The History of the University of Pennsylvania/Chapter VI
Chapter VI.
Abrogation of the Charter of the College by the Pennsylvania Legislature.
I have before alluded to the suspension of the duties of the college, in consequence of the occupation of Philadelphia by the British army, and to their resumption immediately after the city was evacuated. The schools were closed in the month of June, 1777, and were again opened in September of the following year. The institution, however, had been but a short time in renewed operation, when it experienced, in the disposition of the prevailing political party and of their representatives in the legislature, an hostility much more injurious to its interests than the presence of the enemy. The causes of this hostility it is difficult, at the present time, exactly to understand. The provost, who, from his long and very important services, and the success with which his exertions had been attended, was, in the public estimation, almost identified with the school itself, had, by his attachment to the proprietors, in their former disputes with the legislature, rendered himself highly unpopular with a numerous party before the war; and his foreign birth, his clerical office in the English church, the honours he had received from the loyal university of Oxford, and the favour in which he stood with men of high station in Great Britain, were circumstances which, as they might naturally give his partialities a direction towards the mother country, tended no doubt, at the commencement of the revolution, to increase the enmity of those who were attached to the cause of independence. Among the trustees of the college, also, were many who were known to be unfavourable to the new order of things, some of whom indeed had left the country and openly joined the enemy. When to these considerations we add the fact, that the institution had been fostered by English liberality, had been largely endowed by the proprietors, and had even enjoyed the smiles of the king, while from the legislature of the colony it had experienced only neglect, we can feel no surprise that it should have been suspected of a strong attachment to the royal interest, and therefore regarded by many with feelings of unkindness and distrust
But whatever may have been the inclinations of those in whom the direction of its affairs resided, no public act had been committed which could afford ground for offence. On the contrary, care was taken to cultivate the good will of the new authorities; and at the commencement which succeeded the first assemblage of the continental congress in Philadelphia, the delegates, by the invitation of the trustees, proceeded in a body from the State House to the college, and thus gave it a strong testimony of their approval.
To guard still further against the effects of that political excitement which, there was reason to fear, might be directed fatally against the institution, it had been provided by those interested in its favour, that the sanction of positive law should be brought in aid of its other claims to the respect at least, if not to the support of the citizens. In the summer of 1776, while the convention of Pennsylvania was engaged in framing a constitution for the government of the commonwealth, Dr. Smith, having assembled at his house a few gentlemen connected with corporate bodies, proposed that they should endeavour to procure the insertion in the constitution of an article, securing the inviolability of chartered rights. Such an article, drawn up by Dr. Smith, was approved by the meeting; and Dr. Franklin, who was present, undertook to procure its adoption by the convention, over which body he presided, and in the councils of which he was known to possess considerable influence. Hence originated that clause of the constitution of 1776, which secured to all societies "incorporated for the advancement of religion and learning, or for other pious or charitable purposes," the enjoyment of those rights and privileges of which they were possessed under the former laws of the commonwealth. But, to use the language of the venerable Bishop White, who was one of the gentlemen assembled at Dr. Smith's, and from whom the above account was derived, "the event showed of what little effect are provisions put on paper, when they interfere with the views of a dominant party in politics."
The first symptom of any disposition in the public authorities to interfere in the concerns of the college, was exhibited in a vote of the general assembly, in the month of February, 1779, directing an inquiry into the rise, design, and condition of the institution, and appointing a committee for this purpose, with the customary powers to send for persons and papers. In answer to questions proposed by this committee, a long paper was, at the desire of the board, drawn up by Dr. Smith, which was inserted in the minutes, and contains an ample account of the origin of the school, the motives and principles of its establishment, the success which had attended its efforts, and the state of its affairs at the time of the investigation. From this paper many of the details of the present history have been derived; and it will be readily judged, by those who may have perused the preceding statements, that nothing but a predetermined resolution to admit of no justification would have resisted the plain evidence of the facts which it advanced in favour of the college. Nor is it impossible that some impression may have been produced by it upon the minds of the members of assembly; for either on this account, or from the press of more important business, an adjournment of the legislature took place, without any decision on the subject But the fate of the institution was only postponed for a few months. At the opening of the next session, in the month of September, its affairs were again brought before the legislature in the message of Mr. Reed, president of the executive council. The obligation of the oath of allegiance to the king of Great Britain exacted by the charter; an indisposition on the part of the trustees to seek the aid of the new government for an establishment consistent with the principles of the revolution; and a general inattention, in the management of the school, to the interests of this government, were alleged in the message as reasonable grounds for legislative interference; and the lawfulness of such interference was maintained upon the principle, that, in the revolution of states, it becomes not only allowable, but necessary, so to modify pre-existing corporations, whether civil, literary, or religious, as to bring them into harmony with the new political arrangements.
