University of Virginia Library

The papers accompanying the foregoing report as a part
of it read as follows:

To the Board of Miller Trustees, Gentlemen, The undersigned
Committee appointed to confer with the Committee of
the Board of Visitors of the University of Va, in reference
to the appropriation of the income of the Miller fund respectfully
report that they had such conference, of the two
Committees & they agreed to the following:

             

Gross fund		6,000
To be paid two fellowships. (agreed to be established by the Visitors)	600.
Profr Tuttle's salary	3,000.
Profr Thornton's salary	700.
Profr Dunnington's salary	500.
3 Scholarships	750.
Library & contingent fund	450.	6,000.

We were authorized by the Committee of the Board of Visitors,
Messrs Harmon and McIlwaine, to say that the Fellowships
referred to in Profr Tuttle's report would be established.
They also said that if it turned out that the $450. should be
insufficient to properly equip and transfer Mr Tuttle's School
to his new quarters, that they would supplement the same to
the extent of $200. provided they realize the Fayerweather fund
in the meantime.

Respectfully etc. John M. White.

On the recommendation of Capt Vawter, Mr Wilbur H. Ellis of
Albemarle was recommended to the Board of Visitors to fill the
Scholarships created by their Board,- from the scholars of the
Miller Manual Labor school.

A copy from the Minutes, Teste,

R. T. W. Duke, Jr,
Secretary.

June 14th 1897.

On consideration of said report it was

Resolved: That the report of the Miller Board Committee,
approving the recommendations of said Board be adopted & approved
and that the recommendation of said Board for the appointment
of Mr Wilbur H. Ellis of Albemarle to fill the
scholarship created by said Miller Board from the scholars of
the Miller Mannual Labor School be approved and the report of
the Miller Board is ordered to be spread on the records.

Resolved: That the recommendation of the Faculty, page
14 of their report, touching the Mason Fellowship is approved
and Mr Edgar Dawson, the present encumbent, be continued during
the session of 1897-1898.

Resolved: That the proposed changes in the new buildings
submitted by McKim, Mead & White be referred to the Building
Committee with authority and power to act.

Resolved, That the pavilion on the Lawn now occupied by
Mrs Cocke be assigned for the use of the Proctor and that the
house on East Range formerly occupied by Major Peyton, be converted
into dormitories for the use of Students.

Resolved, that the Proctor is authorized to employ his
present Clerk or such other as he may select, and continue him
until otherwise ordered, his term to begin May 1st 1897 at a
salary of $50. per month.

Resolved: That $5,500. of the arrearages of annuity collected
by the late Proctor from the State during or about the
month of July last be transferred to the restoration fund; the
whole amount so collected having been $7,500. and $2000. thereof
having been already transferred to the Sinking Fund.

Hon. W. J. Bryan, the chosen Orator to address the Literary
Societies of the University having arrived it was on motion,

Resolved: That the Rector and Visitors will pay their
respects to Mr W. J. Bryan, in a body, at 2 oclock P. M. to-day.

The Executive Committee submitted to the Board its report
with respect to the buildings in process of erection and restoration
and restoration at the University, dated May 14th 1897,
which upon being read and considered the following resolution
was adopted:

Resolved: That the report of the Executive Committee touching
the work of building and restoration dated May 14th 1897, be
and the same is received and approved, and that said Committee

be authorized and requested to proceed with said work of building
and restoration as specified in the contract of May 26th
1896 with Chas E. Langley & Co which contract it is understood
has been abandoned by said Langley & Co. as shown in said report:
and to this end the said Committee may make all such
arrangements and contracts as they may deem proper for the completion
of the work and may make such modifications in the plans
and specifications of the architects as they may deem judicious;
and may re-let the whole of said uncompleted work; or may relet
the same in part and finish it in part by day labor with materials
furnished by them; or may finish the whole thereof by day
labor as aforesaid; and any such day labor shall be under such
supervision as they may appoint. And said Committee shall obtain
from said Architects all such information and advice as
they may be able to furnish touching a solution of the questions
involved. But nothing herein contained shall be construed as
releasing or authorizing the release of any person or persons
whomsoever from any demand or claim for damages in favor of
this corporation arising or growing out of said contract or
any breach thereof or out of any transaction had or work done
in connection therewith by any person or persons whomsover,
but all such demands and claims are hereby fully reserved.

The Report of the Committee is hereinafter inserted as
part of the minutes of this meeting:

To/
The Rector and Visitors
of the University of Virginia:-

Your Executive Committee beg

leave to make the following report with respect to the buildings
in process of erection and restoration at the University.

The Board is already cognizant of the fact that the
whole of this work was let in one contract of May 26th. 1896
for $269,440. to Chas.E.Langley & Co. who were the lowest bidders
and came to the Committee well recommended.

Under this contract Langley & Co. were to receive monthly
payments of 85 per cent of the value of the work done from
month to month as estimated by the Architects in charge and
the University was to furnish them certain materials for the
work, viz: brick, sand and lime, at a stipulated price.

For the seven months ending Jan'y.31st.1897 the architects
had certified this 85 per cent to be $165,945.96, the estimates
for the latter part of that period running between
25 and 30,000$ per month. There were furnished to Langley &
Co. during this period materials as above stated to the amount
of $16,524.03 with which they were chargeable and materials
were subsequently furnished them to the amount of $7980.38..
making $24,504.41......... of materials furnished them in
all.

The architects failed, however, to allow Langley & Co. any
estimates for the months of February and March, alleging that
the accounts and requisitions of Langley & Co., were not in
proper shapeand that previous estimates needed revision; nor
indeed were any further estimates allowed on the work as it
progressed until May 13th. In the meantime, however, the work
was continued by L. & Co. at about the same rate of expenditure
of labor and materials as theretofore.

In this state of affairs Langley & Co., made appeals to
your Committee for some advancement on these estimates so
withheld, stating that they were wholly unable to carry on
the work unless some payment were made them as contemplated
in the contract; and the architects by two letters, both of
April 2nd. advised your Committee to make such advancement
to the amount of $25,000.00, even though it should encroach
to some extent upon the 15 per cent reserve, because as the
contract approached completion the reserve had accumulated
to such an extent that it would be wise to encroach upon it
rather than have the contractors stop work, and it was believed
that the work to be done for the month of April would
much more than restore the reserve, if encroached upon.

But before making any advancement your Committee directed
that the account against the contractors, Langley & Co.
for materials furnished amounting to $24,504.41.............
should be held in abeyance and not be charged up against them
in full upon estimates allowed; so that the $25,000.00 which
it was proposed to advance or pay the contractors could be
applied solely as a payment upon these 85 per cent estimates
of the architects; and the amount due for materials applied
so as first to cover any balance on said 85 per cent estimates
and then the remainder thereof, if any, held against the reserve
on final settlement.

Your Committee accordingly under these circumstances made
the advancement of $25,000.00 and it was confidently expected
by your Committee under the statements and advice of the architects,
with whom they had a personal conference on the 8th.

May, that the estimates for February, March and April would be
some 50 or 60,000.$ and fully restore the reserve, satisfy the
account for materials and leave a working fund for the contractors.

Contrary to expectation, however, the estimate which was
made for this period and which is dated May 13th. shows only
the sum of $14,254.04 for these three months; it having been
diminished to this amount, as the Architects state, by reason
of over-estimates allowed earlier in the work.

So that by the architects statement the matter would
stand as of May 1st as follows.

