,E E P O R T ♦ ON 'A PROPOSITION TO MODIFY THE f> PLAN OF INSTRUCTION IN THE UNIVERSITY OF ALABAMA, ^U^> // MADE TO THE ^amltg d t|e Eniijeoitg. Eead before the Faculty, Sept. 21, and before the Board of Trustees, ' Sept. 26, 1854. NEW YOEK: D. APPLETON & CO., 346 and 348 BROADWAY. 1855. 'L^- ^t^f^'^"^ I f'p^tAT' Bakeb, Godwin & Co., Peintees, No. 1 Spruce St., New York. PREFATORY. ^•» At a meeting of the Faculty of the University of Alabama, held on Friday, the 14th day of July, 1854, the following paper was read by the President : — Tlie President of the Board, and the Trustees now present, are unanimously in favor of modifying the present system of instruction in the University of Alabama, and respectfully request the Faculty of the University to report to an adjourned meeting of the Board, on Monday, the 25th of September next, the plan and details for the initiation and continuance of a system, conforming, as near as our circumstances will allow, to the arrangements in the University of Virginia. John A. Winston. Wm. H. Forney. John K M alone. Ed. Baptist. H. W. Collier. University of Ala., July 12, 1854. This paper was referred to a committee appointed by the President, consisting of Professors F. A. P. Barnard, John W. Pratt, and George Benagh ; which committee was instructed to report to the Faculty at an adjourned meeting, to be held on Monday, the 18th of September. On that day the Faculty accordingly re-assembled ; but adjourned without transacting business, in consequence of the absence of the President. At a called meeting, on Thursday, the 21st, the committee reported in explicit compliance with the terms of the request of the Board of Trus- tees ; and the report which follows, was subsequently presented by Pro- fessor Barnard, on behalf of himself and Professor Pratt, of the majority. It was ordered by the Faculty, at a subsequent meeting, that this docu- ment should be communicated to the Board of Trustees. The report was accordingly read before that body, on Tuesday and Wednesday, the 26th and 27th of September. The deliberations of the Board resulted, how- ever, in the adoption neither of the plan originally suggested in the paper above given, nor of that recommended in this report ; but of one 85183 4: PREFATORY. whicli may perhaps be regarded as an experiment substantially new ; con- servative, in the main, of the features of the existing college system, but providing opportunity for such departures from it, in particular cases, as the judgment of the Faculty shall approve. The nature of this plan may be more particularly gathered from the following ordinance : — 1. That the studies now pursued in the University, the extent to which they are carried, and the number of recitations heard by each ofl&cer, shall remain as at present established, as near as may be. 2. That twelve recitations shall be heard upon each day of the week, except Sunday. The Faculty may, in their discretion, reduce the nimaber of recitations upon Saturday, so that there be not less than four upon that day. 3. That the recitations of each day shall be assigned by the Faculty to the different hours in such a manner that a student, by taking three recitations per day, may accomplish all the studies taught in the University in four years. In doing this, the recitations of the Professor of Ancient Languages, the Tutor of Ancient Languages, and the Professor of Modern Languages, may be assigned to the same hours; so, also, those of the Professors of Mixed Mathematics and Pure Mathematics ; also, those of the Professors of Chemistry and Geology. All other recitations must be assigned to hours at which no others are held. 4. Each student under the age of twenty-one years, desiring to select a par- ticular study, shall be required to produce from his parent or guardian, if he has one, a written declaration of the special object of the applicant in coming to the University ; and the Faculty shall then prescribe for him the course of study which will accomplish his object in the shortest time and in the best manner, having regard to the next two provisions. 5. Every student must have three recitations a day, as near as may be. 6. A student shall not enter upon the study he may select, until he has passed such an examination as will satisfy the Faculty that he may, by proper applica- tion, prosecute it successfully. V. Upon a student's completing, and standing an approved examination upon, all the studies in any department, he shaU receive the degree of graduate in that department, and a certificate bearing the seal of the University, and delivered at commencement, in the usual mode. 8. The degree of Bachelor of Arts shall be conferred upon a student only after he shall have passed approved examinations upon all the studies taught in the University. 9. Honorary degrees shall not be conferred by this University, except by a unanimous vote of the Board of Trustees. 10. All laws or ordinances, or parts of the same, now existing, which conflict with the foregoing ordinance, are hereby repealed. REPORT. -♦♦♦- The undersigned, a majority of the Committee ap- pointed by tlie Faculty of the University of Alabama, to consider and report on a request emanating from certain members of the Board of Trustees, in regard to a re- organization of the i^lan of instruction in the Uni- versity, having consented to unite with the minority in a literal compliance with the request alluded to, and having discharged that duty, beg leave respectfully to present certain distinct views of their own, having a bearing on the general question raised by the proposi- tion referred to them, and also on the considerations out of which, as they have reason to believe, this proposition has grown. Change, it is hardly necessary to say, will never be sought for its own sake. Whenever and wherever there arises a steady and earnest demand for a new order of things in regard to matters which deeply concern man- kind, whether they be affairs of state or systems of education, it is obvious, from the very nature of the interests involved, that the degree to which this demand is real and sincere, must be matter of easy ascertain- 6 REPORT. ment. And wlien, to a majority of the community, the existence of a general feeling of dissatisfaction with the actual state of things is entirely unsuspected and imper- ceptible, it may well be questioned whether the impres- sions of a few, however decided, can be wisely accepted as of more weight in evidence than the tranquil content- ment of nearly all beside. It is by no means the belief of the undersigned, that those members of the Board whose names are appended to the request, which has led to the appointment of this Committee, are all of them, by previous conviction, in favor of the introduction into this University of the system of which they ask for the details. It is quite sufficient to suppose that the request was dictated by a desire, on the one hand, to know explicitly and defi- nitely what it is which it is proposed to substitute here, in place of a system that, if not the best, has, neverthe- less, the sanction of some centuries of experiment, and the present support of the general sufirage; and an equal desire, on the other, to satisfy the outside advo- cates of change, that the Board are always willing to examine any project for the improvement of the Uni- versity, which, in the view of any friend of the cause of education, may deserve their deliberate attention. Those members of the Board to whom this inquiry is owing, are therefore regarded by the undersigned as occupying, equally with their colleagues, the attitude of judges, whose opinions are yet to be expressed, and not that of partizans, who are waiting only to act upon a judgment already formed. K E P O R T . The friends of tlie University, whose suggestions to the members of the Board have probably occasioned the present inquiry, appear to have been laboring under some impressions which a candid examination of facts cannot fail to dispel. These are — 1st. That the actual state of the University is not prosperous ; 2d. That the number of students is smaller than is usual in colleges of equal standing in years ; 3d. That there really exists an outside demand for a radical re-organization of the University, powerful enough, if resisted, to sweep down opposition before it; 4th. That neither the Trustees nor the Faculty have heretofore given thought to the possibility of introducing improvement into the institution ; but that both bodies have manifested indifference to the spirit of progress which characterizes the age. In speaking of the prosperity of an institution of learning, the general public seem to regard but a single criterion — that of the number of students it attracts, or succeeds in retaining. But this is a test which serves very ill to enable us to judge either of the value of the institution as a part of the educational machinery of the State, or of the esteem in which it is held by the sur- rounding people. It is perfectly well known to the undersigned, that many who would be students of the University are prevented from being so now, not because of any objection to the course of study here 8 E E P O E T. j)rescribed, but because of what they please to consider the too great severity of