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PUBLISHED BY OBDER OF THE BOABO OF GOVERNOBS. ■■* , -"^ . HALIFAX, N. S. PRINTED «Y JAMES JiOWES k SONS, BEDFORD ROW. CAN LE3.E .K5I .K5I 1«72. ,\ 1Dull|ou&te CollejK ilibviiro JOHN JAMES STEWART COLLECTION INVESTIGATION OF THE RECENT CHARGES BROUGHT BY PROF. SUMICHRAST A0AIN8T KING'S COLLEGE, WINDSOR, With Letters, Reports, and Evidence. PUBUSHED BT OBDEB OF THE BOABD OF OOTBBNOBS. HALIFAX, N. S. PRINTED BY JAMES BOWES & SONS, BEDFORD ROW. 1872. CoS<^J-~ /^ '*/''■' At the adjourned meeting of the Governors of King's College, on 24th May, it was oHered that all the proceedings and documents connected with the investigation lately held by the Visitor and his Assessors, at King's College, from the first letter of Professor Sumichrast, containing his charges against the Governors, Officers, and Students, to the present time, including the evidence taken down by the Reporter at the Court of Enquiry, be forthwith pub- lished in a pamphlet form for general information. I College, ocuments r and his i*rofes8or Officers, Lce taken /^ith pub- LETTER OF PROFESSOR SUMICHRAST, CONTAININO HIS CHA£OES AGAINST KINO'S COLLEOB. Kino's Collegb, Windsok, N. S., 24th February, 1872. To the President and Members of the Board of Governors of King's College, Windsor; My Lord and Gentlemen, — I have the honor to acknowledge receipt of a letter from the Secretary of your Board, intimating that my communication addressed to you "was laid before the Board to-day (12th February) and received due consi- deration." I am therefore compelled to suppose that the Board declined to take any immediate action upon the state- ments contained in my letter referring to certain violations of Rules, statements made by me as a member of the Committee on the Constitution and Calendar, and as a Professor in the College. As there were present at the meeting of the Board two Governors, also members of the Committee, one of them for sometime Chairman of it, and throughout active in furthering the framing of the rules of the violation of which I complained, and the other the President of the College, by his office bound to see that these Rule^' were observed, I can put but one interpretation upon the silence of the Board in this matter, viz : first — That the charge of violation of the Rules was admitted to be true and considered to require no proof, and secondly, that the position of those who have permitted the violation and their relation to the other members of the Board have made the Board resolve not to enquire further into the matter lest decisive and just action should become necessary. Now it is clear to me, acquainted as I am with the condition coUege not f\ii- and working of the College, that it is not fulfilling its objectfect?*^ "' °^ A/ -V ^ at present, and that it cannot fulfil it if enquiry is stifled and disorder and misrule arc protected and encouraged. Neither is this the first time that the attention of the Board has been authoritatively called to the disgraceful neglect of Rules within the College, nor the first time that serious charges have been preferred against the authorities ; yet no steps have been taken to conscien- tiously carry out the necessary steps to restore the College and to regain public confidence. The revela- tions made at the Visitation of last year and those which followed the appointment of the Committee on the Constitution and Calendar proved beyond a shadow of a doubt that the great public responsibility which rested, and still rests, whatever attempt may be made to ignore it, on the Visitor, on the Board of Governors, and on the President and OflScers of the College and University, has been, and I repeat, is still, contemned and evaded, and not only in regard to the Institution have false statements been put forward officially, but also in regard to the engagement of Professors abroad. I mean to prove each of those propositions, and as I am the complainant in this case, and the history of the College since my arrival here will abundantly prove the first, and as the consideration of it flows from the proof of the second, I will begin with that. FaUe infoma- I State that the terms on which I was engaged and to*profe8iori*'*the information given to me by the Board's Agent in abroad, London, wcrc erroneous, and that the information did not give a true account of the situation I was to fill, of the state of the College, and of the locality. On the 27th September, 1870, being then in London, I read in the columns of the " Athenseum" an adver- tisement requiring applications for the Professorship of French and German *' in one of the oldest Universities in British North America." I wrote to the address given and received the following reply : " 17, Jamis Street, Buckinqham Gate, ) " September 27th, 1870. > " Mr. Antonio Gallcnga presents his compliments to Mr. uttir!** ' *'**Roussy-Sumichra8t, and begs to inform him that he will be very happy to give all further particulars about the Professor- ship advertised in the ' Athenaeum,' if Mr. Roussy-Sumichrast will be kind enough to call on Mr. Gallenga, at this house on Friddy next at 10 am. The 18 Stifled )iiraged. 1 of the igraceful iret time linst the onscien- tore the revela- se which on the liiclow of 1 rested, ;o ignore and on iversity, evaded, ive false n regard and as I y of the )rove the ;he proof }gcd and ^gent in Ation did > fill, of London, n adver- arship of iversities address ATB, ) ts to Mr. le will be 'rofessor- imichrast tiis house I? *' The salary given is £150 (sterling), but by fees and private tuition it may easily be made to rise to £800 ' (sterling)." The •• further particulars" promised were given me on my calling, and were to this effect : — The University was King's College, Windsor, Nova Scotia ; the salary £150 sterling, '♦ not a penny of which need be spent" by the Professor, as he would have the Academy or Collegiate School which paid very good fees, and a large amount of private tuition ; the town of Windsor was 30 miles from Halifax, where the Professor could reside, not having to give more than six hours a week to the College and Collegiate School tor/ether. In Halifax he would be enabled to make a very large income, not only by teaching modern languages, but by delivering Public Lectures ; living in Halifax would, however, entail the expense of board and lodging, while by staying at Windsor and living in the College, as desired by the College authorities, the Professor would be relieved of every expense and thus leave his salary untouched ; Windsor was dull and rather devoid of amusements, so much 80 that the Professor would be at a loss how to spend any portion of his salary ; the place would be very ill-suited to an oldish man with a family, but was of all others the one to be chosen by such a man as myself. It was impossible to verify these statements even had the slightest doubt entered my mind. I took it for granted that the greatest accuracy would characterize all information coming from a University and College of which I was told the Bishop of Nova Scotia was Visitor, and his Archdeacon President. Accordingly, after mature consideration, I became axo^me of mr candidate, and on the 17th November, 1870, wa8«°&»eement. informed of my appointment to the chair. I came out to Nova Scotia therefore on the distinct understanding that I was to receive £120 sterling as Professor in the College, and £30 sterling as master in the Collegiate School, that I was not to be required to give more than three hours twice a week to the College and Collegiate School toff ether, and that my income, as augmented '♦ by fees and private tuition," was to '* easily rise" to £300 sterling. I was to be one of the staff of a ond let tier. a seo flourishing University, to have energetic colleagues, and every opportunity of distinguishing myself both as a teacher and as a ** litterateur." This is what I had been promised. This is what I found : — The £30 sterling from the academy was by no means a certainty ; events proved that the receipt thereof depended on my being ab^o to make arrange- ments with the head master to take the classes, while it had been stated to me as a certainty. The head master and I, when one term had passed, found \/e could not agree and parted. The six hours a week to the College and Collegiate School together turned to twelve and a half hours a week to the College alone, and four, eventually six, hours a week to the Collegiate School. The fees had no existence, as, by the system of nomina- tions in force in the College, no fees could be charged. The private tuition was equally imaginary ; the residence in Halifax impossible, and the chance of making an income there taken away. The " leaving the salary untouched" was as fallacious as most of the information ; for the expense — no light one— of living in College and furnishing rooms, and heating and lighting them, had all to come out of this £120 sterling. The place was perhaps suited to an oldish man with a family, but all things considered, certainly not for a man such as myself, for, as I shall presently show, it was burying one's self alive. The surprise I naturally felt led me to write to Mr. Gallenga, in order to know how he had come to misrepresent the state of matters. In reply he said : " Athen^shm Club, London, April 6, 1871. " Dear Sir, — The particulars I gave you about the jplaoe you were to occupy at King's College, were partly official, extracted from Dr. McCawley's letter, and partly unofficial, grounded on my recoUection of experience made 27 years ayo.^* The italics are my own. Comment on this passage is needless. Mr. Gallenga adds : " From your description 1 perceive that things are changed for the better with respect to the College, though for what con- cerns yourself, you have more work and less pay than I thought you had bargained for. ^* The italics are my own. I italicize also the succeed- ^es, and loth 08 a is what I as by no J receipt arrange- while it n 1 /thought I succeed- ing passage: ** Wif.h such a heavy task upon your time and labor your salary is decidedly insufficient." These extracts speak for themselves. I add nothing* As for a flourishing University, the energy of my colleagues, and the opportunity for distinguishing myself — the value of these let the sequel show. I accepted the position ; to use a vulgar expression, *' made no bones of it," and saw that if I wanted to distinguish myself as a teacher I must resolutely set to work to become acquainted with my duties. I may here observe that I was greatly surprised andpreiident wz somewhat hurt when I found that I had no declaration D2JiJ2t"2"on of any kind to make before entering on the duties of my *'"'•■« ®*"' office. I subsequently found in an ignored pamphlet, entitled •' Statutes, Rules, and Ordinances of the University of King's College, Windsor, Nova Scotia," that I was boimd to sign a declaration, but those matters were not more attended to then than they are now, for to my knowledge one Professor in this College has not yet signed any declaration whatever, that he will faithfully perform his duties, and consequently he cannot be held responsible for any irregularities. ^,nt of dit- I found that the neglected and semi-ruinous appear- ^•Pj'|^^^''' ^^^ ance of the College buildings was but the type of the confusion existing in the College itself. There was no such thing as discipline — the officers in charge of it, namely, the President, Vice-President and Proctor, didgt^jg^g^j^gj, not fulfil their duty; the former I do not know why,|?^j*°<*^out^of the two latter because they were not appointed. The they please, students could then, and still can, go out at any hour of the day or night without let or hindrance. There is, it violation of is true, a statute forbidding students to be out of College after 10 p.m., without the permission of the President, and in the Cal. for 1871-72 a Rule, drafted by the Vice-President and sanctioned by your Board, that no student is to be out of College after 7.30 p.m., without permission from the Vice-President. This rule is not observed. I found the Curriculum not adapted to the wants ofj^^^ curricn- the age, and the rapid progress of education. I elabor-ium. ated a scheme which was concurred in by colleagues, and approved by your Board, who adopted the new Curriculum proposed. This was done in the teeth of ap^^5ent. ^^ 8 state of University de--„^_i, Bcrlbed in pro- wOFK. Ii j strong and open opposition on the part of the President. The preamble to the memorial presented along with this new scheme, stated, among other points, •♦ that there is thooot sufficient inducement held out to the students to Further, that the future of the College is at amble of new present vcry doubtful, while under the new scheme, if carefully carried out, and tcith a strict observance of the Statutes, there is no doubt that the University would rise once more to the rank of the highest and best educational centre in the Province. That the Professors, . . who arc at present completely prevented from making a name and a future for themselves, would have the , opportunity of distinguishing themselves in the educa- tional und literary worlds, instead of being wholly severed from and forgotten by them ; that the new scheme would awaken new life in the University, and would nccessit'^te efforts on the part of all the Professors, as well as on that of the students, to sustain and raise the standard proposed ; that many donations of money, books, &c., at present withheld, on account of the torpid state of the University, would constantly be made." Not a word of objection was raised against that preamble, strong as are the statements and expressions contained in it. It was tacitly acknowledged to be per- fectly true and incontrovertible. Charge of vio- Reference was made in it, and pointedly made, to the tea oi^ciaiiyfact that the Statutes of the University and College were oovernor8.*"^*'*not observed. This chai'ge of violation of the Statutes was officially made while the new scheme was under the consideration of your Board. Three of yom* body forwarded a requisition to your Lordship, as Visitor of the College, stating that they were prepared to prove the violation of the Statutes in ten material points, and demanding therefore that your Lordship should hold a Court of Inquiry. The Visitation took place ; in con- junction with the President and the other Professors, I was summoned before your Lordship. Not one of the charges implicated me in the slightest degree, but on the other hand it was fully established that the President, the Vice-President, the Bursar, the Librarian, the last three offices being held by one person, had manifestly neglected their duty. Your Lordship will remember that not one woixl of defence was spoken by the officers, who were thus proved to have violated the Statutes, and Visitation. President. with thie lat there is tudcnts to lege is at cheme, if rvance of eity would and best Vofessors, making a have the he educa- f wholly the new 'sity, and 'rofessors, and raise if money, the torpid ade." linst that q>res8ion8 to be per- ie, to the lege were ! Statutes as under )ur body ''isitor of to prove ints, and [1 hold a in con- sesors, I of the ut on the lesident, the last auifestly member officers, tes, and allowed the discipline of the College to be of no effect, the Library and Museum in danger of being completely ruined, and the most important documents neglected altogether. The state of matters within the College, as revealed by thirf inquiry, was enough to make men of ordinaiy 'Sense of honor blush to think it should have been so long tolerated, and although there could be no doubt that the greatest portion of the blame rested with the President, yet all must have felt that the duties of the Visitor had not been fulfilled either, or so many impor- tant statutes could not have been violated for so long, offenders con It is very true also that the offenders were not visited 5'°!*'* in their •^ 111 I posts and not witli any [junishment or rebuke, but on tlie contraiy even rebuked, confirmed in tlieir important posts and enabled to resume the practices which had called forth tiie Kcquisition. This is proved by the fact of my having complained of the violation of new Rules. All that was done was to relieve the Vice-President of one of his offices, which he had clearly shown himself imfit for — the office of Libra- rian. I have a right to recall to your Lordship and Proofs in the your Board the state of things in the Library at that ^^^J|. °^ ^^^ time, and this I cannot do better than by quoting from official documents. Nor can your Board forget that irrefragable proijfs of all I have stated exist in the paj)ers in the liands of your Secretary and stand on record in the minutes of the proceedings of your Board. The Library building was grievously damaged, internally and externally. Several windows were broken, a large hole existed at the end of the south- eastern gable, whereby rain, snov*" and wind found easy access to the interior; the shelves, floor and books were covered with broken plaster, mortar, bricks, bits of glass, slates and other rubbish. The books were in a state of utter disorder, uncared for, never looked after, exposed to mildew and other pernicious influences, many of them rotting ; t>thers thrown higgledy-piggledy in a barrel, others again lying in a heap of broken panes of glass and slates ; in a word so neglected as to disgust any intending benefactor. The catalogue of the Library was lost ; the Librarian state of the could give no better account of it than that it had been '"""'y- stolen ; as I had complained of the loss, he charged me to a third party of having made away with it ; the 10 catalogue, however, turned up several months lafer, the Librarian having lent it to an intending benefactor, and forgotten all about it. Large numbers of volumes were missing ; numberless irregularities existed, and the registering of books was almost ignored, as the following tables will show. Let figures and facts speak for themselves. The following table shows the number of books lent out from the Library from 1855 to 1871, as far as can be ascertained from a careful analysis of the Librarian's books and register : , Year. No. of vols. 1855 35 1856 177 1857 293 1858 250 1859 297 1860 425 1861 226 1862 457 1863 360 1864 234 1865 198 1866 128 1867 93 1868 31 1869 44 1870 19 1871 (from Jan'y to end of March) 133 Forty-seven volumes are entered as lent out to the President, Professor How, and Rev. G. W. Hodgson, without any dates of taking out or returning. But I shall have to refer again to this. There are other irregularities, but some were i''?8;?i»'i"e» explained away. One fact, however, was not satis- cieB In Lib-factorily accounted for, viz. : the discrepancy between "'''■ the official return of the number of books in the Library, made to the Government, and the number counted within the Library on the 15th of April, ten days before your Lordship's Visitation. The numbers were : Counted Register Estimat Total m Official \ Iniii Librari all boo facts p The Pi volume subscqi down notice Other been ei umes. taking in a 1< Beside momei still n formei In to mj over t two o been ; In to tali but, 1 chaos epecii gpecii years beyoi in dt 11 nths lafer, the ? voi». mefactor, and . Counted within the Library on 16th April, including ' pamphlets 5640 of books Registered as lent out and not returned 1 show. Let Total. 56 5696 of books lent as far as can le Librarian's No. of vols. . 35 177 293 ... 250 ....297 ....425 ....226 ...457 ....360 ....234 ....198 ...128 93 .... 31 .... 44 .... 19 ....133 nt out to the V. Hodgson, ling. But I some were 8 not satis- Qcy between the Library, iber counted I days before I Estimated number of pamphlets 196 Total number of bound volumes. 5500 Official return made to Government (bound vols.) 6180 Discrepancy (bound vols.) 686 Immediately after the Visitation I was appointed My appoint- Librarian, and among my first acts was the calling in of "In.* *" ™ all books belonging to the Library. Some noteworthy facts produced themselves on this step being taken. The President of the College returned into my hand 60 volumes, none of them entered on the Register. He subsequently, while I was out of the Library, brought down and replaced on the shelves, without giving me notice of any kind, three or four times that number. Other gentlemen likewise returned books that had never been entered, and altogether I recovered over 300 vol- umes. This was done in great part after I had finished taking stock of the Library, and was referred to by nie^®^°^®^^^gj^ in a letter I addressed on the 3rd June, 1871, to thevoiumes Resident Governors in charge of the Library. At this moment there are 34 volumes entered in the catalogue still missing without any clue being aflTorded by the former Librarian's Register to their whereabouts. In the Cabinet of Coins, which was also transferred coinu missing. to my charge by the ex-Librarian, I found, on going over the coins with him, on the 13th May, that 9 coins, two of them gold, were missing. These have never yet been recovered. In the Museum, of which I was likewise instructed The MMenm to take stock, I found not only evidences of negligence, chaos.'* but, to use the words of the Curator himself, ' ' a perfect chaos." From one collection alone I found that 31 specimens were wanting. Boxes containing College specimens had remained unopened for seven and nine years. The Entomological collections I found ruined beyond recall ; the collections of Plants partly dispersed in dusty cupboards, the Conchological collections lying 12 . la on floors and shelves of open cupboards, the Natural History specimens, with the exception of two stuffed birds and three or four human skulls, ruined like the insects. I found the Mineralogical and Geological specimens covered with dust and dirt, in complete dis- order, and thrown in heaps or scattered upon shelves, and in drawers, evidently never looked at, never used, never cleaned, never augmented, while in striking contrast to the shameful treatment of those public collec- pi^uc *con'ec*-^ion8 thus disregarded and left to ruin, stood out the w?th "tue **!'«- ^^™^^'''^''^^*^ ^^^ superb private collection of the Professor fcssor's private in charu'c of this department : a collection surprising the collection. • 1 C5 visitor by its completeness, its beauty, its order, and the attention bestowed upon it. And let it be noted that this collection was and is still displayed in the College Lecture Room taking up College space, instead of being- located in the Professor's house. In connection witli this, I subjoin an extract from a letter received by me while engaged in drawing up a list of the benefactors of the Museum. For the present I suppress the name of the sender, reserving it, as well as other letters, for a future necessity, should such arise : Donations never placed in < College colleo- tiona. Dr. have to state that at various times I have sent to — — , for the College Museum, specimens of different minerals from the — — - of the , and I have instructed my workmen to preserve any fine samples of crystals for the same purpose." No such specimens were found by me in the College collections, and the name of their donor was nowhere recorded, any more than the donations themselves. The Philosophical arid Astronomical a[)paratu8 belonging to the College had, I found, shared the neglect which had fallen on every other collection. Most of the instruments are so damaged as to be useless, while others could only be repaired in England at very great expense. Now, My Lord and Gentlemen, what, I ask, can be thought of the authorities of a College and University in False state- which 8uch things are tolerated, not for a short time only ed*'foVyeur8*b '^^* ^^^ ^ scrics of years? Especially when these the Board of authorities, with full knowledge of these facts, print, publish and assert to the world that " the revolving u prayer that it may ci to geu' (( the Natural two stuffed ned like the Geological omplcte dis- 3 on shelves, never used, in striking ublic collec- )od out the le Professor rprising the order, and s noted that he College ad of beinff act from a ig up a list present I ing it, as lould such ave seat to of different and I have samples of be College 3 nowhere Ives. apparatus hared the 3ollcction. •e useless, d at very k, can be Iversity in time only en these ts, print, revolving 13 building erected to answer the purpose of nn Observa- tory is found very serviceable, being well ndnptcil f«)r the instruments in use;" that '* the Mechanical Apparatus is sufficient for exhibiting the principal laws of Statics and Dynamics," &c. ; that " the two instruments have been in constant use by the Professor," when all this is not true? When the instruments arc nearly all broken and useless? When the Obsei-vatory is nevvr used? What can be thought of the character of tlxosc authorities when year after year they publish the stereotyped repeti- tion of these statements? When, with the knowledge that drunkenness, gambling, rioting, insuboixlination and disoider prevail among the students, they dare to say, " Within the walls of the College, too, ' prayer is(cai. iww-ro) made without ceasing,' twice each day, to JJim^ ♦ ^p/^^.continuouBiy out 2vhom 7ioth{ng is strong^ nothing is lioh/^^ that his blessing muy descend upon the teachers and the taught, and upon all entrusted with the governnient of the Institution. ' Hitherto,' for eightv-two veiu's, ' the Lord hath helped us.' Let all outside friends unite in prayer to the same Divine Fountain of all saving wisdom, that it may be so to the end, and that King's College may continue to be a praise in our land from generation to generation?" My Lord and Gentlemen, I aui neither profanity a Bishop, nor an Archdeacon, nor a Keverend, but 'iven|]'^^,^,^j,^^' though this is the language sanctioned and \iswl by the dignitaries of our Church in reference to a College where the solemnity of Good Friday and the holiness of Easter Sunday were profaned by tlie undergraduates ; even though this is the language they use of a Theolo- gical Seminary, the students in which have boon seen in broad day reeling and cursing in tlieir drimkeiuiess through the streets of Windsor, I should foju" to use it as it seems to me little, if at all, short of profanity. Not the various collections alone have been jillowcdThe coiiegp to go to ruin, but the building itself has been sliamefully " °*^*' neglected. In laying a careful report on the state of the building, prepared by me on the 1st IN Fay, 1871, at the request of the Resident Governors, before tlicm, I said : " I must add that on my arrival here last January, I was both surprised and shocked at the appearance of the SayJ'is??.^ *'' building, and the careful examination I made to-day coo- firmed and strengthened the feeling of dissatisfactiou." in OoUege 14 \ In the body of the Report I said : " The shingling has given way in one or two places ; Tjonsequently there is great leakage, which penetrates as far as the rooms on the first floor of the building. The open drain at the back is a serious nuisance, being a depot for refuse matter and dirt. The stench arising from the mass of foul matter heaped within and beside it, at the foot of the College wall, is often unbearable. From a sanitary point of view it must be considered as hurtful to the health of all persons residing in the building. The walls are covered with scribbled names, remarks and occasionally blasphemous expressions. In short, the state of these portions of the building is shameful." And this, be it remembered, in a College where the Governors ' ' do all that in them lies to secure attention to the most excellent of all knowledge, from those under their care." — (Cal. 1866.) Blasphemous expressions remaining for years on the walls of a College where *' the daily course of studies is begun, continued, and ended with prayer to the Father of Light, accompanied Blasphemous "^^ ^^^ reading of that Word, which maketh wise unto exprcBsioiiB on salvation." — (Cal. 1866.) Scurrilous remarks in the passage of a College where exist — I cannot say, which is governed by — " wholesome statutes to ensure * tem- perance, soberness, and chastity' in all." — (Cal. 1866.) The end of the passage I quote is, in its way, so full of bitter irony, so fearfully cutting, that I transcribe it not with the hope of shaming those who give the lie to their own words, but to exhibit in connection with what I have already said, how much of truth there was in the promise of a " flourishing university and energetic col- leagues." The passage may be found at page 10 of the Calendar for 1866, and ends thus : " The Faculty, whose duty it is to watch over the moral and religious, as well as secular training of the youth, are solemnly Hypocri^y^^^inc/iOf^yjrec? to enforce these regulations. So that evei'y " precaution is taken, by the governing Board, for the welfare, ^)re«ew< and eternal, of the inmates of the institution. Moreover, the Governors, in their own monthly meetings, never proceed to business without first imploring the Divine assistance and blessing. Hoping for the continuance of that blessing in the future as in the past, they commend the institution to the prayers and support of all who desire to see sound the walls College Calendar. educat Sound But, portioi here ! in spi conuui subject Board see tru nation the Exami howev matter Oi a com the mi Recto: of the of the of the sugge was a 16 or two places ; enetrates as far J. The open ing a depot for ora the mass of the foot of the mitary point of le health of all s are covered ly blasphemous )ortion3 of the -ge where the cure attention n those under 18 expressions JoWcge where )ntinued, and accompanied !th wise unto narks in the 3t say, which ensure * tem- (Cal. 1866.) way, so full transcribe it ive the lie to on with what •e was in the inergetic col- ige 10 of the 'he Faculty, nd religious, ire solemnly/ 3 that evei'v ard, for the mtes of the I their own less without d blessing, n the future Hon to the see sound education and true religion flourish in our land.'* Sound education ! true religion, alas I But, my Lord and Gentlemen, this is still but a small portion of the evil. How much more might I relate here ! How nmch more fully detail numy acts which, in spite of the position and influence of those who committed them, I must stigmatize as dishonest ! Two subjects I might propose for enquiry to those of your Board who desire, as surely one or two must desire, 10,,,^^^,^.^^,^ see truth and not falsehood triumphant ; one, the exam-"««p> of nit nation of the minute-book of the Board of Discipline, the other the Williams Modern Languages IVizc Examination papers of 1870. I reserve these points, JJ,}}i*Xu "i however, with many more ; I have to touch on otherP*'" ^^ *^'^- matters more immediately claiming attention. On the 8th of May of last year, your Board appointed p^^,,,,,,,.