                   

Contract and extras claimed		$303,000.00
Amount to complete sub-contracts and day work		91,000.00
		212,000.00
15 per cent reserve		31,800.00
Actual sum due May 1st.		180,200.00
Previously certified Feb.4th.'97		165,945.96
		$14,254.04
Note: Sub-contractors	$68,000.
Days work	23,000.
	$91,000.00

         

But the above statement does not embrace the $25,000. advanced or paid, nor the $7,980.38 of materials furnished since Feb'y.4th. which together amount to		$32,980.38
But to meet this there was
the reserve of	$31,800.00
And above amt. due of	14,254.04	$ 46,054.04
Leaving balance in hands of University on all accounts as of May 1st.		$13,073.66

Work was continued by the contractors until May 15th.
but notices having been served upon the University by parties
claiming as subcontractors and supply men against Langley &
Co. to the amount of about $43,000. under Sec. 2479 of the
Code of Virginia no further payment to L. & Co. under the
contract was possible; and May 15th. being their pay day and
they being wholly unable to meet their pay roll and some
150 laborers being about to be left upon the grounds without
means of subsistance or of getting away (they having received
no wages since April 1st) and Langley & Co. offering to surrender
their contract and tools and materials on the ground, without
litigation as threatened, if the University would advance
$4,500. to meet their pay rolls, which sum they offered to secure
by deed of trust upon all their tools, material and plant
on the ground. Your Committee accepted their offer and a
surrender of their contract and made the advance upon the deed
of trust as stated, all of which is shown by an agreement of
May 15th. with the trust deed attached which are of record
in Albemarle County. The work done from May 1st. to the 15th.
should also be noted in connection with this last advance.

Your Committee took this action under the advice of Counsel
and in view of the hopeless insolvency of Langley & Co. they
are satisfied it was for the best interests of the University.
They will add that the original contract of May 26th. 1896
provided in its 5th. Clause for the University taking possession
of the work and completing it upon the Architects' certificate
in certain contingencies and they have proceeded strictly
in accordance with this provision.

They have made agreements with two of the sub-contractors
to complete the work upon which they were engaged, viz: with
R. Guastivino for the completion of certain tile roofing and
flooring which will amount to probably $1100.00 and with John
R. Williams & Co., for the completion of the slate roofs
upon the four buildings at the foot of the lawn at an approximate
cost of $2,250. This work, however, is at a certain
rate per foot, subject to measurement.

Your Committee also deemed it best to at once continue
the day work which was being done by Langley & Co., but have
employed in this only some 75 instead of 140 or 150 men as
formerly. This work is progressing well and satisfactorily.

It will be observed from the foregoing figures that the
amount within which the work should be completed, if the original
contract be carried out, is approximately $100,000.00.
The architects have taken an inventory and had a survey made
of the uncompleted work and received some bids for the completion
thereof; but these bids, which were coupled with offers
from the sub-contractors for the completion of their respective
portions of the work, were very considerably in excess of
the amount which would have been necessary to complete the
work under the original contract and your Committee have
refsued to consider them. The Architects are now engaged
through their best experts in making the most exhaustive
statement possible of the condition of the incomplete work
and the best way to deal with it. Your committee scarcely
expect that it can be completed in full for the above named
$100,000. because the original contract was at very low rates,

but they anticipate some loss by reason of Langley & Co's.
failure, this, however, they believe should be a very slight
one; and, indeed, they hope that by eliminating some portions
of the work which can be dispensed with without material
inconvenience it may be kept within the contract price.

They recommend that the Rotunda, which is the most nearly
finished of any of the buildings, should be pressed to completion
first.

     

Your Committee will add that against the apparent balance, as indicated by the report of the architects, in favor of Langley & Co. on page 3 [142] amounting to	$13,073.66
There is to be charged for freight paid by the University for them	2,133.78
Leaving amt. of said balance	$10,939.88

And they are also chargeable with the cost of the temporary
railroad track laid to the University grounds. And further
under the terms of their original contract they are chargeable
with all the cost and expense of completing the whole unfinished
work undertaken in said contract, no matter what loss
may be involved therein.

May 14th. 1897.

Respectfully submitted.

W. C. N. Randolph Chman

A. C. Gordon

Marshall McCormick

D. Harmon

[1] It appearing from the Report of the Proctor that the sum
of Thirteen thousand seven hundred and Eighteen 12/100 dollars
($13,718.12) is on deposit in bank belonging to the sinking
fund but uninvested, and it further appearing that the Fayerweather

bequest has been assured to the University by the decision
of the Court of last resort of the State of New York
and while the same is invested in interest bearing funds it
is not immediately available for distribution; and it further
appearing that moneys are needed for the restoration fund to
which the Fayerweather bequest would be applicable if collected
and in hand, and that the sinking fund would be safely invested
if placed in the Fayerweather fund and pro tanto the securities
held by and representing the same:

Resolved: That so much of the Fayerweather fund as would
fully represent and cover the said sinking fund with 6 per cent
interest thereon from date be transferred, set aside and appropriated
to the said sinking fund as an investment thereof and
the said amount of uninvested money in bank be transferred to
said restoration fund; and whenever the amount of the sinking
fund so invested in said Fayerweather fund shall be paid in
money the same shall be forthwith invested by the Proctor as
provided by the regulations of the Board. And it is hereby
expressly intended and declared that this shall be an investment
of said sinking fund and by no means an infringement
thereon or an appropriation thereof to uses not contemplated
by law or the regulations of the University. This resolution
is passed after advising with the Counsel of the Board.

The Secretary will, and he is hereby directed to record
on the Minutes of this meeting the Proctor's report above referred
to.

Said report is in the following words and figures, to wit:

                                                                                                                                                                                     

