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The Rev. Wm. C. Crane, Clerical Trustee for the Diocese of Mississippi, appeared and took his seat in the Board.
On motion, the Board went into Committee of the Whole on the Statutes.
Presently the Committee rose, reported back the Statutes with sundry amendments, and asked to be discharged. The request of the Committee was granted, and the Report taken up for consideration.
The Rt. Rev. Bishop Green moved to amend Statute V by inserting "School of Sacred Music," between "School of Theology" and "School of Law."
The motion did not prevail.
On motion of Rev. Mr. Crane, it was
Resolved, To insert after "School of Fine Arts," the words, and including Sacred Music."
On motion of Mr. Calhoun, it was unanimously
Resolved, That the Statutes as now amended, be and are hereby adopted for the government of the University. (Vide Appendix.)
The following named members of the Board of Trustees were present on the passage of the foregoing Resolution, whereby these Statutes were adopted--to-wit:
OF THE EPISCOPAL ORDER.
Rt. Rev. Jas. H. Otey, D. D., LL. D., Rt. Rev. Leonidas Polk, D. D., Rt. Rev. Stephen Elliott, D. D., Rt. Rev. N. H. Cobbs, D. D., Rt. Rev. Wm. M. Green, D. D., Rt. Rev. F. H. Rutledge, D. D., Rt. Rev. Thomas Atkinson, D. D.
CLERICAL AND LAY MEMBERS.
N. C.--Rev. M. A. Curtis, D. D. S. C.--Rev. Alex. Glennie, J. A. Calhoun, Hon. W. A. Pringle. Ga.--Rev. W. N. Hawks, Daniel Griffin. Fla.--Rev. J. J. Scott, D. D., G. R. Fairbanks, Geo. Whitfield. Ala.--Rev. J. M. Mitchell, C. T. Pollard. Miss.--Rev. W. C. Crane. Tenn.--Rev. David Pise, D. D., Francis B. Fogg. Texas.--Rev. Benj. Eaton.
On motion of the Rev. Mr. Mitchell, it was
Resolved, That the organization contemplated under the Constitution and Statutes adopted by this Board, be suspended until such time as the Board may deem such organization advisable.
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On motion of Mr. Fairbanks, it was
Resolved, That the following be enacted as the XXII Statute:
"There shall be an Annual Meeting of the Board of Trustees, at the site of the University, on the second Wednesday of August, in each and every year."
On motion of Rev. Mr. Mitchell, it was
Resolved, That until the next meeting of this Board, an Executive Committee, consisting of Rt. Rev. J. H. Otey, D. D., LL. D., Rt. Rev. L. Polk, D. D., Rt. Rev. Stephen Elliott, D. D., Rev. David Pise, D. D., G. R. Fairbanks, Esq., Arthur M. Rutledge, Esq., and John M. Bass, Esq., be, and is hereby appointed with full power and authority to make such expenditures as may be necessary to prepare the Lots on the University Domain for lease, to audit and settle all outstanding accounts against the University, and to attend to all those matters connected with the success of the University, which they may deem necessary.
On motion of Mr. Griffin, it was
Resolved, That the following be enacted as the XXIII Statute:
LIABLILITY FOR SALARIES.
In case of the removal of any officer of this University by the Board of Trustees before the termination of his prescribed tenure of office, he shall have no claim whatever for the proportion of salary appertaining to the unexpired term of said tenure.
The Report of the Executive Committee was again brought up and ordered to be put on file.
The Committee appointed to draft appropriate resolutions relative to the death of the late Geo. S. Yerger, Esq., made through their chairman, Geo. R. Fairbanks, Esq., the following Report, which was unanimously adopted:
The Committee appointed to report appropriate Resolutions relative to the death of the late George S. Yerger, a Lay Trustee of the Diocese of Mississippi, offer the following Resolutions for the adoption of this Board.
Resolved, That this Board most deeply regret and deplore the removal, by death, of the Hon. George S. Yerger, a Lay-Trustee from the Diocese of Mississippi, a most valuable member of this Board, and an earnest and zealous friend of this University from its inception, and one who in all the relations of life exhibited the noblest qualities of the christian and the man.
Resolved, That a copy of this action of the Board be transmitted
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by the Secretary to the family of the deceased, and be entered on the Minutes.
