Most universities have developed from a college; the University of Maryland differs from them, for it originated in a medical school.[[11]]
In 1802 Dr. John B. Davidge of Baltimore began a private class in Medicine and was so successful in it, that, in 1807, he associated with himself Drs. James Cocke and John Shaw and these three obtained from the Legislature a charter for the school, under the name of "the College of Medicine of Maryland."[[12]] There was made a close connection between the College of Medicine and the State "Medical and Chirurgical Faculty," and its board of medical examiners were made ex-officio members of the Board of Trustees of the College. The Legislature also granted the college a lottery of $40,000.[[13]]
Lectures, which had been carried on at the professors' houses, were begun in 1808, at a building on the corner of Fayette (Chatham) street and McClellan's alley, and the first class, consisting of five, received its degrees in 1810. As the school grew and nourished, the ideas of its founders become more extensive and, in 1812, a long act was passed,[[14]] authorizing "the college for the promotion of medical knowledge" "to constitute, appoint, and annex to itself the other three colleges or faculties, viz.: The Faculty of Divinity, the Faculty of Law, and the Faculty of the Arts and Sciences; and that the four faculties or colleges thus united, shall be and they are hereby constituted an university, by the name and under the title of the University of Maryland." The connection with the Medical and Chirurgical Faculty was severed and the members of the four faculties, under the name of the Regents of the University of Maryland, were to have full powers over the University and be permitted to hold property not exceeding $100,000 in yearly value.
Each faculty was allowed to appoint its own professors and lecturers, to choose a dean, and to exercise such powers as the regents shall delegate. The Faculty of Physic was to be composed of the professors in the Medical College; that of Theology, of the professor of Theology and any "six ordained ministers of any religious society or denomination;" that of Law, of the professor of Law, "together with six qualified members of the bar;" that of the Arts and Sciences, of the professors in that department, "together with three of the principals of any three academies or Colleges of the State." Such a strangely formed and loosely united body could not succeed, as a more homogeneous and closely compacted one would have done.
The university was founded "on the most liberal plan, for the benefit of students of every country and every religious denomination, who shall be freely admitted to equal privileges and advantages of education, and to all the honors of the university, according to their merit, without requiring or enforcing any religious or civil test, urging their attendance upon any particular plan of religious worship or service." With these broad powers and provisions,[[15]] "the Faculty of Phisick, late of the College of Medicine of Maryland, *** convened and, by the authority vested in it by said charter and with the advice and recommendations of learned men of the several professions of Divinity, Law, and the Arts and Sciences, proceeded to annex to itself the other three faculties." On April 22, 1813, the Hon. Robert Smith, formerly United States Secretary of State, was chosen the first provost, and the organization of the regents was completed.[[16]] A lottery of $30,000 was granted the University in 1814, and another of $100,000 in 1817.[[17]] From the proceeds of these lotteries and other sources was built the building of the medical department on the corner of Lombard and Greene streets. It was modelled on the Pantheon at Rome, and, when built, is said to have been without an equal in America. The medical school grew extremely fast; a loan of $30,000 from the State in 1822[[18]] enabled it to build a practice hall and purchase a fine collection for its museum, and the University hospital across the street was opened in 1823. In 1824 the number of students in attendance on lectures amounted to 320. The other faculties took no active steps for some time and, not until 1819, did the regents urge them to proceed to deliver lectures as soon as possible and to lay before the regents annually a report as to their progress and condition. In 1823, possibly on account of this vote. Prof. David Hoffman began the instruction in the Faculty of Law, his school being known as the "Maryland Law Institute." He published part of his lecture notes in a book called Legal Outlines and continued lecturing about ten years. After his withdrawal, the law school was given up; but the organization of the faculty was still maintained.
The Faculty of Theology reported in 1852 "no active organization of the faculty has ever been attempted and, in view of the character of the department contemplated by the charter, none seems desirable." Its only activity was a course or two of lectures on the Evidences of Christianity, delivered before the medical students about 1823 by the Rev. William E. Wyatt, Professor of Theology. A nominal organization of the faculty was kept up, however, until 1878.
The prosperity of the medical department was destroyed by the effort of some of its professors, discontented with being prohibited from having private classes, to have the Legislature do away with the regents and replace them with a board of trustees, in whom should vest the property. As early as November 12, 1824, the Regents feared trouble and obtained from William Wirt, John Purviance and Daniel Webster, a legal opinion that their position was inexpugnable. With this conclusion the Legislature did not agree, and on March 6, 1862, an act was passed abolishing the Regents and appointing a Board of twenty-one Trustees in their place.[[19]]
The Trustees, by decree of the courts, obtained control of the property and forced the professors to accept them as the legal authority. So matters went on for twelve years, until in 1837, the trustees appointed a professor personally objectionable to some of the others, who resigned their positions under the Trustees and opened a separate medical school in the Indian Queen Hotel at the corner of Baltimore and Hanover Streets. Few out-of-town students attended either school, for the quarrel frightened them away, and the Baltimore students largely attended the Regents' school. Feeling ran high at one time, the Regents took possession of the University buildings by force, and bloodshed was feared.
The Board of Regents reorganized with Ashton Alexander, M.D., as Provost, and employed distinguished counsel to plead the case for them in the courts. The Legislature authorized the Court of Appeals to try the suit, and Maryland's Dartmouth College Case was decided in June, 1838, entirely in favor of the Regents. The court held that the act of 1825 was void, since it was "a judicial act, a sentence that condemned without a hearing. The Legislature has no right, without the assent of a Corporation, to alter its charter, or take from it any of its franchises or property." The Trustees would not yield at once and, in March, 1839, presented a petition to the Legislature, praying it not to pass an act requiring them to give up the property to the Regents. The memorial was referred to a joint committee, which reported a bill restoring the property to the Regents. The bill was enacted and the Regents have since ruled. During the supremacy of the Trustees, the Faculty of the Arts and Sciences was organized. They contemplated activity in 1821, and issued a circular, which drew down on them the wrath of Professor Hoffman, inasmuch as they "contemplated 'academic' instruction" not intended by the charter. The founders, he said, intended that instruction should be conveyed by lectures and that no other form of instruction should be allowed. The discussion which followed seems to show that he had the idea of having work carried on, like that done by graduate students to-day.
But nothing was done, apparently, until Baltimore College was annexed in 1830. That institution was chartered on January 7, 1804,[[20]] and was the development of an academy kept by James Priestley, the first president, on Paul's Lane (St. Paul Street). "It was hoped that it would, together with the other valuable seminaries of education in the same city and in the State, become adequate to the wants and wishes of our citizens," and from the proceeds of a lottery, the grant of which was an easy way for a State to be benevolent, a plain but convenient building was erected on Mulberry street.[[21]]