University of Virginia Library


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On Friday June 25th 1852 Mr. Randolph appeared, but no
quorum being present, there was no meeting of the Board.

Saturday June 26th 1852

The following Visiters appeared and took their seats,
to wit: Jos C. Cabell, Andrew Stevenson, Thomas J. Randolph,
John Y. Mason, Henry A. Wise, Andrew McDonald, and Robert A.
Thompson.

On motion of Mr. Stevenson, Jos C. Cabell was unanimously
chosen Rector of the Board, who having assumed the chair returned
his acknowledgments.

On motion of Mr. Stevenson, St G. Tucker was appointed
Secretary.

Messrs Stevenson, Mason & Thompson were appointed a
Committee of Finance, & Messrs Randolph, Wise, McDonald and
Thompson were appointed a Committee of Inspection.

On motion of Mr. Mason the Reports of the Bursar & Proctor
were referred to the Committee of Finance.

A communication was received from the Faculty relative
to the erection of a parsonage within the precincts of the
University-

On motion of Mr. Mason the same was referred to the Committee
of Inspection, who subsequently by their chairman Mr.
Randolph reported the following Preamble and resolutions which


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were agreed to-

The Commee of Inspection beg leave to report on the memorial
of the Faculty relating to the erection on the University
grounds of a parsonage for the accommodation of a Chaplain &
his family, that they find the following extract from a report
of Mr. Jefferson to the Directors of the Literary fund, of
the 7th of October 1822.

[In the same report of the Commissioners of 1818 it was
stated by them that "in conformity with the principles of our
consitution, which place all sects of religion on an equal
footing with the jealousies of the different sects in guarding
that equality from encroachment or surprise, & with the
sentiments of the Legislature in favour of freedom of religion,
manifested on former occasions they had not proposed
that any professorships of Divinity should be established in
the University; that provision however was made for giving
instruction in the Hebrew, Greek & Latin languages, the depositories
of the original, & of the earliest & most respected
authorities of the faith of every sect, & for courses of
ethical lectures developing those moral obligations in which
all sects agree. That proceeding thus far without offence
to the Constitution, they had left at this point to every sect
to take into their own hands the office of further instruction
in the peculiaf tenets of each."

It was not however to be understood that instructions in
religious opinions and duties was meant to be precluded by
the public authorities as indifferent to the interests of Society.
On the contrary the relations which exist between Man


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& his Maker, and the duties resulting from those relations are
the most interesting and important to every human being, and
the most incumbent on his study and investigation. The want
of instruction in the various creeds of religious faith existing
among our citizens presents therefore a chasm in a
general institution of the useful sciences. But it was thought
that this want, and the entrustment to each society of instruction
in its own doctrines were evils of less danger than a
permission to the public authorities to dictate modes or principles
of religious instruction, or than opportunities furnished
them of giving countenance or ascendancy to any one sect
over another. A remedy however has been suggested of promising
aspect which while it excludes the public authorities from the
domain of religious freedom would give to the sectarian schools
of divinity the full benefit of the public provisions made for
instruction in the other branches of science. These branches
are equally necessary to the divine, as to the other professional
or civil characters to enable them to fulfil the duties of
their calling with understanding and usefulness. It has therefore
been in contemplation and suggested by some pious individuals
who perceive the advantages of associating other studies
with those of religion to establish their religious schools on
the confines of the University so as to give to their students
ready & convenient access & attendance on the scientific lectures
of the University. Such establishments would offer the
further & great advantage of enabling the students of the University
to attend religious exercises with the Professor of
their particular sect, either in the rooms of the building

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still to be erected & destined to that purpose under impartial
regulations, as proposed in the same report of the Commissioners,
or in the lecturing room of such Professor. To such propositions
the Visiters are disposed to lend a willing ear, and
would think it their duty to give every encouragement by assuring
to those who night choose such a location for their
schools, that the regulations of the University should be so
modified accommodated as to give every facility of access
and attendance to their students with such regulated use also
as may be permitted to the other students of the library which
may hereafter be acquired by public or private munificence;
but always understanding that these schools shall be independent
of the University and of each other- Such an arrangement
would complete the circle of the useful sciences embraced
by this institution and would fill the Chasm now existing,
on principles which would leave inviolate the constitutional
freedom of religion, the most inalienable & sacred
of all human rights, over which the people and authorities
of this state individually and publicly, have ever manifested
the most watchful jealousy; and could this jealousy be now
alarmed in the opinion of the Legislature by what is here
suggested, the idea will be relinquished on any surmise of
disapprobation which they might think proper to express.]

