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                    <hi rend="bold"> Letter from David L. Swain to Charles Manly, October 10, 1856
                        [Containing Enclosures from Elisha Mitchell, John Thomas Wheat, Albert
                        Micajah Shipp, Charles Phillips, James Phillips, and Manuel Fetter]:</hi>
                    Electronic Edition.</title>
                <author> Swain, David L. (David Lowry), 1801-1868 </author>

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                    <name>Bari Helms</name>
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                <pubPlace>Chapel Hill, North Carolina</pubPlace>
                <date>2007</date>
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                        <title type="collection"> University of North Carolina Papers (#40005),
                            University Archives, University of North Carolina at Chapel Hill</title>
                        <title type="document"> Letter from David L. Swain to Charles Manly, October
                            10, 1856 [Containing Enclosures from Elisha Mitchell, John Thomas Wheat,
                            Albert Micajah Shipp, Charles Phillips, James Phillips, and Manuel
                            Fetter] </title>
                        <author>D. L. Swain</author>

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                        <date>1856</date>
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                            of North Carolina at Chapel Hill)</note>
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            <div1 type="official letter">
                <pb id="unc06-39-p01" n="1"/>
                <head> Letter from <name key="pn0001638" reg="Swain, David Lowry" type="person" rend="yes">David L. Swain</name> to <name key="pn0001074" reg="Manly, Charles" type="person">Charles Manly</name>, October 10, 1856
                    [Containing Enclosures from <name key="pn0001194" reg="Mitchell, Elisha" type="person">Elisha Mitchell</name>, <name key="pn0001756" reg="Wheat, John Thomas" type="person">John Thomas Wheat</name>, <name key="pn0001538" reg="Shipp, Albert Micajah" type="person">Albert Micajah
                        Shipp</name>, <name key="pn0001357" reg="Phillips, Charles" type="person">Charles Phillips</name>, <name key="pn0001360" reg="Phillips, James" type="person">James Phillips</name> and <name key="pn0000510" reg="Fetter, Manuel" type="person">Manuel Fetter</name>] </head>
                <opener>
                    <dateline><name key="name0001146" reg="University of North Carolina" type="organization">University of North Carolina</name><lb/><name key="name0000165" reg="Chapel Hill, NC" type="place" rend="yes">Chapel
                            Hill</name>, <date>10<hi rend="sup">th</hi> October, 1856</date>.</dateline>
                    <salute><name key="pn0001074" reg="Manly, Charles" type="person">Sir</name>,</salute>
                </opener>
                <p>The Committee appointed to report the facts connected with Mr <name key="pn0003244" reg="Whitaker, William H." type="person" rend="yes">Whitakers</name> case (Messrs <name key="pn0001194" reg="Mitchell, Elisha" type="person" rend="yes">Mitchell</name>
                    <name key="pn0000795" reg="Hubbard, Fordyce Mitchell" type="person" rend="yes">Hubbard</name> and <name key="pn0001538" reg="Shipp, Albert Micajah" type="person" rend="yes">Shipp</name>) submitted through the Chairman the
                        Rev<hi rend="sup">d</hi> Dr <name key="pn0001194" reg="Mitchell, Elisha" type="person">Mitchell</name>, yesterday evening a Report which was
                    concurred in by the Faculty, and a copy of which is transmitted herewith. </p>
                <p>In addition to this Report of the Committee various members of the Faculty who
                    voted against the dismission of <name key="pn0003244" reg="Whitaker, William H." type="person">Whitaker</name> will I understand transmit separate accounts
                    of the views they took of the discordant statements of the instructor and the
                    pupil, and the conclusions which they deduced from them. The verdict of a jury
                    must be unanimous, and yet it may be the case, that no two of the twelve, may
                    understand the evidence precisely in the same way. With the members of the
                    Faculty from the constitution of the human mind the same diversity must exist.
                    The jurors enquiries are confined to the evidence before him, the member of the
                    Faculty hears the statement of the instructor and the pupil, and connects with
                    it his own knowledge of the character and conduct of both parties in their
                    respective spheres. The final vote of the Faculty of which Mr. <name key="pn0000733" reg="Harrisse, Henry" type="person" rend="yes">Herrisse</name> complains, stood as follows, for dismission Professors <name key="pn0000795" reg="Hubbard, Fordyce Mitchell" type="person">Hubbard</name>
                    and <name key="pn0000708" reg="Hedrick, Benjamin Sherwood" type="person" rend="yes">Hedrick</name>, Tutors <name key="pn0001385" reg="Pool, Solomon (b. 1832)" type="person" rend="yes">Pool</name>, <name key="pn0003263" reg="Lucas, Joseph Blount" type="person" rend="yes">Lucas</name>, <name key="pn0000119" reg="Battle, William H." type="person" rend="yes">Battle</name> and <name key="pn0003240" reg="Wetmore, William Robards" type="person" rend="yes">Wetmore</name>,
                    against it Professors <name key="pn0001194" reg="Mitchell, Elisha" type="person">Mitchell</name>
                    <name key="pn0001360" reg="Phillips, James" type="person">Phillips</name>
                    <name key="pn0000510" reg="Fetter, Manuel" type="person">Fetter</name>, <name key="pn0001756" reg="Wheat, John Thomas" type="person">Wheat</name>, <name key="pn0001538" reg="Shipp, Albert Micajah" type="person">Shipp</name> and
                        <name key="pn0000201" reg="Brown, Ashbel Green" type="person" rend="yes">Brown</name> — 6 &amp; 6 — Professor <name key="pn0001357" reg="Phillips, Charles" type="person">Charles
                    Phillips</name> declining to vote, on account of personal difficulties with Mr
                        <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name>.</p>
                <pb id="unc06-39-p02" n="2"/>
                <p>The transcript of the record shows that all the offences recorded against Mr
                        <name key="pn0003244" reg="Whitaker, William H." type="person">Whitaker</name> during the Sophomore year occurred in Mr <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse's</name> department. He was
                    instructed during the year by Professor <name key="pn0000795" reg="Hubbard, Fordyce Mitchell" type="person">Hubbard</name> Tutors <name key="pn0001385" reg="Pool, Solomon (b. 1832)" type="person">Pool</name> and
                        <name key="pn0003240" reg="Wetmore, William Robards" type="person">Wetmore</name> who voted in the affirmative, and by Professors <name key="pn0000510" reg="Fetter, Manuel" type="person">Fetter</name>, <name key="pn0001756" reg="Wheat, John Thomas" type="person">Wheat</name>
                    <name key="pn0001538" reg="Shipp, Albert Micajah" type="person">Shipp</name> and
                        <name key="pn0000201" reg="Brown, Ashbel Green" type="person">Brown</name>,
                    who voted in the negative. All these gentlemen concur in the statement that his
                    deportment in their respective departments was uniformly good. Mr <name key="pn0003263" reg="Lucas, Joseph Blount" type="person">Lucas</name> to
                    whom he recited during the first session of the Sophomore year, states that he
                    had some trouble with him at the beginning but that he improved as the session
                    advanced.</p>
                <p>Of the elaborate document which is understood to have been placed before the
                    Committee or <name key="name0000107" reg="Board of Trustees" type="organization" rend="yes">Trustees</name>, having never heard of its existence until
                    yesterday I am of course unprepared to speak and think it altogether probable
                    that I shall not be disposed to say much at any time. I understand many evils
                    are pointed out, and reforms proposed in the conduct of things here. Some of
                    these may be and probably are judicious.</p>
                <p>Mr <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> is
                    not wanting in ability to be useful, is industrious, studious and pains taking,
                    and the labour which he bestows on beating the air if expended in endeavours by
                    kind intercourse with the young men in earnest efforts in the recitation room
                    and out of it, to promote their mental and moral improvement, would leave him
                    fewer evils to complain of and fewer remedies to suggest.</p>
                <p>The fertility of his invention, and the confidence and pertinacity with which he
                    presses his plans in relation to matters, not within his sphere, are probably
                    productive of fewer blessings<pb id="unc06-39-p03" n="3"/>to humanity, than he
                    supposes. There is no executive function in connection with the <name key="name0001146" reg="University of North Carolina" type="organization" rend="yes">University</name>, to the proper discharge of which he does not
                    esteem himself competent, and to which he does not aspire, from the selection of
                    a Chaplain for the Seniors, to the appointment of tutors for the Faculty. I have
                    earnestly kindly and perseveringly endeavoured to restrain and correct these
                    idiosyncrasies, and make him what he ought to be a very useful acceptable and
                    respectable instructor. I know that I have sometimes been censured in the
                    Faculty and out of it for looking with too much indulgence upon the follies and
                    foibles of the young. Be this as it may I can say conscientiously that I have
                    not since my connection with the <name key="name0001146" reg="University of North Carolina" type="organization" rend="yes">institution</name>, borne or foreborne with any one, man or boy to the same
                    extent that I have with Mr <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name>, and that I would now much rather reform him
                    than drive him to a resignation. As President of the <name key="name0001146" reg="University of North Carolina" type="organization">University</name> I
                    have always endeavoured to sustain every member of the Faculty, in the proper
                    discharge of his appropriate functions, and in any difficulty with a student to
                    regard him as <hi rend="underscore">prima facie</hi> in the right. Beyond this I
                    cannot go nor act upon the principle that the instructor never errs, and the
                    pupil is always wrong.</p>
                <closer>
                    <salute rend="right">I am with great resepct<lb/> Your obd<hi rend="sup">t</hi>.
