University of Virginia Library

CHAPTER VI

RELIGION AND STATE EDUCATION

As soon as the plan for the first pavilion[1] was
agreed upon, yet two months before its cornerstone
was laid, Mr. Jefferson induced the Visitors to invite
Dr. Samuel Knox of Baltimore to accept the
professorship of languages, belles lettres, rhetoric,
history and geography. For this large undertaking
he was to receive a fixed salary of five hundred dollars
a year, and a contingent income from a fee
of $25 per student enrolled in his classes. Dr. Knox
had abandoned business, and this honorarium did
not tempt him from his retirement.

When the Visitors next met, October 7, 1817,
the cornerstone had been laid a day. Dr. Thomas
Cooper, of Pennsylvania, was elected professor of
chemistry, and requested to serve also as professor
of law until that chair could be filled. Before
Christmas, Cooper had engaged for the "physiological
and law schools," and eighteen months later was
"confirmed University professor of chemistry, mineralogy,
natural philosophy, and also of law" temporarily.
His income was to be made equal to
$3,500 per annum, a decided advance on the sum
($1,000) first decided on.

Mr. Jefferson evinced a decided partiality for this

versatile Englishman, and perhaps his sympathy
was quickened by the fact that for political reasons
he was forced to flee "from the fires and mobs of
Birmingham." That he was eminent in "several
branches of science" and "a great chemist" as well
as a lawyer of distinguished merits were reasons
sufficient to excite Mr. Jefferson's imagination;[2]
and that he did not overrate Cooper's merits is fairly
presumed from his rapid rise as a lawyer and his
incumbency of professorships in Dickinson College,
the University of Pennsylvania, and the College of
South Carolina.

But the appointment of Dr. Cooper was a mistake
in more ways than one. It took place long before
the institution was ready for his services. This
could not be foreseen, perhaps, but in 1820, when
public opinion forced his resignation, it was certain
that a year, at least, must elapse before classes could
meet, and the finances did not justify the engagement
of professors long in advance of actual service
except for a very urgent reason. There was an
apparent reason: the difficulty of procuring capable
American scholars, and the importance of doing so
when any "offered." But the obvious error was the
failure to gauge Virginia sentiment in the matter of
the religious beliefs Judge Cooper was known to
entertain. Mr. Jefferson knew that he was a political
refugee from England, and that he had offended
English conservatism by his religious views. The
general public of the State, however, was in ignorance
of this until Dr. John H. Rice published in
the Evangelical Magazine a review of Cooper's
opinions, which he exhibited by extracts from the

English scholar's writings. These seemed to show
him to be a Socinian, and the Presbyterian divine
abominated Unitarianism as much as he did the
canons of the Establishment.

Mr. Jefferson lost patience with Dr. Rice, and in
letters to Dr. Cooper criticised the Presbyterian sect,
intimating that they desired their religious opinions
established by law, and would be glad to monopolize
the education of the country, and more of like
tenor, all of which was very unjust, but very human.
"For myself," he wrote to General Taylor, "I was
not disposed to regard the denunciations of these
satellites of religious inquisition, but our colleagues,
better judges of popular feeling, thought that they
were not to be altogether neglected, and that it
might be better to relieve Dr. Cooper, ourselves, and
the institution from this crusade. * * * I do sincerely
lament," continues Jefferson, "that untoward
circumstances have brought on us the irreparable
loss of this professor whom I have looked to as the
corner-stone of our edifice. I know no one who
could have aided us so much in forming the future
regulations for our infant institution; and although
we may, perhaps, obtain from Europe equivalents
in science they can never replace the advantages of
his experience, his knowledge of the character,
habits and manners of our country, his identification
with its sentiments and principles and high reputation
he has obtained in it generally."

Wise and just as he was habitually, Mr. Jefferson
overlooked for the moment the fact that the Presbyterians,
and in less measure perhaps, the Baptists,
had made a State university a possibility by extending
to the College of William and Mary, which
they regarded as a seminary of the church, the hostility

they felt, as Dissenters, to the Church of England,
and bestowed on the University of Virginia
all the friendship and service they withheld from
the older institution. This same Dr. Rice had rendered
signal service to Mr. Cabell in his legislative
struggles for appropriations. It was in an article of
his which appeared in a Richmond paper under the
signature of "Crito" in advocacy of the University
that the startling information was made public that
Virginia was annually sending $250,000 from the
State to pay for the education of Virginians. Probably
Dr. Rice knew that this money went out of the
pockets of Dissenters who, for religious reasons,
withheld their patronage from William and Mary;
but whether he did or not, it was a fact, and in that
fact the Dissenters found a reason for fostering a
State university. Naturally they were unwilling
that any sect should take charge of or exercise a preponderant
influence in the University of the State.
To Dr. Rice himself Mr. Nicholas Francis Cabell
bears this testimony: "It is believed that Virginia
did not contain within her broad limits, and among
her most enlightened sons, one who was more truly
attached to her soil and people, or who more ardently
desired both the diffusion of knowledge
among the masses and the improvement of education
in its higher grades. His influence had been exerted
by tongue and pen in behalf of the University while
its fortunes were yet doubtful and when it most
needed friends."