the tests imposed to secure a certain respectable degree of scholarship and attain- ment. Could the Faculty be induced to think it wise to permit a material degradation of the standard of scholarship insisted on in this University, there can be no doubt that, without any other change whatever, an immediate and large increase of numbers might be realized. It is often charged that this Faculty is more severe in its exactions than that of any other college in the Southwestern States. Upon such an assertion it is not for the undersigned to express any opinion. The Faculty of the University of Alabama have acted with- out reference to what may or may not be demanded elsewhere. They have aimed but at the single object of making this institution one in which scholars may be formed worthy to be compared with those who issue from the celebrated and time-honored Universities of the older States. "Whether in this they have succeeded or not, there can be no doubt, since it is matter of pretty frequent complaint, that they have set up here what is generally regarded as a high standard of schol- arship. They have secured to the University of Alabama the respect of the surrounding community, and that of sister institutions throughout the country. To say that, in regard to the great ultimate ends for which colleges are instituted, there has been any failure here, or that there exists a want of a prosperity of the noblest kind, is at once unreasonable and absurd. K E P O K T . But in regard to tlie point of numbers. There is not, we must admit, a large number of students in this University, if we compare catalogues with Harvard or Yale, or even with the State institutions of North and South Carolina. But Harvard and Yale have several thousand living alumni; and the two last-mentioned colleges have several hundred — perhaps not less than a thousand — each. All of these old institutions are, or have been, the direct beneficiaries of the States to which they belong, or of many of their wealthy citizens ; and they thus secure that interest and those sympathies from the surrounding communities, which all men bestow upon the objects they have befriended and cherished. The adult population of Alabama is yet mainly immigrant ; the affections of the fathers of our youth still cling around the homes of their child- hood, and their spirits still do homage at those shrines of learning, where they themselves, perhaps, were first imbued with the love of letters. In addition to this, there are growing up in this State, as in every other, institutions endowed and patronized by particular religious denominations ; which cannot fail, even though they should ofter advantages for mere intellectual cul- ture much inferior to those which the University pre- sents, to draw around them many who would otherwise swell our numbers. Nor has this institution yet a hold on the feeling of State pride, such as so powerfully sustains the State Universities of the two Carolinas and of Virginia. The jDopulation itself is too heterogeneous, 10 K E P O K T . and too newly thrown together, to have learned even to recognize the feeling ; and this feeling, so far as it is represented at all, is at present hut humbly represented by a sort of sentiment of common interest. All these considerations are unfavorable to the growth of an insti- tution erected in the midst of a peojDle like this, by funds not contributed by themselves, interesting them by no associations connected with the past, and allying itself with no sympathies of theirs which may be linked with the present, or may extend to the future. Under circumstances like these, ought it not to be a great thing, if the University is able to command from Alabama an attendance as large, in proportion to population, as the University of Virginia commands from the people of Virginia? The name of the Sage of- Monticello ought itself alone to be a sufficient guaranty for a host of youthful devotees at the altar which he reared to learning. The tone of exultant pride, in which every Virginian alludes to this endur- ing monument of the wisdom of Jefferson, would seem to indicate that no other institution could have a charm like this, to fill the imagination of a native of the Old Dominion. And, to leave speculation aside, it is in fact universally admitted, that the University of Virginia is a flourishing and prosperous institution. Now, in comparing that University with ours, in regard to numbers, we must manifestly reject from both cata- logues all students from beyond the limits of the respective States. We must remember how many of REPORT. 11 the sons of Virginia have emigrated South and West ; we must remember what attractive associations cluster around the name of the patriot founder ; we must bear in mind how easily, by means of the immense railway system of the Atlantic States, students even from our own borders may reach the Virginia University, more quickly and more agreeably than they can our own. Of this species of advantages we have not one. Hence we confine the comparison strictly to the numbers fur- nished by the respective States in which the Universi- ties are situated, alone. The catalogue of the University of Virginia, last published (for 1853-54), shows a total, of students belonging to Virginia, of 289. But, as a considerable number of these are students of law and medicine, they certainly, in a comparison like this, are not to be counted. By a careful enumeration, it appears that the number of these professional students belonging to Virginia is 126. The students in the Department of Arts are therefore only 163. According to the United States Census for 1850, the total white population of Virginia was, in that year, 894,800. The same authority gives the total white population of Alabama, at the same time, as 426,514. According to these figures, if the University of Virginia is prosperous while the State furnishes it one liimdred and sixty-three students of Arts, ours ought to be equally so, so long as we have as many as seventy-seven. But the catalogue of the University of Alabama, published last J^ovember, 12 K E P O E T . contains tlie names of ninety-eiglit students of Arts from Alabama ; and, if we add those wlio were admitted after the jDublication of the catalogue, w^e shall have one Imndred and seven. Is there any ground, then, for asserting that our numl3ers are feeble; or that Ala- bama does not patronize her own University as well as other States do theirs ? Should the assertion be still adhered to, it can be established only by comparison with some State institution in which the close, instead of the open, system of instruction is maintained ; and hence the whole inference, w^hich it has been sought to derive from this fact, will fall to the ground. In truth, the comparison just made is most disas- trous to the claims of the Virginia system, as it respects its actual popularity. For, be it observed, a main reason why we are urged to adopt that system is, that the existing one is so hopelessly unpopular as to render some destructive outbreak in the legislature, or among the people, all but absolutely inevitable. Yet, unpop- ular as it is (if these assumptions are true), it is mani- festly, as the figures themselves show, nearly fifty per cent, more popular in Alabama, than the system of the Virginia University is in Virginia. Upon the question of success as tested by numbers? these remarks may, perhaps, be esteemed sufficient. Yet there are one or tw^o passages relating to this point, in the report made to the Board of Trustees of this University at their session in July, 1852, by the President of the University, so forcible and conclusive, E E P O K T . 13 that, as they are brief, the undersigned cannot refrain from here reproducing them. "Numbers," says Dr. Manly, "in an institution depend upon its age and history, its position, the charac- ter and personal influence of its officers — especially of its graduates — the circumstances and character of the communities surrounding it, and upon facts and rela- tionships so various that iJie question of organization is left comparatively a very small influenced And again : " In the earlier periods of its history, numbers have not constituted a conspicuous feature in any college. The first half-century, even, of the oldest and most popular of them, would not present an average of num- bers disparaging to our own, in the short period reck- oned by the University of Alabama. In Harvard, from 1806 to 1810 inclusive, a period of %.Ye years not unfavorable for the comparison, and when the college was 170 years old, the average number of undergrad- uates was 211." Once more: — " Compared with other colleges, however, this Uni- versity has its fair average. Of 121 colleges in the United States, reported in the American Almanac of 1850, 78 have fewer than were our numbers of that year, and only 38 had more. * t * In a document presented to the Board of Education in the city of New York, 1851, of 53 colleges (comprising the older, the endowed and popular institutions in the United States), 26 had more and 26 had fewer than our numbers of that year." 14 E E P O E T . To these extracts may be added tlie following, from a letter addressed, by the Faculty of this University, to