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By the same act the College was made a department of the university of Alabama, and it is provided that, upon a dissolution of the corporation from any cause, all property belonging to it, or held in trust for it, shall go to, & become the property of that University. Private citizens of Mobile contributed large sums of money towards the fitting up of the College, & their claims upon us, to do nothing that will hazard their rights are high.

An acceptance of the lease proposed would unquestionably be a discussion of the College building from the sole & inclusive use benefit, & purposes of said College. It would, moreover, hazard the lap of the property and jeopardize the existence of the College itself. It would be a clear violation of our trust, & that without any excuse whatever; for the faculty are anxious to recommence their lectures as soon as possible after the building is repaired, and the Board of Trustees, is now ready to put upon the building the repairs it stands so much in need of, so soon as it can be applied to the purposes of its erection, repairs I may add, which must cost more than double the amount you propose to expend or pay.

I was further instructed to call your attention to the fact, that the property in question, never was “abandoned” property under the laws of the

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