Mr. Jefferson in turn was assailed as an enemy of
religion who would exclude all religious instruction
from the University. His choice of an orthodox
doctor of divinity—for such Dr. Knox was—for his
first professor did not steady his critics or suggest

that the venerable rector was not in quest of heretics
to propagate a belief, but of scholars to teach
"science in the highest degree." The aged philosopher
made answer in his next report to the president
and directors of the Literary Fund by saying that
in conformity with the principles of the Constitution
which place all sects of religion on equal footing, the
Visitors had not proposed a chair of divinity, but
had left "to every sect to take into their own hands
the office of further instruction in the peculiar
tenets of each." "It was not, however," he continues,
"to be understood that instruction in religious
opinions and duties was meant to be precluded
by the public authorities as indifferent to the
interests of society; on the contrary, the relations
which exist between man and his Maker, and the
duties resulting from those relations, are the most
interesting and important to every human being and
the most incumbent on his study and investigation.
The want of instruction in the various creeds of religious
faith existing among our citizens presents,
therefore, a chasm in a general institution of the
useful sciences; but it was thought that this want
and the entrustment to each society of instruction in
its own doctrines were evils of less danger than a
permission to the public authorities to dictate modes
or principles of religious instructions, or than opportunities
furnished them of giving countenance or
ascendancy to any one sect over another. A remedy,
however, has been suggested of promising
aspect, which, while it excludes the public authorities
from the domain of religious freedom, would
give to the sectarian schools of divinity the full
benefit of the public provision made for instruction
in the other branches of science. These branches
are equally necessary to the divine as to the other
professional or civil characters to enable them to fulfil
the duties of their calling with understanding and
usefulness. It has, therefore, been in contemplation,
and suggested by some pious individuals who perceive
the advantages of associating other studies
with those of religion, to establish their religious
schools on the confines of the University, so as to
give to their students ready and convenient access
and attendance on the scientific lectures of the University,
and to maintain by that means those destined
for the religious professions on as high a
standing of science and of personal weight and respectability
as may be obtained by others from the
benefits of the University. Such establishments
would offer the further and great advantage of enabling
the students of the University to attend religious
exercises with the professor of their particular
sect, either in the rooms of the building still to
be erected and destined to that purpose under impartial
regulations as proposed in the same report of
the commissioners or in the lecturing-room of such
professor. To such propositions the Visitors are
prepared to lend a willing ear, and would think it
their duty to give every encouragement by assuring
to those who might choose such a location for their
schools that the regulations of the University should
be so modified and accommodated as to give every
facility of access and attendance to their students
with such regulated use also as may be permitted to
the other students of the library which may hereafter
be acquired either by public or private munificence,
but always understanding that these schools shall be
independent of the University and of each other.
Such an arrangement would complete the circle of
useful sciences embraced by this institution, and
would fill the chasm now existing on principles
which would leave inviolate the constitutional freedom
of religion, the most inalienable and sacred of
all human rights, over which the people and authorities
of this State, individually and publicly, have
ever manifested the most watchful jealousy, and
could this jealousy be now alarmed in the opinion
of the legislature by what is here suggested the
idea will be relinquished on any surmise of disapprobation
which they might think proper to express."

This statesmanlike solution of the problem
brought the rector out of the embroilment with
much credit, and if "the religious community" had
accepted the benefits proffered it would probably
have been much better for the State and the church.

In October, 1820, the year of Dr. Cooper's resignation,
the Visitors instructed its committee of
superintendence to enter into negotiations with
Nathaniel Bowditch, of Salem, and George Ticknor,
of Boston, to be professors of the University, the
compensation to be apartments, a salary of $2,000
a year, and a fee of $10 for each student engaged.
If salary and fees did not amount to $2,500 in either
the first, second, or third year, the deficiency was to
be paid out of the funds of the University.