^ „„ a committee consisting of two of the reuuisitionists (in»i>»' ^'i*"?'"" the matter of the Visitation) viz : the Kev. 1. jiaynard, Jar. Rector of Windsor, and Professor Hind, the IVosidont of the College, the other Professors, with the exception of the then Professor of jMathcmatics, and the President of the Alumni. This committee was to in([uiro into and suggest reforms in the Constitution of the College, and was also to prepare for publication the new Calendar for 1871-72. This committee held thirteen meetings and workeil laboriously to effect the end for which it had been appointed. Having to suggest means to raise funds for the College it had to acquaint itself with the particulars of every source of income, and this necessity led to myoauso of the incurring still more than before the enmity of the Presi-,\uty'*''tow«H» dent of the College, who had already honored me with""'" it when I, convinced that I was right, proposed a new curriculum. The course I had all along adopted of abiding by the Statutes, my firm determination not to follow in the steps of my negligent colleagues, had increased and strengthened this enmity. Circumstancos connected with a College Trust fund which your Com- mittee had to investigate gained me the confirmation of this unworthy feeling. The trust fund in question was that called *'The McCawley Hebrew Prize Trust Fund." The prize had^jj^, MeCawiey not been awarded for many years, and tlie natural'^"** *'"'»''• 11 16 inference was that there must be a large accumulation of monies in the hands of the S. P. G. Inquiries elicited the fact that all the accumulated Trust Funds [over $700] had been drawn by the President of the College, and by him expended. The Visitor of the College was communicated with, and the following was his reply : The visitor on " The Bishop begs to inform the Committee on the •fruBt^"^*'''*'' Calendar that a full account of the McCawley Fund is to be fouud in any report of the S. P. G. '' In 1869 the interest, which is about £10 10s. stg. per annum, had accumulated, and the sum of /40 lOs. was drawn by the President, but tlie Bishop is unable to say to what purpose it Avas devoted, and whether there was any examination or adjudication of a prize. As there is no provision for expending the money in books or in any other way, he presumes that the interest must be allowed to accumulate when no prize is giuen ; but as the Donor is still living, some modifications of the original intention of the gift may udvatitageously be made, by the mutual consent of the Governors and Donor. " Halifax, June 8th, 1871." Another point which caused the President to become more and more my enemy, was my inquiring, as Secre- tary of the Committee, whether a letter addressed to the Rector of Windsor could be filed among the jiapers of the Committee without the address being altered. This produced an outburst of passion on the part of the President who preferred considering himself insulted to ceases to attend complying with Ordinary business rules. This occur- took place at the second meeting and was immediately followed by my resignation of the Secretary- ship (a purely honorary though very laborious post). On the written request of the chairman who absolved me of all blame in the matter, I withdrew my resignation. The President ceased to attend the meetings and per- sistently ignored every communication from the com- mittee, even though these were backed by the direct orders of the Board of Governors. This conduct on his part could not be construed into aught else than contempt of your Board and your Resolutions, and necessitated certain resolutions of the committee, all of which included in the minutes submitted to your Board, were approved by you. Additional violations of the Statutes were revealed meetings of the „„„„„ Committee, rencc IV your College ihe corr }*rt'sidet rom w trrors ir tould ai that the \ho men |)rejudic ' 1 ' hmprece '^Statutes '^ponsibi into the 'that dut guiding H\\At th fdignitai ^ influenc j' placed I Church ; authorii *" neglect * i^arnest ."' near ir , defeate I themsc i niaintii n accumulation of nquiries elicited 8t Funds [over of the College, the College was as hia reply : oramittee on the ey Fund is to be :io f 5r 10s. stg. per ^40 10s. was unable to say to there was any As there is no i or in any other t be allowed to the DoDor is still intention of the mtual consent of dent to become iring, as Secre- iddressed to the the jDupere of altered. This \ie part of the 3elf insulted to This occur- sting and was ' the Secretary- borious post). 10 absolved me ly resignation, ings and per- rom the com- by the direct conduct on his than contempt i necessitated v^hich included rere approved vere revealed your Committee. Chief among them was the neglect2'^j*^'*,'^'^J|: n keep the Matricula, that most important of all the'''*'**'*'"' ,. P, 11 1 11 'I . 1 • membert of the Lollegc records, u hen it became necessary to print UniTcriity. he correct list of the Members of the University, the ^resident and Vice-Prcsidetit together had to make up, rom memory and other sources, the deficiencies and iferrors in this document. They could not, therefore, nor ^ould any one connected with the College, state on oath _that the Matricula contains a full and true register of all %he members of the University. This may prove most |nejudicinl, but whose the fault? ' 1 should never be done were I to er merate the flmprecedented and unsuspected number of violations of 'Statutes, of neglects of duty, and of disregard of rc- '^iponsibility. Your Board has shown, by not inquiring into the violation of rules of which I have complained, that duty and honour are not to be, along with truth, the ^guiding principles of the government of the College, but *tliat they .are to yield to the necessity of sheltering fdignitaries of the Church and men of position and -influence. Alas ! that it should be so. That a College J* placed under the protection of the venerable and loved Ohurch of England should thus be given over by men of ) authority to the dominion of perversity, falsehood, and ' neglect. That it should be said that the men who were ,' earnest and self-disinterested in trying to rescue it from ' near impending ruin, should be attacked, beaten and defeated by those who have put away their duty from i themselves and have not been true to their oath to J tnaintain the dignity of their Institution. ' What might this College not have become, if instead of stifling the voice of Truth, your Board had manfully / accepted the position and set deliberately to work to do that which is right, regardless of personal feeling and interest. But it was not to be so. In vain have I, in vain have others too, whom your Board should be proud to number among you, striven to arrest King's on its road to ruin, in vain have I spoken, and worked,*® <1o"boo^^ and fought to obtain justice, not for myself, but for the youth of this land, for the great public Trust to which j I belong. My eyes are forcibly opened to the sad reality. Can it be that the Governora of the College ar€ ; powerless to eflfect any good change P Their President, ' 2 i"^ CollpffP Are the Qover- 18 I Reaij my Igna Offli in his three-fold capacity as Visitor, as President of the Board, as Bishop, not having fulfilled hia duty and wielded arbitrary power, prefers to retain this power to setting himself as a Christian man, as a Christian Bishop, to the redemption of the University. King's College is not the place where an honourable man, knowing what I know, can stay, when all hope oi real reform is taken away. However painful the step, it must be taken and the connection which, under actual circumstances can profit neither the College nor myself, I must sever, but not without one last word of warning to the authorities, not without one last appeal to what- ever sense of justice still remains to them. Your Board must act and act vigorously in the right direction if King's College is not to go down with shame and reproach. I have said it, my duty now is to lay before you my fflce. resignation of the Professorship I hold here, I tender it now 80 that it may take effect on the Ist October, in this year, and in thus ceasing to be connected with the College, I must seize the opportunity of expressing my very warm and deep gratitude to those now or fonnerly of your body, who have not joined in the general persecution to which I have been subjected, who have devoted themselves to what, I fear, must be considered the hopeless task of restoring this College. To all of them therefore, I wish to pay the tribute of merited thanks and gratitude. And again let me recall to your Board that the written ofiScial proofs of all I have stated as to the College are in the very room where you are now reading this letter. The facts contained in it are incontrovertible. It is almost needless to state in conclusion that I Si righu.°° ^'reserve to myself the right of publishing this letter and any further communications should future events render them necessary. I have the honour to be, My Lord and Gentlemen, Your obedient servant, . F. C. S. R. SUMICHRAST, Professor of Modern Languages. [This letter was only received by the President of the Board of Governors on March 11th, a few minut«« before their monthly meeting, marked " private — for the use of members of the Board only," — and was sent to the newspapers a few days later by the writer. For Resolution in answer, see end of Appendix.] a-MU)M C i'/'o t/ie E m Sir, — luyself OH l*ray i of rules e of Goveri printed ir inforniati( I hopi circular h Proofs in the poBBesBion of the Board. Dear I printed lei Ulth iust. .^its tone, t .,ask by wli >,Coramitte .June last. jexcuse wl hy author will see, t With n ^eould give fwas left t< ImeDts. jerfectly them by 1 |formally I IS you sa The fin esid^nt of tlio his duty and this power to istian Biahop, m honourable en all hope oi nful the step, under actual nor myself, rd of warnin<5 peal to what- Your Board it direction if shame and »efore you my re, I tender it October, in this eted with the expressing my w or fonnerly the general ied, who have be considered e. To all of te of merited loard that the ited as to the e now reading jontrovertible. elusion that I this letter and events render ant, [CHRAST, zrn Languages. Ternors on March e — for the uae of days lat«r by the H pWim CORRKSPONDENCK IN MORNING CHRONICLE. I Kino's College, 30th March, 1872. ijfV'o the Editoi' of the. Moniintf Chronicle: h SiK, — I append the correspondenco between the Bishop and ;?liiy.sell' on the subject of my circular letter. Pray remark tluit he takes no notice of the charge of violation of rules contained in the letter of Feb. J)th, addressed to the Board of Governors. The rules violated I have enumerated in the letter printed in the Windsor " Mail," a copy of which I forward for your information. I hope that those of your contemporaries who have noticed my rircular letter will khidly refer to this correspondence. I have the honor to be, Your obedient servant, F. C. SUMICHRAST, Prof. M. L., King's College. NO. I. Halifax, March 14th, 1872. Dear Sir, — It would be sufRcicnt to acknowledge receipt of your ^printed letter, (dated Feb. 24. but only received by second mail on the 4 11th iust.) and I don't intend to comment either upon its statements or 4its tone, to both of which grave exceptions are to be taken, but I have to •>ask by what right or under whose authority you, as Secretary of a College >Coramittee, have printed a letter received by that Committee from me in jJune last. You cannot be ignorant that a Secretary is utterly without jexcuse who publislies documents received by him in that capacity, except /)by authority of the body for which he is acting in that capacity. You ?)will see, therefore, that my question requires a definite answer. ; With reference to your letter to the Board of Feb. 9th, the Governors ^could give you no answer, for your application was wholly irregular, and it s was left to the President and Board of Discipline to deal with your state- >raents. You insist very much upon observance of rules ; you must know Iperfectly well that it was your duty, if pupils were irregular to punish itbem by literary *' impositions" or tasks, and, if this did not suffice, then iformally to bring them before the Board of Discipline, and not merely, las you said, speak to them and *' mention" the irregularity at the Board. The final resort in cases after every other resource has been exhausted. 20 N is to the Board of Governors, whlcli wotild be fur exceeding its duty if I; wore to receive complaints such ns you have made respecting your pupiN We certainly could not " admit " any charge of violation of rule- which have never been specified, and by minutes of Board of Discipliiii it appears that you declined specifying oven to your colleagues tlie rult • which you allege to have been violated. So far as regards your letter m 9th ult., it was evident that you had yourself neglected the "rules. but we were lei\ in ignorance of the nature of any other violation. I am, sir, yours faithfully, (Signed) H, Nova Scotia. Prof. Suraichraet. As the I lat I shall , inc'ludii The hill )e public [•he Rif^ht of Go NO. II. King's College, 23rd March, 1872. 01 My Lord, — I beg to acknowledge receipt of your communication date 14th inst,, received by me on the 20th inst., at 1 1 p. m. The right and authority by and under which I have published tiu letter addressed by you to the Committee on the Calendar and Constitu- tion, on the subject of the McCawley Tru.st Fund, in June last, are the right avid authority conferred by the necessity of vindicating truth. It anything could have strengthened and confirmed the assertion I made in my printed letter addressed to you and the Board of the Governor.'', thai you were desirous of '* sheltering dignitaries of the Church and men ot position and influence," it would have been the step you have now taken. For what will the public think, my Lord, of your insisting on my appeal ing for authority to publish a condemning letter to a body of which tht very person accused of tampering with Trust Funds was a member, a; well as another, implicated in transactions of a scarcely less di.screditabl« character, while a third was charged with having privately retained Col- lege property V When half the body is corrupt it is useless to ask it to allow the truth to be revealed. Moreover, your Lordship cannot bu ignorant that I was an active member of the Committee, with power to vote, and that, had I chosen to ask that body to grant me authority to publish that letter, I have not the slightest doubt that in spite of the opposition of the implicated members, that authority would have been granted me, as, fortunately, there was a majority in favor of truth and openness as opposed to corrupt practices and reticence. I trust your Lordship, having received the above " definite answer" to your question, will not be behindhand in answering the very grave and serious questions put by me. The matter your Lordship refers to is futile and unimportant to a degree when compared to the weighty charges ii hangs from. It is not by taking exception to slight details that your Lordship or the Board can hope to bring the public to your side ; it is hy disproving the allegations I have made, and I confidently await your attempt to do so. '. i '*> • ' 5ir,— Ii you that y the 14th ii ublicatiot oard of eing ailli ntbrmiitio ave obtui hich it \i ilhhold i I The qi jwhether ti Isanction < whether tl )nsses8ion Trof. Sur My Lo cation of If yoi ; is no dc [ altogethe [answer ii Unde: * mittee, n k ling its duty if ij L'ting your pupiN iolatioti of rule- 1 ard of Discipliii, Iea;»ue9 the riilf. rds your letter jsanction of the body by which it has been appointed ; and secondly, less discreditable |whether the Secretary may publish any letter or other document in hi» tely retained Col- h'ossession as Secretary, without the sanction of that Committee. March, 1872. ommunication oi p. m. ve published tin ar and Constitii line last, are the eating truth. Ii ertion I made in 5 Governor.'', that iirch and men ct have now taken ng on my appeal eless to ask it to •dship cannot bi e, with power to me authority to in spite of the vould have beeu •or of truth and definite answer' B very grave and refers to is futile iighty charges ii details that your >ur side ; it is bj' ntly await your j (Signed) Prof. Sumichrast. I am. Sir, Yours faithfully, H. Nova Scotia. NO. IV. t King's College, April 1, 1872. My Lord, — I have the honor to acknowledge receipt of yonr communi- - cation of date M.ircb 28th. j^ If your Lordship intends to raise a new question in every letter, there is no doubt that misunderstandings will arise. You stated the issue altogether differently in your former letter ; but even as now put, I can answer it. Under ordinary circumstances there is no doubt that neither a com- mittee, nor a Secretary of a committee, may publish documents without 22 It the sanction of the body that appointed them. But the present are extraordinary cifcumstances, as Your Lordship very well knows, and as I could pi jve to everybody's satisfaction, were I to enter into an analysis of the Board of Governors. Besides, all the information in Your Lord- ship's letter is not to be found in any report of the S. P. (x. I have not found in these reports any such decided expression of opinion as Your Lordship's letter contains. I would 'ho respectfully suggest that the question before the public in regard to my " publication of statements affecting the College" is less one o{ *^^ propriety" than of trnth. As soon as Your Lordship and tlio Board have convinced the public of the truth or untruth of the charges. the question of " propriety" may be discussed. Till the Board's answer comes, I think it may be left alone. I have the honor to be, Yours, «fec., (Signed) F. C. SUMICHUAST. The Right Reverend the Lord Bishop of Nova Scotia, Board of Governors King's College. President April 8th, 1872. At a meeting of the Board of Governors, held this day, the following resolution was passed : " Resolved, That the Associated Alumni be requested to nominate a Committee of five members of their Association, to meet at Windsor at the earliest possible date, and investigate all the charges contained in Professor Sumichrast's letter of February 24, against the Visitor, Governors, Officers, and Students of King's College ; having first given due notice to the said Professor of the time and place? of meeting, in order that he may have the opportunity of attending and a'^Iducing evidence to substantiate the said charges; and a similar notice having been given to the Govornors and Offi- cers of the College, that they may furnish such answers and explanations as they may think tit to offer." In consequence of the foregoing Ilesolution, a s])i'(ial General Meeting of the Associated Alumni was held on 19tli April, wh"n the following Resolutions were passed : 1. Resohed, That a Committee of five (not necessarily from the Alum- ni) be appointed for the purpose mentioned in the resolution j)assed by the Board of Governors. 2. That the Provincial Government be requested to appoint two of their number, to meet three to be appointed by the Alumni, to proceed to Windsor |o investid will be piil 3. S. L. Shi| their nur At a| y(^sterd£ publiihe Wher in King's : t>4th of I that Coll irrespecli an accust of his let tion — it i the char Governin at its cor friends o without once, cai ture, am the offici the Col tliey hai the ace accuser those cl into the public 1 A IK passed body a comply Conimi this B( Anc concer: agains: 23 he present are I knows, and as into an analysis in Your Lord- • I have not pinion as Your efore the public "ollpjre" is less rdship and the f)f the charges. Board's answpj- ■•UMICHRAST. tia, Presideur 8th, 1872. his day, the to nominate ;i kVindsor at the (1 in Professor nors, Officers, 'e to the said may have the tiate tho said iiorfl and Offi- fl»lanations as iiil General ^pril, \vh"ii 111 the Alum- assod by the two of their ' to Windsor "o investigate the charges made ; and that tbey be informed that their expenses Wi'l be paid by the Board of Governors. 8. That the members to be appointed by the Alumni shall be the Hon. S. li. Shannon, Rev. John Storrs, and Captain Moody, with power to fill up their number, in ease of a vacancy occurring. April 27th, 1872. At a meeting of the Governors of King's College, Windsor, held yesterday, the following resolutions were passed and ordered to be publifhed. J. C. CoCHR.^N, M. A., Sec'y to the Governors of Kinff's College, Windsor. Whereas, Mr. F. C. Suniichrast, who is Professor of Modern Languages in King's College, Windsor, has, in a printed and published letter, dated the *J4th of February, 1872, preferred certain charges against the Governors of (hat College, and against some of the College authorities ; And, whereas — irrespectively of the pretensions of that gentleman to occupy the position of an accuser, which the Board does not acknowledge, and of the offensive tone of his letter, which, under other circumstances, would preclude its considera- tion — it is felt that a scandal has been raised by the mere publicity given to tho charges that may prejudice the Institution ; And whereas, the Supreme Governing Power of the College, sincerely desirous, by any legitimate means at its command, to dispel doubts that may be disturbing the minds of the friends of the Institution on the subject of this impeachment, nevertheless, without abandoning the du?y of maintaining inviolate its official independ- ence, cannot (although recogni,iing the controlling authority of the Legisla- ture, and of the Queen in her Supreme Court) delegate to any foreign body the office of inquiring into such of those charges as respect the Governors ot the College ; and cannot, without humiliation, permit the mode in which tlicy have performed their trusts to become the subject of question, merely on the accusation of a person occupying that relation to them in which this accuser stands ; And whereas tho Governors decline to consider such ot those charges as are merely personal to Mr. Sumichrast, because an inquiry into them is not within the scope of their duties, and because in them the public has no interest. And Whereas, The Associated Alumni, having considered a resolution passed by this Board at its last meeting, requesting them to select from their body a (Committee to investigate Mr Sumichrast's charges, have declined to comply with that resolution, but have suggested to this Board the names of a Committee, not exclusively composed of that body — a suggestion to which this Board regrets that it cannot accede. And Whereas, Abstracting from the charges in question such of them as concern Mr. Sumichrast alone, and those preferred against this Board, and against the Visitor, the charges that remain are resolvable into a general I ebarge of wilful or permissive violation of the Statutes of the Universitj, of which the sanction is by one of them especially entrusted to the Visitor. Resolved, Therefore, having regard to the particular Statute last referred to, that, as the only means at the command of the Board for attaining its object in relation to the public, his Lordship the Visitor be respectfully re- quested, tiSsociating to himself the gentlemen hereafter named as bis assessors and assistants, tc take such steps as may seem to him expedient in order to investigate all the matters of charge combined in Mr. Sumichrast's letter, with the exception of those which have mere personal reference to that gen- tleman, and of those which are preferred either against the " Visitor," or against " the Board of Governors." Resolved, That it is the opinion of thi» Board that the investigation con- templated by the preceding resolution should be instituted immediately, and be thorough in its character, with every facility afforded to the accuser to substantiate his charges, and to the accused to establish their defences, that the inquiry should be conducted with the accessories of a reporter and a clerk, and that the result, together with all the tvidence, should be laid before the Board, in order that it may be accessible to the Provincial Government, to the members of both Houses of the Legislature, and to all persons interested in the University. Resolved, That the Board, i.; suggesting to the Visitor those whom it would recommend to him as his Assessors, gladly avails itself of the names of the Hon. S. L. Shannon and the Rev. John Storrs, shown to possess the confidence of the Alumni, by the fact of tleir having been .selected at the last special meeting of that body, with the added recommendation of the Hon. Attorney-General Smith, P. 0. Hill, Peter Lynch, and M. H. Richey, Esqs., also members of the Associated Alumni, requesting him to nominate as his Assessors those of the above-named gentlemen who may be able to accom- pany and sit with him at Windsor at an early day. Date! [l.s. .iVi diro( new nauu chari and 1 knov touc Coll Sz. NOTICE OF VISITATION BY THE VISITOR. HiBBERT, by Divine Permission Bishop of Nova Scotia, To the President, Professors, Students, and other Members of King's College, Windsor, — Greeting. Whereas, It has been publicly alleged that many of the Statutes of King's College arc commonly violated, and that some of the Officers of the said College habitually neglect their duties ; and whereas, the Governors of the said College have requested us, in the exercise of our authority as Visitor thereof, to enquire into the present condition of the College and University ; Now, We, Hibbert, Lord Bishop of Nova Scotia, and Visitor of the University of King's College, do hereby give you notice that we purpose holding a Visitation, with the assistance of certain Assessors, in the new Hall of the said College, on Monday, May 6,. VI th( o'c in ati U S » • i n ii m ' the UniversJtT, of the Visitor, tatute lasfc referred a for attaining its be respectfully re- ed as his assessors 'dient in order to imichrast's letter rence to that gen- te "Visitor,'' or nvestigatiott con- imediatelj, and to the accuser to '•• defences, that •"ter and a clerk, laid before the Grovernment, to "SOUS interested those whom it of the names of to possess the «ted at the last •n of the Hon. Kiohey. Eaqs., lominate as his a bio to accoHN roR. 25 at one o'clock in the afternoon. And we require you, the Presi- dent and all other Officers and Resident Members of the said College and University, to be ready to attend whensoever you, or any of yon, sh;ili bo summoned to appear before us, in the course of the said Visitation, to be examined touching any matter relating to the said College and University, or the members thereof. Dated at Halifax, this Thirtieth Day of April, in the Year of Our Lord 1872. f Sgd) H. Nova Scotia. [^-^■] _ Halifax, May 2, 1872. /Sir, — The Lord Bishop having announced his intention to hold a Visitation of King's College on Monday, 6th inst., at noon, I am directed by His Lordship to require you to be in attendance in the new Hall of the said College on the day, and at the hour, above named, then and there to adduce your evidence in support of the charges which you have prefei-red against the President, Professors, and members of the said College, and to answer, according to your knowledge and belief, such interrogatories as niay be put to you, touching any matters, whatsoever, relating to the University and College, or any of its Officers or Members. 1 am, &c., C. B. Bullock, Registrar of the Diocese of JVova Scotia. Sz. R. SuMiCHKAST, Esq., Prof, of Mod. Languages. Members of ho Statutes ""_« of the "tios ; and 'ted us, in fe into the Visitor of 'otice that >f certain ^ May 6, f SECOND NOllCE. May 7th, 1872. ^ Sir, — In reference to the summons addressed to you by the V^isitor, 1 am desired by his Lordship to give you notice that with the concurrence of his Assessors, he purposes to proceed at one o'clock this afternoon, to an examination, touching your behaviour in your offices of Professor and Tiibrarian, and to require you to attend in the College Hall, at the said hour of this 7th day of May> 1872. 1 am, &c., Maynard Bowman, J , Secretary of the Vititatian. Sz. R. SuMioHRAST, Esq., Prof, of Mod. Languages. m llEPORT or THE VISITOR OF KING'S COLLEGE, Presented to the Governors of King's College. May 21, 1872. In consequence of my absence from the city, I have been unable to examine very carefully the report of my Assessors ; but. I am happy to b(! able to express my entire cnucurrenoe with its tenor as far as I have been able to gather it from a cursory inspection ; and I submit it for your consi- deration, together with the evidenuo upon wliich it is based, and some further observations from myself. The charges published by Professor Sumichrast, in his letter of Fob. 24, having been directed against the Governors, as well as against the Executive of the College, I could not take cognizance of them, until you had resolved (after the failure of your reference to the Associated Alumni) to separate them, and to request me, as Visitor, to investigate those which had relation to the resident authorities and members of the College. Being thus free to execute the duties of my office as Visitor (under the Act of Incorporation and the Statutes of the University), I determined to enquire, as fully as possible, into all the statemunts that have lately been circulated, to the detriment of the College, the extent of the enquiry being only restricted by the limits of the time which the gentlemen, who kindly acted as Assessors, might be able to devote to this matter. Accordingly I nominated the Honorable the Attorney General, llev. J. Storrs, Matthew H. llichey, and John Rutherford, Esquires, — of whom the flrst three took their seats with me, at the opening of the enquiry, and the last named assisted on the second day ; and ttie thanks of all persons inter- ested in this investigation are due to those gentlemen, for their valuable services, given at considerable inconvenience to ihcmsolves. Due notice had been given of my intended Visitation, and all person.s resident in the College had been required to be in attendance, — and Prof. Sumichrast was especially summoned, to adduce his evidence in support of his charges preferred against the President. Professors, and Members of the College, and to answer, according to his knowledge and belief, such interro gatories as might be put to him, touching any matters, whatsoever, relating to the University and College, or any of its officeis, or nieiribors. I opened the enquiry by stating that I was acting as Visitor, under the authority of the University Statutes, to which I referred, and was [)repared to receive and to investigate all charges or complaints that might be preferred, against any of the officers of the University and College, or with reference to their manage- .iiMi^sii mm '27 EGE. 21. 1872. en unable to 1 happy to bo " I have been •■your consi- some further of Feb. 24 le Executive had resolved to separate had relation thus free to icorporation as fully as f«d, to the istrieted by • Assessors, . itov. J, wliorn the ^ and the i^ons inter- '■ valuable ill persons and Prof. ipport of r.« of the h interro slating to 't'ned the y of the « and to it any of manage- ment in any respect ; and I then asked Profi'ssor Suinichrast wlietbor he had prepared his charges in a form that would lio eonvonicnt for oxaniiiiation. lie then read a printed protest (for which T rotVr yo\i to tl)e ro(>ord of pro- i;eedin(.5s). rontiiinin^ ohje<;tions to the action of yi>ur Hoard, but not at all affecting the competency of tlie Visitor to roqiure his attendance, and to proceed with tlie proposed investigation. H«> was then informed that it would not bo admitted, and was required to obey tlu» Statute, by remaining to be cxiiminod ; and he deliberately and oontunuiciously said. " I refuse to bo examined," and, notwithstanding our nMuonstrances withdrew, — thus setting perversely at nought the Statute and the authority of the Visitor, in the presence of several undergraduates of the College, setting a mo.st perni- cious example of insubordination. Upon this conduct it is impossible to animadvert too strongly, for it is intolerabh* that a man. in any position, and under any circumstances, .should publish charges of a very grave character, and then absolu»'ly refuse, when culled upon, to attempt to substantiate them. That a Professor of a College .