[This artical originally appeared in Bulletin of The Stephen F. Austin Teachers College Historical Number containing the papers read at the Annual Meeting of the East Texas Historical Association, 1928 - 1931. (Nacogdoches, Texas: Stephen F. Austin State Teachers College), 1932, 32-48. Click here for a PDF version.

Some leaves from the "Treasurer's register of property and claims belonging to the trustees of the Nacogdoches University and of debts due by the trustees."

INTRODUCTION
The people of Nacogdoches, possessed of that desire of public educational opportunities for their children which characterized the pioneers of Anglo-Saxon extraction coming from the United States to settle in Texas, and following in the footsteps of various other communities of the Republic of Texas, established the Nacogdoches University under a charter of the Republic on February 3, 1845. This was the seventh and last university to be chartered by the Re-public of Texas. The charter for Nacogdoches University was grant-ed on a petition from the people of Nacogdoches who had held a mass meeting at the court house on November 1, 1844, and who had unan-imously agreed to petition for such a school. Frost Thorn, who had presided over the meeting, appointed Charles S. Taylor, James H. Starr, Dr. T. Jeff Johnson, and Rev. John M. Becton as a committee to draw up a charter which was submitted at a second meeting and thereby adopted. Another committee was then appointed to present the drafted charter to the Congress of the Republic for ratification.

This charter was ratified and signed by the President, Anson Jones, on February 3, 1845. In the majority of its provisions it is very sim-ilar to the charters of the other universities and colleges established during the period of the Republic. It provided for an institution of laming to be denominated the Nacogdoches University to be estab-lished at Nacogdoches under the control of a Board of Trustees. The board of trustees was named and provisions made for their suc-cessors and the filling of vacancies on the board. The members of the original board and their terms of service were as follows:

First–W. W. Wingfield, Joseph D. Sharp, James H. Durst to serve two years; Robert E. Wynne, Ambrose Crain, and David Muckleroy to serve four years; Win. Hart, Bennet Blake, and Charles S. Taylor to serve six years.

Second–Thomas J. Rusk, James H. Starr to serve two years; John M. Rector and T. Jeff Houston to serve four years; Solomon Wolfe and Frost Thorn to serve, six years.

The officers of this board were Frost Thorn, president; Win. Hart, secretary; and Charles S. Taylor, treasurer. A complete list of the officers of the boards of trustees is not now available, but the fol-lowing partial lists have been compiled from deed records now on file in the Nacogdoches county court house:

Presidents:

Secretaries:

Treasurers:

Vice-Presidents:

The trustees were to have a common seal with liberty to change and alter the same from time to time, as they should think proper. On the earlier records the seal used was simply the word "SEAL." Within a small scroll.

On later records a more formal looking seal was used which was made by drawing two circles, one within and smaller than the other.

In the smaller circle were written the words, "The Trustees of," and in the larger circle the words, "Nacogdoches University." A silver dollar and fifty-cent piece were used as measures for drawing the circles.

The trustees were to have the power to establish medical and legal departments whenever, in their opinion, the funds of the institution should justify it. The announcement of the first session of the Uni-versity states that arrangements had been made for the study of law in connection with the University and that the Law Department would be developed, but there is no record of the medical department ever having been established.

The trustees were to have the power to appoint suitable officers, and to enact ordinances and By-laws for the government of the institution; to employ professors and teachers, and fix their salaries; and to prescribe the course of studies to be pursued in its various depart-ments with the understanding that no religious, sectarian or doctrines were to be taught and that the institution should he equally open to children of all classes without regard to their religious belief. The titles of the instructors were given:

"Be it further enacted, That the head of this institution shall be styled the 'President'; the male instructors thereof 'Professors', and the head of the female department, the 'Principal' of said department."

The trustees had the power, by the president or professors of said University to grant "such degree or degrees in the arts or sciences as are usually granted in other Colleges." This charter was to continue in force for twenty years, subject to renewal by Congress.

One section of the charter is of sufficient importance to be quoted in full.

