Mercer University and the Legislature

By Jesse Harrison Campbell


THE Georgia Baptist Convention, at its annual session in the spring of 1831, at Big Buckhead church, Burke county, adopted a resolution to establish a classical and theological school, the main object of which was the improvement of the rising ministry. If memory is not at fault, the resolution was offered by Rev. Adiel Sherwood. That school was located in Greene county, at what is now known as the village of Penfield, and was called Mercer Institute, in honor of Rev. Jesse Mercer. The village was named Penfield, in honor of Mr. Josiah Penfield, a deacon of the Baptist church in Savannah, who had bequeathed to the Georgia Baptist Convention, for ministerial education, the sum of twenty-five hundred dollars; this amount to be paid by his executors, when the Convention, or its friends should have raised an equal amount for the same object. Mercer Institute was opened as a Manual Labor School, the 2d Monday in January, 1833, with thirty-nine pupils, (seven of whom had the ministry in view,) Rev. B. M. Sanders, Principal, and one assistant. Its only buildings were "two double log cabins," which served as dwelling, dining-room, dormitories, etc., for both teachers and students. This unpretending Seminary subsequently became Mercer University—how, we proceed to show. (For a more full account of Mercer Institute, see sketch of Rev. B. M. Sanders.)

For the following facts, the author draws almost exclusively from reports adopted by the Georgia Baptist Convention, which he uses freely without further notice. In the year 1835, there was an effort made by a portion of the Presbyterian denomination to establish a college under their auspices at Washington, Wilkes county. A considerable subscription was made up for the enterprise, but the Washington project failed, and their Institution was located at Midway, near Milledgeville, and is now known as the Oglethorpe University. (If any shall infer that the Presbyterians thus became the leaders of the Baptists in the matter of a denominational school in Georgia, it is only necessary to remind them that " Mercer Institute " had been in successful operation more than two years. The Baptists were foremost in their educational movements in this State.) In the meantime the inquiry was propounded, " why may not the Baptists have a college at Washington?" To use the language of the venerable Mercer, " the notion took like wild-fire." Large portions of the subscription made for the Presbyterian project were transferred, and new ones added. Rev. William H. Stokes and Dr. William H. Pope were particularly active in forwarding the enterprise, the latter performing much voluntary service in getting up the subscription.

In October of the same year, the project was brought to the notice of the Georgia Association, at its annual session in Augusta, and was favorably entertained by that body.

The next year the plan was submitted to the Convention at its session in Talbotton, May, 1836. A subscription of some forty or fifty thousand dollars was tendered to the denomination, on condition that they should establish a college at Washington. The proposition was accepted, and it was agreed that the institution should be known as 'The Southern Baptist College." Agents were sent out to increase the subscription ; a charter was obtained from tho Legislature; and at the next annual session of the Convention, at Ruckersville, Elbert county, a subscription of $100,000 was reported as having been made up, this being the amount agreed on as essential to justify the commencement of the enterprise. Of this amount about $40,000 were subscribed in Wilkes county, Rev. Jesse Mercer having increased his first subscription of $3,000, to the liberal amount of $10,000.

About this time a terrible financial crisis had overtaken the country, followed by a pecuniary pressure, well calculated to dampen the zeal of the most ardent friends of the college. Many began to fear it could not be sustained, and at the same time afford to Mercer Institute the support it so much needed, and who finally urged the abandonment of the Washington location and concentration on the Institute. This produced some warm discussions in the Board of Trustees, (which had been appointed by the Convention,) Sanders being in favor of Penfield, Mark A. Cooper in favor of White Hall, near what is now the city of Atlanta, and Mercer, with some others, strongly opposing any change. While this subject was under discussion, on one occasion, the venerable Mercer became quite impatient, if not indignant, and withdrew from his seat as chairman, refusing to preside. As soon as this ebullition of feeling subsided, however, being urged to resume the chair, he did so. Nothing definite, however, was done at that meeting, which was held at Washington. But at a subsequent meeting of the board, August, 1837, at Athens, the following resolutions were adopted by a large majority:

"Resolved, That the important business of raising and endowing a Southern Baptist College in Georgia, entrusted to the care of this Board, has been maturely examined and inquired into. They have duly considered the means and resources required therefor, and are of opinion that it is inexpedient to undertake the building of a college under present circumstances. The reasons that have brought the Board to this conclusion are, in part, the following: First, the embarrassment of the times; second, the differing views of brethren in regard to the plan proposed; lastly, the inadequacy of the means in hand.

"Be it therefore resolved further, That the whole subject be referred to the executive committee of the Baptist Convention for the State of Georgia, with the recommendation of this Board that they surrender the present charter and abandon the enterprise, or seek to set on a footing a plan that will command the resources demanded for the accomplishment of the great undertaking."

