Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-04-08
THE VANDERBILT UNIVERSITY.

TFfstorIe References-The Nashville
Uufyersity-What Cannot be Done.
To the Union and American:
The following facts may not be uninter-
esting as a sequel to the editorial article
printed in your impression of Sunday.
An act of the General Assembly of North
Carolina, passed in 1855, vested in trustees
for the use of Davidson Academy ''two
hundred aud forty acres of land most re-
mote from the Salt Springs near Nash
yille.n This tract Of land as surveyed was
located south OF and including Broad
street. except a small fraction which lies
west of McLemOre street. This set is
not printed in the compilation Of Tennes-
see Statutes. but may be found ia IredeIs
Private Acts of North Carolina, chapter
%. By the act Of 1896, chapter 4, SCOTS
Reyisal $40, the former trustees OF David
son Academy are required 10 account with
certain Auditors therein appointed, and
section of said act requires "that the
buildings of said academy shall be erected
on The most convenient situation on the
hill Immediately above Nashville, and near
the road leading to Buchanan's mill; and
thai the trustees stall proceed TO erect
buildings and employ teachers 10 b5gin the
business of tuition as soon as the funds
will permit"
The 1ext reference 10 the academy may
be found Ia the act of 1903, Oh. Y, entitled
an act to amend an act entitled an act to
establish college and incorporate the trus-
tees thereof in Davidson county. The ref
ereuce TO the act to be amended must apply
either to the act of 1875 or 1896, for no act
can be found, after diligent search, bearing
the caption set forth 10 said act OF 1918.
The preamble recites "thst application has
been made to appoint trustees for college
proposed to be built on a tract Of land which
The State of North Carolina granted TO
said institution, adjoining the town OF Nash
Vile in the county Of DSvidsOn," and sec
tien of said act names commissioners 10
settle with the trustees appointed by the
State of North Carolina prior to the cessl0n
act.n for all moneys or other property be-
longing to said Institution. This act and
tbe references therein made are now OF no
consequence, for by an act passed 10 loO0,
ch. 81. the act of 1903 CD. Y, is expressly
repealed. and the enactment and repeal are
hera alluded to merely to show that the
General Assembly always assumed to eX-
ercise complete control over the money and
other property belonging to the Davidson
academy.
ON the 18th day of April, 1906, the Con-
srress of the United States passed law au-
thorizing 'sthe State of Tennessee 20 per-
feet titles 10 certain lands and to settle
claims to the vacant and unsppropriated
lands in Tennessee" This authority on
the mart of Congress was derived from the
powers granted in the "Cession Act' by
North Carolina dated in December, 1883.
One of the conditions set nth IN said ac5
of Congress is, "That Tennessee shall ap.
r,ropriate one hundred Thousand acres OF
land, which shall be located in one entire
tract within the limits of the land reserved
10 the Cherokee Indians by an act OF the
State of North Carolina entitled, San act
for opening the land office for the redemp-
tion of specie and other certificates, and
dischsrging the arrears due 10 the army,
nasssd In the year 1888, aud shall be for
The use of two colleges, one in East anu
the other in West Tennessee" The act OF
Congress was accepted and confirmed by
the State Of Tennessee on the 9th day OF
Sen, ember, 1906. Five days thereafter, to
wit, on the 18th Jay Of September, 1916,
Cumberland College, the name
being afterwards changed to
the University of Nashville, was
incorporated. The preamble recites,
"wbereas provision has been made for the
application Of funds for the benefit Of two
colleges, one in East and one in West Ten
uessee by an act of the CONGRESS OF the
limited States. and whereas, the Trustees
of Davidson Academy have peti.ioned that
tho funds and property both real and per-
sonal of said Academy may be united with
and merged in those Of said college" there
fore. IL is enacted among otLer things see
tina full charter in l SCOTS revisai 9Z9-
Ihat a college, to be known by the name OF
Cumberland College, be established on the
aousre reserved Tor the Davidson Academy,
and by section c. it is enacted, ''that one
moiety Of the proceeds of the sales OF one
hundred thousand acres of land as describ-
ed in the twenty-thiId section Of 40 act en-
titled, 'an act for tie appointment Of
Register Of the land oific8 and providing
for the sale ofthe lands south Of French
Broad and Holston, agreeabiy 10 tie con-
s.itution Of vhis State and the Act of Con-
press therein referred TO- together with TIE
property real and personal Of what kind
8 ever Of Davidson Academy (agreeably TO
tbs petition of the Trustees Of Academy be
aad are hereby vested in the Board OF Trus-
tees created by this act Ia trust for the sole
use, benefit and support OF Cumberland
College forever"
The act of 1907, CT. -, explains section
six of the charter, and declares that the
trustees of CnD5t rland College shall be
endowed with only the profits to arise from
the proceeds Of che moiety ofsaid one hun
bred thousand acres of laud, and that the
proceeds shsll remain as fund forever for
the use of said college.
The endowment Of the college or uni
Versity then consisted Of the remainder I'M
sold of said two hundred aud forty acres
of land belonging TO Davidson Academy
and the profits from the sales OF one molety
of said one hundred thousand acres Of land
located south of "French Broad and Hol-
ston and west of Big Pigeon River" as set
forth in the twenty-third section Of the act
of 1906, chapter 2, disposing of said lands.
More than fifty, perhaps moro than sixty or
seventy years ago, all of the 240 acres were
disposed of by the trustees except the
campus, wherein was erected the old Col
leQe building, extending from Cherry to
Market street, bounded on the north by
Franklin street and extending far enough