"Sec. 19. Be it further enacted, That the four leagues of land granted to Ayuntamiento, or corporation of Nacogdoches, by the government of Coahuila and Texas, on the second day of May, A. D. one thousand eight hundred and thirty-three, be, and the same are hereby recognized by this government, and transferred and passed over to the Nacogdoches University, with the consent of the corporation of Nacogdoches; and the Commissioner of the General Land Office is hereby authorized and required to issue, in the name of the Trustees of the Nacogdoches University, certificates for the same, which may be surveyed in tracts of not less than one-fourth of a league, and patents shall issue on such sur-veys as in other cases."

The four leagues of land referred to in the above section of the charter had been granted to the Ayuntamiento of Nacogdoches for school purposes, but with a very different idea of the aims and func-tion of a school from that which animated the people of Nacogdoches in their petition for a university as may be readily seen by a com-parison of the decree of the Mexican grant and the charter.

The Congress of the State of Coahuila and Texas hath thought proper to decree:

Art. 1. Four sitios of land, of the vacant lands of that munic-ipality are hereby granted to the Ayuntamiento of Nacogdoches to which possession thereof shall be given by the commissioner, whom the executive shall appoint for that purpose-;with power to select said sitios in continuity or separate as many be most proper in the judgement of the said Ayuntamiento.
Art 2. The lands mentioned in Article 1. shall be under the management of said corporation in conformity to the provision that is now, or shall be hereafter made by law.

Art. 3. The products thereof, whatever are, shall be ap-propriated entirely and exclusively as a fund of the primary school, wherein the Castilian language, and what is furthermore, provided in article 215, of the constitution, shall be expressly taught.

For its fulfillment, the Vice Governor of the State shall cause it to be printed, published, and circulated.

Dionico Elizondo, President.

Morcial Borrego, D. S.

Juan F. de Lombrana, D. S.

Wherefore I command it to be printed, published, and circulated and duly fulfilled.

Given at the city of Monclova on the 2nd of May, 1833.

J. M. do Veramendi.

Santiago del Valle, Secretary.

The committee who drew up the charter and at least a majority of the people of Nacogdoches seem to have had strange and groundless fear that the institution might grow into a "rich, powerful, soulless corporation" for it was provided that the trustees as a body politic and corporate "may receive and enjoy lands, tenements and hered-itaments, and personal property of any kind whatsoever, and also all sums of money which may be given, granted or bequeathed to them for the purpose of promoting the interests of the said institution; Provided, that the amount of property owned, at any one time, shall not exceed one hundred thousand dollars, over and above the building, library and apparatus necessary for the institution." And the last section of the charter gives expression to the very prevalent fear and distrust of banks by stating that "nothing in this bill shall be so construed' as to allow banking or any other privileges not contemplated in this charter."

This charter remained in force twenty years. During this time the school was in continuous session and was operated successfully with the exception of the period of the Civil War. At that time the University almost ceased to exist. The building was used for a few weeks or months at a time by two or three ladies of the town who taught small children. It was also used during the war as a hospital for Confederate soldiers. During' the Reconstruction Period it was the headquarters for the Federal soldiers stationed at Nacogdoches.

After the Reconstruction Period the school was taken over by the Catholics and from 1870 to 1872 was taught by nuns. But so little interest was taken in it that the charter which had expired in 1865 was not renewed until February 11, 1873, at which time it was renewed to continue in force until January 1, 1900. A board of trus-tees was reorganized and constituted:

First class: Richard S. Walker, John Forbes, Bennett Blake, Frederick Voigt, Charles M. Raguet, M. G. Whitaker, L. E. Griffin, A. H. Cram, and Peyton F. Edwards.
Second class: Moses L. Patton, Edward J. Fry, Lawrence S. Taylor, Henderson Muckleroy, R. D. Orton, and William Clark.

