<!DOCTYPE TEI.2 SYSTEM "http://docsouth.unc.edu/dtds/teixlite.dtd">
<TEI.2>
    <teiHeader date.created="06-22-2005" id="First_Public_University" type="mss">
        <fileDesc>
            <titleStmt>
                <title>
                    <hi rend="bold"> Letter from David L. Swain to Charles Manly, September 19,
                        1856:</hi> Electronic Edition.</title>
                <author> Swain, David L. (David Lowry), 1801-1868 </author>

                <funder>Funding from the University Library, University of North Carolina at Chapel
                    Hill supported the electronic publication of this title.</funder>
                <respStmt>
                    <resp>Text transcribed by</resp>
                    <name>Bari Helms</name>
                </respStmt>
                <respStmt>
                    <resp>Images scanned by</resp>
                    <name>Caitlin R. Donnelly</name>
                </respStmt>
                <respStmt>
                    <resp>Text encoded by</resp>
                    <name> Caitlin R. Donnelly </name>
                </respStmt>
            </titleStmt>
            <editionStmt>
                <edition>First Edition, <date>2007</date>
                </edition>
            </editionStmt>
            <extent>ca. 12K</extent>
            <publicationStmt>
                <publisher>The University Library, University of North Carolina at Chapel Hill </publisher>
                <pubPlace>Chapel Hill, North Carolina</pubPlace>
                <date>2007</date>
                <availability>
                    <p>© 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</p>
                </availability>
            </publicationStmt>

            <sourceDesc>
                <biblFull>
                    <titleStmt>
                        <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,
                            September 19, 1856&gt; </title>
                        <author>D. L. Swain</author>

                    </titleStmt>
                    <extent> 6 pages, 7 page images</extent>
                    <publicationStmt>
                        <date>1856</date>
                        <authority/>
                    </publicationStmt>
                    <notesStmt>
                        <note type="call number">Call number 40005 (University Archives, University
                            of North Carolina at Chapel Hill)</note>
                    </notesStmt>
                </biblFull>
            </sourceDesc>
        </fileDesc>
        <encodingDesc>
            <projectDesc>
                <p>The electronic edition is a part of the University of North Carolina at Chapel
                    Hill digital library, <hi rend="italics">Documenting the American South</hi>.
                </p>
            </projectDesc>
            <editorialDecl>
                <p>The text has been encoded using the recommendations for Level 5 of the TEI in
                    Libraries Guidelines.</p>
                <p>Originals are in the University Archives, University of North Carolina at Chapel
                    Hill.</p>
                <p>Original grammar, punctuation, and spelling have been preserved.</p>
                <p>Page images can be viewed and compared in parallel with the text.</p>
                <p>Any hyphens occurring in line breaks have been removed, and the trailing part of
                    a word has been joined to the preceding line.</p>
                <p>All quotation marks, em dashes and ampersand have been transcribed as entity
                    references.</p>
                <p>All double right and left quotation marks are encoded as ".</p>
                <p>All single right and left quotation marks are encoded as '.</p>
                <p>All em dashes are encoded as —.</p>
                <p>Indentation in lines has not been preserved.</p>
            </editorialDecl>
            <classDecl>
                <taxonomy id="unc_history">
                    <bibl>
                        <title/>
                    </bibl>
                </taxonomy>
            </classDecl>
        </encodingDesc>
        <profileDesc>
            <langUsage>
                <language id="eng">English</language>
            </langUsage>

            <textClass>
                <keywords scheme="unc_history">
                    <list>
                        <item> Any special keywords assigned for this project </item>
                    </list>
                </keywords>
            </textClass>

        </profileDesc>
        <revisionDesc>

            <change>
                <date>2007-03-01,</date>
                <respStmt>
                    <name>Caitlin R. Donnelly</name>
                    <resp/>
                </respStmt>
                <item>finished TEI/XML encoding.</item>
            </change>
        </revisionDesc>
    </teiHeader>
    <text id="unc06-33">