G. R. FRAIRBANKS, Chairman.
On motion, it was
Resolved, That the Executive Committee be required to perform the duties of the Committee on Conveyance and Superintendence of Lands, and may appoint an Agent to receive all deeds and other conveyances.
Resolved, That F. B. Fogg, Registrar heretofore appointed, be authorized to deliver to the Chairman of the Executive Committee the deeds and papers he has received, to be deposited in the vaults of the University.
Mr. Fogg laid before the Board the following amendment to the Charter, recorded in the Appendix to the Proceedings of the Board in New Orleans, February, A. D. 1860, which was unanimously accepted as an amendment to the Charter. It is in the following words, to-wit:
An Act to amend an Act of January 6th, 1858, Chapter 29th of the Private Laws, entitled "An Act to Establish the University of the South."
SECTION 1. Be it enacted by the General Assembly of the State of Tennessee: That Stephen Elliott, Wm. N. Hawks, Daniel Griffin, and J. Hamilton Couper, be, and they are hereby appointed additional Trustees to said University of the South.
SEC. 2. The said University of the South shall have power and authority to receive donations and grants of land, in addition to the number of acres specified in the Tenth Section of the Charter. Provided, That if said additional donations or grants are of lands in this State, that such lands be sold and disposed of by the University, and converted into personal securities or State bonds.
SEC. 3. The said University of the South shall have a right to establish such police and municipal regulations as may be necessary for the preservation of order and the enforcement of the by-laws of said University; the same to be consistent with the laws and constitutions of the United States and of this State. That the foregoing shall be the Amendment of the Charter of said University.
SEC. 4. Be it further enacted: That this Act shall take effect from and after its passage.
(Signed) W. C. WHITTHORNE, Speaker of the House of Representatives.
TAZ. W. NEWMAN, Speaker of the Senate.
Passed January 19th, 1860.
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STATE OF TENNESSEE.
I, J. E. R. Ray, Secretary of State, hereby certify that the foregoing Act is a true copy of the enrolled Act, now on file in my office, passed by the Legislature of Tennessee on the 19th day of January, A. D. 1860.
In testimony whereof, I have hereunto set my hand and affixed the great seal [L. S.] of the State of Tennessee, at office in Nashville, on this 3d day of February, A. D. 1860.
(Signed) J. E. R. RAY, Secretary of State.
The Committee on Finance made the following report, which was adopted:
The Committee on Finance, report for the information of the Board of Trustees--
That they have examined the accounts submitted by the Commissioners, and they find they have paid out as follows:
To Col. Barney, Engineer, for his salary, and for payment of expenses connected with the improvement of the University Grounds................................................$ 4,177 27
To Bishop Hopkins for his services in laying out grounds 900 51
For Printing and for expenses connected with it............. 1,986 05
Postage........................................................................ 39 31
To Dr. Pise, by order of the Board.................................. 69 85
For Books..................................................................... 29 84
For Traveling Expenses of Bishops Polk and Elliott, before the commencement of their salaries as Commissioners, and when traveling on other business than as Commissioners......................................................... 350 80
To James B. Craighead, Treasurer, on deposit.................. 600 00
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Making a total of..........................................$ 8,153 63
Which payments are sustained by satisfactory vouchers.
Their salaries as Commissioners, from the 12th August, 1859, to 12th August, 1860, amount to............................... 10,000 00
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Making a total of...........................................$18,153 63
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Which has been provided for principally by collections from the subscriptions to the University funds made in the State of Louisiana and Alabama to the exten of. 17,470 00 ---------------And which leaves a balance yet due them of.................. 683 63
To this add the amount of outstanding debts due for improvement of grounds, erection of buildings, expenses of laying corner stone, Engineer's salary, &c., estimated at...................................................................... 8,000 00 ---------------And the indebtedness of the University is shown to be...$ 8,683 63
The Committee find upon reference to their report that the Commissioners have obtained subscriptions and have received therefor bonds and obligations amounting to............................$368,089 99
They have yet in subscription form, to be settled by Note........................................................................... 25,400 00 --------------Making a total of...................................$393,489 99
The bonds and obligations have been disposed of as follows:
They have deposited with the Treasurer of Lousiana.................................................$264,160 00 Treasurer of Alabama............................... 52,259 99 Treasurer of Mississippi............................ 7,320 00 Treasurer of Tennessee............................. 28,480 00 Treasurer of North Carolina...................... 1,180 00 Treasurer of Texas.................................... 1,240 00 They have in their hands bonds and notes to be delivered to the Diocesan Treasurer. 13,450 00 ----------------$368,089 99
Taking it for granted that the promise of a subscription of $25,000. made by Dr. T. D. Warren, referred to by the Commissioners will be complied with, they add it to the above................................................................. 25,000 00 --------------And the total amount of bonds, obligations and subcriptions is shown to be................................................$418,489 99
Which the Commissioners believe to be good beyond all doubt.