But even after the renewal of the charter the school did not have clear sailing. In 1875 Milam Masonic Lodge No. 2 assumed management. Various changes were made until in 1887 the grounds and buildings were leased to Keachi College which up to that time had been located at Keachi, Louisiana. For a time the name of the institution was changed to Keachi College, but this was soon dropped and people slipped back into the habit of calling the school by the old name, Nacogdoches University. Indeed, this name became so fixed that it was continued in use long after the institution had ceased to exist and the grounds and buildings were occupied by the public schools of the city. After the expiration of the charter in 1900 it had become clear that a university could not be maintained and the charter was not renewed. In 1904 the grounds and buildings of the Nacogdoches University were deeded to the Nacogdoches Independent School District to be used for "educational purposes only and for white children only." The remaining property of the institution was sold and the proceeds used to improve the campus. Thus the Nacogdoches University passed out of existence.

Few records of Nacogdoches University now exist. About fifteen years ago the "Secretary's Record Book" and the secretary's file were burned in a fire that destroyed a block of the business section of Nacogdoches. Some account of the early sessions of the school and announcements of changes in the faculty may be gleaned from old newspaper files. There are, of course, deed records of the transfer of land in the Nacogdoches County court house. Mrs. K. P. Branch of Nacogdoches has two old catalogues of the University. One was printed in 1858 when her father, G. M. L. Smith, was pres-ident of the school, and the other in 1888 when Keachi College came to Nacogdoches.

The most important of the remaining documents is the "Treasurer's Register of Property and Claims belonging to the Trustees of Nacogdoches University and of Debts due by the Trustees". This is now in the possession of Miss Laura Taylor who very kindly loaned it to me for the preparation of this paper and for exhibition at this meeting. The ledger in which the accounts were kept is nine by fifteen inches and contains 68 written pages. The treasurer made his report at the annual meeting of the board of Trustees. Most of the reports are signed and dated, but a few are not. The handwriting of some of the treasurers of the board was singularly beautiful and fine, and the register in entirely legible. It is in good condition and is now a val-uable book.

II."Treasurer's Register"
Just inside of the front cover of the "Treasurer's Register" is past-ed a piece of paper on which is a copy of Sec. 5th of the Bye-laws describing the powers and duties of the treasurer of the board of Trustees. The original charter of the University provided that the board of trustees was to 'have the power to enact ordinances and bylaws for the government of the institution, but this copy of Sec. 5 is the only example of such that I have been able to find so far.

"Resolved that all notes for cash be taken payable to the Trustees in 4-8, and 12 months from the 3d Feb. last and all Subscriptions for work or materials be made for the work to be rendered and the materials furnished on demand,–Sec. 5th of Byelaws-; That on the aforesaid day in each year the Board of Trustees shall be to demand receive and receipt for in the name of the Trustees in their corporate name, and to take bills of Sale for and receive all personal property purchased by or donated to the said board, he shall pay out of any monies in his hands as Treasurer that shall not have been otherwise by the said board appropriated any sum or sums of money required to be paid and for which an order or draft signed by the president of the board and attested and sealed by the Secretary shall be his sufficient warrant, and it shall be his duty on the second Monday of the Months of May, August, and November to file with the Secretary a Schedule of his receipts and expenditures, and on the day of the annual elections to submit to the Boards a full report of his proceedings with his vouchers which shall be recorded with the day's proceedings, by the Secretary. He shall cause all deeds or any color of title for land belonging to said corporate body to be recorded in the county where the land may be situated, first having registered the same in a book to be kept for that purpose. He shall give good and sufficient bond in the sum of ten thousand dollars for the faithful performance of his trust said bond to be approved by a majority of the board of Trustees and be. recorded by the Secretary and filed with the president."

Opposite is the index to the "Treasurer's Register for Nacogdoches University.

Let us turn first to page 71 to the register of subscriptions re-membering that at the mass meeting held at the court house on Nov. 1st Frost Thorn had appointed a committee to solicit funds for the University. This committee had consisted of Sam M. Flournoy, Rev. John M. Becton, R. E. Wynne, T. Jeff Johnson, Solomon Wolfe, and Win. K. English. But according to this list of subscriptions given on page 71 of the "Treasurer's Register" a number of subscriptions were made before the mass meeting was held. The date of the first subscription is give as Oct. 27, 1844 and the subscription was made by a woman, Mrs. Ann Terrell, for $1.00 in cash. Most of the subscrip-tions were for land, though a considerable amount of cash was sub-scribed and several subscriptions were made payable in work, mater-ials or property. From October 27, 1844 to October 31, 1844 the following subscriptions to the University were secured and were paid on February 3, 1845, the date of the ratification of the charter:

Register of the subscriptions to the Nacogdoches University.