                            Ser<hi rend="sup">vt</hi>.</salute>
                    <signed>
                        <name key="pn0001638" reg="Swain, David Lowry" type="person">D. L.
                        Swain</name>
                    </signed>
                    <salute>Hon. <name key="pn0001074" reg="Manly, Charles" type="person">Charles
                            Manly</name>.</salute>
                </closer>
            </div1>
            <pb id="unc06-39-p04" n="4"/>
            <div1 type="report">
                <pb id="unc06-39-p05" n="5"/>
                <head type="original">[Reply to the Memorial of <name key="pn0000733" reg="Harrisse, Henry" type="person">Henry Harrisse</name> by <name key="pn0001638" reg="Swain, David Lowry" type="person">David L.
                    Swain</name>]</head>
                <p>Mr <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name>
                    complains that "the discipline at the <name key="name0001146" reg="University of North Carolina" type="organization">University</name> is
                    lax, and impunity an occurrence of every day life" that his task as an
                    instructor is "altogether impossible," that to "these
                    manifold tribulations is added a disposition on the part of his colleagues to
                    drive him to a resignation" and that "a due sense of self
                    respect," requires him to seek redress of these evils from the <name key="name0000107" reg="Board of Trustees" type="organization">Trustees</name>.</p>
                <p>These are no trivial allegations, and are either true or not true. If true his
                    colleagues are feeble and inefficient in the instruction and government of the
                    young, tyrannical, in their intercourse with Mr <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> and ought to be promptly
                    dismissed from the <name key="name0001146" reg="University of North Carolina" type="organization">institution</name>, and their places supplied by abler,
                    fairer and better men. And if this be not immediately done, and his
                    "self respect," is in any due proportion to his self esteem,
                    deliverance from "these manifold tribulations" will be cheaply
                    purchased by the "resignation" of $800 per annum.</p>
                <p>On the other hand if these charges are not true, but proceed from a peevish,
                    fretful, fault finding disposition, it will not be very wonderful if he who
                    deals in such indiscriminate and unsparing denunciations of the old, shall be
                    found arrogant and supercillious in manner and harsh in remark toward the young,
                    and neither command their respect nor conciliate their affection. What ever may
                    be the merits or demerits of Mr <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name>, if the Committee will in connection with Mr
                        <name key="pn0003244" reg="Whitaker, William H." type="person">Whitakers</name> case, examine the Faculty Journal for the last three years and
                    the leading incidents in his history here, it will probably be found<pb id="unc06-39-p06" n="6"/>that during his connection with the <name key="name0001146" reg="University of North Carolina" type="organization">Institution</name>, he has had more personal issues with young men, than
                    any other, if not than all the other members of the Faculty.</p>
                <p>I shall enter into no examination of the record in Mr <name key="pn0003244" reg="Whitaker, William H." type="person">Whitakers</name> case, farther than
                    to meet the following specific allegation, of duplicity and subterfuge
                    "Six members of the Faculty voted that Mr <name key="pn0003244" reg="Whitaker, William H." type="person">Whitaker</name> be dismissed, five
                    against it, and were joined by Gov <name key="pn0001638" reg="Swain, David Lowry" type="person" rend="yes">Swain</name> which caused
                    the motion to be lost. After the vote had been taken and result ascertained, the
                    President little willing as I imagine, to bear the responsibility of such an
                    unjust measure found that the motion was out of order."</p>
                <p>The exact truth in relation to this incident as nearly as I can state it, and I
                    have appealed to the memory of every one present, is as follows The established
                    rule of the Faculty practised upon for years, is that whenever an instructor
                    summons a student before the Faculty at Evening Prayers he considers the
                    offence, as calling for admonition only, on the part of those members of the
                    Faculty who may happen to be present. If he regards it, in a more serious light,
                    and as requiring suspension or dismission, previous notice to the President is
                    required, that he may be able to have a full faculty summoned and prepared for
                    the investigation. That Mr <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> understood the usage perfectly is shown by the
                    accompanying note (A) in relation to Mr <name key="x" reg="x" type="person" rend="">Singletary</name>, who was suspended a few evenings before the
                    affair with Mr <name key="pn0003244" reg="Whitaker, William H." type="person">Whitaker</name>.</p>
                <p>Mr <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name>,
                    without any previous notice to me in the absence of the Senior Professor, and
                    Prof <name key="pn0001357" reg="Phillips, Charles" type="person">Charles
                        Phillips</name>, reported<pb id="unc06-39-p07" n="7"/>Mr <name key="pn0003244" reg="Whitaker, William H." type="person">Whitaker</name> at
                    Evening Prayers for disorderly conduct in his recitation room. I was unwell, the
                    evening was far advanced cloudy and damp, and my deafness, at the time so great
                    that I was unable to hear a word spoken either by Mr <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> or Mr <name key="pn0003244" reg="Whitaker, William H." type="person">Whitaker</name>. Mr
                        <name key="pn0003244" reg="Whitaker, William H." type="person">Whitaker</name> as usual in such cases was reprimanded by the several members
                    of the Faculty in turn, and at the close by me. I remarked to him in substance
                    that I had not heard a word of his defence, but could easily infer from his
                    manner then, and his previous course of conduct, that his deportment towards Mr
                        <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name>
                    was very reprehensible. That his previous difficulties should have produced a
                    spirit of forbearance, and that his course was wanting in magnanimity
                    &amp;c.</p>
                <p>I then directed him to retire, regarding the case was at an end, when I was
                    surprized by a motion of Prof <name key="pn0000708" reg="Hedrick, Benjamin Sherwood" type="person">Hedrick</name> to dismiss
                    him. Supposing that the Faculty would perceive the irregularity of the
                    proceeding and reject the motion without a count, I put the question, and found
                    Professors <name key="pn0000795" reg="Hubbard, Fordyce Mitchell" type="person">Hubbard</name> and <name key="pn0000708" reg="Hedrick, Benjamin Sherwood" type="person">Hedrick</name> Tutors <name key="pn0001385" reg="Pool, Solomon (b. 1832)" type="person">Pool</name>, <name key="pn0003263" reg="Lucas, Joseph Blount" type="person">Lucas</name>
                    <name key="pn0000119" reg="Battle, William H." type="person">Battle</name> and
                        <name key="pn0003240" reg="Wetmore, William Robards" type="person">Wetmore</name> for the motion and Professors <name key="pn0001360" reg="Phillips, James" type="person">Phillips</name>, <name key="pn0000510" reg="Fetter, Manuel" type="person">Fetter</name>, <name key="pn0001756" reg="Wheat, John Thomas" type="person">Wheat</name>
                    <name key="pn0001538" reg="Shipp, Albert Micajah" type="person">Shipp</name> and
                        <name key="pn0000201" reg="Brown, Ashbel Green" type="person">Brown</name>
                    against it. The vote standing 6 to 5 I simply remarked I should vote in the
                    negative, that the motion to dismiss ought to have been ruled out of order, as a
                    full Faculty was not in attendance, and no notice had been given to summon one.</p>
                <p>It is proper that I should state now that I neither knew, nor suspected until the
                    receipt of the Resolutions of the <name key="name0000352" reg="Executive Committee, Board of Trustees" type="organization" rend="yes">Executive Committee</name> adopted on the 4<hi rend="sup">th</hi>. in<hi rend="sup">st</hi>. of the existence of these charges of Mr <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name>.</p>
                <p>On the 9<hi rend="sup">th</hi> August while the matter set forth in the extract
                    from the Faculty <pb id="unc06-39-p08" n="8"/>Journal marked B was under the