Cr.
By Annuity		$40,000.00
By Additional annual appropriation by State to pay interest on new University 5% bonds, $200,000. in amount, authorized for purpose of restoration by the General Assembly January 23d 1896	$10,000.00
Interest on said bonds prior to July 1st paid by State to the University in accordance with general appropriation bill March 1896.	7,500.00
By Matriculation fees	18,168.49
By Fees of Schools	34,094.21
By Rents	6,301.16
By Interest. Corcoran State of Va Certificates	6,000.00
By Interest. Madison State of Va Certificates	156.00
By Interest. Fayerweather Bonds July 1st 1896	465.00
By Astronomical Department	4,610.00
By Agricultural & Biological Department	6,000.00
By Kent Memorial Professorship	3,000.00
By Scholarships-(Mason & Brown)	330.00
By Library	300.00
By Sinking Fund (Interest)	1,610.00
By Bernard Mason, (Compromise of old debt)	12.00	138,546.86
Dr
To Balance from Session 1895-6	2,814.69
To Salaries 17 Professors $3000.	51,000.00
To Salaries 2 Professors $2600.	5,200.00
To Salaries 1 Professors $2000.	2,000.00
To Salaries 4 Professors $1500.00	6,000.00
To Salaries 1 Instructor $1250.	1,250.00
To Salaries 3 Instructor $1000.	3,000.00
To Salaries 2 Instructor $800.	1,600.00
To Salaries 1 Instructor $550.	550.00
To Salaries 3 Instructor $300.	900.00
To Salaries Officers 1 Proctor	2,000.00
To Salaries 1 Supt Grounds & Buildings	1,200.00
To Salaries 1 Librarian	1,000.00
To Salaries 1 Secretary of Faculty	800.00
To Salaries 1 Chairman of Faculty	500.00
To Salaries Secretary of Board	300.00
To Salaries Commissioner of accounts	150.00
To Salaries Janitor of Rotunda	300.00
To Salaries Janitor Anatomical Hall	240.00
To Salaries Janitor Museum	180.00
To Salaries Janitor Chemical Laboratory	135.00
To Salaries Janitor Medical Hall	135.00
To Salaries Janitor Annexes	135.00
To Salaries Janitor Dispensary	100.00
To Salaries Janitor Gymnasium	225.00
To Messenger to Chairman Faculty	120.00
To Police 1 Night Watchman	360.00
To Reservoir	150.00
To Repairs & Improvements	8,000.00
To Contingent Expenses	1,500.00
To Diplomas	500.00
To Astronomical Department	1,610.00
To Anatomical Department	300.00
To Agricultural & Biological Department	650.00
To Chemical Department	385.00
To Engineering Department	75.00
To Natural History Department	(50.) $50.00
To Operative Surgery Department	100.00
To Pathological Department Laboratory	250,00
To Dispensary Department	400.00
To Summer Chairman of Faculty	416.66
To Alumni Bulletin	500.00
To Advertising	1,700.00
To Catalogues	750.00
To Library	476.00
To Printing	200.00
To Jefferson Society	100.00
To Washington Society	50.00
To Scholarships - Miller	750.00
To Scholarships - Brown	120.00
To Scholarships - Mason	210.00
To Law Library	40.00
To Annals of Mathematics	350.00
To Gymnasium 1,815.00	450.00
80.00
To Insurance 7.42	1,902.42
To Interest on New 5% University Bonds	10,000.00
To Interest on Bonded Debt (Old)	5,170.00
To Interest Sinking Fund	2,050.00
To Sinking Fund (New Debt)	2,000.00
To Reserve Fund, balance of interest prior to July 1/96	5,500.00
To Fuel	503.97
To Fuel Gas (to April 10th. 97)	360.92
To Lights (to June 1. 97)	705.52
To Rents (Commutation to 7 Professors)	2,100.00
To School fees (due from students on deferred payment notes)	1,555.81
To Matriculation fees to credit of Infirmary	2,842.50
To School fees due from students on open accounts	620.00
To Sinking Fund (from Interest)	1,610.00	$139,198.49
Deficit carried over		$ 651.63
Deficit brought forward		$ 651.63
Less collections from students June 12th & 14th		$ 184.75
Balance of Deficit for Session 1896-7		$ 466.88

The following is a copy of a special report of the Proctor
in regard to the Sinking Fund.

In reply to the resolution of the Board I beg to send
herewith a copy from the Ledger showing the record there by
Major Peyton in reference to the Sinking Fund accounts, but as
there is little information to be gained from this transcript
of his Ledger account, I have thought proper to add the following
as my understanding of the account referred to.

Old Debt

The sinking fund bonds on hand as shown by the inventory
taken by the Committee on May 26th are as follows, (in the
Bank of Albemarle):

         

Ga Pacific 5's face value	$2 000.00
S.S.R.R. 6's face value	500.00
U. of Va 500. 8's	8 500.00
U. of Va 1000.8's face value	10,000.00
Total	$21,000.00

If the Sinking Fund account of the late Proctor, as shown on
page 14 appendix is correct, the cash on hand to the credit
of the Old Sinking Fund ought to be what would be represented
by the sale of the $10,500. face value Va 3s. Section 1555
Laws of the University of Virginia, 1892, reads as follows:
"Out of said appropriation of forty thousand dollars, there
shall be first set apart, annually, the sum of seven thousand
two hundred and twenty dollars, to pay the interest accruing
on the existing interest-bearing debt of the University (amounting
to seventy nine thousand dollars), and to constitute a
sinking fund for the liquidation of the principal of the same;
and the said sum of seven thousand two hundred and twenty dollars
shall be applied to no other purpose or object whatever".

     

In compliance with this law, I have charged on the last page of my statement	$5,170.00 to pay in-
terest on the bonded debt, and	2,050.00 should
be credited to the Sinking Fund,	$7,220.00

As to the credit to which the new debt is entitled, you
will find on page 5 of the Deed of Trust from the University
of Virginia to Virginia Trust Co. as the action
[sic] of the Rector and Visitors on the 25th day of April 1896,
that it was resolved that "said Trust Deed shall further contain
a covenant on the part of this corporation for the establishment,
setting apart and maintenance of a Sinking Fund of
not less than $2000. per annum out of the current revenues of
the University to meet and discharge the principal of said
bonds".

Statement of Cash to the credit of the Sinking Fund:

         

Amount applicable out of $40,000: appropriation	2 050.00
Interest on Sinking Fund investment	1 610.00
Proceeds from sale of $10,500 Va 3's. (figures from Bank of Albemarle)	8 118.12
Amount applicable to sinking fund new bonds. New appropriation	2 000.00
	$13,778.12

Respectfully submitted,

Thos H. Carter,
Proctor.

Resolved, that the alumni be allowed to express their
views to the Visitors on the question of the expediency of the
election of a President for the University, and that the Alumni
be requested to express their views within one hour.

A copy of the foregoing resolution was communicated to
the Society of Alumni then in session and thereupon a committee
from the Society composed of Rev. R. H. McKim, James P. Harrison,
Esq and others and were heard by the Board on the question
of the expediency of the election of a President for the University.

Mr Gordon moved the addoption of the following resolutions,
and that a recorded vote be taken thereon, which was ordered,
and upon a call of the roll the resolutions were adopted, the
vote thereon being as follows:

   

In favor of the resolutions, the Rector, Harmon, McCormick, Gordon, and McIlwaine	5
Against - Irvine and Bryan	2

Resolved: That while it is the present sense of this Board
that the best interests of the University of Va demand the election
of an Executive head of the University; yet in order to
give the Faculty, the Alumni and the friends of the University
ample opportunity for the full, free and untrammelled consideration
and discussion of this very important movement, it is resolved
that action upon the report of the Special Committee on
such executive officer be deferred to a meeting in November
1897, which it is hereby directed that the Rector shall then
call.

Resolved: That the Report aforesaid be spread on the minutes;
and that Mr Joseph Bryan, the other member of the Committee
be allowed to file for recordation after said report, a minority
report.

On motion of Mr Gordon the following resolutions in relation
to the reports above referred to were adopted.

Resolved: That the Report of the Special Committee on
the election of an Executive head of the University, and any
minority report thereon that may be filed, be printed in the
Alumni Bulletin.

Resolved: That with such publications, the public be
notified at the same time and by the same medium that said report
will be acted on by the Board at a special meeting to be
called in November 1897.

Report of the Committee on the Presidency

To the Rector and Visitors of the University of Virginia.

The Special Committee appointed by the Visitors at the
meeting in June, 1896, to consider the question of creating
an executive department of the University, whose official occupant's
duties should be confined exclusively to the administration
of the government of the University, beg leave to
report as follows:

Since the foundation of the University of Virginia by
Mr Jefferson, its executive officer has been a Chairman of
the Faculty, annually appointed by the Visitors from among
the professors. He is charged with superintending the execution
of all laws made for the government of the University,
and for the government and discipline of the students. For
the past few years, this official has been assisted in the
latter direction, under resolution of the Visitors, by a
Board of Discipline, composed of professors selected from
the several departments of the University, whose functions
have been construed to be of an advisory character.