Mr. Bowditch was a remarkable man. He was
the son of a cooper, and left school at ten years of
age to work in his father's factory, where he remained
until he went to sea in a very humble capacity.
In time he rose to the highest post in his calling,
and published superior technical works on
navigation. Always an enthusiastic and persistent
student, he became eminent in mathematics, one of

the greatest of his achievements being his translation
of Laplace's great work. A dozen years before
the University of Virginia solicited his acceptance
of a professorship, he had declined a chair at Harvard
and afterwards one at West Point, a very remarkable
record for a self-taught man.

Mr. Ticknor, during a visit to Monticello in
1815, had won the affection and admiration of Mr.
Jefferson. To no other of his correspondents did
the ex-President write in a strain of more unreserved
compliment. Three years before the committee
of the board invited Ticknor to the University,
he had written him of his ambition to found a
great seat of learning, to do all that he could, if it
should not be his good fortune to do all that he
wanted to accomplish for his State. In 1818 he
wrote again on his favorite theme, and once more
discloses his desire to have Ticknor in his faculty.
"Many are the places which would court your
choice," he said, "and none more fervently than the
college I have heretofore mentioned to you." But
Ticknor had other plans, and so his name and fame
are not linked with the history of the University.

The refusal of these scholars to come to Virginia
saved the young institution from another sectarian
assault, because those to whom Cooper's appointment
was offensive were displeased with the choice
of these eminent sons of Massachusetts. The religious
community was uneasy on the score of their religious
beliefs, but what the precise basis of dissent
was nobody would have the patience to enquire at
this day.

In point of time the European professors were the
first engaged, but it is convenient to conclude this
chapter with a reference to the American scholars

who accepted chairs in the University. Of these
Francis Walker Gilmer was the first solicited, but
Tucker was the first to accept. "Mr. Madison and
myself think with predilection of George Tucker,
our member of Congress," Mr. Jefferson wrote
Senator Cabell in December, 1824, in connection
with the professorship of moral philosophy. "You
know him, however, better than we do. Can we get
a better? Will he serve?" Tucker had been in
Congress six years, where he had won distinction as
a debater and constitutional lawyer. Higher political
honors were possible, no doubt, but the literary
life attracted him as it has many who have chosen
the profession of law, and although he hesitated, and
asked for time to consider, he eventually accepted
the chair, and discharged its high duties for twenty
years. He had been educated at William and Mary,
arriving at Williamsburg about 1795 from one of
the Bermuda islands, where he had been born under
the British flag. In literature he wrought in the
field of the historian and sociologist in a manner
and with a success that justified the "predilection"
of Jefferson and Madison. The Visitors never
wavered in their conviction that the chair of law
and politics and that of ethics or moral philosophy
must be filled by Americans, because these subjects
were pre-eminently those that give tone and direction
to the public mind on the most important subjects
that can occupy the human understanding.[3]
Into these they were resolved there should be no
possible opportunity to intrude the teaching of the
moral or social philosophy of Europe, and certainly
the interjection of alien theories of society or government
was impossible under the headship of
George Tucker.

Dr. John Patten Emmet, engaged to teach natural
history and chemistry, was regarded by Mr. Jefferson
as representing the natural sciences in his
faculty. He was found in New York while on a
visit from Charleston, South Carolina, where he had
settled for the practice of his profession, after a
fruitless quest in Europe for an incumbent of this
chair. While he was a native of Dublin, born in
1797, and a nephew of the Irish orator, he had
spent nearly all his life in America. He was educated
chiefly at West Point, and it was a West Point
professor who recommended him to the University,
having himself declined the offer.[4] Dr. Emmet was
the first professor to exercise the authority of chairman
of the faculty.[5]

But Francis Walker Gilmer remains the most interesting,
in a pathetic way, of those first selected as
professors. More distinctly than any of his proposed
colleagues he was a son of the soil. His
heritage was that of a Virginian true to type—loyal
to the home in which he was born, and to the history
and traditions of his State. At times he showed
himself touched with the infirmity of a cynic wit,
which was amiable oftener than bitter; and distinguished
by gifts of a high order and a scholarship
so broad that it justified Mr. Jefferson's characterization
of him to Minister Rush as "the best educated
subject we have raised since the Revolution, highly
qualified in all the important branches of science."