The Committee further report that on the 4th October
1824, the Board of Visiters agreed to the following resolutions

[Should the religious sects of this State or any of them
according to the invitation held out to them establish within


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or adjacent to the University, schools for instruction in the
religion of their sect the students of the University will be
free and expected to attend religious worship at the establishment
of their respective sects in the morning and in time to
meet their school in the University at its stated hour.

The students of such religious school if they attend
any school of the University shall be considered as students
of the University, subject to the same regulations & entitled
to the same rights and privileges.]

And on the 30th of June 1851, the Board of Visiters
agreed to the following resolution

[Resolved that permission is hereby granted to erect by
voluntary contribution on such site upon the grounds of the
University as the Executive Committee shall approve a house
for the residence of the Chaplain biennially chosen by the
Professors and supported by the Professors & students. Provided
however that the house shall at all times be under the
control of the Board of Visiters, and held as the property
of the University.]

By the 8th section of the Act establishing the University
passed Jany 25th 1819 the board of Visiters "shall be capable
in law and in trust for the University, of recieving subscriptions
and donations real & personal as well from bodies corporate
or persons associated as from privete individuals."

Looking to the views presented in the extract from Mr.
Jefferson & to the powers of the Board of Visiters under the
law defining their corporate capacity and to the present exigences
of the University the Commee cannot report favourably


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upon the prayer of the President of the Faculty, & recommend
its rejection. But desirous as the Board of Visiters & friends
of the University are to promote religious instruction, and
to encourage especially religious worship without connexion
with any religious denomination or sect, the Commee recommend
the repeal of the resolution of the Board of the 30th June
1851, & the adoption in lieu thereof of the following:

Resolved that the Professors of the University be authorized
to open a subscription for donations to be received by
the Board of Visiters in trust for the University for the
erection of such houses as may be necessary for the religious
worship of the Professors & Students on such sites upon the
grounds of the University as the Executive Committee shall
approve-

The following Communications were received, read, and
referred to the Commee of Inspection viz:

A communication from the students relative to the the
establishment of a gymnasium.

A communication from James R. Watson asking indemnity
for certain outlays made by him in the erection of a building
on his lot-

A communication from the Washington Society asking for
an enlargement of their hall.

And a communication from the Hotel Keepers asking an
increase of the rate of board.

On motion of Mr. Thompson the Board adjourned until
Monday Morning at ten o'clock.


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Monday Morning June 28th 1852

A communication was received from Mr. Volger, the Tutor
in Modern Languages, asking for an additional dormitory-

Whereupon, On motion of Mr. Randolph the following preamble
& resolution were adopted

Whereas it appears to the satisfaction of the Board that
the passage between the Pavilions occupied by Dr. Cabell &
Dr. Schelé is not now needed as a thoroughfare and that the
Space thus lost may be advantageously appropriated as the site
of a dormitory, it is hereby

Resolved that the Proctor be instructed to close this
passage & to convert it into a dormitory with a door of communication
between it & the dormitory occupied by Dr. Volger
the Assistant Teacher in the School of Modern Languages for
whose use it shall be assigned.

On motion of Mr. Mason,

Resolved that the provision for Assistant Instructors
in the Schools of the Ancient Languages, Modern Languages &
Mathematics be continued until the Board shall make further
order on the subject.

Resolved further that the clause of the law making provision
for the employment of Assistant Instructors which forbids
them to board in the University be repealed.

