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Title: Letter from David L. Swain to Charles Manly, September 19, 1856: Electronic Edition.
Author: Swain, David L. (David Lowry), 1801-1868
Funding from the University Library, University of North Carolina at Chapel Hill supported the electronic publication of this title.
Text transcribed by Bari Helms
Images scanned by Caitlin R. Donnelly
Text encoded by Caitlin R. Donnelly
First Edition, 2007
Size of electronic edition: ca. 12K
Publisher: The University Library, University of North Carolina at Chapel Hill
Chapel Hill, North Carolina
© This work is the property of the University of North Carolina at Chapel Hill. It may be used freely by individuals for research, teaching and personal use as long as this statement of availability is included in the text
The electronic edition is a part of the University of North Carolina at Chapel Hill digital library, Documenting the American South.
Languages used in the text: English
Revision history:
2007-03-01, Caitlin R. Donnelly finished TEI/XML encoding.
Title of collection: University of North Carolina Papers (#40005), University Archives, University of North Carolina at Chapel Hill
Title of document: Letter from David L. Swain to Charles Manly, September 19, 1856>
Author: D. L. Swain
Description: 6 pages, 7 page images
Note: Call number 40005 (University Archives, University of North Carolina at Chapel Hill)
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Letter from David L. Swain to Charles Manly , September 19, 1856
Swain, David L. (David Lowry), 1801-1868

Page 1
Chapel Hill 19th Sep 1856.

My Dear Sir ,

Your note of the 13th enclosing certain Resolutions, with respect to the alledged failure of the Faculty to comply with the ordinances of the University in relation to disorderly conduct of students, "on the rail road cars, at circuses, and other places" which disorderly conduct the Executive Committee have reason to beleive is daily increasing, and requiring the Faculty in future not only in view of the approaching State Fair, but on all occasions whatever to execute the ordinances of the University in such a manner as shall suppress the evil, was duly received and submitted to the consideration of the Faculty.
I am instructed to state in reply that while the Faculty entertain and suspicion, that the Executive Committee, or any member of it would do them intentional injustice, they owe it to proper

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self respect to intimate the opinion, that the allegations contained in the resolutions are founded in misconception.
With respect to daily increasing disturbances among the students, I will content myself with a reference to my letter of the 12th (the day previous to the adoption of the Resolutions), as presenting a fair statement of what the Faculty beleived then and beleive now to be the true condition of the Institution.
The only ordinances which can be supposed to apply to the course pursued by the Faculty with respect to the misconduct complained of, are the following.
"No student shall absent himself from the University during the Session without permission first obtained from the President or in his absence from the presiding Professor. But leave of absence from recitation may be granted to a student by his Professor or Tutor." Chap IV. Sec. 7. p. 15.

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"No student shall absent himself from the University nor shall he attend any election without leave, unless it be to exercise the right of suffrage." Chap VI. Sec. 11. p. 17.
"A student who shall reside within two miles of the University in the vacation, shall be subject to the laws of the Institution, in regard to moral conduct so as to be responsible for violation of them, when he shall apply for admission in the ensuing Session." Chap VI, Sec. 31, p. 28.
Our ordinary practice for the last two or three years has been to give no permission to any one to absent himself from scholastic duties, except upon a written petition, stating that he is authorized from home to make the application; the purpose for which he desires to leave; and the time that he expects to return. In all cases when circumstances seem to require it, the written petition is sent to the parent or guardian with the semi-sessional report on scholarship and deportment.
There was a circus at Hillsboro and Raleigh last week and about the same time

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last year. No student attended either by the permission of the Faculty. There were probably a few persons at Hillsborough who left here after evening prayers and returned before Prayers, the next morning, and cases of this kind, no vigilance which the Faculty can be expected to exercise will at all times prevent. No information however of gross misconduct at a circus, within the last few months, has reached us except through the medium of these resolutions. If the names of the offenders shall be communicated to us, they will be held to the proper accountability.
That there has been gross misconduct of the part of the young men, in coming to and returning from the institution, along the line of rail road, before the beginning and after the close of the two last sessions, is beleived to be true. The Faculty beleive moreover, that if the Executive Committee, were aware of the repeated and earnest efforts, made here, to produce a better state of things they would award to us the credit of good intentions at least.
The disorders of which the most numerous complaints have reached us occured at Raleigh during the two last winter vacations.

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The ordinances not only, do not give the Faculty any power over such cases, but when Dr Hill in consequence of the misconduct of some young men at Hillsborough, nearly 20 years ago, proposed to do so, the resolution was opposed by the late Judge Gaston , and rejected by a nearly unanimous vote on the ground, that it would be altogether unreasonable, to require the Faculty to attempt to maintain discipline, at many and distant points, in this and other states, during the period of vacation, when they might well be supposed, to need rest and recreation.
I confess I have been surprized and have so intimated to several citizens of Raleigh that the gross misconduct of which they complained should have been permitted to escape animadversion and punishment at the seat of government.
Such things are not attempted here, and if they were, the police would suppress them very promptly.

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The Faculty can but regret moreover that information communicated with respect to these disturbances at Raleigh, has in no instance been accompanied by the names of the offenders and that repeated inquiries have been made in vain.
I need scarcely state in conclusion, that no one regrets the occurrences more sincerely than the Faculty, or will go farther than they in lawful efforts to prevent a repetition of them.

Yours very sincerely,

D. L. Swain ,

Hon. Charles Manly .

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