Report to the President and Directors of the Literary Fund (extract)

Report to the President and Directors of the Literary Fund (extract)
October 7, 1822

In the same report of the commissioners of 1818 it was stated by them that "in conformity with the principles of our constitution, which places all sects of religion on an equal footing, with the jealousies of the different sects in guarding that equality from encroachment or surprise, and with the sentiments of the legislature in freedom of religion, manifested on former occasions, they had not proposed that any professorship of divinity should be established in the University; that provision, however, was made for giving instruction in the Hebrew, Greek and Latin languages, the depositories of the originals, and of the earliest and most respected authorities of the faith of every sect, and for courses of ethical lectures, developing those moral obligations in which all sects agree. That, proceeding thus far, without offence to the constitution, they had left, at this point, to every sect to take into their own hands the office of further instruction in the peculiar tenet of each."

It was not, however, to be understood that instruction in religious opinion 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 doctrine, were evils of less danger than a permission to the public authorities to dictate modes or principles of religious instruction, or than opportunities furnished them by 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, will give to the sectarian schools of divinity the full benefit the public provisions 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 fulfill 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 greater 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 disposed 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 the 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.

March 4, 1825

A resolution was moved and agreed to in the following words:

Whereas, it is the duty of this Board to the government under which it lives, and especially to that of which this University is the immediate creation, to pay especial attention to the principles of government which shall be inculcated therein, and to provide that none shall be inculcated which are incompatible with those on which the Constitutions of this State, and of the United States were genuinely based, in the common opinion; and for this purpose it may be necessary to point out specially where these principles are to be found legitimately developed:

Resolved, that it is the opinion of this Board that as to the general principles of liberty and the rights of man, in nature and in society, the doctrines of Locke, in his "Essay concerning the true original extent and end of civil government," and of Sidney in his "Discourses on government," may be considered as those generally approved by our fellow citizens of this, and the United States, and that on the distinctive principles of the government of our State, and of that of the United States, the best guides are to be found in, 1. The Declaration of Independence, as the fundamental act of union of these States. 2. The book known by the title of "The Federalist," being an authority to which appeal is habitually made by all, and rarely declined or denied by any as evidence of the general opinion of those who framed, and of those who accepted the Constitution of the United States, on questions as to its genuine meaning. 3. The Resolutions of the General Assembly of Virginia in 1799 on the subject of the alien and sedition laws, which appeared to accord with the predominant sense of the people of the United States. 4. The valedictory address of President Washington, as conveying political lessons of peculiar value. And that in the branch of the school of law, which is to treat on the subject of civil polity, these shall be used as the text and documents of the school.

October 3, 1825

Resolved, that it be communicated to the Faculty of the professors of the University, as the earnest request and recommendation of the rector and Visitors, that so far as can be effected by their exertions, they cause the statutes and rules enacted for the government of the University, to be exactly and strictly observed; that the roll of each school particularly be punctually called at the hour at which its students should attend; that the absent and the tardy, without reasonable cause, be noted, and a copy of these notations be communicated by mail or otherwise to the parent or guardian of each student respectively, on the first days of every month during the term (instead of the days prescribed in a former statute for such communications).

That it is requested of them to make known to the students that it is with great regret that some breaches of order, committed by the unworthy few who lurk among them unknown, render necessary the extension to all of processes afflicting to the feelings of those who are conscious of their own correctness, and who are above all participation in these vicious irregularities. While the offenders continue unknown the tarnish of their faults spreads itself over the worthy also, and confounds all in a common censure. But that it is in their power to relieve themselves from the imputations and painful proceedings to which they are thereby subjected, by lending their aid to the faculty, on all occasions towards detecting the real guilty. The Visitors are aware that a prejudice prevails too extensively among the young that it is dishonorable to bear witness one against another. While this prevails, and under the form of a matter of conscience, they have been unwilling to authorize constraint, and have therefore, in their regulations on this subject, indulged the error, however unfounded in reason or morality. But this loose principle in the ethics of school-boy combinations, is unworthy of mature and regulated minds, and is accordingly condemned by the laws of their country, which, in offences within their cognisance, compel those who have knowledge of a fact, to declare it for the purposes of justice, and of the general good and safety of society. And certainly, where wrong has been done, he who knows and conceals the doer of it, makes himself an accomplice, and justly censurable as such. It becomes then but an act of justice to themselves, that the innocent and the worthy should throw off with disdain all communion of character with such offenders, should determine no longer to screen the irregular and the vicious under the respect of their cloak, and to notify them, even by a solemn association for the purpose, that they will co-operate with the faculty in future, for preservation of order, the vindication of their own character, and the reputation and usefulness of an institution which their country has so liberally established for their improvement, and to place within their reach those acquirements in knowledge on which their future happiness and fortunes depend. Let the good and the virtuous of the alumni of the University do this, and the disorderly will then be singled out for observation, and deterred by punishment, or disabled by expulsion, from infecting with their inconsideration the institution itself, and the sound mass of those which it is preparing for virtue and usefulness.

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