^ihould thus ass-ul the Institution in which h'j is employed, and the welfire of which he is bound to promote, is an aggravated crime. I was so well aware of the ehuraeter of his assertions, aiul thought it so improbable that he would .submit theui to the onleal of any investigation, in which he could be questionetl, and their false exaggerations would lie exposed, that I was not surjH'iseil at his relu.sal to be examined ; but this refusal must be regarded by every one as an admission of his guilt, in circulating statements which he could not atttunpt to prove. If he had been honest in his proclamation of bis anxiety for the removal of evils, really suppo.sed by him to affect the reputation of the (%>llegt», ho would gladly have availed himself of any opportunity, and would have adduced bis evidence before any com.nittee appointed to receive it. But to refu-se. when summoned, to appear before the tribunal specially constituted by law. for the investigation of all .such charges as tho.se preferred by him, is an oHence that can neither he justified nor palliated ; and I think that any per.sons wht., knowing of this action on /lis part, pay the slightest attention io any lurther statement that he may make, may safely be left to enjoy the fruits of their own credulity. It will be remembered, moreove-, that when the (Jovornors reterred the whole matter to tbo Alumni. Mr. Sumiehrast published a letter to show that a Conuiiittce of that body could not be n satisfactory tribu(\al, as ho very naturally {)refers writing exparte statements, to which ho may well believe that no one will condescend to rejily. His own iluty. on this occasion, was perfectly plain, whatever yours may have been ; and if it were shown that you ought to have adopted some other eotirse. he would not have been released from his obligation to obey the summons of the V'isitor. We hoped to have received from Mr. Sumiehrast a formal statement of charges, and in default of this, we could not pretend to collect them all, since he has been constantly adding to them in various publications, but we took his letter ann is unqvuo Governors, without any knowledge of the truth or falsehood of the statements therein contained. You will learn from the evidence that Mr. Maynard regards my report of the proceedings at the Visitation, held at their request, as perfectly satisfactory ; and as that report has been copied from your minutes and published, (although without your permission,) I may refer you to it. You can judge for yourselves how far it was proved that " the Statutes were violated in /en material points, ^^ or that " the discipline of the College was allowed to bo of no effect." And I especially request you to observe that not one single violation op the Statutes, by any of the officers, except Professor Sumichrast, has been PROVKD BEFORE US, BEYOND THOSE WHICH WEUE THEN REPOUTED, AND WITH RESPECT TO WHICH ACTION WAS TAKEN BY THK VisiTOR, nearly a year before the publication of Mr. Suniichrast's letter. Even at that time, the violations of Statutes were rather technical than " material." The Vice-President had not been re-nominatcd annually, but he coutiuued in office, and was not less Vospl vetit'l frainl stud disoJ II the for tl Vatic r and I tlievl be i| staul dnti niof den by tlie 29 judgement that It their views," itontion of the ' and duties of 's airon;ated to th the College, i^ery galling to Jlege.—where id to give his -c's, of which and harmony ^uiarity have •ogress of the that, whereas College, for ii-'e his letter) s own words, ' to he, that.' ly attempted of straw, in le character, issailod and March 11th, writer could lid give him opies of the to entertain was imme- •ewspapers, < Ambrose, ^edly, in a •n, relying 'dge of the learn from ings at the hat report houi your how far it ."or that ' And! V OP THK HAS BKEN IND WITH ar before 'iolations dent had •' not less vospnnsiKlo for the disclplino of tile College than if the appointn\int hud boon renewed each year. No Proctor had been appointed, since tbo Statutes were tVanied. because it had bjcu doeined more benoflcial, while the nuinltor of stu(l(!nts was small, to hold the Tutors responsible for the rvpiessinn of any disorderly conduct that they might happtJii to witness outside «>f the ("ollege. It wiis admitted that the Matricula had not been regularly tilled u|) ; but the omission was of particulars which are not essential, and there is no unuitid for the supposition that there is reason for questioniiig the date of Matrieu' lation of nny student, entered since the beginning of the irregularity in 1St»*J. The declarations upon taking office had not been signed by the I'residenl and Professors ; but I must demur to the strange doctrine, that '" they won; therefore without responsibility," and I hope that it nuiy not be supposed to be ir accordance with the ethical teaching reco;;nized in our College, imtwith- standing that it is unhappily end Tsed by the signatures of two elergyuten. The Bursar had been incapacitated by illne.'^s for the perturuuuKv »if hi."* duties with respect to the buildings, (and particularly the Hall, being iho most distant part,) but as you have been made painfully aware, by the eotjstant demand upon your funds, the condition of the Ilall. when handed over to u>» by the Alumni, was so imperfect and faulty that no vigilance eould prevent the appearance of a continuous series of defects. The state of the building was very bad for a considerable tune, because every gale bi-oke the windows, or otherwise damaged it, and we were unable all at once to find nuuiey to render the building .serviceable, tor the purposes for which it w.is presented to iis. We have, however, now expended a largo sum of money upon it. and niani/ months before the publication of the Professor's letter, viz. : at the la.>'uits, and the reputation enjoyed by the College, and the character and success in life of many of her Alumni, are the best testimony to the merits of our system, and the ability of our Professors. And it may be safely affirmed, so far as I can judge, from information received, and from my own twenty years' acquaintance, that there has never been less reason for such charges as have been lately preferred, chan at the present time. Prof. Sumichrast must be entirely ignorant of the habits of men and boys through- out the world, if he imagines that a College or ac ool building can be kept free from scribbling ; but you will bo satisfied, on reference to the report, printed with the evidence that there is a remarkable absence of language worthy of serious condemnation, and I have reliable evidence that our College contrasts most favorably with some others in this respect. I believe that # 10 Museum. His ovidcrioo. generally arc very •Jipears that, eon- ' '" use, and tlju '•. they art' in a ' t'lt^m. which is y iittriljutablo to "It. a short time lingnesM to jrive ""•"iclf .-Klinitted file instrument.^ *"y the lua,st, so L'n.sational." "»t«, I n)a_y re- i-'fter to us. the <'f the students wliiJe all who « within their ?. &c., prevail '«i^^. that while ection, no one in the streets ; be expo.^ed at dent shall go wragraphs on 'j sen.sational, ) descriptions, history, there ine in every fort lias been J when they '"« is, in my '•«uaded that he students, The tree ia ge, and the testimony to ' it may be I, and from 3 reason for me. Prof ya through- » be kept he report, language ur College 'lieve that I much injury was done to the College, a year or two ago, by a few ."tudonls, wlio introduced the n^preliensiblo practice of annoying freshmen, hut very dutermincd measures wore adopted to put a .stop to it, and one youth wiio appeared determined to continue the practice, was soon removed, and the evil was effectually checked. The froedoin of ingress and egress at night has ahcays cristed, and wni* the same when the College was most flourishing as it is now, being unavoid- able witli the present construction of the building ; and Professor Hind and the Coinmittoo appear to regard the erection of a cloister, wliich will enable the nutli(-iities to close all the doors except one, at night, as the one sufficient remedy for all irregularity on the part of the students. I fear that its advantages will not e(|ual their expectations, but it may be tried ; and indeed it was understood that you would long since have erected it, if you had not been called up(in for such large contributions towards the completion of the new Hall. It is very well for those who are unac(iuainlod with the state of our funds, to complain because this or that is not done, but it should be made known, in vindication of ourselves, and of the President and Bursar, that they have frequently represented to us the need for repairs and improvements, which we have been obliged, most reluctantly, to decline to authorize, in consequence of our poverty, — one member of our Board having, more parti- cularly opposed all expenditure beyond our ascertained income, and having, by his judicious warning, induced us to refuse compliance with applications, which would have involved an increase in our debts The Bursar stated that he had .supposed himself to have been deprived of the charge of the buildings, in consequence of the appointment of Professor Sumichraat to report upon them last year, instead of himself, and the appointment of the resident Governors as a Committee to make certain improvements. This was a misapprehension ; but it was perhaps natural, considering all the circum- stances of the case, and accounts for the absence of any representation from him of late. I have here to observe that the employment of Professor Sumichrast to make that report, and also to take stock of Professor How's department, by the resident Governors, was very injudicious, and could not fail to awaken jealousy, and to wound the feelings of the old officers of the Colleg'e, and that any want of co-operation on the part of those officers with the new Committee on the Constitution and Calendar, is attributable, in a great measure, to the manner in which this stranger was put forward by the resident Governors, while his crude opinions were treated with a deference not accorded to the maturer judgment of those whose long experience had enabled them to under- stand the requirements ' - -i^-.-.: immedijue cuise of al of the Prosident ; tlioy Iiavo coif a inly N HO fo harrass him nty. to I-Oo;,in| |,i, liifli many ehan^yos ' vioissitiKJuH. Ho n KrofJoricroM and t from hi.s anliiou.x iut 1)0 is far from i« (lutioa, and the e office which he; I iiiodo" with the 'I'iirs to have been vitli the students, iteristio of a true ure the attention ele<,'ant scholar^ iger man greater !qual in learning character, which «CawIey Hebrew 1«, with which I 8 connected with nii that it is not /«>/» of all my 1 hardly assure ecn myself, as 'ollege and the ithout address- sisted upon the say, further, in my opinion, ich are to be ionduce to the stablished and be Governors, appear to be f proceeding, and the old lifForences, oi' application, »rt of them, ■e their inten- ficulties, and ^oung men a 33 ncss of disoiplino may bo necessary, wliioh may bonoficially be modified jere the numbiTs are so small that they may well be treated as members of tt'funiily. [f yoit think fit to insist upon the literal observance of all your fgulatinns, the officers of the College are of course bound strictly to enforce em, as tb''y may from time to time bo interpreted or enjoined by us, but it un((iuvstieiialily your privilege, as w.ill as your iluty, to determine their ^terpit'tation, and to modify their application, according to the varying IjrcuiiistaTici's of the College. I have had some little experience as a resident pllow and Tutor of my College, and therefore I speak with confidence, as <|(H' who is not ignorant of the best mode of dealing with a body of students. Of the Curriculum "elaborated" by Mr. Sumichrast, I believe that the jithor Professors are quite willing to lot liim have the full credit, as it is quit? fa[)practi(!ablo with the present resources of the College, and under the circura llanees of this country ; unil all that was good in it was contained in a scheme proposed by tlioiu before his arrival. If T am not mistaken, the present lobemc was not adopted either " in the tooth of a strong opposition on the part of the Pesident," or with any " decided approval on the part of our Board " Hut we. having appointed a Committee, thought that we ought to »llow a fair trial to the .scheuie prepared by them, and the President always ixpiesscil his readiness to assist in working out whatever the Board might Ihink tit to adopt. One would suppose, from Mr. Sumiclirast's statements, iliat \vc l\a(l betMi all asleep n.itil he came to infuse animition and vigor, but l^e liave been alive to the necessity of change from time to time, and many Inodifications have been introduced, as they appeared to be required, although ie have tiot thought it necessary to decry or abuse our predecessors, in order io magnify ourselves. ' Doubts have been suggested as to the validity of our Degrees, but no graduate need be aluruied, for the several prescribed forms have always been Strictly observed. The Vice President is not directly named in conneotion ,vilh them, and in case of illness or ab.sence the signature of the acting Vice- j^^'rcsidcnt must be accepted, as sufficient to certify that the exercises have' .'been duly performed ; and, notwithstanding some defects in the Matricula, ftiiere has always been sufficient evidence of tie standing of each candidate for a Degree. Moreover, as I believe, the action of the House of Convoca- Jtion, in conferring the Degree, would be regarded by any other C nvocation, nnd by every Tribunal, as conclusive ovidcnce that all the preliminary condi- tions liad been properly fulfilled. Much stress having been laiil upon the paucity of students, as indicating some defect in the management of the College, I endeavored to ascertain whether any probable cause could be assigned for the falling off in the number of matriculations. But, as you will learn from the evidence, I was not very successful. 1 believe, however, that the Vice-President suggested one of the true reasons when he stated that the resuscitation of Dalhousie College in 1863 has tended to r'>duce the number of students at Wiml.sor, being situated in the City, and attracting to itself all medical students. He also explained the diminution of Divinity students, and [ need only add that with respect to them, the ditFerences of opinion unhappily existing in the Church, have pro- bably been injurious, although the Professor of Theology may fairly assume that, as each party charges hun with a leaning towards the other, he is probably not far from a " happy moan." 3 Havinp spoken of tin; Profossor. who hnH beoii clinro;!'!! with ncgloof of lii.<> duty ns Hursar antl Librnrian, I am lionrnl to remind ynu tliat Dr. Ilcnsley haf) l)t'»'n. ii.ini the time of liin Matiifulatinn, *iS years Mf!;o, one of oiir most able and highly vnlued memborf. Ho has been in all respecsts a ereilit to the Ciillogo. as one of our Alumni, and from tho date of lii« api>ointmeiit to oflii'f in lHr'4 until he was visited with severe siekness, one of our most etier<^"tir and useful oflieers. supplying, most beneficially, from tin)e to time, the places of others who.^e ofliees were vacant, and I believe that his iilnes-.s was partly caused by overwork. We, of course, suffi.'red from the interruption of his labours, and, if the moans had been at our disposal, we should (loulitle>^M havf endeavored to procure :>n assist;;nt : but wo should have rendered ourselves ju.stly lialile to censure, and would have incurred the viii;liteou.s indignation of tho public, if wo had removed, or if we had not treated with tho most favor- able consideration, a man so \inivcrsally esfeomed, and to whom we were -o much indebted. We cannot but sympathize with lilin under his nfflic'iion. understanding how much he must have felt aggrieved by the charges of wilful negligence, and the aspersions most unfairly and ungeniTousIy cast upon him by this young man, — a stranger in the Province — while his own long and faithful services were entirely ignored. [ am hap[)y to inform you that he i> now very much bettor, and. having been rcliovod of some of his most burden- some duties, is able to instruct his pupils, as Professor of Pa.storal Theology. as efficiently as before his illness. With respect to the now Professor of Mathematics, iMr. Oram, I am happy to say that tho evidence was altogether favorable, and that he appears like'y to be a very active and efticiont officer. In short, I think it may be affirmed that if a suitable person can be found to fill the place vacated by Professor Sumichrast, the College, both in its officers and its students, will bo in as good condition as it has ever been, and that jjarcnts may, with perfect confidence, send their sons to Windsor to be educated, and ti"ttii»'nt (o (.fli,.,. ir niitst oiior pCiccw I'K'ss w.-is partly ift'rruption of his •I •Inulpflo'-S li-iVf 'IhIoicmI (lunsolvof. us imli^'nntion nf I ft'o most favor- linni Wo wcro ^i> er his jifHii-tion, 'l'ni-^"',s of wilful K fast upon liim is own lorirr arid " 3''»'i tli.'it lif" i> ii« most hurdon- foial Tlioolojrjr, 'n, I am happ) 3 Jipfioars likt'Iv nay l.o :iffirnio(l i''\ by Frofussoi II lie in as good ft'cf I'onfidt'noi', I' a sliaio of the "plaint (hat h( 'Mil net was not :'t'nfid, Assessors at a Visitation of King's College, held by yonr Lordship tit Windsor, on Monday and Tiuisday, the 6tli and 7th t (hivs ot .May, Ih72, prcsiuit, in complianco willi your request, our opinion I upon the several matters into which ciupiiry was had. Some ditlieiilty was felt by us, in approaehing an investigation, insti- ■ tuted in eouseqiioiKie of certain grave charges preferred by one of the Professors of the University, and made public by a printed letter, wheQ we found, upon the o|)ening of your (yourt, that the Professor denied its jurisdiction, and having jiresented his protest, declined to appear us an accuser, and to tiiruish in convenient form for orderly trial, u speciQcutioa of hi.s complaints, and further, even positively rofu.sed, upon your require- ment, und(!r authority of Statutes of the University, to submit himself for examination. Your Lordship having, notwithstanding this refusal, determined to proceed, by summoning before you all connected with the University, and interrogating them fully, in retereuce to their respective departments and tiie general inauagemcnt of the College, and especially in relition to all matters referred to by Professor Sumichrast, whether in his published letter or in his protest, at the same time affording to all persons who might desire it opportunity to make statements and produce proofs as to the slate of the College ; we heard attentively all that was submitted, and as two of the witnesses on whose testimony Professor Sumichrast, by published correspondence, showed that he relied, were present througiiout the enquiry, and the Professor himself upon the second day, in answer to a further summons, in reference to his own particular department, appeared, and, acknowledging your evident desire to [)rosecute a thorough and impartial investigation, expressed willingness to assist in it, though without waiver of the protest he had entered, we think that we are justified in believing that we have received all the information that, uader any circumstances, could have been obtained. We iiave examined the minutes of evidence, as taken by the oflicial reporter, and liuding them to agree with our own recollection and notes of the facts as j)roved, pronounce the report correct. The general impression produced upon our minds by the evidence was that the complaints, in the sweeping form in which they were pre- sented in the letter, which we were called upon to consider, were unsustained ; and that many of the statements made by the Professor must have originated in erroneous information, which the testimony afforded to us could not fail to correct. , 36 From their comprehensive generality, and the confused way in which they are scattered through the letter, it is dilficult for us to deal with the charges in detail. We endeavor, however, to report upon them as far as we are aMe. The President is charged with neglecting to require from Professors, upon their taking office, the declaration provided by the Statutes, and it is alleged that, in consequence of this neglect, a Professor who has not taken it, cannot be held responsible for any irregularities. The evidence of the President shows that the declaration is believed to have fallen into disuse from an early period. None was required from him on his appointment in 1836, and he had not adverted to the necessity of its being administered to others, until attention was called to it at your Lordship's last Visitation. The President admits a recent case of neglect where the declaration was not taken by a Professor until three months after his appointment. The declaration is as follows : " I, A. B., do solemnly declare that I will perform all the duties of the office of , to which I am appointed, according to the Statutes of the University of King's College, at Windsor, to the best of my judg- ment and abilities." We cannot concur in the view that in the absence of such a declara- tion, a Professor is not responsible for irregularities. Irregular conduct is attributed to the President in dealing with the " McCawley Trust Fund," which, it is alleged, is an " absolute gift to the College, as can easily be proved by official records, and which is un- fettered by any condition permitting the donor to appropriate the interest when the prize is not given." The whole evidence upon this point, in our opinion, controverted the statement. The record produced showed that one hundred pounds sterling had been subscribed by the Rev. Dr. McCawley (the President^ to be administered by the " Society for the Propagation of the Gospel." Dr. McCawley's statement, submitted in writing, and filed, explained that there existed an understanding with the Society, that the specified object of the contribution was the founda- tion of a Hebrew Prize, and that in years when there was no qualified candidate the donor should be at liberty to expend the income for other purposes beneficial to the College. This explanation was found to be consistent with the entry in the published reports of the Society, and the President declared that the interest of the Fund had, when not drawn for the Prize, or suffered to accumulate for addition to the principal, been sacredly devoted, as originally proposed by him. The statement thus made, was not quustioQ<3d ; and no proof was tendered, of any misappro- priation. The President is further charged, in common with the Vice-President and Proctor, as failing in the maintenance of discipline, — the two latter, it is said, because they were not appointed. Both President and Vice- President clearly and explicitly testified to their vigilance and exertions in the maintenance of discipline. Proof of neglect was not established, and wo think it proved that both are fully alive to the responsibility that rests upon them, aad that discipliue is maintained with discretion. The freat \i regard faulty cl did not ■ and it 4 precautj and thf The| grounc treated I electioii Henslej any jn^ rjr«H d way in whi'd, deal with the 00 them as far om Professors, tatiKes, and it or who has not The evidence ave fallen into n him on his lecessity of its to it at your ;ase of aeglect three mouths the duties of o the .Statutes t of my judg- «h a declara- 'Qgwith the solute gift to which is un- ^ the interest ''is point, in uced showed he Rev. Dr. iety for the ubmitted in anding with the founda- uo qualified e for other ound to be > ty, and the ' drawn for cipal, been i'nent thus misappro- ■President wo latter, and Vice- exertious ablidhed, ►'h'ty that >n. The 37 great |)oint rested upon was 'he impossibility of enforcing the rule with tiregard to students being absent after 9.30 p.m., in consequence of tbe ■faulty construction of the building. But when this was iuWy shown it ;|did not appear that, in fact, many notorious breaches of the rule occurred, liaud it did appear that the President and Vice-President adopted such 'precautions as seemed to them best adapted to prevent their occurrence, , and that punishment was inflicted in such cases as became known. Tiie non-election of the Vice-President annually was explained on the ground that Professor Hensley's original appointment to that office was treated as continuing, and that a Statute provided that in case of non- election to the office of Vice-President the senior Professor (which Dr. Hensley was) should discharge the duties of the office. We do not find any ju.'f course, have "''th, had there ' audited once, ' proof of the to obtain large tlie Bursar's goods. 3to difficulties irchased 900 ' if'ence of the ■oDs; proved testified that s and others 3 use on the uniichrast — tile College Jply a state 3r years oq conveys an prehensible 5osiderable 1 ordered by f*'e" were ^ ftiuiifl. Though not generally irreverent; one or two of them would .firtainly answer to that descripiion. >1 Tlio charge against the students of reeling and cursing in their drunk- enness llirougii the streets of Windsor, is wholly unsustained by evidence. Ilevcral gcntU'nuii u'. liluli character, resident in Windsor from six years gpwanls, aud whose occupations render them particularly conversant >|^ith its iuliabitauta, generally, testified to having never heard language, #r seen acts to justify this allegation. No ouo was produced who had. Keither had wo evidence that " drunkcnnei-s, gambling, rioting, insubor- llination, and disorder, prevail among the students." Its prevalence, on the contrary, was distinctly denied by all who were examined touching |he matter ; but no CiO was found to sustain the affirmative. There appear to have been, in times past, isolated instances of disorderly conduct, checked whenever discovered, and even punished by sentence of expulsion. All persons testifying before us spoke unhesitatingly of the exemplary conduct of the students for the past year, and Professor Sumichrast himself, in reference to this aud other matters referred to in his letter, seemed contented to rest with a reference to the "marked improvement" that had taken place. On one occasion, within that period, intoxication was proved, This occurred on election day, and three students were involved in the offence. It was promptly brought to , the notice of the Board of Discipline, pud dealt with. It is represented as a first offence, and there does not seem to have been any repetition of it. The Matricula or Register of persons admitted members of the Uni- versity, we find, has not, of late years, been kept in strict compliance with the Statutes, or with the same accuracy and fulness of detail, as in former times. The Curriculum, we think, is a matter to be left for the consideration of the (lovcrnors of the College. Touching any further questions raised by Professor Snmichrast, not above particularly disposed of, the general remark will suffice, that we iuivc found no evidence that would, in our opinion, establish a suspicion injurious to the College. In respect to the inquiry instituted by your Lordship into the conduct of Mr. Sumichrast, as oue of the Professors of the University, we wish to give due weight to his explanation of the heavy obligation incurred by him to the Steward, and yet undischarged, as resulting from his antici- pation of a larger imome than he actually enjoyed ; but it is raateiially reduced by his admis-ion that, very soon after his arrival, he was able to form his own estimate of wluit ho mi,'^'it depend upon. He appears to liave received an erroneous impn-ssion regarding tlie extent of his duties, from his conversation with IVIr. Galienga, but does not attribute any intentioiuil misrepresentation to that gentleman, whose high character he acknowledges. We tind that Professor Sumichrast, as Librarian, has not strictly complietl with the requirements of the Statutes ; but after hearing his ♦■xplanatious, do not think that the neglect produced very injurious effects. At least, no evidence to sustain such a position was adduced. I ¥ 1 40 We regret that we are not able to add the same qualification to out finding in respect of his conversations with students, which, although we accept his interpretation of them as jocular, were calculated, wa thiuk^ to encourage the expectation of a disregard of discipline. We have also to report, as established, the breach of the Statute, Cap. 7, Sec. 1, and disregard of the President, by Professor Suraichrast, in changing the hours for lectures, as also in notifying students of exemp- tion from attendance upon his lectures, without due authority, — as these acts were frankly admitted by the Professor himself. We have the honor to be. Your Lordship's most obed't serv'ts, (Signed) Henry W. Smith, ff. M. Atty. Oen. John Stohrs, Clerk. M. H. RiCHET, Barrister. ALiF AX, 17th May, 1872, RT^P( < H'fioaf,on to our rated, wo think, to .the Statute. Cap ■ideuts of exemp. ioritj,_as these 41 REPORT OF J. RUTHERFORD. Esq., C. E., ASSESSOR. W. Atty. Oen. \er. " IIaupax, May 20, 1872. My Lord, — Havin}?, as one of your Aasossors in tho inquiry instituted by iyour Lordship into the charges made by Profosvsor Sumiehrast, given \: special attention to the Geological and Minerulogicnl collections in the Museum of King's College. 1 have now tho honor, in accordance with your request, to submit the following report on their condition and character. The collections, according to the Calendar 18TI-72, are termed the Almon. the Governors', the Alumni, and tho Australian. There are also others which have no specific title and which consist of presen- tations from various benefactors, and of exchanges with collectors. The entire collection is not an extensive one, but it is certainly not oidy interesting, but also valuable in connection with the study of those branches of science which the libenility of General Williams is calculated to encourage. My attention was directed in the first place to ascertain whether the collections were in good order, and also whether there was much or any discrepancy between the present number of the speci- mens and the descriptive lists furnished by the donors and others. For this purpose, I made a careful examination of the contents of the various cases, and the result I will brietly atiilo, as follows : The Alumni collection of Silurian fossils, 1 found to agree with the numbers and descriptions furnished by Dr. Honeyman, from whom it was purchnsed. Of the Governors' collection of coal foesils there does not appear to have been any detailed .statement, it was made by Dr. How and consists of specimens of carboniferous fossils from the Ir'iydney and Joggins mines. Included in the ilovernors' collection is one of European rocks, which was purchased by tho Governors. The spe- cimens in it arc neatly labelled and conjplete ; not one being wanting. The Australian collection, which is a very interesting one, and iucludefs over one hundred specimens, is also perfect. The Almon collection is of u mixed churauter, and of considerable extent. The greater part of it is kept in a cabinet, but several specimens have been placed in tho cases ti» aid in more fully repre- senting some of the formations. It is stated by Professor Sumichrast that thirty-one of the specimens are wanting. Considering the character of many of the specimens and the fact of the distribution referred to, I did not deem it nocossa&y to soarcU for the missing momberaoftlio collection s , , -.