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Title:[Letter] 1824 Oct. 22, Nashville, Tennessee [to] D.A Sherman, Knoxville, Tennessee / Francis B. Fogg : a machine readable transcription of an image
Author:Fogg, Francis B.

This work is the property of the Special Collections Library, University of Tennessee, Knoxville, TN. It may be used freely by individuals for research, teaching, and personal use as long as this statement of availability is included in the text. For all other use contact the Special Collections Librarian, Hoskins Library, University of Tennessee, 1401 Cumberland Avenue, Knoxville, TN 37996. (865) 974-4480.

Date: October 22, 1824
Extent: 4p
Summary:This document is a letter dated October 22, 1824, to the Reverend D.A. Sherman, President of East Tennessee College from Francis B. Fogg, secretary of Cumberland College. The letter discusses one Judge White's involvement with a case concerning both institutions.
Collection:East Tennessee College Papers

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October 22d, 1824Sir

Your letter of the 10th instant has been laid before the Trustees of Cumberland College , and they have desired me to inform your board of their regret that any misunderstanding should have existed relative to the employment of Judge White in the cases at Knoxville wherein the Colleges are interested. So far from having any want of confidence in the talents and abilities of that gentleman, we do not know of any person in this state in whose knowledge and distinguished abilitys [abilities] we could repose more unlimited confidence in the management of the suits, and we can scarcely conceive how any suspicion to the contrary could have been entertained. The only motive that influenced us, was the expense that would be incurred in the Circuit Court, which we had been led to conceive was unnecessary, as from are limited information on the subject, we understood that the real questions involved had been twice decided in favour of the Colleges in the Supreme Court of the United States , and that the principle duty and trouble of the Counsel employed in the Circuit Court would be to have the questions properly stated in the Bill of Exceptions that they might be fairly before the Supreme Court of the United States. Our understanding from Judge Trimble was that Judge White was to be employed in the Supreme Court to argue

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the cause there, and we knew not that he had employed him or agreed to do so in the Circuit Court, and in this opinion we were strengthened by your letter of the 20th August in which you say that the Counsel for the individuals against whose suit was brought, thought it would be unnecessary for the Colleges to be at any expense at the trial in October, though it might [added: be] well to make some provision in case the cause should be appealed to the Supreme Court of the United States. You also mentioned that the counsel for those individuals was confident that the cause would be decided in our favour, and that it was only the wish of some of the Trustees of your College that Judge White should be employed, and you requested our expression of the wishes of our Board in relation to his employment. We could not therefore suppose that any pledge, engagement or contract had ever been made, and although in your letter of the 8th Septr [September]. you state that it seemed imperiously necessary that Judge White should be employed, yet not knowing any [added: other] facts than we had before been in possession of we could not acting as trustees for a Literacy institution which had but very limited means, and whose necessary expenses were at this period very great, consent to give a very liberal fee for counsel to manage the cause in the Circuit Court; and in no event acting in that capacity could we consent to give the fee mentioned in your letters. Had we been acting as individuals the opinion of several of the Board would have been very changed.

Under these circumstances as Judge White had declined attending to the agreement of the causes at Washington, and

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not knowing that he had actually been employed by Judge Trimble or that there was any pledge to him, or contract that he should be, we wrote to Mr. Anderson requesting his attention to the cause in the Federal Court at Knoxville, intending hereafter should it be necessary in concert with your College to employ other Counsel at Washington City.

I am Sir, Respectfully
Your obedient Servant
Francis B. Fogg
Secretary of Cumberland College
Revd [Reverend] D. A. Sherman Prest [President]. of E.T. College

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Revd. D.A. ShermanPrest. of E.T. [East Tennessee] CollegeKnoxville
[added: mail][added: F.B. Fogg_ final respect? Judge W_ ]

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