Hon. W. K. Baylor, chairman of the Committee on Education of the Senate of Alabama, in January, 1843: "No college in the United States," say the Faculty, " ever yet went into operation, which, in the years of its infancy, was not as limited in this respect as the Uni- versity of Alabama. Many have been much more so. For fifty years from its foundation, the University of Harvard graduated, annually, on an average, fewer than seven individuals. ,For twenty years the average number of graduates at Yale college was about five, A young college, in a newly settled country, will never, in its infancy, be numerously attended. The demand for a high order of education among the peo- ple .is neither great nor general. ^' ^ ^' If such a college prepare, every year, but a few men to instruct others, the immediate fruit of its operations may seem indeed to be small ; but through those same men it is still to operate through a long series of years, and to' carry the benefits of knowledge to hundreds and thou- sands. ^ ^ "^ How are the peojDle ever to be made ripe for learned institutions, but by first preparing the teachers who are to . diffuse among them the elements of knowledge ? The streams which flow into the ocean are fed by the evaporation of the ocean itself And the students who throng the halls of colleges, are brought there by the learning which, silently as the vapor rises from the sea, these colleges have scattered R E P O K T . 15 throueli the land." And further: "Great numbers constitute, in general, the most trifling and shadowy and insiofnificant evidence of excellence in a school, which can be adduced. And if a seminary is young, and is situated in a new country, and nominally exacts some slight intellectual training as a condition of member- ship, great numbers, suddenly collected, furnish a very ominous indication as to the fidelity of its adminis- tration." But it has been affirmed, and it is so still, with great positiveness and emphasis, that there exists exten- sively, among the people of Alabama, a feeling of dis- satisfaction with the plan of instruction pursued in this University, and a disposition to originate measures which shall result in forcing, should not the Board con- ciliate it by yielding, a change. That there may exist a general and somewhat vague desire for the introduction of some improvements upon the present system, the undersigned are not disposed to deny. They are the less so, because of the fact, well known to them, that a similar feeling has long existed among the members, both of the Board and of the Fac- ulty themselves. It has been felt that the present course of study is too greatly burthened ; and that the University of Alabama, in common with most or all of the colleges of the country, has gone on increasing the amount of its exactions from its students, until of the two e^dls — superficial teaching on the one hand, and overtasking the strength on the other — one or the 16 REPORT. otlier seems almost unavoidable, and both are not nnfrequently more or less experienced. That some improvement onglit to be made here, the undersigned will not undertake to dispute. Of what precise nature or form the change ought to be, they propose to con- sider in the proper place. Every college which pro- poses to carry its students through a definite course in each distinct department — the University of Virginia as well as the University of Alabama — must be yet compelled, by force of circumstances, to look into and to correct the evil which here undoubtedly exists. The best manner of attempting to do this, has been subject of discussion between one or both of the undersigned and members of the Board ^ of Trustees, at various times, for years ; and plans have been actually drawn up by them and committed to paper. The difficulty and delicacy of the undertaking, and a natural unwil- lingness to press views which, while generally ap- proved, might have failed to carry conviction in all their details, has hitherto prevented these discussions from leading to any important practical result. But while the undersigned fully recognize the exist- ence of a general desire for the improvement of the system of instruction which actually exists in this Uni- versity, as having long partaken of that desire them- selves, they by no means admit that there has yet appeared any evidence of a wish or design, on the part of the people, to subvert the system itself, and to erect upon its ruins, a fabric of so loose construction, and so R E P O K T . 17 doubtful a character, as tliat of the University of Virginia. If any such disposition has appeared in any quarter, it is believed not to have been indicative of any general dissatisfaction, nor to have originated with the people themselves. The undersigned entertain great confidence in the conviction which they here express ; and that for several reasons entirely satisfac- tory to them. In the first place, they, like other citizens, mingle more or less with the people, and they do not entirely neglect to correspond with intelligent gentlemen at a distance from Tuscaloosa. While they confess that there have come to them, from time to time, through such channels, complaints of one descrip- tion or another, in regard to the University, — com- plaints even of those evils connected w^ith the course of instruction, which the undersigned have just signalized,- — they are free to say that, until since this subject was referred to the Faculty by the members of the Board of Trustees assembled here at the late Annual Com- mencement, they never received, from any source of information whatever accessible to them, the slightest hint of the propriety of any sweeping change, or the most doubtful suggestion of the expediency of intro- ducing here, the system of the University of Virginia. This, it is true, is merely negative evidence ; but in a question of great public interest, like the present, negative evidence has weight. That which agitates a whole people, cannot but be in the mouths of indi- 18 K E P O E T . viduals ; and that of which men talk, those who mingle with men must hear. That there can be no popular demand for the introduction of the Virginia system here, is further evident from the fact, that not one in twenty of the people knows what the Virginia system is. It certainly is not what it is apparently believed by some to be ; and that is, a system which permits any student to pursue any study selected by himself or his guardians, at any time, to any extent, and with any rapidity he pleases. And the prevalent misapprehension on this subject, amounts really to a serious evil; since the expectations which have been held out regarding the plan are sure, should it be adopted here, to be sadly disappointed. But on this point the undersigned pro- pose to speak more fully in its proper place. The absence of any popular demand for this species of change is still further evidenced by the tone of the public press, both before and after the request of the members of the Board, who were present in July, was laid before the public. Nothing can be more certain than that, throughout the collegiate year of 1853-54, down to the month of May, when some slight troubles entirely connected with discipline elicited some discon- tented remarks, not one word appeared in any public print in Alabama, in relation to the University (and the notices were many), which was not congratulatory and almost exultant, in view of the steady improve- ( K E P O E T . VOc 19 ment of tlie Institution in prosperity, and in view of its well-establislied reputation for tliorough and judicious methods of instruction, and for tlie sound and substan- tial attainments of its students. And in the expressions of discontent just alluded to, and which were directed entirely toward police and other regulations and meas- ures for the government and not for the instruction of the under-graduates, it is worthy of remark how gener- ally, and in fact how almost universally, the conductors of the press mingled with their words of dissatisfac- tion the regret that these events should have befallen at a moment when the University, having lived down its disasters, had become so proudly prosjDerous, and had succeeded in raising itself so deservedly high in the confidence of the people of Alabama. Whoever has had access to the public prints of the State generally for the past twelve months cannot but be forcibly struck with the truth of these reminiscences. The undersigned therefore assert, without fear of contra- diction, that, if the tone of the public press can be regarded as in any degree an index of that of public sentiment among a people, then it is so far from being true, that there is a popular demand for the subversion here of our time-honored course of instruction for the sake of introducing one not even known to a majority of the people, that the feeling of the masses has been entirely the other way, — entirely one of satisfaction and content. If, further to test this question, we compare the 20 K E P O E T . expressions of opinion put fortli by the same organs, explicitly upon tlie proposition brought before them in the published request of members of the Board of Trustees to the Faculty, which has occasioned this inquiry, we shall find that nearly every press, in which the subject has been elaborately treated, has been decided in disapprobation of the change. Some of the reasonings on the subject, which the proposition has elicited, have proceeded from alumni of the University; and the undersigned hazard nothing in saying that they have manifested an ability which would do honor to graduates of any college in the Union. Upon the question whether the Trustees or the Faculty have ever been indifferent to improvement, or averse to it, some remarks have already been inciden- tally made. More specifically it may here be stated, that, in order to meet an alleged necessity or demand, the Trustees, with the cordial assent of the Faculty, in the year 1844, established a special school for the instruction of such young men as might desire to become teachers without completing the entire colle- giate course. A plan of instruction was devised for this school, which was designed to extend, in whole, over three years ; and the Faculty were authorized at their discretion to issue to the students, at their depar- ture, certificates of proficiency. Extensive publication was made of this arrangement, in the catalogues and circulars of the University and in the public prints ; hut not one student ever volunteered to avail himself of E E P O K T . 