■vice t-ffhcTtu ' T"7„;T.' I ^-iJ..'' »uct2 wi|f^° 7 «"," tae aira„„c,„e,,t of fi, n ""^ "ye^t it is ofmn, h i™ f "^ ™"cli teiit will perm/ . '( 'w, =""w'lion 8l,„u|,| i.^ ''' """^^ ™P|>rta„co that I Lave ,„„c(, plZ ""'""' "frocks and „,i„eT u '^P''™*"'"- from which tl.ey?:/™";f ""r"."' olaiiliT'd 'hi''l,;^''"r'»" '<"••''» fojmalion, the ront, ^^,^ collection of the l„,^L ^.•""'y«"in. in the ProV ej f r . '' '^'«* of the amWiT. '"'"''""' 'o tile .. A» at present ».„.„_.. ., "^ "' """""""" "f Dr. As at Di *^ oollectio, 'Kt.';s &-- «-^.."rSs irrr "'--*" is a work of ti" ^T't"'*" ^^^-'^FJ. The -w / ^' /'"^ ^"««'''^ of OeoIog-/of heT; "* ^ ''^^« "0 doubt thaMfn^''"'''»«"t of this -^ner countries amf.h""''^ frequently, bo Se w'h'" ''l? ^"''^'-'• realized. *"^* ^^^e gradual development f /, ^""^^^"rs in '*' "'*^' series be „ '^"^ « /ectur, r««t'on with hi ' eases and i,, |oro aro several "^ tiio classifi •««^"'« and min- ^•"-'\iri good , ''<^8- t'cted Of L^^o'^'^J- a„d '" ^e of much Pprtauee rhat 't'c aa ira ex- [■ '"eprosenta- iH^so respects *"t'ctio/)8 are whether as '8- to \ova -^■'^♦-'Went and '■'•e that fre- «'" (J'stjnct fnent in an '"ustrative ^irian rocks ^/^nej^rnan. ''«'• to the • as found • Of the -'■ carbon- ''*8t a not I '■e incom- 'J of Dr. 43 i On the other subjects to which I gave attention, viz , the rolleo- |on of plants and the philosophical apparatus, I have brii'tly to jniark that the former appeared to be in good order and to show no T^mptoms of neglect ; some are exhibited in cases and ollu>rs are pro- ;rved in the original sheets of paper in which they wore enclosed, Ind kept in drawers ; the latter io but in the (ionditiou in which such .ipparatus is apt to be when in regular use. 1 I have the honor to be, my Lord, T Your obedient servant. Jno. Ruthghfohu. |The Visitor of King's College, . Windsor. I to find S- Ti.e ' col/ec- •ssils of t»f this ^ '0 tlie 'Ui'afor tors in lea be 44 OPINION OF MR. JUSTICE WILKINS ON THE CON- STITUTION AND POWERS OF THE RECENT COURT OF ENQUIRY. The Board of Governors of King's College, of which I have the honor to be a member, on the lOth instant, passed the following resolution, viz : — " In consequence of doubts havinj; arisen as to whetlier the recent visitation 8t King's College was made under a commission from the Board of GovtrnorJ, or whether upon tlie Visitor's own authority. Mr. Justice Wilkins be requested lo communicate his opinion on this matter to the Board of Governors, and to stat* how the enquiry is affected thereby, and whether tiie Board can take action on the report of the Visitor." Mover — Professor Hin». Seconder— Dr. Almon. In order to discharge the dnty thus delegated to me, it is necessary that I should, first notice the purport of the resolutions of the 26th of April ; secondly, that I should consider the recent proceediM-rs of 1 is Lordship the Visitor at Windsor ; and thirdly, that I should re- view the conduct of Professor Suinichrast in relation to the charges preferred by him. The resolutions express on their face, as the leading motive that induced the Governors to adopt them, a desire felt by the Board to dispel doubts that might be disturbing the minds of friends of the Institution by reason of the depending charges against the President and the Professors of the College. They also shew — (the Associated Alumni having declined to comply with the request made to them by the Board, while they suggested the constitution of a court of enqairy that was not approved of) — that the ins*^ amentality of the Visitor in conducting the investigation was, in the opinion of the Governors, the only means available for the attainment of the object in relation to the public which was hoped to be accomplished. They shew who, in the opinion of the Board, should be associated with the Visitor as his Assessors. They, also, shew provisions studiously made by the Board to ensure — as they would have ensured — to Professor Sumichrast a full and fair investigation of his charges by the Visitor, in the presence of disinterested Assessors, whose posi- tions and characters guaranteed perfect impartiality in the conduct of the Presiding Judge (if that could be doubted), together with carefully considered arrangements for preparing a written record of every step in the proceedings and of every word of the evidence — a record to be made accessible to every interested inquirer. The contemplated evidence was not indeed, to be taken under oath, for |at emiUl 111 fcftHO** coer* • i-h was inj |ou\d \i'i^'^' , Suc\> vvii^l Jeeding of |o lip pi-' "^■' ^avlicvi\ar \)e V.oiue n| tWslunout tl»e Govovil of tUi: Unl the Ui«t ml I am i>t^ In »ii^>' Visitor 8< funct\«>i>« as a ■•on'^' tigation the inten Ai VViu*\ selectedi to tbe cl ;. though '[ lioav'lf llieAr e: The any ac debar, cUargv with \ sbowi » negat even exev t\ie 1 just' iugi furt sio^ flu< Lo fet w f 45 . ^E CON- \ENT have the |e toUowing h visitation st ■rorernor,, or I ""equested to I' and to state |ac;tion on the necessary >f the 26th eediriT-8 of ihonld re- ^e charges ^*^^e that ^^oard to 2« C'" the •"^resident ssociated to them court of y of the ' of the « ' object Thejr ^'th the die 118 J J ed^to ges by 9 poai- 'uduct f 'vith •rd of ace — The ^* for at could not be done in the existing state of the laws, nor by wit- SHOK coerced to attend if r(!hictant ; for compulsory attendance, as cti was impracticable, before tliis, or before any other tribunal that uld have been constituted for tlio purpijso. .Sucli was the constitution, aii«l sucli the de8ij>iied mode of pro- ediiig of the court belorn wliicli Professor .Suinichrast was invited appear, and substantiate the ciiarges against the President, the articular Professors impeached by him, and the Students; it must e borne in mind, also, that had they been substantiated, the esta- Iblishment of them would by necessary implication, have convicted the Governors, and the; Visitor of culpable remissness in not com- pelling the authorities subortiinated to them to observe the Statutes of the University — the very charge preferred by the accused against the last mentioned functionaries. 1 am next to examine the proceedings at Windsor. In substance, 1 liavo been asked whether, in my judgment, tin; Visitor 80 misapprehended (if he did ini8ap()rehend) the nature of the functions designed to be (jxercised by hiu), under the resolutions that, as a ':onsequenc(i of liis acting under such misapprehension, the inves- tigation committed tn him has tailed to be conducted according to the intention of the Hoard. Now the necessary inference from the language of the resolution is, that His Lordship was requested to sit at Windsor as Visitor^ because they slate that hi respect of hiu beiivj Kuch, he was selected by the Board ; but they also show that Iw was selected in order that he might perform the office of Visitor relatively to the charges in question. His ordinary i'nnctions in that capacity, though of course they could not be superseded by any act of the Boanl, were properly understood to be modilieil as to the subjects of their exercise by the language of the resolution. The point of my inquiry then is, whether any step was taken, or any act done by the Visitor, which debarred, or had a tendency to debar. Professor Sumichrast from freely and fully submitting his charges, at the time and places appointed therelor, in accordance with the resolutions. A reference to the record of tlie proceedings shows demonstratively that this question must be answered in the negative. If this cnclusion be correct, it is immaterial what view th^ Visitor entertained of the authority under which he acted ; for, even supposing him to have erroneously considered himself to be exercising his functions independently of any authority derived from the resolutions, — a view clearly entertained by his Lordship, and as justly, it must be atlmitted, — still, if on the threshold of his proceed- ings, he was prevented by Professor Sumichrast from acting at all in furtherance of the objects indicated by the hoard, such misapprehen- sion about the source of his powers would have been without any in- fluence upon the investigation contemplated by the resolutions His Lordship did not act directly in any capacity in the matter of Pro- fessor Sumichrast's charges, because that gentleman by a solemn- written instrument, protested in limine against his Lordship acting in that matter at all. 46 Having compared the notes of the Reporter, Mr. Harrinj^ton. with lho8e of the Clerk, Mr. Maynard Bowman, I find them in harmonj as to the following extracts from the proceedings in the College Hall made from the former : — fixn May. 187'J *• [lis Lordship, the Bishop, as Visitor, stnU'd that tliP object of the inquiry vfnf a tliorounh anil indeprndent investigation into the v'^neral state of the Coliei^e; that lie would not l)e confined to the limit of the ciiart^es preferred by Professor Suniichrust, hut would go fully and independently into all the <,liarifes ajjuinst the College; that he had nominated the honorable the Attorney General, tnc Her. John Storrs. M. H. Kichey, and John Rutherford, Ksqrs., as Assessors. The resolutions of the Governors of the (College, rccjuesting tiie Visitor to liold this inquiry, without acknowledging the authority of the Accuser to require it, but for the purpose of jjlacing before the Government and the public the true stati' of tlie Institution, were read. Mr. Suniichrast was then called on by his Lordship to declare whether he was now prepared to otter evidence with reference to any clcirges against the College. and whether he had prepared such charges in any definite form. Mr. Suuichrast replied that he was prepared with a protest agRinst the jurisdiction of the t^ourt. which, by permission, he read." It is certain, then, that this protest was prepared, not in conse- quence of anything that occurred on the day when it was thus pre- sented, but antecedently, and on the 1st of May, 1872, when it l)ear8 date. It therefore shows conclusively that Professor Sumichrast pre- sented himself before the Visitor with a predetermined purpose not t(. subtnit fi>r inquiry by him and his Assessots any of the charges that he had preferred against th(; College authorities. It appears from the notes referred to, that, after he entered his protest, the Visitor proceeded in the exercise of his ordinary juris- diction under tlio College statute, (evidently, however, keeping in view the charges in question.) to investigate all complaints that were, or might be, brouglit l)efore him, against any of those who were subjected to this authority. It occurs to me to remark, in this couiiecti n, that in my opinion, while to have subjected Mr. Suini- ehrast, qua Professor, to the Visitor's compulsory jurisdiction, would have been, in view of the resolutions, most objectionable, if he had not protested, or before he had an opportunity of protesting, against the authority of the Visitors to inquire into the charges preferred by him — there was lujt oidy no (jbjectiou after the protest, but it then be- came the Visitor's plain duty to require Mr. Sumichrast, as I'rofessor, to itnswer any charges that n)iglit he made against him, or any ques- tions that might be put to him respecting his conduct as such, or to teetiiy as a wiiness, if cited by the V^isitor for that purpose. A third branch of my inquiry respects the conduct of Mr. Sumi- chrast in relation to these charges. Reviewing that, 1 find it impossible to believe him sincere in the desire professed by him for an investigation. Any person can, at pleasure, cast a cloud over the reputation of this or any other Academical Institution, by iiie mere act of publishing defamatory statements to its prejudice If the man who does this declines, when afforded a fair and reasonable opportunity of provingthe imputation, to avail himself of that opportunity, then it follows (the scandal gen- ' 41 I cralod l>y tli(^ cluirpcR (iopt'iifliiif; nololy on the authority of the shiiT (liTor) that th« iiistitiition thus dinparajfod retains, of right, the reputation it had (Mijoyod hcforo it was calumniated. The (jiH'stion of tliis gcnth'man's good faith in professing a desire to have the ciiarges inquireil into shall be tried by facts and state- .iionts furnished by himself His letter (»f the 24th February sliowt» nnniistukeably that, witri the sole exception of the alleged miscon- duct ol the Stutlents o»«^ of OidU'de, respecting which several witnesses were examined before the Visitor, in regard to nnueof iv/inm was there nttu (li^<-uU]i c.rperienocil (V? procuring their attendance, the whole evidence that he could possibly re(iuire was (because he therein states su?h to bo the fact) before the Governors, and therefore, would have been accessil)l(' to him on the day of an enquiry held before aJi\' (^>lMt lliat might be convened at the College to investiiiiate the mat- tors «)f his impeachment. Hoar him on this point : He says, in the last paragra|)h but one of his letter. " And again, let me recall to your Hoard that the irritti'n official proofs of all I have stated as tt; the ('ollcgr are in the very room where you (the Governors) are reading this letter." Compulsory attemlance of non-Academical witnesses he knew, when he made his charges, he could Jiot com- mandbefort' any court of inquirv Agaii!, as to inierences touching his sincerity of purpose to be drawn from the consistency, or inconsistency, of this gentletnan's conduct, he shall furnish proofs from his own pen. We have seen that at li'asi the main body of his evidence, that on which he ndied when h<> publish(>d his letter, was at his command. We have seen that moral influene»'s only could be brought to operate on individuals outside the College, to induce them to appear before any court within its walls. A Colleg(i statute shows, as he well knew, that the Visitoi could eommai>d (and he shewed himself ready to command) all members of the university to appear befoie him that Mr. Sumi- clirast might require. The reporter's notes show that many witnesses not lu-longing to the University did appear voluntarily, ami wen^ examined i'he Kev. Mr Sterns only (of the nature of whose expected testimony no information was given to the Visitor) of all persons pietended to be material did not appear. Mr. Sumi- < 'irist diil not comnitmicjite with the Visitor the name of any one witness wlios(» attendame he desired, or who had refused to attend And yet, in the 2d pafagrapli of Ids protest, he says, "That, although willing to luy ntj' case, even in the mutilated form resolved on by your Board, before the Visitor, 1 am unable to do so," — Why!' Hear liim : — "'on accnunt »d' the ndusal of several important witnesses to appear and give evidence before the Court now appointed by youi Hoard.'" Who were tlmsc persons, and to what material iacts were th(?3' preparcil to testify;' VV^ho, in view of the circumstanci.'s tiiat mark the case, believe in the existence of such? We learn from the reporter's notes that Professor Hind and the Rev. Mr. Maymard. after publicly announcing that they would not attend, did attend and were examined on the occasion of the visitation. They were 4B proaniit, propared to testify to aiij point respfctin^ flic cliargoi*, toncliiiifit which tlip accuser ruigfiit desire to iiitf'iroj^ate them. It remains for me to answer the Isist (jnestiori suhmittcd to mo l)y the Hoard, viz : " How the inr{:(!ire with pleasure, also, that on that occasion the President, the i^rofessors, ( Mr. Sumichrast included), Professor Hind and the Rev Mr Mayfiard, all gave evidence. Professor Hind examining some of th(> witnesses. This cotiatitutional exercise of the Visitor's authority was most opportune, and the Board will, I apprehend, await a report of the results of it with deep interest. All which I have the honor to submit, L. M. WiLKINS. Euli/ac, May 14, 1872. EVIDENCE. Court of Investigation held by the Vi^fitor of King's College this 6/A day of May, A I). 1872.» His Lordship the Bishop, as Visitor as aforesaid, stated that the object of this iriquiry was to make a thorough and independent iiires- tigation into the general state of the College ; that he would not be confined to the limit of the charges preferred by Professor Sumi- chrast, but would go fully and independently into all the charges against the College ; that he had nominated the Hon. Attorney Gen- eral, Uev. John Storrs, M. H. Richey and John Rutherford, Esqrs., as Assessors, and while by a longer delay a greater number of per- sons suggested as Assessors would probably have attended, yet he had deemed it more fitting that this investigation should be held as- soon as possible. The resolution of the Governors of the College requesting the Visi- tor to hold ihici enquiry, without acknowledging the authority of the accuser to require it ; but for the purpose of placing before the Gov- ernment and the public the true state of the institution, was read Mr. Sumichrast was then called upon by his Lordship to declare wh( ther he was now prepared to offer any evidence with reference to any charges against the College ; and whether he had prepared such charges iu any definite form. Mr. Sumichrast replied that he was prepared with a protest [A] against the jurisdiction of the Court, which, by permission, he read. At the conclusion of the protest, Mr. Sumichrast declared his de- termination to withdraw from the Court His Lordship e\pres8ed his desire that Mr. Sumichrast should remain to hear the determination * The capital letters inserted ia the body of this evidence refer to documents in the Appendix similarly lettered. 4 BB of the Court upon his protest, which, he said, appeared to be no more than his duty, since the Court had fully listened to the protest. His Lordship went on to say that while the resolution of the Gov- ernors suggested the calling of this Court, yet he had declared it to be entirely and exclusively his own Court, called at his own pleasure and entirely under his authority as Visitor of the College. In proof of this fact, he mentioned the circumstance that he had not merely complied with the request of the Governors in the appointment of Assessors, having appointed one — Mr. Rutherford — not nominated by them. He fully and entirely disclaimed all subordination to the Governors, declaring the court to be entirely his own, and indepen- dent. His Lordship declared his willingness and determination to examine Mr. Sumichrast with reference to his charges. At the conclusion of his Lordship's remarks, Mr. Sumichrast de- clared that, having read his protest, he declined to be examined. His Lordship then called upon Mr. Sumichrast, as a Professor of the College, to be examined under the Statute. Mr. Sumichrast '•'^- plied, " I refuse to be examined.'' Mr. S. then withdrew from t..er colleges there is egress only by one door, and a register kept of all who go out and in. Professor Hensley read a letter to the Bishop, written after the elec- tion of last year, stating that the student who had been drunk was punished. Dr. Fraser said the general conduct of the students was very good. He had never seen one drunk. Hare been in Windsor fifty years. The last five years would compare most favorably with the past thirty years. They are not to be compared. Mr. Maynard Bowman said he had been about Windsor a good deal. Have not known the students to be drunk. Have heard of the diunk- enness on election day. Did not hear of students " reeling and curs- ing through the streets." The disturbances on election day and Good Friday were all I heard of. Have never known riotous conduct and gambling to prevail here. The students have generally had a good reputation. There was only one Board of Discipline during my lime at College. It was about a late tea-party. Resided at College, and was in a position to know their habits. In my opinion, the conduct of the students was extremely good. The saying was, that " whatever a student was when he entered, he went out a gentleman," Mr. Charles Bowman, senr., said that during all his experience of the students, he had been always happy to see them at his house, which he would not have been if their conduct had not been good. As far as be was able to learn, whenever a student had been guilty of miscon- duct, he had been punished, and in some cases very severely. He had always observed a very judicious system in dealing with delinquent students. He had noticed a paternal authority, and in all cases there was either a reformation or an expulsion. Prof. Hensley then read a petition from some of the inhabitants of Windsor to the Board of Dis- cipline, praying for the remission of the punishment of a student. Mr. William Shaw has known the College for six years — Have never known a time when it could be said *' drunkenness riotous conduct &c., prevailed." The students have been constantly in my store — I have never known of cursing and swearing. Sometimes I have known them the worse of liquor. They were making no noise. Tliey were not entirely drunk. They were a little uusteady. Never heard them cursing and swearing. Do not believe such a thing. Mr. Dodwell said that the sentence in Prof. Sumichrast's letter re- ferring to " drunkenness " was a gross exaggeration. Have known nothing more than I have known in other Universities. Heard of the disturbance of election day ; never heard of their swearing. One of those who was then drunk has since been removed. i i, 55 Have never had reason to believe that boys who have gone from my school to the College have had their morals contaminated. Dr. Fulierton suid he left the OoUcgo about three years ago. Was here in 1867 and '68. I think the student whom it was necessary to deal with severely ^tood alone. Most decidedly it could not be said that the evils spoken of have *' prevailed '* in the College. I do not think the students were in the hal)it of being out late at night. Never saw any intoxication whilst I was at College. The information I ac- quired here was of decided benefit to me in New York. The conduct of the students compares very favorably with those in New York. Mr. Chandler said — I have known the students for sis years. In- stead of being intemperate I l^elieve thorn to be quite the reverse. I recollect the election day. Though one or two students were rather elated, I never heard them use bad language, I saw one of the two again in the evening. In the evening I was with him about an hour. He showed me a telegram. lie was then perfectly sober. His Lordship asked Mr. Hind and Mr. Maynard if they could sug gest any persons whom tl\ey thought would bo likely to make different statements. They said they could not. Mr. Hind then read a letter from himself and Mr. Maynard dated June oth, 1871, complaining of depredations by the students. [H.] He believed that the impression was that the students had screwed up Col. Poyntz' door because he \\m\ informed the authorities about the Easter Sunday disturlianee. Mr. Dodwell said that he had carefully examined the door of Col. Poyntz and was firmly of the oi»inlon that the sciew had not been put in hy an amateur hand. The Bishop t?ien read a report of Professors Hensley and Ho w, and Mr. Boyd whom he had requested to examine the walls of the buildings and report all objoclionable phrases. [I.] The report stated that the worst of these phrases was located quite near the door of Prof. Sumichrast's room, had remained theic for upwards of a year and had never been effaced. All »)f them any way objectionable had been copied — none of them were blasphemous. Professor Oram said that while the building was covered with writ- ings, he had not discovered a single remark which could be called scur- rilous or blasphemous. Professor Ilensley stated that several clergymen, including two gen- tlemen from Cambridge, had lately visited the College in vacation time, and expressed their entire pleasure at the arrangement and gen- eral ciiaracter of the building, — statements wholly at variance with the impression attempted to be conveyed by the letter of Professor Sumi- chrast. Also that Professor S, himself had, on his arrival, expressed his entire satisfaction therewith. The Bishop then called upon the President to explain the charge made against him of embezzlement with reference to the McCawley Prize Fund. That gentleman then read the following letter, which he had some time ago addressed to Mr. respecting that fund. [J.J The Bishop believed the explanation to be quite correct, and read the following extract from a statement made by himself to the Board of Governors respecting it. [K.] Mr. Hind, being called upon, read a report of a meeting of the Alumni in 1847, from which it appeared that Dr. McCawley had prom- ised to give £100 stg. towards a fund then being raised. His Lordship asked if any one could suggest the cause of the small number of students at present. Professor Hensley said that the number had varied at different times from thirteen up to fifty. He thought the falling off among the Divinity students was largely owing to the fact that the small remu- neration in the clerical profession deterred parents from sending their sons for instruction in that profession. He also believed that the opening of Dalbousie College, and the establishment of the Medical Faculty there, had told against tlie College. He believed that the abolition of the necessity of residence during the whole year at, the College would work beneficially, and said that be had now applications from three Divinity students proposing to enter next full. Mr. Dodwell expressed the opinion that the falling off of the College from time to time was largely owing to the closing of the school at those times. He said that with no school there would be no nursery for the College, and strongly expressed the belief that a .school of a hun- dred could be established here. The Visitor asked Mr. Hind if he could give any explanation of the falling off in numbers beyond what had already been staled ; and he said that he could not. Mr. Maynard was asked whether from his own knowledge, or from conversations with his brothers in the ministry, or from other perscwis, be could state any probable reason for the decrease. He said that he was unable to do so. Court here adjourned at 6 P. M., to meet at 9 A. M. to-morrow. Tuesday, 1th day of May, being the second day oj the sitting of the Gotirt of His Lordship the Bishop of Nova Scotia, as Visitor of King's College. His Lordship asked the President if the jEIOO stg., given to the S. P. G. was the same he had promised on Alumni list of 1857, He said certainly, I know no other. All the proceeds of this fund have been religiously appropriated in some way for the benefit of the Col- lege. I gave the fund into the hand of Bishop Inglis with tlie under- standing that if in any year there should be no candidate of bulficient merit that he (Dr. McC.) should appropriate the proceeds to the College, according to my own judgment. In every year in which there were Hebrew scholars sufficiently advanced to deserve the money, they received it. There were some years in which there were none. The President refers to the letter handed to the court by him yes- terday, as stating the special nature of the trust to the 8. P. G Mr. Richey asked if there were any person present who could point ' ♦ i I tt tl n w 6T the Board ig of the had prom- tlie small different imong the a ill I reiDU- iing their that the t Medical tliat the ar at the |)lications e College school at irscry for )f a hun- on of the ; and he , or from persons, i that be •row. 9 of the ^isitor of I to Ihc i7. He ind have the Col- s under- lUffloient to the ficiently ■e some lira yes- Id point to the official record referred to by Profesvsor Sumichrast as proving that the fund waa not to be at the President's disposal in Uu> oveul of no student meriting it ; or whether the subscription \h\, read in court was to be considered as such record. Mr. Hind said the only evidence he knew of was the correspondence between different gentlemen ; which correspondence bail been referred to by the President. Mr. Maynard said that, as Governors, neither he nor IVof. Hind knew of any other documents than the list referrcecn regularly audited and handed in to tho Governors at end of academi- cal year. Was not aware until this morning that Steward had been in habit of dealing with merchants at Halifax. In September last, understanding that Steward was becoming insolvent, I inforuu'd Gov- ernors to that effect. They inlormed me that if Steward could not assure me of his ability to proceed, ho was to be dismissed. He could not assure me and he was (lismivssed. Was not aware that it was mj duty to inform Halifax merchants of his approaching insolvency had I known of his dealings with them. Ilia Lordship then interrogated the President as to tho charge of his having " secured the coming to him of all money paid to Steward by students for several months in advance, while the President was aware of that officer beitig several thousand dollars in debt." He said — 1 was not aware of the Steward being several thousand dollars in debt. To what extent he was in debt 1 am not now aware. I advanced him monies with the hope of keeping his heatl above water. At the time I aiivanced the money to Steward 1 received tho order from him on the Bursar. The Steward Zappernick was called — I have been Steward 2 years ; found no difficulty at first. At end of first year found myself pretty well clear of debt. My debts wore not heavy and my credit was good. Shortly after Prof. Kumichrast's arrival I began to get into diflloul- ties, — I provided for large parties for Prof. Snmiohrast. Prof. S. always represented to me that he expected money from home. On this re{>resentation I furnished him with these stippliea. Ho made mc his general agent. 1 purchased everything for him even postage stamps. This continued tor three months. At the end of that time I applied to him for payment — my account thou amounted to $178. All my creditors had agreed to take my debts in small sums. My assets were once $2,500, and were sold for $800. Other parties friends of S., went enquiring about and destroyed my oretUt. Had it not been for these inquiries I believe I could have maintained my credit. If I had the above sum Si 78 in ready money I would have been able to have quieted the more urgent, $100 have since been paid as 1 be- lieve by hira to ray creditors. At the time of my leaving Proft-ssor Sumichrast owed me $253.46. He never disputed the account. He never objected to any of the details. From October to June, inclusive — an academical year, about 900 gallons of beer were purchased. 