                    consideration of the Faculty, Prof <name key="pn0000708" reg="Hedrick, Benjamin Sherwood" type="person">Hedrick</name> addressed me a
                    letter (C) from which I make the following extract "I saw Mr <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> a short
                    time after I left you. He was very much excited on account of the insults which
                    had been heaped upon him by Professors — said that he had intended to
                    meet you in the same kindly spirit which you had manifested towards him that
                    evening, but had been prevented from doing so, by the assaults made upon him by
                    other members of the Faculty. He also said "as soon as things become
                    quiet and all outside pressure is removed you will see me come out and give
                    Governor <name key="pn0001638" reg="Swain, David Lowry" type="person">Swain</name> all that he asks and even more."</p>
                <p>When the vote of the Faculty was taken upon the subject on the 15<hi rend="sup">th</hi> August Professor <name key="pn0000795" reg="Hubbard, Fordyce Mitchell" type="person">Hubbard</name>
                    "declined voting on the ground that the whole subject to which the
                    Resolutions refer was before the <name key="name0000107" reg="Board of Trustees" type="organization">Trustees</name> to be acted on by them, having been
                    brought before them by an appeal on the part of Mr <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name>. He considered the
                    subject therefore on the merits of which he declined voting to have been placed
                    out of the proper jurisdiction of the Faculty."</p>
                <p>Instead of the reparation promised through his friend Professor <name key="pn0000708" reg="Hedrick, Benjamin Sherwood" type="person">Hedrick</name> on the 9<hi rend="sup">th</hi> August I find myself impeached
                    before the <name key="name0000352" reg="Executive Committee, Board of Trustees" type="organization">Executive Committee</name> on the 27<hi rend="sup">th</hi> of September. Where the "Appeal" is or what it is
                    (spoken of by Professor <name key="pn0000795" reg="Hubbard, Fordyce Mitchell" type="person">Hubbard</name>) I have no knowledge. I suppose it is not
                    before the <name key="name0000107" reg="Board of Trustees" type="organization">Trustees</name> or I would have received notice. What other communications
                    may have been made to the Board, or the Committee, or to individual members
                        of<pb id="unc06-39-p09" n="9"/>either, I know not. I only know that I have
                    neither written, nor spoken any thing of Mr <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> that has not been
                    communicated to him.</p>
                <p>I have entered very reluctantly into this matter. I have never given the <name key="name0000107" reg="Board of Trustees" type="organization">Trustees</name> any trouble in relation to dissensions in the Academic corpse,
                    and on the other hand, am now for the first time arraigned by one of my
                    "colleagues." I had hoped that the vote of the Faculty on the
                        15<hi rend="sup">th</hi> August in relation to the proceedings set forth in
                    the paper B above referred to, would have rendered all further reference to the
                    subject unnecessary, and did not even direct the statement to be recorded in our
                    Journal until yesterday. Mr <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse's</name> recent proceedings admonish me that this
                    determination was characterized rather by kindness than prudence. I therefore
                    beg leave to invite the particular attention of the <name key="name0000352" reg="Executive Committee, Board of Trustees" type="organization">Executive
                        Committee</name> to the paper, and invoke their decision upon all the points
                    discussed and considered by the Faculty.</p>
            </div1>
            <pb id="unc06-39-p10" n="10"/>
            <div1 type="minutes">
                <pb id="unc06-39-p11" n="11"/>
                <head type="original">Extracts from the Faculty Journal, containing all the
                    proceedings of the Faculty, in cases wherein <name key="pn0003244" reg="Whitaker, William H." type="person">Wm Whitaker</name> has been
                    reported to them for discipline by Mr <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name>, from October 4<hi rend="sup">th</hi> 1855 until this day Oct 6<hi rend="sup">th</hi>. 1856.</head>
                <p rend="center">October 4<hi rend="sup">th</hi>. 1855.</p>
                <p>"Messrs <name key="x" reg="x" type="person" rend="">Ringo</name> and
                        <name key="pn0003244" reg="Whitaker, William H." type="person">Whitaker</name> appeared before the Faculty, and were admonished for disorderly
                    conduct and disrespectful language to Mr <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> at recitation. Mr <name key="pn0003244" reg="Whitaker, William H." type="person">Whitaker</name>,
                    having made an insulting remark about Mr <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> before the Faculty, was
                    required to send a written apology to morrow, on pain of being dismissed, if he
                    should fail to comply with this injunction."</p>
                <p rend="center">"Nov. 13<hi rend="sup">th.</hi></p>
                <p>Mr <name key="pn0003244" reg="Whitaker, William H." type="person">Whitaker</name>
                    was reprimanded for impertinence to his instructor in the same (French)
                    department. After he retired, it was moved, in consideration of his repeated
                    offences of this kind, that he be dismissed. This motion was ordered to lie upon
                    the table, and Prof <name key="pn0001194" reg="Mitchell, Elisha" type="person">Mitchell</name> was directed to inform him, that it would be taken up and
                    carried, if he should appear before the Faculty again upon a similar
                    occasion."</p>
                <pb id="unc06-39-p12" n="12"/>
                <p rend="center">"February 15<hi rend="sup">th</hi>. 1856.</p>
                <p>"Mr <name key="pn0003244" reg="Whitaker, William H." type="person">Whitaker</name> of the Sophomore Class appeared and was admonished for
                    impropriety at recitation. A motion was made to dismiss him in consideration of
                    his repeated offences of this description. It was ordered that this motion
                    should be laid upon the table and that he be informed of the fact as a warning
                    against further transgression."</p>
                <p>(In this instance, the record does not state at whose recitation the impropriety
                    was committed, but the Secretary distinctly remembers that it was at Mr <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse's</name>).</p>
                <p rend="center">"August 14<hi>th</hi>. 1856.</p>
                <p>"<name key="pn0003244" reg="Whitaker, William H." type="person">Whitaker</name> of the Junior Class appeared before the Faculty —
                    reported by Mr <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> — to answer for impertinence to him at
                    recitation. A motion was made to dismiss him, which was lost by the casting vote
                    of the President, because there was not a full meeting of the Faculty and no
                    application had been made, according to the usages of the <name key="name0001146" reg="University of North Carolina" type="organization">institution</name> to have one summoned. The ayes were — Profs
                        <name key="pn0000795" reg="Hubbard, Fordyce Mitchell" type="person">Hubbard</name>, <name key="pn0000708" reg="Hedrick, Benjamin Sherwood" type="person">Hedrick</name> and Tutors <name key="pn0001385" reg="Pool, Solomon (b. 1832)" type="person">Pool</name>, <name key="pn0003263" reg="Lucas, Joseph Blount" type="person">Lucas</name>, <name key="pn0000119" reg="Battle, William H." type="person">Battle</name> and
                        <name key="pn0003240" reg="Wetmore, William Robards" type="person">Wetmore</name>. Nays — Profs <name key="pn0001360" reg="Phillips, James" type="person" rend="yes">Phillips</name>, <name key="pn0000510" reg="Fetter, Manuel" type="person">Fetter</name>, <name key="pn0001756" reg="Wheat, John Thomas" type="person">Wheat</name>, <name key="pn0001538" reg="Shipp, Albert Micajah" type="person">Shipp</name> and
                        <name key="pn0000201" reg="Brown, Ashbel Green" type="person">Brown</name>.<pb id="unc06-39-p13" n="13"/>Prof <name key="pn0001360" reg="Phillips, James" type="person" rend="yes">Phillips</name> was then
                    appointed to visit his <name key="pn0003241" reg="Whitaker, Elizabeth" type="person" rend="yes">mother</name> and inform her of his conduct and of
                    his peculiar relations to the Faculty."</p>
                <p rend="center">"August 15<hi rend="sup">th</hi>. 1856.</p>
                <p>"Prof <name key="pn0001360" reg="Phillips, James" type="person" rend="yes">Phillips</name> reported that he had discharged his mission to
