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                    <hi rend="bold"> Letter from David L. Swain to Charles Manly, October 28-29,
                        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>
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                <publisher>The University Library, University of North Carolina at Chapel Hill </publisher>
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                <date>2007</date>
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                        <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, October
                            28-29, 1856 </title>
                        <author>D. L. Swain</author>

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                        <date>1856</date>
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            <div1 type="official letter">

                <pb id="unc06-44-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>, October 28-29, 1856 </head>
                <opener>
                    <dateline>
                        <name key="name0000165" reg="Chapel Hill, NC" type="place" rend="yes">Chapel
                            Hill</name>
                        <date>28. Oct 1856</date>
                    </dateline>
                    <salute>My dear <name key="pn0001074" reg="Manly, Charles" type="person">Sir</name>,</salute>
                </opener>
                <p>Your kind letter of the 25<hi rend="sup">th</hi>. &amp; 26<hi rend="sup">th</hi> were received yesterday. I wish I had it in my power to comply with
                    your request to visit <name key="name0000934" reg="Raleigh, NC" type="place" rend="yes">Raleigh</name>. Gov. <name key="pn0000604" reg="Graham, William Alexander" type="person" rend="yes">Graham</name> is to
                    be here tomorrow to confer with Judge <name key="pn0000119" reg="Battle, William H." type="person" rend="yes">Battle</name> and myself
                    in relation to M<hi rend="sup">r</hi>. <name key="pn0003045" reg="Davis, Alexander Jackson" type="person" rend="yes">Davis's</name>
                    proposed plans of improvement, and the removal of M<hi rend="sup">r</hi>. <name key="pn0000708" reg="Hedrick, Benjamin Sherwood" type="person" rend="yes">Hedrick</name> 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.</p>
                <p>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. <name key="pn0000733" reg="Harrisse, Henry" type="person" rend="yes">Herrisse</name>. I have something to say, which
                    perhaps had not better be written at present. </p>
                <p>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. </p>
                <pb id="unc06-44-p02" n="[2]"/>
                <p>On the 13 Sep. the <name key="name0000352" reg="Executive Committee, Board of Trustees" type="organization" rend="yes">Ex. Com.</name> resolved among other things, "that disorderly
                    conduct among the students was daily increasing for want of due execution of the
                    ordinances of the <name key="name0001146" reg="University of North Carolina" type="organization" rend="yes">University</name>." The Faculty
                    responded on the 19<hi rend="sup">th</hi>. and their answer is on file.</p>
                <p>On the 4<hi rend="sup">th</hi>. Oct. the <name key="name0000352" reg="Executive Committee, Board of Trustees" type="organization" rend="yes">Committee</name> 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. <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> of the 27 Sep.</p>
                <p>What was the object of this call? No power has ever been claimed, much less
                    expressed by the <name key="name0000107" reg="Board of Trustees" type="organization" rend="yes">Trustees</name> 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 <name key="name0000107" reg="Board of Trustees" type="organization">Trustees</name> desired to
                    consider whether a new trial should be directed in a case where the <hi rend="underscore">Defendant had been acquitted</hi>. Regarding you on the
                    other hand, as in the exercise of an undoubted right to determine, at the
                    instance of Mons. <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> whether they ought not to be punished, for not punishing
                        <name key="pn0003244" reg="Whitaker, William H." type="person" rend="yes">Whitaker</name>, 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. </p>
                <p>On the 29. Sep. M<hi rend="sup">r</hi>. <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> 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<pb id="unc06-44-p03" n="[3]"/>this remarkable paper is that
                    the discipline of the <name key="name0001146" reg="University of North Carolina" type="organization">University</name> is lax and "impunity an
                    occurrence of every day life."</p>
                <p>To all this the Faculty simply responded on the 15. Oct. by declaring that in
                    their opinion, the discipline of the <name key="name0001146" reg="University of North Carolina" type="organization" rend="yes">institution</name>, had never since their connection with it been better
                    maintained than at present, and resolving that if the <name key="name0000352" reg="Executive Committee, Board of Trustees" type="organization">Committee</name> should not be satisfied from the evidence before them, that
                        M<hi rend="sup">r</hi>. <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisses</name> memorials were without a substantial
                    foundation, that strict and speedy investigation of the facts was due to all
                    concerned.</p>
                <p>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 <name key="name0001146" reg="University of North Carolina" type="organization">Institution</name>.
                        M<hi rend="sup">r</hi>. <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name> 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 <name key="name0000352" reg="Executive Committee, Board of Trustees" type="organization">Committee</name> without question.</p>
                <p>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. </p>
                <closer>
                    <salute rend="right">Yours very sincerely</salute>
                    <signed>
                        <name key="pn0001638" reg="Swain, David Lowry" type="person" rend="">D. L.
                            Swain.</name>
                    </signed>
                </closer>
            </div1>
            <div1 type="postscript">
                <pb id="unc06-44-p04" n="[4]"/>
                <opener>
                    <dateline>
                        <date>Wednesday morning 29. Oct.</date>
                    </dateline>
                </opener>
                <p>The foregoing was written yesterday and intended to be sent by M<hi rend="sup">r</hi>. <name key="x" reg="x" type="person" rend="">Ashe</name> who left before
                    I knew it. I will now send this by mail, and the package containing Memorials by
                    Prof. <name key="pn0000708" reg="Hedrick, Benjamin Sherwood" type="person">Hedrick</name> with directions to leave it with M<hi rend="sup">r</hi>.
                        <name key="x" reg="x" type="person" rend="">West</name> at the Depot. M<hi rend="sup">r</hi>. <name key="pn0000708" reg="Hedrick, Benjamin Sherwood" type="person">Hedrick</name> is off for <name key="name0000795" reg="Ohio" type="place">Ohio</name>, <name key="x" reg="x" type="place">Indiana</name>
                    &amp; <name key="x" reg="x" type="place">Iowa</name> on a trip of
                    exploration with a view to respound. His grandfather <name key="x" reg="x" type="person" rend="">Sherwood</name> lives in <name key="x" reg="x" type="place">Iowa</name>.</p>
                <p>I am very loathe to give trouble to M<hi rend="sup">r</hi>. <name key="pn0000218" reg="Bryan, John Herritage" type="person" rend="yes">Bryan</name> M<hi rend="sup">r</hi>. <name key="pn0001213" reg="Moore, Bartholomew F." type="person" rend="yes">Moore</name> and yourself. M<hi rend="sup">r</hi>.
                        <name key="pn0000733" reg="Harrisse, Henry" type="person">Herrisse</name>
                    either believes or pretends to believe that the <name key="name0000352" reg="Executive Committee, Board of Trustees" type="organization">Ex.
                    Com.</name> 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 <name key="name0000352" reg="Executive Committee, Board of Trustees" type="organization">Committee</name> 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. <name key="x" reg="x" type="person" rend="">H</name>. &amp; Messrs.
                        <name key="pn0003263" reg="Lucas, Joseph Blount" type="person" rend="yes">Lucas</name> &amp; <name key="pn0003240" reg="Wetmore, William Robards" type="person" rend="yes">Wetmore</name>)
                    suppose he has achieved one. All the Professors addressed a note to Prof. <name key="pn0000795" reg="Hubbard, Fordyce Mitchell" type="person" rend="yes">Hubbard</name> yesterday requesting to be informed whether he was referred
                    to as a witness by authority. Unless he disavows the reference, and <gap reason="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.</p>
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