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(title page) History of the University of North Carolina. Volume II: From 1868 to 1912
(cover) History of the University of North Carolina 1868-1912
(spine) History of the University of North Carolina Vol. II
KEMP P. BATTLE
ix, 1-875 p. p., ill.
RALEIGH:
EDWARDS & BROUGHTON PRINTING COMPANY
1912
Call number C378.UEI (North Carolina Collection, University of North Carolina at Chapel Hill)
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[Cover Image]
[Spine Image]
[Frontispiece Image]
KEMP P. BATTLE
GEORGE T. WINSTON
EDWIN A. ALDERMAN
FRANCIS P. VENABLE
[Title Page Image]
[Verso Image]
BY
TO MY WIFE
WHO FOR NEARLY THREESCORE YEARS
HAS JOURNEYED WITH ME OVER THE SMOOTH WAYS
AND THE ROUGH WAYS OF LIFE,
AN EVER READY HELP AND WISE COUNSELOR,
THIS BOOK IS LOVINGLY DEDICATED.
KEMP PLUMMER BATTLE.
After unexpected and regretted delays the second volume of my History of the University of North Carolina is issued from the press. It embraces the period from the suspension of exercises in 1868 to the close of the Summer School in 1912. My aim has been to give a clear and truthful pen picture of the revival of the institution from its moribund state, its struggles and its final rise to rank with the first institutions of America. To record all the items of the numerous facts and incidents of forty-four years is manifestly impossible. I have selected such as in my judgment make the narrative both distinct and accurate. The students who attended the University from time to time will doubtless be able to point out omissions. I assure them that such omissions were essential in order to prevent the book from having excessive bulkiness.
The Faculty in recent years has been larger than that of the old University, and the changes more frequent. I have endeavored to give engravings of all the professors. Where the face of a new professor is not found the deficiency came from inability to procure his photograph.
The first volume met with a reception which greatly surprised and gratified me. I can not hope that similar favor will be extended to the second. The former chronicled events on which the haze of oblivion had settled or was then settling. The removal of this haze and bringing them again into the light, brought, it seems, to the readers, both interest and instruction.
The second volume tells of things and persons which have not passed from memory. They are almost contemporary. My readers have shaken hands with the actors. They will not have the pleasure of reviving happy memories half forgotten. Distance, in time as well as in space, "lends enchantment to the view."
I have, however, aimed higher than merely giving an agreeable hour to my readers. I venture to hope that this minute
and faithful narrative of the struggles of the University from seven teachers and sixty-nine students to over eight hundred matriculates and over eighty teachers, will be of permanent value to students of education and to students of State Government. I think it will be seen that in a large degree the University has created its own success, by the constant advocacy of higher education in all the counties by its Presidents and Professors; by the excellence of its training; by the culture and energy of the teachers it has sent forth as educational missionaries, like McIver, Alderman, Noble, Joyner, Walker; by the high conduct of its sons in religious, legislative, executive, and judicial functions and in business pursuits. I do not think that I boast too much in claiming that the University has been an influential factor in creating the present high appreciation of education among our people.
I must express my obligations to Professor Collier Cobb for his assistance in procuring the numerous engravings in my book, often photographing the subjects with his own camera. Also to my sons, K. P., Thos. H., and W. J. Battle, especially Dr. Kemp P. Battle, Junior, for valuable assistance in preparing the manuscript and reading proof.
In my first volume I brought the History of the University to the death of President Swain, August 29, 1868. This period covers the life of the Old University. The changes in courses of instruction, in scholastic degrees, in modes of discipline, in buildings and apparatus, the habits and aspirations of students, now make appropriate the name of the New University. There is, however, a substantial connection between the Old and the New. The New is the Old modernized, responding to changed conditions of social life, to new demands of rapidly advancing discoveries, to invention and ever varying phases of scientific, political, industrial, and even theological thought. The New, however, has pride in the history of the past, especially in the great alumni, who have been leaders in all the walks of life, while the survivors, joyful over the continued progress of their Alma Mater and ever ready to applaud its further advancement, have in their hearts an ever increasing love for the University as they knew it. There has been no destruction of the Old. When closed for a season it only slumbered. It was not dead. The influences that awakened it were put into motion by the old alumni, who had eagerly watched for the opportunity. But for those influences an Agricultural and Mechanical College would have taken its place--the application of science to industrial pursuits exalted and literary departments subordinated. The Old University would have died, leaving only a memory of past achievements.
By the University charter of 1789 its Trustees filled the vacancies which occurred from time to time. As those named
in the charter were mostly of the Federalist party, it naturally came to pass that when Jeffersonian Democracy was triumphant in the General Assembly, the Board of Trustees was strongly of the adversary party. The University for this and other reasons became very unpopular. Hostile legislation resulted. It became necessary to give the election of Trustees to the General Assembly. From 1804 down to 1868 the choice was by that body, the term of office being for life.
The University kept its doors open in all the hardships of the war, but it was left in desperate circumstances. The endowment was gone. Professors for the payment of their salaries depended on tuition receipts and, owing to the general paralysis of business, students were few in number, and some of them on the beneficiary list. Professors Martin, Hepburn, and Kimberly, for want of a support, went elsewhere. The Faculty was reduced to five.
The Trustees adopted a scheme, reported in 1867 by a committee, of which K. P. Battle was chairman and Wm. A. Graham and S. F. Phillips were members, under which Professors were to be supported partly by small salaries paid by the University, the residue by fees paid by students in the respective departments. In order to relieve the Trustees of all embarrassment, the President and Professors in the Fall of 1867 tendered their resignations, which were accepted, but, as the new scheme was not to go into operation until the Commencement of 1868, they by request continued in their chairs until then. When that date arrived it was evident that the old Board would shortly be superseded. It was impossible for them to carry into practical effect the contemplated reorganization. It seemed good to them therefore to reëlect the President and Professors, so that responsible men should be in office to protect the public property and take effectual means for receiving students at the beginning of the following session. These reëlections were duly accepted by the incumbents.
By the Constitution of 1868 the election of Trustees was taken from the General Assembly and given to the Board of Education, its members being ex officio Trustees. The others were apportioned in the State, one to each county. This arrangement
was faulty in several particulars. In the first place all the members of the Board of Education, except the Superintendent of Public Instruction, were political officers, with no special interest in the cause of education. Secondly, as many of the counties are remote from the seat of government and it has never been the practice to pay the expenses of Trustees, many of them never attend meetings. And as the members of the Educational Board live in Raleigh, they would usually be the controlling element in the Board of Trustees. Thirdly, it so happened that in 1868 Governor Holden controlled the Board of Education and so dominated the University.
Since 1835 the practical management of the University has been in the hands of the Executive Committee, prior to 1868 chosen annually by the Trustees, always with special reference to their interest in the University and proximity to Raleigh. The Constitution of 1868 totally changed this salutary arrangement. The Executive Committee was so constituted as no longer to be the helpful servants of the Trustees, but to be under the control of a political body, namely, the Board of Education, then eight in number, the State officers--politicians of course. To these were added the President of the University and three Trustees elected by the Board, the politicians being in a majority of seven to four. The Governor was chairman both of the Board and of the Executive Committee.
In the Appendix is the list of the first elected Trustees under the Constitution of 1868.
Eight of those appointed, R. Don Wilson, C. C. Jones, R. S. Abrams, George W. Brooks, J. H. Bowditch, J. A. Maultsby, Anderson Mitchell, and F. J. Kron refused to accept the office, some for private reasons, others because they did not reside in the counties from which they were appointed. Mr. F. J. Kron, of Stanly, in his letter of refusal, said, "The institution as it stood heretofore had no warmer friend than myself. My best wishes for such a Faculty, such as it possessed from its foundation, and such thorough scholarship as will command the gratitude of the State and admiration of the world."
Judge Starbuck, in agreeing to act, showed considerable acrimony. He said "the University's prosperity is well-nigh destroyed
by the hand of misrule and treason. Instead of being, as she is accused of late years, a nursery of narrow-minded, bigoted, and sectional ideas she may become the nursery of patriotism, loyalty, love of country, and devotion to this great Union."
Notwithstanding this censure those who knew the President and Professors of the old University could testify that they accepted the results of the defeat of the South with as much resignation and determination thenceforward to be loyal to the Union, as those of any institution in the land. This was shown by the words and actions of President Swain, by the conciliatory address of Governor Vance in 1866, by the hearty reception accorded to President Johnson, Secretary Seward, and other Northern men in 1867, and by the general attitude of authorities and students.
The members of the Board of Education owed their places to the influence of the Governor, so that he controlled and virtually appointed the Board of Trustees. Being a strong party man he quite naturally appointed Republicans, and a few whom he hoped to win over.
This Board was composed of many substantial and some prominent men. There were in it eighteen alumni of the University, but it was a grave defect, that, scattered as they were over the State, one in each county, it was difficult to secure continuity of management. And composed as it was almost entirely of members of the Republican party, at a time when party spirit was virulent, naturally their conduct was watched by censorious eyes and the patronage of the institution was necessarily curtailed.
The new Board contained only five of the old. These were Rev. Dr. Neill McKay, Thomas Settle, John Pool, Montfort McGehee, a Democrat, who owed his appointment to his brother-in-law, Richard C. Badger, and Governor Holden, who had resigned his place in 1867.
