"[Section] I. That the removal of the aforesaid College is hereby ratified and confirmed, and that there be, and is hereby, established at Ashland, in the county of Hanover, in this Commonwealth, a seminary of learning for the instruction of youth in the various branches of science and literature, the useful arts, agriculture, and the learned and foreign languages." The suit which was instituted to enjoin the removal of the College never came to an issue. It was ably defended on the part of the majority of the Board by John Howard, Esq., of Richmond (class of 1844), and the argument was printed. It is worthy of reprinting here, but space will not permit. The second session of the College had a larger attendance than the first by fifty, of which number twenty-five were ministerial students. About the close of the first term of the second session (1869-'70) one of the professors was taken from the College by death--Richard M. Smith, Professor of Natural Science. He was the oldest man of the Faculty. The following preamble and resolutions, drafted by Professor Price and adopted by the Faculty, was endorsed and adopted by the Trustees at an adjourned meeting held in Richmond, February 23, 1870: "Upon us as friends who loved and honored him, upon the College whose faithful officer he was, upon the classes he taught with self-sacrificing zeal, upon the community and the church in which his virtues made him eminent, an overwhelming sorrow has, under God's will, fallen in the death of our late colleague, Professor Richard M. Smith. Even those who had not the pleasure of knowing, from intimate association, the beauties of his private character, may from the knowledge of his career form some conception of the vigor of his mind and the unspotted virtue of his life. For us, who had in him the closer and tenderer interests of a common work and an undisturbed friendship, his sweet temper, his wise conversation and lofty unselfishness, will ever be a source of blended sorrow and consolation; be it, therefore, "_Resolved_, 1. That we tender, as a body, to the widow and family of our dearly beloved colleague, our respectful sympathy in their bereavement. "2. That we request our President to publish this expression of our heart-felt sorrow for the friend whom we have lost." Professor Smith had been a prominent man in his native State, first as an educator, then as editor of the _Alexandria Sentinel_, afterwards of the _Richmond Enquirer_. He was the first Professor to die at his post. [Illustration: PROF. WM. A. SHEPARD, A. M., _Class 1857; Major Confederate States Army._] The Board, after paying tribute to his memory, proceeded to supply the vacant chair.