01 this amount Prof, S. consumed about 100. /Vbout 120 gals, of this amount soured. The ale was supplied to Professors, students and ray own servants and household. My servants were allowed nearly as much as they wanted I borrowed money from Dr, McCawley. I led the Doctor to believe the amount I was borrowing would be sufflcient to re'ieve me. I promised hira at that time that if I could not get the money otherwise, I would pay him by at. order on the Bursar. Obtained the money fi'ora President dome time last June. Wlitn I ilrst experienced difflcnlty in paying my debts at the time the .ibove $118 were due, my assets were $2,500. During my t(rn of (;fnce I was very seldo.n troubled by the students. Tlioy never damaged my property nor committed any mischit'f. — Compared with other Colleges in Germany, this is a very quit-t place. Have not noticed much drunkenness, I saw one student tho worse of liquor on election day. At the commencement of one term they played tricks on freshmen. Do not think eouiinued — none of my creditors have ever troubled me — my property was sold under bill of sale. Independently of that ray creditors seem willing to wail. Mr. Hind asked his Lordship to refer to a letter from the Steward asking for increase of alary, dated May 18th, 1871. fTjCtter not at present found.) I*ir. H. proceeded. — I was spoken to by several tradespeople of Windsor as to the best means of procuring payment from Steward. Learned Z. was dealing with C & VV, Anderson, Halifax. Found, on inquiry, his bill there amounted to over $300. UndtMSlood these goods were transferred in three different cases, viz. : ten, seven and three barrels of flour to parties in Windsor in satisfaction of their claims, Currie and Shand informed me of Bills of Sale held by parties on property of Steward. Debts, $3,999. S4 ; bill for Beer, $310; total, $4315.84. As result of this enquiry, a report was made by the Board. Report read. As soon as this became known, steps v-ere taken for removal of Steward. Professor Hensley says — At the time i accepted Steward's orders I knew nothing of his debts. Mr. Hind asks Mr. Zappernich how ho accounts for the difference of his opinion with reference to the students, as expressed to-day, with the statement made formerly, as to their conduct and practical jokej. Z. replies — Mr. Mayna d sent mo a note to come to his house He then asked did not the students do such and such things? I .*nswered, yes they did, and they cost me a good deal, but I did not rep'-esent it to the Board. Once or twice I became offended by this conduct, and 59 complained to the Board, and represented that it should not be re- peated. The I'resident Siiys he does not remember any complaints being for- mally made to him. I only heard of some tricks played in the dining- hall. Vice-President says — No formal complaint wa8 made to me. Some- thing was said in conversation. , Z. says — I remember three or four times practical jokes being at- tempted on my servants. Professor Siimichrast was notified that the Visitor and Assessors would proceed to examine his conduct as Professor and Librarian, and required \o attend. He appeared accordingly at noon. His Lordship asks Prof. Suraichrast whether the statement of Steward that Prof. S. had owed him $178, and was unable to pay, was true. Prof. S. says- -It is true. I owed the money, and was unable to pay it. I employed him to purchase almost everything for me. I represented to Steward that I expected money for work I had done in Jingland. If I had drunk, together witli Prof. Hunter, one hundred gallons of ale, I would not be here alive to answer these questions. Steward had only charged him for 20 gals. His Lordship asks Prof. S. how it came that he set such a bad example to the Students by living so much above his means. Prof. S. asked his Lordship whether he was now exercising his office of Visitor under commission of Governors or under the Statute. Ixis Lordship replied that his knowledge of the manner of exercising the functions of Visitor at home was that it was done generally at the suggestion of some other. That this inquiry had been suggested by the Governors, but that he had called the court of his own authority, on his own responsibility, and wholly independently of any inter- ference on the part of the Governors or any others. Prof. S. resumed that he believed when he made would have been afforded time. He affirmed that such facilities had not been afforded liim as he deemed uecessary ; and expressed his conviction that his foreign origin and his youth had militated against him, by cr«(aling a prejudice which seriously obstructed his proceedings. Prof. S. then read certain documents. (^These papers consist of his application to President for permission to inspect instrumeuLs and questions sent to Secretary. He com- plained that he is not to be allowed counsel and that he would be called upon to stand alone against a large body of men, furnished with every facility, possessed of every document, and holding every power in llicir hands for the prosecution of this cause. He had supposed that this examination bad been held to investigate charges made by himself and expressed surprise that he should be called upon to answer charges against himself. Having referred to some parties as being bound by an oath, his Lordship asks him to what he refers, when he speaks of persona having violated an oath. [p. 4 of his letter]. these charges he m Prof. S. replies that the old statutes of the College require all Col- lege authorities to take an oath, and that at least one of the ofllccrs of the College was bound by that oath. The Visitor observed titat the statutes having been altered and the oath abrogated, they who had taken it were released from its obligation. The Visitor stated that the parties accu$-ed could not be expected to assi.tt Mr. S. to make out his case, and that no ont; could suppose that Mr. S, had printed u sentence of such serious char gcs without having previously obtained full evidence of their truth. Mr. S. said that he wanted collateral evidence. The Visitor expressed his wish that Mr. S. should have every facility, and it' application had been made to himself he would have afforded the desired opportunity. He had summoned Messrs. Maynard and Ambrose to attend and would have summoned any other desired witnesses within his jurisdiction. He was intending to inspect the building, library and instruments, with his Assessors, and would be happy if Mr. S. would accompany them. Mr. S thanked his Lordship, and expressed himself quite satisSed on these points. The Visitor then asked Mr. S. with reference to his remarks on find- ing that hu was to be examined, whelher he could really have supposed that, havng insiiued upon the necessity of a full and thorough investi- gation, he would be made an exception, and would be overlooked in the inquiry. Mr. S. asks if he might be allowed to give his evidence under pro- test. He is informed that bis protest will be noted, but cannot be recognized by the Court, which hold it to be his absolute duty to be present in obedience to summans. In answer to question whether he will be permitted to cross-examine witnesses, he is told that any ques- tion he may desire to ask will be put through the Court. Some documents were here handed in by Prof. S. [Z.] His Lordship asks Professor S. if it be true that on his arrival at the College he set to the students the bad example of living beyond his income. Prof. S. replies —Believing my income to be £300 a year, I furnished my rooms elegantly, and lived accordingly. 1 never applied for pupils in Windsor. I understood the pupils we expected were not from the town, but private pupils from th< University. I expected to find a large number of students. Mr. Gallenga told me expressly that there would be very few lectures to deliver, and that about six hours a week would be sufficient for College and Collegiate school. I have known other Universities containing a larger number of students than this in which that amount of time would be sufficient. The statement made to roe was of what wus done twenty-seven years ago, but I did not then know that it was so. I understood that Mr. Gallenga had only lately come from Nova Scotia. This was the inference I drew from bis conversation. I was simply engaged to give instructions in French and German. My reason for living beyond my income was that I fan- cied my income would have been much larger. I thought this by reason of the above misunderstandiDg. fl The Prosldent reads an extract from a letter of Mr. Gnllcncrfl, stating that ho believed Profpssor Sumuhrast had more work than he f Mr. G,) ha(i supposed, hy reason of his being obliged to " lecture on English Lileralurc, and, if my memory serves me right, the Classics." Prof. S. reads n copy of a letter from himself to Mr. Gallenja. [L.] [Lt'tter dated King's College University, 22nd March, 1871.] Mr. (iiillenga stated he htid informed Prof. S. that he would receive no fees at college from his duties there hut for pupils outside. Pro'cssor S. says — This fact is not borne out by my recollection. This occurred about eighteen months ago. Since I found out what would be ray real salary, I have tried to live within my means. I have generally (jccupied from I to 3 o'clock each day in giving my lectures. His Lordship says — You stated that some students hail not attended your lectures with the punctuality they should. The students state that they have frequently attended the lectures and you were absent and generally unpunctual. Will you explain this ? Prof. S. says he did not attend the meeting of March 21, 1872, called to investigate this matter, because he thought it would be un- pleasant for the President to sit at the same Board with him after he iiad written his letter. Minutes of that meeting read. [M] Prof. 8. says— I do not see any proof of the statements. I empha- tically deny five times I was five or ten minutes late. Prof. S. proceeds to invalidate the testimony of Mr. Peters, who made the charge, by stating teat the conduct of that gentleman could not lie said to be exemplary. That on very many occasions* that .^entleraan was absent from his lectures, and so habitually so, that ilicre was one day which he (Mr S.) called " Mr Peters' day," by reason of that gentleman being always absent on that day. Prof. S. next referred to the fact that those who had given testi- mony against him with regard to his unpunctuality, were the same who had been implicated in the Easter Sunday disturbance} with one exception. He said that these gentlemen had not apologized as required by the court, and desired that these facts should weaker the force of the testimony. His Lordship then called upon the Vice President to repeat a state- ment made yesterday ♦vO the eflfect that Prof. S. had staled to several of the students that he would not take an> part in the discipline of the College, and that be would give students timely warning of bia approach by the ringing of bis bell. Mr. Peters is called to corroborate the above statement. He says he recollects being in the Professor's room on one occasion when the Professor produced a bell which he said be would ring when approach- ing the student's rooms, and said also, that he bad no intention of becoming a member of a detective force. Professor also said be had been requested to act as Proctor, which be had refused to do. (Letters, read by His Lordship, between Professors and Governors, December 12, 1870, January 23. 1871, March 9, 1871.; [N.] 62 Prof. S. asks Mr. Pctern whether the statement referred to by hfm was made offlciully or sociiilly In his room. Mr. l^eters replies the statement wtis made by Professor in Profes- sor's room, when arrangements were being made (or a riding piirty* He was certain Mr. Johnston was present. He thinks also Mr. War- bnrlon. Prof. S. nsks Prof. Ilensley whether any remarks made at this time were made by wa> of a jolie or serlonsly. Prof. 11. says lie vJoes not think it was a joke, but could only be in his character of IVofeasor. Piof. S. asks Prof. Mow whether Prof. S.'s remarks as lo discipline were lightly in joke or spoken of in the high muiner now ailii(h'(l to. IVuf. H. replies that he remembers occasioiial joking about the matter among the Professors. I have endeavored lo do my part in maintaining discipline. I have displayed througlfout a strong detcrminalicjn not to allow disre!*pect to the Professors. His Lordship asks Professor S. if the statement that he ha(i negk'Cteil at the commencement of the term the requirements of Chap, 7, S. 1, providing for the discipline and regulations of the College, was true. Pr«jf. S. replies — Did not send in any list because I was treated as being separate from the College. 1 appointed for my hours from 9 to 10 and 10 to 11, in subslilution for the hours of 1 to 3 o'clock, without any communication with ilic President. Prof. S. reads a letter from th , President refusing to change his hours. I did not consult the President us to this change in hours. I put up A notice to the etfect that students would be exempt from attending any lecluri'S until after the investigation. This was on the 1 0th April. The resolution of Governors was passed on April 8th, to the effect that the attendance of students would be voluntary. His Lordship states that the President having hoard that many students would object to attending Professtjr S.'s lectures, he took the atlvice of tlie Hoard. They passed a resolution to the effect that the compulsion in attending the lectures should be removed, but did not intend it to be published to students. Prof. S.— 1 put up the notice without official instruction from Gov- ernors. President says that he did not instruct nor inform the stuilents they need not attend the lectures, but on the contrary requested them to do so. Prof. S. says he had been informed by the students and others that, as a bcdy, they would not attend, with one or two exceptions. To my great astonishment and great [jleasure the students, notwithstand- ing this notice, with one or two exceptions, have attended my lectures with great regularity and done very well. With reference to the Library, His Lordship refers Prof. S. to page d3 of the rules and asks Prof. S. what his hours of attendance were. 63 Prof. S. refers to the visiintioii of last year, in which Ills Lonlsiiip ruled that above rule would be HufHeiently coni[)lie(l wiih it present when required. Tlie students knew that wlienever lliey a|)|)lied to luo 1 wuH willing to attend. His Lordship stated Unit he litul never meant to hold that the Librarian should l)e liable to be called U|)on at any hour ol the day ; bui that he should make arrangements to l)e Iherf at a certain time each day. Prof. S. — Am not aware that students account (or their not using the books as they would by my beinj^ frequently out of the way. President refers to page 54 Calendar, providing lliat Librarian shall be |)resent bejween 12 and 4 o'cl'.ick on Saturday. Professor Hensley refers to Prof. S.'s statement that the Board have not afforded hira facilities in this investigation, by slating that they had not afforded hirn access to those rooujs, becau.se he had stated in his printed letter that the proofs of all he had said were under the control of the Governors. Ills Lorlsliip asked Prof. S. wiiat reason he had for staling that Dr. Curren hail passed U[)on examination |)apers in German without having seen them. Prof. S. replies that Dr. Curren had stated that he could not examine in German as he did not understand the language, and that he had not examined the papers of 1870. He did not make a dirstinc- tion between setting the papers and examining them. Letter from Dr. Curren |)Ut in and read. | 0.] 1 still maintain that Dr. Curren told me he had not examined the papers. ('Letter from Dr. Curren published in Calendar of 1870.) [P.] Professor Hind says he had heard Dr. Curren say he had not set the German papers, and felt himself inconipelent to do so. He took the particular paper, (the German examination paper of 1870,) asked him if he had examined the paper. He replied he had examined the French but not Ihi! German. Mr. Maynard says he is quite clear Dr. Curren said he had not examined the pa[)erH ; he did not say lie had not seen them. Letter from Dr. C. put in (Letter). Presi. [Q.] . , , Kxamined by Prof. Sumichrast. • ' 64 lil for taking stock of 1 did not pretend to arrange the shells not being a conchologist. — The plants were never used for purpose of class illustration. They were put away in the best way the circumstances admitted. (Another part of same letter put in evidence). The reason for many of these specimens not being displayed as they ought to have been, was simply want of space. I purposely and advisedly liad the specimens in my lecture room, as well for the benefit of the pupils as mystslf. If I had not had them in my own room, it would have been nocessary for me to have taken a number of specimens from their place of location to the room. Examined by Prof. Sumichrast. Those of the specimens on the window sills and other exposed places may have been covered with dust and dirt. Many of the specimens were not properly arranged because I had not room to distribute tliem. At that lime many of my own specimens were used for class illustra- tion. There are some specimens in Prof, Oram's room. I have suffi- cient confidence in my brother Professor to believe he would not injure any of my specimens. Prof. S. says — I did n^t receive the facilities these specimens, 1 would nave wished. Prof. How says, that whdc Prof. Sumichrast was not a geological scholar, yet he gave him the keys of the collections, in order that it might not be thought he was afraid of inquiry. With reference to the charge that 31 specimens were wanting from our collection, the Visitor inquired how it was that no communication bad been made at the time to Prof. How when he might have explained or shown that the specimens were not recognized owing to loss of labels. Prof. How handed in a letter from S., threatening to make disclo- sures concerning him in Sept., 1871, if he (How) interposed between bim and his creditors. [R.] The supposition of this interference being however erroneous, nothing more was heard of these disclosures until March, 1872. The Visitor expressed much surprise that Prof. S. had been em- ployed to take stock of the geological department. S. reads charges against Prof. H , of having retained for himself specimens given for College. It appears this printed extract was from a letter of Mr. Sweet of Winckworth, in answer to a letter addressed to him and others by Prof. S. Mr. Sweet's letter put in. [S.] Explanation given by Prof. H. in letter of March last, put in as before mentioned . He asked for them without any reference to the College, having been discovered by himself, and not known by Mr. Sweet to be worth preserving. Mr. S. may have supposed some would be given when they were sent. Prof. How asks i( there are any specimens at present in the Mu' seum sent by gentlemen, and which at the time of Prof • S's complaint were not there . * 4 ologist.— m. They 3(1 as they } room, as (\ thera in e taken a m. (sed places specimt-ns bnte them. ss illustra- have suffl- not injure ig stock of geological der that it nting from munication ! explained to loss of ake disclo* ed between re nee being isures until d been era- ids charges IS given for r. Sweet of J others by t, put in as enc3 to the mi by Mr. )osed some in the Mu- s complaint i • Prof. S. says he cannot say there are. Prof. How says he has received several specimens for which he had previously asked. I consider I iisked Mr. Sweet for specimens to do as I pleased with them. Prof. S. thought I was receiving them for the College. Mr. Shaw says he remembers going to Mr. Sweet with Dr. How. On leaving quarries Dr. How said to Mr. Sweet, if you meet with such and such specimens, send them to me. Mr. Sweet said it was to his interest that these specimens should be found on his premises. Mr. Sweet has sent only a few specimens of which some have turn- ed out to be worthless. Letter from Prof. Sumichrast put in evidence. [Letter]. I have sold many specimens. Those I sold were my own. Mr. Rutherford says that in collections where there are many dupli- cates, it is customary for the Curator to make exchanges. Prof. How says he considers the present arrangement more advan- tageous for exhibiting the specimens and for class illustration. Enquiry concerning state of instruments — Dr. How asked Mr. Hiltz — Did you see instruments for shewing S. Gravity of Solids and Liquids? Have you s*»en the air-pump used — any instruments with it ? Guinea and feather, air necessary for sound ? Magdeburgh Hemispheres, mercury penetrating woods — did these expeiiments succeed ? None of them failed entirely, and some pretty successful. The air pump did not work properly. Illustrating heat conduction bars and Syringe experiment succeeded. Polariscope succeeded ; Electrical and Galvanic apparatus succeeded. Did you see any chemical apparatus ? Yes, I saw several in good order. Prof. Oram's report mentioned, (mathematical apparatus.) Prof. Hind called by Prof. Sumichrast. — Report was made for the Governors by Professor Hunter on state of instruments. Handed in and marked. Prof. Hind asked if he had seen apparatus in old Library ; said they were in great disorder owing to crowded state of room. Present con- dition good, owing to skill an .1 care of Prof. Oram. Letter from Prof. Hind, Aug. 14, 1811, handed in and marked. Prof. Sumichrast modifies his statement, so as to read that many, not most, pieces of apparatus are in bad state. Prof. Hind allows that mechanical powers are good, and some other physical apparatus sutlicient for practical illustration. Prof. Oram asked by Prof. S. — " In what state were instruments on bis arrival?" Chaos. Could not find apparatus nor its parts. Did he mend any, and what, apparatus? Mended Transit and Solar Micro- scope. Docs he think apparatus fit for use when be came? Statics, Dynamics, good. Hydrostatics bad. Has he seen apparatus for class use in other colleges, and where? Yes, as student and assistant in Galway. In what state were collections? Greater part in glass cases ; some not ; about half ; carefully kept ; person in special charge whose 5 I I duty is to dust ; some instruments unfit for observations ; some were ; what levelling apparatus ; none; surveying useless ; Prof. uses his own Theodolite, and has borrowed a Level ; the Tolescopf has one lens mildewed ; Transit is in very good condition for all ordinary ' ir- poses ; Steam Engine, locomotive: Fire Engine ; tlie two latter use- less ; I found they might be put in working ordi-r at small expense'. The President asks for authority for the stalemont that Matricula had to be made up from memory. " Prom Dr. Ilensley," by Prof. Suraichrast. Dr. Ilensley asked Prof. S. " When and wliere ?" Prof. S. said it was confirmed by Several persons. President said he thought there must be some irregularity, as per statement handed in and marked. Statement by President, [11.] Prof. Sumichrast asks if declaration had been signed by Matriculants for last ten years ? " Have not in all cases." These gentlemen's degrees invalid from not having fulfilled all obligations. Visitor appealed to. Wished it distinctly understood that ho did not admit Mr. S.'s inference of invalidity. Prof. Ilensley asks what he did say about Matrioula? Prof. S. thought he made up details from memory. Prof. 11. said, if he said so it was quite unnecessary, as he had in his possession full and coni|)k'te lists of all students entering for last ten years, to the l)estof his belief. Allowed one correction in the case of Harvey. Prof. Ilensley asked if while acting as Vice President in absence of President, he took official details respecting students on entering and handed them to the President. " Yes, it was his practice." Prof. Hind asked as to recollection of Prof. Hensley's statement that matricula was made up from memory. Does not rocolloct his saying " from memory." Mr. Maynard corroborated Prof. Hind's statement, but agreed it might have reference to details and not to actual names. " Whole statement exaggerated," Prof. Ilensley states, " Init some details probably written in ignorance of circumstances." His letter to Governors, asking why put out of oflioe, (March G, 1872) put in and n.arked — V. Resolution of Governors in answer. Very liandsome acknowledgement of services. (W X Y.) Statement by Prof. Ilensley that he thought Prof. S. had made away with catalogue to third party. Would Prof. S. produce it. "■ Yes." Rev. Mr. Maynanl said he regretted this brought up ; felt College mueli indebted to Piof. Hensley. He thought Prof. Ilensley had said that Prof. S. had made away with catalogue. Thought it due, as Governoi', to make it known to Prof. Sumichrast Did Mr. ISIaynard think Dr. II. made such charge seriously? Yes; there was much feeling against Prof. S. Dr. Ilensley had, previousl}' to Mr. Maynard's statement, said he might have said it as a joke. Numbers 130, 110, immaterial. Discrepancy between official number 6,000 and those counted accounted for by official Number being a guess. Numbers of books on record not same as those at Visitation from re- counting of Prof. Sumichrast. i 1 some were ; 0. uses liis »pr* has ono •(linnry > n- I Inllor nsp- ill expense, t Matricula ," hy Prof. [". S. said it xritv, as per Matriculants nvalid from tliHt he flid ? Prof. S. if lie stiid so n Gkntlimen, — The ri'solntions of your Board, passed on Friday, 26tli ult., and pultiislied in the "■ Morning Chronicle" of 29th, changing, as they do, die nalme and fovm of the promised investigation into the charges pre- ferred liy mo against the College, render it necessary for me to protest very respectfully against the action proposed to be taken by your Board. "My reasons being : 1 . That the constitution, powers, and duties of that Court are altogether changed, aiid differ in many important points from the consti- tution, powers, and duties of the Commission appointed by the Alumni at the request of your Board, before which Commission I was prepared to lay my case, aud substantiate it by evidence. 2. That, although willing to hiy my case, even in the mutilated form resolved on by your Board, before the Visitor, I am unable to do so, on account of the refusal of several important witnesses to appear and give evidence before the Court now appointed by your Board. ;>. That your Board, though now refusing to consider the charges ;igaii!st the Visitor, and those against the Governors, did, by a resolution of date Stli April, 1S72, instruct the Alumni Commission to inquire into the aforesaid charges, as well as into those against the President and Proie.^sors of the College. I . That those monibors of your Board Avho have been elected by the Alumni are responsible to that body for their government of the College and University, aud were therefore bound to carry out the views of the Ahnnni as expressed at their Special Meeting in Halifax, on the 16th ult., to the etleet that the investigation should be complete and full, and not into my charges only, but also into the causes of the paucity of students. A. That your whole Board is responsible to the public for the man- agement of the College and University, as being a public body. Tliis view has been held in England with regard to the University of Oxford 68 ; 1 i 1 by a high legal authority, one of the Royal Conimissionera on University affairs, who states — •' That every association, which, for the general good, is beholden to the Legislature for powers and abilities affecting the public, and by the law refused to individuals, submits itself, by accepting the privilege, to be treated as a public body, its public importance and utility being the measure of the right of public interference." 6. That your Board, at its meeting on the 8th ult., did not consider that I had no right to assume the position of accuser, and did not consider that it was " abandoning the duty of maintaining its official independence" by delegating to another body, namely, the Alumni, '' the office of inquiring into such of those charges as respect the Governors of the College" and the Visitor, but, on the contrary, acknowledged my right to be an accuser, and did delegate to another body the office of inquiring not into a part only, but into the whole of the charges. 7. That if members of your Board, being responsible to the public at large for " the mode in which they have performed their trusts," have performed these properly, no " humiliation," but only honor and praise, can accrue to them from an investigation into this matter, and that your Board is aware that three of your body stated last year that all the details of the trusts for which your Board is responsible, had not been fulfilled. 8. That the Royal Charter, granted to this College, expressly orders " that the statutes, rules, and ordinances" of this College " shall be strictly and inviolably observed, kept, and performed," by all officers of the University and College, and that this command is binding alike on the Visitor, Governors, President, Professors, and students, so that your Board cannot eliminate from the case for investigation the charges against the (Governors, and against the Visitor, such a course being contrsvry to the true meaning and intentions of the Royal Charter, and that there can be no •' permissive violation" of the statutes of the University, as those Statutes are so framed as to allow of their being carried out and observed in their entirety. 9. That the sanction of the Statutes of the University is not " by one of them especially entrusted to the Visitor," no such Statute existing, and no suclx power being conferred on the Visitor by the Royal Charter, which confers the privilege of sanctioning the Statutes on His Grace the Archbishop of Canterbury, Patron of the College, so that the grounds of the first resolution of your Board have no existence, and that thereby the resolution becomes of no effect. 10.-' That the Visitor cannot try any case in which long-standing violation of many Statutes of the College is one of the principal features, without, by implication, charging himself with violation of the Statutes, Chap. 1, Sec. 2, for, as President of the Board of Governors, the Visitor was aware that Statutes have been and are still violated by himself, the Governors, and the Officers of the College. 11. That the case, as now mutilated by your Board, and comprising only such charges as can be dealt with by the Visitor when himself not charged or cleared of the charges, cannot be tried by any but the Visitor, whose decision on matters within his jurisdiction is final, and incontro- I SI'S on University for the f^eneral Ities affecting the lelf, by accepting importance and ice." did not consider I did not consider al independence" i, " tiie office of rovernors of the dged my rigiit to fice of inquiring I to the public at sir trusts," have onor and praise, r, and that your at all the details :)t been fulfilled, expressly orders liege " shall be >y all officers of )inding alike on its, so that your } charges against eing contrary to id that there can p'ersity, as those ut and observed is not " by one katute existing. Royal Charter, Q His Grace the t the grounds of that thereby the h long-standing incipal features, of the Statutes, lors, the Visitor by himself, the and comprising len himself not but the Visitor, , and iQcoQtro- vertible in any court of law, and that, thorcfore, tlie Assessors to be appointed by the Visitor can have no voice in the trial and cannot even protest against the decision of the Vir-itor ou any point of the case laid before him by your Board for invostigntinn, and that the Court appointed by your Board does not, thoroforo, meet the wish of the Alumni for thorough and impartial examination, or t!io same wish as expressed in the public press. 