OF
J, N. Campbell, J. C. Wright, and L. S. Chatfield;
AND OF
David Buel, Jr. and PE S. Van Rensselaer,
OF THE COMMISSION TO EXAMINE INTO THE PECUNIARY AFFAIRS OF
UJNION COLLEGE.
ALSO,
THE MEMO310IALS
OF THE PRESIDENT AND TRUSTEES OF THE COLLEGE
IN REFERENCE TO SAID REPORTS.
SCHENECTADY.~
RIGGS, PRINTE R-STATE-STREET%
1853.








OF THE MAJORITY OF THE COMMISSIONERS TO
EXAMINE TE THE AFFAIRS OF UNION COLLEGE.
MADE TO THE SENATE, MARCH 4, 1853.
AT a meeting of the commission on the affairs of Union College, held
this day, March 1, 1853, were present the Comptroller, Judge Buel,
P. S. Van Rensselaer and J. N. Campbell, when it was agreed by the
undersigned (Judge Buel and Mr. Van Rensselaer dissenting,) to send
into the Senate the following report, viz:
To the Senate of the State of _New- York:
The undersigned, members of the commission appointed by the resolution of the Senate adopted April 12th, 1851, " to examine into
the pecuniary affairs of Union College, and report upon the same,"
respectfully submit the statement, under oath, of their accountant herewith transmitted.  This statement is the result of the examination
made by the accountant of the books and vouchers of Union College,
delivered to him by the officers of the College, and is believed by the
undersigned to be a true and full exhibit of the pecuniary condition of
that institution as presented by said books and vouchers, as authenticated annually by the treasurer thereof.
From this statement it appears that the whole amount received by
the College is,
Original grants and endowments,.................      41,258 731
Grants and endowments by the Legislature,..o....  704,836 64
Bequests and donations,...............,  785 00
Sale of old college buildings,....*......o...eo.. 78,766 79Revenue above expenses,....o...............e  432,095 61
$1,257,742 78
Whole amount of property now held by the College.
College buildings, real estate, library and apparatus,. $197,279 942
Investments a  a a  o o o   a a......................e...  e.....   142,321 18




4
Liabilities.
Permanent fund,o. o......,..    0 o...... $138,656 44
Grants for library and apparatus unexpended,.....    17,648 04
[For revenue,...     G...,....,.......  0     57,906 51:-~
Debt,..0  o e oaaa......a..... a           0    21,260 07
$235,471 06'
To meet which investments, *      e    o......)...            142,321 18~
Deficiency,................,,.......  $93,149 88
President's indebtedness.
Hunter and Stuyvesant property,.....e....... o. e  184,256 06
Interest%.. O O    O...a 0. o.  a. a 0 o  o     a e    c o o o  50 e 0 o o o ID' 4,770 1'3
Other debts,.................,......... 191,509 40
Interest,..O o............. 0 0    6         -    o   o o.  o   322,254 05
$885,789 62
President's receipts from Yates & McIntTyre from lotteries, indepenm
dently of college lotteries, G1...... @....... $192,199 94
From Union College, exclusive of President's fund,,,   107,687 44
$299,887 38
J. N. CAMPBELL.
JOHN C. WRIGHT.
I have cursorily examined the balance sheets and statements of the
accountant employed by the commissioners appointed to examine into
the pecuniary affairs of Union College, and concur in the above reportL
L. S. CHATFIELD.




REPOFT
OF THE TMINORITY OF THE CO3MMISSIONERS APPOINTED TO EXAMINE THE AFFAIRS OF UNION COLLEGE.
To the Honorable the Senate of the State of Xew- York:
The undersigned, two of the commissioners appointed to enquire into
the pecuniary affairs of Union College, by a resolution of the Senate of
the 3d July, 1851, to join a commission previously appointed by a resolution of the 12th April, 1851, and specially instructed in respect to
their duties, by a resolution of the 28th June, 1851, respectfully ask
leave to express their dissent from the action of two of their number,
not constituting a majority, in presenting to the Senate the statements
of the accountant employed by them to examine the books of Union
College.
By the terms of the said resolutions, the undersigned can not but
understand that the commissioners were not only to emnploy an accountant to examine the books and accounts of the College, and prepare
statements exhibiting the results of such examinations, but they -were
bound to verify those statements and results themselves, and to investigate and report in the terms of the resolution of 28th June, "whether
the funds granted by the State have been duly applied to the objects
sp-ecified in the respective grants," "whether the permanent funds so
granted remain entire and are safely invested," "' whether any funds
belonging to the College have been applied to any personal purpose by
the President, or any other officer or person," " whether any and what
losses have occurred in the management of the College, and the cause
of such losses," and "whether the President or any other officer has
participated in the profits of any lotteries which were appropriated by
the aets granting such lotteries to Union College."
The requirement to report on all these points, implies by the very
force of the term, that the commission were to form and express their
own convictions from an examination of the evidence.
The undersigned can not suppose that two of the highest executive
officers of the State and three Regents of the University, were com



