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By
the REPRESENTATIVES of
the FREEMEN of the STATE
of GEORGIA in General Assembly and by
the AUTHORITY of
the SAME.
An
Act for the more
full and complete Establishment of a public seat of Learning in this
State
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As it
is the distinguishing happiness of free governments that civil Order
should be
the Result of choice and not necessity, and the common wishes of the
People
become the Laws of the Land, their public prosperity and even existence
very
much depends upon suitably forming the minds and morals of their
Citizens. When the Minds of people in
general are
viciously disposed and unprincipled and their Conduct disorderly, a
free
government will be attended with greater Confusions and with Evils more
horrid
than the wild, uncultivated State of Nature. It can only be happy where the public
principles and Opinions are properly directed and their Manners
regulated. This is an influence beyond the
Stretch of
Laws and punishments and can be claimed only by Religion and Education. It should therefore be among the first
objects of those who wish well to the national prosperity to encourage
and
support the principles of Religion and morality, and early to place the
youth
under the forming hand of Society that by instruction they may be
moulded to
the love of Virtue and good Order. Sending
them abroad to other countries for
their education will not answer these purposes, - is too
humiliating an
acknowledgment of the Ignorance or Inferiority of our own, and will
always be
the Cause of so great foreign attachments that upon principles of
policy it is not admissible. This Country in the times of our common danger
and
distress found such
Security in the principles and abilities which wise regulations had
before
established in the minds of our countrymen, that our present happiness
joined
to pleasing prospects should conspire to make us feel ourselves under
the
strongest obligation to form the youth, the rising hope of our Land to
render
the like glorious & essential Services to our country.
And whereas for the great purpose of internal
education, divers allotments of land have, at different times, been
made,
particularly by the Legislature at their Session in July One thousand
seven
hundred and eighty three, and February One thousand seven hundred and
eighty
four, all of which my be comprehended and made the basis of one general
and
complete establishment.
THEREFORE the Representatives of the
Freemen of the State of Georgia
in general
Assembly met this twenty seventh day of January in the Year of our Lord
One
thousand seven hundred & eighty five enact, ordain & declare,
and by
these presents, it is ENACTED ORDAINED and DECLARED.
1st THE
general superintendance
and regulation of the Literature of this State and in particular of the
public
seat of learning, shall be committed and entrusted to the Governor
& Council,
the Speaker of the house of Assembly, and the Chief Justice of the
State for
the time being, who shall, ex officio, compose one board, denominated THE
BOARD OF VISITORS
hereby vested with all the powers of visitation to see that the intent
of this
institution is carried into effect, and John Houston, James Habersham,
William
Few, Joseph Clay, Abraham Baldwin, William Houston, Nathan Brownson,
John
Habersham, Abiel Holmes, Jenkin Davis, Hugh Lawson, William Glascock,
and
Benjamin Talliaferro esquires who shall compose another board,
denominated THE BOARD OF TRUSTEES. These two boards united, or a majority of
each of them shall compose the SENATUS ACADEMICUS of the University
of Georgia.
2nd All
Statutes, laws and Ordinances for the Government of the University
shall be
made, and enacted by the two boards united or a majority of each of
them,
subject always to be laid before the General Assembly, as often as
required,
and to be repealed, or disallowed, as the General Assembly shall think
proper.
3rd PROPERTY
vested in the University shall never be sold, without the joint
concurrence of
the two boards, and by act of the Legislature; but the Leasing farming
&
managing of the property of the University for its constant support
shall be
the business of the board of Trustees. FOR this purpose they are hereby
constituted a body corporate, and politic, by the name of TRUSTEES OF THE UNIVERSITY
OF GEORGIA; by which they shall have perpetual succession, and
shall and
may be a person in Law, capable to plead, and be impleaded, defend, and
be
defended, answer, and be answered unto, also to have, take, possess,
acquire,
purchase or otherwise receive Lands, tenements, hereditaments, goods,
Chattels,
or other estates, and the same to lease, use, manage, or improve for
the good,
and benefit of said University, and all property given, or granted to
or by the
Government of this State for the advancement of learning in general, is
hereby
vested in such Trustees in TRUST as
herein described.
4th As
the appointment of a person to be the President and head of the
University is
one of the first and most important concerns, on which its respect, and
usefulness greatly depend, the board of Trustees shall first examine,
and
nominate, but the Appointment of the President shall be by the two
boards
jointly, who shall also have the power of removing him from Office, for
misdemeanor unfaithfulness or incapacity.
