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Title: William R. Davie's Bill to Establish the University of North Carolina, [November 12, 1789]: Electronic Edition.
Author: Davie, William Richardson, 1756-1820
Funding from the University Library, University of North Carolina at Chapel Hill supported the electronic publication of this title.
Text scanned (OCR) by Brian Dietz
Images scanned by North Carolina State Archives
Text encoded by Sarah Ficke
First Edition, 2005
Size of electronic edition: ca. 25K
Publisher: The University Library, University of North Carolina at Chapel Hill
Chapel Hill, North Carolina
2005
© This work is the property of the University of North Carolina at Chapel Hill. It may be used freely by individuals for research, teaching and personal use as long as this statement of availability is included in the text
The electronic edition is a part of the University of North Carolina at Chapel Hill digital library, Documenting the American South.
Languages used in the text: English
Revision history:
2005-12-02, Sarah Ficke finished TEI/XML encoding.
Source(s):
Title of collection: Archives and Records Section, North Carolina State Archives
Title of document: William R. Davie's Bill to Establish the University of North Carolina, [November 12, 1789]
Author: [William R. Davie]
Description: 13 pages, 14 page images
Note: Call number General Assembly Session Records, Nov.-Dec. 1789, Box 3 (Archives and Records Section, North Carolina State Archives)
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William R. Davie's Bill to Establish the University of North Carolina, [November 12, 1789]
Davie, William Richardson, 1756-1820



Cover page

Page 1
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 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

Page 2
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

Page 3
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

Page 4
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
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

Page 5
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

Page 6
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

Page 7
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

Page 8
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.



Page 300

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


Page 600

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

[600] page
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


Page 500

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
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.


000 page

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