University of Virginia Library

1817-18.

Then we come to the Act establishing "The University of Virginia".
It is Sec. 8 of an act entitled, "an Act appropriating part
of the Revenue of the Literary Fund, and for other purposes", being
Chapter XI of the Acts of 1817-18, p. 11. The first seven
sections created school commissioners of the several counties, cities
and towns and borough of Norfolk, and provided for their meetings,
powers, duties, education of poor children, etc. The eighth
section then begins: "8. Be it further enacted, That there shall be
established, in some convenient and proper part of the State, a
university to be called, "The University of Virginia",—wherein all

the branches of useful science shall be taught. In order to aid the
Legislature in ascertaining the permanent site of the said University
and in organizing it, there shall be appointed without delay by the
Executive of this Commonwealth twenty-four discreet and intelligent
persons, who shall constitute a board to be called "The board
of commissioners for the University". One member of the said
board, shall be appointed from each of the Senatorial Districts, as
they were arranged, by an act of the last session of the Legislature.
If any person so appointed shall fail or refuse to act, his place shall
be supplied from the same district, by appointment of the president
and directors of the literary fund. The said board shall meet on
the first day of August next at the Tavern in Rockfish gap on the
Blue Ridge for the purpose of performing the duties hereby assigned
to them. At least three-fourths of the whole number shall
be necessary to form a board for the transaction of business; but
any smaller number may adjourn from day to day, until a quorum
shall attend. The said board, when assembled, shall have power to
adjourn from time to time, and from place to place, until their
duties shall have been performed. It shall be their duty to enquire
and report to the Legislature at their next session:

• First—a proper scite for the University;

• Secondly—a plan for the buildings thereof;

• Thirdly—The branches of learning, which should be taught
  therein;

• Fourthly—The number and description of professorships; and

• Fifthly—Such general provisions as might properly be enacted
  by the Legislature, for the better organizing and
  governing the University.

The said board are also authorized and required to receive any
voluntary contributions, whether conditional or absolute, whether
in land, money or other property, which may be offered, through
them, to the president and directors of the literary fund, for the
benefit of the University; and to report the same to the Legislature,
at their next session. The members of the said board of commissioners
shall be allowed for their services the same pay and travelling
expences as are allowed to members of the General Assembly, to
be ascertained and certified by the board, and paid out of the
literary fund.

9. Be it further enacted, That, as soon as the scite of the said
University shall be ascertained by law, there shall be appropriated,
out of the revenue of the literary fund, the sum of fifteen thousand
dollars per annum, for the purpose of defraying the expenses of procuring
the land and erecting the buildings, and for the permanent endowment
of the said University; Provided, however, that the appropriation,
hereby made to the University, shall in no manner impair
or diminish the appropriations hereinbefore made to the education
of the poor in the several counties and corporations.

10. Be it further enacted, That the University aforesaid shall be
under the government of thirteen visitors to be appointed by the
president and directors of the literary fund, and to hold their offices
for seven years, and until their successors shall be appointed,
unless sooner displaced by the said president and directors. All
vacancies in the office of visitor, by death, resignation, or removal
out of the Commonwealth, or failure to act, for the space of one
year, shall be supplied by the said president and directors.

11. The said visitors shall appoint one of their own body to be
rector, and they shall be a body corporate, under the name and style
of "The rector and visitors of the University of Virginia"; and, as
such, they may have and use a common seal, receive and hold property
for the benefit of the University, sue and be sued, implead and
be impleaded. They shall have power to appoint a clerk for their
own body, and allow him a reasonable compensation for his services;
to appoint and remove the professors and all other officers of
the University; to regulate their salaries and fees; and to make all
such by-laws, rules and regulations, as may be necessary to the good
government of the University, and not contrary to the laws of the
land. But the said rector and visitors shall at all times conform to
such laws, as the Legislature may from time to time think proper
to enact for their government; and the said University shall in all
things, at all times, be subject to the control of the Legislature.

12. This act shall commence and be in force from and after
the first day of March next." Acts of 1817-18. p. 11.

It will be noticed that this Act did not locate the University, but
left that important choice to "The board of commissioners for the
University"