A communication was received from Mr. D'Alfonce, the
Teacher of gymnastics asking to be remunerated for money expended
in the purchase and erection of his gymnasium, which
was referred to the Committee of inspection -


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A communication from Dr. Harrison, enclosing an account
of advancements made by him for the addition to his Pavilion,
and asking that the same be refunded, was referred to the
Committee of inspection, who subsequently by their Chairman
submitted the following report thereon, which was agreed to-

The Rector & Visiters are aware that alterations and additions
have from time to time been made in the buildings of
the University without previous authority, and regarding such
alterations or additions however trivial and however conducive
to convenience, as of mischievous tendency, take occasion to
express in this form their disapproval of such unauthorized
acts, and to urge on the Faculty, Executive Committee and the
Officers of the University in future to observe a vigilant
care to prevent any alteration of the buildings of the University,
without proper authority being previously obtained, and entertaining
these views, to make known that no bill for any such
unauthorized alteration or addition can be allowed to be paid
out of the funds of the University.

The Report of the Committee of the Faculty appointed to
examine the supply of water of the University was received
and referred to the Committee of Inspection.

A communication was received from the Parthenon Society
asking additional accommodations, which was referred to the
Commee on inspection -

The Committee subsequently reported a recommendation that
the said communication, and a similar one from the Washington
Society, be postponed until after the completion of the new
building.


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Mr. Randolph from the Commee of Inspection reported the
following resolution, which was agreed to

Resolved that in consideration of the increased cost of
supplies the price of board per session at the hotels of the
University be increased to the sum of one hundred and ten dollars.

Mr. Randolph from the same Commee reported the petition
of Jas. R. Watson asking indemnity for the expense incurred in
the erection of a building on his lot, with a recommendation
that the same be rejected - And the question being put on
agreeing with the Committee in their report, was decided in
the affirmative.

The Rector laid before the Board the following communication
from the Chairman of the Faculty-

Gentlemen,

At a meeting of the Faculty held June 24th it was directed
that the Chairman should represent to the Board of Visiters
their wish that they might be allowed to examine Messrs A. M.
Robertson, and T. J. Kennedy some time in the beginning of the
next session for degrees in Medicine; those gentlemen having
been prevented from standing the examinations the present
session through sickness; The ground of this application is
the very excellent character & known qualifications of these
students

Very respectfully

Yr obt servt

Gessner Harrison

On motion of Mr. Randolph the request of the Faculty was
granted.


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A communication was received from the Faculty asking for
the erection of a railing around the Chapel & Lecture Room
of Nat: Philosophy.

On motion of Mr. Randolph the same was granted, and the
Proctor was authorized & directed to execute the work-

A communication from the Faculty relative to the rent
paid by Professors for the use of dormitories was postponed.

A communication was received from Professor Schelé asking
that leave be granted to give a certificate of proficiency
in the school of Modern history, taught by him

On motion of Mr. Wise the consideration thereof was
postponed.

The Board took a recess until five o'clock PM.

Evening Session.

The Rector laid before the Board a communication from
Professor Minor asking that a room be appropriated for the use
of the Moot Court-

On motion of Mr. Wise the same was postponed-

The Report of the Committee of Finance was read as follows:

The Commee of Finance have examined the matters submitted
to their consideration, and report as follows:

Alex Garrett resigned his office at the last Annual
meeting of the Board of Visiters and William A. Bibb Esq was
appointed, and entered on the duties of the office on the 1st
day of July 1851; On the settlement of Mr Garretts accounts
which were closed on the 30th of June 1851, there was an unexpended
balance in his hands of $4010 46/100 which was


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transferred to his successor in office, and credited by him as
a portion of his receipts

The Committee have found the Accounts of the Proctor and
Bursar duly audited and examined by Wm Wertenbaker to whom
that duty was entrusted, Mr James W. Saunders having declined
the appointment of Commissioner conferred on him by the Board
of Visiters

     
The gross receipts during the Fiscal year commencing on
the 1st day of June 1851, & ending on the 31st of May 1852,
appear by the Proctors accounts to amount to 
$47,744.87 
The disbursments during the same period
amount to 
45,203.53 
Leaving an unexpended balance  $ 2,541.34 

To ascertain the accruing revenues of the University
for the past fiscal year, it is necessary to deduct from the
amount of gross receipts above stated the following items of
accounts

The surplus fees which accured during the preceding
year & were paid over to the present Bursar after his appt.