                        <name key="pn0003241" reg="Whitaker, Elizabeth" type="person" rend="yes">Mrs
                        Whitaker</name> to day; that among other things she remarked about her <name key="pn0003244" reg="Whitaker, William H." type="person" rend="yes">son</name>, that he was very desirous to be withdrawn from college, and that
                    she had written to ask his <name key="pn0003243" reg="Whitaker, Spier" type="person" rend="yes">father's</name> advice upon the subject, and that
                    until an answer should be returned, she begged for him the advice of the
                    Faculty, as far as might be"</p>
                <p rend="center">A true copy</p>
                <closer>
                    <signed>Teste <name key="pn0000201" reg="Brown, Ashbel Green" type="person">A.
                            G. Brown</name><lb/>Secretary of the Faculty</signed>
                </closer>
            </div1>
            <div1 type="postscript">
                <p>No charges of improprieties committed by Mr <name key="pn0003244" reg="Whitaker, William H." type="person">Whitaker</name> in any other
                    department of instruction are of record during the time above specified </p>
            </div1>
            <pb id="unc06-39-p14" n="14"/>
            <div1 type="report">
                <pb id="unc06-39-p15" n="15"/>
                <head type="original">[Report of <name key="pn0001194" reg="Mitchell, Elisha" type="person">Elisha Mitchell</name>, Chairman of the Committee]</head>
                <p>The committee to whom was given in charge the memorial of Mr <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> to the
                        <name key="name0000352" reg="Executive Committee, Board of Trustees" type="organization">Executive Committee of the Trustees</name> of the <name key="name0001146" reg="University of North Carolina" type="organization">University</name>, with instructions to prepare a minute explanatory of the
                    course of the Faculty in the matter of the discipline of the <name key="name0001146" reg="University of North Carolina" type="organization">institution</name> and exculpatory of certain members of it in their
                    relations to Mr <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> to be transmitted to <name key="name0000934" reg="Raleigh, NC" type="person" rend="yes">Raleigh</name> along with the
                    record of the proceedings in the case of Mr <name key="pn0003244" reg="Whitaker, William H." type="person">Whitaker</name>, respectfully offer
                    the following.</p>
                <p>The passage of the memorial which first of all demands attention is the opening
                    paragraph. </p>
                <p>"It is a difficult matter at all times to command the attention and
                    respect of a large class of college students; but when the discipline is lax and
                    impunity an occurrence of every day life the task of the instructor becomes
                    altogether impossible. If to his manifold tribulations we add a disposition on
                    the part of his colleagues, to drive him to a resignation, or if such a belief
                    is current among the students, a due sense of self respect makes it incumbent on
                    him to apply for redress to those to whom the individual welfare of the members
                    of the Faculty is intrusted."</p>
                <p>Two particulars require attention here — the representation that the
                    discipline of the <name key="name0001146" reg="University of North Carolina" type="organization">institution</name> is lax, and impunity common
                    — and the charge that there is a disposition on the part of his
                    colleagues to drive him to a resignation.</p>
                <p>1 We can very well conceive that to a person born and educated in <name key="name0000347" reg="Europe" type="place">Europe</name> where the
                    governments are so much stronger and the administration of justice is more
                    despotic than amongst ourselves the discipline of the American colleges
                    generally may appear some what lax, but we are far from believing that it is
                    necessarily the worse on that account. That government is the best which is best
                    suited to the characters, habits and feelings of the people whose condition is
                    to be influenced and their conduct to be regulated by it. And whatever may be
                    the individual opinions of any one of our number we are compelled in the
                    administration of discipline to pay a considerable respect<pb id="unc06-39-p16" n="16"/>to what we suppose to have been the early training of the young men
                    and the views of what is right and proper, that they have been led to entertain
                    at home. It is our object to maintain as strict a discipline as public sentiment
                    in the country and the best interests of the young men may seem to permit or
                    demand. Beyond this it appears to us a folly to attempt to go. If the decisions
                    of the Faculty are in the view of the students, of uncalled for severity,
                    arbitrary, and as some of them may be led to represent, tyrannical, a spirit of
                    opposition to the government of the institution is gotten up which is likely to
                    do more mischief than impunity sometimes occurring. It has been our object
                    therefore to have the discipline of the <name key="name0001146" reg="University of North Carolina" type="organization">University</name>
                    mild and parental, rather than severe and disregardful of the interests of such
                    as might be unpleasantly affected by it. In this way the judgments of nearly all
                    the students are brought to approve of the decisions of the Faculty. There is no
                    revulsion of feeling on their part, and condemnation of what we have done. These
                    are important elements of quiet and order.</p>
                <p>With very nearly 400 students in attendance on the duties of college, many from
                    places considerably remote as well as those near at hand, it is by no means as
                    easy to maintain order and quiet as if there were only one fourth the part of
                    this number. Irregularities there always will be, but these have been promptly
                    and effectively checked, whenever there seemed to be an occasion and opportunity
                    for the interposition of the Faculty, and as we think, in a way to conduce to
                    the welfare of all concerned. It is our belief that the session which is passing
                    does not fall behind those which have preceded it, in a general correctness of
                    deportment on the part of the students and we suppose it to be pretty far in
                    advance of many sessions in this particular.</p>
                <p>2. With regard to the charge of Mr <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name>, that there is a disposition on the part of
                    his associates to drive him to a resignation we have only to say that we hope it
                    is unnecessary for us to assure the Committee that we have entertained no such
                    purpose and have indulged in no such feeling. It may be mentioned in evidence of
                    this, if proof shall be deemed necessary, that the appointment of Mr <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> to the
                    place he now fills, in the first instance, was on the recommendation of the
                        Faculty<pb id="unc06-39-p17" n="17"/>and that this recommendation has been a
                    certain number of times renewed (we cannot say how many times) at the close of a
                    session. That a charge of the kind mentioned may have been brought in some
                    particular instance by <hi rend="underscore">a student</hi> who was wanting in
                    judgment or in good feeling towards the Faculty, we can readily believe, and
                    that it may have been regarded as well founded by some person or person or
                    persons, is not altogether incredible but that a belief has been <hi rend="underscore">current amongst the students</hi> that there was or is a
                    disposition on the part of Mr <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse's</name> colleagues to drive him to a resignation we
                    have no doubt is a total mistake. There is so much of generosity, and such a
                    love of fair dealing amongst them as would serve to create a reaction in Mr
                        <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse's</name>
                    favor. He would be placed above the machinations of his colleagues, one and all,
                    if it were supposed or even suspected that they are inclined to act in such
                    manner against him.</p>
                <p><name key="pn0003244" reg="Whitaker, William H." type="person">William
                    Whitaker</name> with the history of whose misdemeanors, and the proceedings of
                    the Faculty in connexion with them, the memorial of Mr <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> is mainly occupied is