This makes a total subscriptions of 19,142 acres of land valued at fifty cents an acre, $1,361.00 in cash and $535.00 in work, pork or materials, but as some later declined payment of their pledges the account was closed with a few of the subscriptions unpaid. In addi-tion to the lands donated by individuals were 16 certificates, each for one quarter of a league of unlocated, land August 12th, 1845, and numbered from 1 to 16 inclusive, or 17,712 acres of land also valued at fifty cents an acre. These certificates were for the land granted in the charter by the Republic of Texas based on the earlier Mexican grant which has been mentioned previously. So the Univer-sity should have had 36,854 acres of land valued at $18,427, but turning to the. "Treasurer's Register" again we find that the board of Trustees actually received deed to only 29,546 acres of this land, and that about $285.00 of the cash subscribed was never paid, and some of the subscriptions for work or materials were never collected or used. The lands donated and granted to the University were located in the following counties: Anderson, Colorado, Henderson, Houston, Hopkins, Nacogdoches, Rusk, Travis, Van Zandt, Walker, and Wood. Most of the lands from the government grant were located in Hopkins county, but several thousand acres were located in Wood and Travis counties.

Disposition Made of These Funds
The first session of the University was opened the first Monday in September in 1845, in the "Red House," at that time one of the two most prominent buildings in Nacogdoches. The "Red House" was located on Pilar Street in the block just west of the Public Square and south of the Church Square. It is said to have built by Piedras in 1828 and to have been used as his headquarters until his expul-sion in 1832. After the revolution the property was seized and sold at sheriff sale in 1838 to the highest bidder who happened to be Thomas J. Rusk. General Rusk made his first home in Texas and resided there until he sold the place to Judge Bennett Blake, Febru-ary 10, 1843.

This building was rented from Judge Bennett Blake from Septem-ber 1, 1845 to September 1, 1846 for the consideration of $400.00 by a contract entered into between Thomas J. Rusk, David Muckleroy and W. W. Wingfield, a committee on the part of the trustees, and Judge Blake dated June 19, 1845. The money for the rent of these premises was raised by a special subscription as listed on page 70 of the "Treasurer's Register".

1845.
Special subscription for rent of house and premises from Ben-nett Blake for year ending Sept. 1, 1846-;payable one fourth June 10, '45-;one fourth Oct. 10, 1845-;One fourth Feb. 10, 1846 and one fourth on the 10th May 1846: as follows:

The next year, on August 14, 1846, the Trustees of Nacogdoches University purchased the "Red House" and lot from Judge Bennett Blake for a consideration of $3,000.00 which was paid as follows: on July 14, 1846 Charles S. Taylor and J. H. Starr, a committee on the part of the trustees, transferred to Benett Blake notes for $1,499.63 in part payment for the University building. The balance was paid in lands.

The following and described Lands was by the Trustees of Nacogdoches University by its President and Secretary conveyed to Bennett Blake according to a resolution of that body on the _____day of 1847 as in part payment of the college Premises, to Wit:
640 acres to be taken in a square form out of the North East corner of the Grant to Jose de los Santos Coy and conveyed to the Trustees of Nacogdoches University by John S. Roberts by deed dated Febry. 7th 1846 640 acres.

640 acres to be taken in a square form out of the South East corner of the Grant to Jose de los Santos Coy. & conveyed to the Trustees of Nacogdoches University by deed dated February 7th,1846.

1128 acres to be taken off East end of the West half of the Grant to George May by G. A. Nixon Comr on the 20th day of June 1835 and situated in Rusk County on the waters of the Angelina, divided by a line running north and south the same being a part which was conveyed to said University by Frost Thorn 1128 acres.