Unfortunately for the college, Dr. Franklin, who was one of its most influential trustees, was now absent in Europe; and the activity of its enemies, which might have been restrained by his presence and authority, was allowed full scope to display itself. The assembly seems not to have required the instigation of the president to sharpen its animosity, or to invigorate its proceedings; for with a precipitation unusual in a matter so important and so little requiring haste, a law was enacted, abrogating in fact the former charters granted by the proprietors, and removing from their offices in the institution, the trustees, provost, vice-provost, professors, and all others attached to it by any tie of authority or dependence. It is true that a preparatory committee was appointed; and, when the charges were brought before the house, the trustees were allowed to appear by council in their defence: but the committee seems to have been chosen rather to search for matter of accusation than to investigate the truth; and it was but a show of justice to hear the representations of the accused, when the resolution was already firmly taken to disregard them.
The charges brought forward by the committee in their report, from which two out of their number were sufficiently conscientious to express their dissent, were chiefly the following:—that an oath of allegiance to the British government was, by the charter, a necessary prerequisite to any official act; that several of the trustees, having joined the British army, stood attainted as traitors, and others had not, by taking the test, qualified themselves legally to fulfil the duties of their office; that the corporation had shown in its conduct an evident hostility to the government and constitution of the state; that its funds were utterly inadequate to the proper support of a seminary of learning; and, finally, that the original and fundamental principle of the college, by which it was bound to afford perfect equality of privileges to all religious denominations, had not been fully maintained.
The frivolity of these charges will be rendered evident by the slightest examination. The oath of allegiance demanded by the charter was abrogated by the revolution, with all other oaths which connected the provinces with the mother country. The political conduct and opinions of individual members of the board could operate only to their own disfranchisement, not to the injury of those who remained, nor to the destruction of the corporate rights of the whole body. The alleged hostility of the corporation to the government and constitution of the state was a matter altogether of feeling, and could not be proved by any public or private act of the body accused. A careful examination of the minutes of the board will on the contrary evince, that care was taken to avoid all political interference; and submission to the laws enacted by the new government should have been accepted as a sufficient evidence of allegiance, without an invidious and inquisitorial examination into private feeling and opinion. The inadequacy of the funds to the proper support of the school, though an excellent reason for legislative assistance, certainly afforded no excuse for taking away the little of which it was already in possession. The last accusation, that of religious partiality, was the most serious; as it involved a violation of the fundamental laws of the institution, an evident departure from the intention of the founders, and an infringement of those conditions upon which the contributions of the benevolent had at different periods been so largely obtained. Accordingly, this was the only charge which the legislature thought proper to countenence by adoption into the preamble of their act; and upon this, together with their general right of controlling the operation of seminaries of learning, derived from their beneficial or injurious influence, according as they are well or ill conducted, over the peace and welfare of society, they grounded their proceedings in the present case.
The following are the first two sections of the act:—
"Whereas the education of youth has ever been found to be of the most essential consequence, as well to the good government of states, and the peace and welfare of society, as to the profit and ornament of individuals, insomuch that from the experience of all ages, it appears that seminaries of learning, when properly conducted, have been public blessings to mankind, and that on the contrary, when in the hands of dangerous and disaffected men, they have troubled the peace of society, shaken the government, and often caused tumult, sedition, and bloodshed: And whereas the college, academy, and charitable school of the city of Philadelphia, were at first founded on a plan of free and unlimited catholicism; but it appears that the trustees thereof, by a vote or by-law of their board, bearing date the 14th day of June, in the year of our Lord one thousand seven hundred and sixty-four, have departed from the plan of the original founders, and narrowed the foundation of the said institution. Be it therefore enacted, &c."
Now from an examination of the minutes of the board of trustees on the day referred to, so far from discovering any vote or resolve which, by the severest construction, would give the least countenance to this charge of "narrowing the foundation" of the college, we find abundant evidence of a determination on the part of the board to "adhere strictly to the faith pledged to all religious denominations."
Dr. Smith, on his return from England, after having completed the great collection in that country, brought with him a letter to the board, signed by the Archbishop of Canterbury, by the proprietors of Pennsylvania, and by Dr. Chandler, the object of which was to represent to the trustees the propriety of adopting "a fundamental rule or declaration," binding themselves to preserve inviolate the original broad and liberal plan of the seminary, and thus preventing those unpleasant jealousies and contentions, which could not but spring from a suspicion of undue partiality to any one religious sect.[1] The sentiments of the letter were approved by the board, and a declaration of the nature desired having been drawn up and inserted in the minute book, was signed not only by all those who at that time filled the office of trustee, but afterwards, in compliance with a clause of the declaration itself, by every new trustee after his election, and before he could be admitted to a seat at the board.[2] In their answer to the archbishop, copied into the minutes of June 14th, 1764, the trustees, after expressing their thanks for
his attention to the prosperity of their school, and announcing their compliance with his advice, take occasion to observe, that they should always evince towards the national church every mark of regard consistent with their faith pledged to other religious denominations, and with that plan of Christian liberty upon which the institution was founded. A similar sentiment is expressed in their letters to Dr. Chandler and the proprietors, also copied into the minutes of June 14th; and in no other part of the minutes of that date, except in the joint letter and document above alluded to, is any reference whatever made to difference of religious persuasion. Upon the passages here referred to, the legislature must have rested their accusation; and a more striking instance could hardly be offered of that blindness and perversion of judgment to which the best men are liable, when under the influence of violent political excitement.