                    the son of Col. <name key="pn0003243" reg="Whitaker, Spier" type="person">Spier
                        Whitaker</name> formerly Attorney General of <name key="name0000745" reg="North Carolina" type="place">North Carolina</name>. Col. <name key="pn0003243" reg="Whitaker, Spier" type="person">Whitaker</name> has had
                    four sons educated at the <name key="name0001146" reg="University of North Carolina" type="organization">University</name>,
                    three of whom are graduates. He has two other sons now with us, and a third in
                    training near <name key="name0000484" reg="Hillsborough, NC" type="place" rend="yes">Hillsboro</name> for the next freshman class. <name key="pn0003244" reg="Whitaker, William H." type="person">William
                    Whitaker</name> has conducted himself tolerably well at the recitations of his
                    other instructors, and at some of them remarkably well. Against Mr <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> he seems
                    to have entertained a dislike from the beginning of his coming under the tuition
                    of that gentleman. We are all liable more or less to these accidents and hold
                    ourselves bound to treat such cases with a peculiar tenderness and care. It has
                    been the opinion of some members of the Faculty that Mr <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> did not always manage
                    them with tact, judgment and good temper: that he sometimes made issues which
                    might have been avoided.</p>
                <p>Their children not getting along in a way to please them, it was arranged between
                    Col <name key="pn0003243" reg="Whitaker, Spier" type="person">Whitaker</name>
                    and his <name key="pn0003241" reg="Whitaker, Elizabeth" type="person" rend="yes">Lady</name>, that he remaining in <name key="x" reg="x" type="place">Iowa</name>; she should come to <name key="name0000165" reg="Chapel Hill, NC" type="place">Chapel Hill</name>, purchase if possible a house, reside here,
                    advise with, and as far as she could, control her sons. A lot was purchased and
                    the house is now partly finished. Under<pb id="unc06-39-p18" n="18"/>these
                    circumstances occurred the difficulties that are the subject of Mr <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse's</name>
                    memorial. The young man conducted himself badly, beyond doubt, though it was
                    thought by some members of the Faculty that Mr <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> himself had acted
                    indiscreetly and goaded him on to the improprieties into which he was betrayed.
                    As is stated in Gov. <name key="pn0001638" reg="Swain, David Lowry" type="person">Swain's</name> communication to the <name key="name0000352" reg="Executive Committee, Board of Trustees" type="organization">Executive
                        Committee</name> read last evening to the Faculty — <name key="pn0003244" reg="Whitaker, William H." type="person">William
                    Whitaker</name> was cited by Mr <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> to attend <hi rend="underscore">after evening
                        prayers</hi> when, as the whole body of the Faculty is seldom present, it is
                    not in order to do more than <hi rend="underscore">reprimand for
                    misconduct</hi>. It is not according to the regular course of business to offer
                    a motion to dismiss or suspend. A motion to dismiss was nevertheless made and
                    lost by the casting vote of the President. Dr <name key="pn0001360" reg="Phillips, James" type="person" rend="yes">Phillips</name> was then sent
                    to have an interview with <name key="pn0003241" reg="Whitaker, Elizabeth" type="person">Mrs Whitaker</name> and his report was of such a character as
                    to induce the Faculty to suspend for the time being, all further proceedings
                    against the young man. <name key="pn0003241" reg="Whitaker, Elizabeth" type="person">Mrs Whitaker</name> desired a postponement of the whole
                    business, till she should be able to communicate with her <name key="pn0003243" reg="Whitaker, Spier" type="person" rend="yes">husband</name> and receive
                    his reply. We supposed that the <name key="pn0003244" reg="Whitaker, William H." type="person">Whitaker</name> case would give us no farther trouble. It was
                    called up at length to be finally disposed of, and with the hope and belief,
                    entertained by some of our number, that the presence and influence of the mother
                    would prevent future disorder on the part of the son, the motion to dismiss was
                    lost. These hopes and expectations have not been disappointed. </p>
                <closer>
                    <salute rend="center">Respectfully submitted</salute>
                    <signed><name key="pn0001194" reg="Mitchell, Elisha" type="person" rend="yes">E.
                            Mitchell</name><lb/>Chairman of the Committee</signed>
                </closer>
            </div1>
            <div1 type="official letter">
                <pb id="unc06-39-p19" n="19"/>
                <head type="original">To<lb/>His Excellency <name key="pn0001074" reg="Manly, Charles" type="person">Charles Manly</name>, Secretary of the
                        <name key="name0000107" reg="Board of Trustees" type="organization"> Board
                        of Trustees</name> of the <name key="name0001146" reg="University of North Carolina" type="organization">University of N.
                        Carolina</name>:</head>
                <opener>
                    <salute>Dear <name key="pn0001074" reg="Manly, Charles" type="person">Sir</name></salute>
                </opener>
                <p>As far as I am concerned in the matters brought before the <name key="name0000107" reg="Board of Trustees" type="organization">Trustees</name> by Mr. <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name>, I should be entirely satisfied not to add a
                    word to what has been so well said in reply; both by the President &amp; by
                    the Committee appointed by the Faculty. The other gentlemen complained
                    — I think it advisable, however, that each one of us should give his
                    own judgment of the case, and I beg leave, therefore, very respectfully to
                    submit my views of it.</p>
                <p>When I first came here, seven years ago, I thought, as Mr. <name key="pn0000733" reg="Harrisse, Henry" type="person" rend="yes">H.</name> does, that the
                    discipline of the <name key="name0001146" reg="University of North Carolina" type="organization">college</name> was too lenient. I had some difficulty
                    also in keeping order in my recitation room; &amp; was obliged, sometimes,
                    to invoke the interposition of the Faculty. I have gratefully to acknowledge
                    that my inexperience &amp; blunders were charitably regarded by my
                    colleagues; that they helped me out of my personal difficulties &amp;
                    counselled me wisely as to the ways &amp; means of avoiding them. I think I
                    may say I profited by their advice; for I have not had occasion to bring a
                    student before the Faculty for years past; &amp; I have long been persuaded
                    that the policy pursued<pb id="unc06-39-p20" n="20"/>here, in the exercise of
                    authority &amp; enforcement of discipline, as the very best —
                    the only expedient mode of college government that can be employed. I have seen
                    numerous instances, when patient forbearance, kind admonition, &amp; a
                    ready reception of any, even a slight, promise of amendment, have resulted in
                    saving the student from disgrace &amp; ruin. And if an administration is to
                    be judged by its results, surely the present condition of the <name key="name0001146" reg="University of North Carolina" type="organization">University</name> must be allowed to be very satisfactory. The number of
                    students has been considerably more than doubled since I came here; &amp;,
                    instead of increasing disorders, there has been a most remarkable improvement in
                    their general deportment.</p>
                <p>As to the particular grievances of Mr. <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name>, I cannot but think them
                    mostly owing to his own peculiar faults of temper &amp; character. In the
                        <name key="pn0003244" reg="Whitaker, William H." type="person">Whitaker</name> case, I could not sustain him, as I had often before done;
                    because I really believe that, with ordinary prudence, he might have avoided the
                    difficulty, altogether: &amp;, again, when he did make the personal issue
                    with <name key="pn0003244" reg="Whitaker, William H." type="person" rend="yes">W<hi rend="sup">m</hi> W</name>. he had no right to forestall the
                    judgment of the Faculty &amp; call upon us to execute his sentence. Mr.