missioned merely to appoint an accountant and transmit the result of
his labors to the Senate —a duty that might as well be performed by
the president or secretary of the Senate.
On the first of March, inst., the first meeting of the commissioners,
since the completion of the accountant's duties, was held, at which four
of them were present, and at which the statement and schedules, which
the accountant thought it necessary to make, were laid before them.These statements and schedules are quite voluminous, and the undersigned have had no sufficient opportunity to examine them and form
any opinion of the principles upon which they have been made out, or
the data on which they are founded; nor was there any explanation of
those principles and data given to the commission.
The resolutions require the commission, or a majority of them, to
visit the college and examine its officers and other persons, touching
the subjects to be investigated. This duty has not been performed by
any of the commission, although invited by a letter of July 23d, 1851,
from a committee of the trustees to do so, and to apprise the committee
of the time and place of such meeting, and proffering their assistance
in the investigation.
Neither the president nor the trustees have had any opportunity of
examining the statements and schedules submitted by the accountant,
or of making any explanation of them, or showing any errors therein;
and previous to the last meeting of the commission on the 1st of March,
inst., another letter was received from the committee of the trustees,
soliciting an opportunity for such examination.
The undersigned were desirous of affording them such an opportunity, but the two members of the commission above referred to, refused to afford such an opportunity, and insisted upon transmitting to
your honorable body, the statements and schedules as prepared by the
accountant.
To this course the undersigned could not assent for the reasons above
given, and they wish by this communication to exonerate themselves
from the responsibility of such a proceeding.
DAVID BUEL, Ji.
P. S. VAN!RENSSELAERo
Albany, Miarch 3d, 1853.




MEMORIAL
OF THIE PRESIDENT OF UNION COLLEGE.
2'o the Honorcable the Senate of the State of New-York:
The memorial of the undersigned, president of Union College, respectfully showeth,
That on the 12th of March, 1849, the members of the committee on
colleges, of which the Hon. James W. Beekman was a member, procured the passage of resolutions in the Assembly, requiring a fiscal report from the trustees of Union College.
That report was made, and the same committee, of which Mr. Beekman was a member, were directed to visit the college, and report the
result of their examination to the subsecluent Legislature.  That duty
was performed, and the committee disagreeing, two reports were made,
the one by Mr. Beekman, censuring the president and trustees; the
other by Mr. PuLyn, defending the conduct of both.
To the charges in the report of Mr. Beekmran, the treasurer of Union College replied, and in so satisfactory a manner, that the Assembly refused to take any further notice of the charges contained therein,
On being informed of this, Mr. Beekman, who in the meantime had
become a member of the Senate, moved in that body a resolution requiring the Conmptroller and Attorney General to examine and report
on the fiscal condition of said college.
On the 7th of February, 1851, the Comptroller reported to the Senate, that he had been unable to~attend to the duty assigned him.
On motion of the Hon. Senator Beekman, this report of the Comptroller was referred to the committee on literature, of which the Hon.
Senator Beekman was chairman.
On the 12th of April, the Hon. Senator Beckmian, without giving:any intimation of his purpose, made an elaborate report, in which the
charges previously made by him in the Assembly were repeated, new
charges added, and the conclusion previously arrived at, re-asserted, to
wit:  " That the fiscal conditionz of Union College is unsound and
improper;" and having made this report, he moved " that the Comptroller, the Attorney-General, and John N. Campbell, one of the Regents of the University, have power to employ a skilful accountant,