At the first meeting of the Board, July 23, 1868, the following were present: Governor Holden, Lt.-Governor Caldwell, Secretary Menninger, Auditor Adams, Superintendent Harris, Superintendent Ashley, Treasurer Jenkins, Attorney-General
Coleman, on the part of the Board of Education; Hon. D. L. Swain, and ex-Governor Manly by invitation; and on the part of the Trustees, Messrs. Tourgée, Ingram, Rodman, John Pool, Russell, V. Barringer, M. Taylor, Thomas, Howze, Lehman, Buxton, Etheridge, Henderson, Wynne, Lassiter, Grimsley, Bynum, Gahagan, Miller, Cantwell, Robinson, Cloud, J. F. Taylor, E. W. Jones, Badham, McDonald, S. Pool, Hayes, Settle, Downing, Reade, Brogden, Long. Total, 41.
The Executive Committeemen elected by Trustees were Wm. B. Rodman, James F. Taylor, and Thomas Settle, to whom were added by the Constitution Holden, Caldwell, Menninger, Jenkins, Adams, Ashley, Harris, and Coleman.
The first action of the Board of Trustees was to distribute by lot the counties of the State into four classes. The Trustees from the first class were to hold their office for two years; of the second class for four years; of the third, six years, and of the fourth for eight years.
Then President Swain, erroneously thinking that he was recognized as President by the new Constitution and therefore entitled to a seat in the Board, moved that the old Secretary and Treasurer, ex-Governor Manly, read his report. This he did with much feeling, closing by a pathetic statement of his pain and suffering from parting with books and papers which had been his companions for 47 years. A resolution was passed thanking him for his efficient services.
President Swain was then called on to "deliver his address," the mover being too astute to call it a report. It proved to be not a recital of the work of the University or of his own actings for the past year, or of recommendations for the future, but a statement of the progress of the institution, the increase in numbers of students and of buildings, during the thirty-three years of his Presidency. He closed by the assertion that "never had his services been more zealous, faithful and unintermitting." He gave no plan of reconstruction of the institution. His report was identical with that submitted to the old Board in 1867.
The Board elected Robert W. Lassiter, a member of the Granville bar, Secretary and Treasurer, with a salary of $500 yearly. The most important action, which bears the appearance
of a "snap judgment," was, on motion of Wm. F. Henderson, the appointment of a committee of five to report some plan for the continuance of the University. The names of the committee were Wm. F. Henderson, Victor C. Barringer, John Pool, Thomas Settle, and Richard I. Wynne. The Superintendent of Public Instruction, Samuel S. Ashley, was added.
On the next day, in order to negative finally the claim of President Swain that he was still in office, the Board voted to accept the resignations of the President and Professors, made in 1867, and that the chairs be abolished. The reëlection of those officers in June, 1868, were thus ignored as nullities.
On the report of Henderson's committee it was ordered that the Executive Committee should put into operation a "thorough and efficient organization of the University upon the proper and liberal basis contemplated by the Constitution." They were to have the extraordinary power of electing a President and Professors, devise a system of government, and resume the exercises at the earliest practicable moment, the salaries of President and Professors to be the same as in 1860. They were likewise charged with the duty of inquiring into the state of the funds of the University, with special attention to the mortgage of its property and disposition made of the Land Scrip, and settle the accounts of the late Treasurer Manly. These were subsequently reported as correct. They allowed his claim of $750 for balance of salary as Escheator-General. This overruled the action of the old Board which considered the duties of Escheator-General as appertaining to the office of Secretary and Treasurer, and that the salary of Secretary-Treasurer was sufficient to cover all duties.
President Swain endeavored in vain to secure a reversal of the decision that he was no longer in office. He claimed his resignation in 1867 was cancelled by his reëlection in 1868. He further contended he held the office legally; that he could not be removed except for "misbehavior, inability, or neglect of duty," grounds mentioned in the charter. No attention was paid to this protest, and further action, if he contemplated any, was prevented by his death. The other members of the old Faculty made no resistance and soon engaged in other fields of labor.
In the choice of a President the Board adopted a limitation that no one should be elected who had not an "established national reputation as a scholar and educator." There is no evidence that such a person was sought for, but if the search was made it was inevitably ineffectual on account of the impossibility of paying an adequate salary.
The unprecedented power to elect all the officers, which had never before been exercised by any Executive Committee, did not meet with the approval of many thoughtful Trustees. Chief Justice Pearson, for example, not to mention others, contended that a matter of so great importance should be passed upon by the whole Board.
The elections, however, were not then held, although the Presidency was offered to Mr. L. P. Olds, a son-in-law of the Governor. As there was no treasury in sight from which a salary could be drawn, Mr. Olds wisely declined.
The second meeting of the Board was held November 19, 1868. There were 32 in attendance, so that it appears that there was no lack of interest on the part of the new Trustees. In truth, considering the distance traveled by most of those present, at their own charges, the punctuality was most praise-worthy. There was no diminution of interest for some months. At the January meeting 37 answered to their names, but in June, 1869, they dwindled to 12, mostly State officers.
The Committee further recommended that the General Assembly be requested to authorize the appointment by the Governor and Council of one student for each Member of the General Assembly, the tuition and College expenses for not exceeding two years to be paid by the State. These students were to be bound to teach in the public schools the length of time they should be at the University. Judge Rodman, Superintendent Ashley, and Senator John Pool were instructed to bring this to the attention of the Legislature. What action, if any, they took, does not appear. Certainly there was no favorable response on the part of the law-making power. The public treasury continued sealed against the University.
The Governor and Board of Education were requested to protect the property of the institution until the arrival of the Faculty. Under this authority W. N. Harris was employed
with a salary of $120 per month as Superintendent. The Superintendent of Public Works, Ceburn L. Harris, cared for repairs, there being paid to him from time to time $2,394.19, the account not stating to what objects the money was applied. It is certainly not excessive.
The Executive Committee also reported the names of the Faculty whom they had selected, a description of whom will be presently given. They were to be supported out of tuition money, but afterwards, as students did not come in, tuition was made free.
The Committee declared for co-education, but the Board refused to admit females as students. Judges Tourgée and Rodman moved that the appointment of the President and Professors should be provisional only, but the motion was promptly voted down. A motion of Curtis H. Brogden to place the duties of University Treasurer on the Treasurer of the State, and of the Secretary of the University on the Superintendent of Public Instruction, shared the same fate.
Mr. Victor C. Barringer moved that a school should be established near Raleigh for the instruction of the colored, of equal value as that at the University. Judge Tourgée followed this with a motion which was agreed to that it should be a branch of the University. On motion of Tod R. Caldwell not less than 100 acres was to be bought. It may be as well to state that there never was any proposal to admit the colored youth into the University at Chapel Hill, nor to have co-education of the races in any way. Barringer's proposal, and one afterwards made to give one-third of the Land Scrip money to the colored, were never carried into effect.
In November (1868) the new Treasurer made his first report. The stay laws and general loss of property, he said, had prevented collection of moneys loaned to individuals and the cash available was only $1,541.08. There was $32,389 due by individuals, most of whom were insolvent, and some municipal bonds, already pledged by the old Board.
The Treasurer further reported that the debts were about $60,000, including that for $35,712.68 to the Bank of North Carolina. The deed of trust of April 30, 1867, conveyed all
SOLOMON POOL
the property of the University, including about 1,000 acres at Chapel Hill and a tract of land in Buncombe County acquired by escheat, the extent of which was unknown.
The land grant of 240,000 acres contracted to be sold by the former Board for fifty cents an acre to G. F. Lewis and his associates, Fisher, Boothe & Co., could not be used to pay debts. Congress had forbidden the location of this land until the State should be admitted into the Union by Act of Congress. By the terms of the contract, if the location should not be allowed by the 4th March, 1869, the sale would be void, in which event it was thought a better price, probably one dollar an acre, could be obtained.
I will now describe the several members of the Faculty, appointed by the Executive Committee in pursuance of authority granted by the Board.
In filling up the Faculty the Executive Committee looked first for a President. It was clear that the question of party must be a primary consideration. Rev. Mr. Doherty alleged his loyalty to the Union and to Republican principles, and his services in the Union Army, in addition to his scholarship, as qualifications for a Professorship, or the Presidency. The choice fell on Rev. Solomon Pool, afterwards D.D.
Solomon Pool, born in Elizabeth City, the new President, and Professor of Intellectual and Moral Philosophy, was a second honor graduate of this University in 1853. He was then Tutor of Mathematics until 1861, when he was made Adjunct Professor. In 1866 he obtained leave of absence in order to accept the more lucrative post of Deputy Appraiser, the Trustees stipulating that they would not be bound to reëmploy him when this office should end. He was a brother of Senator John Pool. Mr. Pool's political animus was shown in a letter written January 23, 1868, transmitting a draft of a proposed Article in the Constitution on Public Education. He charged the University with being governed by the aristocracy and family influence. He urged that "it should be thoroughly loyalized. Better close it than have it a nursery of treason, to foster and perpetuate the
feelings of disloyalty. Let the present Board of Trustees be superseded by a loyal Board, and the University will be a blessing, instead of a curse." Although narrow in his views he was a man of decided ability and a good writer. His reports and an article published in the newspapers, entitled "The University and the Public Schools," show thoughtfulness and literary power, but at the time of his election he had no State reputation.