12. That I am afforded no facilitlos for substantiating my charges, as I am not to be allowed to employ counsol, and as I have already received an oiricial refusal from the CoUoge lioiinl to an applicaticm I made witli a view of obtaining evidonco as {o the prosont state of the instruments, and a similar official refusal from the lV>sidont of the College to five refiuosts made by me for a similar purpose, so that I am debarred by these Officers from seeing or obtaining copies of documents which I have a right, both as a Professor and an accuser, U I ave access to. 13. That the evidence taken before the Visitor is not to be made thoroughly publi ;, but retained by the Uoard of Governors. 14. That your Board, having violated for many years the Statutes Chap, v., Sec 6, and Chap. II., Sec. II. ordering the annual appoint- ment of a Vice-President and a Proetor, has rendered invalid every degree conferred during the long period ot years, namely, sixteen years, during which no Vice-President existed, — for the Statutes, Chap. V., Sec. 6, Chap. IV., Sec. 1, 0, expressly require that the Vice-President shall *■' see that tlio exercises are duly performed," and other necessary forms on his part, before any candidate can obtain his degree. 15. Tiiat your Board, having for a long period of years violated the Statutes, Chap. V., Sec. 1, 4, there has been no provision made for the auditing of the College accounts in the hands of the Bursar, as ordered by Statutes, Chap. V,, See. 7. 16. Tliat therefore your Board eamiot, consistently with the duty it owes to the Alumni, to the Legislature, and to the public at large, resolve that the charges against the liovernors and against the Visitor shall not be investigated. 17. That, unless a free Commission is appointed, to investigate into all the charges and into the general condition of the College, many important matters which demand clearing up will be objected to and not inquired into. Of such matters I must enumerate the following : a The McCawley Trust Fuiul, which is nn absolute gift to the College, as can easily be proved by official record, and which is unfettered by any eonditicui permitting the donor to appropriate the interest, when the pri/o is not given. The state of the College accounts in the hands of the Bursar, which have not been |)roperly audited for years. The manner in which the Bursar allowed a Steward of this College to obtain large quantities of goods from tradesmen in Halifax, when, to the Bursar's knowledge, he hud absolutely no means of paying for these goods. 70 / d The manner in which the President of the College secured the coming to him of all money paid to this Steward by the students, for several mouths in advance, while the Presi'lent was perfectly aware that this officer was already several thousand dollars in debt, and could not pay for any goods he obtained. e The fact of 950 gallons of beer having been consumed in the College during a period of five montlis (excluding vacations.) The tact of the examination jjajjcr in German, for the Williams Prize in Modern Languages for 1870, haviug been prepared by the President of the College, and the report on the answers to it signed by the supposed Examiner, as may be seen in the Calendar for 1870. The gentleman who attested a fact which he did not know of himself, and which ho attested in the face of a solemn declaration which he was bound by the Statutes to make, was then, and is now, a Governor of the College. gf . The causes of the small number of students, in spite of the numerous facilities offered by the College for free education. h The fact of the College Museum remaining poorly furnished and uncared for, while tlic Professor in charge made numerous extensive sales of specimens. — Vide report on Prov. Museum for 1871, p. 65, &c. F'ually, I protest in the name of those students of King's College, who, instead of learning to withstand temptation and evil, have, by want of proper care, seen their lives ruined by the ordeal whicli they were unable to pass through unscathed. I have the honor to be, My Lord and Gentlemen, Your obedient servant, F. C. SUMICHRAST, Prof, of Mod. Lamjuaijes. (B) The Right RRVKnExn the Visitoii of King's Collbok and his AssKssMis ; My Lord and Gentlemen, — We have been requcoLcd by Professor Sumichrast to apjiear as witnesses at the Court to bo held by you on the (ith current. We have declined the request on the grounds stated in our respective replies to that gentleman, but we consider it due to you and to ourselves that we should explain more fully the reasons which compel us to withhold our testimony. In the month of March last year, we, being both at the time Gover- nors of King's College, in conjunction with the Rev. John Ambrose, M. A., of Digby, also a Goferuor, respectfully called the attention of the Visitor to the long continued and habitual neglect of the statutes of the Univer&ity by the Professors, Officers, and the Board of Gover- nors themselves, as well as to the J-'meutable results arising from such neglect. i I t( tl t 71 liege secin-ed the d by the students, lent was perfectly oiisand dollars in ined. consumed in the idinj; vacations.) for tlie Williams Jcen prepared by m the answers to bo seen in the ited a fact which tested in tlie face y the Statutes to College. in spite of the "ree education. poorly furnished made numerous 1 Prov. Museum King's College, I, have, by want ivhich they were HRAST, Vfofi. LunijMaQes. LLKGE AND HIS i by Professor held by you on grounds'stated isider it due to ly the reasons lie time Gover- lohn Ambrose^ le attention of of the statutes aid of Gover- ning from such A Visitatorial enquiry took place on the 2r)th day of April, 1871. The documents relating to the enquiry wo now bojj loj\v« to proscnt to you arranged in a convenient form, with tho nooossary refer oncos to the statutes infringed. Some of the infringements having existed for many ypai>s, have ne- cessarily exerted a nullifying cHoct upon numerous statutes ivlatlng to degrees, the acts of convocation, the auditing of accounts, and other matters, which we submit can not be rt medied by the action of your court, but can only be thoroughly investigated by a conunittee similar 1,0 the one proposed by the iU)ard of Governoi's in their resolution lieariiig date April Sib, 1S72. On page twelve of tlie printed documents you will liiul ft suggestion made by us, namely, that a C'jmmittee con\porHMi i>f certain piMsons should be aiipiiintcd by the Board of G vernors in the event »»' the general tiutliiulnes's of our allegations being established to tlie satlsfac- tio of the Visitor. The Committi!e, excluding the then Professor of Miithematics, was duly ajipoiuted on the St h May, l>71,and immedi- ately entered upon its duties, and eontinued engaged ii\ these for seve- ral months. Prote.-;;H)r Sumiihra.'it being a member of that eonuuittee and secre- tary of the same, necessarily became familiar with all the details of the subjects coming under tho notice gard to the ctmdition of the Colleger It is therefore incumbent upon us in justice to the Professors and to ourselves to call your attention to tlu' following passages in the re- ports of the committee of which we respectively, in the onler of (Uir names as hereto attached, occupied the honorable yet respmisible posi- tion of Chairman. ExTiiA(^TS from " PrcUminanj litport of the Commiitec (»»i OtUtidar and Const iiutioii uf the Collegt." June Sth, 1871. — "It is the duty of the eonunmittoo to stnto in as distinct and emphatic a manner as is possible, their dcilded opinion that all their eX[)ectations of good results to be derived .rout the new Calendar are ba.sed upon the assumption and ademption of (he Hoard of GovernoiBol certain changes in the regulations of the College ivspeet- ing discii)line, hereafter noticed, without whicb, the Cftletular in the opinion of this committee would be nothing more than a shameiul at- tempt to palm upon the public an utterly impracticable plan purport- ing to provide for the proper training, education and culture ot youth."' " It is sufficient to state that in the opinion of this eonuuittee all rules and regulations are mere idle words unless the following alterations in the building are made." "The committee regret that thev have been constrained in justice to themselves and in view of the solemn re.sponsibilitv which tney have undertaken under instructions from the Board of Oovernors, to place "-r" n \ upon their minutes the following resolutions respecting the absence of the President from five out of six meetings. " The committee believe that the proper training and education of youth is one of the highest duties that can be committed to any body of men, while the moral responsibility it involves is oi' th'^ mosL grave and weighty character, nnd for which those who possess influence, authority or power in the matter are strictly responsible. "Eeaolved, That in bringing their report on the Calendar to a close, this committee feel it inpun;bent upon them to expres.s their deep r'^g d at the all senc of tb'^ 're? dent ol the ColI'>ge from the lust three meetin -.. "The experic.iuc.iiui^Mowiedge possessed by the President in matters relating to Oc !eg ,' >s would ha\o aflbrded the fommittoe great assistance in the oii^.ous d '= they have had to perform. "The Committee further reg.et that their Report, made under what they consider positive instructions from the Board of G(Jveriior^, on a subject of the highest importance to the interests of the College, and indeed on which its existence may be said to depend, as well as the interests of those for whom the College authorities are virtually trus- tees, should be presented to the governing body of the University with- out the name of the President of the College being attached to it, or any reason being supplied to the conmiittee to enable them to exjjluin to the Board or Governors this extraordinary omission " Unforseen circumstances n ;y at any moment cause publicity to be given to these and other documents, and it appears to us that we should be justly liable to censure for withholding them from the knowledge of your body at this juncture, and they supply a sufficient reason for the conscientious expression of our entire concurrence in the opinions so generally entertained at the meeting of the Alumni on the 19th April last, that the investigation into the charges preterred by Professor Sumichrast should be open, serious, and thorough. We have the lionor to be, Mv Lord and Gentlemen, Your obedient servant, Thos. Maynard, Henky G. Hind. Windsor, May 6th, 1872. ^1 (0 SCHEME OF STUDY PROPOSED BY PROFESSORS, 1870, To be substituted for Statvtcs, Cap. 11., G-9. 6. Every matriculated student shall be required to pass a public examination, to be called Responsions, in all the subjects lectured on, such as : 1. Classics — one Greek and one Latin book, and Latin writing. 2. Divinity — one Gospel or Acts. 3. Mathematics — Algebra and Eu- \ 73 the absence of 1 education of to any body 1" mosL grave ess influence, ar to a close, ir doep v^^^ ui he last three nit in matters nraittee great e under what jveniors, on a College, and as well as the irtually trus- iversity with- iched to it, or 2m to ex])]ain ublicity to be lat we should he knowledge 3nt reason tor 1 the opinions !ie 19th April by Professor MS ?lid ; IIT. to VI , any two books. 4. Chomical Physics — Organic or 'Kor^anic Chemistry. 5. Mod'^rn Languages — any one. This examiu- ion shall tale pi ice at the (.'ommauceiaont of Lout term. Any student, .'vC. &c. 7. Omit nil after " ninth term." 8. Every candidate for an ordiu.iiy Degree must be examined on wo days, in at leant two of tlie st'bjectfl on which lectures are delivered by the Professors, as r.t present arranged. 9. Every m'^iuute for a Degree in honors shall be examined in one or more ot the following pubjects, at his own choice : a Classics — Greek, Sophocles. 7 Pluys, Thucydidos, 2 books ; Latin, Juvenal, Tacitus, i] books ; Cicero do OlRciis. Prose and verse composition. b Divinity — Hebrew and Greek Scriptures, Evidences, Ecc'-^sias- tical History, Systematic Divinity, Cliurch Polity and Li' ^i. ". c Mathematics- — Algebra, Euclid, Ditf. and Integral Cii^vul: . Conic Sections, Mechanics, Optics, Acoustics, Heat, El trie. /. Astronomy or Engineering. d Chemistry and Nat. History — Chemical Physics, C ga^d'- and Inorganic Chemistry, Practical Chemistry, Qualitative A ily ds of Compounds and Preparations, Mineralogy, G ^logv and Botany (any two), e Modern Languages — any two. Modifications in these subjects to be made with the approval of the Board of Discipline. (D) Maynard, G. Hind. RS, 1870, ass a public lectured on, iatin writing. bra and Eu- EXTRACT From Professor Sumichrast's letter of March 23rrf, published in the Wiiidsor " Mail." " Every one who knows anything about King's College knows that for very many years there has reigned there a disregard of Statutes and regulations, and consequently a lamentable want of discipline, which has proved most prejudicial to the welfare of that institution. This fact is so well known, and has been so evident, that the inhabitants of Windsor must naturally have felt cousiderable surprise and gratefulness at the altered behaviour of the students during the last two terms, standing out, as it does, in strong and honorable contrast to that which characterised former years." n \ !'! ' It \l\ ! i (E) 104 Princes.'< Street, St John, N. B., April 19, 1872. Hkv'k. Caxon Hknslky, D. D. Jievd. and Dear Sir, — It is a snl)jt.ct of doop regret to ino, that cir- cumstaiici's Iiuve boon sucli as to iiiceHsilatc my loaviug Windsor, just as the chiirgos of prof. Siimiclira.-^t wore on the point of hoing thorough- ly investigatod. In oase, however, my evidence should bo of any service to you, in the enipiiry shortly to bo institnti'd before acoinniittoo of th(! Asf^ociato Alumni, i be;;- to tcslity in writing that the statonicnts of Professor Sumiehiast with reference to tlie conduct of the Students are strangely at variance with my ex()ei'ience of College life, during the period of well-nigh six years spent at the Univi:rsity of Windsor. That " druukouness, gambling, rioting, insul)ordiuation and disorder prevail amongst the Stiulents," is an assertion at once so broad and S(» exaggei'aiod as to cast rellections not upon the character of a far, but of the vast majority of those who have been enrolled as members of the College, Speaking from personal observation, I can most unfeiguodly dechi'e that " gambling,''in no trueseuBe of the word, has been practised by any ot the students, and though in some individual cases, "drunken- ness, rioting, insubordination and disorder'" have at different times manifested themselves to some slight degree, they have always been checked by the most stringent measures on the })art of the board of dis- cipline. Moreover, to speak as Professor Sumichrast has done, of Stu- dents being " Seen in broad day reeling and cursing in their drunkenness through the streets of Windsor," would certainly convey to the Public mind an undoubted impression that immoralities of the lowest type have so gained an aseeudancy as to make King's College little less than a training school and haunt of intemperance, lawlessness and vice. Let me then assure you that though in exceptional cases Students have ex- hibited themselves in a statg of intoxication in the streets ot Windsor — cursing and other blasphemous expressions have been very rarely, if ever indulged in by any one member of the University, But in all cases a violation of t'le Statutes has boon visited with severe punishment when- ever such violation has boon brought to the notice of any of the College authorities. I am, dear Sir, Yours very ti'uly Stanlby Boyd. i 75 "no, J 872. iiH', that cir- Viiulsdi-, just ll^' tllOl-Ollfrll. i any .sorvico iiiitU'C of (,h(! t.ltcMlll'llt.S of 8(ii(lent8 are duriiiir tlio idsof. iiid (iisordwi' jroad and so il./'t'/', l)iu of "iibvis oi' thu ui) feigned ly lu prm;tised " tli'unken- erent times :l\vay.s been oard ofdis- )no, of Stu- Irurkenness tlie Public it type have less than a vice. Lot 5 have ex- Windsor — rely, if ever all cases u aent when- hc College V Boyo, ^1 (F) WiNDSOu, May 6th, 1872. To h!n LorJshIp the Visitor and hi» Asuensors : My Lori> and Gknti.emkx, — 1 have the honor to appi'ar hetore your Court at the request of his Jjor(l>hip the N'isitor. Altlioii;.;h oceupyin^ the responsible position of a Governor of the L'niversify ami College, yet not bein^^ a member of the C^niversity, 1 am exempt from the summons of the Visitor to appear before him, and free to iuiswer or otherwise any tpiestious which may bo proposed by your Court. The res|K'('l wliieh I entertain for your Court forbids mo to ask per- mission to retire without uu explanation of the reasons whieb influence me. I venture most respectfully to submit that, baviuff been elected to the olhee I hold by tiie Alumni of the Uuiversity, I am responsible to the Alumni alone for my actions in this matter, except in the event of an infringement of any particular Statute, nde or ordinance with which I might be charged, after having signed the retjuisite declaration to obey it. in the present case, having by my vote loyally acquiesced in the action of the Aluunu, on the 19th April last, with reference to the appointmi'ul of a Committee to investigate thoroughly the charges pre- i'erivd by one of the. Professors against the Visitor, Governors, Professors, and oilicers of the University and College, I am precluded from replying to questions relating to a part only of tliose charges, by the resolution of the body, one of whose representatives T am. I have also respectfully to state to your Court that, being one of three Governors, who, during the past eighteen months, have devoted much time, much anxious thought, and much labor, iu an endeavor faithfully and harmoniously to remedy great evils, iu part set forth in certain docu- ments now iu your possession, entitled, " Documents relating to the Visitation of 1H71," which evils subsequent enquiries have proved to be more widespread than we then supposed, I conscientiously believe it to be impossil)le to separate and isolate the responsibility of the Governors from the responsibilities of the Professors and officers in particular cases. I do not desire to cast any reflection, whatever, on the Board of (4overuors for the neglect of certain Statutes, for I hold that it is the bounden duty of the officer representing the College at the Board, duly to bring before tlie governing body, from time to time, all such require- ments as may be necessary for the proper ordering of things, for which he is by Statute responsible to the Board. I believe it to be just that the wishes of the Incorporated Alumni should be jealously respected. This incorporation comprehends a body of gentlemen who have munificently contributed to the support of the College, who, by Act of the Legislature, elect ten out of thirteen mem- bers of the governing body of the Uuiversity and College, who have, in public meeting assembled, emphatically expressed their opinion that the enquiry into all the charges should Le thorough. 76 Finally, I consider an open enquiry, such as the Alumni 8U<,'j»cwtcd, duo to those who may have been misled by ropresentation.s aa to the result of the Visitorial investigation of last year into tlio grave cliargcs embodied in the documents now in your possession. Such an enquiry would also afford to the then accusers an opportunity of vindicating their motives, if thought necessary, in the spirit of the declaration hereto appended ; " It i^mains for us to state, on our solemn word of honor, that we arc influenced by no other motives in our present action, than a fixed determination to sustain, by every honorable means in our power, the the University of King's College for the present and for future genera- tions. We are aware that it is possible the course we have taken may expose us to the animadversions and reproaclics of some of those who are nearly or remotely connected with the College ; for this wo are fully prepared, and while we utterlv disclaim all personal, private and secret motives or impulses, we shall not hesitate to uphold our purity of pur- pose in the most public manner, if the necessity should at any tinia be forced upon us." — Document No 3, p. 2. I beg to reserve to myself the right of presenting a copy of this docu- ment to the members of the Incorporated Alumni, to whom I am responsible for my action in this matter. I have the honor to be, My Lord and Gentlemen, Your obedient servant, Henry Y. Hind, A Oov. of King's College. (0) My Lord and Oentlemen, — Having been, on Friday the 3rd May, summoned by your Lordship, as Visitor, to appear to-day before this Court, to answer any interroga- tories on your part, I beg respectfully to state that before the receipt of your Lordship's summons, and while in complete ignorance that my presence would be required by your Court, I replied to a letter addressed to me by Professor Sumichrast, the accuser in this case, asking me to attend as a witness on his behalf. I refused to do so, on the ground that the hearty concurrence I gave to the action of the Alumni necessarily operated against my appearing voluntarily before your Court. The same reason, which prevents my giving evidence at Professor Sumi- chrast's request, prevents my doing more than express very respectfully to your Court my regret that an Alumnus of this College, bound in honor to remain faithful to the policy adopted by the whole meeting of Alumni, which took place on the 19th ult., cannot give evidence before you at your Lordship's summons as long as the cause which stands in the way of my giving evidence at Professor Sumichrast's request, exists. 77 Further, every member of your Court has now, before him, ii copy of a letter aiMressed to your body by Professor Iliiid nnd myself, dnted on the 2nd curii nt, ir. wliieii our reasons for withholdiuj; our testimony are more fully detailed. And fitmlly, I submit tlmt a perusal of the extrncts from the Report of the Committee on the Constitution and Calendar, will convince any reasonable person that any enquiry which does not include the action of the Board of Governors must of necessity bo thorouf,'hly unsatisfactory. Tno8. Maynaud. (H) Windsor, June 5th, 1871. My Lord, — We rejrret to state that on Thursday night last, after the hour of one quarter to eleven, as near as we can learn, three or more students of King's College committed the following outrages : Broke down Mr. Wiggiu's garden gate, and removed the yard gate to the old cellar of Miss Cochran's house. Removed the bridge in the Academy grounds, and scattered the poles of the gateway in Mr. Murdoch's field. Removed Mr. Alison's garden gate, and carried it some distance away. Broke off and carried away the ornamental portion of the pillars of Mr. Hind's garden gates. Broke ofT some of the tops of the palings of Mpb. Danielson's fence. On the night when these depredations were committed, the young men were returning from a party in Windsor. We do not mention these outrages with any view to punishment, but because, in connection with various other acts, they satisfy us that your Lordship's recent Visitation was utterly fruitless ; that under existing management, the College is in a thoroughly helpless condition as regards discipline, and that the measures proposed by the Committee on the Constitution of the College, or a modification of them, to be submitted at the next meeting of the Board, are absolutely essential for the future preservation of King's College, as a respectable institution for the educa- tion and trainiu, of youth. W c have the honor to be. Your Lordship's obed't serv'ts, Thos. Matnard, Henrt Y. Hind, Govs. King't Collegt. {^Note. — The measure proposed was the alteration of the buihuog, with a view to prevent the exit of students at night.] ?» w Wc have this day exam led the halls, staircusos, and vacant rooms of the noUego, as well as some o the oceupiod rooms, and tlu! offices in tho rear, We have found many na-i s, simple incidents and oc(;asional jokes, and a few expressions decidedly ohjoctionablo, but very few that could lie termed blasphemous or scurrilous, and such of these latter as we ilid find were generally in out of the way places, behind doors, &c. We C(msider that the whole building is remarkably free from such expressions. .T. M. Hknsi.kv, ficc-PresiJent. Hknuy How, Kino's College, Windsok, April Gth, 1872. Prof, of Chemistry^ Stanley I^oyd. (J) KiN'ti's CoLLKGK, Windsor, June lO'Ji, 1871. I placed 4L\W fXg. in the hands of Bishop Inglis before he left this country, to be given in trust to the S. V. G.. for the enenuragenient of Hebrew and Biblical Greek in King's College, N. S., with the understanding that during the continuance of my life, the interest of tliis sum should be under my control, and be drawn by me for the payment of |)rizjs ; or in case these should not bo successfully competed fur, for such other purposes as I should deem expedient for the good t)f the Ctillege ; and if it should appear to me, after a time, that the prize was not answering the ubjeets of its founda- tion, it should be competent to me to make such modification in the terms and conditions of the prize fund as I should seem to be more conducive to the benefit of the College. In the exercise of this right of control, alwayt admitted by Bishop Inglis, and Mr. Hawkins, the Secretary of the S. 1\ G,, and nevei objected to by either of them on any occasion. T sanctioned the appro]>riation of the interest accruing from the deposit to the increase of the fund, which thus rose to £l!')0 stg., as at present; other portions have been ajtplied to first and second Hebrew premium ■, the first of which were won most creditably in 18i'33. — The examination papers written on that occasion by our students were reviewed, with aj probation, by the late Rev. l)r Todd, Professor of Hebrew, T. C. 1)., who.se note, written after perustd of them, is enclosed, and also by the late eminent Hebraist, Joseph Tedner, A.ssistant Librarian under Pauizzi, of the British ^tuseum. In these and other ways, in following years, the interest has been appropriated up to the end of 1870. I shall direct our Treasurer, Mr. Halliburton, to draw from the interest arising from the fund 79 ■N» since tliat date, after having first authorized the Treasurer of the S. P. G. to act upon this arrangement with our Treasurer in future. But I shall claim the right of directing the appropriation of such interest as shall arise, first, to prizes, according to my original intention, if such shall be gained in accordance with the Standard, and if not, to such other beneficial ])ur[)oses as shall appear to me to bo right. I have had a plan, for some time past, in contemplation, to modify the arrangements of the Prize Fund, to adapt it bettor to the interests of the College. This will probably bo soon definitely and permanently settled. It is to be obsorved tliat this deposit with the S. P. G. was never trans- ferred to the control of the Governors of the College ; the donor retained the dispO:*al of it in his own hands, to be disbursed at his cliscretion, until he should permanently determine how it should best bo appropriated. It is therefore (juitc evident that " the Committee on the Constitution and Calen- dar" liavo nothing wliatever to cIj with tlie matter, any more than they have a right to interfere with the Warncford Trud, which is always ab.solutely at the disposal of the Bishop. It is, in fiict, a special fund, not adminisfered by the Sodety, but administered by the donor, or, at his discretion, trans- mitted directly to the persons named by liim, as the report of the S. P. (i. will sliow. Geohoe McCawlky. [In reports of the S. P. G., it is entered among the " special funds not administered by the Society, but transmitted direct to the persons named by the donors." — H., N. S.] - (K) COPY OF STATEMENT READ BY VISITOR Respectinfj the McCawlcy Prize. In 1848 Dr. McCawley, wishing to encourage the study of Helu-ew, and to provide for it after !iis own time, gave the late Bishop £100 stg. , which was invested in three £50 shares of the Bank of B. N. A , the S. P. G. advancing tlie balance required, which they were to pay themselves out of the interest accruing (at £7 10s. per annum), so that for a fet\' years there was nothing aviiihdile for a prize. Tliis was never in the hands of the Governors, and the interest lias always been received (not by the Treasurer, but) by the founder, who. when there were sufficiently qualified candidates, adjudged the prize as intended, but there was no provision for the lack of candidates, so that if noi, drawn liy Dr. McCawley the interest wouM have accumulated through any years in which no prizes were adjudged, and the accumulations of perhaps several years been paid to ihe next successful candi- date, which was certainly not the fu'inder's intention The (Governors could not dispose of the interest in any ease, and had, indeed, never been authorized oven to draw it, and, consequently, acting upon an understanding with the late Bishop, the President has received the dividends and appropriated them nt liis discretion, in the purchase of books, or otherwise in the promotion of this study, in which he has felt a lively interest. There has never been a complaint that anyone that might have obtained this prize has been deterred from competing, and the Governors felt that he who liberally founded the prize might safely be left to deal with it, and that any interference on their part would be very uugenerous. As soon, however, as Dr. McCawley found that this arrangement was deemed objectionable, he gave authority to our Treasurer to receive the half yearly dividends, and he will submit a modified scheme for the appropriation thereof, when there are not sufficient candidates for the prize. 