Among his numerous duties and responsibilities, the
Chairman is, by law, required, to supervise the work of the
Proctor, and of all the other subordinate or co-ordinate
administrative officers of the institution, and to act as
the medium of communication between them and the Visitors;
to convene the Faculty, when requested, and to preside at
the meetings; to grant leave of withdrawal from the University
to offending students; to give written permission to
students who have been expelled, suspended or dismissed to
enter the University precincts for good cause shown; to apprise
parents or guardians of the withdrawal, suspension or
expulsion of students; to send monthly circular reports to the
parent or guardian of each student, communicating the student's
absence from lecture, and such other derelictions as
may occur, and apprising them of the general conduct and progress
of their sons or wards; to permit students to change
their hotels or mess clubs; to grant in writing the use of
the public rooms for meetings of students; to report to the
Board in session, or to the Rector, on any Visitor, in writing,
any matter which he deems likely to affect seriously the
interest of the University; to make written reports to the
Board at each regular meeting upon the general condition of
the University, with recommendations and suggestions as to
the adoption of such measures as may commend themselves to his
judgment, and may not have been considered by the Faculty; and
to keep a regular journal of his proceedings for the benefit
of the Executive Committee of the Board and of the Visitors.

A divided authority, however, is shared with Chairman by
the Faculty itself, which is in certain directions the supervisory

executive body of the University, possessing powers of
government and discipline specifically prescribed, and speaking
through the Chairman as its mouthpiece, and in other directions
wielding an authority only coordinate with, or subordinate
to, that possessed by him. And yet, although thus
sharing a divided power and authority with the Faculty, the
Chairman has constantly upon his shoulders the onus and
responsibility, which the Faculty, in a measure, escapes.

Superadded to his duties as a governing agent, many and
various as they are often perplexing and disagreeable, the
Chairman must, as professor, devote to the work of his classroom,
in justice to himself, no less than to his school, such
time, care and attention as are required of each other professor
in the University.

The plan of government of the University, which has been
briefly outlined above, was based upon and grew out of Mr Jefferson's
thoroughly democratic spirit and method of thought.
He designed to establish here a government of a great educational
institution founded upon the fundamental principle on
which he based the state, the principle of individual equality
and independence. It is no reflection, however, upon the democratic
idea, that the changed conditions existing after the
lapse of three quarters of a century point out the fact, that
the professor who in this day is charged with official duties
outside of, and beyond, those necessarily appertaining to his
chair, is no longer on an equality with those of his fellow
professors not so burdened.

That the system of government as ordained by the founder
of the University of Virginia has not heretofore always and

successfully met the requirements of the institution cannot be
affirmed; but it is a significant fact that while the peculiar
system of Education established for the first time on
American soil at this University by Mr Jefferson, viz: the
Elective System,- has so conspicuously stood the test of
time as to compel its introduction into the other leading institutions
of learning, where it flourished and progresses
with the years, but few have adopted, and none has retained,
the peculiar form and principle of government established here
at the same time. The University of Texas being the last to
abandon it, about a year ago, after an unsatisfactory trial.

Without derogation of either the principle involved, or
of its execution as heretofore illustrated in the history of
the University of Virginia, your Committee is of the opinion
that the conditions now existing in the educational world,
radically differing in many respects from those which confronted
Mr Jefferson, while emphasising and accentuating to
his undiminished glory the wisdom of his elective plan of
education, demand a change in the peculiar system of University
government established by him.

The tendency of the age in the activities of life is in
the direction of specialization, and insistened upon the
Scriptural precept that proper service cannot be rendered
unto two masters. The German scholar who on his death bed
lamented that he had studied both the Greek propositions
and , when the shortness of life proved to him that
he should have given his thought only to , is an exaggerated
illustration of the tendency of modern Science and

scholarship no less than of modern business. The University
Professor should stick to the work of his professorship—to
the duties growing out of his relations with his students—
if he would even hold his own, to say nothing of going forward,
in the sunset years of the century

Without undertaking to discuss the good or evil of this
tendency, we must recognize its existence as a fact. Modern
life presses on us in so many phases that he is Herculean indeed
who can be great in more than one thing. Competition in
the educational world is no less keen than in that of business;
and other conditions being equal, that University will
be most successful in the race which adds to the best discipline,
the best instruction and the best scholarship, also
the best business management. Without trenching further on the time
of the Board, than to say in this connection that the argument
in favor of an independent executive head of the University
is not answered by saying that we seek to subvert a
Jeffersonian principle: because progress was the breath of
life in Mr. Jefferson's nostrils, and insisting further that
the creation of such an office is no more a subversion of the
principle of professorial equality than we the establishment
of the office of Proctor, or that of Superintendent of Grounds
and Buildings, and the filling of the offices from men outside
the Faculty: we would respectfully submit that in the opinion
of Your Committee the growth of the University of Virginia of
late years, in the number of its students, in the development
of its schools, and in the character of its instruction requires
and demands that its government should be in the hands

of an officer, who shall be unhampered in the discharge of
his administrative duties by the duties of professor;- and
that every professor of the University should be left free to
devote all his time, energy and talent to the work of his
school, without the let or hinderance of University government
or business outside of his class-room

To perform the executive duties and offices now imposed
by law upon the Chairman, to familiarize himself with the
higher education as taught in the best institutions of the
world, to suggest wise administrative and other changes to
the Visitors, to visit the great cities of the country and
arouse and inspire the interest and enthusiasm of our alumni,
- these and many other functions should fall properly to the
province of such an officer. It would require talents of a
peculiar and distinguished order to properly perform them:
and the compensation attached to the position should be commensurate
with its dignity and importance.

But in enacting legislation of so radical a character
as that now advocated by your Committee, they desire it to be
clearly indicated that the discipline of the students should
be left with their instructors. Under the influence of a correct
and exalted public sentiment emanating from the members
of the Faculty in their individual capacities as "guides, philosophers
and friends", has grown up a system of disciplinary
law and order among the students themselves that is traditional
as one of the finest distinguishing features of this institution.
This distinctive "honor system", fostered and promoted
by the reciprocal relations of teacher and student, should not

be interfered with or jeopardized. The academic plan of instruction
and of discipline should remain as heretofore, in
the hands of those best calculated to continue it successfully,
and it is only in the administration of the exacting
business requirements of the institution that the services
of the executive officer now contemplated are most urgently
demanded by the exigencies of its development and growth.

Before concluding this report, your Committee would express
the appreciative feelings which they entertain towards
the following distinguished gentlemen who have very kindly
aided them in their consideration of the question in hand:
Presidents D. C. Gilman, of Johns Hopkins, Seth Low, of Columbia,
Eliot, of Harvard, Wm R. Harper, of Chicago, Patton, of
Princeton, and J. G. Schurman, of Cornell; all of whom have
sent your Committee copies of their several rules and regulations
bearing upon the relations of the president to the
institution under his charge, and several of whom have expressed
their interest in the action of our Board by personal
letters to the Chairman of this Committee.

Your Committee recommends the passage of the following
resolutions, viz:

Resolved I. That there shall be a President of the University
of Virginia, who shall be elected by the Board of Visitors,
at a salary of $500000 per annum, payable quarterly out
of the funds of the University, and who shall be furnished
with a dwelling, or commutation for the rent thereof. His
term of office shall be four years, and he may be removed by
a two-thirds vote of the whole number of Visitors for cause.