                        <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name>
                    feels at liberty to impugn the motives of those who voted against dismissing
                        <name key="pn0003244" reg="Whitaker, William H." type="person">Whitaker</name>, alleging that they<pb id="unc06-39-p21" n="21"/>thus sought to
                    drive him to a resignation. Had he not, rather, sought to drive us to the
                    dismissing of <name key="pn0003244" reg="Whitaker, William H." type="person">Whitaker</name> by threatening to resign, if we refused? There are some
                    things, however, which even Mr. <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> cannot do; but I am afraid he will not learn
                    the lesson, short of the operation of <hi rend="underscore">Trepanning</hi>; so
                    wittily recommended, in the case of a certain English politician, by the Canon
                    of S<hi rend="sup">t</hi>. Paul's.</p>
                <closer>
                    <salute>With the request that this may be laid before the <name key="name0000352" reg="Executive Committee, Board of Trustees" type="organization">Executive Committee</name> along with the other
                        papers upon the subject, I am, my dear Governor<lb/>Yours truly</salute>
                    <signed>
                        <name key="pn0001756" reg="Wheat, John Thomas" type="person">J. T.
                        Wheat</name>
                    </signed>
                </closer>
            </div1>
            <pb id="unc06-39-p22" n="22"/>
            <div1 type="official letter">
                <pb id="unc06-39-p23" n="23"/>
                <head type="original">
                    <hi rend="underscore"><name key="pn0003244" reg="Whitaker, William H." type="person">W<hi rend="sup">m</hi>. Whitaker</name> Case —
                        15th Aug. 1856.</hi>
                </head>
                <p>I did not vote to dismiss Mr <name key="pn0003244" reg="Whitaker, William H." type="person">Whitaker</name> when reported by Mr. <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> at evening prayers in
                    the Chapel to be lectured for disorderly conduct in his recitation room because
                    I thought him already sufficiently punished for his offence by the rebukes which
                    he received from different members of the Faculty who were called upon in turn
                    to admonish him. Mr. <name key="pn0003244" reg="Whitaker, William H." type="person">Whitaker</name> denied warmly the justness of the
                    representation given by Mr. <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> stating that he had <hi rend="underscore">exaggerated</hi> his case which I believed to be true as almost every case
                    reported by Mr. <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> had been an extreme one. It did not appear from the defence
                    that Mr. <name key="pn0003244" reg="Whitaker, William H." type="person">Whitaker</name> had any deliberate intention either to disturb the order of the
                        recitation<pb id="unc06-39-p24" n="24"/>room or to set at defiance <name key="name0001146" reg="University of North Carolina" type="organization" rend="yes">College</name> authority but on the contrary that he declined to
                    recite when called on by Mr. <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> because he had not prepared the lesson and
                    therefore as is common in all such cases — in the language of the
                    students — "fessed" — using a slang
                    phrase (very improperly) to signify the fact. The laughter that ensued in the
                    class was believed to be more the result of Mr. <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse's</name> manner than the
                    language used by Mr. <name key="pn0003244" reg="Whitaker, William H." type="person">Whitaker</name>. This declination to recite in the peculiar
                    relations existing between the parties I thought Mr. <name key="pn0000733" reg="Harrisse, Henry" type="person" rend="yes">H.</name> ought to have
                    accepted &amp; not to have rushed into a personal altercation with Mr.
                        <name key="pn0003244" reg="Whitaker, William H." type="person" rend="yes">W.</name> in the recitation room &amp; in the heat of the quarrel to have
                    ordered him out closing the scene with an authoritative menace that he would
                    either have Mr. <name key="pn0003244" reg="Whitaker, William H." type="person">W.</name> dismissed from <name key="name0001146" reg="University of North Carolina" type="organization">College</name> or he
                    would leave himself. This committal<pb id="unc06-39-p25" n="25"/>on the part of
                    Mr. <name key="pn0000733" reg="Harrisse, Henry" type="person">H.</name> I most
                    decidedly disapprove of. The resolution to dismiss Mr. <name key="pn0003244" reg="Whitaker, William H." type="person">W</name> upon a recurrence of
                    disorder in the recitation room passed in the preceding session I did not
                    consider necessarily binding during the present as it is our custom to begin
                    each session or <gap reason="unrecovered"/> making each answer for its own
                    offences.</p>
                <p>In the final action of the Faculty on Mr. <name key="pn0003244" reg="Whitaker, William H." type="person">W.s</name> case I did not vote to
                    dismiss because in addition to the above and pending the difficulty with Mr.
                        <name key="pn0003244" reg="Whitaker, William H." type="person">W.</name> Mr.
                        <name key="pn0000733" reg="Harrisse, Henry" type="person">H.</name> thought
                    proper to complicate the case by divulging and misinterpreting language used in
                    Faculty meetings in reference to Mr. <name key="pn0003244" reg="Whitaker, William H." type="person">W.</name> giving out to the
                    students that the Faculty did not dismiss Mr. <name key="pn0003244" reg="Whitaker, William H." type="person">W.</name> because he was thought to
                    be deranged which was wholly untrue — and because moreover in view of
                    letters received from his <name key="pn0003243" reg="Whitaker, Spier" type="person" rend="yes">Father</name> &amp; interviews had with his
                        <name key="pn0003241" reg="Whitaker, Elizabeth" type="person" rend="yes">Mother</name> now residing in<pb id="unc06-39-p26" n="26"/>in <name key="name0000165" reg="Chapel Hill, NC" type="place">Chapel Hill</name>
                    &amp; Mr. <name key="pn0003244" reg="Whitaker, William H." type="person">W.</name> himself, it was deemed on the whole to be best — it being
                    my confident belief that under fair &amp; proper treatment there would be
                    no recurrence of difficulty on the part of Mr. <name key="pn0003244" reg="Whitaker, William H." type="person">W.</name> as the rest of the
                    Faculty have no cause to complain of his deportment but rather to commend it and
                    as in my own recitation room he has always conducted himself in a most
                    unexceptionable manner.</p>
                <closer>
                    <signed>
                        <name key="pn0001538" reg="Shipp, Albert Micajah" type="person">A. M.
                        Shipp</name>
                    </signed>
                </closer>
            </div1>
            <div1 type="official letter">
                <pb id="unc06-39-p27" n="27"/>
                <head type="original">
                    <hi rend="underscore">Private</hi>
                </head>
                <opener>
                    <dateline><name key="name0000165" reg="Chapel Hill, NC" type="place">Chapel
                            Hill</name>.<lb/><date>Friday Oct. 10<hi rend="sup">h</hi>. 1856</date></dateline>
                    <salute>My dear Sir.</salute>
                </opener>
                <p>Gov<hi rend="sup">r</hi>. <name key="pn0001638" reg="Swain, David Lowry" type="person">Swain</name> has intimated in one of his late letters to you
                    that my relations to M<hi rend="sup">r</hi>. <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> are not of a friendly
                    kind. <hi rend="underscore">I</hi> might therefore be excused from noticing his
                    criticisms as far as they comprehend me. But that it may appear that I am really
                    one of those arraigned — although now always voting a <hi rend="underscore">non liquet</hi> where M<hi rend="sup">r</hi>. <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> is
                    concerned — I send this my adhesion to the acts of the majority
                    — <hi rend="underscore">lax</hi> as they may be. This imputation of
                    lax discipline is to say the least a very cheap criticism — one
                    readily listened to, and among the thoughtless likely to gain one credit.