21 its henefits. In tlie year 1846, tlie Trustees created a Department of Law, and elected a Professor. It was tliouglit that a professional school in this department might be successful in Tuscaloosa, and that its success might exert a reflex influence favorable to the pros- perity of the Faculty of Arts. But no sufficient number of students ever presented themselves to induce the Professor to commence his course, and by degrees the school of Law (which the undersigned believe was never abolished) passed out of recollec- tion. The report of Dr. Manly, from which some brief extracts have already been given, is another evidence of the solicitude which the Board of Trustees have always manifested for the improvement of the Univer- sity, and for the extension of "the benefits of the Institution to a greater number of the citizens of the State." In compliance with the request of that body, the President of the University, in company with another officer, made, during the summer of 1851, an extensive journey through various States, attending in the meantime the National Educational Convention at Cleveland, and gathering, wherever he went, the results of a great variety of experiments carefully made under the eyes of experienced educators. All this he embod- ied in a report read to the Board of Trustees only two years ago, and printed by their order. It is absurd to suppose that such an amount of pains was taken for nothing ; or without a sincere purpose to profit by the 22 REPORT. experience of others, and to introduce liere any changes, whatever they might be, which should seem to hold out a promise of increasing the usefulness of this University. Yet so little encouragement did the carefully arranged statistics of that report hold out to the spirit of inno- vation, that, after the reading of it, not one single voice was lifted in behalf of any departure whatever from the existing system. It has not been without considerable surprise that the undersigned have witnessed the inex- plicable fact, that, after a lapse of only two years from the presentation of that report, the same Board who listened to it and ordered it to be printed, have seri- ously entertained a proposition, which the statistics contained in that document demonstrate to be ruinous in its tendencies to the last degree. Since the purpose of Dr. Manly in his report was simply to state facts with their natural inferences, and not to dictate measures to the Board of Trustees, it may possibly be objected, that those who take the view of its bearing here expressed fail to understand his state- ments, or reason perversely from his figures. Such an objection will hardly be thought to lie against the inferences of gentlemen who peruse the pamphlet at a distance, and whose habits of mind and whose acquaint- ance with colleges may be presumed to fit them pecu- liarly to form a correct judgment. Bishop Potter, ot Pennsylvania, in a document (printed, but not pub- lished) relating to the University of that State, which he has kindly communicated to the undersigned, after REPORT. 23 speaking of Dr. Manly 's report as "the fruit of mucli laborious and careful research," and as " a most valuable contribution to the cause of a higher education," charac- terizes it a's an "able and most conservative report." E. C. Herrick, Esq., A. M., Librarian and Treasurer of Yale College, remarks incidentally (in a private letter), of the question now pending, " I cannot but think that Dr. Manly's report would be a very satisfactory refuta- tion of the proposed plan." And still more emphat- ically observes Dr. Swain, of North Carolina, in the conclusion of a most valuable letter on the general question, " I read his [Dr. Manly's] pamphlet two years ago with pleasure and profit ; and took it for granted that his argument and authority would be considered conclusive by the managers of your institution. Instead of indulging in these hasty expressions of opinion, I might well have contented myself with a simple in- dorsement of his well-considered views." But, notwithstanding all this, the whole question is opened up again, and the undersigned are absolutely constrained, against their will, to go back to first prin- ciples, and to retrace all the steps of a discussion which they had hoped, during their day, never to see revived in this institution. Let it be understood in the outset, that it is in no spirit of unfriendliness or opposition to institutions for professional, technical, special, or partial education, that the undersigned are disposed to remonstrate against the transformation to which it is proposed to subject this 24: E E P O R T . University. If there is a demand for sucli institutions, let them be created ; if it is true, as is so frequently- asserted, that hundreds of young men are absolutely cut off from any opportunity to acquire the education they need, because the University will not (it would be more just to say, cannot) give it to them, then there should be no delay in providing the facilities which their case requires. It cannot be that means are wanting, or ever will be so, if the alleged demand be real, to endow and furnish schools fashioned in the strictest conformity to the popular dictation; for schools to which hundreds are waiting to resort so soon as their doors shall be opened, can never fail to prove eminently lucrative, considered merely as pecuniary investments. If, then, this demand be real, there exists not the slightest reason for insisting that the University shall provide for it ; and if it be not, the argument in favor of change crumbles away into nothing. To exhibit, however, the entire and true basis upon which the undersigned rest their opposition to the pro- posed transformation, it is necessary to bring promi- nently into view w^hat is the distinctive characteristic of a University, — what is that peculiar function which it is specially empowered, and, in fact, created, to fulfill; and the possession of which may perhaps serve to ex- plain why it is that this frequent demand for popular, easy, or optional courses of study, should be continually directed against them, instead of venting itself in the very obvious and effectual mode of providing institu- R E P O E T . 25 tions of the kind professedly required. This peculiar function is the granting of degrees ; and in the exercise of this, the University does all that is essential to its office. The University of London, at the present time, confines itself to the discharge of this single function ; and the early history of all the old Universities of Eng- land, or of the continent of Europe, shows that, while they certainly furnished instruction, and their instruc- tors were excessively numerous, the only recognized point of contact between the University as a body and the individual student was that in which the latter pre- sented himself as a candidate for graduation. The value of the degree conferred consisted, of course, as it does still, in the fact that it stamped the graduate as a scholar — a man well versed in what were called the liberal arts, and in philosophy. By what course of study he had attained the mastery of these subjects, mattered not then, as, in point of fact, in London, and to all intents and purposes in Oxford and Cambridge, it matters not now: provided the candidate, on the appli- cation of certain severe tests of his scholarship and knowledge, was found to be worthy of the degree, it •was awarded as a matter of right. These tests were examinations, extended and thorough, oral and written. At the present time, the University of London employs salaried examiners, w^ho have no other duty than to ascertain the merits of applicants for the honor of graduation. In the older Universities it used to be held, that 26 REPORT. • education is not complete and thorougli until tlie student has been discijDlined not only in receiving but in imparting knowledge. Every Baclielor of Arts was required to teach, certain books or subjects, in order that he might become a Master ; and " every Master or Doctor was compelled by statute, and frequently on oath, to teach for a certain period, which was commonly two years, immediately subsequent to graduation."