5th THERE
shall be a stated annual meeting of the SENATUS
ACADEMICUS at the University, or at
any other place, or time to be appointed by themselves, at which the
Governor
of the State, or in his absence the President of Council shall preside,
their
records to be kept by the Secretary of the University.
6th As
the affairs, and business of the University may make more frequent
Meetings of
the Trustees necessary, The President and two of the members are
impowered to
appoint a meeting of the board, notice always to be given to the rest,
or
letters left at the usual places of their abode, at least fourteen days
before
said meeting, seven of the Trustees thus convened shall be a legal
Meeting, in
case of the Death absence or incapacity of the President, the senior
Trustee
shall preside, the Majority of the Members present shall be considered
a Vote
of the whole, and where the Members are divided, the President shall
have a casting Vote;
PROVIDED always that
nothing done, at these special meetings, shall have any force, or
efficacy
after the rising of the then next annual Meeting of the Trustees.
7th THE TRUSTEES shall have the power, of
filling up all Vacancies of their own board, and appointing Professors,
Tutors, Secretary, Treasurers, Steward, or any other Officers which
they may think necessary, and the same to discontinue, or remove as
they may think fit, but not without seven of their Number, at least,
concurring in such Act.
8th THE TRUSTEES
shall prescribe the Course of public Studies, appoint the Salaries of
the different Officers, form and use a public Seal, adjust, and
determine the expenses, and adopt such regulations, not otherwise
provided for, which the good of the University may render necessary.
9th ALL OFFICERS appointed to the instruction,
and government of the University, shall be of the Christian Religion,
and within three months after they enter upon the execution of their
Trust, shall publicly take the Oath of Allegiance and Fidelity, and the
Oaths of office prescribed in the Statutes of the University the President, before the Governor or
President of Council, and all other Officers, before the President of
the University.
10th THE PRESIDENT, Professors, Tutors,
students and all Officers and Servants of the University whose Office
requires their constant attendance shall be and they are hereby excused
from Military Duty and from all other such like Duties and services;
And all Lands and other property of the University is hereby exempted
from taxation.
11th THE TRUSTEES
shall not exclude any person of any religious denomination, whatsoever,
from free, and equal liberty, and advantages of education, or from any
of the Liberties Priviledges and Immunities of the University in his
education, on account of his or their speculative sentiments in
Religion or being of different Religious Profession.
12th THE
PRESIDENT of the University, with consent of the Trustees, shall
have power to give, and confer all such honors, degrees & licenses
as are usually conferred in Colleges, or Universities, and shall always
preside at the Meeting of the Trustees & at all the public
exercises of the University.
13th
THE
SENATUS ACADEMICUS at their stated annual meetings shall
consult, &
advise, not only upon the Affairs of the University, but also to remedy
the
Defects, and advance the Interests of Literature through the State in
general. FOR
this purpose it shall be the business of
the Members, previous to their Meeting, to obtain an acquaintance with
the
State, and regulations of the Schools, and places of education in their
respective Counties, that they may thus be possessed of the whole, and
have it
lie before them for mutual Assistance, and deliberation.
Upon this Information they shall recommend
what kind of Schools, and Academies shall be instituted, agreably to
the
Constitution, in the several parts of the State, and prescribe what
branches of
Instruction shall be taught, and inculcated in each.
They shall also examine, and recommend the
Instructors to be imployed in them,
or appoint
persons for that purpose. The President
of the University, as often as the duties of his station will permit,
and some
of the Members, at least once in a year, shall visit them, and examine
into
their Order and performances.
ALL
public schools - instituted or to be supported by funds or public
monies in
this State shall be considered as parts or members of the University
and shall
be under the foregoing directions and regulations.
WHATSOEVER
public measures are necessary to be adopted, for accomplishing these
great and
important designs, the Trustees shall from time to time, represent, and
lay
before the General Assembly.
ALL
laws and ordinances heretofore passed in any-wise contrary to the true
intent, and meaning of the premises, are hereby repealed, and declared
to be null and void.
IN
FULL TESTIMONY, and confirmation of this Charter, ordinance and
Constitution and all the articles therein contained, the
Representatives of the freemen of the State of Georgia in general
Assembly hereby Order, that this Act shall be signed by the Honble
Joseph Habersham Esquire Speaker of the House of Assembly, and Sealed
with the public Seal of this State, and the same, or the enrollment
thereof in the Records of the State, shall be good and effectual in
Law.
TO
HAVE AND TO HOLD the powers, privileges, and immunities, and all
and singular, the premises herein given, or which are meant, mentioned,
or intended to be hereby given to the said boards of VISITORS, and TRUSTEES, and to their successors in
Office for-ever.
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JOSEPH
HABERSHAM, Speaker
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