Ogden A Defence of Columbia College fror the Attack of Samuel B. Ruggles THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES M A DEFENCE I i OF I COLUMBIA COLLEGE i FROM i'-A THE ATTACK P i OP SAMUEL B. RUGGLES BY GOUVERNEUR M. OGDEN, A TRUSTEE. I NEW-YORK: J. p. WRiaHT, PRINTER, 146 FULTON STREET. 1854. \ i • I A DEFENCE OP COLUMBIA COLLEGE FROM THE ATTACK OF SAMUEL B. RUGGLES. BY GOtVERNEUR M. OGDEN, A TRUSTEE. NEW- YORK: J. p. WRIGHT, PRINTER, 146 FULTON STREET. 1854. DEFENCE. A Pamphlet has lately been issued from the press under the title "The Duty of CoUimbia College to the Communi- ty, and its Right to exclude Unitarians from its Professor- ships of Physical Science, — considered by one of its Trus- tees." It goes forth under the name of its author. Though this production is in form, a letter to one of his colleagues, yet it is apparent it was originally intended to have, what has now been given to it, general circulation. This may be inferred from its contents, but more conclusively from the fact that it was not distributed to the Trustees earlier than within four days before the day on which the election was expected to be and was actually made. The Trustees had, previous to that time, several meetings, at which the subject of the vacancy of the Professorship of Chemistry and Natural and Experimental Philosophy, and the claims of the several candidates, were under consideration ; and several unsuc- cessful ballotings had taken place. Mr. Ruggles, therefore, must have well understood that the mind of each Trustee was so settled as to be beyond the reach of his arguments. The pamphlet probably was understood by some of those gen- tlemen, for whose eye it was primarily intended, as an intima- tion of a future appeal tlirough its pages to the public, should they venture by their votes to disregard the admonitions of its author. If so, their suspicion has been turned into reality. For now, whatever may have been the original design of the writer, after the Board of Governors of one of the oldest and most respectable institutions of learning in this State rie';><~>*~»f!r ^*J has, by a legal election, filled a vacancy in one of its Pro- fessorships, an unsuccessful candidate is brought before the pubUc by one of his warmest advocates, to complain that his claims to the office have been unjustly and even illegal- ly postponed to those of another. One would suppose that the presumption against the justice of such complaint was very strong, and that it would require reasons of extraordi- nary weight to overcome the considerations of propriety which might be expected to induce him quietly to acqui- esce in the selection of another, a fellow-worker in the same walks of science in which he moves. In the judgment of Mr. Ruggles, such reasons exist. Upon examining the pamphlet in question, it will be found to start upon the position that the Trustees who did not vote for Dr. (Jribbs, but voted for the gentleman who was finally elected, did so knowing that, apart from considerations of religions faith, and of the means which had been used to effect his election, the former had the superior qualifications — was pre-eminently fit for the Professorship. His pre-eminent fitness being established, Dr. Gibbs is in the position of being rejected, deprived of a right. And it is asked on what grounds was this rejection justified. These grounds are then stated to be — 1. That indecorous, intemperate and disrespectful means had been used to assert the superiority of his claims ; and 2. That he was a Unitarian. Both of these objections are argued against at great length, and it is insisted that neither can enter into the motives of any Trustee in giving his vote without injury to the best interests of the institution and to science which it ought to promote, and without violation of his duty to the public, to his trust, and to the law. First, then, as to the allegation of the acknowledged pre- eminence of Dr. Gibbs. Mr. Ruggles is entitled to express his own conviction of the superiority of the gentleman whose claims he so warmly and assiduously advocated. But with what right can he assume that others, who thought it their duty to take a course different from that he followed, enter- tallied the same conviction ? It is utterly denied that in the Board of Trustees, or out or it, such pre-eminence was ever admitted by any who gave their support to other can- didates. Still less is it true that the act of the Board itself, in making choice of a Professor to fill the vacancy lately existing, can be shown to have been, or was in fact, any- thing but the deliberate expression of its judgment as to the relative fitness of the candidates. The testimonials of all the candidates were before it. The duty and right devolved upon the members of that Board to consider the weight and force due to the evidence of the quaUfications of each ; to take into consideration all such facts as their own niquiries might bring to light, or might otherwise come to their know- ledge, and which they judged bore upon the character and attainments or the evidence in favor of any whose merits were in question. The testimonials of one of such candi- dates, through the zeal of his