* The instruction, therefore, which might have been acquired in any school, preparatory to an application for gradua- tion, was furnished in necessary abundance in the Uni- versity towns ; and thus the business of teaching fell naturally, in a great measure, under the regulation of those institutions themselves. At Oxford and Cam- bridge, from which American colleges have borrowed most of their peculiarities, a new feature was, in process of time, developed. Eleemosynary establishments, called colleges, w^ere endowed for the support and residence of poor students; and boarding-houses, for those who were able to pay, arose in great numbers, under the name of halls. Each of these colleges and halls was made subject to the government of a resident master, who was assisted in his duties by one or more- tutors. Since their origin, the character of these estab- lishments has undergone great changes. At first, the proper business of the tutors was, mainly, to look after the conduct of the pupils, and enforce upon them habits * Sir Will. Hamilton's Discussions on Philosophy, I LETTEE I. Page. Strictures of the "Mobile Register," on certain regulations and usages exist- ing in the University of Alabama, considered. — Examination of the law known as " the exculpation law." 7 LETTEK II. Reasons why "the exculpation law" has proved a failure. — Inquiry how far it should be deemed hishonorable for one student to give testimony im- plicating another, 17 LETTEE III. Objection to the moral tendencies of "the exculpation law," considered. — Substantial benefits derived from the existence of laws to compel the dis- closure of truth, 26 \ V LETTEE lY Difficulty of the position of College officers as governors. — Personal qualities essential to their success. — Principles of action by which they should be guided, 35 LETTEE y. The American College system mainly dependent for its successful operation upon the personal qualities of disposition and temperament of the men who conduct it. — Insecurity arising from this cause. — Enumeration of the most essential of the moral qualities which the college officer should pos- CONTENTS. LETTEK YI. w Page. Objections of the " Register " to the daily visitation of rooms, considered. — Design of this visitation. — Reasons for maintaining the usage. — Social intercourse between officers and students ought to be cultivated, i-^ . 51 LETTEK YII. No vindication of the existing system of college government can be univer- sally satis^ctory ; because, first, no system can be equally suited to stu- dents of every age ; and, secondly, the popular idea of the college student is drawn from the class who need least to be governed, . . . .57 LETTER YIII. American colleges assume too great a responsibility. — The college system of this country, considered as a system of moral training, is a failure. — Is there any remedy ? 04 LETTER IX. Evils of residence in dormitories. — Synopsis of Dr. AVayland's views on this subject, ............. 72 LETTER X. Evils of the dormitory system further examined. — Its tendency to make the intellectual qualifications of instructors a secondary consideration. — Is it possible to abolish the system ? . . ^0 LETTER XI. Experiment proposed for the University of Alabama. — Consideration which seems to have determined the choice of location for most of the colleges of the United States.— Its fallacy.— The dormitory system will be aban- doned ; but only very gradually, 88 LETTER XII. Positive advantages of large towns as sites for seminaries of learning. — Con- clusion, 5^6 INTRODUCTORY. »' » • • The letters embraced in the following pages are republished, in compli- ance with numerous solicitations from sources entitled to respect. It may serve to explain the somewhat desultory manner in which the topics which they touch are treated, to say that they were originally designed for the col- umns of a daily newspaper, and that they were expected to enjoy only the ephemeral existence which such a channel of publication could secure. In reproducing them here, it might, no doubt, have been possible to subject them to a process of reconstruction, by which whatever they may contain of general interest might have been more happily presented ; while superflui- ties might, at the same time, have been retrenched, repetitions avoided, and all that is of merely local application, suppressed entirely. But this, by the pressure of more important occupations, has been rendered impracticable ; and they are therefore reprinted with but very slight alterations of their orig- inal form, in the belief that their imperfections, though they may do little credit to the writer, will not tend to disparage the cause which he advocates. It is obvious that, if there are evils really inherent in the existing system of college organization, the correction of these evils can hardly be looked for until the public demand it. So long as the people are content to take things as they are, so long as patronage is bestowed without mis- giving upon institutions embracing, as do most of our colleges at present, the features which it is the object of these letters to exhibit as objectionable, just so long, of course, will there exist no urgent motive to induce those who control such institutions to modify them in any manner which may involve expense. But if the public mind can be awakened to the magni- tude of the evils inseparable from the existing college system, though it be so far only as to demand that new colleges shall be constructed upon a wiser plan, and if the evidence of the change of public sentiment shall 2 6 INTKODUCTOKT. appear in the greater favor shown to such, then it is to be reasonably ex- pected that others, out of the mere instinct of self-preservation, will ulti- mately conform themselves to the popular preference. The appeal, there- fore, must for the present be to the people. In making such an appeal in regard to an interest so vast, a single individual may well feel his insignifi- cance. But there are in the community great numbers of intelligent men who well know the evils attendant on the present college system ; men who, having been educated in colleges, have seen and felt them, but have perhaps hardly considered the question how far they are capable of removal ; and from among such men, if their attention can be drawn to the subject, the isolated advocate of reform may reasonably hope that many will be- come his hearty cooperators in the endeavor to impress the public mind. Were it not for the existence of such a class, and for the fact that they are far more influential than any other in proportion to their numbers, the writer of these pages would be disposed to regard the idea of a possible reform of the prevailing college system as chimerical in the highest degree. Nor even when they shall become fully aroused to the importance of the change, if that shall ever be, and shall lend their united efi"orts to bring it to pass, is it to be expected that the object can be very quickly accom- plished. So large are the pecuniary interests involved, that the disposition to change may not always be accompanied by the immediate power ; and an evil system may, in many cases, be perpetuated for years, for no reason but the mere inability to abandon it. ' Still, though the benefits of the de- sired reform should be reserved for the next, or even for a distant, genera- tion, its advocates should strive none the less earnestly to demonstrate its necessity; since it is only the faithfulness of their present eff"ort3 which renders even that distant good a possibility. It may be observed of these letters, that, though accident may be said to have determined the time of their appearance, and though they were w^'itten without any distinctly premeditated jjlan, yet in substance they embrace the convictions of some years of experience and reflection ; and the writer avails himself of this opportunity to acknowledge that his attention was first drawn strongly to the subject by the valuable little work of Dr. AVayland, to which he has taken occasion repeatedly to refer. University of Mississippi^ Dec. 16, 1854. J LETTERS m COLLEGE GOYERNME^^T. LETTER I. STRICTURES OF THE MOBILE REGISTER, ON CERTA.IN REGULATIONS AND USAGES EXISTING IN THE UNIVERSITY OF ALABAMA, CONSIDERED. EXAMINATION OF THE LAW KNOWN AS " THE EXCULPATION LAW." To THE Editor of the Mobile Register, — Sir: — In the Camden Republic of June 24tli, I find some remarks credited to tlie Register, on a few of the features of college government recognized in the Univer- sity of Alabama. Your strictures, which accord very well ' with observations I have often heard from'intelligent gen- tlemen in private conversation, indicate that there is a defect or a difficulty somewhere in the American college system, to which it is desirable that the attention of the whole community should be understandingly drawn. I say a defect in the system, because nearly all the colleges in the United States are founded upon the same system, and the features to which exception has been taken, are features which have