South Carolina - Acts on Education Topics

An Act to Establish a College at Columbia.

December 19, 1801

The Statutes at Large of South Carolina - Volume V, Pages 403-405

WHEREAS, the proper education of youth contributes greatly to the prosperity of society, and ought always to be an object of legislative attention ; and whereas, the establishment of a college in a central part of the State, where all its youth may be educated, will highly promote the instruction, the good order and the harmony of the whole community:

I. Be it therefore enacted, by the honorable the Senate and the House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That his Excellency the Governor, his Honor the Lieutenant Governor, the honorable the President of the Senate, and the Speaker of the House of Representatives, the honorable the Associate Judges of the Court of Equity, shall be, ex-officio, together with General Charles C. Pinckney, H. W. Desaussure, Thomas Taylor, the Reverend D. E. Dunlap, the Reverend Mr. John Brown, of Lancaster, Wade Hampton, John Chesnut, James B. Richardson, Dr. Isaac Alexander, Henry Dana Ward, the Rev. Samuel W. Yongue, William Falconer, and Burtlee Smyth, be trustees, to continue in office for the term of four years from the passing of this Act, and at the expiration of the said four years, and every four years thereafter, the legislatuie to nominate thirteen trustees to succeed the said- thirteen persons above named, one body politic and corporate, in deed and in law, by the name of "The Trustees of the South Carolina College;" and that by the said name they and their successors shall and may have perpetual succession, and be able and capable in law to have, receive, and enjoy, to them and their successors, lands, tenements and hereditaments, of any kind or value, in fee, or for life or years, and personal property of any kind whatsoever, and also all sums of money of any amount whatsoever, which may be granted or bequeathed to them for the purpose of building, erecting, endowing and supporting the said college in the town of Columbia.

II. And be it enacted by the authority aforesaid, That there shall be a stated meeting of the said trustees on the first Wednesday in December in each year, during the session of the Legislature; and that the president of the said college, and four of the said trustees, shall have full power to call occasional meetings of the board whenever it shall appear to them necessary; and that at all stated meetings the president of the board of trustees aforesaid and ten of the trustees shall be the number to constitute a quorum, and to fill up, by ballot, any vacancies that may occur in the said trustees, except those who are hereby declared to be trustees ex-officio; and the president and six of the other trustees shall be the number to constitute an occasional meeting; and the said trustees, or a quorum of them, being regularly convened, shall be capable of doing or transacting all the business and concerns of the said college; but more particularly of electing all the customary and necessary officers of the said institution, of fixing their several salaries, of removing any of them for neglect or misconduct in office, of prescribing the course of studies to be pursued by the students; and, in general, of framing and enacting all such ordinances and by-laws as shall appear to them necessary for the good government of the said college: Provided the same be not repugnant to the laws of this
State nor of the United Stales.

III. And be it enacted by the authority aforesaid, That the head of the said college shall be styled "The President," and the masters thereof shall be styled "The Professors;" but professors, while they remain such, shall never be capable of holding the office of trustee; and the president and professors, or a majority of them, shall be styled "The Faculty of the College;" which faculty shall have the power of enforcing the ordinances and by-laws adopted by the trustees for the government of the pupils, by rewarding or censuring them, and finally, by suspending such of them as, after repeated admonitions, shall continue disobedient or refractory, until a determination of a quorum of trustees can be had; but that it shall be only in the power of a quorum of trustees, at their stated meeting, to expel any student of the said college.

IV. And be it enacted by the authority aforesaid, That the trustees of the said college shall and may have a common seal for the business of themselves and their successors, with liberty to change or alter the same, from time to time, as they shall think proper; and that, by their aforesaid name, they and their successors shall and may be able to implead and be impleaded, answer and be answered unto, defend and be defended, in all courts of law within this State: and to grant, bargain, sell or assign, any lands, tenements, hereditaments, goods or chattels; and to act and do all things whatsoever, for the benefit of the said college, in as ample a manner as any person or body politic or corporate can or may by law.

V. And be it enacted by the authority aforesaid, That the trustees of the said college are hereby authorized and empowered to draw out of the treasury of this State the sum of fifty thousand dollars, to be appropriated to the purpose of erecting a building of brick or stone, and covered with tile or slate, suitable to the accommodation of the students of the said college, and suitable for fully carrying on the education of the said students, and for the erection of such other buildings as may be necessary for the use of the said college; and that the comptroller be authorized and empowered, upon application of the said trustees, to pay over to said trustees the sum of six thousand dollars, yearly and every year, to be appropriated to the purpose of paying the salaries of the faculty of the said college, and for the further support of the same; and that the trustees of the said college shall be accountable for the proper appropriation of the said monies, to the comptroller, who shall report thereon annually to the legislature.

VI. And be it enacted by the authority aforesaid, That this Act shall be deemed a public Act, and as such shall be judicially taken notice of, without special pleading, in all the courts of law or equity within this State.

VII. And be it further enacted, by the authority aforesaid, That the said trustees, with the concurrence of the commissioners of Columbia, shall be empowered to make choice of any square or squares, yet unsold, in the town of Columbia, for the purpose of erecting said college, and the buildings attached thereto, having strict reference to every advantage and convenience necessary for such institution.

In the Senate, the nineteenth day of December, in the year of our Lord one thousand eight hundred and one, and in the twenty sixth year of the Independence of the United States of America.

JOHN WARD, President of the Senate.
THEODORE GAILLARD, Speaker of the House of Representatives.

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