Papers Of Abraham Lincoln

In force, Jan.[January] 18, 1836.

AN ACT to incorporate the Franklin Institute.
1

Trustees incorporated.

Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Solomon Clark, Lewis Y. Cully, William A. Roberts, A. D. Dobbins, Henry Yost, Alexander McCreary, Warrenton K. Spiller, Lemuel R. Harrison, William T. Wryburn, Meshack Morris, and their successors, be, and they are hereby, constituted a body politic and corporate, to be known by the name of the “Trustees of the Franklin Institute,” and by that name shall have perpetual succession, and have a common seal, with power to change the same at pleasure; and as such, shall be authorised to exercise all powers and privileges that are enjoyed by the trustees of any seminary, college, or university in this state, not herein limited, or otherwise directed.

First meeting, where and when held.

Sec. 2. That the said trustees shall hold their first stated meeting at the town of Frankfort, in the county of Franklin, on the first Monday of June next, or so soon thereafter as may be convenient: and they, or a majority of them, shall, as soon as they may think proper, fix upon a place for a permanent seat for said institute, and proceed to erect buildings thereon, as soon as convenient, and the interests of the said institution may require.

Nature of. Corporation,

Sec. 3. The said trustees, or their successors, by the name aforesaid, shall be capable in law to purchase, receive, and hold, to themselves and their successors, for the use and benefit of said institution, any lands, tenements, or rents, goods and chattles, of what kind soever, which shall be

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given, or devised to, or purchased by them, for the use of the Franklin Institute.

Sec. 4. The said trustees, by the name aforesaid, may sue and be sued, plead and be impleaded, in any court of law or equity in this state.

A moiety ma adjourn.

Sec. 5. In case a sufficient number of members do not attend to constitute a board, at any meeting, those who do attend, may adjourn to any day thereafter, or to the next stated meeting, and shall give ten days previous notice thereof.

Quorum.

Sec. 6. Five members shall be sufficient to constitute a board for the transaction of all business respecting the said institute, excepting those cases particularly excepted.

A majority necessary for the transaction of business.

Sec. 7. The assent of the majority of the whole number of the trustees, shall be necessary to perform the following business: to elect, and fix the salary of the president; to fix upon the permanent seat of the institute; to alienate, sell, or convey, any lands, tenements, or rents, belonging to said institute.

Powers of the trustees.

Sec. 8. The trustees shall have power, from time to time, to establish such bye-laws, rules, and ordinances, not contrary to the constitution and laws of this state, as they shall deem necessary for the said institute.

Elect a president, &c.[etc.]

Sec. 9. The trustees shall elect a president, treasurer, and clerk, to their own body, and so many professors, tutors, or masters, as may be necessary; and upon the death, resignation, or legal disability of any of the trustees, president, or other officers of the said institute, the board of trustees shall supply the vacancy by ballot.

Treasurer shall give bond.

Sec. 10. The treasurer of said institution, always, and all other agents, when required by the trustees, before entering upon the duties of their appointments, shall give bond for the security of the corporation, in such penal sum, and with such security, as the board of trustees shall approve. And all processes against the said corporation shall be by summons, and service of the same shall be by leaving an attested copy with the treasurer of the institute, at least thirty days before the return day thereof.

Institute open to all denominations.

Sec. 11. The said institute, and their preparatory department, shall be open to all denominations of Christians, and the profession of any religious faith, shall not be required of those who become students: all persons, however, may be suspended, or expelled from said institution, whose habits are idle, or vicious, or whose moral character is bad.

Term of office

Sec. 12. The president, and other officers of the said institute, shall be subject to the direction of the board of trustees, and continue in offlce during good behavior.

Powers of the president.

Sec. 13. The president of the board of trustees, shall

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have full power to call special meetings of the said trustees, and it shall be his duty, upon the request of three of them, to do the same; but upon any called meeting, ten days general notice shall be given by the president previous to the meeting.

Trustees regulate course of studies, &c.

Sec. 14. The trustees of the corporation, shall have authority, from time to time, to prescribe and regulate the course of studies to be pursued in said institute, and in the preparatory department attached thereto; to fix the rate of tuition, room rent, and other college expenses; to appoint instructors, and such other officers and agents, as shall or may be needed, in managing the concerns of the institution; to define their powers, duties, and employments; to fix their compensation; to displace and remove either of the instructors, officers and agents; to erect necessary buildings; to purchase books, and chemical and philosophical apparatus, and other suitable means of instruction; to put in operation a system of manual labor, for the purpose of lessening the expense of education, and promoting the health of the students; to make rules for the general management of the officers of the institution, and for the regulation of the conduct of the students; and to add, as the ability of the said corporation shall increase, and the interest of the community shall require, additional departments for the study of any or all the liberal professions; Provided, however, That nothing herein contained shall authorise the establishment of a theological department, in said institution.2

Trustee may be dismissed.

Sec. 15. If at any time a member of the board of trustees shall absent himself for three stated meetings, successively, or for some disorderly conduct, unless for good cause shown, and approved of by the said trustees, in such case his seat shall be considered to be vacant, and the board proceed to fill his seat with a member; Provided, That the trustees of said institution, shall at all times be accountable for their conduct, in the management of the business aforesaid, in such manner, as the legislature shall, by law, direct.3

Approved, Jan. 16. 1836.

1George P. Bowyer introduced HB 77 in the House of Representatives on December 26, 1835. The House passed the bill without amendment on December 30. The Senate passed the bill without amendment on January 14, 1836. On January 14, the Council of Revision approved the bill and the act became law.
Illinois House Journal. 1835. 9th G. A., 2nd sess., 122, 155, 182, 327, 345, 358; Illinois Senate Journal. 1835. 9th G. A., 2nd sess., 134, 228, 243, 267, 280.

2In 1841, the General Assembly adopted an act repealing the restriction on theological departments at Franklin Institute and other similar institutions.

3 Prior to 1849, Illinois had no general incorporation law governing colleges, universities, and other educational institutions. Incorporators of prospective institutions were required to petition the General Assembly for individual charters. Early Illinois general assemblies were less than enthusiastic about colleges and universities, as many legislators were unconvinced about the value of higher education and suspicious of the movement to establish institutions of higher learning. The fact that the impetus for schools came from Baptists, Presbyterians, and other Protestant denominations added to the legislators’s discomfort. Prohibitions on theological departments, restrictions on land ownership, and strictures against religious tests for admission reflected fears about undue religious influence in education and divisive sectarianism. By 1840, however, views on education had changed, prompting repeal of restrictions on theological departments and land ownership. In January 1849, the General Assembly ended the practice of individual charters by enacting a statute for the general incorporation of institutions of higher learning. This statute placed no restrictions on theological departments, but it did limit land holdings to one thousand acres at any one time.
Newton Bateman and Paul Selby, eds., Historical Encyclopedia of Illinois: Cook County Edition (Chicago: Munsell, 1905), 1:111-12, 291; Charles E. Frank, Pioneers’s Progress: Illinois College, 1829-1979 (Carbondale: Southern Illinois University Press, 1979), 29-30; “An Act for the Incorporation of Institutions of Learning,” January 26, 1849, Laws of the State of Illinois (1849), 86-87.