The Professor of Mathematics, Alexander McIver, a native of Moore County, was a first honor graduate from this University in 1853. After serving as Tutor of Mathematics in his Alma Mater for a few months he distinguished himself as a Principal of an Academy in Wadesboro, and then as Professor of Mathematics at Davidson College. In his application he laid stress on the fact that he was the only Republican at that College and was virtually threatened with dismissal if he should vote for President Grant. He was a hard-working, able and upright man. He was afterwards honored with the post of State Superintendent of Public Instruction.
The Professor of the Greek Language and Literature, Fisk P. Brewer, was in the Class of 1852, one of the best scholars at Yale University; was, when elected, Principal of a school for the colored at Raleigh, founded by Northern charity. He had studied in Athens, Greece, was Tutor of Greek at Yale, had strongest testimonials from President Woolsey, Professor Dana, and others. Was for one year a Professor in Beloit College. He was a brother of Judge Brewer, of the Supreme Court of the United States. His father was Rev. Josiah Brewer, missionary to Turkey, and his mother was sister to David Dudley Field and other eminent men. A contemporary letter to the newspaper says that he ruined his usefulness by boarding with a negro for a short while after reaching Chapel Hill. It was alleged too that he invited negroes to his house when teaching a colored school in Raleigh.
David Settle Patrick, nephew of Judge Settle, a native of Rockingham County, had been Principal of a school in Arkansas. He was a graduate of this University in 1856. His title was Professor of the Latin Language and Literature. He had not gained reputation as a classical scholar.
James A. Martling, Professor of the English Language and Literature, was a resident of Missouri, a brother-in-law of Superintendent Ashley, and was recommended by him. He seemed to have been a man of good parts, but made no permanent impression while in North Carolina. He graduated at the best colleges in Ohio and had been Principal of high schools.
George Dixon, Professor of Agriculture, was from Yorkshire, in England, a Quaker. He lectured on Chemistry, Botany, and Theoretical Farming and undertook to prepare a model farm. He was elected in consequence of the duty of the University to carry into effect the Land Grant Act of 1862 and seemed to be proficient in his department. He obtained leave in 1869 to visit his native land, the North of England, and promised to bring chemical tables such as are used in that country in agricultural institutions, of one of which he was President. He wished, he said, to promote the immigration of capital to North Carolina. He never returned to Chapel Hill.
Professor Patrick was Bursar, Professor Martling Secretary of the Faculty, and Professor Brewer Librarian.
The President and Professors were all Republicans. It was generally understood that applications from those not Republicans need not be sent in. Rev. C. S. Alexander requested a place on the Faculty, but withdrew his application when he found that the treasury was empty. He wrote that he had always been loyal to the Union, and asserted that to his knowledge the soldiers in Barringer's Brigade were for peace, notwithstanding that under compulsion they had passed resolutions breathing war. He was probably a chaplain in the brigade and gave this information in order to ingratiate himself with Governor Holden, to whom his letter was addressed.
A communication was read from Rev. William H. Doherty, embodying a scheme of reorganization. He was educated at Belfast Institute and had very high recommendations from its professors. He preached for several years in Ireland as a Presbyterian. Embracing Unitarian principles he resigned his pulpit and emigrated to the United States. He was at one time a chaplain in the United States Army and then Assistant Quartermaster and obtained the rank of Captain. He was for
awhile Principal of Graham College. His scheme was elaborate, drawn up in excellent style, but required generous expenditures of money.
An application from an alumnus of the University, who thought to make himself acceptable to Governor Holden by proving, so to speak, that he was a follower of the Vicar of Bray, is on file. When at school he had notions of politics, but now he sees it all is foolishness. He would be willing for any party to rule, provided the country prospered. He was a Methodist but tolerated all other denominations much more than formerly. During the war he was Principal of a High School and was befriended by Republicans and Democrats. "I was considered simply a literary man, belonging to no party. The same may be said of me regarding religion." He then naively asks that in case he can not get a Professorship, the Governor will get him a place in the Revenue Department. Never was a character so thoroughly misunderstood. Governor Holden was an uncompromising party man. No "Doubting Thomas" could please him. The bitterest political enemy could become his friend by joining his party.
It was not long before there was great unrest in the Faculty. It was the old quarrel which in the Acts of the Apostles divided the pure blood and the Grecian Jews. The Professors from abroad complained that they were neglected in the distribution of the Treasurer's checks. They went further and opined that being strangers they should have the preference, but this claim was decided to have no merit. On the contrary President Pool was paid $1,500 for the first year and the others, some a fourth, others a fifth, of that amount.
The funds to make these payments came from a loan negotiated with the Board of Public Instruction mainly on pledge of bonds belonging to the Land Scrip Fund. Of course this was illegal, but was overlooked by the General Assembly as the Faculty were really suffering. Moreover there was a bare chance that the University might have a windfall in the shape of an escheat, or a State appropriation.
On motion of Judge Cantwell a committee of three was appointed to inquire into the legality of the debts secured by the deed of trust of April, 1868, and all other alleged debts, with power to employ counsel. The committee was composed of the mover and Judges Reade and Tourgée.
Ex-Judge Cantwell, chairman, reported that in the opinion of the committee the University was not legally or equitably bound to pay the debt due the bank, for the reason that the University was a corporation of specified powers and that, while it could subscribe for the bank stock if possessed of the cash, as an investment, it could not buy on credit. Such purchase was mere speculation and therefore void. The Cameron and Swain debts should be scaled according to the Act of the Assembly, establishing a scale of depreciation for the settlement of debts contracted during the war. These debts really were incurred in 1859.
The strange argument too was suggested but not pressed, that the University debts were contracted before the Civil War and due to those who had the status of public enemies. The laws of war declare such debts were the subjects of seizure and condemnation. The University with all its properties was seized and appropriated by the conqueror, and the Constitution of 1868 divested the title of the former owners and vested them, free of incumbrance, in the new State authorities. The chairman (Cantwell) suggested as worthy of inquiry how far the present Board of Trustees are bound by these debts any more than other engagements of their predecessors. He then stated that the question was not before the committee and they offered no opinion on this question. I add that the debts of the University were incurred before there was any depreciation.
It is difficult to see why the question was not before the committee. The chairman was evidently unable to procure the assent of the committee to this enormous extension of the laws of war to Southern institutions.
It was further resolved that the Executive Committee report whether any teacher will rent the University buildings and grounds for five years, on condition that the State shall pay tuition for county students. This came to naught. No one
offered to rent the buildings and the General Assembly failed to make any appropriation. Indeed it is noticeable that even the extravagant Legislature of 1868-'69 showed no disposition to aid the University in any way, although spending money with lavish profuseness in other directions.
On motion of Judge Tourgée the General Assembly was asked to amend the charter of the University so as to have two departments mutually equivalent in all educational facilities, having the same schools, teachers of equal grade and merit, as near as may be conferring the same degrees, subject to the same rules and under the control of the same Board, one for the whites and one for the colored. Also that there should be Normal and Preparatory Schools for both colors.
Counsel to defend the University against the claim of the bank were also authorized. Under this the chairman, ex-Judge Edward Cantwell, and Ed. Graham Haywood were appointed. The opinion of these counselors that the University was not legally bound by her subscription to the capital stock of the bank was ordered to be printed.
With regard to the sale of the Land Scrip, the committee reported that it was fraudulent and should be rescinded. The old Board of Trustees, as appears from papers on file, desired to use part of the purchase money for payment of salaries of the Faculty and other objects. G. F. Lewis, the purchaser, knew of this illegality and could not enforce a contract tainted with this fraud. The committee looked on prices with larger eyes than did the Treasurer. Their claim was that the Scrip was worth $1.40 per acre, as against $1.00 reported by him; whereas 50 cents was the value at the time of the sale to the University.
Before detailing the organization and work of the University in instruction it is convenient to trace the progress of the litigation under the attorneys, Cantwell and Haywood. They had reported, as has been said, in an elaborate paper prepared by Mr. Haywood, that the University was not bound to pay the bank, because the debt was incurred contrary to law. To sustain this it was pointed out that under the bank charter the stock was to be paid for in gold and silver, and the bank was prohibited from discounting any paper to
which a subscriber's name should be either as principal or surety, until the whole of such subscriber's stock shall have been paid. It was contended that this mandate of the General Assembly had been disobeyed because certain citizens, not connected with the University, borrowed the necessary funds from the bank and lent them to the University. With this money the University paid for its stock in full. Then the University borrowed of the bank the same amount, giving the stock as collateral security and paid off the note signed by the individuals. This transaction, it was urged, was a plain evasion of the law.
The attorneys conceived the idea that the proper way to attack the mortgage of its property to the bank by the University, was for the State of North Carolina to bring suit in the United States Court. This was instituted, but the Court, after full argument, decided that it had no jurisdiction, and the suit was dismissed. The attorneys urged an appeal to the Federal Supreme Court, but the Trustees declined to prosecute it.