1476 acres of Land (in two tracts) situated in Henderson County and surveyed by D. O. Norton surveyor, said two tracts was sur-veyed by virtue of certificate No. 649 to J. B. Stovall. The same be-ing which was conveyed to said University by J. H. Starr. 1476 acres.

1476 acres of Land granted to Adolphus Sterne assignee of Johs D. Wolf in situated in Cherokee County and being the same which was conveyed to said University by Charles S. Taylor. 1476 acres.

640 acres of Land in a square form in the North West Corner of a League of Land granted to Isaac Kneeland situated in Henderson County, being the same which was conveyed to said Trustees by Win. Hart. 640 acres.

6000 acres.

The building thus purchased was used by the University until about 1852 when the property was sold to James V. Robinson and the University was housed temporarily in a building across the street until the fall session of 1855. At that time it was moved to a building on Hospital Street about where the present Methodist personage now stands. This house was purchased from William Clark and remodeled. The partitions of the first floor were removed and classes were held there. The second floor was used as a dormitory for the boarding students.

"The Trustees of the University seem to have regarded the location on Hospital Street as a temporary location merely, and during the entire period of its location there they were laying plans for broad-ening the scope and influence of the institution. In fact, in May, 1855, before the purchase of the property on Hospital Street, three men, J. R. Arnold, H. H. Edwards, and C. S. Taylor, deeded to Win. Clark, mayor of the town, a tract of twenty and one-half acres of land, the deed being made to the town, and the consideration being one dollar." The land, however, was not transferred from Clark to the trustees until April 12, 1859. This tract of land became known as Washington Square and was the site of the permanent building of the University.

It is traditionally stated in Nacogdoches that the building was erected in 1856 by a Mr. Howard of Henderson, but according to the "Treasurer's Register", page 52, on "Jan. 12, 1858-;The Trustees contracted with John H. Cato for the erecting and finishing of the first building for the College of brick, per plan and specifications for the following consideration to be paid by the Trustees-;to wit:

The last two payments bearing interest at the rate of ten per cent per annum from Jany. 1, 1860, at which time the building was to be delivered.

10,500.00

Cato failed to complete the building and his contract was carried out by J. H. Muckleroy. The actual cost of the building including the interest on the warrants gives Muckleroy was $11,289.15, the last pay-ment being made Sept. 16, 1867.

"The new building was a two-story brick structure with lofty columns in front. It contained eight large rooms, and was well lighted and ventilated. The funds for the erection of the building were obtained from the sale of four leagues of land granted to the University by the terms of the charter and from the sale of other lands granted by public spirited citizens who were interested in education. The house is still standing; it is now on the public school campus, and is still used as a school building."

When the trustees concluded to erect the first College building they borrowed $2,000.00 on notes all dated Feb. 1, 1858 and due at three, four and five years bearing interest at the rate of eight per cent per annum. The amount was subscribed by twenty-six men.

Later the notes were donated in payment of their subscriptions to the female academy by the following nineteen men:

Donations to Female Academy

June 18, 1860: The Trustees contracted with Bernard Whitkorn for the erection and completion of a building for a Female Department as per plan and specification-of wood-for the following consideration-to wit:

The last payment to bear 10 per cent per annum interest from the time of completing house.

Again the actual cost of the building was more, due to the inability of the Trustees to meet the last three warrants issued for the pay-ments on the building. The last warrant was issued Jan. 18, 1862.

So, evidently, the building was completed in January, 1861. But the warrant were not paid until Jan. 18, 1868. The interest on these warrants 'brought the total cost of the building to $5189.77. And the building had been burned down in 1866 while Federal soldiers were occupying it.