friends, have been printed ; and Mr. Ruggles deems them conclusive. None of the others have been printed, nor will be : yet they show high capacity in those to whom they relate ; and in ihem the Board has found a sufficient justification of its choice. Many Trustees, as respectable and conscientious, and devoted to the interests and proper objects of the College, as Mr. Ruggles himself, deemed one of those candidates to be the most competent to fill the chair of all whose names were submit- ted ; yet it is true, that when it was found that he could not be elected, it was proposed by two of them, for the sake of harmony, that both the most prominent candidates should be abandoned. It is then asked, "How could they with- draw his name, and vote for some other candidate whom they considered less fit, and perhaps did not know to be fit at all ?" The answer is plain : They abandoned him be- cause he could not be elected, and then cast their votes for one abimdantly qualified for the chair, and whom they deemed next in rank. They did know him to be fit, and were well assured of his fitness by his testimonials, by his wide-spread and well-deserved reputation, and by the can- didly expressed opinions, personally elicited, of gentlemen of science, in whom they had confidence, amongst whom was a member of the Board itself. But a member of the Board of Trustees of this institution has reconciled it to his sense of duty to make an appeal to the public from its legally expressed judgment, and to put himself in an attitude of hostility against her : and depart- ing from the well understood custom under which frank ex- pressions of opinion have been considered confidential in a small body of gentlemen, amongst whom hitherto the great- est freedom of intercourse has prevailed, he has thought fit to seize upon such expressions, and to proclaim them to the world as evidence of the sole motive for votes cast more than two months afterwards. More private declarations, alleged to have been made, are also dragged to the light for the same purpose. How far this can be reconciled to a true regard for the interests of this institution, is a distinct question. But the motives, under the influence of which each member of the Board finally cast his vote, after the interval had given him full opportunity to form an opin- ion, are known only to himself, and to those to whom he has revealed them. As to all others, they must in a great measure be matters of conjecture. The writer of this paper has as much right to form a judgment on that head as Mr. Ruggles, and has had equal opportunities ; and he asserts that the above positions are true. If then the foregoing be a just exposition of the true intent and force of the act of the Trustees, as an expression of their judgment upon the relative merits of the candidates, what becomes of the cry of religious persecution — of rejection for opinions' sake ? If Dr. Gibbs was not pre-eminent in the opinion of the Trustees — and upon their opinion the question depends, — then it was their duty to choose as they have done, him they thought best qualified. And Dr. Gibbs was not, as has been arrogantly claimed, rejected. Yet this allega- tion of intolerance, though without legitimate place in this controversy, has its end to serve, like many other means resorted to witli the same intent. Of those, as indicating the true motive of the present attack upon the College, we will hereafter speak. So also it is evident that there is no perti- nency to the matter in hand, of all that Mr. Ruggles so elo- quently writes of the objects of the College — the purposes of its creation — its alleged past culpable neglect of Physical Science — its duty to the public, and the great need for the faithful performance of that duty — its present indifference. All these topics are ostensibly introduced to enforce the pro- priety of the election of Dr. Gibbs, on the assumption that he, of all the agents whose services the College has the power to secure, is pre-eminently qualified to accomplish as to Physical Science, the end the Trustees ought to have in view. The pre-eminence gone, and all this able display of zeal for the promotion of science has no force as argument. But this too had another purpose, as will presently be seen. But though, as above shown, it is in reality immaterial whether or not the Trustees of the College individually had the right to take into account the religious helief of the gen- tleman whose qualifications for a chair of science have been made the theme of public discussion, because, in fact, the result of the ballot did not depend upon that question : yet the positions in this respect of the pamphlet of Mr. Rug- gles, are so unsound and so dangerous, if generally preva- lent, to the independent management of every institution of learning in the State, as to call for a refutation. This, it should be remarked, is a question of right and of law : and ill-defined notions of religious liberty, and sympa- thy of friends of the party supposed to be affected by the application of the law in a particular instance, have noth- ing to do with it. They are artfully brought in to subserve the end in view. It may be thought a case of hardship, that