CHAP. XX
An Act to establish a University in this State.
WHEREAS in all well-regulated governments it is the indispensable duty of
every Legislature to consult the happiness of a rising generation, and
endeavor to fit them for an honorable discharge of the social duties of
life, by paying the strictest attention to their education: And whereas an
university supported by permanent funds, and well endowed, would have the
most direct tendency to answer the above purpose:
Trustees nominated and declared a body politic.
I. Be it therefore enacted by the General
Assembly of the state of North-Carolina, and it is hereby
enacted by the authority of the same, That Samuel Johnston, James
Iredell, Charles Johnson,
Hugh
Williamson, Stephen
Cabarrus, Richard Dobbs Spaight, William Blount, Benjamin
Williams, John Sitgreaves, Frederick Harget, Robert W.
Snead, Archibald
Maclaine, Honourable Samuel Ashe, Robert Dixon, Benjamin Smith,
Honourable Samuel Spencer, John Hay, James Hogg, Henry
William Harrington, William Barry Grove, Reverend
Samuel M'Corkle, Adlai Osborne, John Stokes, John
Hamilton, Joseph Graham, Honourable John Williams,
Thomas
Person, Alfred Moore, Alexander Mebane, Joel Lane, Willie
Jones, Benjamin Hawkins, John Haywood, Senior, John Macon,
William Richardson Davie, Joseph Dixon, William Lenoir,
Joseph
M'Dowall, James Holland and William Porter, Esquires shall be and
they are hereby declared to be a body politic and corporate, to be known and
distinguished by the name of The Trustees of the University of North-Carolina; and by that name shall have
perpetual succession and a common seal; and that they the Trustees and their successors by the name aforesaid, or a majority
of them, shall be able and capable in law to take, demand, receive and
possess all monies, goods and chattels that shall be given them for the use
of the said university, and the same apply according to
the will of the donors, and by gift, purchase or devise to take, have,
receive, possess, enjoy and retain to them and their successors forever, any
lands, rents, tenements and hereditaments, of what kind, nature or quality
soever the same may be, in special trust and confidence that the same or the
profits thereof shall be applied to and for the use and purposes of
establishing and endowing the said university.
Their power, &c.
II. And be it enacted by the authority aforesaid,
That the said Trustees and their successors, or a majority
of them by the name aforesaid, shall be able and capable in law to bargain,
sell, grant, demise, alien or dispose of, and convey and assure to the
purchasers, any such lands, rents, tenements and hereditaments aforesaid,
when the condition of the grant to them, or the will of the devisor, does
not forbid it. And further that they the said Trustees and their
successors forever, or a majority of them, shall be able and capable in law
by the name aforesaid, to sue and implead, be sued and impleaded, answer and
be answered, in all courts of record whatsoever; and they shall have power
to open and receive subscriptions; and in general they shall and may do all
such things as are usually done by bodies corporate and politic, or such as
may be necessary for the promotion of learning and virtue.
Meetings of the Trustees, &c.
III. And be it further enacted by the authority
aforesaid, That the said Trustees, in order to carry the present act
into effect, shall meet at Fayetteville, on the third Monday in the session of
the next General Assembly, at which time they shall
choose a President and Secretary; and shall then fix the time of their next
annual meeting; and at every annual meeting of the Trustees, the members
present, with the President and Tteasurer, shall be a quorum to do any
business, or a majority of the members, without either of those officers,
shall be a quorum; but at their first meeting as above directed there shall
be at least fifteen of the above Trustees present in order to
proceed to business; and the Trustees at their annual meeting may appoint
special meetings within the year; or in case unforeseen accidents shall
render a meeting necessary, the Secretary, by order of the President and any
two of the Trustees signified to him in writing, shall by particular notice
to each Trustee, as well as by an advertisement in the State Gazette,
convene the Trustees at the time proposed by the President; and the members
thus convened shall be a quorum to do any business except the appointment of
a President or Professors in the university, or the disposal
or appropriationof monies; but in case of the
death or resignation of the President or any professor, the Trustees thus convened may supply the place until the next annual
meeting of the Board of Trustees and no longer; and the
meeting at which the seat of the said university shall be fixed,
shall be advertised in the Gazette of this state at least six months, and
notice in manner aforesaid to each of the Trustees of the object of said
meeting.
Appointment & duty of a treasurer, &c.