                    Whether it is deserved here — no one can tell from the inspection of
                    our records which generally give the results without the reasons for them. If
                    our pupils are surrounded with stricter and holier influences here than they are
                    in the majority of the villages<pb id="unc06-39-p28" n="28"/>and homes of the
                    country — I am sure that we are doing a good work here —
                    we are elevating the moral tone of the community — it may be slowly
                    but is it not surely. Now it should always be remembered that a stern and rigid
                    discipline is an easy one for the Governors of an Institution. To prescribe a
                    punishment — to decide whether it has been incurred — and
                    to inflict it are rapid and easy processes. By promptly cutting bad scholars we
                    save ourselves much trouble, vexation of spirit — many worryings and
                    expostulations, and mortifications that such an ignoramus was our pupil. But our
                    object if I understand it aright should be not only to improve the good
                    — rather to keep them where they are. It should also include the
                    making the bad good How can we do this if we do not keep them as long with us as
                    we can. I know that it is written "Because sentence against an evil
                    look is not speedily executed, therefore the hearts of the children of men are
                    fully set in them to do<pb id="unc06-39-p29" n="29"/>evil.." But He who
                    thus graciously reminds us of the dangers that beset us — bears with
                    us time and again.. I do not say that we must shut our eyes to the deliquencies
                    of our pupils — or that they should ever be allowed to think us weak
                    or forgetful. But there is a <hi rend="underscore">"Charity that covers
                        a multitude of sins."</hi> How many it ought to cover is a serious
                    question — and one I beg leave to submit not likely to be intuitively
                    decided by one of a defective education and regardless of the precepts of our
                    holy Religion.</p>
                <p>I am a teacher's son — one whose long success shows that he can teach.
                    I have been accustomed to hear the private discussions of eminent teachers at
                    home and abroad. I have been a teacher now for fifteen years — I love
                    to teach, and I expect to die a teacher among the people who have known me from
                    infancy — and have honored me more than I deserve. Having thus proper
                    instincts to gratify and a professional reputation to secure, it is not likely
                    that I have<pb id="unc06-39-p30" n="30"/>lightly or wickedly pursued such a
                    course as that imparted to me and my colleagues by M<hi rend="sup">r</hi>. <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name>. Among
                    other criticisms issued so infallibly by M<hi rend="sup">r</hi>. <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> is one
                    that your honorable body has been so careless as heretofore to have made
                    Professors of the French language and Literature out of bakers and fencing
                    masters. This may have been a misfortune, but many of us think that it is not
                    relieved by having them succeeded by a watchmaker. There is something in being
                        <hi rend="underscore">"to the manner born."</hi></p>
                <p>Our plans are practices here may be such <hi rend="underscore">as surprise all
                        who do not know us</hi>. But one thing may be said that endorsed by our
                    experienced <name key="name0000107" reg="Board of Trustees" type="organization">Board of Trustees</name> they have in twenty years given us access to the
                    heads and hearts of 395 of our young fellow citizens instead of 89.</p>
                <p>We rejoice — Sir — to learn that the pains of your body
                    have been mitigated, and that you may for years to come help us with your wise
                    counsels and judicious approval.</p>
                <closer>
                    <salute>With high respect, I am,</salute>
                    <signed>
                        <name key="pn0001357" reg="Phillips, Charles" type="person">Charles
                        Phillips</name>
                    </signed>
                </closer>
            </div1>
            <div1 type="official letter">
                <pb id="unc06-39-p31" n="31"/>
                <opener>
                    <dateline>
                        <name key="name0000165" reg="Chapel Hill, NC" type="place">Chapel Hill</name>
                        <lb/>
                        <date>Octr. 10<hi rend="sup">th</hi>. 1856,</date>
                    </dateline>
                    <salute>My dear Sir,</salute>
                </opener>
                <p>Before I am "hung, drawn &amp; quartered" on account of
                    the serious charges exhibited by Mon. <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> against sundry members
                    of the Faculty, amongst whom, your humble servant, unfortunately, happens to be
                    found, I desire to say a word or two in palliation of my offence &amp; in
                    mitigation of my sentence.</p>
                <p>M<hi rend="sup">r</hi>
                    <name key="pn0003244" reg="Whitaker, William H." type="person">Whitaker</name>
                    was cited before the Faculty, as stated in Gov. <name key="pn0001638" reg="Swain, David Lowry" type="person">Swain's</name> letter to the <name key="name0000107" reg="Board of Trustees" type="organization">Trustees</name>, by <name key="pn0000733" reg="Harrisse, Henry" type="person">M. H.</name> &amp; a motion made to dismiss him, which was lost by the
                    casting vote of the President, who remarked that the proceeding was irregular
                    because a full meeting had not been called &amp; was not present. A motion
                    was then made instructing me to see <name key="pn0003241" reg="Whitaker, Elizabeth" type="person">M<hi rend="sup">rs</hi>
                    Whitaker</name>, his mother, state the case to her fully &amp; see if she
                    could not bring her authority to bear on her child, that, at least, no further
                    trouble from him might be apprehended. She expressed her thankfulness for the
                    kindness shewn to herself &amp; the leniency with which her son had been
                    treated &amp; begged that, if possible, no further steps should be taken
                    for the present in the case until a reply to a letter written to the <name key="pn0003243" reg="Whitaker, Spier" type="person" rend="yes">Col.</name>
                    should be received. She further said that <name key="pn0003244" reg="Whitaker, William H." type="person" rend="yes">William</name> had told
                    her of what had occurred &amp; on her remonstrating with him for his
                    disrespectful conduct towards his teacher he said that he believed, &amp;
                    his class also, that the "<name key="pn0000733" reg="Harrisse, Henry" type="person" rend="yes">Frenchman</name> was a liar &amp; an
                    infidel," &amp; that he could not respect him. This conversation I
                    reported <hi rend="underscore">privately</hi> to Gov. <name key="pn0001638" reg="Swain, David Lowry" type="person">Swain</name>, before the meeting of
                    the Faculty to whom I only made known <name key="pn0003241" reg="Whitaker, Elizabeth" type="person">M<hi rend="sup">rs</hi> W's</name>
                    feelings &amp; her request for a respite.</p>
                <p>As to the vote I gave in the Faculty I must say that after the lapse<pb id="unc06-39-p32" n="32"/>of so many weeks I see no reason to change it. It
                    is true, that M<hi rend="sup">r</hi>
                    <name key="pn0003244" reg="Whitaker, William H." type="person">W's</name> reply
                    when called to recite was improper; but it was scarcely prudent in his <name key="pn0000733" reg="Harrisse, Henry" type="person">teacher</name>, knowing
                    the state of his pupils feelings towards him to press the matter any farther
                    &amp; get into a controversy with him before the class, nor does it appear
                    to me that the complexion of the case changed for the better when <name key="pn0000733" reg="Harrisse, Henry" type="person">M. H.</name> ordered him
                    to leave the room. It was exercising the highest power of a single college
                    officer, — a power which <hi rend="underscore">me judice</hi>, ought
                    seldom to be used &amp; only in extreme cases &amp; when the teacher
                    is calm, collected &amp; unexcited; a state of mind &amp; feeling
                    which <name key="pn0000733" reg="Harrisse, Henry" type="person">M. H.</name> did
                    not possess. But admitting all this to be precisely what it ought to have been I
                    do not think, I can't think that M<hi rend="sup">r</hi>
