The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-02-01
changing the name of vincennes Univer-
sity to Knox County Seminary. The evident


changing the name of vincennes Univer-
sity to Knox County Seminary. The evident
intent of this legislation was to wipe out
the Vincennes University and transfer It's
lands. of which it then had about 1900
acres. to the State University at Bloom
ington. But the trustees of Vincennes Uni
versity kept up legal existence, and, in
1S43 they took legal advice regarding the
possibility of recovering their lands. A brief
of the facts and the legislation on the SUBJ
ject was sent to Chancellor Kent. of New
York. author of "Kents Commentaries,
and he gave an elaborate opinion in favor
of the university. concluding: IL am of the
opinion that the Legislature of Indiana is
bound by the most imperious obligations OF
justice and honor TO indemnify the univer-
sity for this unconstitutional arrest and de-
tention of its property" The board then
employed Hon. Samuel Judah, of Vim
cennes, one of the ablest lawyers of the
time. to institute suits for ejectment
against the occupants of the lands in Glib
son county. These suits, brought in the To-
cal courts, caused such an excitement and
uproar that the Legislature passed a bill
authorizing the board to bring suit against
the State in the Marion Circuit Court Upon
trial a Marion county jury gave the uni
versity judgment for s30.096.66. for the lands
which the State had already sold. On ap-
peal to the State Supreme Court, in 1850,
the case was reversed. Counsel for the uni
versity then appealed to the Supreme Court
| of the United States, which, in 1852, re-
versed the decision Of the state court. The
United States Supreme Court said: THE
claim is just one, and II the reservations
of these lands had been judiciously man
aged they would have constituted a fund,
at this time. of 100000" In 1885 the Legis-
lature. recognizing the validity Of the
claim. passed an act providing for the issue
of bonds for an amount covering principal
| and interest for the land that had been
sold up to the time of the passage of the
act. Under this act bonds were issued to
the amount of $66.565. and 1t was provided
| that this should be in full settlement of all
! The board, however. refused to accept this
condition. and claimed that the university
was entitled to pay for 1900 acres of land
that was still unsold. In 1896 the Legisla-
| ture appropriated $4,000 to cancel the
claim. and the State demanded a receipt
in full. This was given under protest
which was spread on the records of the
House. In 1899 the Legislature passed bill
authorizing an issue of bonds for $4,000,
| payable in twenty years. This bill was We
toed by Governor Mount, who recon-
mended the appointment of committee
| ito inquire as to what disposition was made
of the aforesaid 1854 acres of land, and
report to the next General Assembly
whether or not there is anything due Vim
cennes University by reason of the sale of
these lands" A committee was appointed
which made report to the Senate of 1901
reciting the foregoing facts, and conclud-
ing: 1.-The compensation rendered by the
inadequate to repair the wrong done,
| while the State. on the other band. has not
retained any of the fruits of the wrongful
act. SO far as we can determine. We SUBJ
NIT upon the foregoing statement Of facts
| that there Is no legal claim against the
| State in favor of the Vincennes Univer-
sity. AS to whether the State should recog-
nize an equitable or moral responsibility
for the wrong inflicted by the State upon
the university. we leave to the Judgment OF
the Senate" On the strength of this report
the Senate of 1901 passed bill reciting the
facts and declaring that ''the State of Indi-
ana is now equitably indebted to the said
board of trustees for the vincennes Uni
versity in the sum of 10000" and author
lied the issuing of bonds to that amount, tc
be accepted in full payment of the entire
claim. The bill did not reach vote in the
House.
Such is a condensed history of the long
est contested claim that has ever arisen in
the State. The facts and the law of the
case are now fairly well settled, and 1t will
be for the present Legislature to decide
whether the State is In honor and equity
bound to make further reparation for the
appropriation of the university lands il
1927.