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Act of the North Carolina General Assembly concerning Queen's College
North Carolina. General Assembly
January 15, 1771
Volume 08, Pages 486-490

[B. P. R. O. B. T. Acts N. Carolina. Vol. 6.]
An Act for founding establishing and endowing of Queen's College in the Town of Charlotte in Mecklenburg County.

Whereas the proper education of Youth has always been considered as the most certain source of tranquility, happiness and improvement both of private families and of States and Empires and there being no Institution or Seminary of Learning established in this Province, whither the rising generation may repair, after having acquired at a Grammar School a competent knowledge of

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the Greek, Hebrew and Latin Languages to imbibe the principles of Science and virtue and to obtain under learned, pious and exemplary teachers in a collegiate or academic mode of instruction a regular and finished education in order to qualify them for the service of their friends and Country, and whereas several Grammar schools have been long taught in the western parts of this Government, in which many students have made very considerable progress in the languages and other literary attainments, and it being thought by many pious, learned and public-spirited persons that great and singular benefits & advantages would be derived to the Publick, could some one of them receive the encouragement and sanction of a Law, for the Establishment thereof on a lasting & permanent basis, wherefore Be it enacted by the Governor, Council and Assembly and by the authority of the same that Messrs. Edmund Fanning, Thomas Polk, Robert Harris, Junior, Abraham Alexander, Hezekiah Alexander, John McNitt Alexander, Ezekiel Polk, Thomas Neal, Wm Richardson, Hezekiah T. Balch, Joseph Alexander, Waitstell Avery, Henry Patillo and Abner Nash, be and they are hereby formed and incorporated into a Body Politic or Corporate, by the name of the Fellows and Trustees of the incorporated Society, for founding establishing and endowing Queens College in Charlotte Town and by that name to have perpetual succession and a Common Seal, and that they and their Successors by the Name aforesaid shall be able and capable in Law to purchase, have receive enjoy possess and retain to them and their Successors for ever, in special trust and confidence to and for the uses and purposes of founding establishing & endowing the said College, and supporting a President of the same and the number of three or less tutors, any Lands, Rents, Tenements and Heriditaments of what kind nature or quality whatsoever and also to sell, grant, demise, alien or dispose of the same, and also receive and take any charity, gift or donation, whatsoever to the said College and by the same name to sue implead be sued and impleaded, answer and be answered in all Courts of Record whatsoever.

And be it further enacted by the Authority aforesaid that Edmund Fanning, Thomas Polk, Robert Harris Junior, Abraham Alexander, Hezekiah Alexander, John McNitt Alexander, Ezekiel Polk, Thomas Neal, Wm Richardson, Hezekiah Balch, Joseph Alexander, Waitsell Avery, Henry Patillo & Abner Nash, Trustees and Fellows or a majority of them are hereby authorized, required and directed to meet at the Grammar school in the County of Mecklenburg aforesaid on the 1st day

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of March next after the passing of this Act then and there to elect, nominate, constitute and appoint by commission in writing under their hands sealed with the common seal of the said College, some learned, pious, exemplary and discreet person to be President of the said College and in like manner three or a less number of Tutors duly qualified for instructing & educating of the students of the said College and from time to time thereafter at the said School until the College shall be erected in the Town of Charlotte aforesaid and then in the Hall of the said College to convene & meet together and under their common Seal to make such Rules, Regulations & Ordinances for the admission or dismission of the President and Tutors of said College and for ascertaining the time of the admission of students or members and also the time of their continuance at College before they shall be entituled to receive the degree of Batchelor and Master of Arts, which said degrees the President of said College for the time being is hereby authorized & empowered to confer at the Public commencement on such as may be thought deserving of receiving the honours of the said Seminary of Learning and in Testimony thereof to give and deliver to the said Student so graduated a diploma under the Seal of the said College and signed by the President and a majority of the said fellows and Trustees. Also for directing the mode of Instruction and the course of studies to be pursued by the several classes, and for the better regulating and well ordering the Morals, Studies and Collegiate exercises of the Students & Members of the said College as to them shall seem requisite and necessary and best calculated to answer the good purposes hereby intended provided always that the said rules and ordinances correspond and be as near as may be agreeable to the Laws & Customs of the Universities of Oxford & Cambridge or those of the Colleges in America.

And provided further that no person shall be admitted to be President of the said College but who is of the Established Church and who upon being nominated & appointed by the Fellows and Trustees as aforesaid or the majority of them shall be duly licenced by the Governor or Commander in Chief for the time being.

And be it further enacted by the authority aforesaid that the said fellows and Trustees before they be deemed qualified to enter on the execution of the Trust reposed in them by this Act do before some Magistrate, take the several Oaths of Government, subscribe the Test, and also take the following Oath to wit,

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I, A. B. do swear that I will duly and faithfully to the best of my skill and ability execute and discharge the several Trust, Power and Authorities wherewith I am invested by an Act of Assembly, for founding, establishing and endowing of a College in Charlotte and that in all things for the well ordering and Government thereof I will do equal and impartial Justice to the best of my Knowledge, So help me God.

And be it further enacted by the authority aforesaid, that the said Fellows and Trustees or a majority of them after their qualification as aforesaid shall meet at the School House the first day of March next after the passing hereof, to nominate and elect out of their number a fit and proper person to be Treasurer to the said Society, which Treasurer shall be annually elected on the first Tuesday in March, into whose hands shall be paid all moneys of or belonging to the said School, he first giving Bond and security in the sum of three thousand pounds Proclamation money to the first in nomination of his Brother Fellows and Trustees for the faithful discharge of his Office and the Trust reposed in him, and that the said Treasurer shall annually on the said first Tuesday in March settle his Accounts with the Fellows and Trustees of all disbursements, donations, gifts, bequests, or other charities that may belong or accrue to the said College the preceding year, and upon the said Treasurer's neglect or refusal to settle and pay over to the succeeding Treasurer what money may be in his hands belonging to the said Society the same method of recovery may be had against him as is provided for the recovery of monies from Sheriffs or other persons chargeable with publick monies.

And whereas it will be necessary that a Successor of the Fellows and Trustees should be kept up, be it enacted by the authority aforesaid, that on the death, refusal to qualify or removal out of the Province of the said Fellows and Trustees the remaining Fellows and Trustees, or a majority of them, shall elect, nominate and appoint by commission under the seal of the said College, signed by the said Fellows and Trustees, or a majority of them, other Fellows and Trustees in the room and stead of those dead, removed out of the Province or refusing to act, which Fellows and Trustees so elected, nominated and appointed shall be vested with the same Trusts, Powers and authorities as other Fellows and Trustees, He or they first taking the several Oaths by this Act directed for his or their qualification.

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And the said Fellows and Trustees being desirous that some certain revenue be raised for founding, establishing and endowing the said College, Be it enacted by the authority afore said, that a duty of six pence per gallon on all rum or other spirituous liquors brought into and disposed of in Mecklenburg County be paid for and during the space of ten years from and after the passing of this Act, by the owners and carriers thereof, for and towards raising a fund for the purposes aforesaid, which said duty shall be collected, accounted for and paid to the Treasurer of the said College in the same manner and under the same Penalties and Restrictions as other duties on spirituous liquors are now paid and collected by Law.

WILLIAM TRYON.
JAMES HASELL, President.
RICHARD CASWELL, Speaker.

Read three times and ratified in open Assembly this 15th day of January 1771.