University of Virginia Library

1818-19.

This board proceeded to function, and as the result of their
action and choice, Chapter XIX, of the Acts of Assembly of 181819,
passed January 25, 1819, Entitled "An Act for Establishing An
University", (p. 15 of said Acts), was enacted, reading as follows:

"1. Be it declared by the General Assembly of Virginia, That
the conveyance of the lands and other property appertaining to the
Central College in the County of Albemarle, which has been executed
by the proctor thereof, under authority of the subscribers
and founders, to the President and Directors of the Literary Fund,
is hereby accepted, for the use, and on the conditions in the said
deed of conveyance expressed.

2. And be it enacted, That there shall be established, on the
scite provided for the said college, an university, to be called, "The
University of Virginia"; that it shall be under the government of
seven visitors to be appointed forthwith by the Governor, with the
advice of Council, notifying thereof the persons so appointed, and
prescribing to them a day for their first meeting at the said University,
with supplementary instructions for procuring a meeting
subsequently, in the event of failure at the time first appointed.

3. The said visitors, or so many of them as, being a majority,
shall attend, shall appoint a rector, of their own body, to preside at
their meetings, and a secretary to record, attest, and preserve their
proceedings, and shall proceed to examine into the state of the
property conveyed as aforesaid; shall make an inventory of same,
specifying the items whereof it consists; shall notice the buildings
and other improvements already made, and those which are in progress;
shall take measures for their completion, and for the addition
of such others from time to time, as may be necessary.

4. In the said university shall be taught the Latin, Greek and
Hebrew Languages, French, Spanish, Italian, German and Anglo-Saxon,
the different branches of mathematics, pure and physical—
natural philosophy, the principles of agriculture, chemistry, mineralogy,
including geology, botany, zoology, anatomy, medicine, civil
government, political economy, the law of nature and nations,
municipal law, history, ideology, general grammar, ethics, rhetorick,
and belles lettres; which branches of science shall be so distributed,
and under so many professors, not exceeding ten, as the visitors
shall think proper and expedient.

5. Each professor shall be allowed the use of the apartments
and accommodations provided for him, and those first employed
such standing salary as the visitors shall think proper and sufficient,
and their successors such standing salary, not exceeding one thousand
dollars, as the visitors shall think proper and sufficient, with
such tuition fees from each student, as the visitors shall from time
to time establish.

6. The said visitors shall be charged with the erection, preservation,
and repair of the buildings, the care of the grounds and appurtenances,
and of the interests of the University generally; they
shall have power to appoint a Bursar, employ a Proctor, and all other
necessary agents, to appoint and remove professors, two thirds of
the whole number of visitors voting for the removal; to prescribe
their duties, and the course of education, in conformity with the
law; to establish rules for the government and discipline of the
students, not contrary to the laws of the land; to regulate the
tuition fees, and the rent of the dormitories occupied; to prescribe
and control the duties and proceedings of all officers, servants and
others, with respect to the buildings, lands, appurtenances and other
property, and interests of the University; to draw from the Literary
Fund such monies as are by law charged on it, for this institution;
and, in general, to direct and do all matters and things which, not
being inconsistent with the laws of the land, to them shall seem
most expedient, for promoting the purposes of the said institution;
which several functions they shall be free to exercise in the form
of by-laws, rules, resolutions, orders, instructions, or otherwise, as
they shall deem proper.

7. They shall have two stated meetings in every year, to-wit:
on the first Mondays of April and October; and occasional meetings
at such other times as they shall appoint, or on a special call, with
such notice as themselves shall prescribe by a general rule; which
meetings shall be at the University; a majority of them constituting
a quorum for business, and on the death, resignation of a member,
or failure to act for the space of one year, or on his removal out of
the commonwealth, or by the Governor, with the advice of Council,
the Governor with like advice shall appoint a successor.

8. The said rector and visitors shall be a body corporate, under
the style and title of the Rector and Visitors of the University of
Virginia, with the right, as such, to use a common seal; they shall

have capacity to plead and be impleaded in all courts of justice, and
in all cases interesting to the university, which may be subjects of
legal cognizance and jurisdiction; which pleas shall not abate by
the determination of their office, but shall stand revived in the name
of their successors; and they shall be capable in law, and in trust
for the university, of receiving subscriptions and donations real and
personal, as well from bodies corporate, or persons associated, as
from private individuals.