been adopted in each, without change, from those which are older. The visitation of the rooms of students, by members of the Faculty, which is spoken 8 LETTERSON of in your article as " the plan pursued by the Faculty of our University^'' is practiced in every college in the coun- try, in whicli students reside in the college buildings — that is to say, in every one in which it is practicable. If it is a bad plan, the extent of its prevalence does not, I freely admit, make it any better ; but the fact that it is so prevalent, may not be known to all the readers of the Register ; and for this reason an inference to our especial prejudice (which I am sure you did not design) may be drawn from your remarks. Again, " the plan adopted at our University, of put- ting the student upon his voir dire^'^ is not peculiar to us, as might be inferred by a cursory reader. It is really an " adopted " plan, and the words of the law prescribing it are a literal transcript from the printed laws of the Col- lege of South Carolina. This again makes the plan no better, if it be true that it is intrinsically bad. But it suggests the possibility that a student, however distasteful lie may find the system of discipline practiced here, cannot reasonably expect to mend his position in this respect by resortino: elsewhere. All American colleges hold their students amenable to the authorities for violations of good order and good morals. All have a government of written law, and a brief and simple penal code. Yet no Board of Overseers or Trustees has yet been able, with all the advantages derived from the personal experience of its members as college students or college officers, or from observation of the practical working of different systems for more than a century, to devise a mode of administering that part of COLLEGE GOVERNMENT. college government whicli relates to offenses, without em- bracing in it provisions wbicli have been sometimes made a subject of grave complaint, and sometimes of unsparing- censure, directed against tlie governing body. In the article upon which I am commenting, for in- stance, it is urged against the " exculpation law " that " it is contrary to natural justice — contrary to Hhe perfection of reason,' the common law — and contrary to any consid- erate method of moral culture." As my present purpose is not to vindicate exculpation law, or to meddle with it in any manner, I shall join no issue here. Suppose it be all you say of it, I wish to ask you whether or not (and I ask now for information, for I really do not know) it is the public impression that the principle of this law is at the bottom of our ordinary methods of proceeding in cases of college discipline ? I ask this question, because, admit- ting the principle to be as exceptionable as you claim, the answer to it will have much to do in determining how far our system of government is odious. If what I see in the public prints (or have seen in former years) may be as- sumed to furnish me with any fair means of judging, I am justified in thinking that we are popularly supposed to proceed on this plan every day or every week. Now, the fact is that I have been an officer of the University of Alabama more than sixteen years ; and during this long period the offensive law has been resorted to only three times. The unfrequency of its actual application may serve to show that it is a measure in its original design intended only for those extreme cases in which the altern- ative is the annihilation of all government, and the tri- 10 LETTEKSON umpli of anarchy. Whenever they have been driven to the adoption of this expedient, the Faculty of the Univer- sity have never pnt it into practice without a sense of pain and sorrow, for which their denouncers of the press or among the people never give them credit. They are charged with the preservation of order in college. They have a duty to execute, and they are not the authors of the system they are required to administer. When the question is reduced to this — shall law prevail, or shall misrule be triumphant and all the operations of college come to an end ? they must use the only means put into their hands to secure the supremacy of law, whether they like them or not, or whether or not the surrounding pub- lic approve. And this happens, perhaps, once in many years; while the comments which so often reach us, through our correspondence, through conversations with gentlemen at or from a distance, or through the press, proceed on the assumption that it is the commonest thing in the world, and that very possibly, the first business of the Faculty every morning after breakfast is, to put some twenty or thirty students on their '' "voir direP I suppose that no government is anything better than a name, which possesses no means of protecting public order by the compulsory discovery of truth, when order has been violated and the witnesses are certainly, or the offenders approximately, known. There are, so far as I know, but two modes of proceeding effectual for this pur- pose, and these are — 1. That which is sanctioned by "the perfection of reason, the Common Law," to compel the testimony of witnesses to the offense; or, 2. The South I COLLEGE GOVERNMENT. 11 Carolina plan, adopted liere, to require the innocent to say that tliey are innocent. The former is the plan of all the older colleges at the North; and, perhaps, of the newer also. The latter is peculiarly the Southern plan, intro- duced expressly as a concession to the scruples of sensitive young men. Since, however, the one and the other, when successfully enforced, result alike in securing the ends of government in the detection of the offender, the substitute has proved no more ]3alatable than the law which it re- placed ; and the northern plan and the southern plan are equally under the ban of popular opinion. In the mean time, one or the other of them, from the stern necessity of the case, maintains its place in the written code of every college ; and both, when the painful necessity arises, con- tinue to be put into force, in spite of their unpopularity all over the country. If our friends among the people, or if our friends of the press, would turn their attention to the true point of difficulty, and would aid us with advice how we may escape from our present embarrassment, we would receive their suggestions with gratitude ; and whatever we should find in them adapted to remedy the evil, we would ear- nestly recommend to the consideration of the Board of Trustees. To judge from the manner in which we are often spoken of, it would seem to be thought that we delight in " exculpation " laws, and that we are never more happy than when the college guillotine is in active operation. I am not using the language of hyperbole when I say this ; I but repeat almost literally what I have often heard. Is not this unreasonable ? Yet our case is not an isolated 12 LETTEKSON one. Similar sanguinary tastes are imputed quite as fre- quently to other Faculties. Can it be supposed that the members of College Faculties generally — men, be it consid- ered, who have been selected from the community on ac- count of some supposed more than average fitness for their places — can it be supposed that they are as a class so far behind the rest of the community, in their sympathies with the young men for whose benefit they labor, or in their judgments of what will most promote the welfare of their pupils, as to lean from choice towards measures which shock the public sensibilities, and to require a pop- ular censorship to restrain their tyrannical propensities ? As no one has yet suggested to us what new substitute we should adopt, in case we consent to expunge the " ex- culpation" law from the college code, we are now held up to public odium for an evil which w^e did not create, and which we know not how to remove. Even you, Mr. Edi- tor, would not have us go backward, and adopt the com- mon-law principle, which compels every witness to his neighbor's offense to testify to the fact or sufl:er. In this application, even " the perfection of reason " would strike you as an abomination. I do not say that I should en- tirely agree with you ; but I state what you will admit to be a fact. I doubt if such of our citizens as condemn the law of " exculpation," have ever set it beside these older laws which it superseded. For their information, I wdll give an example of both. The following is extracted ver- batim from the laws of Yale College : " Whenever a student shall be required by one of the Faculty to disclose his knowledge concerning any disorder, COLLEGE GOVERNMENT. 