On motion of Chief Justice Pearson, Judges Bond and Brooks were requested to give their reasons in writing for their dismissing the suit, and the attorney, E. G. Haywood, was requested to give to the Board his reasons for considering the opinion erroneous; further that the Attorney-General and Justices Reade and Rodman be requested to examine the subject and report as to the propriety of taking an appeal.
At the meeting of July 20, 1871, there was no quorum, but the only Trustees present, Chief Justice Pearson, Justices Reade, Rodman, and Dick of the Supreme Court, Judge Cloud, of the Superior Court, and Secretary-Treasurer Lassiter, concurred in the advice to take no appeal.
It is presumable that the counsel of the University were of the erroneous opinion that the Federal Court would take cognizance of the case under the bankrupt law, but lawyers generally thought the decision against this view correct. Although the court expressed judicially no opinion as to the validity of the subscription to the capital stock of the bank, it was understood the learned judges thought the objection was not valid. It is unreasonable that the University should receive the stock
which she paid for and then repudiate the debt voluntarily contracted to obtain means of payment. The corporations, if their charters were broken, might have been punished under quo warranto, and their officers punished for acting contrary to law, but certainly innocent stockholders ought not to suffer.
Another objection, that the University did not pay for the stock in gold and silver but in a draft on New York, was held untenable, as the draft was equivalent to specie. Nor was the objection fatal that by borrowing money to pay for the stock the University was speculating, the charter conferring no privilege to speculate. It was an ordinary business transaction.
The effort by the Secretary and Treasurer, R. W. Lassiter, to break up the contract with G. F. Lewis, made in 1867, for the purchase of the Land Scrip, proved equally abortive. Fifty cents an acre was the true market price at the time of the sale. Several Northern States sold at the same price, and one for less. The Secretary of the Interior, Gen. J. D. Cox, of Ohio, decided that all was regular. The postponement of the location by Congress did not deprive the University of the power of sale. Secretary Lassiter visited Lewis in Detroit, employed counsel, and spent some time in New York but accomplished nothing. The fruitless efforts to break up the contract for the sale cost the University over $500 in counsel fees, besides a very liberal sum for the expenses of the Treasurer.
By virtue of authority conferred by the Board of Trustees Mr. Lassiter purchased $40,000 of old North Carolina Railroad State bonds, $40,000 in new State bonds, not special tax, and $160,000 in special tax bonds. The old bonds he bought at 51 cents in the dollar, the new bonds 46 cents, and the special tax 50 cents, amounting in the total to $119,000. There was much criticism of the purchase of the special tax bonds as the market price began to sink at once and went rapidly down until it became equal to near zero under the Repudiation Act of 8th March, 1870. As the total amount in the Land Scrip Fund was $125,000, there was left $6,000 to be subsequently disposed of by the Board. No interest was paid by the State on either class of bonds.
Another lawsuit in which the University was interested was
the application by Charles Dewey addressed to the Court in Bankruptcy for the sale of the University property. The result of this suit will be shown in narrating the happenings of the year when the decree was made.
The Trustees were induced by the advice of counsel to bring suit for lands located in West Tennessee under escheated Revolutionary land warrants granted to the University. As fully described in Volume I of this history, the Secretary and Treasurer (Charles Manly), in conjunction with Samuel Dickens, and under instruction of the Executive Committee, had sold all the residue of these real estate interests to Edward Orme and Alden Gifford, agents of a Boston land company, and reported the same to the Board, which confirmed their action. The result of the suit was a signal defeat to the University, the payment of over $400 in fees and costs and the ill name of bringing a false claim, contrary to her solemn agreement. This cost, however, was paid by the Trustees elected in 1874.
The chief attorney of the University in this case was ex-Judge Robert R. Heath, who emigrated to Tennessee after the Civil War. He agreed to accept a contingent fee of one-half the recovery. After this was discovered by his associate counsel, S. W. Cochran, he called Judge Heath's attention to the fact that such fees were illegal under the laws of Tennessee and subjected the offender to being disbarred--the offense being called champerty. The Judge was greatly troubled, as was shown by his repeated and urgent requests that all his letters in relation to this suit should be sent to him, and by earnest arguments to show that his action did not come within the purview of the law. It was in his favor that the evidence was in North Carolina, among the University papers. At any rate he was not prosecuted and died soon afterwards.
There was afterwards much consultation about bringing other suits, but it was wisely concluded that, whatever difficulties there were in the titles of many tracts, the University had no claim, having parted with its rights.
We will now see how the University prospered under the new régime.
Mr. Lewis P. Olds, who declined the Presidency, recommended that there be six Professors to be paid $9,500 per annum. He predicted that "grown gray with years and sacred by the genius of numberless alumni the University halls should speedily resound with the step and voice of youths--and the fountain now dry be made to send out refreshing streams of other days." But alas! the $9,500 was not obtainable. Even if it had been poured into the University treasury, the intensity of disapproval of the new organization on the part of parents able to send students to the University, would have caused a failure.
There was no income for the first year from the $125,000 Land Scrip money because of the futile efforts to rescind the contract, and the nonpayment of interest by the State, such payment enjoined by the Act of Congress of 1862.
Owing to the empty treasury a new scheme was devised. The President and Professors were to trust to tuition receipts for their salaries. Promise was held out to apply to the General Assembly for relief. The Faculty heretofore described was made up on this slender foundation.
The State Geologist, Dr. W. C. Kerr, was looked to for Chemistry, Mineralogy, and Geology.
The old plan of government was adopted for the present but a committee of the Faculty was appointed to examine the reports of institutions of this country and Europe and suggest changes.
The salary of the President was fixed at $2,000 a year, and $120 house rent, that of the Professors at $1,500 per annum and house rent.
The committee reported that in order to constitute a University in reality, as well as in name, there should be "the University system," viz.: (1) Instruction by lectures; (2) Free choice of studies; (3) Liberty to graduate in any school; (4) Independent character of the Schools. The following chairs
or departments of instruction were recommended, the chairs to be filled when the income would justify it:
The Faculty agreed to deliver by turns lectures on Mental and Moral Philosophy, Astronomy, Physiology, Agricultural Chemistry, and Botany, to be open to members of the University and to graduate students. A Preparatory Department was constituted, running over four years. It was agreed that a mark of 75 should pass the student, but the Professor had power to pass on a less mark. The President was to appoint a student to take general supervision of the buildings. The first bell for prayers should ring twenty minutes before sunrise. The second at sunrise and should be continued five minutes.
On June 10, 1869, a report was made of the work of the first term. The term ran from March 3. There were three students ranking as Sophomores and seven as Freshmen. The Sophomores passed examination in Algebra through Equations of the first degree, 600 lines of the Iliad, nine pages of Herodotus, sixty-four Odes (2 1-2 books) of Horace and ninety-two pages of Whately's Rhetoric.
The Freshmen passed on Elementary Algebra through Equations of the first degree, and the first book of Milton's "Paradise Lost." Nothing is said of any other Freshman work. If they did any the report is lost.
Two other students read six chapters of Xenophon's Anabasis and 844 pages of Georgics. Five studied Bingham's Latin Grammar through the third declension and four pages of Whitson's Greek Exercises. All prepared declamations and essays, and read through the Gospel of Luke, whether in the
Greek does not appear. The President adds "such labor, though not an occasion of boasting, is evidence of industry."
The value and interest of the examinations, it was stated, were greatly enhanced by the presence of Superintendent Ashley. All Trustees were desired to imitate his example.
The degree of Bachelor of Arts (A.B.) was conferred on Abdel Kader Tenny; of Master of Arts (A.M.) on James B. Mason, Prof. D. S. Patrick, Judge Wm. A. Moore, and Judge Samuel W. Watts. That of Doctor of Divinity on Revs. Neill McKay and Samuel M. Frost.
Tenney was a student of 1863-'65; Mason of the Class of 1867-'68, State Senator; Patrick, an A.B. of 1856; Moore, a student of 1848-'51, a Judge and Speaker of the House of Representatives of this State; Watts a Judge of the Reconstruction period; Dr. McKay a prominent and influential Presbyterian minister of Harnett County, and Frost an able and esteemed preacher of Davie County and then of Pennsylvania--an A.B. of 1852.
It will be seen from inspection of the report that a considerable portion of the students were in the Preparatory Department. In Mathematics at least the Sophomores were not equal to the Freshmen of the present day. A formal order adopted by the Faculty at the beginning of the next term shows the heterogeneous character of the attendance. "Students now reciting with College students may continue work." Also there were "nineteen entries and no college charges."
At this time the President presented a complete plan for the reorganization of the University, in order to comply with the Land Scrip Act of 1862. It was as follows:
There were no Juniors or Seniors, though to them were assigned Engineering, Modern Languages, Astronomy, Natural Philosophy, Rhetoricals; to Seniors were assigned Engineering, Modern Languages, Intellectual Philosophy, Optionals and Rhetoricals.
The last word, used as a noun, is new in our University language. It probably means Rhetoric as taught in the books, and also theses, declamations, and the like.
For the Normal Department were prescribed: First Year, Advanced Geography, Chemistry, Natural History, Algebra, Geometry, Rhetoricals, including Elocution. The other years are not given.
