In force, Mar.[March] 2, 1839
AN ACT to incorporate the Franklin Academy.
1
Body politic.
Name & style.
Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Solomon Clark, Meshack Morriss, William A. Roberts, Isaac Barber, John T. Knox, Ralph Elston, George P. Boyer, Matthew M. Cully, John P. Maddox, William J. Stephenson, 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 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.
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 think proper, fix upon a permanent seat for said institute, and proceed to erect buildings thereon as soon as convenient, and the interest of said institution may require.
Powers.
Sec. 3. The said trustees, or their successors, by the name aforesaid, shall be capable, in law, to purchase, receive, and
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hold, to themselves and 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 Franklin Institute.
Further powers.
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.
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 given ten days’ previous notice thereof.
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.
Sec. 7. The assent of the majority of the whole number of trustees shall be necessary to perform the following business, to wit: To 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.
By-laws.
Sec. 8. The trustees shall have power, from time to time, to establish such by-laws, rules, and ordinances, not contrary to the constitution and laws of this State, as they shall deem necessary for the said institute.
Officers.
Sec. 9. The trustees shall elect a president, treasurer, and clerk, to their own body, and so many inferiors, tutors, or masters as may be necessary; and upon the death, resignation, or legal disabilities of any of the trustees, president, or other officers of the said institute, the board of trustees shall supply the vacancy by ballot.
Bonds of officers.
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 summons (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.
Open to all.
Expulsion of students.
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 shall continue in office during good behaviour.
Special meetings.
Sec. 13. 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.

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Course of studies.
Buildings.
Books and apparatus.
Proviso.
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 rates 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 the 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 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 interests 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.
Vacancy.
Proviso.
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.
Approved, March 2, 1839.
1On February 20, 1839, Abraham Lincoln introduced this bill in the House. On February 26, the House passed the bill without amendment. On March 1, the Senate also passed the bill without further amendment. That same day, the Council of Revision approved the bill, and the act became law.
Journal of the House of Representatives, at the First Session of the Eleventh General Assembly, of the State of Illinois (Vandalia, IL: William Waters, 1838), 466, 486, 505, 524, 575-76, 589, 602, 606; Journal of the Senate, at the First Session of the Eleventh General Assembly, of the State of Illinois (Vandalia, IL: William Waters, 1838), 437, 480, 501, 508-09.

Printed Document, 3 page(s), Incorporation Laws of the State of Illinois, Passed by the Eleventh General Assembly (Vandalia, IL: William Walters, 1839), 168-70, GA Session: 11-1