13 offense, or offender, against a law of the college, and sliall refuse to make sucli disclosnre, be may be sent home or dis- missed. No student shall be questioned for any testimony he may give in regard to a violation of a law of this col- lege ; and in case any student shall so question his fellow- student to ascertain whether he hath testified, or with intent to bring into contempt any student because he hath testified, the student so acting shall be deemed to have committed an offense, and may be proceeded against by the Faculty, according to the aggravation of the offense, even to dismission." While this was law in all American colleges, as it still is at New Haven, the objection raised to it by students was, that it is dishonorable to testify against a fellow- student. The substitute was devised to obviate this objection; and as it stands in the code of the University of Alabama, it is as follows : " In ordinary cases, and for mere college misdemean- ors, no student shall be called upon to give information against another ; but when several persons are known to contain among them the guilty person or persons, that the innocent may not equally suffer with the guilty, they are all liable to be severally called up, and each to be put upon his own exculpation, unless the magnanimity of the guilty shall relieve the Faculty from the necessity of this expedient, by an ingenuous confession of his or their own fault. If any student, when thus permitted to declare his innocence, shall decline to exculpate himself, he shall be considered as taking the guilt of the offense upon himself, and encountering all the consequences. If a student shall 14 LETTEESON deny tliat he is guilty, tliat shall be taken as prima facie evidence of his innocence ; but if it shall afterwards ap- pear from satisfactory evidence that he was really gnilty, he shall be considered unworthy to remain in the Uni- versity." The requisition to testify against a fellow-student being here abandoned, a scruple arose, of a character en- tirely new. Hitherto it had been no part of the unwrit- ten code of undergraduate law, that the good should pro- tect, screen, and sufPer martyrdom for the bad ; the whole college body w^ere not held bound to become accessories after the fact to any enormity ; or to obstruct, by united and systematic action, the operations of law for its detec- tion. The popular sentiment in college favored the view that it is well that law shall have its course — it is well that offenders shall be reached and dealt with — it is well that good order and good morals shall be preserved, — but that it is not well that a student shall become an informer upon his fellow-student. I say that this was the popular sentiment, because I know it, having myself been educa- ted in a college where the old law prevailed. What pop- ular sentiment is with us now is evidenced in the fact, that it has the power to force young men of the highest standing for morality and personal rectitude of conduct, into a combination for the defeat of all inquiry, and for the protection of a few disorderly individuals, whose tur- bulence, both by night and by day, is such as to obstruct all the operations of the University. Whether the young men in their scrupulous regard for what is due to good fellowship, are not beginning to " put too fine a point on COLLEGE GOVERNMENT. 15 it," I shall not stop here to inquire. It is sufficient for me to say that when matters reach a pass like this, the neces- sity that something should be done is crying, and all the wisdom of University Boards has hitherto been able to discover but the two modes of proceeding I have pointed out, viz. — that which has the sanction of the " perfection of reason," and that which makes every student liable to be called on for his own exculpation. Lest any erroneous inference should be drawn from the tione at which this letter is written, let me observe, in conclusion, that, though it is elicited by remarks of yours upon the late troubles in the University, it has no refer- ence whatever to them ; and that the " exculpation law " was not applied during those troubles. Students already under suspension, have, it is true, as a condition of restora- tion, been required to make some disclaimers. AVhatever may be said or thought of the expediency of this requisi- tion, of which I say nothing, thus much is at least true, that to refuse to make the disclaimers required, could, at this time, operate no advantage nor secure any protection to any fellow-student, since, when they were exacted, all parties were equally separated from the University already. Now, Mr. Editor, do not believe, because I have de- tained you so long over the matter of this law, that I see nothing in what seems to be the necessity of its existence to regret, or nothing in the evils which too usually follow its application to deplore. If you do so, you will do me great injustice. My only object in asking you to publish these remarks, is to draw the attention of thinking men in 16 L E T T E R S O N the community to the most diiScult point connected with the whole subject of college discipline — the question how shall the supremacy of law be maintained in the last emer- gency, without an admitted power in Faculties to use either the means of investigation employed by civil courts, or those gentler, and (as was once thought certainly) less offensive ones, in consideration of which they have been content to yield the former. The topic which principally occupies this letter, is but one of several connected with college organization and government, on which I have often wished to address some observations to my fellow-citizens. With your per- mission, now that my hand is in, I will endeavor to make one or two further, but I hope not quite so formidable, encroachments upon your space hereafter. University of Alabama^ July 1, 1854. COLLEGE G O VERISTME NT. 17 LETTER II. REASONS WHY " THE EXCULPATION LAW " HAS PROVED A FAILURE. IN- QUIRY HOW FAR IT SHOULD BE DEEMED DISHONORABLE FOR ONE STUDENT TO GIVE TESTIMONY IMPLICATING ANOTHER. In my last letter I promised, at greater leisure, to ex- amine still further some of the particulars in which the government of American colleges is attended with dif- ficulties, so great as to indicate a fault somewhere inherent in the system itself. I proceed to redeem my promise. It is certain that the greatest of the difficulties here spoken of is that to which my last communication was principally devoted, viz. the means of suppressing distur- bances of the peace, or of detecting their authors, when all ordinary appeals have failed, and it has become necessary to invoke the penalties of the law. Upon that subject I have not yet completed all that I have to say. I assumed that the very idea of government implies the possession of the power to compel, in some manner or other, the disclosure of truth, when that is necessary for the protection of order, and for the maintenance of the supremacy of law. I described the two modes by which it has been attempted, in different colleges, to exercise this power : the first being no other than that used in civil courts, and the second being the mode prescribed in what is commonly called the "exculpation law," as it exists in this University and some other Southern colleges. 18 LETTERSON I have shown that the second of these modes was orig- inally devised for the purpose of obviating objections which had been made to the first. That it has completely failed in its object, is rendered obvious by the frequency with which we hear it denounced in conversation and in the public prints. For an instance, I need go no further than to your own expression of opinion in the Kegister, w^hich furnished the occasion of my former communication. But, because I chose to demur to the grounds on which you took exception to the law, you must not understand me to regard the same law with entire complacency my- self. By no means. I can never believe that any laAV which meets the disapprobation of the public, is a good law. The efficacy of law is not to be looked for in the pains and penalties it denounces, so much as in the sup- port and approval of all good men. Whatever enactment fails to secure these, fails of the most essential element of moral power. It matters not whether it be intrinsically good or bad ; it is enough to make it bad, whatever be its intrinsic excellence, that the community who witness its enforcement regards it as oj^pressive and wrong. What more is necessary to undermine the efficacy of any law, than to crown with applause those who resist its opera- tions, and to canonize its victims as martyrs in a glorious cause ! It may be answered that no law can be intrinsically good, against which the voice of the people among whom it exists is so emj^hatically and so unanimously pro- nounced. This argument is certainly plausible, but by no means conclusive. The law of Congress providing for the COLLEGE GOYEKNMENT. 