                    <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> had
                    any right to threaten dismission or suspension, or, should he fail in securing
                    such a sentence, he would resign his situation; &amp; I do not think it was
                    either courteous or courageous secretly &amp; without the least semblance
                    of truth to ascribe motives to those, who felt they could not sustain his views,
                    which they do not think themselves base enough to entertain. To a want of
                    prudence on the part of <name key="pn0000733" reg="Harrisse, Henry" type="person">M. H</name> must be attributed the fact, that when
                    subsequently interrogated by a member of the Junior Class why <name key="pn0003244" reg="Whitaker, William H." type="person">W<hi rend="sup">m</hi> W.</name> was not dismissed, he replied "because the
                    Faculty deemed him insane," &amp; for which there is reason to
                    believe, he would have been treated roughly but for the timely &amp; active
                    interference of one of the accused.</p>
                <p>As to the charge of a design, on the part of some of <name key="pn0000733" reg="Harrisse, Henry" type="person">M. H's</name>
                    "colleagues," to drive him from the <name key="name0001146" reg="University of North Carolina" type="organization">Institution</name>, I
                    must say <hi rend="underscore">there is not a particle of truth</hi> in the
                    allegation; &amp; I can only account for the charge being made by
                    supposing, that he was conscious that his petulance &amp; arrogance would
                    justify such a course. I do say this is a very inconsiderate charge. It implies
                    so much blindness on our part, such a want of the power of perception in his
                    enemies, that makes one ashamed. Why, my<pb id="unc06-39-p33" n="33"/>dear Sir,
                    the manner in which he <hi rend="underscore">thrust</hi> himself on the Faculty,
                    the tenacity with which he has held on, &amp; the <hi rend="underscore">modesty</hi> with which he has pressed his claims on the <name key="name0000107" reg="Board of Trustees" type="organization">trustees</name> for a Professorship, indicate so surely his delicate
                    sensibility to what was due to himself, &amp; his mere appreciation of the
                    "το
                    πρεπου" of
                    the ancient Greeks, that forbid all hope of success in such an eliminating
                    process.</p>
                <closer>
                    <salute>Hoping that you have been restored to your usual health &amp; that
                        for many years yet future you may be spared as a light to your family
                        &amp; your <name key="name0001146" reg="University of North Carolina" type="organization" rend="yes">Alma Mater</name></salute>
                    <salute rend="center">I am<lb/>My dear Sir<lb/>Most cordially<lb/>Yours</salute>
                    <signed>
                        <name key="pn0001360" reg="Phillips, James" type="person">James
                        Phillips</name>
                    </signed>
                </closer>
            </div1>
            <div1 type="postscript">
                <p>P.S. This is —entre nous, s'il vous plait, Monsieur. P</p>
            </div1>
            <pb id="unc06-39-p34" n="34"/>
            <div1 type="official letter">
                <pb id="unc06-39-p35" n="35"/>
                <head type="original">Mr. <name key="pn0003244" reg="Whitaker, William H." type="person">Whitaker's</name> Case on the 15<hi rend="sup">th</hi> of
                    August was as follows.</head>
                <p>Mr. <name key="pn0003244" reg="Whitaker, William H." type="person">Whitaker</name> having been summoned by Mr. <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> to appear before the
                    Faculty in the Chapel after Evening Prayers, was charged by him with grossly
                    improper conduct in his Recitation Room — that when called upon to
                    recite, he refused to do so, replying in a slang phrase, "you are out
                    of it," which phrase (not being understood in the sense in which it was
                    intended) was regarded as the language of insult by Mr. <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name>, who, after indulging in
                    some severe remarks, told him that he must either recite or leave the room. Mr.
                        <name key="pn0003244" reg="Whitaker, William H." type="person">Whitaker</name> declined to do either, whereupon Mr. <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name>, becoming excited, <hi rend="underscore">ordered</hi> him to leave the room, &amp; on his
                    refusing to do so, declared that he would have him dismissed from <name key="name0001146" reg="University of North Carolina" type="organization">College</name>, or if that were not done, that he would<pb id="unc06-39-p36" n="36"/>leave himself. Mr. <name key="pn0003244" reg="Whitaker, William H." type="person">Whitaker</name>, when called upon
                    for his statement, replied that Mr. <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse's</name> account of the affair was exaggerated
                    — that he did not know his lesson &amp; had used the phrase
                    above quoted to inform his Instructor of the fact — that he stated in
                    the Recitation Room that he had made no previous preparation &amp;
                    therefore could not recite. This statement made by Mr. <name key="pn0003244" reg="Whitaker, William H." type="person">Whitaker</name> in the presence of
                    the Faculty, was not contradicted by Mr. <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> at the time. Now I do
                    not wish to be understood as defending the conduct of Mr. <name key="pn0003244" reg="Whitaker, William H." type="person">Whitaker</name>. On the contrary I
                    consider it very improper &amp; as deserving of punishment. But, under the
                    circumstances, I am free to say that this unpleasant difficulty might easily
                    have been avoided by the exercise of a little tact &amp; ordinary prudence.
                    Mr. <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name>
                    having been the only member of the Faculty, who has ever cited him to appear
                    before them, or who has, at any time, had any serious trouble with him,
                    &amp; knowing the peril in which he (Mr. <name key="pn0003244" reg="Whitaker, William H." type="person">W.</name>)<pb id="unc06-39-p37" n="37"/> stood, in the event of his coming before that Body again seemed to
                    me to have taken advantage of his position in his treatment of him &amp; to
                    have goaded him into resistance.</p>
                <p>Another motive operated upon me in voting as I did, viz, that no member of the
                    Faculty has a right to commit the whole Body to any course, which may seem
                    agreeable to himself, especially when he may be excited by anger, or heated by
                    passion. In my opinion, it would be far better for the interests of the <name key="name0001146" reg="University of North Carolina" type="organization">College</name>, that the offender should escape unpunished, than that
                    arbitrary power of this kind should be placed in the hands of a single
                    individual. Such a practice, if once adopted, would introduce a host of evils
                    into the government of the <name key="name0001146" reg="University of North Carolina" type="organization">Institution</name>,
                    which would, in a short time, drive from its walls all honorable &amp;
                    high-minded young men. I have always held this opinion &amp; stated it, at
                    the time, to Dr. <name key="x" reg="x" type="person" rend="">Phillips</name>
                    &amp; Prof. <name key="pn0001538" reg="Shipp, Albert Micajah" type="person">Shipp</name>, as the ground of my action in the premises. I did not then,
                    nor do I now think that Mr. <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> ought to have been<pb id="unc06-39-p38" n="38"/> sustained in the course he chose to adopt of threatening a student with
                    dismission, simply because his orders were disregarded by him. </p>
                <p>My own intercourse with Mr. <name key="pn0003244" reg="Whitaker, William H." type="person">Whitaker</name> has been pleasant &amp; agreeable. He has
                    always shown a commendable diligence in the studies of my department &amp;
                    has been very attentive in my Recitation Room.</p>
                <closer>
                    <signed>
                        <name key="pn0000510" reg="Fetter, Manuel" type="person">M. Fetter</name>
                    </signed>
                    <dateline rend="left">
                        <name key="name0000165" reg="Chapel Hill, NC" type="place">Chapel Hill N.C.</name>
                        <lb/>
                        <date>Oct. 10. 1856</date>
                    </dateline>
                </closer>
            </div1>
        </body>
    </text>
</TEI.2>