       
$5,506.00 
Unexpended Bal: on hand June 1st 1851  4,425.89 
Proceeds of three negotiable notes
drawn by the Proctor & discounted by the
branch of the Farmers Bank of Charlottesville
each for $3000; less discount 
8,866.50 
$18,798.39 

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This aggregate being deducted from the gross receipts
leaves as the actual income of the University for the fiscal
year ending May 31st 1852 $28,946.48. The disbursments were
unusually large on account of the heavy expenditures on the
new building. The Commee have examined a report of the Proctor
on the subject, and an estimate of the unfinished work on the
new building, furnished by the building Committee, and make a
proximate statement of the probable receipts and disbursments
of the current fiscal year, to end on the 31st of May 1853.

       
Assuming that the attendance of students at the University
at the next session will be as large as at the present, we
infer that the same income will accrue from rents surplus fees &c
Which is 
$28,946.48 
The unexpended balance on hand on the
1st June last 
2,541.34 
And the proceeds of the loan authorized by
the Act of the Genl Assembly passed Feby
17. 1852, negotiated at par, or without
premium added 
25,000.00 
Make the available means for the year  58,487.82 

The liabilities for the same period may be stated as
follows:

Amount due contractors for work on new

     
building now done but unpaid  $4,049.98 
Estimated cost of unfinished work  14,500.00 
Amount of three notes to be paid at the  9,000.00 

Farmers bank at Charlottesville


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Amount of order of Hudson & Lashbaugh accepted
by the Proctor & payable Aug 21, 1852 
$ 1,000.00 
Salaries of Professors & others due 1st
April & unpaid 
1,475.00 
Amount due George W. Spooner for purchase of
land 
2,170.00 
$32,195.37 

Leaving a balance of $24,292.45, applicable to the ordinary
current disbursments of the University, including accruing
interest on the debt to be contracted by the authorized loan
Your Committee believe that the available funds will be sufficient
for the purpose of meeting liabilities. There has
been no effort to be precisely accurate in this conjectural
estimate - there may be expected a receipt of $1261 from sale
of furniture, also a premium on the bonds of the University
to be sold- but there may be some unforseen expenditures.

These statements clearly evince the necessity of realizing
the entire amount of the loan authorized by the Act of Assembly
of the 17th of February last. This Act is substantially a
transcript of the Act of March 7th 1827, under which a loan
was negotiated by the University. As a means of giving greater
value to the bonds of the University, for the loan now to be
made, your Committee recommend that the form of the certificates
of stock which was adopted by the board of Visiters on the
19th day of July 1827, be now adopted, to be signed by the
rector, and countersigned by the Bursar- with the seal of the
University attached - That the certificates so issued shall be


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numbered in succession, 1,2,3 &c- shall be made payable twenty
five years after date, & bear an interest of six per cent per
annum payable at the Treasury of the State of Virginia, semiannually
on the 1st day of January and of July in each year-and
that the said certificates shall be issued for such sums
as the Rector may consider most easy of negotiation, not more
than five thousand dollars, nor less than one thousand dollars
the proceeds whereof when sold shall be placed in the hands of
the Bursar - for the purposes for which the power to make said
loan was asked and granted. And to give assurance of the punctual
payment of the interest and the redemption of the principal
of said certificates, it is recommended that the Board
pledge the annuity of the University payable from the literary
fund to those objects.

It is stated by the Proctor that two of the negotiable notes
now held by the Farmers Bank at Charlottesville will fall due
on the second day of July next, and as it is not probable that
the loan can be negotiated in time to pay them, it is recommended
that the Proctor be authorized to renew them for sixty
days.

To carry out the recommendations herein made, the Committee
report the following resolutions

Resolved that for the purpose of effecting a loan of
twenty-five thousand dollars, as authorized by the act of the
General Assembly passed on the 17th day of February 1852,
there be created a stock for that sum bearing an interest of
6 per cent per annum, payable semi-annually at the Treasury


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of Virginia on the 1st day of January & of July in each year.
That the certificates be signed by the Rector and countersigned
by the Bursar for the payment of sums of not more than five
thousand dollars, nor less than one thousand dollars, as the
Rector shall think best payable twenty five years after date,
and numbered in succession, 1,2,3 &c- And that the proceeds of
said certificates after their sale under the direction of the
Rector, shall be received by the Bursar, and applied to the
payment of the debt contracted for the building now in course
of erection.