About the time that the new buildings were completed two free scholarships, either in the male or female departments, were established by the Members of the Nacogdoches Division No. 3 Sons of Temperance:

Feb. 3, 1860. "Whereas the Members of Nacogdoches Division No. 3 Sons of Temperance have petitioned the Division in view of its present condition of suspended usefulness to transfer its Hall and lot to the Trustees of Nacogdoches University for school purposes, and the division being of the opinion that such a disposition of said property will best promote the public interests. Therefore Resolved that the worthy Patriarch James H. Starr and Recording Scribe James R. Arnold do make to the Trustees of said University a deed for said lot and Hall with the furniture and Bible belonging to the same. Transfer being accomplished with the under-standing that said Trustees shall establish two free Scholarships in said institution either in the male or female department or both in consideration of such transfer. Such Scholarships to be per-petual. The Students to be selected by the Trustees. Said Trustees having also the privilege of suspending said Scholarships for limited periods in case they should deem it best to do so, and a deed thus executed shall pass fully the title to said property."

The lot is described as being "bounded–North by Hospital Street. West by a line parallel with North Street and ten feet West of the great Pecan Tree which was boundary agreed upon between Amory and Ephraim Coon for the East boundary of said Coon's lot, now b-longing to and occupied by Albert A. Nelson. The gift of this lot is recorded in the Register of town lots held by the Trustees of Nacogdoches University, but it was sold Nov. 3, 1860 to the M. E. Church South and a town lot conveyed by the Trustees of the M. E. Church South to the Trustees of Nacogdoches University was sold to F. Rusche for his warrant for repairing the school house in 1861. The property owned on Hospital Street was sold to Meggie L. Orton, January 30, 1871. So that the only property owned in the town of Nacogdoches after 1874, the date of the last entry in the "Treasurer's Register", was that property known as Washington Square.

At the close of the session of 1860 the school was not paying its way. James H. Starr, treasurer, records that on Oct. 6, 1860, under authority of the Trustees, to meet the liabilities to the teachers and on account of the contract to B. Whitkorn he borrowed $2751.00 bearing interest at 10 per cent per annum from date till paid. And at the close of the session in 1861 the Trustees do not seem to have had the money to pay the teachers again as warrants were given to Prof. W. S. Alexander and three other teachers.

After 1861 no further debts seem to have incurred during the period of the war. There are reports made by the treasurer in 1863 and 1865. In 1867 the treasurer reported the indebtedness of the Trus-tees as follows: Principal $4922.41, Int. $2837.74, Total $7762.15. Lands were sold to meet this indebtedness to that in 1868 a balance of only 4230.80 remained unpaid. At the close of the register in 1874 the Trustees still owned the block of land in town of Nacogdoches known as Washington Square and the University building and

934 acres of land in Nacogdoches County

640 acres of land in Van Zandt County

965 acres of land in Rusk County

1107 acres of land in Anderson County

3646

II. Conclusion
In 1912 the men were members of the board of trustees when the charter expired January 1, 1900, John Schmidt, E. A. Blount, W. U. Perkins, F. C. Ford, Geo. Matthews, Jesse H. Summers, T. B. Hardeman, J. H. Thomas, D. K. Cason, John Orton, L. Zeve and J. C. Harris, petitioned the Court for power to dispose of the then remaining property of the Nacogdoches University. Judge Perkins appointed the men named above and S. W. Blount with full power to take charge of, sell and convey or otherwise dispose of any property belonging to the institution. Of this board John Schmidt was made chairman, S. W. Blount, secretary, and J. H. Thomas, treasurer. The property was sold and the proceeds used to improve the campus. So Nacogdoches University passed out of existence.

In our present understanding of the term school was never really a university. It was a preparatory school although some college subjects were included in the curriculum. But it does give evidence of the desire of its founders and supporters to give their children the advantage of the best education possible. Whether it be because the Nacogdoches University was here or because the people of Nacogdoches are descendants of its founders carrying on the ideals and traditions of their fathers, it is true that there is an unusually large number of college people in Nacogdoches for a place of its size. They are justly proud of the fact that in 1925 one hundred percent of the class graduating from the 'high school went to college in the fall. Most of these boys and girls had attended classes in the old University building. All had played in its shadow. It is true that the people of Nacogdoches of today followed in the footsteps of their fathers and secured for their children and their community a college only a few years after the old Nacogdoches University had ceased to exist.

The Nacogdoches University has ceased to exist, but the university tradition remains permanently fixed in the hearts of the people.