IV. And be it further enacted by the authority
aforesaid, That the Trustees shall elect and commission some
person to be Treasurer for the said university during the term of
two years; which Treasurer shall enter into bond with sufficient securities
to the Governor for the time being, in the sum of five thousand pounds,
conditioned for the faithful discharge of his office, and the trust reposed
in him; and that all monies and chattels belonging to the said corporation
that shall be in his hands at the expiration of his office, shall then be
immediately paid and delivered into the hands of the succeeding Treasurer:
And every Treasurer shall receive all monies, donations, gifts, bequests and
charities whatsoever that may belong or accrue to the said university during his office, and at the expiration thereof
shall account with the Trustees for the same, and the same pay and
deliver over to the succeeding Treasurer; and on his neglect or refusal to
pay and deliver as aforesaid, the same method of recovery may be had against
him, as is or may be provided for the recovery of monies from Sheriffs or
other persons chargeable with public monies: And the Treasurer of the university shall cause annually to be published in the State
Gazette, for the satisfaction of the subscribers and benefactors, a list of
all monies and other things by him received for the said university, either by subscription, legacy, donation or
otherwise, under the penalty of one hundred pounds, to be recovered at the
suit of the Attorney General, in the name of the Governor for the time
being, in any court of record having cognizance thereof; and the monies
arising from such penalties shall be appropriated to the use of the said
university.
Monies to be paid to the state treasurer, &c.
V. Be it further enacted by the authority aforesaid,
That all monies received by the Treasurer of the said university, shall be annually paid by him to the Treasurer of the
state, who is hereby authorised and ordered to give a receipt to the said
Treasurer of the university in behalf of the said Trustees, for all such sums by him received; and the said Treasurer
shall pay annually unto the Treasurer of said university, six per cent interest on all such sums received by him
in the manner aforesaid; which amount of interest paid by the state
Treasurer as aforesaid, shall be allowed to him in the settlement of his
accounts: and the said Trustees shall on no event or pretence
whatsoever, appropriate or make use of the principal of the monies by them
received on subscription, but such principal shall be and remain as a
permanent fund for the use and support of the said university
forever.
Vacancy of trustees how filled, &c.
VI. And be it further enacted by the authority
aforesaid, That on the death, refusal to act, resignation or removal
out of the state, of any of the Trustees for the time being, it shall be
lawful for the remaining Trustees, or any fifteen of them, and they are
hereby authorised and required to elect and appoint one or more Trustees in
the place of such Trustee or Trustees dead, refusing to act, resigned or
removed, which Trustee or Trustees so appointed, shall be vested with the
same powers, trust and authorities as the Trustees are by virtue of this act.
Provided nevertheless, That the Trustee or
Trustees so appointed, shall reside in the superior court district where the
person or persons reside in whose room he or they shall be so elected.
Trustees to fix on the place, &c.
VII. And be it further enacted by the authority
aforesaid, That when the Trustees shall deem the funds of the said
university adequate to the purchase of a
necessary quantity of land and erecting the proper buildings, they shall
direct a meeting of the said Trustees for the purpose of fixing on and
purchasing a healthy and convenient situation, which shall not be situate
within five miles of the permanent seat of government, or any of the places
of holding the courts of law or equity; which meeting shall be advertised at
least six months in some gazette in this state, and at such superior courts
as may happen within that time.
To appoint or remove the president, &c.
VIII. Be it further enacted by the authority
aforesaid, That the Trustees shall have the power of appointing a
President of the university, and such professors and tutors as
to them shall appear necessary and proper, whom they may remove for
misbehaviour, inability or neglect of duty; and they shall have the power to
make all such laws and regulations for the government of the university and preservation of order and good morals therein, as
are usually made in such seminaries, and as to them may appear necessary;
provided the same are not contrary to the
unalienable liberty of a citizen, or to the laws of the state. And the
faculty of the university, that is to say, the President and
professors, by and with the consent of the Trustees, shall have the power
of conferring all such degrees or marks of literary distinction, as are
usually conferred in colleges or universities.
Benefit granted to subscribers.
IX. And be it further enacted by the authority
aforesaid, That every person who within the term of five years shall
subscribe ten pounds towards this university, to be paid within
five years, at five equal annual payments, shall be entitled to have one
student educated at the university free from any expence of
tuition.
To the six largest subscribers.
X. And be it further enacted, That the public hall of
the library and four of the colleges shall be called severally by the names
of one or another of the six persons who shall within four years contribute
the largest sums towards the funds of this university, the highest subscriber or donor having choice in the
order of their respective donations. And a book shall be kept in the library
of the university, in which shall be fairly entered
the names and placesof residence of every
benefactor to this seminary, in order that posterity may be informed to whom
they are indebted for the measure of learning and good morals that may
prevail in the state.