He shall reside within the University precincts. He shall be
the authorized means of communication between the Rector and
Visitors and the various officers of instruction and administration
employed in the University. It shall be his duty to
consult with the Professors in respect to the development of
their various departments and with the Faculty and its Chairman
with respect to the general interests of the University;
and he shall exercise such general superintendence over the
buildings, apparatus, books, and other property as will ensure
their protection and appropriate use. In respect to
these matters and all others which concern the welfare of the
University, he shall consult frequently with the Executive
Committee, and he shall attend the meetings of the Board of
Visitors. He shall regularly inspect and audit the accounts
of the Proctor; and he shall, when convenient, attend the
meetings of the Faculty. He shall, upon the recommendation
of the Faculty, grant leave of withdrawal from the University
to offending students; he shall grant to students in writing
the use of the public rooms for meetings; and shall make written
reports to the Board at each regular meeting upon the general
condition of the University, with recommendations and
suggestions as to the adoption of such measures as may commend
themselves to his judgment; and he shall keep a journal of his
proceedings for the benefit of the Executive Committee and of
the Visitors.

Resolved II That there shall be a Chairman of the Faculty
appointed as heretofore, whose duties shall be to convene
the Faculty, when requested, and to preside at the meetings:

who shall exercise all the functions heretofore exercised by
the Chairman of the Faculty with respect to the discipline of
the University, and the instruction in the several departments;
but whose powers and duties, other than those of a professor,
shall not extend beyond said subjects of discipline and instruction.
He shall be the medium of communication between
the Faculty and the President; and in the absence of the latter
officer from the University, he shall be ex officio, President
pro tempore of the University.

Resolved III, That these resolutions shall take effect
on the       day of       189 .

Resolved: That this Committee recommend the following
names to the consideration of the Visitors for the office of
President:

(Blank)

Respectfully,

Armistead C. Gordon

Wm B. McIlwaine,
Committee.

I beg to further report that I have examined all the
accounts of the Superintendent of Grounds & Buildings as also
the accounts of the Proctor's office embracing the time between
the death of the Proctor and the appointment of his successor
and found the same to be correct.

W. P. Smith.

"A"

Statement of cash account from June 30th 1896 to May 1 1897.

                           

Balance in Peoples Bank July 1, 1896		$ 32,054.94
Balance in Bank of Albemarle 1, 1896		29,678.73
		61,733.67
Receipts per Cash Book		391,784.04
		453,517.71
Cash disbursed, per Cash Book		339,928.02
Balance per Cash Book		$113,589.69
——Cash on hand——
Cash in safe in Proctor's office	365.16
Less coal tickets chargeable to Proctor	280.00
	85.16
In Bank of Albemarle per Bank Book	81,924.72
In Peoples Natl Bank per Bank Book	31,744.38	113,754.26
Balance due G. Peyton, Proctor-		$164.57

Subject to any oustanding, unsettled coal tickets or other cash
tickets.

."C."

Receipts from the sale of Bonds, per Proctor's Cashbook from

                                                                         

June 30th,	96 to May 1, 97
1896
July 2	From sale of R. & D. 6's	1 500.00
10	Virginia 3's	4 004.62
	Virginia 3's	2 088.75
Sep 30	University Bonds	39,100.
Oct 5	University Bonds Dunnington	8,166.66
24	University Bonds	5,629.13
	University Bonds	513.59
30	University (Coupons)	3,562.50
Oct 31	University Bonds	3 000.00
Nov 2	University Bonds	3 000.
	University Bonds	2 500.
4	University Bonds	500.
5	University Bonds	1 001.08
10	University Bonds	1 502.08
10	University Bonds	16,275.
10	University Bonds	34,653.40
24	Virginia 3s New	7,022.36
24	University bonds	5,016.67
24	University bonds	4,501.25
24	University bonds	8,033.33
Decr 12	University bonds	5,029.17
18	University bonds	15,092.50
18	University bonds	10,086.24
18	Virginia 3s	3,256.88
18	R & D. 6s	41,287.50
Decr 18 1897	R & D. 6s	17,698.25
1897
Jany 1	R & D. 6s	1,500.
		$245,520.96
——Recapitulation——
Virginia threes	44,003.65
Richmond & Danville sixes	61,985.75
Collections of Coupons	3,562.50
A. & C. Bonds	16,275.00
University of Va Bonds	119,694.06	$245,520.96

In addition to the above there was received from C. E. Langley
& Co for 5 U. of Va Bonds, (which was deducted from his
Pay Roll, and therefore did not pass through the cash account)
$5,108.83.

——"D"——

Inventory of Bonds in Bank of Albemarle at Charlottesville,
Va May 26th 1897.

Virginia State Certificate No. 8, Mar. 25, 1892, issued in
lieu of the following:

                                   

Old unfunded registered Bonds	1,500.00
Legacy of Jas Madison for benefit of Lib'ry	1,100.
Consol rgstd Donation, W. W. Corcoran	100,000	102,600.00
Certificate of Mercantile Trust & Deposit Co.
C. F. & Y. V. R. R. Series "A"	3 000.
C. F. & Y. V. R. R. Series "B"	1 000.
C. F. & Y. V. R. R. Series "C"	1 000.	5,000.00
Georgia Pacific Coupon Bonds Nos 3013 & 3026		2,000
Southside R. R 3d preferred No. 235		500.
University of Va 8% Mortgage Bonds:
Nos 36, 37, 101 $500 each	1 500.00
do Nos 124, 126, 127, 128, 129, 130, 131, 132, 135, 136, 137, 138, 139, 140, 141, 142, 143, of $500. Each 8% reduced to 6% =	8,500.	10,000.00
State of Virginia 3s registered:
No. 5869, 5870, 5871, 5872, 5873, 5874, 5875 of $1000. each, Jno. Y. Mason fellowship		7,000.00
University of Va 8% reduced to 6%, Gordon bequest nos 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 $500. each		5,000.00
University of Va 8% Sinking Fund - No 15, 16, 32, 35, 43, 44, 69, 91, 92, 107, 108, 113, 122, 123, 125, 133, 134 ($500. each)		8,500.00
University of Va 8% Sinking Fund - Nos 3, 4, 5, 7, 9, 10, 12, 13, 14, 22 of $1000. each		10,000.
		$150,600.00

Inventory of Bonds in Peoples National Bank at Charlottesville,
Va May 26th 1897.

 

University of Virginia, 1st Mortgage 5 per cent-Bonds, Nod from 19 to 120, both inclusive, and 280, 343, and from 352 to 400, both in clusive- comprising 153 Bonds of $500. each=

$ 76,500.00

——"E"——

Statement of Sales of Bonds. U. of Va 5s

             

Amount recd, per Cash Book		119,694.06
Sale to Langley & Co deducted from Pay Roll		5,108.33
Coupons per Cash Account		3,562.50
		$128,364.89
247 Bonds 500 =	123,500.
Accrued interest	4,814.15
	$128,314.15

Statement of sales of Virginia 3's

   

The Proctor's report of 1894-95 shows Va 3's on hand in addition to the Mason Fellowship which are still on hand. Fayerweather fund - par value	50,000.
Sinking Fund	10,000	60,000.

The Fayerweather bonds are accounted for as follows:

           

Ledger 1895-6 p. 705. Sold to reserve fund	4,000.
Sold to Sinking Fund	3,500.
Sold for improvements etc.	11,500.
Ledger 1896-7 p. 720 Sold to Old Sinking Fund	4,000.
Sold to New Sinking Fund	3,000.
Sold for restoration Fund	24,000.	50,000

The sales of these bonds were as follows:

                 

1895-6
June 1	Sale of 11500. Fayerweather fund	8,222.50
1896-7
Nov 11	Sale of 24,000 Fayerweather fund	17,520.00
Nov 11	Sale of 4,000. Reserve fund	2,920.
Nov 11	Sale of 3,000. New Sinking fund	2,190.
1896-7 Nov	Sale of _____ Old Sinking fund	11,663.75
		$42,516.25
Cash account shows proceeds of Va 3s		$44,003.65

The difference of $1487.40 is evidently made up of accrued
interest to date of sales. The above sales include the whole
$60,000.