19 arrest and delivery of fugitive slaves is certaiidy a good law ; yet throughout the length and breadth of the States for which it is designed, there is no division of opinion at all as to its wrongfulness. Those even who give it their support — politicians, editors, ministers of the Gospel — even judges from the bench — do so avowedly for no other rea- son but because it is a law, and not because they approve of its provisions. It is plain, then, that public sentiment, however decided, and however unanimous, is not always of necessity right ; and that the old maxim, vox populi vox DEI, is to be taken with a large latitude for error. I assume, then, that the " exculpation law " is not necessarily onalum in se^ because the people do not like it ; but I admit that the tribunal of public opinion has cer- tainly made it maluin proliihitum^ to the extent that no college Faculty can apply it without being immediately arraigned at that bar, as if they were the real oflPenders themselves. It fails, therefore, in what I have described to be the most essential element of moral power ; it fails because the public, as well as every community of under- graduate students, are banded against it ; and because ap- plause instead of censure awaits every individual who sets it at defiance. Has any thing been gained, then, by the attempt to substitute in colleges a method of legal investigation at variance with the principles of the honest old common law ? I think not ; yet while making this admission, I can see nothing morally wrong in the substitute. It is other- wise when we look at the subject in the light of expedi- ency, or as a question of policy. I cannot but believe that 20 LETTERS ON a great mistake was made by tlie originators of this inno- vation upon tlie time-honored principles and practices of penal jurisprudence. It may be very noble, and honora- ble, and magnanimous, and all that, for young men or old men to refuse to give testimony before any tribunal, the effect of which would be to expose their companions or friends to unpleasant consequences ; but it appears to me that the court which claims the right to such testimony is not called upon to make any such admission. And if it does make such an admission, in regard to the open, hon- est and straightforward form of explicit statement, then I cannot see how it has any right to claim that a refusal to permit the truth to be extracted from the witnesses by indirection, is any the less noble or honorable or magnani- mous. Both the old law and the substitute aim to fasten the offense upon the offender by the force of testimony. In the one case, the responsibility of this testimony is con- fined to a few; in the other it is divided among a greater number. But that which is mean, or contemptible, or wrong in any individual, is not the less so because a whole community shar^ in the taint. A stain upon the honor is not a thing to be diluted by involving in its foulness the honor of many. And whenever any governing authority admits for a moment that it is mean, or that it is wrong, for any individual of the subject body to give such testi- mony as may be uecessary to secure the ends of good gov- ernment, it becomes self-divested of the most efficacious and almost the only means of ensuring the due observance of its laws. The principle that no student may, in any case ivliat COLLEGE GOVERNMENT. 21 evei\ without dislionor, give testimony to convict a fellow- student of a violation of college law, is at once mischiev- ous and wrong ; and one which the trustees and Faculties of colleges should be the very last to admit. No matter to what extent jDublic sentiment may lend its sanction to this principle, the governors of colleges should set their faces resolutely against such a sentiment, and should en- deavor, by all the means in their power, to correct it. Least of all should they allow themselves to be borne along with it, or commit an act so suicidal as to stamp with their own openly expressed approbation, a principle which denies to them a right absolutely vital to the ad- ministration of any government. It is my candid opinion that our colleges have them- selves chiefly to thank, for the extent to which their powers of government are j)aralyzed by the influence of surrounding public opinion. Till they, in so many words, relinquished the right to compel the witnesses to any flagrant offense to declare their knowledge, public senti- ment did not so universally, so unanimously, or so sweep- ingly stigmatize the act of giving such testimony. Why should it? It is not dishonorable to testify in a civil court. Nay, even when the civil power has occasionally interfered to take the administration of justice out of the hands of college Faculties, the very same young men who assumed to be unable to state the truth to their academi- cal superiors without dishonor, have shown no hesitancy to give evidence before a jury — yet no one has thought the worse of them. It is no reply to say that the civil court may commit a witness for contumacy; and that 3 22 LETTERSON therefore lie has no choice but to testify. We are talking now about a question of right and wrong — honor and dis- honor ; and if, instead of committing to prison, our courts, like those of the Inquisition, could apply the rack, even torture itself could not justify the disclosures demanded, if it is really wrong or dishonorable to make them. But as it is usually true that there cannot be any widely spread or deeply rooted popular conviction, with- out some original basis of reason, to whatever extremes the conviction may have been carried which the basis will not justify, it is worth while to inquire out of what plausi- ble, or even in their first application just, considerations, has grown the doctrine that no student may inculpate another student by his testimony, without dishonor. In the first place, then, students associated together in the same class, or in the same college, occupy to each other not only the relation of subjects to a common government, but that, to a certain extent, of members of the same family. And as in families mutual confidence is an una- voidable necessity, so the obligation to guard it inviolable is one which exists antecedently to and independently of promises. It is not voluntarily assumed, and it cannot be repudiated at the option of the individual. But, secondly, it often happens, if not usually, that none are witnesses of those violations of college laws which become the subject of subsequent inquiry, who are not themselves to a greater or less degree implicated in them ; and hence, that the act of giving such testimony as may subject another to cen- sure, betrays a seeming willingness to purchase immunity to one's self by treachery to a friend. Viewed in this COLLEGE GOVERNMENT. 23 light, tlie act of testifying is especially odious ; and to this case I propose to devote no attention. But in regard to the implied bond of confidence be- tween members of the student-body, common sense sug- gests that it is not and cannot be of the uncompromising nature of that which accompanies the family tie ; while we cannot but call to mind that the civil power does not recognize even that as inviolable, when the public good requires that it should be set aside. The students of a college are by no means so compacted together that the private acts of each one are of necessity exposed to his companions. There does not, in other words, exist the forced confidence of the family ; and the main argument in support of the inviolability of that confidence in this case falls to the ground. Yet, inasmuch as it is undesira- ble that, in a community of generous and impulsive young men, there should creep in any thing like a feeling of mu- tual suspicion, I would have it continue to be thought, as it is I believe pretty universally thought, among Faculty and students equally, that information privately volun- teered by one student injurious to another, is entirely dis- honorable, and ought to be discountenanced by the au- thorities, as well as frowned on by the students. In many cases of disorder in college, not only are the great majority of the community unacquainted with the offenders — showing that no necessary confidence exists which is in the nature of things unavoidable — but, when it is otherwise, and when those who interrupt the good order of college force themselves upon the notice of their peace- ably disposed companions, it not seldom happens that 24: LETTERSON strong displeasure is excited on tlie part of those wliom they thus make the witnesses of their lawlessness. It is nothing short of an absurdity to say that persons who are thus not necessarily cognizant of infractions of order, or who when made acquainted with them, are made so against their will, shall be held bound to identify them- selves with the offenders, and, no matter what may be the enormity of the offenses (and it is often great), shall actu- ally themselves suffer the penalties due to the misdeed, rather than by their testimony permit the authorities to suppress the disturbances, and protect them in the enjoy- ment of their rights, and in the peaceful prosecution of their studies. After what I have said, I suppose I need hardly tell you that, had I a system of law to prepare for a college about to go into operation, the " exculpation law " should form no part of my code. Neither would I commit the folly of requiring a Faculty to protect order and admin- ister justice, without empowering that body to investigate most thoroughly every case in wh^ch neglect of discipline might endanger the preservation of the ends for which government is instituted. And in order that nothing might be wanting to their power in this respect, I would make it obligatory on every student to give eviden. t? RETURN TO the circulation desk of any University of California Library or to the NORTHERN REGIONAL LIBRARY FACILITY Bldg. 400, Richmond Field Station University of California Richmond, CA 94804-4698 ALL BOOKS MAY BE RECALLED AFTER 7 DAYS • 2-month loans may be renewed by calling (510)642-6753 • 1-year loans may be recharged by bringing books to NRLF • Renewals and recharges may be made 4 days prior to due date. DUE AS STAMPED BELOW AUG 2 2000 Y 1