Gilmer was born at Pen Park, near Charlottesville,
in 1790, the son of Dr. George Gilmer, the

descendant of a Scotch family whose ancestral home
was Craigmillar Castle, near Edinburgh. As a child
of five he had probably seen the yet unknown young
Maryland lawyer, William Wirt, when he came to
claim his sister, Mildred, as his bride. He was
irregularly and almost self-taught until he entered
William and Mary, but Wirt bore testimony
many years after to the extent and variety of his
information, while admitting its chaotic character.
It was not long, however, before he was "as remarkable
for the digested method as the extent and
accuracy of his attainments." He impressed the
president of the college so favorably that he was
offered the ushership of the grammar school connected
with the institution. This was declined and
the young alumnus accepted Wirt's invitation to
read law with him in Richmond. Wirt had attracted
to himself some of the most gifted and distinguished
of the literary, social, and official coteries
of the capital. From this time until he was invited
to become professor of law Gilmer devoted himself
alternately to society, the study and practice of law,
the investigation of social and economic questions,
the writing of essays, and the study of natural
sciences under the inspiration of the Portuguese
scholar, the Abbe Correa de Serra.[6]

There is a reason to believe that Mr. Jefferson
had approached Gilmer on the subject of the law
professorship as early as the late fall of 1823.[7] The
purpose in establishing this chair was to contribute
to the strength of American citizenship. His school
of law and politics he sought to base on ethics taught
by an American scholar and upon natural science
and the ancient and modern languages associated
with history and literature, ancient and modern.
"All the arts and sciences were to be tributary to
the education of American citizens for their highest
duties." It was a flattering confidence which the
old philosopher reposed in Gilmer, and the latter
was disposed to assume the office, and yet he hesitated.
Financially considered the post, honorable
as it was, offered no temptation, for he had been reasonably
successful at the bar. There was nothing
to be gained in the matter of leisure, for the certain
demands of his chair would leave no time for literary
employments. There were good reasons for
requesting time for mature reflection, but the truth
is Gilmer seems to have been averse to a fixed
scheme of life. As early as 1814 he had thought of
settling in Lexington, Kentucky, but abandoned
that purpose, perhaps because it involved separation
from his mother. Winchester next engaged his
thought, but he was in no hurry, and more than six

months later we find him on the way to Philadelphia
with the Abbe Correa. The next summer he
reached Winchester, and hung out his shingle,
but the Abbe happening along the shingle was taken
down, and together the old and the young enthusiasts
for nature set out to botanize in the Carolinas.
Gilmer returned to Winchester, and remained for
two years. There he found three good friends,
Judge Holmes, Congressman Tucker, and Chancellor
Dabney Carr, son of Jefferson's sister, the same
he refused to appoint professor of law for the reason
that he was his nephew.[8]

Although successful at Winchester, Gilmer
wished a wider field and went to Baltimore to settle;
but finding some obstacle in the way, although his
friends thought it removable, he decided on Richmond
as the arena of his legal performances, was
not satisfied, went back to Baltimore, and returned
to Richmond. Still looking abroad, he sought the
secretaryship of the territory of Florida, but President
Monroe was not willing to assist in "burying
him." The presidency of William and Mary
seemed possible to him, but Mr. Jefferson hoped he
was not thinking of shutting himself "behind the
door" of that institution. There was a suggestive
similarity in the attitudes of Monroe and Jefferson.
Then Gilmer steadied, and for the next five years he
was in Richmond, pursuing law and literature, the
latter to such good purpose that Pictet, the head of
the University of Geneva, translated his "Theory of

the Natural Bridge," maintaining it to be the only
scientific solution. He was loth to give up scientific
and literary employments which were winning him
European reputation.

Through it all, and influencing his life more, perhaps,
than appears in his letters, he lived under the
suffering and discouragement of physical weakness
and debility. Wirt frequently admonished him in
merry words, but evidently with a heart made serious
by Gilmer's precarious health.

Gilmer consented to consider further the professorship
he had once declined, and when he sailed for
Europe in May, 1824, the matter was still under advisement.
In a letter written in Edinburgh in August
of that year, and addressed but never sent to
his bosom friend, Chapman Johnson, a member of
the Board of Visitors of the University, he indicated
his intention to accept under conditions which
he named. As he is writing to a loyal friend he
feels at liberty to indulge in a little sarcasm at the
expense of the pavilions: "If you would make me
president or something with the privilege of residing
anywhere within three miles of the Rotunda it
would be a great inducement, but to put me down in
one of those pavilions is to serve me as an apothecary
would a lizard or beetle in a phial of whiskey
set in a window and corked tight. I could not for
fifteen hundred dollars endure this even if I had no
labor."

The voyage from Europe shattered a constitution
never strong. He recruited somewhat, but his
health remained precarious. In this condition, according
to Mr. Wirt, he decided to retreat from the
severe labors of his profession, and therefore accepted
the professorship of law in the University of
Virginia.