See ps 193-4 [194-5] of this Book, for transcript
of Rect above erased and the Securities.

J. D. J. Secy.

Resolved: That after the transactions of the present
session are fully closed the Proctor shall settle with the
Executrix of Green Peyton the $164.57, appearing to be due
him, subject to such deductions as may appear to be necessary
in closing up the years business, and the Proctor shall
also pay to said Executrix the amount of salary due at the
date of Major Peyton's death.

The resolution heretofore made by the Executive Committee
directing the last quarters salary to be paid to his
widow is approved.

The Finance Committee submitted its report which upon
being read and considered was on motion ordered to be received,
adopted and spread upon the minutes.

Said report is in the following words and figures:

To the Rector and Visitors of the University of Virginia.

Your Committee on finance respectfully reports an estimate
of income and expenditures for the year 1897-98 showing
an estimated deficit of $121.80.

Respectfully,
D. Harmon Committee

                                                                                                                                                                                                                             

Estimated income for 1897-98
State annuity		50,000.
Corcoran Fund		6,000.
Miller Fund		6,000.
Linden Kent Fund		3,000.
Astronomical Fund		4,455.
Masison Fund [Madison?]		156.
Gordon Fund		300.
Brown Fund		120.
Mason Fund		210.
Sinking Fund		1,610.
Est.d fees of 455 Students $110.		50,050.
		$121,901.
Expenditures.
1st Instruction.
17 Professors $3000.			51,000
2 Professors 2600.			5,200.
1 Professors			1,500
1 Associate			2,000
3 Adjuncts 1500			4,500
Instructor in Physics			800
Instructor in Latin			700
Instructor in English Language			300
Demonstrator of Anatomy			1 000
Demonstrator of Pathology & Med. Biol.			800
Director of Gymnasium			1 250
			69,050.
2d Salaries of Officers.
Chairman		500
Proctor & Superint		2 000
Supt of G. & Bs (3 Mos)		300
Secy Faculty		800
Secy Board		450
Librarian		1 000.
Clerk of Proctor & Supt		600
Commissioner of Accs		150	5 800
3d Scholarships & Fellowships
3 Miller Scholarships		750.
Brown Scholarships		120
Mason Fellowship		210
2 Fellowships Agr & Biol.		600
	2 of 350
3 Astronom. fellowships	1 of 400	1 100	2 780
4th Interest & Sinking Fund
Sinking Fund (Old debt)
Appropriation 2050
Interest 1610	3 660
Sinking Fund (New debt)	2 000
Interest (Old debt)	5 170
Interest (New debt)	10,000	20 830
5th Miscellaneous
Repairs & Improvements	4 280
Commutation of Rents (7 Profrs)	2 100
Contingent	1 500
Reservoir Tax	150
Insurance	1 200
Refund Mr Page	30
Refund Mr McNair	50
Refund Mr Bruns	30
Water Closet Dispensary	150
Water Closet Med Hall	50	9 540
6th Employees.
Janitor & Plumber	720
Day Policeman (Boss of hands)	600
Night Policeman	360
Janitor Rotunda	300
Janitor Museum	180
Janitor Chem. Laboratory	135
Janitor Anatom. Hall	240
Janitor Gymnasium	225
Janitor Med. Hall	135
Janitor Wash. Soc. & Temp. Hall	135
Janitor Dispensary	100
Chairman's Messenger	120
7 Laborers	1 000	4 250
7th Working Expenses:
Alumni Bulletin	300
Observatory	355
Agr & Biol.	450
Cheml Depart.	385
Enginering Depart.	75
Anatomical Material	300
Min. & Geol. Depart.	50
Decennial Catalogue	75
Dispensary	400
Hospital	600
Library	476
Diplomas	300
Printing blanks	200
Catalogue & postage on same	1 000
Advertising	1 600
Gymnasium	450
Fuel	500
Lights	750
Fuel Gas	190
Pathological Laboratory	250
Annals of Mathematics	500
Wash. & Jeff. Societies	100	9 306.
Recapitulation=
Income			121,901
Expenditures;
Instruction	69,050
Salaries of Officers	5,800
Scholarships & Fellowships	2,780
Int. & Sinking Fund	20,830
Miscellaneous	9,540
Employes	4,250
Working Expenses	9,306		121,556
		Balance	345
Amt to cover Deficiency 1896-97 per Proctor's report			121.88
			$466.88

Statement of Securities owned by the University of Virginia,
May 26th 1897:

       

Virginia State Certificate, No. 8, March 25th 1892 issued in lieu of the following old unfunded, registered Bonds, March 8th 1847	$ 1 500.00
A Legacy of James Madison for the benefit of the Library	1 100.00
Consol, registered Bonds, donation of W. W. Corcoran	100, 00.00
	$102,600.00

Certificate of Mercantile Trust & Deposit Co.-

           

C. F. & Y. V. R. R. Co.= Series A. 3000.
C. F. & Y. V. R. R. Co.= Series B. 1000.
C. F. & Y. V. R. R. Co.= Series C. 1000.		5,000.00
Georgia Pacific Coupon Bonds Nos 3013 & 3026.	Sinking Fund.	2,000.00
Southside R. R. 3d preferred, No. 235		500.00
University of Va 8% Mortgage bonds, Nos 36, 37 & 101 of 500.$ each		1,500.00

                 

Also nos. 124 to 143, both inclusive, making 17 bonds of 500$ each	8,500.00
State of Virginia 3s, registered, 7 bonds of $1000. Nos 5869 to 5875, both inclusive. J. Y. Mason Fellowship	7,000.00
University of Va 8% reduced to 6%, Gordon Legacy, 10 Bonds of $500. each & Nod 1 to 10, both inclusive	5,000.00
University of Va 8%, Sinking Fund. 17 Bonds of $500. each, nos 15, 16, 32, 35, 43, 44, 69, 91, 92, 107, 108, 113, 122, 123, 125, 133, 134	8,500.00
Amt carried forward	$140,600.00
Amount brought forward	$140,600.00
University of Va 8%, Sinking Fund. 10 Bonds of $1000. each, Nos 3, 4, 5, 7, 9, 10, 12, 13, 14, 22.	10,000.00
	$150,600.00
University of Va, 5% Mortgage Bonds. 153 Bonds of $500. each Nod from 19 to 120, both inclusive, and 280 & 343, and from 352 to 400, both inclusive	$ 76,500.00

The Securities mentioned above have been received by me;
and I have also received $81,924.72, on deposit in the Bank
of Albemarle and $31,744.38, on deposit in the Peoples National
Bank, the aggregate of such cash being One Hundred and
Thirteen Thousand Six hundred and Sixty-Nine Dollars and ten
cents.

Thos H. Carter
Proctor.

Minority report of the Special Committee of the Board of Visitors
of the University of Virginia on the expediency of having
an Executive head of the University.

I am unable to concur in the recommendations of the Committee
(majority) to whom was referred the resolution of June
16, 1896, directing them to consider the "expediency of electing
a chairman of the faculty, who shall not only preside over
the faculty meetings, but shall be the executive officer in
charge of and at the head of University affairs."

The resolution, submitted by the Committee at the conclusion
of their report, provides that there shall be a President
of the University of Virginia, as well as a chairman of
the faculty, appointed as heretofore.