But even admitting that the legislature might have had cause of dissatisfaction in the management of the seminary; admitting also that, during the struggles of a great revolution, the government has a right to modify pre-existing chartered institutions, so as to bring them into perfect harmony with the new order of affairs; yet, in the present case, the right to such interference was expressly denied by the very instrument by which the government itself was created, and continued to hold its existence. The constitution of 1776 was then the supreme law of the land; and in this constitution a clause had been inserted with the express purpose of affording protection to the college, and other literary and religious corporations in the state. The tribunals of justice were open to the government as well as to individuals, and for any illegal proceedings the trustees might have been prosecuted in the regular way, with a certainty of conviction. The mode adopted by the legislature evinced their sense of the weakness of their cause; and their decision, so far as we have the means at present of forming a judgment, was accordant rather with the spirit of despotism, than with that justice and moderation which should characterize the representatives of a free people.
- ↑ The following is the letter alluded to:—
To the trustees of the college, &c. of Philadelphia.
Gentlemen,—We cannot omit the opportunity which Dr. Smith's return to Philadelphia gives us of congratulating you on the great success of the collection which he came to pursue, and of acknowledging your obliging addresses of thanks to us for the share we had in recommending and encouraging this design. Such a mark of your attention to us will, we doubt not, excuse our hinting to you what we think may be further necessary to a due improvement of this collection, and the future prosperity of the institution under your care.
This institution you have professed to have been originally founded and hitherto carried on for the general benefit of a mixed body of people. In his majesty's royal brief, it is represented as a seminary that would be of great use "for raising up able instructors and teachers, as well for the service of the society for propagating the gospel in foreign parts, as for other protestant denominations in the colonies."
At the time of granting this collection, which was solicited by the provost, who is a clergyman of the church of England, it was known that there were united with him a vice-provost who is a Presbyterian, and a principal professor of the Baptist persuasion, with sundry inferior professors and tutors, all carrying on the education of youth with great harmony: and people of various denominations have hereupon contributed liberally and freely.
But jealousies now arising lest this foundation should afterwards be narrowed, and some party endeavour to exclude the rest, or put them on a worse footing than they have been from the beginning, or were at the time of this collection, which might not only be deemed unjust in itself but might likewise be productive of contentions unfriendly to learning and hurtful to religion; we would therefore recommend it to you, to make some fundamental rule or declaration to prevent inconveniences of this kind; in doing of which, the more closely you keep in view the plan on which the seminary was at the time of obtaining the royal brief, and on which it has been carried on from the beginning, so much the less cause we think you will give for any party to be dissatisfied.
Wishing continual prosperity and peace to the institution, we are, with great regard, &c. &c.THOMAS, CANT.
THOMAS and RICHARD PENN.
SAMUEL CHANDLER.London, April 9th, 1764. - ↑ This document is interesting, both as it disproves the charge of religious partiality, and as it presents, in the signatures affixed to it, a complete list of the trustees at the time of its insertion in the minutes, and of those who afterwards became trustees, with the date of their election, down to the period when the college was finally incorporated with the University. It is as follows:—
"The trustees being ever desirous to promote the peace and prosperity of this seminary, and to give satisfaction to all its worthy benefactors, have taken the above letter into their serious consideration, and perfectly approving the sentiments therein contained, do order the same to be inserted in their books, that it may remain perpetually declaratory of the present wide and excellent plan of this institution, which hath not only met with the approbation of the great and worthy personages above mentioned, but even the royal sanction of his majesty himself. They further declare that they will keep this plan closely in their view, and use their utmost endeavours that the same be not narrowed, nor the members of the church of England, or those dissenting from them (in any future election to the principal offices mentioned in the aforesaid letter) be put on any worse footing in this seminary than they were at the time of obtaining the royal brief. They subscribe this with their names, and ordain that the same be read and subscribed by every new trustee that shall hereafter be elected, before he takes his seat at the board."
RICHARD PETERS, President, &c.It should be observed that the joint letter referred to, and this document, are both inserted in the minutes of June 14th, 1764, the date alluded to in the preamble of the law.