To show as fully as possible the financial conditon of the University, there should be taken from the total amount of bonds, ob-
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ligations and subscriptions, placed beyond all doubt, amounting, as before stated, to.........................................................393,489 99
Such an amount as has been used and may be required over and above the accounts and interest up to this date, as will provide for and pay off every outstanding obligation of the University, and which they estimate from the best information they can obtain, will be covered by the sum of..................................................... 18,489 99 ---------------Leaving a nett sum of.....................................$376,000 00
To which may be added the value of 8,000 acres of land at Sewanee, estimated by the Commissioners and the Executive Committee as worth.............................................................$100,000 20,000 tons of Transportation on the Sewanee Railroad, worth............................................... 20,000 20,000 tons of Coal from the same.................... 7,000 1,000,000 feet of Lumber from the lands of the same.............................................................. 3,000 130,000 ----------- -----------And the bonds, notes, obligations and property of the University may be estimated at.................................. $505,000
In estimating the value of the property, the Committee have taken the report of the Commissioners, sustained by the opinion of the Executive Committee. Of course the value is contingent upon the building of the University--when put in operation the Committee believe the estimate will be found below the actual value of the property--and as the subscriptions, in the main, are upon the same footing, they have no hesitation in submitting to the Board the foregoing estimate.
M. A. CURTIS. C. T. POLLARD. DANIEL GRIFFIN.
On motion of the Rt. Rev. Bishop Elliott, it was
Resolved, That the thanks of this Board be presented to Col. John S. Preston, for his Oration, delivered at the ceremony of the laying of the Corner Stone of the Central Building of the Universitly of the South, on the 10th of October, that a copy of the same be requested for publication, and that a Committee of three be appointed to confer with Col. Preston upon the subject.
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The Chair appointed on that Committee, the Rt. Rev. Bishops Elliott, and Polk, and Mr. Geo. R. Fairbanks.
On motion of Mr. C. T. Pollard, it was
Resolved, That a Committee of three be appointed by the President of the Board, to be known as the Committee on Finance, which shall meet at University Place, at least three days before the next Annual Meeting of the Board, and to which shall be reported by the Commissioners, Executive Committee, Diocesan Treasurers, and Treasurer of the University, all such matters as may be under their direction and control connected with the financial affairs of the University, to be furnished to the Board on its assembling.
The Chair appointed on that Committee, Rev. Mr. Mitchell, and Messrs. Pollard and Griffin.
On motion of Mr. Fogg, it was
Resolved, That Mr. James B. Craighead be continued as Treasurer of the University till the next meeting of the Board.
On motion of Mr. Fairbanks, it was
Resolved, That the Executive Committee be authorized to arrange the reservations required for the use of the University, and around the Springs, and also to lay out Public Grounds, Avenues, Streets, &c., and shall give two months' notice before the first of June next, or as soon thereafter as may be practicable, for leasing of the lots on the domain. The size and shape of the lots, and the terms, conditions, and mode of leasing thereof, shall be determined by the Executive Committee, who shall have full discretionary power in reference to all matters connected therewith.
On motion of Mr. Pollard, it was
Resolved, That the Commissioners appointed under the Resolution of the Board adopted at the meeting at Beersheba Springs, be continued in office for the coming year, upon the same terms provided for in that Resolution.
On motion of the same, it was further
Resolved, That the Commissioners are authorized to provide for their compensation from such funds as may come into their hands.
On motion of the same, it was
Resolved, That the Executive Committee be authorized to draw upon the Treasurer for such funds as may come into his hands; and that the Commissioners be authorized to assist the Executive Committee, by transferring to them such amounts of available paper as may be under their control, to pay off the outstanding debts of the
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University, and to provide for such expenditures as may be necessary in the performance of the duties imposed on said Executive Committee.
The Committee on Plans for the Central Building made a Report, for the consideration of which, the Board passed into Committee of the Whole.