The report of the Committee states that the nature of
their proposed legislation is "radical," and the statement
is not too strong. The proposition is to change in toto the
whole theory and practice of the administration of the University
of Virginia. The movement towards this change seems to
have been accelerated between the time of the resolution of
the Board and the report of the Committee. The Board seemed
to contemplate the election of a chairman of the faculty as
an executive head.

The report plainly proposes the election of a president
in addition to the chairman of the faculty, and proposes a
plan of organization under the headship of this President
entirely inconsistent with the organization and management
of the University as it has existed from its foundation.

That the idea of having a President is not new is apparent
from the action of the Board while Mr Jefferson was

rector, when William Wirt, then Attorney General of the
United States, was proposed as President and Professor of
Law, and for reasons which are as good today as they were
then, Mr Jefferson entered his protest, a copy of which, is
appended to this minority report.

Among the reasons why the organization of the University
should not be changed to that proposed, the following
appear to be worthy of consideration: First, it violates
the fundamental theory of the organization of the University,
which has worked successfully for seventy years, and
has vindicated the wisdom of its author.

The government of the University is in the hands of the
faculty, all of whom share the responsibility and are under
obligation to promote its welfare and orderly conduct with
their best endeavors. A member of the faculty is chosen by
the Board of Visitors from year to year, as chairman and executive
head of the University. He is the mouth-piece of the
Faculty, and his duties, which are laid down by law, are simple
and plain. Heretofore some member of the faculty has been
found who was able and willing to perform the duties of chairman
as well as to fill his chair as professor. Many years ago,
it was customary for the chairman to hold his office for a
short time, and then to be succeeded by some other member of
the faculty, so that a partial rotation was established. The
choice of chairman was always governed by the aptitude of the
professor for executive duties. After the war, the chairman,
though elected from year to year, was kept in office for a
period so protracted that the idea of rotation or of a limited

period of service was obscured or lost. The plan under which
the University is managed utterly rejects the idea of one man
power, and does not commit to the chance of choosing a possibly
unsuitable person, the great interests which are ordinarily
lodged in the hands of the President of an University. It
was thought that from so large a body of eminent educators
as constitute the faculty of the University, it would be easy
to choose some one who clould administer the functions of executive
head for a limited time, and who could retire to his
exclusive professorial duties, and be succeeded by another
without any breach whatever of the continuity of organization
and management. That a suitable man may be had for this purpose,
from the faculty, is proven conclusively by the experience
of the seventy years of life of the Institution.

It has been said that "the American College President, as
the functions of the office have developed, is an anomolous
figure. It is a place which requires both a scholar and a
man of affairs; an impossible thing, to fill it." But, even
should this extraordinary person be discovered, and the theory
under which he would be elected be conceded to be good in practice
for other Universities, it would be a serious question
whether the rule that might properly prevail elsewhere, for
Universities not under political control, as is the University
of Virginia, would be applicable in our case. The report proposes
to pay this President $5,000. and provide him with a
residence; and as he would be expected "to familiarize himself
with the higher education as had in the best institutions
in the world, to suggest wise administrative and other

changes to the Visitors, to visit the great cities of the
Country, and arouse and inspire the interest and enthusiasm
of our alumni," there would necessarily be other considerable
expenses incident to the performance of these functions, which
would have to be performed in a manner commensurate with that
adopted by the Presidents of other great and highly endowed
Universities.

If the proposed President is to meet these other great
Universities on the same plane of liberal expense, which they
allow their Presidents, then an extraordinary fund for entertainment
would have to be allowed by us.

A position like this new creation, would be one of the
most attractive and desirable in the State of Virginia, second
only to that of the office of Governor itself. That this
place could be kept out of politics would be almost an impossibility.
There are many gentlemen of imposing presence,
elegant manners, general culture, and acknowledged eloquence,
who might well aspire to fill the place of President of the
University, who would not for an instant desire the laboring
ore or possess the precise and scientific knowledge required
of a professor.

If, however, a non-political President is chosen, no
one with a desirable prestige or eminence could be gotten,
except with the expectation that it would be for practicallay
a life service. The suggestion that an acceptable one could
be elected for only four years is most probably impracticable.
In the event, therefore, of the election of a President under
the terms of the resolution of the Committee, it would be impliedly

for life, though he could be "removed only by two
thirds of the vote of the entire Visitors". Should an unsuitable
person be elected, it would be with the greatest
difficulty that any change could be made, and if made, would
impair the reputation of the University, as its fortunes would
have been deliberately committed in very large measure to the
hands of a single person.

If, on the other hand, in the light of a knowledge of
all the members of the faculty, an unsuitable chairman is chosen,
a change may be made without disturbance or injurious
publication, and the affairs of the University continued without
impairment.

It is well known that the position of professor at the
University is one of singular dignity and independence. He
is responsible only to the Board of Visitors, and is recognized
as the peer of any man. He is a Senator who does not
have to record the rescripts of any emperor or President.
He is sovereign in his own department, subject alone to the
Board of Visitors. The theory and principle of the Presidency,
now only as it exists elsewhere, but as is proposed
in the resolution of the Committee, involve a supervision
by the President of the conduct of their respective schools
by the professors. The resolution requires that, "it shall
be his (the President's) duty to consult with the professors
in respect to the development of their various departments"
and the report proposes that "he shall suggest wise administrative
and other changes to the Visitors," a duty which the
President may make most objectionable to any professor, and

as the proposed plan also requires that this President "shall
attend the meetings of the Board of Visitors", he will have
the opportunity, and indeed it will be his duty, to report to
the Board his opinion of the several professors, and of the
manner in which they discharge their duties. It is plain that
this will put the professors at a disadvantage in their dealings
with the President. They will feel all the time a sense
of their dependence upon his good will, and while the brave
and strong may be proof against this powerful influence, there
are others who could not withstand its humiliating effect, and
none who could escape would endure it.

The theory that the University is a collection of schools,
each presided over by a distinguished and independent master,
will be gone, and a monarch will be substituted for the republic
of letters. It will be difficult under such conditions to
secure the services of the distinguished men of independent
character, who have made the schools of the University famous.

It is true that since its foundation there have been professors
at the University whose character as men, or capacity
as teachers were below the high standard of the faculty, but
these men were eventually eliminated by the Visitors, without
the intervention of a President, and without affecting the
feeling of security and independence of those professors who
were in every respect worthy of their positions. The Visitors
have, heretofore, been equal to the occasion, and will doubtless
be so again, should such an emergency arise.

The duties which have been assigned the professors at
the University in the general management of the students,

both in instruction and in discipline, have been so well
performed that the report of the Committee declares "that
they desire it to be clearly indicated that the discipline
of the students should be left with their instructors".
Under the influence of a correct and exalted public sentiment
emanating from the members of the faculty, in their individual
capacities as "guides philosophers and friends", has
grown up a system of disciplinary law and order among the
students themselves that is recognized as one of the finest
distinguishing features in this Institution This distinctive
"honor system", fostered and promoted by the reciprocal
relations of teacher and students, should not be interfered
with or jeopardized.

Among the duties especially reserved to the chairman
of the faculty, under the resolution of the Committee, are
"that he shall exercise all the functions heretofore exercised
by the chairman of the faculty with respect to the
discipline of the University" and the instruction in the
several departments.

The Committee thus admirably state the reason and arrive
at the just conclusion that the discipline of the students
has already been lodged in the best hands, and that
there is no need for a President on this very important account.

