Letter from
David L. Swain
to Parent, February 1855 [Containing Rules Concerning the Abuse
of Liquor and Rules to Control Students' Debts]
University of North Carolina (1793-1962). President
Swain, David L. (David Lowry), 1801-1868
Page 1
University of North Carolina,
Chapel Hill,
Feb., 1855.
Dear Sir:—The greatest evil under which this in common
with the leading literary institutions of the country labours, is the
extravagant expenditure occasioned by the unreasonable privilege of contracting
debts, with which students are too frequently indulged by parents and guardians.
The pecuniary is not the only nor the greatest injury which is produced by this
system of dealing. The effect upon the morals and the integrity of all parties
to these contracts is not unfrequently deleterious.
Allow me to direct your attention to the following sections of the Revised
Statute in relation to the University, passed by the General
Assembly now in session, and to entreat that concurrence you will advise me
without delay, whether they meet with your concurrence. In this event, I desire
your authority to state to the students, to the merchants and shop-keepers, and
to all concerned, here and elsewhere, that you will pay no debt that may be
hereafter contracted by your son or ward, without written permission from
yourself or some member of the Faculty.
"Any contract or agreement by any student of the University,
being then a minor, with any shop-keeper, merchant, trader or other person, upon
the sale of any wine, cordial, spiritous or malt liquor, or of any goods, wares
or merchandise, or any article of trade, or with the keeper of any livery
stable, shall be void, unless the same if made at or within two miles of Chapel Hill, be
made under the written permission of the President of the University, or
some member of the Faculty: or if at a greater distance from Chapel Hill, under
the written consent of the person who may have the control and authority over
such student."
"Every contract made with a student of the University,
contrary to the provisions of the preceding section, shall be void, and may be
avoided on account of any of the matters therein contained on the plea of the
general issue: on the trial thereof, if it shall appear that the defendant was
at the time of the alleged contract a student of the University, it
shall be presumed that he was at the making thereof a minor.["]
"Every such contract shall be incapable of being confirmed, and any
promise or obligation given by such student after his arrival at full years,
shall be void."
With the hope and expectation of an early reply, and of your hearty co-operation
with the General Assembly, the Trustees and the Faculty, in the attempt to
suppress this great and growing evil.