William R. Davie's Bill to Establish the University of North
Carolina, [November 12, 1789]
A Bill 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 endeavour to fit
them for an honourable discharge of the social duties of life, by paying the
strictest attention to their education of their
youth
And whereas an University supported by permanent funds and well endowed would
have the most direct tendency to answer the above purpose —
Be it therefore enacted by the General Assembly of the State of North
Carolina & it is hereby enacted by the authority of the same
that —[300](note1) 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 app[ly]
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 Hereditiments, 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.
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 for ever 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 subscription and in general they shall and may do all such things as
are usually done by bodies corporate & politic or Such as may be
necessary for the promotion of Learning and Virtue.
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 Wake Court House on the 1st. day of July and
afterwards shall meet on their own adjournments, that at their first meeting
there shall be at least fifteen of the Trustees present in Order to
and they shall immediately open a Subscription for the purpose of establishing a
fund for the use and support of the said University
and that all persons who shall subscribe the Sum of ten
pounds payable in ten years at the rate of twenty shillings annually his, or
her Children shall be entitled to have their
tuition at the said University free from any charge for the same
and the guardian of any Orphan is hereby authorised to subscribe the same
Sum payable in the same manner for and in behalf of his or her Ward and such
Wards shall for himself and his Children be entitled to the Same privilege
and exemption
[600](note2)
And be it further enacted by the authority aforesaid that the Trustees
shall elect and commissionate 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 faithfull 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 & 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 chargable 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.
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 authorized & 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 the said University Six
Pr. 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 approperate 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 for ever
[500](note3)
Courts as may happen within that time.
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 whome 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 the 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 confering all Such degrees or Marks of literary distinction as are
usually conferred in Collages or Universities
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. And be it further
enacted that the Public Hall, the library, and four of the Colages 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 respected donations. And a Book Shall be kept in the library of
the University in which Shall be fairly entered the Names &
place of residence of every Benefactor to this Seminary in Order that posterity
may be informed to whome they are indebted for the Measure of learning and good
morals that may prevail in the State.
Samuel Johnston, James Iredell, Charles Johnston, Hugh Williamson, Stephen Cabarrus, Richard Dobbs
Spaight, William
Blount, Benjamin Williams, John
Sitgreaves, Frederick
Hargett,
Timothy Bloodworth
Robert W Sneed, Archibald McClaine, Honorable Samuel Ashe, Robert Dixon, Benjamin Smith, the Honorable Samuel Spencer, John Hay, James Hogg, Henry William Harrington, William Barry Grove, the
Reverend Samuel McCorkle, Adlai Osborne, John Stokes, John Hamilton, Joseph
Graham, the Honorable 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 Leonoir, Joseph McDowall, James Holland, and William Porter esquires
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 & Secretary & 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 Treasurer 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 notices 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 appropriation of monies, but in
case of the death or resignation of the president or any professor, the
trustees thus convened may supply the place untill the next
annual meeting of the board of trustees and no longer [blank space]
and the meeting at which the Seat of the
sd
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 the sd meeting
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 lawfull for the remaining
trustees or a Majority 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 trusts and authoritys, as the Trustees are by
virtue of this Act.[000](note4)
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 Lands 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.
provided nevertheless that the Trustee or trustees so
appointed shall reside in the Superior Court District where the person or
persons resided, in whose room he or they shall be so elected