any indi- vidual, by reason of his religious faith, has failed to procure the votes of men in whose power it lay to give him an office he sought and was qualified to fill ; that, though not disqualified by any act of the body of which 8 those men were members, he yet for that reason wanted their suffrages. This may seem very unreasonable and very unjust, or may not seem so, according to the views of those who censure or praise. But it has nothing to do with the question of law. Nor in the supposed case, would there be any infringement of the right to the free exercise and enjoyment of religious freedom and worship. He could, notwithstanding the disappointment, fully exercise and enjoy his religion, without restraint. His freedom in that respect would be as perfect after, as before ; and therefore, the mere fact that he was not elected, would not constitute any violation of his constitutional right. If the law protects him against such a misfortune, then he has a right to com- plain of legal wrong, but not otherwise. How, then, does this question of law stand? The charter of the institution, and the acts of the Legisla- ture confirmatory of the same, are quoted. By the first of these, the Governors are prohibited from enacting any ordinance, order, or by-law of the College, which shall extend to exclude any person of any religious denom- ination whatever from equal liberty and advantage of edu- cation, or from any of the degrees, privileges, and immuni- ties of the said College, on account of his particular tenets in matters of religion. And by the second of these, it is provided that none of the ordinances or by-laws of the Col- lege shall make the religious tenets of any person a condi- tion of admission to any privilege or ofiice in the said College. In addition to these enactments, we find quoted the General Law of the State applicable to all incorporated colleges and academies therein : that " no religious quali- fication or test shall be required from any trustee, president, principal, or other officer of any incorporated college or academy, or as a condition of admission to any privilege in the same," The question may be asked in reference to this pro- vision. What does the law mean by " required T' By what act, and by what authority, in what mode, must this exaction of a religious qualification or test be made, in or- der to constitute a violation of the law? Can it mean any thing else than that the act to constitute a violation of the law must be done by the established authorities of the col- lege or academy, to which in any instance particular appli- cation of the provision is to be made ? In what mode, then, is it forbidden to be done ? Common sense indicates the answer : By the act of the body in which the man- agement or government of the institution is vested. It acts collectively, and expresses its determinations in the shape of resolutions, by-laws, and orders. Acting in this way, it has the power to remove from, or to admit to offices in its gift. Its constituent parts have no such power ; and with- out that power, they of course can exact no condition whatever under which persons shall be admitted to or hold such offices. The party to be restrained can be none other than that in which the power rests, upon which the re- straint is intended to operate. It is intelligible to say, that the acts of such body thus expressed, done in violation of the law, are illegal. But to say that the law does, or meant to, control the motives of individual members of such a body, is to engraft upon it an additional provision, — a principle to the enforcement of which legislation in this State has not yet reached. Again, are we to understand that this legal provision of such general scope, overrides all the clauses in particular charters directed to the enforcement of the same principle, or calculated for the promotion of particular branches of learning ? Whether made before or after this enactment, such charters are contracts made between the State and the particular institutions to which they relate. If made before, they cannot be affected by such law ; if made after, they repeal it so far as inconsistent with it. Else there is not a chartered Theological Seminary in this State that is not, equally with us, subject to the consequences of such a construction. We must therefore resort to the charters themselves, of the College, in order to form a just idea of 10 this principle, right in itself, and only mischievous in the attempted application. Referring then again to these charters, we find that the Trustees are forbidden, by any ordinance, order, or by-law, to exclude any person from office by reason of his particular tenets in matters of religion, or by ordinance, or by-law, to make a religious qualification or test a condition of holding office or of admission to the same : or more properly speak- ing, they have no power to pass any by-law or ordinance having such effect. This provision is inserted both in the original charter and in the charter granted by the State as a proviso, limiting the power to make by-laws and ordi- nances. It is merely a restraint upon that authority. How then can this be made to reach beyond its proper object: in place of prohibiting the act of a specified kind of the whole body — to forbid the exercise of a very different power in the members of that body. It is said that, because the College has no power to enact a by-law making religious profession an exclusion from office, no member of the Board of Trustees has a right to take the religious profession of a candidate into account, as a motive governing or influencing his action in casting his vote for a person to fill a vacant office ; and the denial of the justice of this inference is stated to be the assertion of a higher law of conscience, claimed to override the obligation of a human law. But Mr. Ruggles has not supported his position further than by the bare as- sertion that the general principle, which he contends for, is enforced by the laws above referred to. How enforced '} Not by their terms. Those laws do not say that the discre- tion of each Trustee shall be so fettered, nor can by any process of reasoning, when they deny one power, be made to restrict the exercise of a very different power. The sec- ond section of an act relative to Columbia College in the City of New- York, passed 23d March, 1810, and comprising the charter of the College in one act, gives power to the Trustees to select and appoint, by ballot or otherwise, such professor or professors, to assist the President in the govern- 11 liient and education of the students belonging to the College, as to the said Trustees shall seem meet. The Trustees have then a right to elect by ballot, with an uncontrolled discretion. The charter contains no provision by which this important right is restricted or made subject to any inquisitorial power to ferret out the motives by which each Trustee may have been actuated in exercising it. When therefore it may seem expedient, for any cause bearing upon the interests or the good government of this or any other literary or scientific institution, to take into consideration the religious profession of any candidate for a vacant pro- fessorship, in preferring another to him of equal attainments, or even adequate attainments, it would be sufficient to jus- tify the motive for the act of each particular Trustee or manager, influenced by such considerations, to say that he violates no human law, and therefore is not reduced to the necessity of availing himself of the plea put into his mouth by Mr. Ruggles, of preferring the law of conscience to the law of the land. The allegation of prosecution for opinion's sake, set up in the pamphlet imder review, raises in this particular case a false issue, as it would appear to further an ulterior design. But its positions of law are mischievous, not only as dissemi- nating loose and inaccurate notions of the meaning of the law, but also as tending to fetter and control the proper man- agement of the concerns, not only of Columbia College, but of all similar institutions. Although in some features of its government — the necessity, growing out of a condition under which it holds a great part of its estate, that its President should be in communion with the Protestant Episcopal Church — the form of daily worship according to the liturgy of that Church, prescribed by the same condition — and the accidental preponderance in its Board of Trustees of persons in the same communion — connect it more particularly with one Church than with any other : a feature common to almost every similar institution in the country, and as secur- ing to it a religious character, not regretted by any of its 12 true friends : yet it has never confined its privileges or offices to any religious denomination, but has given equal advan- tages to all. This fact, statements in the pamphlet under review will show. It tells us, that by a statute of the Col- lege in force, any religious denomination, endowing a pro- fessorship in certain branches of science, shall forever have the right of nominating a professor to the same, subject to the approbation of the Trustees. And it is justly inferred that the Trustees could not rightfully reject such nomination, for the sole cause that the nominee belonged to the religious denomination who proposed him. In the case of the very vacancy which has been the occasion of the present un- sought controversy, a further proof of this may be found. We have paraded in the public papers, with the reckless impropriety which characterizes the whole conduct of this war upon the College, the assumed statement of the votes of the Trustees ; and it will be found, so far as that state- ment is entitled to credit, that all who voted for a Unitarian, with one exception, belong to the Episcopal Church, and that the successful candidate, who does not belong to that Church, was elected by the votes of members of the Epis- copal, Dutch Reformed, and Presbyterian Churches. Where then is the foundation for the accusation that the College is exclusive, or that there is a disposition in its Trustees to keep its offices for the benefit of members of the Episcopal Church ? But although this exclusive character cannot be charged upon the College, yet many cases might occur in which it might be highly expedient in the judicious management of its concerns, and with a