17 Buckingham Street Gate, London, Aug. 3, 1871. My Dear Archdeacon, — What I did with Sumichrast was simply this : I communicated to him, word by word, the contents of your letter, in which it was intimated that " what was wanted at King's College was a Professor of Modern languages ; " that is, of all modern languages, but who should, at all events, be a French " and German scholar, and thoroughly familiar with English." I told him his salary should be £125, that " he would be entitled to no fees at College, " but would receive foes at the Academy." These were your own instruc- tidns. I satisfied myself that he was a good French and German scholar, and his testimonials, which I forwarded, seemed to me to leave nothing to be desired as to his character. Besides this, however, I told him what the situa- tion, which was offered to him, had been for me 28 years before. I told him, in the first place, that I had been accommodated with a free residence, and extremely inexpensive boarding in College, so that I had never spent half my salary for my sustenance. That in my days there were very few students in the College, and of these few by far the greatest number would have nothing to say to foreign languages, and that the Academy, which was then at a very low ebb, never afforded me any pupils at all. So that all my duties in the two establishments did not take up more than two hours a day twice i I the week ; that therefore I had ample leisure to attend to classes both in Windsor itself and during the long holidays in Halifax, by means of which my pecuniary resources had been at least doubled. I concluded that during the sixteen months I was in Nova Scotia, I might consider my income to bo something like £300 a year. Of course I told him that 28 years might make a great difference in the state of things, both in and out of the College ; that lodgings in the College had not been mentioned, and were, perhaps, not to be had, and that the number of pupils, both at College and school, might have increased, and the demand for foreign languages with it. On the other band, I pointed to the fact that Windsor is now in railway communication with Halifax, as an additional means by which the salary might be eked out by employment as a private teacher, lecturer, &c. ; at the same time I gave it 81 promotion of ever been a jen deterred founded the nee on their lawley found lority to our lit a modified it candidates all this at mere conjecture, to be realized upon trial, and was quite sure that the College would nave nothing to do towards forwarding the Professor's interests ir\ that respect. Whatever I said was either delivered on your authority, roirorring to your written terras, or was only given as my impression of what things were, and what they might possibly be. Some time ago, I received a letter fiom Mr. Sumichrast, precisely to the same purpose as your He begged me to state all I had said to him. If Mr. Sumichrast will own. only produce my letter, you will see merely a repetition of what I have bees writing above. Sumichrast complained not only that the work as foreign Professor was heavier than he had undertaken, that it was heavier than it was in England ; but that " he was called upon to lecture on Englisii literature," and, I remember well, even " on the Classics!" TATE, .3, 1871 cated to him, ntiraated that n languages ; be a French I told him s at College, own instruc- 1 scholar, and lothing to be 'hat the situa- I told him, esidenco, and er spent half J few students • would have lich was then all ray duties 3 a day twice ilasses both in sans of which d that during income to bo B years might p the College ; , perhaps^ not school, might On the other iommunication t be eked out e time I gave (M) March 21st, 1872, 1 p.m. Present : The President, Vice-President, Professors How and Oram. The Professor of Modern Languages declined to attend the Board Meeting on the ground that ho had resigned. On the President asking the Professor whether he had anything to say with reference to a charge from Mr. Peters of unpunctuality incoming to lectures, he replied, " Certainly not ; the thing fulls of itself." Ho then retired. The President then read the following notes made by him at the time of the occurrence : " Mr. Peters, when told by tho President in the Bxamination Hall that his certifi^'ate had been refused by Prof. Sumichrast, and that therefore ho could not be admitted to the Modern Language Bxamination, replied that six or seven times during the present term he went to the Hall when Professor Sumichrast's bell rang, and remained there 10 or 15 minutes, and as the Professor did not arrive, he did not remain any longer. The Professor, who was present, replied that he would require him to state the precise number of times, and to bring proofs of his assertions. Mr. Peters und Mr. Uniacke were then dismissed from the Examination." The cxuminhtion of the students was then proceeded with. Mr. Peters stated that on several occasions (six or seven, five within the number) he cume to the Hall and waited ten or fifteen minutes, and then, the Professor not having arrived, he left the Hall. He referred, in corroboration, to Mr. Uniacke and to Mr. Wright, to whoso room he went on several occasions, immediately after leaving the Hall. Mr. Uniacke corroborated the above statement as to three times for certaii. ; on two of them Mr. Peters was present, and left likewise. Mr. Hind testified to the lateness of the Professor on one occasion, which was caused by himself, he havifxg gone to the Professor's rooms before Lec- turofl, and thus causing a detention ; he remembered Mr. Uniacke and Mr. Peters leaving before the Professor's arrival on one occasion. Mr. Dodwell testified that veiy often he came at the lecture hour and ftund the Professor not there, and did not arrive for some time, from 5 to 10 1 82 minutes; occasionally he (Mr. D.) went to Mr, Peters' room and waited, returning after ten or fifteen minutes. Mr. Wright stated that Mr. Peters had several times come up to his rooms and told him that he had left 1 he Hall in consequence of the non-arrival of the Professor at the proper time. Mr. W. also stated that the same thing had frequently occurred last year (1871) in his own experience, when attend- ing the Lectures of the Professor. The Vice-President then stated that on one occasion, about three weeks- ago, ho had passed the Hull at nearly half-past on«, certainly 1.20 p.m., and bad heard a good deal of noise in the Hall, loud talking, &c. ; that as he passed, going to his own house, Mr. Uniacke came out of the Hall and ran after him, and spoke to him. He asked Mr. U. if he remembered the circumstance. Mr. U said he did, and that he, and others of the same class, were then waiting for the Professor. CSigned) G. McCawley, President. The above is a true extract from the Minutes of the j5oard of Discipline of King's College. J. M. Hensley, King's College, Windnor, March 25, 1872. Vice- President. A correct copy, as compared with the books in the Hall. H. Nova Scotia, Visitor, (N) ; At a meeting of the Governors of King's College, on the 12th December, 1870, it was— *' Resolved, — That the Professors of the College be invested with the author!^-, and charged with the duties, of Proctors ; and likewise with the duty of maintaining discipline within the College, and the precincts thereof, unless formally excused on account of illness, — these duties to be performed by each Professor in monthly rotati«>n, according to aeuioriiy." Extract from the minutes. J. C. Cochran, M.A., Secretary^ > - ---'': -, '. ■ = 1 Ml iiir-1 KiNs's College, Windsor, Jan. 23rd, 1871. Th« I'rofessors of King's College beg to acknowledge the receipt of the llesol'jtion of the Honorable Board of Governors, dated Dec 12th, 1870, iiiVt'tU-Ujg thc.n with the authority of Proctors, and with the duty of main- taivnr.g diacipime within the College and the precincts thereof. They wish res.' •'^y ;.• 1 M.A., Secretary^ ■'■-"id "JD.90R, 1 d, 1871. ■ eipt of the' 2th, 1870, 1 ,y of main- They wish )ly that the iplioe, with 1 occasion njquirod. J. M. Hbnslky, Professor of Divinity. Henry How, Professor of Chemistry. John Hunter, M.A., Prof, of Mathematics. ROOSSV-SUMICIIRAST, Prof. Mod. Languages. King's Oolleqe, Windsor, March 9th, 1871. sTe the Honorahle Board ef Governors of King's College : The undersigned, Professors »rt' Kind's CoUoire, respectfully acknowledge the receipt of the Resolution of tho linn. HosmJ of Governors, dated 18th ult., conveying to them tlio gratifying announeomcnt that they have satisfied the Hon. Board as to their knowliMlgo iind eflieient discharge of their duties, hut thoy cannot understand what further definition those Katies required, the Statutes specifying them very elearly. The said Professors must tUstinetly decline to take upon themselves the duties of Pioctors, as assigned to them hy the resolution of Dec. 12th, 1870, which goes directly again.> B., ''' Prof. Mathematics & \'at. Phil. : ' S. R. RrMirnuAST, F.E.I.S., • ' ' ProfeS'tor Modem Lanffuages. *NoTK BY THK l^HKaiDMNT, Mardi IOtu, W7\ — " Thc Prcstitent cxpl»'nccl to them oi the Hoard, very distinctly, tlint lie prororriMl vorv nuiol) tlmt tlioy should aetail their ow» rea8on« for deelinintf tlio (iufloH iiHHi^utMl to tliom In tholr written reply to the OovernofB. This they iivoliled dolnfj in their reply, Bltfuod by (jiwu hII, tncludlug I)r. Ucnsley, who baa tiot Bigued the present paper," 84 (0) Saturday Afternoon. My Dear Dr. Mc Cawhy, — Your letter of yesterday reached me this afternoon. I cannot find, after a pretty thorough search, any of Hamilton's papers. I must have returned them. I am impressed, however, with one fact in connection with these papers, viz., that the language used by me in my report of that year — 1870 — was not sufficiently strong to mark the superiority of Mr. Hamilton's papers over those of preceding years. I do not now remember whether or not Liechti saw the papers of 1870. The idea of introducing a passage from some Latin author, to be turned into French, was suggested to me by reading the following from Delille's French Grammar, whicb I send you : "AT examen annuel qui a lieu an college royal d'Eton pour 1' adjudi- cation du prix de langues naoderues fond6 par S. A. R. monseigneur le prince Albert, on exige en outre que les eleven traduisent par ecrit du latin en frangais. Les passages ciioisis pour cette traduction .sont gene- ralpnaent extraits de? oetivres de Ciceron, de Tacite, de Terence on d'autres auteurs latins." Yours very faithfully. Benjamin Cukren. (P) King's College, Windsor, June 29th, 1870. Venerable and Dear Sir, — It gives me great pleasure to report, with reference to the examination for the General Williams' Prize in French and German, that the papers prepared by Mr. C. Hamilton, the successful competitor this year, exhibit an acquaint- ance with those languagues, not only highly creditable to himself, but particularly bo to his old teacher, Henry Stiefelhagen, Esq., Ph. D., for many years the popular and successful Professor of Modern Languages in our College. I have no hesitation in saying that Mr. Hamilton has passed the beat examination in French and German, since the establishment of the Prize. . .. I have the honor to be. Yours, &o., &c , Benjamin Cdrren, D.C.L. The Venerable The Prwident of Eng'B College. 1 5t : ll^i 85 FTERNOON. lot find, after ave returned » with these !ar— 1870— Iton's papers ers of 1870. ! turned into ille's French •ur r adjudi- iseigneur le par ecrit du I sout gene- Terence on f CURUEN. NDSOIi, th, 1870. nination for ers prepared an acquaint' iimself, buf. Ph. D., for uages in our sed the best Prize. D.C.L. [a] Memorandum on the Printed Document laid before Hon, Board of Governors of King's College, March II, 1872. KlNo'a COLLKQR, WlNDSOK, 3farcA 18, 1872. There is not much to surprise me In tho statomenta affV>oUng myself in the printed documents laid before tho Governors at their last tncet- ing, as I was aware last summer of some things that had been said and some writing that had been going on for a purpose which is now obvious enough . In a letter written to the Committee in reply to one asking mo for a report on tlie means of education at my disposal, 1 mentioned distinctly that I made use of my own specimens in illustrating geology and mi- neralogy. Tlierefore it should be considered an advantage that they are in my lecture room. As regards arrangement, a comparison of the OoUogo specimens with my own would shew any competent penson that the former are the better arranged . As regards specimens " missing" — 34 said to have been found want- ing in one collection — 1 do not know whether '' after taking stock" Prof. Sumichrast rendered any report to the Committoo under whose direc- tions he proceeded. I know that he told nio last suinr -^r I'ii could not find two specimens of marble; these I showed him in I'.iO Museum. *SVnce thentill Saturday last [never hoard o/ amj spiximt'uii hav;hxg been " missed." It is to be observed that on being requested by the Com- mittee to give Prof. Sumichrast access to tho College specimens, and to pla(!(' in liis hands all lists of tliem, and to give him information respecting them, I without delay gave him the keys and lists that were handy. I afterwp.rds gave liiin otl.'cr lists, reserving none, and I wrote to the Committee expressing my readiness to comply with their wishes . Foi a period of about two or three weeks there were only such few of the Cf)llcge specimens as were in my lecture room under my charge. I am not aware of any specimens belonging to tho College collec- tions being absent except such as I have sent away as exchanges. Regarding the writer of the letter who is made a mystery of, I be- lieve his name is Sweet, the manager of some plaster iptarrios at Wink- worth. Referring to a paper of mine on the Mineralogy of N. 8., now in the hands of the Presitient, it will be seen that I mention having secured certain s|)ecimens by having pointed out their charac- ters to the quarrymen and a manager of quarries . These specimens I asked for, I named no collection for which I wanted them, in fact I intended them for my own study and UvSein any way. The letter may have been written in answer to one from Prof. Suiuichrast, and I have no doubt it was or else tho writer was personally applied to for such a letter. Last summer I saw a letter, written by Prof. Sumichrast to a friend of mine, containing questions which would have required much 86 ^?i(it sinch a letter in reply bad my frienW really given anv specimens to tho ColU^ge He expressed to me his si-'ise of the dirtineas of such a trick as tlwt comnMtted by tiie writer of th»^ letter to hiria. I infer thai INIr. ^weet is the writer of the letter in the printed d(K;nment, i)ecaiise I 0t\Q a copy of that paper of mine referred to, I l)elieve into tlic hands '¥?' the Librarian, to the College Lii)riiry, and though it irax not acknoto- i0i4ij/ied ill the Calct/idr for 1871-2, the fame of Swet apjtearn there ns tUmt o;C a Benefactoir of the Museum. When I saw thi.s I understood jH W Pt> y well bow thirty had been worked. Meeting Mr. Swept in Wind- mt J asked biw if I l«i»d said wjjen I spoke of the specicnens tiiat 1 wm^gA Chem f<>^ a-tiy o«94lection. He said " No, but I did not know bwr wtHj* tUey wer*» for sonae colle<;tion," or words to tliat effect. I said I oowW aot help vrhat h»* ■Uiongbt. I ivnew very well what I wanted them fo»' Then be said • out you would have no objection to sharing thera fftSmtkie Colleg** " I s«wd •' certainly not." And of them some shall be^M«d in the College o*binel--when I see tit, that is not jiiHt now. As rega-r-lit J^'flof . SumiOhrast's mot recognizing the spec^imens, 1 sim- ply laugh a^ 55n» 4otion of im beinif *ble to recognize tliem unless each one bad a iab«?! * *li a very distincl vu-le of its name and locality. If the Govemrwt*:- or Dbe Bishop, or 'U»e President see fit to institute any enquiry, 1 ;«n -o^ady at any monieir*' ' > give ;uiy infor uition (as I was when the Coi»»»^lst«e w-;ote bo me \w^. spring) rewpecling the Col- lege Cabinet of Shta^oi Malory of whieski ahin*' I aw Curator, the Calendar for 1871-3: ««iUiHh.b«i;anding, to ufw >>ro/>er penvtw? , Hbnky Uow, Honorary Curator of tli« iS^tuwit History Spci^imens iu th*' Museum of the U^^w«»*ifijf of King's C<>^^. King's C'>, ,*s«, Wiiw^sou, iVtarcti 21»'t, li My Lord, — Owing to the communication being so lumflh i'Hlerriifitf'di iit Has orJl-v last night that I received your Lordship's letter u4" the \M\<\ insH ., and I hasten to reply to it, in the first place thanking yon very inu^'h for so kindly giving me an opportunity of satisfying your Lordsliip inct. 1 said . I want(>d 1 to sliarinii tlieni some : is not jitst nens. 1 siin- unlesH each jcality. to institute nation (as I in;i; tiie Col- Jurator, the IKY IIOW, iw Museum tit, ^' ■iilt I«4i8 M> OKeiuorandum.) I might 4miimitk0f00tm9i^M'0OGnii '■'■ perfect chaxM ' being overhauled by • ill Bilipy^ ttK$f 46ii m$f *m\)*i(ii wii.t'' I havr kecgivgu mouths after A mm0t illiimtl$%um ^m^ mt^., imd iMade known to me> If 86 1 !i I I 1! Among the catalogues given to Pmf. Sumicbrast last summer was one of a collection of 100 geological specimens purchased at my sug- gestion by the Governors, many years ago ; wishing to use these spe- cimens this term, I asked Prof. S. early in the term for the catalogues. He returned them all but the one specified : this be said to me privately, and also before the Board of Discipline I had never given him. The night before last, March 19tb, he sent it me, he had found it locked Dp in the coin-cabinet. I looked over the other catalogues he had re- turned, and seeing a few marks (or checks) against some numbers, I asked the meaning of them, he said they referreaut to the Museum present and past. I do not wish to do so, and I leave it to your cool judgment to decide whether it will be well for you to provoke and hurry on such an exposure. Rest assured, however, in case you do not at once undo the mischief you have done, and refrain from doing more, that whatever may be the result of any legal action on the part of any of my creditors, it cannot destroy the facts I possess, or impair the effect they would have, should you compel mc to use them with the thoroughness which, you may be sure, would be a marked feature of my proceedings. Believe me, Very sincerely yours, P. C. SUMICHRAST. [The writer of the foregoing gave it into my bands ; he was told there was some mistake, — that I had not done as said ; he remarked that ho had found it necessary to be on his guard against everybody ; he would not name his " ugly facts," bnt preferred to keep them in reserve. I said I had no such influence as he alluded to. Shortly afterwards — a da}' or two — he expressed himself fully satisfied that I had not acted as according' to "■ his positive inforniation'" and said all he wanted now was " friendship and peace." When asked if any report had been made by him about Museum, he said, "■ Ob, all I said was, ' I did the work allotted to me, or some such thing." ' Since ^r<^%. IMAGE EVALUATION TEST TARGET (MT-S) / L u.. ^ u. t 1.0 |50 "■^ |2j5 2.2 I.I 1.*^ 1^ - 6" 1.8 1.25 iU ilA V] V2 '/, Photographic Sdences Corporation k 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716)872-4503 ^V "^ ..f >me of the 3 shelves of J last year, umichrnst, main, that reniaiuing Reports, e, by his ready to ing to the shattered, le shelves^ ion to this, of plaster to these, I ince to the y that they ig keys of ould have V nothing } ling books bseqnently be respnn- e fact that irageinent, li, and my any of my to believe as not the 'indication uld obtain he attacks BNSLElTi EGE. 3f King's and then rs regret re giving - % 93 directions fof the preparation of another Catalogue, which appears to have been, to a great extent, copied from it. They desire, at the same time, to record their sense of the care and diligence of Dr. Hensley, in completing such a Catalogue of his own accord, without fee or reward, in removing the greater part of the books from the old to the new Library, and in performing the dnties of Librarian for a series of years, until, in consequence of his continued ill health, they felt bound to relieve him of the labor and responsibility of that office, which would have been increased by the requirements of the new Library. CX) King's College, WtNbsoR, 23rd May, 1872. To the Lord Bishop of Nova Scotia^ Visitor of King's College, and President of the Board of Governors, My Lord, ' In compliance with your request contained in letter of date 16th inst., 1 have the honour to submit the following remarks on Dr. Hensley'a statement on the Library, of date March 6th, 1872, and to make the following answers to the questions addressed to me as Librarian by your Lordship. I must first, therefore, object to the following passage in the state-* ment. '• The Report referred to," (viz. my Report of date 17th Feb., 1872, on work done by me in the Library since my appointment in May, 1871,) " displays so much ignorance of the past histofy of the Library that it might cx'eate a wrong impression." My report does not contain one word referring to aught else than the state of the Library when I was appointed Librarian, and to the work 1 have done in it since. I cannot allow the late Librarian to state that I display ignorance of that part of the history of the Library. There is no reference in that report to Dr. Ilensley's management— it is a simple and truthful statement of facts. I do not wish to comment upon the past history of the Library as given by Dr. Hensley, up to the compiling of Mr. Maturin's catalogue. I know little of it, and he is undoubtedly an authority on that part of the subject. But as he refers to the catalogue made by Mr. Maturin, and states that " it was never of much use in the Library, owing to the numerous erasures and transpositions it contains," I wish to ask where the fair copy of that catalogue is, as the copy I have used is only a rough draft. The putting " in order by Professors Hunter and Sumichrast, assist- ed by some of the students," was limited to the books in the Mathema- tical and Modern Languages Departments, two of the smallest in the Library. The arrangement eventually proved to have been but partial, for, as stated in my report, when I came to take stock I had a great deal of trouble in collecting the works on similar subjects. 90 "The Reports, i. e., of Religious Bocieties, sent in 1868 by Dr. Akins," were left in the barrel in spite of there being ample room on many the shelves Dr. Akins repeatedly stated to me his regret that such reports should not have been taken care of. They were put on the shelves and arranged in proper order by me,, (vide report of l7th Feb., 1872) and not byJDr. Hensley, as wonldbe inferred from his statement. Many pieces of broken glass were mixed up with a heap of books and pamphlets in the cases A. and T. respectively. They did not all come from broken windows, some being apparently spare panes of glass to be used for mending. The slates were not confined to " one shelf," they were found in both the cases marked above. Many of these slates were broken, and whether spare slates or not, had no business there, as a place had been set apart for them on the outside of the Library. The plaster and broken bricks referred to did not come from " the fitting up of the Library last spring," but from the defective gable, the bad state of which (vide Visitor's Report on Visitation, 1871) was due "to the manifest neglect of the Bursar," the Bursar at that time being also Librarian. As regards the volumes resiored to the Library, there is reason for supposing that some might not have been returned, for a large number were returned secretly and in my absence, and only after Mr. Maturin's catalogue was found, and this, although nearly three weeks elapsed between the date of the Visitation and the date of my taking stock with fr. Maturin's catalogue. It is fair to conclude that all these volumns might not have been returned, since nothing was said at the Visitation by the person in whose possession they were, even though the late Librarian was at a loss how to account for the difference. And further that it is impossible, owing to the deficient ordering of the Library and the evident previously imperfect mode of recording books, to tell how many books are or are not wanting from the Library, as the following figures show : — Total No. of books in 1856, according to Maturin's catalogue 4923. «> '> of additions (in Dr. Hensley's handwriting) up to end of 1867 381. " " of additions since 1867, including 6 in 1867 not recorded by Dr. Hensley. v. Cal., 1 86 7-1 8 70 178. Total No. vols, actually on record as in the Library in 1871 5477. «« <• " counted in Library on 15th April, 1871 5600. << " " above No. recorded 177. But the numbers according to the exact reckoning in my catalogue are different : Total No. of books in 1872, according to Sumichrast's catalogue. . .6191. Of this No. only 208 have been added by gifts since count, on 15th 208. April, 1871, so that there have been returned 5888. since that date at least 388 vols .5500. 888. 97 t in 1868 by Dr. ig ample room on me his regret that ey were put on the port of l7th Feb., Prom his statement. I heap of books and Y did not all come lanes of glass to be " one shelf," they )f these slates were usiness there, as a the Library. The •om " the fitting up gable, the bad state ) was due " to the at time being also there is reason for for a large number after Mr. Maturin's iree weeks elapsed ay taking stock with it all these volumns lid at the Visitation ?en though the late rence. And further ; of the Library and g books, to tell how ary, as the following atalogue 4923. ng) up to end ............. 381. 7 not recorded rO 173. in 1871 6477. 71 6600. 177. ling in my catalogue 's catalogue . . .6191. count, on 15th 203. been returned 5888. .5500. 'Ill .-.v'ii- ;^ H> ^•s.vipgfi 4 388 volumns were certainly missing, and this is a large number to be lost in 16 years out of a collection of 6000 volumes, I cannot umlertake to say that tlierc are really ni more volumes missin;r. I find the oflicinl report of 1SG9 sets down tlie number in tlie Library at 6186, while with all the additions since tlien, consisting last year ot 203 volumes, I can only obtain the sum of 6191 in 1872, three years later. I now proceed to answer the questions put by yonr Lordship : \st Quest. — " Wliat is to be inferrod from statoiuent.s of the number of books issued in each year ?" An:i. — If in a yiiar when there were laanf studoi\ts there is but a small statuniont of books issued, the iiifcreneo is that either the opportunities of v')btai...iij^ boo'wS v,-";i singularly restricted, or that the registration was not rr '.'Ilia.'. Tf in iT y ^ i when there were few students the force of the inference mny be niminisheii, but not very greatly. •In' Quest. — " Can the Librarian be responsible for the books taken out while so many persons are allowed by Statute to have keys of the Library '?" Ans. — The Librarian can only be responsible for the books given out by liiniself. 1 prepared for tlie Resident (.Tovernors last year a note of the duties of a ]iropo:HMl permanent Library Committee. Among other matters I drew attention to the need of rules tor the management of the Library ; one rule to 1)(! that every bijok going out or coming in should pass through the i^il)rarian's hands. But if the Librarian neglects to register every book which he gives out himself, he must be held re-ipousible. In the case of the Inrgc number of volumes returned last year, I hold the responsibility to rest on t!ic Ollicers who had ihem out, and espiM'ially on the President, who alone bad mor,; than all the other Officers of the College, and who was the chief violator of Statute Cap. vi., Sec. 4., which orders the Registration of books, anil who, at the \ ijitation, breathed not a word of having such a large col- lection of Library books, over one hundred, in his possession. 'Ard Quest. — " Do you think 31 vols, to be a large number unaccounted for out of about 6000 vols, in the course of 10 years?" Aii.'i. — I have shown in my remarks on Dr. Ilensley's statement that 34 is not th(! number of vols, now missing, but an indefinite and probably much larger one. Taking the official return of 1809, viz : 6186, and adding to it the recorded 2l'J volumes added from that time to this, we obtain 214 as the number of vobi. still unaccounted ibr. Whether we take the number of 38» unaccounted lor last year or the number of 214 unaccounted lor now, the loss is far too griiat. 'ith Quest. — "Can you say what was the value of the coins missing when yon comj)ared the list ?" Ans. — I am not sufficiently versed in numismatics to state the value of the missing coins. I should opine, however, that the two gold coins were worth at least half a guinea each. oth Quest. — '* Have any coins been added to the collection since you became Librarian, and if so to what extent?" Ans. — Two have been added, one of copper, another of brass. The I'residentsenl mi'., shortly after my appointment, a number of coins presented at some anterior date, which, he .stated, he had retained till a safe place could be tbund for them, so that he evidently did not consider the cabinet of coins in its former place and under its former management secure. I desire in conclusion to draw your Lordship's attention to ray report on the Library of date 17th February, 1872, and to state that the 98 catalogue I made was not in any part copied from Dr. Hensley's, which I did not use, but solely from Mr. Maturin's and from my own original notoa. I have the honour to be, my Lord, Your obedt. servt., F. A. SUMICHRAST. (T) KiNo'a College, Windsor, May 28th, 1872. My Lear Lord Bishop, — The letter of Mr. Sumichrast, of May 23rd, 1872, needs little notice from me, beyond the pointing out of a few inaccuracies and inconsisten- cies. As to the fair copy of Mr. Maturin's Catalogue, your Lordship knows that we never had any copy but the present one. The insinuation against the President, that some of the volumes taken out by him '•'■ might not have been returned," is characteristic of its author. I leave it to the President to meet it, if he thinks it worthy of notice. The number, " 177 above number recorded," must surely be a mistake for 23. I draw your Lordship's attention to the perversion of 388 volumes taken out but not returned, first into 388 volumes missivff, and then into the same number lost. The number of books given in the oflicial Reports for 1866 and subsequent years was, as I stated at your Lordship's Visitation, fi'om guess, and not from actual counting ; and I maintain that tlie guess was a very good one, since, at the furthest, it was within 200 of the real number, and if the different copies of the same works were counted, it would probably be within 30 or 40. In the answer to a 2., Mr. Sumichrast speaks of the President as having over one hundred Library books in his possession. In his printed letter he puts the number much higher, from 240 to 300. The absurd inference in answer to a 3, as to the number of books lost, I have already disposed of in my remarks on the Official Reports. Your Lordship will remember that the Governors themselves drew the very obvious inference, from the documents, that Mr. Sumichrast had copied from ray Catalogue. But I cannot understand in what sense he employs the word use in the last sentence of his letter, when I remember that he asaurred me last summer that he had found it — my Catalogue — very useful, and when I find in various parts of my Cata- logue evident tokens that he made diligent use of it, and even ventured to correct it where he thought it inaccurate or deficient. Your Lordship's faithfully, J. M. Henslet. The Right Reverend The Lord Bishop of Nova Scotia. isley'a, which Qriginal notes. •vt., DMICHRAST. VlNDSOR, 28th, 1872. s little notice i inconsisten- rdship knows olumcs taken 3ristic of its it worthy of r be a mistake 388 volumes lud then into )r 1866 and itation, from he guess was ) of the real re counted, it President as [n his printed )er of books U Reports, iiselvcs drew . Suraichrast n what sense ;ter, when I ■ound it — my of my Cata- lan ventured Henslet. f 99 (Z) King's College, April 29th, 1872. Dear Sir, — I beg you will have the kindnflsa to inform me by return of mail — 1st — Who is to appoint the reporter named in the resolution published to-day, and have I the privilege of obtaining one, if I see fit ? 