By virtue of this movement, the Washington project was virtually dead, though the Board of Trustees went through the formality of surrendering up, by resolution, the charter and project to the Convention.

(The friends at Talbotton had made a vigorous effort to have the Southern Baptist College located at that place, and Rev. Robert Fleming attended the Convention at Ruckersville, in 1837, with a subscription of about $50,000 00 ; but this overture seems to have met with but little encouragement.)

The question then arose, shall the important design of establishing a Baptist College in Georgia be abandoned? The executive committee, with many others, felt that it must not be given up, and at once resolved to carry out the main design, or make a serious attempt to do so, by connecting a collegiate department with the Mercer Institute, still continuing the academic feature of the seminary. This they believed they had the power to do, inasmuch as "the ultimate and conclusive direction of all the interests and operations of the institution" had been vested by the Legislature " in the executive committee, as agents of the Convention," and they had been "left at liberty to alter or amend, as expediency might seem to require." As already stated, in August, 1837, the Trustees of the Southern Baptist College abandoned that project and surrendered their charter to the Convention. The executive committee decided, in September, to take immediate steps to elevate the Mercer Institute to the rank of a University, and to apply to the next Legislature for a charter. This charter was obtained in December following, and is in these words :

"AN ACT to amend an Act entitled an Act to incorporate the Baptist Convention of the State of Georgia.

" Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, and it is hereby enacted by the authority of the same, That if, by the Act entitled an Act to incorporate the Baptist Convention of the State of Georgia, said Convention or their executive committee are invested with taxing power, all such power is hereby annulled and made void.

" Sec. 2. And it is further enacted by the authority aforesaid, That the executive committee of the Baptist Convention of the State of Georgia shall have power to establish and endow a collegiate institution, to be known by the name of the Mercer University, on the premises owned by said Convention in Greene county; and said committee are hereby authorized to make all necessary by-laws and regulations for the government of said University: Provided, they be not repugnant to the Constitution or laws of the State, or of the United States, until a Board of Trustees shall be appointed by the aforesaid Baptist Convention.

" Sec. 3. And be it further enacted by the authority aforesaid, That the Baptist Convention of the State of Georgia may, at its next meeting, or at any subsequent meeting, elect a Board of Trustees for the said University, consisting of not less than fifteen nor more than thirty-one in number, who shall, or their successors in office, be a body politic and corporate, by the name of the Trustees of Mercer University, and as such they shall be capable of and liable in law to sue and be sued, to plead and be impleaded, and shall be authorized to use a common seal, to hold all manner of property, both real and personal, for the purpose of making a permanent endowment of said institution, and to raise funds for the support of the same, and for the erection of buildings, or to confer literary degrees, and to exercise such other power, not inconsistent with the laws of this State or of the United States, as the aforesaid Convention shall see fit to vest in their hands.

" Sec. 4. And be it further enacted by the authority aforesaid, That the aforesaid Convention shall be authorized to determine the manner in which said Board of Trustees shall be perpetuated, and the character of the individuals from whom they may be chosen.

" Sec 5. And be it further enacted by the authority aforesaid, That, upon the premises now owned by the Baptist Convention of the State of Georgia, in Greene county, or that may hereafter come into their possession, no person shall, by himself, servant or agent, keep, have, use or maintain a gaming house, or room of any description, or permit, with his knowledge, any house or room occupied or owned by him to be used by any person whatever as a place of gaming, nor shall any person upon the premises aforesaid, by himself, servant or agent, keep, employ or allow, with his knowledge, to be kept or employed on the premises he may occupy, any faro table, billiard table, E O table, ABC table, or any other table of like character, nor shall any person, by himself, servant or agent, upon the premises now owned by the said Convention in Greene county, or that may hereafter come into their possession, to be allowed to sell ardent spirits, wine, cordials, or any other intoxicating drinks whatever, nor permit the same to be done with his or her knowledge or approbation, on the premises which he or she may occupy: Provided, however, that the Trustees of the Mercer University may have power to authorize any individual to sell ardent spirits, wines, etc., upon their premises for medical and sacramental purposes. Any person violating the prohibitions contained in this section shall be liable to be indicted for a misdemeanor before the Superior Court, and, on conviction, shall be fined in a sum not less than one thousand dollars.

" Sec. 3. And be it further enacted by the authority aforesaid, That the executive committee of the aforesaid Convention, in executing titles for lots which they may sell from time to time, shall have power to insert such condition as may tend further to defend the premises aforesaid from the nuisances specified in the foregoing sections of this act.

" Joseph Day, "Speaker of the House of Representatives. " Robert M. Echols, "President of the Senate. "Assented to, 22d December, 1837.

" George R. Gilmer, Governor."