Resolved that for the payment of the interest, and the
redemption of the principal of the said certificates of stock,
the Board hereby pledges the annuity of the University payable
from the Literary fund.

Resolved that the certificates of debt to be issued under
the foregoing resoultions shall be made payable to Wm S. Kemper
Proctor of the University, and transferrible by his written
assignment, endorsed on the back of each certificate respectively-

Resolved that the Proctor is hereby authorized to renew
for sixty days the two notes for three thousand dollars each,
discounted by the Farmers Bank at Charlottesville which fall
due on the second day of July next.

June 28th 1852

Respectfully submitted

(Signed) Andrew Stevenson

J. Y. Mason

The question being put on the resolutions proposed, they
were severally agreed to -


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On motion of Mr. Mason,

Resolved that the agreement entered into between the
Proctor and Mr McCoy be confirmed by the Board.

Mr Randolph from the Committee of Inspection made the
following report on the subject of the Gymnasium to them referred,
which was adopted by the board.

The Board of Visiters being sensible of the importance of
gymnastic exercises for the physical development of youth have
heard with pleasure that J. E. D'Alfonce proposes to give
instruction on that subject, and hereby renew the permission
formerly given for a site on the University grounds for a
gymnasium, and are disposed to offer proper facilities subject
to such future regulations or discomtinuance as they may deem
expedient.

Resolved that the Proctor be authorized to receive a fee
of ten dollars from each student desiring to receive instruction
from him, and issue a ticket for the same, and that the
Proctor pay to Mr D'Alfonce at the issue of the tickets one
half of the sum paid for each ticket and the residue thereof
at the end of the session.

Resolved that the sum of five hundred dollars be paid
to J. E. D'Alfonce for the apparatus and appliances of his
gymnasium for the uses of the University upon an inventory
and appraisment therof being approved by the Proctor and deposited
with him, and that the said apparatus and appliances
be subject to the use of the said D'Alfonce in instructing
students in gymnastics, and if requiring repair while in his
use to be repaired at his expence.


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On motion of Mr Mason,

Resolved that the Board approve the terms of the agreement
made between George W. Spooner & Wm S. Kemper Proctor
of the University, acting on behalf of the Rector & Visiters
dated the 10th day of July 1851, which agreement was communicated
by the Proctor with his report of the twenty fifth inst,
and hereby direct that the said agreement be carried into effect
by the execution of proper deeds of release & conveyance
as required by the terms of said agreement, to be prepared by
legal counsel to be designated by the Executive Committee, and
the deeds approved by said Committee, but in no event is any
payment of the purchase money to be made until the lien held
by the College of William and Mary shall have been released.

Resolved that when the title shall have been made as
required in the foregoing resolution, the Proctor is hereby
authorized to carry out his agreement with Jesse S. Maury
and in behalf of the Rector & Visiters of the University to
convey to him the quantity of land which in said report said
Proctor reports that he has agreed to sell to him.

Mr. Randolph from the Committee of Inspection submitted
the following report on the subject of the supply of water
to the University, which report was agreed to-

The Committee to whom was referred the letter of the
Faculty in relation to an adequate supply of water to the
University beg leave to report that in addition to the three
old cisterns, three new ones have been added within the last
year. The drought which has prevailed for the last 18 months


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has so diminished the supply of water at and around the University,
as to cause an occasional demand for cistern water,
and they have not proved adequate to the supply.

Resolved therefore that the Proctor be required to cause
additional cisterns to be constructed upon different points on
the grounds in vicinity of the buildings and that the plan
of the Hydraulic Ram proposed by the Faculty as a means of furnishing
the necessary supply of water be referred to the Executive
Committee to take such action in conformity thereto
as they may deem expedient.

A communication from Mr Mills relative to the delay in
the completion of the new building, was received, read, and
ordered to be filed.

Wm J. Robertson is appointed Commissioner to take and
settle the accounts of the Bursar and Proctor for the current
fiscal year.

On motion of Mr Mason the Board adjourned until tomorrow
morning at 9 o'clock.