8
and send for persons and papers, to examine into the pecuniary affairs
of Union College, and report upon the same to the next Legislature."
(Senate Journal, 1851, page 526.)
This ex parte report made by Senator Beekman at the very close of
the session, was printed, and many extra copies of it gratuitously circulated throughout the country.
To the charges made and cldelinquencies set forth therein, as soon as
a copy thereof could be obtained, an answer was prepared and ordered to be published.
At the extra session of the Legislature convened in June following,.
a resolution was, at the instance of the trustees, passed by the Senate,
directing the commissioners themselves, personally to visit the college,
re-examine the proceedings already had, and to investigate and report
to the Legislature on five specific points, derived from the general and
sweeping violations of trust imputed in the report in question, to wit:
"1. Whether the funds granted by the State to Union College
have been duly applied to the objects specified in the respective grants:
" 2. Whether the permanent funds so granted remain entire, and
are safely invested:
"; 3. Whether any funds belonging to the college have been applied to any personal purpose by the president, or any other officer or
person:
" 4. Whether any and what losses have occurred in the management of the college funds, and the causes of such losses:
"5. Whether the president, or any other officer, has, while in the
employment of the college, participated individually in the profits of
any lotteries which were appropriated, by the acts granting such lotteries, to Union College; and that the commission appointed by the
resolution referred to, or a majority of them, be empowered to employ
some person authorised by law to administer an oath to persons examined by such commission."
And two additional members, Messrs. Buel and Van Rensselaer,
were added to the commission.
As there now seemed to be a reasonable prospect that in place of
another private ex parte inquest and condemnation, on vague and
sweeping imputations, a fair and open trial on specific and previously




9
~tated charges, was at length to be obtained, the undersigned at once
suspended the printing of the answer to Senator Beekman's ex parte
report, and placed the books of the college at the disposal of the accountant appointed by the commission.
Both these acts were performed by the undersigned, on his own
responsibility, and contrary to the expressed opinion of the legal members of the board, who insisted that an examination of the same, by
an accountant entirely ignorant of the transactions concerned, exposed
to the influence of the accusing party, and in the absence of the party
accused, could not be expected to be either correct or impartial.
Not partaking in these forebodings, and knowing that the books
contained nothing that any trustee or officer of the college wished to
have concealed, the undersigned, desirous of a thorough examination
of the same, and an impartial exhibition before the public, of the contents thereof, called on the chairman, and afterwards on other members of the commission, and stated what he had done; and added that
when the accountant was through with examining the college books,
the undersigned would place confidentially his own books, which contained still fuller accounts of the transactions complained of, at the
disposal of the commissioners for examination, that nothing would be
concealed, but on the contrary every facility furnished for becoming
acquainted with the entire truth; and that in place of publishing the
answer, already in the press, to the charges which had been preferred,
the same would, after having subjoined thereto the requisite supplementary evidence, be presented to the commissioners as a part of the answer of the trustees.
And finally, that what the trustees desired was, that a thorough examination might be had, and that they might have an opportunity to
meet their accusers face to face, to reply to the charges made, and explain the difficulties that might require explanation.
The chairman approved of the course adopted and assured the undersigned as he did another trustee, that a thorough examination
should be made by himself, and that when the accountant was through
with the books, the commissioners would visit the college, make the
requisite personal enquiries, and give the trustees the requisite opportunity for meeting the charges made against them  and explaining the




10
difficulties which might arise, and added to the undersigned that the
answer prepared to said charges, if presented to them as proposed,
should be presented with their report to the Senate.  Similar comrn
munications were made to other members of the commission and similar assurances received by the undersigned and by other members of
the board of trustees.
The same communications made to the chairman and other members
-of the commission, were also made to the accountant; and an assurance was given by him that if any difficulties were met with, they
should be presented to the trustees for explanation, and that the result of his examination should be exhibited to the trustees for examination before the same was presented to the commissioners for action.
And just before the accountant finished his labors, the undersigned
received from  him  information of the fact, accompanied by the assurance that he was now coming to Schenectady, and should bring with
him the schedules which contained the result of his labors for examination and comparison.  Nor was a doubt entertained that this would
be the case, till informed by the public papers that his statements had
been made and acted on by the commissioners, transmitted to the Senate, and ordered to be printed.  The course adopted in this examination will neither be made the subject of comment or complaint, though
not precisely such as the undersigned, under a change of chrcumstan-,es, would have felt himself at liberty to pursue.
Still it may be permitted him to add that if any such balance as is
-stated in the report of the commission exists against him, or indeed, if
any balance whatever, the trustees, the president and the treasurer
will, it is hoped, be pardoned for not having themselves discovered it,
since no traces of its existence will be found to exist in any books of
the college delivered to the accountant for examination, or in any oth-:er books ever in their possession, or known by them  to exist elsewhere; and though guided by all the lights which a personal transaction of the business afforded, they have hitherto supposed that the
college  was indebted  to  its president,  and  not its president
to the college; still, were it otherwise, and were evidence furnished that any indebtedness on his part existed, either in law or
equity, no matter whence that evidence was derived, he should meet
it cheerfully. And this the more cheerfully, as the amount, whatever
the same might be, would go to augment the resources of an institu