A plan of discipline was adopted which was a revival of ancient and obsolete methods. Every Friday afternoon the Professors reported publicly infractions of the rules. All but the guilty were ordered to retire. Excuses were then heard and the offenses graded. Tardiness was marked 1, absences 2, visiting other students or going to the village in study hours 1, being out of one's room after 8 o'clock p. m. 1, scribbling on the walls 1, spitting on the floor or disorder in the recitation room 1, indecorum at prayers 2, improper or boisterous noise in study hours or after prayers 2, other offenses not specified 1 to 10. Offenses repeated or glaring, double or triple the above penalties. The perfect deportment grade was 100, the demerits to be taken from this. If there should be 20 demerits the parent to be notified of the downward steps of his son, if 30 his removal to be requested.
The Monitors were not bound to report other delinquencies than absences. Each student on entering was bound to sign a pledge not to disobey but to comply with all the rules, regulations and laws of the University, so far as he was capable, during his connection with the institution.
We have a report of delinquencies which shows that they were principally from absences, one charged with eight, two others with six each, and so on.
Notwithstanding meager numbers there were cases needing discipline. The old joke of ringing the bell contrary to the regulations was perpetrated. Four offenders were arraigned.
There being a deficiency of evidence, a student was called on as a witness. At first he declined to answer, but, being assured that no penalties would be inflicted, he disclosed the names of the offenders. These were at once pledged and pardoned.
Other troubles ensued. One student did "not wish to live with Yankees," nor pursue the study of Greek. Guthrie shared this odium towards the divine language and irreverently affirmed that he had not learned three cents worth the whole session. Another announced his dislike of Greek though he did not measure the worth of the language in current coin. The disaffected were allowed to change to Chemistry, taught by Professor McIver.
President Pool reported a new curriculum, as follows:
School of Literature and the Arts: Freshman--Latin, Greek, Mathematics, and Rhetoricals. Sophomore--Latin, Greek, Mathematics, Rhetoric, and Rhetoricals. Juniors--History, optional, Mixed Mathematics, and Rhetoricals. Seniors--Political Economy.
For the College of Science and the Arts, the Freshmen had Chemistry, Natural History, Mathematics, and Rhetoricals; the Sophomores, Chemistry, Natural History, Mathematics, and Rhetoric.
The second session, or academic year, opened in the middle of August, 1869. The number of those entitled to be called University students was still small.
In January, 1870, there were reported, Sophomores in the Literature and Art Department, 2; Freshmen, 3; Senior Preps (preparatory students), 5; Junior Preps, 8.
In the College of Science and the Arts, Freshmen, 3, of whom one was on probation in Mathematics; Preparatory, 1. In the Normal Department there were Freshmen 1, and Preparatory 1, and one irregular. It thus appears that there were claimed to be 9 University students, and 15 Preparatory, with one irregular. A resolution prohibiting from joining the University those under twelve years of age throws a sidelight on the proficiency of those whose names were printed. But, while undoubtedly a number of these could not rank with University
students there were some good men, whose careers since have shed honor on their Alma Mater. I instance Col. F. A. Olds, editor; Wm. C. Fields, Senator from Alleghany; Isaac E. Emerson, wealthy druggist; Walter H. Guthrie, machinist in Boston; George W. McIver, Captain in the U. S. Army; Walter F. Pool, Member of the Legislature; George W. Purefoy, physician at Asheville.
In his report made November 12, 1869, Professor Patrick complains that the former Bursar, Professor Fetter, had not turned over to him any of the books or records of his office, the omission caused admittedly, not by delinquency, but by careless bookkeeping. He gave a sad account of the depredations of late on University property. He says that he has been informed that at the time of the suspension of exercises the opinion prevailed in Chapel Hill that the University property belonged to the people. Books were taken from the libraries and all working utensils abstracted. Some have returned their borrowing with the request that "no questions be asked," while others still retain their spoliations under the impression that "something may turn up."
The efforts to procure Commencement orators were quite discouraging. Gen. S. C. Abbott, then a Senator of the United States, one of the officers of the Union Army who made this State their home, was secured; Dr. S. S. Satchwell, who always talked good sense on medical and allied subjects, was invited but declined. Rev. Dr. Thomas H. Pritchard agreed to preach a serman before the University, Judge Wm. B. Rodman to make an address before the two literary societies. Governor Caldwell, Gen. M. W. Ransom, Attorney-General Coleman, A. Haywood Merritt, R. W. York, Capt. C. B. Denson, and Rev. Dr. Willis M. Miller, found it not their duty to prop up the struggling institution.
An effort was made to give the University a potential influence among the educational forces of the State by inviting the teachers to exchange views with regard to having a Normal Institution at the University. President Pool appointed a Committee of Correspondence to invite speakers on the subject. The Convention was not held.
It is recorded that "it be placed on record that an invitation to deliver an address had been given to Judge A. W. Tourgée, which seems to imply that the Judge, or his friends, deemed that he had been neglected in the distribution of oratorical opportunities.
President Pool seems to have found one or more members of the Faculty too free with University property. He therefore procured from the Executive Committee an order that no member of the Faculty can bind the University, and no Professor use part of the University property except what has been assigned him. Professor Patrick protested against the order.
A catalogue of 1869-'70 was issued. Nominally the students were fifty-five in number, but it is impossible to ascertain the facts in regard to their proficiency. The names are in a list in alphabetical order, those more advanced appearing in the same column with those in the Preparatory Department. There is no differentiation of classes. The tradition is that small boys were accorded places and thus swelled the number. The public evidently did not accept the number as indicating the prosperity of the institution. The catalogue did not delay the closing of the exercises.
It was stated that lectures had been given to all the students on the Theory and Practice of Teaching, on the Constitution of the United States, Astronomy, Philosophy, Physiology, Botany, and Chemistry. On the whole, doubtless, the Professors performed their duties as faithfully as the difficulties of their position allowed.
An entry in the minutes seems to imply that there was some friction between the President and his staff. This was that the President may question any member of the Faculty individually. This privilege, since the beginning of the University, has always been exercised without question by the Presidents as appertaining to their office.
A peculiar arrangement was adopted in the practical work of instruction. A class was assigned solely to each member of the Faculty. The President was responsible for the recitations and discipline of the Junior class; Professor Patrick of
the Sophomores; Professor Brewer of the Freshmen; Professor McIver of the Preparatory. Each member of the Faculty was the medium of communication between his class and the Faculty as a body.
On November 15, 1870, President Pool submitted his annual report. He gives the number as 36 who have received instruction in the Junior, Sophomore, Freshman, and Preparatory classes of the University. The Juniors had studied three books of Juvenal, Tacitus, Ancient History, Trigonometry, Analytical Geometry, Differential and Integral Calculus, and Chemistry. The Sophomores were engaged in the study of the Odes of Horace, Homer's Iliad, and Geometry. The Freshmen devoted their time to Vergil's Georgics and the Æneid, Xenophon's Anabasis, and Algebra. The Preparatory classes studied Cæsar's Commentaries, Bingham's Latin Grammar, Rhetoric, Whitson's Greek Lessons, English Grammar, Arithmetic, and Algebra.
Bible instruction was given each Sunday afternoon and occasional lectures on literary and scientific subjects were delivered before all the students.
Two prizes of $20 in gold were offered to the best students, but were not to be awarded until the Commencement of 1871, which was never held. The scholarship of the Collegiate classes was stated to be good as a rule, as was also of the Preparatory Department. The frequent rumors circulated by the enemies of the institution were asserted to be not only untrue but tended to distract the attention of the students, impede their progress, and render discipline more difficult.
It is noticeable that this report does not give the numbers in each class. It was generally understood at the time that there were very few genuine College students, the majority being what are known as "school boys," or Preparatory students.
Professor Brewer's report on the Library was scholarly. Extracts from it were given in the first volume. The pamphlets, about 1,000 in number, were classified and tied into bundles. Donations were solicited. The whole number of books added as gifts amounted to over 300.
On the 1st December, 1870, President Pool submitted a plan for continuing the University, ambitious but impracticable, providing that a Committee of Trustees confer with the authorities of the colleges of the State, with the view of bringing them under the State University, they retaining their present chartered rights and to receive such aid as Colleges of the University as may be agreed upon.
It was further provided that the property of the University at Chapel Hill be leased, the lessee to give bond for its security and its safe return at the expiration of the lease. Free tuition to be given to fifty youths of the State. The leading religious sects of the State to have representation and party politics to be excluded. The affiliating colleges to submit reports of their operations to the Trustees of the University when called on.
The Board of Trustees appointed a committee of three to carry out the recommendation as to the proposed lease and a committee of five to confer with the colleges and report to a subsequent meeting.
The first committee were Rev. James Reed and Messrs. James B. Mason and Henderson Adams. The committee to confer with the colleges were President Pool, and Messrs. R. P. Dick, S. F. Phillips, John Pool, and S. S. Ashley.
The committee on the lease reported on the 1st February that they doubted the propriety of carrying out the plan under the laws in regard to the University, and at their request were discharged.
President Pool, on behalf of the Committee on Affiliations, reported that he had not called the committee together, because that on the lease had done nothing. It thus appears that he had in mind probably the leasing of the University to a combination of the colleges. The scheme, however intended, was plainly chimerical, as the denominational colleges were wedded to their independent spheres, and it was impossible to induce them to enter into entangling alliances.