Among the duties to be performed by this proposed President
is "to visit the great cities of the country, and arouse
and inspire the interest and enthusiasm of our Alumni". This
would seem naturally to involve the presentation of the claims

of the University of Virginia upon the support, not merely
of its Alumni, but of any other persons who could be induced
to contribute to its endowment. It is a fact, however, that
on all occasions where the University has needed a representative,
one has been found generally among her faculty, but
sometimes among her Visitors, chosen for his special fitness
for the principal work to be done, whose culture would equal
that of any one he would meet, and who, with force but simplicity,
would present the claims of the most Democratic University
in America.

That the University as a State Institution should have
received such numerous benefactions, not only from Virginians,
as Dawson, McCormick, Miller, and others, but from men who are
not Virginians, as from Austin, from Corcoran, from Brooks,
from Vanderbilt, and from Fayerweather, is proof that there
is something in the character of the University itself, and
its own peculiar organization, which appeals to the generous
and nobleminded, irrespective of their state or denomination.

It would seem, therefore, that the services of a President
are not required for the acquisition of endowments.

Under the proposed plan, the President is required "to
exercise a general superintendence over the buildings, apparatus,
books and other property" and "to regularly inspect and
audit the accounts of the Proctor". It is proper in this connection
to say that the business affairs of the University
are committed to the hands of a proctor, who is also superintendent
of grounds and buildings, and to this end is allowed
by the Board of Visitors a special assistant. The accounts

of the Proctor are regularly audited by a Commissioner of accounts
appointed for the purpose, who is an expert in such
matters, and may reasonably supposed to be more competent and
diligent in auditing these accounts, than would be a President,
who perchance may have no aptitude whatever for such business,
and in any event would be very likely to delegate the duty to
some one chosen for the purpose.

The simple fact is that the organization of the University
of Virginia is to-day as perfect as it can well be made.
If there is any failure to accomplish the results which should
reasonably be expected, the responsibility lies at the door of
some of those who are already in office, and it would be wiser
and easier to stimulate new energy in the present personnel,
than to disrupt and rebuild with no reasonable hope of bettering
it. Upon the Board of Visitors appointed by the Governor
rest the heaviest duties, and the most solemn responsibilities
of anybody connected with the University. They have at their
hands the whole faculty, who are conceded to be competent instructors
and efficient disciplinarians of the students.

The business of the University in the hands of a thorough
and active business man, with ample assistants, enables the
Visitors to have any plans they may devise for the good of
the University thoroughly executed. How the introduction of
a President will add to the efficiency of the organization
of the University is not seen, but it is very plain that a
new spirit and sentiment would have to be created around the
institution, which would be dissimilar to that which has been
formed since its foundation.

It is not improbable that a chairman may be elected
whose professorial duties might conflict with the full and
energetic discharge of his duties as chairman, though this
is not necessarily true in every case, as all the members of
the faculty are not alike burdened with the duties of their
chairs. In any case where a chairman is elected who cannot
vigerously perform the duties of chairman without, in some
measure, slackening his hand in the lecture room, it is
perfectly competent to and advisable for the Visitors to give
him an assistant for the term of his chairmanship, without,
however, releasing him from the duty of directing in every
particular the instruction of his school.

Nor should any chairman be elected under any circumstances
from more than four successive terms of one year.
At the expiration of this period, his successor should be
elected, also from year to year, but not to hold the office
for more than four years.

A vice-chairman should always be in office, with the
expectation of being elected chairman, so that he may inform
himself of the duties of the office, and be prepared to go
in at once equipped for their discharge.

These are mere details which the Board of Visitors can
carry out, without, in the slightest degree, affecting the
organization of the University, but only administering it
in what seems to be a wise manner.

It is not pretended that the reasons for dissent from
the conclusions of the majority of the Committee have been
fully set forth in this minority report, but perhaps enough

have been given to justify the Board in defering indefinitely
any favorable action on the resolutions submitted by the Committee.

Respectfully submitted,
signed. Jos Bryan.

The protest of Mr Jefferson against the establishment
of the office of President of the University of Virginia.

Following is an extract from the minutes of the Board
of Visitors: At a meeting of the Board of Visitors of
the University held on on the 3d and 4th of April, 1826, at
which were present Thomas Jefferson, Joseph C. Cabell, John
H. Cocke, Chapman Johnson, and James Madison, the following
appears of record in the minutes of the meeting:

"Resolved, That there be established the office of president
of the University with a salary of $1,500. per annum to
be paid out of the annuity of the University, in the manner
in which the salaries of the professors are paid.

"The president shall be the chief executive officer of
the University and as such charged with a general superintendence
of the execution of all laws made for its government.

"The proctor and all subordinate agents shall be subject
to his control and direction in the execution of their respective
duties.

"He shall convene the faculty whenever he may think the
interests of the institution require it and whenenver else
any two professors shall request it.

"He shall preside at all meetings of the faculty, when
present and having a vote as professor, he shall have a casting

vote as president, when the votes of professors, pro and con,
are equally divided.

"In his absence from the meetings of the faculty, a chairman
pro tempore shall be appointed; in the absence of the president
from the University, and in case of his disability by
sickness, or otherwise, the faculty may be convened and may act
as at present.

"When the president shall believe that a student has committed
any offence requiring trial before the faculty he shall
have power to suspend such student, and in case of emergency,
forbid him access within the precincts till a board can be
convened for his trial; provided, that no such suspension shall
be for a longer time than two weeks, if a board can be convened
within that time. Any Student violating the order of the president
made pursuant to the authority hereby vested in him shall
be deemed guilty of contumacy and punished accordingly.

"Resolved, That William Wirt, at present Attorney General
of the United States, be appointed president of the University
and professor of law, and that if he decline the appointment,
the resolution establishing the office of president be null and
void."

"From the enactments establishing the office of president
the rector (Mr Jefferson) dissented, his dissent is ordered to
be entered in the journal, and in the words following:

"The subscriber, rector of the University, fully and expressly
concurring in the appointment of William Wirt to be
professor of the Scholl of law, dissents from and protests
against so much of these enactments as go to the establishment
of the office of president of the University, for these reasons.

1. Because the law establishing the University, delineating
the organization of the authorities by which it should be directed
and governed, and placing at its head a Board of Rector
and Visitors, has enunciated with precision the special
powers it meant to give that Board, in which enumeration is
not to be found that of creating a president, making him a
member of the faculty of professors, and with controlling
powers over the faculty; and it is not conceivable that,
while descending in their enumeration, to give specifically
the power of appointing officers of the minutest grade, they
should have omitted to name him of the highest who was to
govern and preside over the whole, if this is not among the
enumerated powers, it is believed it cannot be legitimately
inferred by construction from the words giving a general
authority to all things expedient for promoting the purposes
of the institution, for, so construed, it would render nugatory
the whole enumeration, and confer on the board powers
unrestrained within any limits.

"2. Because he is of the opinion that every function ascribed
to the president by this enactment can be performed, and is
now as well performed by the faculty, as now established by
law.

"3. Because we owe debts at this time of at least $11,000.
beyond what can be paid by any means we have in possession
or may command within any definite period of time, and fixes
on us permanently an additional expense of $1,500.00 a year.

"4. Because he thinks that so fundamental a change in the organization
of the institution ought not to be made by a thin board,
two of the seven constituting it, being now absent.

"For these reasons the subscriber protests against both
the expediency and the validity of the establishment of this
office.

signed. Th: Jefferson.

On motion the Board adjourned to be convened by a call
of the Rector, during the month of November next, to further
consider the question of having a president or executive head
of the University according to a resolution in relation to
said call hereinbefore entered. (p 169 [156])

Teste,