proper regard to its interests, and to the promotion of its usefulness, to take the religious pro- fession or belief of a candidate for a vacant professorship into account. For instance, this College supports a profes- sorship, one branch of the duty of which is to teach and explain the Evidences of Natural and Revealed Religion. Ought this duty to be committed to an infidel, who attach- es no weight to those Evidences ; or to a Mahommedan or 13 Jew, who believe them not at all, so far as they vindicate the truth of the Christian religion, which, in a Christian institution, they are relied upon to instil and enforce in the minds of its students ? Or, suppose that when a vacancy of one chair should occur, it should be found that all the others, then being tilled, were occupied by gentlemen of one and the same religious denomination, — might not the Trustees rightfully, with a view of preventing the convic- tion becoming prevalent in the community, that the College was used as a means of patronage and support of the members of a particular Church, and of averting the evil that would in consequence fall upon itself, take this matter into consideration ? And might they not, when two candi- dates were presented of equal qualifications, choose him at- tached to the Church to which the other professors did not belong ? Or suppose that, in case of a vacancy. Trustees should see, in such way as to produce conviction in their minds, that an attempt by intrigue ar^d intimidation to force a candidate of a particular religious belief into the College, was the precursor of future attempts to remove by the same means from their chairs their present occu- pants, to make room for others of the persuasion of him sought then to be introduced, — perhaps to the entire des- truction of the character of the institution of which they are the guardians, — may they not in such case prefer, by their votes, one of equal attainments to him supported by such influences ? In all these cases, the discretion which each Trustee would be left free to exercise by a reply in the affirmative, would be proper and necessary, if we have regard only to the promotion of education, to the usefulness of the institution, or to its due government : yet the motive in each case for the choice would be drawn solely from the consideration of the religious profession of a particular can- didate. And to the same extent that the exercise of the discretion manifestly proper in such cases would be benefi- cial, would the refraining from its exercise be hurtful, and subversive of the prosperity and good order of every college 14 or academy whose trustees might regulate their conduct by the arbitrary rule now attempted to be enforced. The error is in not distinguishing between a disqualifi- cation by virtue of a rule operating upon a class and a dis- crimination in the case of a particular individual of that class. The one is impolitic and unjust, as well as illegal ; the other is legal, and may in particular instances be both just and consistent with sound policy. And care should be taken that a principle should not be advocated or adopted through a mistaken regard for the rights of one person, which, carried into practice, would be an infringement of the rights of a large number of persons. As an illustration of this : religious profession is not, and ought not to be, a disqualification for any political office ; yet, who shall pre- vent, — what law prevents, or ought to prevent, an elector from taking such profession into account in forming his es- timate of a candidate, and as a motive for throwing his ballot for or against him? Among the grounds of objection to Dr. Gibbs, stated by Mr. Ruggles to have been made by Trustees, are the means that have been used outside of the College to further his election. These are enumerated as " the petition of the Alumni for his appointment — the concurrence of some of the parents of the under-graduates in that petition — news- paper paragraphs, intemperately and indecorously asserting the superiority of his claims." And we are told that " the objection made to these was, that they constituted an outside pressure, in which it did not become the Trustees to ac- quiesce, and which their official dignity required them to resist, by electing some other candidate." This is a mode of stating the matter well suited for the purposes of satire, but neither calculated to persuade the colleagues of the au- thor who diff'ered from him in opinion — to bring whom to a better mind he affected to write, —nor consistent with the truth. The papers signed by the Alumni were not petitions. They were simply recommendations of the appointment of 16 Dr. Gibbs for the vacant chair, and as such were submitted with and as part of his testimonials — as evidence in his favor. As such they required no answer. They did not purport to give any qualification of the gentleman in whose favor they were presented, nor any fact to assist the Trus- tees to form an opinion as to his abilities, acquirements or character. They might therefore properly be regarded as the respectful expression of the wish of the signers that, if foimd in all respects the best suited for the place, he might be put int