As the statement is sometimes made that the University was chartered in 1838, I call attention to the fact that the charter ,was obtained in 1837, and not in 1838. Under this charter, the " Baptist Convention of the State of Georgia," at its session in 1838, elected the following gentlemen as the FIRST BOARD OF TRUSTEES OF MERCER UNIVERSITY.

Jesse Mercer, C. D. Mallary, V. R. Thornton, Jonathan Davis, John E. Dawson, Malcom Johnson, W. D. Cowdrcy, J. H. T. Kilpatrick, J. H. Campbell, S. G. Hillyer, Absalom Janes, R. Q. Dickinson, William Richards, Thomas Stocks, T. G. Janes, J. M. Porter, Lemuel Greene, James Davant, F. W. Cheney, E. H. Macon, William Lumpkin, J. G. Polhill, Lott Warren, M. A. Cooper, J. B. Walker, I. T. Irwin, W. H. Pope.

To this Board all the funds of the University, and its"entire management for the future, were soon thereafter turned over, and it has been the custom of the Convention ever since to elect a new Board every three years. [The name of the institution had been changed by the executive committee from the "Mercer Institute " to that of the " Mercer University " in September, 1837.] In July, 1838, the newly elected trustees met at Penfield, organized for business, and received the important trust thenceforth committed to their care. This was not done without fervent prayer to God for wisdom and grace. Being one of that " original panel," the author speaks advisedly when he declares that the sessions of the Board are always opened and closed with prayer, and that he cannot recall an instance when any important action has been taken without first imploring the divine direction and aid. When it is remembered that Mercer, Stocks, Mallary, Thornton, etc., were leading spirits among us, it is not to be wondered at that such a custom was inaugurated. Perhaps no body of men ever labored together more harmoniously during so long a period in the management of a public institution; and though their management may not in all cases have met the views of interested or disinterested parties, it may with safety be recorded that it has generally been such as to promote the usefulness and success of the institution.

Thomas Stocks was the first president of the board of trustees, and has been continued in that position until quite recently, when his declining health has disqualified him for it. Four agents, Posey, Conner, Davis and Mallary, were employed in getting the subscriptions to the Washington project transferred and in obtaining new subscriptions. From the sources of information at hand, it is believed that by the end of the first year of its existence the University had been endowed to the amount of about $120,000 00. This includes the legacies of Rev. Jesse Mercer. Among those who contributed large amounts, $1,000 00 and upwards, towards this endowment, were the following : Cullen Battle, R. Q.Dickinson, Jesse Mercer, W. H. Pope, James Boykin, T. G. Janes, Absalom Janes, W. Peek, Solomon Graves and John B. Walker. Many others were equally liberal, considering their ability. But those men were both able and willing, and so the work of endowment went on successfully.

The institution lost heavily by the late war, but the report of the trustees to the Georgia Baptist Convention, at Macon, April, 1866, shows the University to be worth in good stocks and securities, $144,793 47.

The following gentlemen have been officers of the University:

Presidents—B. M. Sanders, Otis Smith, J. L. Dagg, N. M. Crawford, H. H. Tucker.

Professors and Assistant Professors—I. C. McDaniel, J. W. Attaway, W. J. Hard, S. P. Sanford, Albert Williams, Robert Tolefree, B. O. Pearce, P. H. Mell, W. R. Posey, B. T. Moseley, S. B. Miller, T. D. Martin, S. G. Hillyer, J. E. Willet, U. W. Wise, H. H. Tucker, W. G. Woodfin.

Professors in Theological Department—Adiel Sherwood, J. L. Dagg, J. L. Reynolds, William Williams, S. G. Hillyer.

The " manual labor" feature of Mercer Institute was continued in Mercer University for several years, though it was regarded by many as being not only unprofitable but positively injurious; and, after eleven years' experience, it was " indefinitely suspended." At a meeting of the Board at Penfield, December 18, 1844, the following report was adopted: " The committee on manual labor made the following report: Whereas, the manual labor department of Mercer University has been sustained at a very heavy expense—an expense which the present state of the funds will not justify, and has in our judgment materially retarded the growth of our institution, after as favorable an experiment as we have been able to make of the scheme ; and whereas, the contributors to the University fund, so far as they have been called upon, express themselves with almost entire unanimity ready to concur in any measure in reference to the system which tho Board of Trustees may deem essential to the prosperity of the institution; and whereas, the Board of Trustees have found themselves, under all the circumstances, unable to accomplish, to any desirable extent, the important and benevolent designs for which it was originally organized—be it therefore Resolved,That this department be and is hereby indefinitely suspended."

The brother who furnishes me the foregoing item adds: " Private.—Being a student at the time, I was one of the pallbearers at the funeral of manual labor, and a more joyful funeral, perhaps, was never held; albeit the old system did my health and constitution good, Requiescat in pace." 

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