2nd — Is the enquiry to be conducted with closed doors, or in a public manner '! 3rd — Am I to be permitted the assistance of counsel ? 4th — What facilities am I to be afforded for substantiating the charges I have made ? I make this last inquiry in consequenoe of having already asked to inspect the instruments in their present state, and having been refused permission to do so. I have the honor to be, Your obedient servant, F. C. SCMICHRAST. The Rev. J. C. Cochran, M.A., Sec'y of Board of Oovemors of King's College. The following resolution was accidentally omitted at the foot of p. 18 : nth March, 1872. At a meeting of the Governors of King's College, it was — " Resolved, That Professor Sumichrast having signified his wish to resign his oflice as Professor of Modern Languages, his connection with the College shall cease on the 30th day of June next — such notice being in conformity with the terms on which Mr. Antonio Gallenga, of London, was authorized to engage his services." Extract from the minutes. J. C. Cochran, M.A., Secretary. 100 ii ENQUIRY INTO THE AFFAins QV KlNG^S COLLP](IE, A¥INDSOI^ FIRST H1CIII£:S. DOCUMENTS RELATING TO THE VISITATION IN 1871. "It rcmnins for lis to state on our folonin word of honor, tliat we are iiifliniu'cd by no otlier motives in our present action tlian a fixed detormiiiation to sustain liy every hononihie moans in our power the University of Kinjjf's C'olleire for the present and for future ^venerations. We are aware that it is possiMe the course wc iiave taken may expose us to tlie animadversions and reproaches of some of those wlio are nearly or remotely connected witli the Colle^ce ; for this we are fully prepared; and while wc utterly disclaim all personal, private and secret motives or impulses, we shall not hesitate to uphold our purity of purjiose in tlu- most public manner, if the nccBssity should at any time be forced upon us." — { \''ide Document No. Ill, page 11.) No. I. REQUISITION. To TUE Lord Bishop op Nova Scotia, Visitor of tiik Univkksitv of King's College : — Wo the undcnsigncd Governors of King's Collogo, rospoctfully call your Lordship's attention to the condition of the University of King's College. Wo state and are prepared to prove that in ten material and impt)rtant points the Statutes of the University are disregarded or infringed, ami in, consequence, the College has fallen into a disreputable condition especially in respect of discipline. We state that in consequence of (his disregard of the Statutes, the Iiil)rary, Philosophical Instruments, Museum, Library building, and College building are grievously damaged, and that this condition of the affairs of the College has a most depressing influence on some of the professors and on .some uf the students, and that it is more or less known in Windsor and throughout the Province. Wc state that there is no material reason why the College should not at the present time, be filled with orderly students, but the long continued and habitual neglect of the statutes, and consequently of order, discipline and proper instruction. We therefore respectfully request your Lordship, as Visitor to hold at your Lordship's earliest convenience, a Court of Enquiry, in accordance with ^-4i )Sol^ [ IN 1871. we nro iiifltunoed tion to sustain l>y s ColU'iro for the iscsiMe tlie I'ourso lat'lu's of Homi' of ir this we are fully ml secret motives pose in the most uijoii us." — C *''<'« a Univkksity of )ectfully call your ng's Collogo. ial and iiii|tortant infringed, and in, ition cspoeially in utcs, the Library, 1 College building lirs of the College md on some of the nd throughout the lege should not at mc continued and lor, discipline and Visitor to hold at in accordance with 101 Soo 2, Cap. I.,* into tbj present condition of the University and College. W(! also respectfully re(jue.'st that with a view to unfettered investigation no person holding r.flioe in the University or College to which pecuniary emolu- ment in attached, be a n»end)er of, or present at, your LordHliip's Court of ICiiijuiry, except for the purpose of Itolng examined by your Lordship. We append a li.st of the Statutes which are disrcgardod or infringed, with brief cuiiuueut.s and notes on the consequences of the infrlngonutnt. Wo have the honor to bo Your Lordship's obedient servants, THUS, MAYNAIID, M. A , Rector of Windsor. JOHN AMBROSE, M. A., Hector of Difjhy, HENRY Y. HIND, M. A. Governors of the University of Kimfs College. Wiiulsor, March 13th, 1871- 1 ('ap. TI. Sec. 5, t Til' delivery of Lectures and the attendance of Students at b;ctures, is very irregular. No record is kept of the attendance ot Students at lectures, as provided by the statut'.'s, conserjuently discipline is not maintained nor suital)le iiistru(!tioti secured. -. Clip. II. Sec 14.} No Proctor having been appointed by the Govern- ors at the eoniinenceinent of the Acadeinio year, discipline outside of the College walls lias been injuriously relaxed. 3. Cap. III. Sec. l.§ The Professors are required to subscribe declaration No. '2 in the Ap|)endix : this has not been done with regard to the Professor of iMatliematics and the Profes.sor of 3Iodern Languages, They are there- * " The Lord Uishni) of Nova Scotia, for the time heing, is Visitor of the same. It is his ofHee to take care that the statutes are ol)servecl. lie may summon before him, within the Collcf^e, the I'resident, rrofessors, and all other members of tiio University or (College, and examine them touching all matters whatsoever, relating to the University and College, or any of its officers or members, and more particularly as to their religious iirineiples and behavior. lie may admonish olf'eiiders, either publicly or privately, but shall not inflict any further punishment without the consent and concurrence of the Governors, or the major part of them." Statutes Cap. I., Sec. II. t " Residence shall be kept by attendance at the appointed Lectures, and by entering the name daily in a book to be provided for that purpose." Statutes, Cap. U., Sec. 5. t " A I'roctor shall be appointed annually by the Governors, whose duty it shall be to take care that the Statutes are not transgressed in thetown or neighborhood outside of the College."— Statutes, Cap. II., See. 14. § •• There shall be at least four Professors, of whom one shall be the President, and two others Fellows of the College. They shall subscribe the Declaration No. 2 in the Appendix. "-rStatutcs, Cap. III., Sec. 1 " I, A. B., do solemnly declare that I will perform all the duties of the office of——, to which I am appointed, according to the Statutes of the University or College of Windsor, to the best of my judgment and ability." Appendix to Statutes. Declara tion No. 2. 102 fore without responsibility, and they fool the neglect of this requirement as reflecting the character of the College. 4. Cap. V. Sec. 6. * There being no Vice-Prcsiclont appointed by the Governors, the whole internal discipline of the College has fallen into a di.s- reputable state, 5. Cap. V. Sec. 7 t 1'he Bursar having boon, unhappilv, made incap- able of active exertion, through prolonged illness [for 'ipward.s of a year] his duties connected with the doniostie arrangements of the College, the repair of the College buildings and the charge of the moveable property of the College, have been neglected and much disorder and dissatisfaction hnve occurred in the domestic arrangements and much damage done to the buildings aud moveable property of the College. 6. Cap. VI. Sec. 1 . Refers to the duties of the Librarian and the Museum, both of which have been grievously neglected, and in consequence of this neglect many books and pictures are injured or astray. The new Lib- rary building is in danger of being seriously injured. Some of the valualjle philosophical instruments and apparatus are urolccn, or out of order ; some coins are missing; nearly the whole of the natural history specimens are hope- lessly ruined, and the minerals and fossils are in utter disarrangement. Tlio Museum is a picture of di^''rder and neglect.} 7. Cap. VI. Sec. 2.§ This Statute with respect to the Library is ignor- ed or disregarded in so far as that persons have access to the library with- out having signed the declaration referred to 8. Cap. VI. Sec. 3. This Statute is wholly disregarded. *<«The Vice-President shall benomiaated by the Governors, annually. He shall reside in the College, and perform the duties of Dean, and shall be charged to watch over the morals and general behaviour of the Students within the College; he shall see that the exercises are duly performed, and that the Chapol and Hall are regularly attended." Statutes, Cap. V., Sec. 6. t " The Bursar shall be one of the Fellows nominated to this office by the Governors. He shall keep the accounts, which shall be audited at the end of every term by the President and Fellows, and shall be open at all times to the inspection of the Governors. He shall receive all payments due from the members of the University and College, and shall pay the servants, all of whom shall be immediately subject to his control. He shall superintend all domestic arrangements, and have charge of the buildings and moveable property of the College." Cap. V., Sec. 7. t " A Librarian, and also if requisite a Sub-Librarian, shall be appointed by the Governors, whose duty it shall be to take charge of the Library and of all things con- tained in it, whether books, manuscripts, or appar.atus, and they witli the President 'vnd Professors shall be the only persons entrusted with the keys of cases and closets in which valuable manuscripts, medals, coins, or other things liable to injury may bo locked up." Statutes, Cap. VL, Sec. 1. § " The Governors and all officers aud graduates who have signed the declaration in Appendix No. 3, may have a key of the Library, and take out books at any time." Statutes, Cap. VL, Sec. 1. " I, A, B., do solemnly declare, that I will observe all the Statutes and Regulations respecting the Library of King's College, Windsor, and I will not lend any of the Library books, and I will be careful so to use them that they may not be injured whilst in my possession ; and I will endeavor, to the utmost of my power, to prevent any other person injuring the books or anything belonging to the Library." Appendix to the Statutes, Declaration No. IH. I equirement as pointed by the Ion into a dis- ,', made incap- of a year] his , the repair of of the College, ve oocurred in buildings aud rian and tho in consequence The new Lib- jf the valuable of order ; some nens are hope- gement. Tho ibrary is ignor- library with- ually. He Bhall barged to watch egc; he shall see 11 are regularly y the Governors, ifery term by the af the Governors, unci College, and his control. He ic buildings and .ppointed by the f all things cou- h the President ;ea and closets in ) injury may be le declaration in 8 at any time." and Regulations lend any of the J not be injured ower, to prevent ry.'' Appendix 103 9. Cap. V, Sec. 3. Tho Statute which states that it shall bo the ducy of tho President to exorcise a general superintendence over every department of the College, is ignored as evinced by the existence of eight infringements of the Statutes recorded in the preceding paragraphs. 10. Cap VIT, Sec. 1. This Statute is rendered iuoffoctive because the officers whose duty it is to take note of irregularities and violations of rules inside ami outside of the College, namely, the Vice-President and the Proc- tor, have not existed during the present academical year. Note. — The absence of a College clock causes great irregularities in attPiidance at chapel, at lectures, at the Parish Church, and at meals. There are two clocks in tho Museum : one with the weights wound round it, the other with the pendulum in one part of the room, the body of the clock in another part.* This absence of order and strict attt-sntion to time is •Produc- tive of endless minor irregularities in the conduct of ohc College. No. II. THE VISITOR'S NOTICE. HiBBKUT nv DivixK Pkumlssion, Bisiicp of Nova Scotia. 2^0 the President^ Professors, and Students of King''s College, Windsor, Greeting : — Whereas, by the Act of Incorporation of King's College, it is enacted that the Lord Bishop of Nova Scotia shall always be ex-officio Visitor thereof, the powers and duties of the said Visitor being more particularly defined by the Statutes of the said College, Cap. I, Sec. 2, and whereas a requisition has been addressed to us by three Governors of the said College, complaining of the infringement of certain Statutes, of laxity of discipline, and of neglect, whereby the Library, the Museum, and the buildings belong- ing to the College have suffered grovious damage, in the opinion of the said Governors, and requesting us to hold a coui t of enquiry into the present condition of the said University and College. Now we Hibbert, Bishop of Nova Scotia, Visitor of King's College Uni- versity, do hereby give you notice that wo propose [D. V.] to hold a visita- tion of the said College in the College Hall, on Tuesday tho 25th day of April instanr, at ten o'clock in the forenorn, requiring you the President, Profes- sors, and all other Officers and Members of the said University and College to bo ready to attend whenever you or any of you shall be summoned before us in the course of the said Visitation, to be examined touching any raatters relating to the said University and College or the members thereof. Dated at Halifax, this seventeenth day of April, in the year of our Lord 1871, and the 21st of our Consecration. [Signed] HIBBERT NOVA SCOTIA. £L. S.] * One of the clocks alluded to in the text was ascertained to be an astronomical clock, and not suitable for daily use. At the close of the year 1871, no college clock had been provided. 104 No. III. King's CoLLEaE, April 25th, 1871. My Lord, — Your Lordship has boon pleasod to accede to our requisition, dated Wind- .sor, March 13th, 1871, that you should hold a Visitation at King's College, for the purpose of enquiring into the condiaon of the University and College It is therefore incumbent upon us to state with greater detail than is set forth in our requisition, the feelings and motives by which we are guided, and the object we have in view in soliciting the enquiry. As Governors in conjunction with our associates in whom is vested accord- ing to the Statutes, "the Government of the College and University, we occupy a position of trust,"* and the act of accepting the office to which we were elected by the Alumni involves the responsibilities of the trust subject to the Statutes, rules, and ordinances of King's College. But as Governors residing at Windsor, in possible daily communication with the Officers and Students of the College, wc are expected to be familiar with its general condition, and, if such exist, its exigencies and abuses. We believe that we are familiar with its general condition, and also that exigencies and abuses exist, which can only bo met and remedied by the action of your Lordship and the Board of Governors. We have carefully considered the best mode of endeavouring to remedy the defects and abuses of which we arc cognizant, and of avoiding any refer- ence which miglit appear invidious or tinged with partiality or prejudice. We have expressed our belief that the real cause of the present condition of the College is to be attributed to the infringement of the Statutes, and of such infringements we have enumerated ten which are material. We have also pointed out the grave omission of the Board of Governors (including ourselves) to perform their part in important details in conntMition with the trust confided to them, and we respectfully acknowledge the imme- diate action your Lordship took to supply the remedy as far as the Board of Governors were concerned.! We cannot conceal from ourselves that this omission might be urged as one reason for the laxity in discipline which exists in the College, while the holding of Board Meetings in Halifax, and the occurrence during the year of frequent difficulties in obtaining a quorum, may also be urged as prejudicial to the welfare of the College. We view with great satisfaction the memorial recently presented to the Board of Governors by the Faculty of King's Collegia It anticipates in a measure some of the conclusions at which we have arrived Tu the preamble the Faculty call attention to : 1st. — That " there is not sufficient inducement held out to Students to study." * " The Government of the College and University is vested in this Board. ' ' Statutes* Cap. I., Sec. 4. t This was tlie immediate appointment by the Board of Qovernors of a Vice-President and a Proctor. 105 1871. lated Wind- 's College, cl Collogo than is set »ui(lecl, and Istod accord- livci'sity, wo to which we 5t subject to nmunieation he familiar uses. 1(1 also that died ]>y the g to remedy ig any refer- jjudice. Mit condition tutes, and of of Governors n conne(!tion •fe the imme- tho iJoard of be urged as ye, while the 5 the year of s prejudicial 3nted to the ticipates in a he preamble^ Students to I." Statutes* '^ice-President 2nd. — " That the future of the College is at present very doubtiul ; '* which, &c. 3rd. — "That the Professors are at present completely prevented from making a name for themselves." 4th. — That the University is at present in a " torpid state." Wo now advert more particularly to the consequences of some of the infringements of the Statutes : 1st— THE LIBRARY. We consider a large and valuable College Library as a most important trust, and that its preservation and maintenance is a duty wo owe not only to those by whose munificence and liberality it has been established, increased and maintained, and to those who derive and may derive present advantages from it, but also to all who in the course of time may come after us in asso- ciation with the College. In the statement of the condition of the Library which we are prepared to offer in detail, as derived from the Register ordered to be kept by the Statutes, explanations on tho piirt of the Librarian may very largely modify the results submitted. »- : ^ We greatly regret that tho loss of the Catalogue of the Library, provided some years since by the Board of Governors, has limited the remarks we have to offer, and to a certain extent cramped our enquiry.* The Register, such as it is, shows : Books not entered as *' roturncd'" 136 " not distinctly specified as " returncd"t 28 " marked " returned" without date 106 " . «' "purchased" 185 Total number of bound volumes according to the Official Report of 1806 5800 " " " " " " " of 1807 6000 «« «' »« " «' «' «' of 1808 , 6060 •' »« " •« «« " " of 1869 6186 Total number of volumes, including Pamphlets and volumes in paper covers, counted in the Library on the 15th April, 1871 5644 , Number entered as lent out this year , 66 5696 Estimated number of Pamphlets 196 Total number of bound volumes in tho Library and lent out during the year 5600 Number of bound volumes not accounted for according to tho Register, not in- cluding those not specified as not returned, and those purchased in 1869. (12) 674 The number of bound volumes unaccounted for amounting to nearly seven ♦ It eventually proved that the Catalogue of the Library had been lent by the then Librarian who had forgotten the fact. + The explanation given by the then Librarian showed that the books " not distinctly specified as ' returned,' " had been returned to the Library. 106 hundred (674),* maybe interpreted as reflecting on all Governors, oflBcers and graduates who have had access to the library under Statute, Cap. VI, Sec. 2, as well as upon all students and persons who have had access to the Library by permission, whether duly authorized or otherwise The irregularities of which we complain extend more or less over a period of sixteen years, and notably over the last six years, as shown by the unex- flained list in detail, deduced from the register, which we herewith submit. t t is unnecessary to comment upon the moral influence of this condition of the affairs of the Library, as exhibited by the Register upon students and oflicers of the College. The importance of the contents of the Library has not been underestimated at any time by the College authorities, for during eight successive years the College Calendar has contained the following paragraph. (Cal. 18G3 to 1870 inclusive) : " There arc many thousand books on the shelves, but the number by no means gives an adequate idea of their value. Contrary to what is generally the case in such large collections, this Library contains very few volumes which would not be looked upon as valuable, while some of the works are very rare, and to be procured only at large prices." The condition of the new Library Building erected by the nmnificence of the Alumni, and formally handed over to the Governors in 1805 speaks for itself. Its boarded up windows and tottering east gable are sufiiciontly distressing. With regard (o the internal arrangement, we are prepared with plans ♦ The result of the enquiry into the difiference between the number of volumes oflBcially returned to the OfiBce of Education and that counted in the Library at the date given above went to show that the official numbers might have been guessed at. However, on the subsequent appointment by the Board of Governors of a new Librarian, and on this official calling in all books belonging to the Library, over ihree hundred (300) volumes were returned, of which only a small proportion was registered as lent out. t Table showing the number of Books lent out of the Library f^-om 1855 to 1871 as far as can be ascertained by careful analysis of the Librarian's books and Registers : — Year. No. of Vols. 1855 35 1856 177 Entries begun only on Sept. 3rd. ♦ 1867 293 1858 260 1859 297 1860 426 1861 226 No entries between March Ist aud Sept. 6th. 1862 457 1863 360 1864 234 1865 198 1866 128 1867 98 • 1868 31 1869 44 1870 19 1871 133 From Jan. to end of March— after receipt of letter from the Bishop. 107 |nors, officers Cap. VI. Jccess to the Ivor a periotl Jjy tlie unex- (ith submit.! Viition of the anil officers k'stimated at |ve years the ^al. 18()3 to lo nicnns gives I in such large pokeci upon as only at large lunificonco of ^^ speaks for sufficiently [d with plans er of volumes [library at the !n guessed at. )rs of a new ry, over three was registered 55 to 1871 as Registers :~ showing how the books, together with the contents of the Museum, (as year by year since 1863, stated to be tbo intention of the Governors, (See Calendar,) may bo conveniently arranged, and with very little additional outlay, many of the necessary cases and shelves being already provided, and some of them standing unused in the old Library. We would point to the great ..dvantages urged for eight years by the Governors, which such an arrangement would present for teaching purposes, and also to the effect it would produce upon visitors to the College.* THE MUSEUM. The Museum, small as it is, has from time to time been enriched by dona tions from the Alurani, the College, and private benefactors. The Professor of Chemistry and Natural History has greatly di.stinguishcd himself by his ability and industry in arranging minerals and botanical specimens for Exhibitions abroad and in the Province, as the following list of Medals, of Diplomas, of " Honourable Mention," and of prizes sufficiently attests. " It is worthy of note, that Dr. How has obtained two awards of Medals from the Jurors of the International Exhibition 1862, for Minerals of Nova Scotia, collected and arranged by him These Medals being in Class I., referring to Mining and Mineral products, and in Class XXIX., referring to Educational woiks and apparatus. The Professor has also been distinguished by two Diplomas of " Honourable Mention " issued by Her Majesty's Com- missioners in London, one in Class X., for Building-stones, the other in Class III., for a collection of Medicinal and other Plants of Nova Scotia." — (Calendar for 1863, page 27.) AT THE PROVINCIAL EXHIBITION, 1868. Best Collection of Minerals arranged Mineralogically, 1st Prize, Professor How, D. C. L $25 00 Best Model Cabinet of Minerals for illustration of lessons on Mineralogy in Public Schools, 1st Prize, Dr. Henry How, King's College .'?20 00 In the Calendar for 1865, the Governors state, " His (Professor How's) scientific assistance has been rendered to the Nova Scotia Commissioners to the Dublin Exhibition, (as formerly to that of London in 1862,) to which a contribution was loaned under Dr. How's selection, from the Mineralogical Cabinet of the College." While we recognize these proofs of ability and industry with the greatest * A correspondent of the Halifax " Morning Chronicle" thus describes the appear- ance of the Hall after it had been renovated and the books arranged under the superintendence of the Governor's Committee. '• The beautiful appearance of the Hall, the perfect arrangement of the Library and Museum, elicited universal admiration, and infinite credit is due to those Governors and others concerned with the College who have brought it all about, and worked such a transformation from the dirge (dirty f) and slovenly look of former years. I question whether any of our public buildings can show a more tastefully decorated room, or one so richly furnished with valuable books and well ordered museum. I advise your readers to procure the Windsor " Mail" of Tuesday 20th, and keep it for future reference as a carefully prepared account of the varied contents of the Library." Morning Chronicle, July 1st, 1871. 108 satisfaction, and consider them to be highiy creditable to the College, why, we are compelled to ask as Governors, is the Museum permitted to remain in such a comparatively bare, ill-arranged, and, for teaching purposes, almost useless condition ? It may bo observed that with reference to the Museum, no contributions are recorded in the Calendar since 1868, and that since the year 18G3, there has been in regular sequence, year by year, the following paragraph : " The additions of Minerals, Fossils and Zoological specimens noted from time tu tlino in tlio periodical reports, obtained by collections, donations and exchanges, have greatly increased the value of the College Cabinets. It is hoped that when properly displayed in the new Hall, these illustrations of the Natural History of Nova Scotia and other parts of the world will be not only of service to the Students, but of attractive interest to visitors." — Calendar from 18G3 to 1870. With regard to other infringements of the Statutes alluded to in our requisition, we respectfully solicit your Lordship to request that the documents enumerated in the appended list be produced. It remains for us to state on our solemn word of honour, that we are influenced by no other motives in our psescnt action, than a fixed determina- tion to sustain by every honourable moans in our power the University of King's College for the present and for future generations. We are aware that it is possible the course we have taken may expose us to the animadver- sions and reproaches of some of those who are nearly or remotely connected with the College ; for this wo are fully prepared, and while we utterly disclaim all personal, private and secret motives or impulses, we shall not hesitate to uphold our purity of purpose in the most public manner, if the necessity should at any time be forced upon us. Finally, we venture respectfully to submit to your Lordship that this enquiry may be conducted in two ways. Firstly — That after your Lordship has satisfied yourself of the general truthfulness of our allegations, they be admitted without further enquiry, and the admission be recorded on the Minutes of the Board of Governors ; that a committee be appointed consisting of the President and Professors of the College, the requisitionists, and the President of the Alumni to draft, at their earliest convenience, a scheme for the consideration of the Board of Governors, which shall comprehend the entire remodelling of the University and College in all its departmeats ; also a draft of a plan for raising addi- tional funds and obtaining benefactions to the Library and Museum, both in the Province and abroad ; that they proceed to arrange the Library and Museum in the new Hall, so that it may be in complete order at the next Encoenia, according to the accompanying plan, or any other plan approved by your Lordship, and that they proceed to the preparation of the Calendar for 1871, so that it may bo printed and ready for distribution at the next Encoenia. Secondly — That the enquiry bo pursued in extenso. THOS. MAYNARD, M. A., HENRY Y. HIND, M. A., "* Governors of King^ s College. 109 } Nc. IV. REPORT OF THE VISITOR OF KING'S COLLEGE* 8tii May, 1871. Having been called upon by throe Oovornors to bold a Visitation of. King's Collogo, ill conse(|ueiK'o of alleged negloct of Statutes, &c., I ap- pointed April ii5, at 10 a. ni., to meet the Prchident, Pnifossors, &c., in the College Hall. Tlio requisition alleged 10 material infringements of Statute.'', wbieh were taken up as follows, the (5omphiints being here mentioned by number : No. 1. — [Cap. II., Sec. 5. — The delivery of lectures aivl the atlendanoe of Students at lectures is very ineguliir. No record is kept of the iittcndnnoe of Stuileuts at lectures as pi'ovided by the Statutes, consctiucntly discipline is not maintained or suit- able instruction secured.] Ansivcr — No record is required by Statutes, f but it was agreed that each Professor should keep u li.st of attendance at his lectures, and produce it at the weekly meetings of the Board of Discipline. With respect to book mentioned in Cap. 11. , Sec. 5, it was thought that it sliould be kept at the Chapel, nud uaiiies should be entered there. No. 2. — [Cap. II., Sec. 14. — No Proctor iiaving been appointed by the Governors it the commencement of the Academical year, discipline outside of the College walls has been injuriously relaxed.] Auswered by appointment of Professor How, but the Secretary has uot notified this appointment. I^. 3. — [Cap. III., Sec. 1. — The Professors are required to subscribe Declaration No. '1% in the Appendix. This has not been done witli regard to the Professor of Mathematics and the Professor of Modern Languages. They are, therefore, without responsibility, and they feel the neglect of this requirement as retlectiug the character of the College.] *NoTA Bene. — The Visitor's Report is in large type. The references and foot notes in small type are addcludcn(s. i'hc Ucsideni'f iJiiok -l-'ap. II., Scr. ;) Sot kept. Tho Matricula or Rc^iistiT — Cap. II., Si-c. I. .\<)l /noiluecd. The Hull's and lli-gulalinns of tiii' College. I'lmliiccd. Tlic Account Book 111' tin Bmsar — t'aj). V., Sec. 7. Xol prclnci'il. The Minutes of the Bo.ii'd ot' I )isci])|iiii'. t'liiilnrtil. Tlu' Catalogue ot'tlic l^ihrary. Lant. I'hi' Register of the Library from IHH^i — Cap. VI., Sec. 4. Pnxlncnl. A list ol the I'hilo.iopliical Insi niuu'nts. witli luief notes as to tlieir condition. Xul iHndincd. Tlie Catalogue (»f I lie Miiseiiin. X"l. /tnidnced. The Itecord of Donations or Benefactions to the {..ibrary aud Museum. See < 'alendai'if. lEQUISITIONISTS. College, held 8th May, , be presented to Trofossor jrnors of the College, lor liich they have conducted I reported on the suliject 1-, signed by them, together d on the Minutes." C. COCURAN, M.A., Secretary.