Tuesday Morning June 29th 1852

The Rector laid before the Board a petition from Addison
Maupin asking leave to erect on certain terms a small brick
cottage in the rear of the house now occupied by him

On motion of Mr Mason

Ordered that the said Petition be referred to the Executive
Committee with authority to grant the permission asked,
if they deem it advisable and if granted that they attach
such conditions as shall seem to them to be just and proper.


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Ordered that Dr Harrison be appointed Chairman of the
Faculty for the ensuing session-

The Rector appointed Messrs Stevenson, Randolph & Mason
as the Executive Committee for the ensuing year.

On motion of Mr wise

Resolved that the Faculty be authorized to open subscriptions
for private donation to be received by the Board of
Visiters in trust for the University, for the erection of
buildings necessary to the uses of a Temperance Hall on such
site of the University grounds as may be selected, & on such
plan as may be approved by the Executive Committee.

On motion of Mr Wise

Ordered that the Proctor shall procure light and fuel
for the Lecture Rooms, furnishing it as far as practicable
& economical in wood from the University grounds if wood be
used, and that he defray the expense of both lights & fuel for
the purpose mentioned from the funds arising from supplus fees,
and that he keep a separate account thereof, & report the same
to the Board.

The hour for the usual exercises of the commencement day
having arrived the Board repaired to the Library and after
witnessing the ceremonies, returned to their hall, when the
following further proceedings were had

The bonds for the negotiation of a loan authorized by the
General Assembly at its last session were prepared in the
following form to wit:

The Rector & Visiters of the University of Virginia owe


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to Wm S Kemper Proctor, the sum of one thousand dollars for
value received pursuant to an act of the General Assembly
passed on the 17th day of February 1852, entitled "An Act authorizing
the Rector and Visiters of the University to borrow
money for certain purposes" which sum they promise and oblige
themselves and their successors to pay or cause to be paid
to the said Kemper Proctor as aforesaid, or to his assigns at
the expiration of twenty five years from this date at the Treasury
of the State of Virginia, together with six per centum
per annum interest thereon, payable at the same place on the
first day of January and the first day of July in each year.

In testimony whereof we the Rector & Bursar of the said
University, acting under a resolution of the Board passed the
28th day of June, one thousand eight hundred and fifty two
have hereunto set our hands and caused the seal of the University
to be affixed this 29th day of June one thousand
eight hundred & fifty two.

(Signed) Jos C. Cabell Rector

Countersigned Wm A. Bibb. B.U.V.

Whereupon the Rector and Bursar proceeded in the presence
of the Board to sign the said bonds as follows to wit:

         

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207

                 
No 1 dated June 29th 1852, for  $5000 
No 2 dated June 29th 1852, for  $5000 
No 3 dated June 29th 1852, for  $5000 
No 4 dated June 29th 1852, for  $1000 
No 5 dated June 29th 1852, for  $1000 
No 6 dated June 29th 1852 for  $1000 
No 7 dated June 29th 1852 for  $1000 
No 8 dated June 29th 1852 for  $1000 
No 9 dated June 29th 1852 for  $1000 
No 10 dated June 29th 1852 for  $1000 
No 11 dated June 29th 1852 for  $1000 
No 12 dated June 29th 1852 for  $1000 
No 13 dated June 29th 1852 for  $1000 
Making a total of
being the amount authorized to be borrowed. 
$25000 

Mr Mason proposed the following order which was adopted

It being probable that the rooms in the new building will
be finished before the next annual meeting of the board, and
it will be desirable in finishing the rooms to adapt them in
some particulars to the purposes to which they are to be applied,

Ordered that the sub basement rooms be appropriated to
the use of the schools of Chemistry & Materia Medica- The North
basement room to the School of Natural Philosophy, and that
the other rooms in the new building as they approach completion
shall be assigned to such of the other schools as the Executive
Committee may direct; and that the said Committee also designate
the respective schools to which they will appropriate such of
the rooms of the University as may be vacated in executing this
order-

On motion of Mr Mason, a building Committee was appointed
consisting of Messrs Stevenson & Randolph-

On motion of Mr Thompson the Board adjourned sine die.

Joseph C. Cabell Rector.