11
tion in the furtherance of whose interests he has spent the greater portion of his life.
That there are outside the college books, unlicquidated items of account connected with other accounts not yet in a state for liquidation,
kept partly by the treasurer as directed by the board, and more fully
by the president, in relation to property gratuitously set apart by him,
and by him secured to the ultimate use of Union College or some kindred institution connected therewith, are facts which though not hitherto desired by him to be made public, can not be denied.  The right
of supervizing and controlling this property during the natural life of
the president, has been reserved by him. Still the aid of the treasurer and of the finance committee in this behalf has often been required, and the trustees generally have been kept confidentially informed
in relation thereto. All which matters, though as yet private and
confidential, have together with the books and documents in relation
thereto, been submitted for the satisfaction of the successive committees heretofore appointed to examine into the fiscal affairs of Union
College; and all which matters and the books and documents in relation thereto would in like manner have been submitted to this commission, had an opportunity for doing this been afforded, as the undersigned, as well as other members of the board, were assured would
be the case.'Were even these unliquidated accounts examined, and the debits
and credits as they exist therein, truly transferred to the balance sheet
made out from the books, or were the balance sheet of the books as
the bebits and credits exist there, truly exhibited by itself, it would
change the whole aspect of the expose now made public, and present
the undersigned, as is well known to those conversant with the fiscal
concerns of the college to be the case, not as a debtor but a creditor
of the same.
But with respect to debits which have never been known to have
existence in any previously existing books of account, introduced arbitrarily and in the absence of both the parties concerned, and without the knowledge of either, into a final balance sheet, if any reply
were necessary, it could only be made by a simple and explicit denial
of their having any foundation in truth.




12
Since these things are so, it is not perceived on what principle of
public justice or private expediency it has been deemed proper to
make a false issue, and disturb the public mind by an apprehension of
the misapplication of trust funds, which apprehension the ultimate
publication of the truth and the whole truth, must dissipate for ever.
It is painful to the undersigned to speak thus, or to speak at all on
a subject on which he had hoped to have been permitted to remain silent, till the revelations of the tomb should have silenced calumny and
rendered inquiry for ever thereafter unnecessary.
But since this has not been permitted, and since nothing but the
truth which has been perhaps too long withheld, will disabuse the publie mind of the slanders which have been so long and so industriously
circulated, and since neither the trustees nor the undersigned have
been permitted, as promised, to present their answer to the charges
heretofore made, it is confidently expected that the Senate will, as an
act of justice to both, appoint an impartial committee from their own
body, before whom the undersigned may appear, with the trustees of
the college, and answer to the charges heretofore made, as well as to
the charges now made in the ex parte report of a portion of the late
commission.         All which is respectfully submitted,
ELIPHALET NOTT,
YMarch 16, 1853~




OF THE TRUSTEES OF UNION COLLEGE..fo the Hon. the Senate of the State of New- York:
The memorial of the undersigned, the treasurer of Union College, ir
behalf of the trustees, respectfully shows,
That they have learned by the public newspapers that voluminous
statements and schedules have been laid before your honorable body,
purporting to be the results of an examination into the pecuniary affairs
of Union College by Mr. Vanderheyden, an accountant appointed by
a commission co-nstituted by your honorable body in 1851.
That the said commission was organized upon, and in consequence
of a report of the literature committee, of which the Hion. Mr. Beekman was chairman; that the said report was made upon an ex parte
examination, without any opportunity to any trustee or officer of the
college to explain or correct any of the statements therein contained,
and at so late a period of the session of the Senate, that there was no
time for any examination thereof and reply thereto.
That the said commission, in Junle and July, 1851, was augmented,
and special instructions to enquire into and report upon certain specific
points were given, and they or a majority of them were required personally to visit the college and re-examine the proceedings theretofore had in relation thereto, and investigate the facts, and were authorized to employ a proper officer to administer oaths to the persons examined by them.  And that thereupon, in July, 1851, a committee of
the trustees of Union College, specially appointed for that purpose, addressed a letter to each of the commissioners, professing their readiness
to enter on the investigation, their desire that it should be prompt, and
soliciting the appointment of a time and place for the meeting of the
commissioners.*  That no answer was given to the said application,
except by two of the commission, Messrs. Buel and Van Rensselaer;
that no time for a meeting of the commission had been appointed, and
their readiness to attend one when called.' See note, page 16




