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Wilcox 7-29-9[0?] [File in?] Archives before 1858 M[r?] Armfield [Telfair Hodgson? vc?]
An Act to Establish the University of the South.
WHEREAS sundry citizens of the States of Tennessee, Arkansas, Georgia, North Carolina, South Carolina, Alabama, Louisiana, Texas, Mississippi, and Florida, contemplate establishing a University, to be located in the State of Tennessee, at a place which shall be conveniently accessible to the citizens of said States, which University is to be under the control and government of the PROTESTANT EPISCOPAL CHURCH, subject to such rules, regulations, and restrictions, as are hereinafter set forth.
AND, WHEREAS the security of society, the supremacy of the law, the preservation of liberty, regulated by law, the perpetuity of our institutions, and of the Union—all are at least dependent upon the prevalence of intelligence of the people, and sound moral sense among them.
AND, WHEREAS, it is the interest of the State, and, indeed, of every State, to encourage the erection of seminaries of learning; therefore,
SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That James H. Otey, David Pise, Francis B. Fogg, John Armfield, Thomas Atkinson, M. Ashley Curtis, Thomas Ruffin, Thomas D. Warren, Thomas F. Davis, Alexander Gregg, J. L. Manning, Wm. Allston Pringle, N. H. Cobb, Henry C. Lay, C.T. Pollard, L. H. Anderson, Wm. M. Green, W. W. Lord, George S. Yerger, Eugene Hinton, Leonidas Polk, W. T. Leacock, George S. Guion, William N. Mercer, J. W. Dunn, E. B. Nichols, J. E. Nicholson, Francis H. Rutledge, G. C. Fairbanks, George Whitfield, J. J. Scott, and such other person or persons as may hereafter be appointed Trustees of said University, in pursuance of the Constitution and By-Laws thereof be, and they and their successors are hereby constituted a body corporate and politic, in fact and in name, by the name of "THE UNIVERSITY OF THE SOUTH," and by that name shall have perpetual succession, and a common seal ; and shall be capable in law of suing and being sued, and shall have power to purchase, receive by donation, or otherwise, and to possess, hold, alien, and dispose of property of all kinds and descriptions, to be held in fee simple, or otherwise, subject, nevertheless, to such restrictions and conditions as are contained in this Charter.
SECTION 2. Be it further enacted, That said Trustees shall have power to assemble at such time and place as may be designated by the President of the Board, for the purpose of organizing said Institution, and of forming a Constitution for the government of said University. A majority of said Trustees shall constitute a quorum for such putpose [sic]. Said Trustees shall have power in, and by said Constitution to designate how, by whom, and in what way the said University shall be governed; and said Constitution when adopted may be altered or amended in such manner, as may be provided for in said Constitution. Said Board shall keep a minute of their proceedings.
SECTION 3. Be it further enacted, That said Board shall meet at least once a year at the University, when the buildings are erected, but they may be called together in extra session in such manner as may be provided for in said Constitution, or by the By-Laws of said Institution.
SECTION 4. Be it further enacted, That said Trustees shall have power to appoint Committees, all the members of which shall not be required to belong to the Board of Trustees, to perform duties which may be delegated to them by said Trustees.
Section 5. Be it further enacted, That all subscriptions, donations, devises, or bequests, made upon the faith of the terms, conditions, or stipulations set forth in the Constitution of said University shall be governed thereby, and the subsequent change or alteration of said Constitution shall not have the effect to alter the terms, conditions, or stipulations of said subscription, donation, bequest, or devise.
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SECTION 6. Be it further enacted, That said Trustees shall appoint a President, and shall have power from time to time to make By-Laws and Ordinances for the government of said University not inconsistent with the Constitution thereof, and for the appointment of Professors and other officers, and for regulating the duties and conduct of the Officers, Professors, and Students, fixing the salaries of the Officers, etc., etc.: Provided, the same not be inconsistent with the Constitution and Laws of this State, or of the United States.
SECTION 7. Be it further enacted, That upon the death, resignation, or removal of any of said Trustees, the vacancy occasioned thereby shall be supplied in the manner provided in the Constitution.
SECTION 8. Be it further enacted, That said University shall have full power to establish Literary and Scientific Departments, and those of Law, Theology, and Medical Science, and such other Departments as said University may see proper, and to confer upon Students, or any other person, the Degrees of Bachelor of Arts, Master of Arts, or any Degree known and used in any College or University, and shall enjoy all other powers and immunities incident to Corporations of this description.
SECTION 9. Be it further enacted, That said University shall be established and located at Sewanee, on the Cumberland Mountain, in or near Franklin county, or at any other point that the Board of Trustees may hereafter designate in the State of Tennessee, the site to be selected by said Trustees, or by such person or persons as they may appoint; which site shall continue until changed by the Trustees according to the provisions of the Constitution.
SECTION 10. Be it further enacted, That said University may hold and possess as much land as may be necessary for the buildings, and to such an extent as may be sufficient to protect said Institution, and the students thereof, from the intrusion of evil-minded persons who may settle near said Institution. Said land, however, not to exceed ten thousand acres. One thousand acres of which, including buildings and other effects, and property of said corporation, shall be exempt from taxation so long as said lands belong to said University.
SECTION 11. Be it further enacted, That no misnomer or misdescription of said Corporation in any deed, will, gift, grant, devise, or other instrument of contract, or conveyance, shall abate or defeat same, but that the same shall take effect in like manner as if the said Corporation were regularly named: Provided it be sufficiently described to ascertain the intention of the parties.
SECTION 12. Be it further enacted, That this Act be, and the same is hereby declared to be a Public Act.
SECTION 13. Be it further enacted, That this Act take effect from, and after its passage.
DANIEL S. DONELSON, Speaker of the House of Representatives. JOHN C. BURCH, Speaker of the Senate.
Passed January 6, 1858.
I, F. N. W. Burton, Secretary of State, do hereby certify that the foregoing is a true and correct copy from the original Act on file in my office.
{State Seal} IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the great seal of the State, this 15th day of January, 1858.
F. N. W. BURTON, Secretary of State.