Swain, David L. (David Lowry), 1801-1868
Page [1]
Chapel
Hill
28. Oct 1856
My dear Sir
,
Your kind letter of the 25
th. & 26
th were received yesterday. I wish I had it in my power to comply with
your request to visit
Raleigh. Gov.
Graham
is to
be here tomorrow to confer with Judge
Battle
and myself
in relation to M
r.
Davis's
proposed plans of improvement, and the removal of M
r.
Hedrick
has devolved additional labour on me, to such an extent that
I do not expect to be absent from my post an hour until the end of the session.
With very high respect for your judgement and perfect confidence in your
friendship, you must allow me to intimate that when the facts shall come fully
before you, I do not think you will regard me as having given too much attention
to the proceedings of Mr.
Herrisse
. I have something to say, which
perhaps had not better be written at present.
I have had no altercation and bandied no epithets with him. Since the receipt of
his supplemental memorial, I have neither written nor spoken to or of him,
except in the discharge of official duty.
Page [2]
On the 13 Sep. the Ex. Com. resolved among other things, "that disorderly
conduct among the students was daily increasing for want of due execution of the
ordinances of the University." The Faculty
responded on the 19th. and their answer is on file.
On the 4
th. Oct. the
Committee call for a full copy of the journal or proceedings of the
Faculty in relation to the disorderly conduct of one of the students as set
forth in the accompanying Memorial of Mons.
Herrisse
of the 27 Sep.
What was the object of this call? No power has ever been claimed, much less
expressed by the
Trustees to reissue a decision of the
Faculty with respect to scholarship or morals. It would have been indecent to
suppose, in violation of all judicial analogies that the
Trustees desired to
consider whether a new trial should be directed in a case where the
Defendant had been acquitted. Regarding you on the
other hand, as in the exercise of an undoubted right to determine, at the
instance of Mons.
Herrisse
whether they ought not to be punished, for not punishing
Whitaker
, they felt themselves called upon to comply with your
mandate and submit the best defence in their power. — They have done
no more, and they dared do no less.
On the 29. Sep. M
r.
Herrisse
sent in a supplementary
memorial, with a motto, prefixed extracted from the Resolutions of the
Committee, in these words, "The usefulness of the Institution depends
not so much on the number of students as their exemplary conduct." The
opening charge in
Page [3]
this remarkable paper is that
the discipline of the
University is lax and "impunity an
occurrence of every day life."
To all this the Faculty simply responded on the 15. Oct. by declaring that in
their opinion, the discipline of the
institution, had never since their connection with it been better
maintained than at present, and resolving that if the
Committee should not be satisfied from the evidence before them, that
M
r.
Herrisses
memorials were without a substantial
foundation, that strict and speedy investigation of the facts was due to all
concerned.
If a letter of the allegations in these papers are true, I am altogether unworthy
of my station. I am satisfied that if they are permitted to rest upon the table,
I will not be able to exercise the influence over the Faculty, indispensable to
the successful management of the affairs of the
Institution.
M
r.
Herrisse
has long since announced his intention to
prepare a pamphlet, and indeed has already done so, it is said, upon this
subject. Permit him to remain, or to retire from his place, without an
investigation of charges which profess to rest upon the authority of records,
and witnesses of high character, and it may not be so easy to controvert facts,
which were received by the
Committee without question.
For these and other reasons which need not be stated at present, I think an early
decision of such issues, as you may deem material, is important.
Page [4]
Wednesday morning 29. Oct.
The foregoing was written yesterday and intended to be sent by M
r.
Ashe who left before
I knew it. I will now send this by mail, and the package containing Memorials by
Prof.
Hedrick
with directions to leave it with M
r.
West at the Depot. M
r.
Hedrick
is off for
Ohio,
Indiana
&
Iowa on a trip of
exploration with a view to respound. His grandfather
Sherwood lives in
Iowa.
I am very loathe to give trouble to M
r.
Bryan
M
r.
Moore
and yourself. M
r.
Herrisse
either believes or pretends to believe that the
Ex.
Com. are with him, and although there is but a single professor who will
speak to him, except when compelled by the necessities of his position, I do not
believe he will resign without some action on your part. If the
Committee will simply resolve, that due
subordination in the Faculty is indispensable to the proper maintenance of
discipline among the students, and that the Resolutions of the 15. Aug. meet
with their approval, and recommend that the further consideration of the
Memorial, Supplementary Memorial, Key and P.S. be indefinitely postponed,
nothing more will be required. As it is he boasts a triumph and his adherents
(Prof.
H. & Messrs.
Lucas &
Wetmore
)
suppose he has achieved one. All the Professors addressed a note to Prof.
Hubbard
yesterday requesting to be informed whether he was referred
to as a witness by authority. Unless he disavows the reference, and unrecovered the charges they will cut him to a man. I hope he
will take the proper course and that we will have no further trouble. There is
no one who has so little reason to desire a rigid investigation as he.