At this meeting was chronicled the donation of a thousand pamphlets and periodicals by Rev. Josiah Brewer, Missionary to Turkey, through Rev. Fisk P. Brewer, his son.
On October 5, 1870, Mr. Martling obtained leave of absence.
Although he hinted at a possible return it was generally felt, and so it proved, that the leave was perpetual. The entry on the records was, that "in view of the financial difficulties we can not refuse consent to any application." It is stated as late in the session as October 10th that Mr. Martling had not heard any class during the entire term except the Junior Preparatory in English Grammar; that he met his classes, assigned lessons and then left the room, his reason being that the textbooks had not arrived. A student would then hear the lesson. After he left Chapel Hill the other Professors divided his work among them.
On November 2, 1871, the Treasurer reported that the only income for 1870 and 1871 was $1,607.53. As there was no charge for tuition, nothing came in from that source. The Treasurer further stated that of the amounts due by individuals only $1,819.96 was collected or could be collected. This could not be used for present purposes as it was subject to a lien incurred for bonds to pay the former Faculty, and must be applied to those bonds. Of the uncollected debts, some were due by insolvents, some by actual bankrupts, fifty-five bonds of the City of Wilmington, valued at $4,000 (par $5,000); three Virginia State bonds (par $11,200), valued at $6,600, and twenty old North Carolina bonds (par $20,000), valued at $6,000, were hypothecated with the Board of Education for the payment of salaries to the Faculty and other expenses.
In fine, all the efforts to support the institution resulted in failure. Appeals for legislative aid were not heeded. When the General Assembly of 1868-'69, Republican by a large majority, refused to appropriate money for its relief, it could not be expected that subsequent legislators, of opposite politics, would be more liberal.
It had now become evident to all that there was no hope of the University to succeed under existing conditions. The General Assembly still refused to pay interest on any of the bonds of the State and declared null and void a large portion alleged to have been fraudulently issued. The Land Scrip Fund was therefore still unproductive. Nothing could be expected from
public or private benefaction. A handful of students had been enticed by the promise of free tuition, but even if they had paid tuition it would have liquidated only a small fraction of salary dues. Unable to live on airy promises the Faculty were resigning. The time was ripe for closing the doors and ending the experiment.
There was published at this time a poetical satire on the University as then constituted, particularly pressing the fact of paucity of students. I give part of it. Any one can guess the author.
Oh what stupidity,
And Old North State frigidity
Is it that thus refuses,
What Governor Holden chooses
To give us as our quantum suff,
Of Latin, Greek and all such stuff?
The dose is surely small,
The pay no pay at all,
And yet no man will follow it,
Or can be made to swallow it.
Now Fortune's wheel revolving,
Old ties and links dissolving,
The Muses have recorded
That when all the good and great,
Who so long had served the State,
Were compelled by party hate
To surrender to their fate
And leave the Hall they so long had guarded,
Then was Mr. Pool elate,
And his services rewarded.
With no symptoms of dubiety,
Nor sense of impropriety,
With no misgiving fears,
He claims the vacant chairs,
Assumes the god,
Affects to nod,
And seems to shake the spheres.
It surely is a shame,
And we're very much to blame,
That we lose such opportunity
To polish our community,
For there never was a finer
Offered now North Carolina,
To send her sons to college,
To get a little knowledge.
Here's every variety
Of the very best society,
Among the savants and philosophers.
Some of the faculty can spell
Very well.
Every taste may here be suited
Except where prejudice is rooted.
Why don't they come to college
And get a little knowledge?
While all the Sciences,
Means and appliances
Are lying around loose
To rust out for want of use.
No misplaced economy
Need deter one from Astronomy.
All the ologies,
Taught in all the colleges,
Ancient Latin, modern Greek,
Are going a-begging, so to speak,
And even Electricity
Is in a state of mendicity,
While Geology sits idle with her hammer,
And yet no scholar will give a dollar
For Geography,
Orthography,
And Bingham's Latin Grammar.
We find in the Sentinel newspaper of December 1, 1868, an eloquent letter, written under the Old Poplar, evidently by Mrs. Spencer, which touchingly tells the appearance of the University in those days. "For seventy-five years this Old Poplar * * * has spread a benignant shade over the gay throngs that wandered through the Campus, or pressed into the Chapel in the glorious old days.
"The old tree still stands guard but over grounds that are now empty and forlorn. The dry grass rustles to my solitary
footsteps, and a rabbit starts out from yonder tangled and dying rosebush. I look around and see nothing to disturb the profound and melancholy stillness. A negro girl in a pink frock is leaning on the College well and a few of the negro soldiers are passing in the distance towards the village. The sun shines down on the Old East and West, the Library halls, the Recitation rooms; but the doors are all closed--the place is haunted. Strong and ineffaceable memories rush unbidden, and my eyes are dimmed as I gaze on this Niobe sitting thus discrowned and childless.
" * * * Chapel Hill is the Deserted Village of the South. Nearly twenty of the best families in the place are leaving and their houses are standing untenanted and desolate. The business of the village is at a standstill, while I am told that no fewer than six places have been lately established where liquor is openly sold. Some of our citizens are even now on their way to California. Some are in Louisiana. Of those whose names have been public property for years, Judge Battle is removing his household goods from his beautiful home--dear to him for twenty-five years, to begin life afresh and leave behind him the graves of his children. Professor Martin is in Tennessee, Professor Hepburn is in Ohio, Dr. Hubbard is in New York, Professor Smith is in Lincolnton, Professor Fetter is preparing to move to Henderson. Professor Phillips alone has not decided on his new home. These all leave the houses they have built, the trees they have planted, the flowers they have tended, the cradles of their children, the graves of their dead. Governor Swain was more favored in that he fell on sleep in good time, and rests quietly under the cedars over yonder."
"Nos patriæ fines, et dulcia linquimus arva.
Nos patriam fugimus. * * *
en quo discordia cives
Perduxit miseros! en queis consevimus agros!"
Dr. Phillips soon migrated to Davidson College, and many citizens, not members of the Faculty, sought new homes. Of the "Faculty folks" only Mrs. Spencer and her mother remained
to witness the desolation, the former by her pathetic and caustic writings for the press to keep glowing the love of the alumni for their distressed benignant mother.
Of course the friends of President Pool, and of the new Faculty, did not take tamely the scoffs and sneers, so liberally bestowed by the friends of the old. An anonymous writer charged that there was a regular conspiracy formed, "conjuring the demon of discord, using the infernal incantation of hypocrisy, falsehood, and envy, in order that the fires of sectional hatred may be let loose over the fairest and most beautiful part of the Southland." "The old University was under the control of oligarchs. Under Pool's administration it will have a brilliant career."
Another correspondent of the Raleigh Standard affirmed that in three months the University under Swain would have gone to the infernal regions. He attacked the qualifications of the Presidents and Professors. Swain, when at the University, was only a few months in the Sophomore class, was then a lawyer of "small bore," was always a "split-the-difference" man. Dr. James Phillips was an Englishman; was, before coming to Chapel Hill, President or Instructor in a preparatory school; Dr. Hubbard came from Pennsylvania (should have been Massachusetts) to the University, may have graduated in a college of little reputation and notoriety. Professor Fetter was cut out in New York for an Episcopal minister and was "spoiled in the making." Professor Smith was from some Northern State and was likely a graduate of a college. Charles Phillips was a graduate but was the son of a foreigner. The Professors by improvident acts placed the University without students and with a $60,000 debt. They did not apply to the new Board of Trustees for reëlection and are all employed elsewhere, except Dr. Hubbard, who is in Chapel Hill bracing up his son-in-law (Argo) to curse out and whip those who don't agree with him. The writer cautiously requests the public not to mind what Mrs. Spencer writes as she is sister and daughter of those who have received $75,000 from the University, nor what Argo says, as his father-in-law, Dr. Hubbard, received $50,000. The adherents of the old Faculty
answered such attacks and carried the war into Africa. A correspondent, who signed himself "A Student," says that Pool was for six years a tutor of pure Mathematics and, as Governor Swain said, because he growled about being tutor, was elevated to Adjunct Professor. In 1860 he had a chance to accept a collectorship under the United States and held on to this office six or eight months after being President.
Only one or two of the new Trustees sent sons to the University under Pool. There were only twelve or fifteen from abroad and they came because free tuition was offered.
Another writer contends that Pool received from the United States $5,000 a year; two brothers-in-law $1,500 each, and mother-in-law as postmistress $1,000 a year. The property in Chapel Hill had greatly depreciated under his Presidency. Land at tax value of $3,500 had gone to $1,000, and at $2,500 to $500. There were only two students from abroad and they were relatives of Pool. The praiseworthy statement is made that leading citizens of Chapel Hill had requested the editors of prominent papers not to criticise the management harshly until the efforts should be demonstrated to be a failure, and they had in vain called on Judge Pearson, Mr. Lassiter and other prominent Republicans to send their boys to the University.