14
That an accountant Was appointed to examihe the books of account
of the college; that he and an assistant have been engaged in such examination, in searching for evidence in other quarters, and in copying
from the public records of Schenectady county.  That neither the accountant or his assistant has sought for any explanation from the treasurer or any other officer or trustee of the college, in reference to the
matters of enquiry committed to them.  Mr. Vanderheyden some
months since, and repeatedly afterwards, voluntarily informed the acting treasurer and the acting register of the college that he would call
upon the president, when he arrived at the subject of the lotteries, for
information and explanations; and he has made similar communications
by letter and otherwise, and that he would visit the college and submit
to the president, for examination, his schedules, before the same were
submitted to the commissioners for their action thereon.  That this information was communicated to the trustees, who refrained from any
movement on the subject, in full faith that they would have ample opportunity to examine the saidl statements before they were submitted
for the action of the commission.
That such statements were never submitted to the treasurer or any
officer of the college, and the trustees have had no opportunity of exd
amining them.
That some of the trustees having learned that the said statements
had been submitted to the commission, and that a meeting of that board
was to be held to consider them, in the early part of the present month
of March, previous to such meeting addressed a letter to each of the
commissioners, soliciting an opportunity of being heard by the board
in explanation of the said statements, and to correct them, if necessary,
before they should be acted upon by them, and sent to the Senate,
No such opportunity has been afforded to the undersigned, or any
officer or trustee of the college; nor have any of the commissioners, to
the knowledge of the undersigned, visited the college or examined any
of its officers. Yet the said statements, as the undersigned learns from
the public newspapers, have been transmitted to the Senate by a majority of the commission, in opposition to the opinions of two of theixr
number, and have been ordered to be printed.




15
The trustees earnestly desire a full and thorough examination of their
pecuniary affairs, believing as they confidently do, that it will result in
the entire refutation of the calumnies that have been circulated on that
subject; and they claim an opportunity to explain and correct the said
statements before a disinterested and impartial committee of your honorable body, which cannot well now decline proceeding with and completing the investigation into the several specific subjects ordered to be
enquired into and reported on, by yourselves.
They therefore pray the appointment of such a committee, who will
possess legal authority to compel the attendance of witnesses, and the
production of papers, which has become the more necessary from the
secret and ex parte examinations which the undersigned learns have
been made by Mr. Vanderheyden, under the authority of the chairman,
of the commission.                    ALEX. HOLLAND,
Treasurer of Union College,
March 12, 1853,




UNION COLLEGE, 
Schenectady, Judy 23, 1851.
GrENTLEMEN, —The undersigned have been appointed by the trusm
tees of Union College to attend before you and assist in the investigation of charges which have been made and extensively circulated, and
which are calculated to impair the confidence of the public in the insti-b
tution, and to injuriously affect the reputation of its venerable and distinguishecl President.  Believing, as the Board of Trustees do, that
these charges have no foundation in truth, they are anxious that a
speedy as well as full examination of the subject should be had.  We
therefore request that the earliest practicable day should be appointed
by you to commence the investigation, and that all the investigating
commissioners should attend thereon.  We also desire to be informed
of the time and place of meeting, and that the members of the Senate
committee by whom the charges have been brought before the public,
should also have notice, and that they be requested to furnish with the
evidence upon which the report was based, and the sources of information to which you are to apply for evidence in support of the charges
contained in their report.
Permit us to suggest, that if the convenience of the commissioners
shiould render it necessary to carry on the investigation at any place
other than the College, that such investigation may take place during
the present vacation, as it will be necessary that several officers of the
College should be present to give the requisite explanations of complicated accounts which have run through more than half a century, and
such officers cannot be spared from their duties from the College during the collegiate terms, to attend the meeting of the commissioners at
any other place without serious detriment to the institution.
We are with respect, yours, &c.
R. H. WALWORTH,
R. M. BLATCHFORD,
A. HUNT,
B. R. WOOD.
Revd. Dr. JOHN N. CAMPBELL, PHILO C. FULLER, L. S. CHATFIELD,
P. S. VAN RENSSELAER, DAVID BujEL, JUN. Esqrs.
Commissioners,