The University Controversy

Por ome tirao past i coDtroversy has cxistêd botween tho Board of Regents and the President of tho Univer. sity, with roferencü to the'powers Of the lutter ander Sec. 8 of Art. 13 of the Coiistitution. That seelion is as fulIowf: "The Regcntsof the University shall, ! ;it their Bret anoual meeting, or as soon thereaffcer aa .nay be, elect a President of tho University, who shall bc ex ojici a member of their board, with" tho privilege of speaking, but not of voting. He shall presida at tho meeting of the Regenta, and le the principal executivo I officer of the Universily. The Board ! of Rogonts shal! have tho general supervisión of the Univorsitv, and the direction and control of all expenditures froili the Uuiversity interest fund." The precise point of thi? controvorsy it may bo somewhat difllcult for us to state, but asnear aawe can underetand it, the viows of the President with respect to the respective powers of himself and the Kogents, aro expressed in a letter of Judge Piuiiiini'o.N-r, rocently pub Hshed, and are as follows: "The general supervisión and tile legislativo power is vo.stod in the Board of Regente. The executive power is verted in the President; he is "the principal executive officier;" and all subordínate executive ofïicors are under the principal. The Regent? cannot direotly, or ly indiroction deprive the President of tho chief executive power of the University. ' Por examplo: the Kegents may direct an appropriation for the parchase of books lor the University; that order cannot, lawfully, bo executed except through the President, or with his sanetion. If tho Regents make an appropriation for tho warming, lighting, sweeping, and general caro of tho recitation rooms, and order that the money bü applied lor that purposo, ït is the duty of the President, as the "principal executive oflBoef" to cxecuto such order; and Ihe rigld to appoint tho servants neeessary to pcrlorm this cxocu tion belongs to tho President. "As matter oflaw, and as inatter of ncces.-ity, this is clearly so; otherwise the President, who is tho chief executi ie offioer, cannoi ' perform his dutics. - Every servant rnay refuso to obey him; tho janiior may insult him, and he has no power to discharge the insolont or delinquent serva Dt, employed to perform the subordínate duties, which tho President, as tho Chief Exeeutivo OÍKccr, is hound to sec -performed" Acting npon theso views the Presi deDt insiste among other things, on his right to be placed at the head of tho Cornmittoes of the Board, or at least, of tho principal ol thein - tho Executivo, and Library Committecs. The Board, on the other hand, duim that though the Prosident is chief exscutive oí tho University, this does not prevent tho Board irotn appuinting inferior executivo agents, or give hun the right, dire-'tly, or as a member of Oommi tt eos, to 'control their action as a law making body. The University is the institution of learning; the Board of li'gents is the aw-makiug power for this insütutioii, The President is chmf executivo officor of tho University, with tho right ar.d duty to sec all its laws , Gniorced, to supervise genorally all its , interior management, and report te the law-makipg body; but in tho latter body he is presidí Dg offieer odIv, and to aliow his claim to a position on Cominittees would be to givo him indirectly a voto in the Board, whioh by the Constitutiou ho is prohibiled f rom having directly. Thu Board claim also that his being chiefexecutivo offieer does not entitle him to appoint subordinates, or to expend appropriaiions - the latter, not being in their view, we suppose, execu iive duty; or if executivo, not necessarily dovolving upon tho chief exeeutive offieer. Counected with this controversy about riglits, has sprung up a personal one between the President and one member of the Board. With a view, we suppos3, of putting an end to all these controversies, and of vesting in tho President all tho power of control, he deemed best for the institution, a bilí was prepared by a few persons hera and in Detroit, and taken to Lansing, wbich would have the effect, if constitutional, to radically chango the governrnent of the University. The most important change8 made in the present law by il, wcro: It required the apjwintmcnt of all Professors and Tutors, the Steward, Janitors, and all othcr offieers and employés of the University, except the Seoietary and Trcsurer of tho Board, to origínate with the President. The President nominated thern to the University Senate, and aftel" approval by that body, theRegents might reject or approve. Itgaveto the President and Señarte the right to f511 all vacancies until tho nest meeting of tho Board, lt fixcd the meetings of the Board at the two Commeneements, and left with the President, or in case of vacancy in that office with tho Sonate, tho power to cali special meetings. And it prohibited tho Board from