A third correspondent makes a special attack on Mr. Pool. "You have seen this beautiful village withering into nothingness through your course; the inhabitants either compelled to leave at the sacrifice of all their property, or remaining in poverty or depression. You have known that the country for miles around was suffering in the decay of their only market. You have walked through the streets, where every eye, save those of your family and political associates, was turned on you with something of hatred and indignant scorn; you have been repeatedly snubbed by your own church members, who have refused, in view of these things, to hear you preach or to receive communion with you, and you have stalked on through it all, impenetrable, in a cold-drawn insensibility, in dumb gravity of demeanor and undisturbed pride of place as the President of the University of North Carolina, that might
well bid defiance to the light artillery of wit, or ridicule or sarcasm."
A leading merchant of his own church urged him to resign, pointing out the ruin brought on the business men of the town. His reply was: "I would not resign for $50,000. My course has never occasioned a regret or self-reproach."
The last correspondent dwells on the evidence of ruin about the buildings. There was no appearance of care. The room doors were open, the closet doors carried off, plastering in South Building had fallen into heaps. An old resident walks through and grieves, repeopling them with friends, many gone above long ago. Familiar faces look out of the windows, but they are in the shadowy past. Everywhere is written Ichabod's, "The glory is departed."
In 1869 there was a strong effort to obtain a railroad from the North Carolina Railroad to Chapel Hill. As the Supreme Court had decided that a corporation could not be aided by the State, either by direct grant of bonds or by the State subscribing for stock and selling bonds to pay the same, without first obtaining a favoring vote of the people, another plan was devised. This was for the State to build the road through commissioners, with an issue of State bonds to the amount of $300,000 in order to supply the funds. It was thought that this avoided the prohibition against the State's issuing bonds to or for individuals or corporations. Unfortunately for the promoters of this laudable enterprise the commissioners declined to elect as President the man favored by Governor Holden, said to be T. M. Argo, but chose Henry C. Thompson instead. The Governor thereupon refused to sign the bonds. A suit was instituted by the University Railroad Company against Holden and the court declared the act unconstitutional. The first objection was that no corporation was created--there were no grantees to receive the bonds; second, the proportion of property tax to capitation tax was disturbed; and, third, that a vote of the people was necessary. On the whole it appears to a plain man that the court regarded itself as guardian of the
State Treasury and credit and were satisfied with arguments of very indifferent strength. Judge Reade dissented and essayed to make it plain that the State can, through commissioners, undertake a public work and that issuing bonds to pay the expense is not lending her credit to others. But, right or wrong, the decision was fatal to the road. Chapel Hill was forced to wait for many years before obtaining connection with the great railroad lines of the State.
The Commencement of 1869 was sad and painful to those familiar with the grand ceremonies of old times. The Trustees were mainly State officers. Governor Holden, Superintendent Ashley, Judge Buxton, Secretary-Treasurer Lassiter, Judge Rodman, Judge Dick, Judge Settle, Judge Bynum, Judge Watts, State Geologist Kerr, Judge W. A. Moore, being ten Trustees, the number required for a quorum were present. There were seventeen visitors from abroad, it was said, and twenty-eight all together in the audience, counting children. At the beginning Superintendent Ashley made an address, being introduced by his brother-in-law, J. A. Martling. Declamations followed, the speakers being called out by Mr. Martling.
On Thursday there were seventy-five whites reported with about that number of colored people in the galleries. The chronicle humorously adds, "There was a tremendous crowd of folks--who did not come." Mrs. Ashley and her daughter, and Mrs. Judge Buxton were the only ladies from outside the village. There were two or three Chapel Hill ladies. The reporter adds that "the members of the Faculty were small men from President Pool down. Drop him in the boots of Caldwell and Swain and while he stumbles about in them, he could not peep over the top of them. President Pool made the opening address; he was very solemn, exceedingly dull and nearly inaudible. The burden of his speech was 'Support me and my faculty.' "
But another correspondent has the following to say of the address of President Pool: "His points were concisely stated, his diction chaste and elegant, and many who came to criticise
were forced to praise." This account was nearer the truth. Mr. Pool was a man of decided talent. The description by the former writer is accurate as to his manner, for his face bore constantly a melancholy look. His speech was preceded by an Ode to Dr. Mitchell, probably by J. F. Taylor.
During the morning Governor Holden delivered a carefully prepared written address, evidently his platform of principles on the subject of University Education. He said the evil of the old system was that the children of the great part of the people were practically excluded from the University. The present Faculty is calumniated because some are from other States, forgetting that Caldwell, Mitchell, and Phillips were the same. Most alumni favor the University as constituted. It must not be the theater of politics. The professors must be for the Union. The people will sustain it, "If parents who possess means will not send their sons because of prejudice or resentment towards those who now control, the people will fill the halls with meritorious young men and maintain and educate them at the public charge." Both races must be educated and polls and property taxed for the purpose. The whites must be educated at Chapel Hill, the colored elsewhere, but both in one University. Education knows no color or condition. It must be free like air and as pervading and universal. It is our chief want. Before the rebellion no Southern State had a more successful system than North Carolina, no State had more colleges and academies. If we fail to educate, the immigration will go elsewhere and the penitentiary and jails will be crowded. Practical education will develop our resources.
In the afternoon, William Blount Rodman, a first honor graduate of 1836, Judge of the Supreme Court, delivered the University address. He was introduced by Mr. Walter Scott Guthrie, one of the undergraduates. He spoke in favor of establishing the University. "His arguments were too deep and strong to be reached by outline." He urged all with State pride to carry out the schemes of Caldwell, Mitchell, and Gaston. He was calm, conciliatory, and rational.
The Commencement of 1870 was held June the 8th and 9th. Col. John H. Wheeler delivered an address on "The Past,
Present, and Future of North Carolina." The chronicle states that it was most favorably received by the audience. The music was furnished by the Fayetteville brass band. At eight o'clock in the evening there were declamations by James T. Lyon, Charles J. Suggs, Milton V. Andrews, Charles J. Dorland, and William P. Lyon. The last named and Andrews were pronounced to be the best speakers.
On Thursday, United States Senator, Gen. J. C. Abbott, delivered the annual oration. His subject was "The Value of Correct Thinking and the Necessity of Accuracy in Scholarship." It was pronounced to be able and eloquent.
Original speeches by students came in the afternoon. They were: Archie B. Holton on "Enthusiasm," John H. Pitts on "Intemperance," John Q. A. Wood on "North Carolina," William C. Fields on the "Men of the Hour," Walter H. Guthrie on "Mirabeau," W. P. Overman on "Justice May Sleep but Never Dies." The annual report was then read, followed by an oration by Walter F. Pool on "Washington."
James F. Taylor, of Raleigh, followed with an elaborate paper on President Swain, Dr. Mitchell, and Dr. James Phillips.
Professor McIver was elected temporary President, Robert W. Lassiter clerk, and Messrs. Patrick, Martling, and Taylor a committee to report permanent officers. The President reported was Col. J. H. Wheeler. The Vice-Presidents were Governor Holden, Lieutenant-Governor Caldwell, President Pool, Judge W. A. Moore, Nereus Mendenhall, Judge W. H. Battle, Gen. Thomas L. Clingman, Dr. S. S. Satchwell, Editor W. J. Yates, President B. Craven, E. F. Rockwell, Palemon John, and ex-Governor D. S. Reid. The Secretary and Treasurer was Prof. Alexander McIver. All Trustees were made members ex officio. The following were made honorary members: George Bancroft, Alexander H. Stevens, Gen. Daniel H. Hill, Bishop Thomas Atkinson, Bishop Pierce, Rev. Dr. Thomas H. Pritchard, Rev. Dr. Neill McKay, Hon. Thomas C. Fuller, Gen. R. B. Vance, Rev. Dr. George W. Purefoy, Rev. Dr. B. York, Hon. J. W. Holden, and Mr. Lewis Hanes,
Superintendent Ashley, Hon. Curtis H. Brogden, and James F. Taylor were appointed a committee to procure from Mrs. Eleanor H. Swain the books and manuscripts claimed by the society.
It is pleasant to know that during this period there was at Chapel Hill a flourishing school for the colored which had the reputation of doing much good. The teacher was Miss Fannie C. Colver. At its close there was an impressive ceremony. Rev. Green Caudle, colored, offered up a prayer. His fervent supplication for all the people, of all colors and conditions, was deeply impressive and in newspaper language, "attracted the attention of all present." All seemed to appreciate his devout petitions.
There was not a total stagnation among the whites, not a total cessation of labors for the uplifting of the young. On June 20, 1871, was held a Sunday School celebration in the University Chapel (Gerrard Hall), which was worthy of Chapel Hill in its best days. On the rostrum were the Rev. Messrs. Bobbitt and A. D. Betts, and teachers in the school, Thomas Long, Superintendent, Patterson McDade, and A. S. Barbee, afterwards Mayor. Rev. Mr. Betts in his prayer made "a beautiful and effective allusion to the present condition of the University." Rev. Mr. Bobbitt, then stationed at Chapel Hill, made an interesting and instructive address. A Bible was presented to Superintendent Long. Adjournment was then had to the campus. Hard-boiled partridge eggs were the main edibles.
