In force 1st March, 1837.
AN ACT to incorporate the Belvidere College
1
Persons incorporated
Name
Where located
No. of trustees
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Germanicus Kent, John T. Temple, Seth S. Whitman, John K. Towner, Simon P. Doty, John Quincy Rollins, Daniel H. Whitney and Benjamin Sweet, be, and they are hereby created a body corporate and politic, by the name of “Trustees of Belvidere College,” and by that name to remain and have perpetual succession. The College shall be located at or near Belvidere, in the county of Winnebago. The number of trustees shall not exceed thirteen exclusive of the president or presiding officer, who shall, ex officio, be a member of the board of trustees. For the present the aforesaid individuals shall constitute the board of trustees, who shall fill the remaining vacancies at their discretion.
Object of incorporation
Sec. 2. The object of said incorporation shall be the promotion of the general interest of education, and to qualify young men to engage in the several employments of society, and to discharge honorably and usefully the various duties of life.
Corporate powers
To make contracts, sue and be sued
To purchase & sell property
To loan money belonging to said company
To have a common seal, and alter the same
To confer degrees
Sec. 3. The corporate powers hereby bestowed shall be such only as are essential or useful in the attainment of said object, and such as are usually conferred on similar bodies corporate, to wit: To have perpetual succession; to make contracts; to sue and be sued, to plead and be impleaded; to grant and receive by its corporate name, and to do all other acts as natural persons may; to accept and acquire, purchase or sell property, real, personal, or mixed; in all lawful ways to use, employ, manage, dispose of such property, and loan all monies belonging to said corporation, in such manner, not inconsistent with law, and as shall seem to the trustees best adapted to promote the objects aforesaid; to have a common seal, and to alter or change the same; to make such by-laws as are not discordant with the laws of the United States and this State; and to confer on such persons as may be considered worthy,
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such collegiate or honorary degrees, as are usually conferred by similar institutions.
Trustees may prescribe and regulate course of studies
Fix rate of tuition
Appoint instructors and other officers
Fill vacancies
Erect buildings
Purchase books & apparatus
Adopt manual labor system
No theological department to be established
Sec. 4. The trustees of said College shall have authority, from time to time, to prescribe and regulate the course of studies pursued in said College, 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, or all of them, as said trustees shall deem the interests of the said College require; to fill all vacancies among 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, if deemed expedient, a system of manual labor; to make rules for the general management of the affairs of the College, and for the regulation of the conduct of the students, and to add, as the ability of the said incorporation shall increase, and the interests of the community shall require, additional departments for the study of any or all of the liberal professions; Provided, always, That no theological department shall ever be established in said College.2
Trustees may remove other trustees for misconduct
No removal without giving notice
Sec. 5. If any trustee shall be chosen president of the College, his place as trustee shall be considered vacant, and the remaining trustees shall fill the vacancy. The trustees shall have power to remove any trustee from office for any dishonorable or criminal conduct; Provided, That no such removal shall take place without giving to such trustee notice of the charges exhibited against him, and an opportunity to defend himself before the board; nor unless two-thirds of the whole number of the trustees for the time being, shall concur in such removal. The trustees for the time being, in order to have perpetual succession, shall have power, as often as a trustee shall be removed from office, die, resign, or remove out of the State, to fill such vacancy. A majority of the trustees, for the time being, shall be a quorum to do business.
Shall apply all funds to use of academy
Shall apply bequests to the object of grant
Lands given to be sold within three years after donation
Sec. 6. The trustees shall faithfully apply all funds by them collected, according to their best judgment, in erecting suitable buildings; in supporting the necessary instructors, officers and agents; in procuring books, maps, charts, globes, philosophical, chemical and other apparatus, necessary to aid in the promotion of sound learning in the institution; Provided, That if any donation, devise or bequest, shall be made for particular purposes, accordant with the objects of the institution, the same shall be applied in conformity with the express condition of the donor or devisor; provided, also, That lands donated or devised as aforesaid, shall be sold or disposed of within three years from and after such donation or devise, unless the
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lands held in perpetuity by said institution, together with such donation or devise, shall not exceed six hundred and forty acres.3
Treasurer and other officers to give bond
To be approved by trustees
Sec. 7. The treasurer always, and all other agents when required by the trustees, before entering upon the duties of their appointments, shall give bonds, respectively, for the security of the corporation, in such penal sum, and with such securities as the board of trustees shall approve. And all process against said corporation shall be by summons, and the service of the same shall be by leaving an attested copy with the president or treasurer of the College, at least thirty days before the return day thereof.
Open to all denominations
Sec. 8. The said College and its preparatory department shall be open to all denominations of christians; and the profession of any particular 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.4
Approved, 1st March, 1837.
1James Craig introduced HB 209 in the House of Representatives on February 9, 1837 . On February 24, the House passed the bill. On February 27, the Senate passed the bill. On March 1, the Council of Revision approved the bill, and the act became law.
Illinois House Journal. 1836. 10th G. A., 1st sess., 529, 694, 737, 768, 794; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 525-26, 541, 572.
2In 1841, the General Assembly adopted an act repealing the restriction on theological departments at Belvidere College and other colleges.
3In 1841, the General Assembly passed an act that repealed the 640-acre limitation for Belvidere College and other colleges with similar restrictions.
4Prior to 1849, Illinois had no general incorporation law governing colleges and universities. Incorporators of prospective colleges 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.

Printed Document, 3 page(s), Incorporation Laws of the State of Illinois, Passed at a Session of the General Assembly (Vandalia, IL: William Walters, 1837), 200-02, GA Session: 10-1