        <body>
            <div1 type="official letter">
                <pb id="unc06-33-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>, September 19, 1856 </head>
                <opener>
                    <dateline>
                        <name key="name0000165" reg="Chapel Hill, NC" type="place" rend="yes">Chapel
                            Hill</name>
                        <date>19<hi rend="sup">th</hi> Sep 1856.</date>
                    </dateline>
                    <salute>My Dear <name key="pn0001074" reg="Manly, Charles" type="person" rend="yes">Sir</name>,</salute>
                </opener>
                <p>Your note of the 13<hi rend="sup">th</hi> enclosing certain Resolutions, with
                    respect to the alledged failure of the Faculty to comply with the ordinances of
                    the <name key="name0001146" reg="University of North Carolina" type="organization" rend="yes">University</name> in relation to disorderly
                    conduct of students, "on the rail road cars, at circuses, and other
                    places" which disorderly conduct the <name key="name0000352" reg="Executive Committee, Board of Trustees" type="organization" rend="yes">Executive Committee</name> 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 <name key="name0001146" reg="University of North Carolina" type="organization">University</name> in such a manner as shall suppress the evil, was duly
                    received and submitted to the consideration of the Faculty. </p>
                <p>I am instructed to state in reply that while the Faculty entertain and suspicion,
                    that the <name key="name0000352" reg="Executive Committee, Board of Trustees" type="organization">Executive Committee</name>, or any member of it would do
                    them intentional injustice, they owe it to proper<pb id="unc06-33-p02" n="2"/>self respect to intimate the opinion, that the allegations contained in the
                    resolutions are founded in misconception.</p>
                <p>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 <name key="name0001146" reg="University of North Carolina" type="organization" rend="yes">Institution</name>.</p>
                <p>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.</p>
                <p>"No student shall absent himself from the <name key="name0001146" reg="University of North Carolina" type="organization">University</name>
                    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.</p>
                <pb id="unc06-33-p03" n="3"/>
                <p>"No student shall absent himself from the <name key="name0001146" reg="University of North Carolina" type="organization">University</name> nor
                    shall he attend any election without leave, unless it be to exercise the right
                    of suffrage." Chap VI. Sec. 11. p. 17.</p>
                <p>"A student who shall reside within two miles of the <name key="name0001146" reg="University of North Carolina" type="organization">University</name> in the vacation, shall be subject to the laws of the
                        <name key="name0001146" reg="University of North Carolina" type="organization">Institution</name>, 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.</p>
                <p>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.</p>
                <p>There was a circus at <name key="name0000484" reg="Hillsborough, NC" type="place" rend="yes">Hillsboro</name> and <name key="name0000934" reg="Raleigh, NC" type="place" rend="yes">Raleigh</name> last week and about the same time<pb id="unc06-33-p04" n="4"/>last year. No student attended either by the
                    permission of the Faculty. There were probably a few persons at <name key="name0000484" reg="Hillsborough, NC" type="place">Hillsborough</name>
                    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.</p>
                <p>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 <name key="name0000352" reg="Executive Committee, Board of Trustees" type="organization">Executive
                        Committee</name>, 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.</p>
                <p>The disorders of which the most numerous complaints have reached us occured at
                        <name key="name0000934" reg="Raleigh, NC" type="place">Raleigh</name> during
                    the two last winter vacations.</p>
                <pb id="unc06-33-p05" n="5"/>
                <p>The ordinances not only, do not give the Faculty any power over such cases, but
                    when Dr <name key="x" reg="x" type="person" rend="">Hill</name> in consequence
                    of the misconduct of some young men at <name key="name0000484" reg="Hillsborough, NC" type="place">Hillsborough</name>, nearly 20 years
                    ago, proposed to do so, the resolution was opposed by the late Judge <name key="pn0000574" reg="Gaston, William Joseph" type="person" rend="yes">Gaston</name>, 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.</p>
                <p>I confess I have been surprized and have so intimated to several citizens of
                        <name key="name0000934" reg="Raleigh, NC" type="place">Raleigh</name> that
                    the gross misconduct of which they complained should have been permitted to
                    escape animadversion and punishment at the seat of government.</p>
                <p>Such things are not attempted here, and if they were, the police would suppress
                    them very promptly.</p>
                <pb id="unc06-33-p06" n="6"/>
                <p>The Faculty can but regret moreover that information communicated with respect to
                    these disturbances at <name key="name0000934" reg="Raleigh, NC" type="place">Raleigh</name>, has in no instance been accompanied by the names of the
                    offenders and that repeated inquiries have been made in vain.</p>
                <p>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.</p>
                <closer>
                    <salute rend="center">Yours very sincerely,</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>
                <pb id="unc06-33-cv" n="Cover"/>
            </div1>
        </body>

    </text>
</TEI.2>