On August 7, 1873, the Old Davie Poplar was struck by lightning. The friends of the University were grieved, as if it were ominous of the fate of the University, but, although there was a rent through the bark at least from top to bottom, the noble tree survived the fiery attack. It was measured and two feet from the ground was 14 feet 6 inches in circumference. It was called the Old Poplar, as Governor Mosely, of Florida, testified, in 1818, when he was a tutor here. Its shade was sufficiently abundant in 1793 to shelter the Trustees who located the buildings. Tradition has it that having eaten their
humble snack, washed down by the bibulous refreshment usual in that day, qualified by pure water from the spring to the south of University Inn, they unanimously declared that it was impossible to find a more suitable plateau for the future University.
Mrs. Spencer wrote from under the Poplar a touching and eloquent letter to the leading Raleigh journal. She then believed that the lightning would be fatal. I give an extract. The program over which she memoralizes was in Governor Graham's Administration, 1845-'49.
"I have before me one of three Commencement programs to read which brings back a gush of warm, sweet, spring air, crowds the silent Campus with glowing, ardent youth, lights the halls with the fresh Beauty and Grace that once adorned them, sends the music of drum and trumpets floating through the tree tops, and crowns our riven old Poplar again with bud and bloom. Illustrissimo Gulielmo A. Graham, Armigero, Carolinæ Septentrionalis Reipublicæ Gubernatori.
"Can we not see him? Certainly the noblest figure there--calm, self-poised, and firm, his dark eye glancing over the crowd, not one of whom but is proud that day of him as a representative North Carolinian.
"It is no everyday feeling of affectionate pride in the past, of pain in the present, of persistent hope for the future of the once honored University of our State that summons round the stricken and deserted old Poplar today one scene from the many it has waved over of glowing hope and glorious prosperity."
On November 8, 1873, died a person long associated with the University at Chapel Hill, a notable and meritorious character, Miss Nancy Segur Hilliard. She was described in my first volume and I add only a few items. She was born in Granville County, a daughter of William and Lucy (Walker) Hilliard. They removed to Chapel Hill in 1817. She was well connected, being related to the Segurs, Pannills, Oteys, and Jeffreyses. When Mrs. Spencer made an appeal to the alumni for help for her while in a dying state and for contribution to
her burial and the erection of an humble monument to her memory, an old student wrote advocating the pious scheme. He said, "We can name a judge, a lawyer, a preacher, and a doctor who carried weekly from her table a dollar's worth of ham and biscuit to eat at night. She made more money and did more work than any one woman in North Carolina." If those who owed her board would have paid their dues to her she would have been in comfortable circumstances. Her cooking was excellent, her fried chickens were known far and wide, their fame being carried by students and transient customers, as travelers were then called. The drivers of the stages would give notice afar off, by the music of their tin horns, as to the number to be provided for, and the meals would be ready and hot. Notwithstanding that she was not gifted with personal beauty there were few women in our State more deservedly popular with all classes than this good hard-working old maid. I do what I can to keep her memory green. Her heart was beautiful.
Perhaps no community in the South experienced greater losses than the village of Chapel Hill during and soon after the war. The deaths of its sons in battle (thirty-five in number) were exceeded by none. Depending on the payments by students and professors, its merchants, mechanics and laborers had a precarious existence as long as this source of income was not entirely exhausted. But this dwindled into insignificance as the numbers of students diminished and professors, one by one, departed to seek new homes. And then came the death of President Swain, the exodus of the remaining professors and the temporary closing of the institution. For a short time the doors were reopened but invitations to the young men of the State were unheeded. Again were the doors closed and so remained for four years. The receipts of all dependent on the University were extinguished. Those who had no private income were forced to leave their homes. The village lost physicians, merchants, tradesmen, mechanics. It was called and well deserved the name of the "Deserted Village."
Throughout it all, notwithstanding it was evident that success was impossible, President Pool held to his office with tenacious grasp. So, without duties, supporting his family by the emoluments of an office in the revenue service, he was still President of the University, until ejected by a decree of the court in 1875. His persistency was not in vain. He obtained from the General Assembly the unpaid principal and interest of his salary, his being a minister of the Gospel and in financial straits materially aiding his application.
Another effect of the hard times through which the village passed was the removal of many cottages which had been built by the landowners for the accommodation of students of prosperous days, who were unable to procure lodging in the University Buildings. These cottages were torn down, or sold, some reërected a mile or so away on the neighboring farms. Thus disappeared from the map "Pandemonium," "Possum Quarter," the "Poor House," "Bat Hall," the "Crystal Palace," and other places dear to the ante-bellum students.
A number of dwelling houses were left tenantless, grim reminders of the University's closed doors. Many domiciles, being rented to families in meagre circumstances, had their vegetable gardens turned into cotton fields, and where the growth of the plant was dwarfed by the proximity of lordly trees many of these were felled and converted into firewood. One tenant, a Frenchman, used a room which had been the chamber of a popular young lady for a chicken coop.
The losses were not confined to the village. The neighboring farmers lost the sale of their produce; the farmer's wife of her poultry, her eggs, and her butter. The financial blight was widespread.
Of course the patronage formerly belonging to the University was diverted to North Carolina colleges, or elsewhere. Many a youth at greater expense wended his way to the University of Virginia, to Princeton, Cornell, Yale, or Harvard. Others remained at home or went into business.
The buildings of the University were not in the best of condition when President Swain died. The deterioration, after they had been tenantless for several years, was pitiful. There
were cases of wanton mischief, there were many more of carelessness and neglect. Many valuable books were scattered, many a valuable piece of apparatus handled to its injury by unskillful hands.
The greatest depredation was on the woodland of the University, peculiarly liable to suffer near a village where the guardianship of the owner has been withdrawn, still more certainly when the forest belongs to a public institution.
The responsibility of making the motion to suspend the exercises until further orders was taken by Rev. James Reid, of Franklin, at a meeting of Trustees December 1, 1870.
Sensible action was taken in cutting off salaries of all the Faculty from February 1, 1871. Mr. James A. Graham's motion made November 20, 1870, fixed the date December 1, 1870, but the later date was adopted on motion of Mr. James B. Mason. The record does not show that the President was excepted, but he contended to the contrary.
Secretary-Treasurer Lassiter and the Trustees residing at Chapel Hill were instructed to provide for the preservation of the University property. The Treasurer was ordered to take steps for paying the Board of Education for its loan and settle with the Faculty, but no means was placed in his hands. A resolution having in it something of the pathetic was that the Treasurer pay Professor Martling one hundred dollars to enable him "to return to his home." The money was raised and Mr. Martling left the State.
The members of the Executive Committee elected by the Trustees in 1870 were Rev. Dr. Neill McKay, Judge E. G. Reade, and Dr. Wm. D. Whitted. The members of the Board of Education, viz., Tod R. Caldwell, Governor; Curtis H. Brogden, Lieutenant-Governor; Wm. H. Howerton, Secretary of State; John Reilly, Auditor; David A. Jenkins, Treasurer; Silas Burns, Superintendent of Public Works; Alexander McIver, Superintendent of Public Instruction, and Tazewell L. Hargrove, Attorney-General, were the other members of the Executive Committee. It is an interesting fact that Auditor
Reilly was one of the six hundred who made the desperate cavalry charge, at Balaklava, immortalized by Tennyson.
Of the Committee thus constituted Messrs. McKay, Reade, Whitted, Brogden, Howerton, Reilly, Jenkins, and Burns were not North Carolina University men and at least six of them had not attended any university or college. Only Messrs. Caldwell, McIver, and Hargrove were alumni of this University--three out of eleven. No reflection is intended on the faithfulness of any one by this statement, but it is in accordance with human nature that keener interest is held and more effective work performed by the alumni of the institution than by others. Having more intimate knowledge of its past they know its needs and are more energetic in supplying them. Better work is done by men when their hearts are in it.
At the annual meeting Treasurer Lassiter made an elaborate report, initiating no new measures, in general terms expatiating on the importance of reopening the University under good auspices, but confessing the hopelessness of success. There was no income. There were some claims of land in Tennessee, he said, to which the bar of the Statute of Limitations was effectually pleaded.
On the whole, Mr. Lassiter's jeremiad led to no tangible result. The Board showed its want of appreciation of his labors by cutting down his salary to three hundred dollars and electing Dr. W. S. Whitted, of Henderson County, in his place. Mr. Whitted appears, however, not to have accepted the post and Mr. Lassiter continued to act.
Another pursuit after the ignis fatuus of Tennessee lands was inaugurated. The attorney selected was Hyams T. Johnson, of Humboldt, Tennessee, but nothing was done in consequence, possibly for want of retaining fee. A shadowy claim for an escheat in England was likewise investigated, fruitlessly of tangible results.
A claim, which seemed to have more hopefulness was inquired into by an able committee, at the head of which was Hon. Samuel F. Phillips, afterwards Solicitor-General of the United States. This arose under the will of Robert Donaldson, a wealthy resident of Hyde Park, New York, a graduate
of this University, once a resident of Fayetteville. After him Donaldson Academy was named. He bequeathed a handsome amount to the University, to a large extent disinheriting his children, because, it is said, they joined the Roman Catholic Church, whereas he was a strict Presbyterian. It was found on investigation that the will was fatally defective under the laws of New York.
The Trustees made a fortunate decision in regard to a request for donation of land at Chapel Hill. The School Committee of Chapel Hill, Morgan Closs, W. H. Bunch, and H. C. Andrews, made application to the Board for two acres on the Pittsboro Road, next to