authori.ing any of its Committecs, or any member of a Coinmitteo to disburse appropriations made by the Board. Thia bill scems to have been sent on to Lüii.sing without previona conference with the mambers of the Faculties here, and on Saturday a moeting of the University Senate was called by the President, at their request, to consider it. - In that meeting - but two members of the Senate being absent - a very full discussion was had, not only of this bill, but ol the question whother it was desirablo to apply for any legislation at all; which resul tod, and we think wisely, in the unanimoui adoption of the fol. lowing resohition: lïtsolved, That in tho opiifion of this Senate, it is inexpedient to have any legislation with reference to the Univcrsify at tho present time. The bill in question soems to have ' been gonerally disapproved of, and gtrong loubts expressed of ite constitutionality. At the samo time a Comrnittee, con" sieting oí Professors Fokp, Wiiitb and CooLiiv, was appointed to considor the differences between the PreddeDt and the Uei(oiitsJ and to rfeport to the Senate. These gentlemen are all warinly attached to ibe President, at the same time tlmt it is bulL-ved tlii'V have the confidence of the liegent:-; and the opinión eeémed to be general in ihe Senate thnt there were no such diñiculties in the way of harmony as could not be re moved by conciliatory action. We cortainly hope that suoh mny be the issue, artd we ihink itwill be if outside parties will leavo the matter where it belon; ,s. in the hands of the President, Regente and Facullies. Such has lieretufore buen our opinión, and j vo havo t hert: foro refrnined froin discuüsing these unfortunutö diff arencas in our columns. Sinco the above was written we 'oarn that another meeting of the Senate has been had, to which the abovo mentioned Cominittco made a report which was adopted uiianimously, racommending that the Senate request tho Board of Iiegents to allow them a ropresentation on tho Committees of tho Board as iollows: On the Execulivo Committeo, by plaeing at its head the President of tho Senate and of tho University. On the Library Cömmittee, by making it a joint Committeo, compesed of the President, the Librarían, oue member from each Faculty, and such number of' Regenta as they shall seo fit to put upon it. This request is to be made in view of tho resoluton of the Senato against legslation, and whelher it be granted or not will probably depend very inuch upon whetfaer persona not eonnected with tho University do ar do not ceaso thöir offorts to ob. tain legislation contrary to tho destre uf tüe Senate. It is intended as a measure of cornpromise and harraony, and if grantod, will bo grantod assuch, waiving all otber questions of expedioncy or power. We believe and havo alv:iys bclievcd that tho statemonls of difficulties here wcro greatly oxacn'oraied, and that the diöculties thomselves vvere nggravated by wcll m&aning persons who had a very imperfect know!edge of the real state of things, or of the raotters in controversy, and rhose efforts, instead of tending to cppciliate, could only embitter and perpetute existiüg diiliculties. Wc have boen informed that the residoDt Regent approves of tho action of the Senato in its eondliatory proposition. SS" President Blchanan lias called a special session of the Sonate to convene on the Fourth of M;treh, at noon, for the purpose of reooiving and aoting upon sueh noniinations as the President elect in ay send in. jL5L" Our neighbor of the Journal, writing f rom Lansing, says : " A majori" ty of our Representativos in tho Legis" lature are so strict and rigid in théir ' priuciples , and so dovoled to rcpubli ' cauism, tliat tliGy do not deem it safe to " do any tbiug of a ivational cbaracter, i' not plainly provided forby the platform ■ ' of the Chioogo Oonventiou." Probably whon thoy subscribod and took the official oath, the words " Constitution of the United States" were strickon cut, and in their place, " Chicago platform" inserted. Tlicir action shows this at all events. J-" The "Southern Confederaucy of six States bas been organized. - Jefferson Dayis, of Mississippi, has been elected President, and A. H. Stkmiens, of Georgia, Vice President. Texas bas since recoguized the Confederancy, and sent seven delegates _to the Gongress. SUS!' The electoral votes wero counted in ioint Convention of the two IIouscs of Congress on Wednesday, Yice President Bkeckenridge presiding, and Abraham aud Hannibal Hamlin doclared duly elected President and Vice President of the United States. The votes of all the States wero counted without objection, and no disturbance of any kind occurred. íríf" Tho Congress of the Southern Confecleraey has jiussed a resolution to take all the forts, arsenals, &c, in the seceding Stateá under their chargo. - This action it is intimated does not satisfy South Carolina, and wo raay look for anotnor secession.