In force, Feb.[February] 21, 1839.
AN ACT to incorporate the Jefferson Institute.
1Body politic.
Name & style.
Powers.
Sec. [Section]1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Cyrus Avery, William Ames, Dea May, Peter Payne, S. P. Hyde, Albert Stone, John W. Lawrence, Geo. T. Kasson, James Shinn, Alfred E. Ames, 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 Jefferson Institute,” and by that name have perpetual succession, and have a common seal, with power to change the same at pleasure; and may make by-laws
for the regulation of the said institute, not inconsistent with the constitution and
laws of the United States or of the State of Illinois; and may confer, on such persons as may be considered worthy, such collegiate or
honorary degrees as are usually conferred by similar institutions.
Sec. 2. That the said trustees shall be authorized 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.
Location.
Sec. 3. That the said trustees shall hold their first stated meeting at the town of Amesville, in the county of Boone, 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 think proper, fix upon a place, in township 44 north, range 4 east, of the third principal meridian,
for a permanent seat for said institution, and proceed to erect buildings thereon as soon as convenient, and the interest of
the said institution may require.
Further powers.
Sec. 4. The said trustees, or their successors, by the name aforesaid, may sue and be sued, plead and be impleaded, in any court of law or equity in this
State; and 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 chattels, of what kind soever, which shall
be given or devised to, or purchased by, them for the use of the Jefferson Institutue.
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Quorum.
Adjournment.
Sec. 5. Eight members shall be sufficient to constitute a board for the transaction of all
business respecting the said institution, excepting those cases particularly excepted: Provided, in case a sufficient number of members do not attend to constitute a board at any
meeting, those who do attend may adjourn sine die, or to any day thereafter, or next stated meeting.
Sec. 6. 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.
President and treasurer.
Sec. 7. The trustees shall elect a president, treasurer, and clerk to their own body, and
so many professors, trustees, or masters as may be necessary; and upon the death,
resignation, or legal disability of any of the trustees, president, or other officers
of said institute, the board of trustees shall supply the vacancy by ballot.
Bond.
Process.
Sec. 8. The president and other officers of the said institute shall be subject to the direction of the board of trustees, and continue in office
during good behaviour. 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 bonds for the security of the corporation, in such penal sum and with such security as the board of trustees shall approve;
and all process against the said corporation shall be by summons, and service of the same shall be by leaving one attested copy
with the treasurer of the institute at least thirty days before the return day thereof.
Sec. 9. The said institution 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 expelled, or suspended, from said institution, whose habits are idle or vicious, or whose moral character is bad.
Special meetings.
Sec. 10. The president of the board of trustees shall 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.
Course of studies.
Proviso.
Sec. 11. 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, 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 the necessary
buildings; to purchase books and chemical and
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philosophical apparatus, and other suitable means of instruction; to put in operation
a system of manual labor for the purpose of lessening the expenses of education, and
promoting the health of the students; to make rules for the general management of
the affairs 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 authorize the establishment of a theological
department in said institution.2No. of trustees
Sec. 12. The number of said trustees shall not exceed thirteen, eight of whom shall reside
in the township aforesaid.
Proviso.
Sec. 13. The trustees shall have power to supply any vacancies which may occur in their
body, and remove any member from the same for dishonorable or criminal conduct: Provided the member implicated shall have opportunity to defend himself before the board,
and two-thirds of the whole number of the trustees concur in the removal.
Proviso.
Sec. 14, The lands and tenements to be held in perpetuity, by virtue of this act, shall
not exceed six hundred and forty acres: Provided, however, That, if any donation, grant, or devise in land shall, from time to time, be made
to said corporation, over and above the six hundred and forty acres held in perpetuity as aforesaid,
the same may be received and held by said corporation for the period of six years from the date of any such donation, grant, or devise;
at the expiration of which time, if the said lands be not sold by the said corporation, then the said lands so donated, granted, or devised, shall revert to the original
donor or grantor, or to the heirs of said devisor of the same.3
Sec. 15. This act shall be in force from and after its passage.4
Approved, February 21, 1839.
1On January 19, 1839, Representative William W. Roman introduced HB 164 in the House of Representatives. On February 5, the House passed the bill. On February 19, the Senate passed the bill. On February 21, the Council of Revision approved the bill and the act became law.
Journal of the House of Representatives of the Eleventh General Assembly of the State
of Illinois, at Their First Session, Begun and Held in the Town of Vandalia, December
3 1838 (Vandalia, IL: William Walters, 1838), 239, 254, 280, 350, 453, 471, 475; Journal of the Senate of the Eleventh General Assembly of the State of Illinois, at
Their First Session, Begun and Held in the Town of Vandalia, December 3, 1838 (Vandalia, IL: William Walters, 1838), 284, 330, 353, 381.
2In 1841, the General Assembly adopted an act repealing the restriction on theological departments at the Jefferson Institute and other similar institutions.
3In 1841, the General Assembly passed an act that repealed the 640-acre limitation for the Jefferson Institute and other institutions with similar restrictions.
4 Prior 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 by the Eleventh General Assembly (Vandalia, IL: William Walters, 1839), 86-88, GA Session 11-1,