Presently the Committee rose, reported that the subject committed to them had been under consideration, and reccommended the adoption of the following Resolution, and asked to be discharged.
On motion, the Committee was discharged, ant their Resolution adopted, as follows--to wit:
Resolved, That the plans of the Architects be referred to the Executive Committee, who shall hear the Architects in explanation of their plans, and be authorized to decide upon some one for which compensation shall be made to the Artist. To carry out the intention of the advertisement, the sum of four hundred dollars shall be paid for the plan selected.
On motion of Bishop Polk, it was
Resolved, That the Executive Committee be instructed to petition the Government to change the name of the Post Office from "University Place," to "Sewanee."
On motion of Dr. Curtis, it was
Resolved, That 1000 copies of the Minutes, with the Constitution and Statutes appended, and 1000 copies of the Constitution and Statutes in a separate pamphlet, be printed under the direction of the Secretary.
On motion, it was
Resolved, That Col. Barney be continued as Engineer of the University, with the same compensation as hitherto allowed.
On motion of Rev. Mr. Mitchell, it was
Resolved, That when this Board adjourns, it adjourn to meet on the second Wednesday in August next.
On motion of Mr. Whitfield, it was
Resolved, That the thanks of this Board be presented to the Rev. Dr. Pise for his faithful and efficient services as Secretary of this Meeting.
The minutes were then read and approved.
In the temporary absence of the President, who had retired on account of bodily indisposition, Prayers were offered and the Ben-
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ediction pronounced by the Rt. Rev. Bishop Polk, and the Board adjourned.
JAS. H. OTEY, President of Board.
[Attest.]
DAVID PISE, Secretary.
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APPENDIX.
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CONSTITUTION AND STATUTES OF THE UNIVERSITY OF THE SOUTH, ADOPTED AT THE MEETING HELD AT Sewanee, Franklin County, Tenn., From October 9th to 12th Inclusive.
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NASHVILLE: BANG, WALKER & COMPANY, BOOK AND JOB PRINTERS. 1860.
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CONSTITUTION --OF-THE UNIVERSITY OF THE SOUTH.
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ARTICLE I.
This University shall be called THE UNIVERSITY OF THE SOUTH, and shall in all its parts be under the sole and perpetual direction of the Protestant Episcopal Church, represented through a Board of Trustees.
ARTICLE II.
OF THE BOARD OF TRUSTEES.
The Board of Trustees shall be composed of the Bishops of North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Texas, Tennessee, and the Bishop exercising jurisdic-
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tion in Arkansas, ex-officio, and of one clergyman and two laymen from each of said Dioceses, to be elected by the Conventions of the same; who shall hold their offices for the term of three years from the date of their election, or until their successors shall have been appointed. If there should be an assistant Bishop in any of these Dioceses, the Diocese in which there is an assistant Bishop may be represented by either its Bishop or its assistant Bishop, but never by both at the same time.
Fifteen of their number shall constitute a quorum for the transaction of business; provided each class of trustees--to wit, bishops, clergy and laity--shall be represented. A vote by orders may be demanded, and then the joint consent of the bishops as one order, and of the clerical and lay trustees as another order, shall be necessary for the adoption of any measure proposed. Vacancies occuring in the order of clerical and lay trustees, shall be filled in such manner as shall be provided for by the Conventions of the respective Dioceses.
ARTICLE III.
OF THE POWERS AND DUTIES OF THE BOARD OF TRUSTEES.
The Board of Trustees shall have power from time to time to appoint, and for cause, to remove the Vice-Chancellor, the Professors, Assistant Professors, Lecturers and Fellows, and all officers, agents and servants of the University, and shall have the entire management and surpervision of the affairs, concerns, and property of the University. In all cases unprovided for by the Charter, Constitution or Statutes, it shall be lawful for the Board of Trustees to act in such manner as shall appear best calculated to promote the welfare of the University.
The Board shall have power from time to time to make any statutes and regulations not inconsistent with the Constitution or the laws of the land, or to alter or repeal the same, touching the government of the University, the appointment and removal, number and rank, powers and duties, stipends and emoluments of the several persons employed therein, the terms and conditions upon which students shall be admitted, the course of instruction, the police and government, times of meeting of the Board of Trustees and other Boards which may be hereafter provided for by statute.
The Board may erect all necessary buildings, and in general shall have power touching all other matters whatsoever, regarding