9. And the said rectors (sic) 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, and at all times, be subject to the control of
the Legislature. And the said rector and visitors of the University
of Virginia shall be, and they are hereby required to make report,
annually, to the President and Directors of the Literary Fund, (to
be laid before the Legislature at their next succeeding session,)
embracing a full account of the disbursements, the funds on hand,
and a general statement of the condition of the said university.

10. The said board of visitors, or a majority thereof, by nomination
of the board, shall, once in every year at least, visit the said
university, enquire into the proceedings and practices thereat; examine
the progress of the students, and give to those who excell
in any branch of science, there taught, such honorary marks and
testimonials of approbation as may encourage and excite to industry
and emulation.

11. On every twenty-ninth of February, or, if that be Sunday,
then on the next, or earliest, day thereafter, on which a meeting
can be affected, the Governor and Council shall be in session, and
shall appoint visitors of the said university, either the same or others,
at their discretion, to serve until the twenty-ninth day of February
next ensuing, duly and timely notifying to them their appointment,
and prescribing a day for their first meeting at the University;
after which, their meetings, stated and occasional, shall be as herein-before
provided; Provided, That nothing in this act contained shall
suspend the proceedings of the visitors of the said Central College
of Albemarle; but for the purpose of expediting the objects of the
said institution, they shall be authorized, under the control of the
Governor and Council, to continue the exercise of their functions,

and fulfill those of their successors, until the first actual meeting
of their said successors.

12. And be it further enacted, That the additional sum of
twenty thousand dollars shall be, and the same is hereby appropriated
to the education of the poor, out of the revenue of the Literary
Fund, in aid of the sum heretofore appropriated to that object, and
to be paid in the same manner, and upon the same conditions in all
respects, as is prescribed by the fourth section of the act, entitled,
"an act appropriating part of the revenue of the Literary Fund, and
for other purposes", passed the twenty-first day of February, eighteen
hundred and eighteen. (Repealed immediately, see infra).

13. This act shall commence and be in force from and after the
passing thereof. Acts of Assembly, 1818-19, pp. 15-18. (This
Act appears as Chap. 34 of the Code of 1819, p. 90.)

Then follows immediately in the Acts of Assembly, though
passed March 3rd., 1819, Chapter XX, entitled "Part of the Act
to reduce into one the several acts concerning the Literary Fund".
Secs. 21 and 22 alone were printed here, as they alone related
to the University. They follow (repealing section 12, supra):

"21. All Acts, and parts of acts, coming within the purview of
this act, and especially so much of an act passed during the present
session of the General Assembly, entitled, "an act for the establishment
of an University", as appropriates the additional sum of
twenty thousand dollars, annually, out of the revenue of the literary
fund, to the education of the poor, shall be and the same are hereby
repealed: Provided, that all rights and remedies, fines, penalties,
and forfeitures, and proceedings, heretofore accrued, incurred or
commenced, shall be and remain in the same state and condition,
as if this act had never been passed.

22. This act shall commence and be in force from and after the
first day of January eighteen hundred and twenty; except so much
thereof as repeals the additional appropriation of twenty thousand
dollars, annually, out of the revenue of the literary fund; and so
much of this act as repeals the said appropriation shall commence
and be in force from and after the passing thereof." p. 18.

Note. However it seems that Sec. 20 should have been printed
there also, as it supplied the place of Sec. 12 of the Act Establishing
an University, repealed by Sec.21. We reproduce it here as it appears

in this connection in the Code of 1819, as Sec. 20 of Chap.
33, p. 89.

"20. Be it further enacted, That 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 land, and erecting the buildings, and for the permanent
endowment of the University of Virginia; 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".
Note. Compare Acts 1817-18, Chap. 11, pp. 9, 11, Supra.

Chapter LXXXVII of the Acts of 1818-19 (p. 134), is merely
"An Act authorizing the Auditor to renew a lost certificate in favor
of the Central College". Passed Dec. 31, 1818.