, which disposition OF saIl
sUIw ftuo" funds, be il Observed, being precise
IN that one which the law itself would have com
mhudcl, was unnecessary 10 be dire, tod, saw
with The view 81 emThatieally ncgatiYiug all at
tCmlts {" dlNld" any thing beyond said surplus
% any ease whatever. Little wac il thought the,
that time mlEht come IN the general wrecl
aud confusion ol SOCIAL affairs, when even IN
most vcncTated trus; interests might berouc al
object Of greediul eugcncss TO the spoiIrr an,
men would aIIsc VINO would insist that even
HbdeT cover OF tins sage and cauriopary cIa,.