South Carolina - Acts on Education Topics

An Act to Incorporate the Claflin University.

December 18, 1869

Acts and Joint Resolutions of the General Assembly of South Carolina 1869-70, Pages 302-303.

Section 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That A. Webster, T. W. Lewis, Samuel Weston, R. K. Scott, Thomas Philips, Abram Middleton, Simeon Corley and J. A. Sasportas, their associates and successors, are hereby constituted a body corporate, by the name of the Trustees of the Claflin University, and they and their successors, and such as shall be duly elected members of said corporation, shall be and remain a body corpo rate by that name forever; and for the orderly conducting of the business of said corporation, the said Trustees shall have power and authority, from time to time, as occasion may require, to elect a President, Vice-President, Secretary and Treasurer, and such other officers of said corporation as may be found necessary, and to declare the duties and tenures of their respective offices; and also, to remove any Trustee from the said corporation, when, in their judgment, he shall be rendered incapable, by age or otherwise, of discharging the duties of his office, or shall neglect or refuse to perform the same, and to elect new members of said corporation: Provided, nevertheless, That the number of members shall never be less than seven, and more than twenty-one, and their qualifications and term of service shall be fixed at the first meeting of the corporation, which may be appointed at the call by any three of the Trustees herein named, at any time after the passage of this Act.

Sec. 2. The said corporation shall have full power and authority to determine at what times and places their meetings shall be holden, and the manner of notifying the Trustees to convene at such meetings; and also, to establish boards of instruction in all departments of science and the arts, to elect a President of said University, and such professors, tutors, instructors, and other University officers, as they shall judge for the interest thereof, and to determine the duties, salaries, emoluments, responsibilities and tenures of their respective offices. And the said corporation is further empowered to hold and control the buildings formerly known as the Orangeburg Female College, located in the town of Orangeburg, in the County of Orangeburg, and State of South Carolina, to be hereafter known as the Claflin University, with all lands and appurtenances which may be transferred to said corporation, for the purpose of aiding and sustaining said institution in promoting the interests of education. This corporation may purchase or erect, and keep in repair, such houses and other buildings as they shall judge necessary for the said University; and also, to make and ordain, as occasion may require, reasonable rules, orders and by-laws, not repugnant to the Constitution and laws of this Commonwealth, with reasonable penalties, for the good government of the said University, and for the regulation of their own body; and also, to determine and regulate the courses of instruction and departments in said University, and to confer degrees: Provided, nevertheless, That no degrees shall be conferred except upon the recommendation of the appropriate Faculty, and the approval of the Trustees.

Sec. 3. That the said corporation may have a common seal, which they may alter or renew at their pleasure, and all deeds sealed with the seal of said corporation, and signed by their order, shall, when made in their corporate name, be considered in law as the deeds of said corporation; and said corporation may sue and be sued in all actions, real, personal and mixed, and may prosecute the same to final judgment and execution, by the name of the Trustees of Claflin University; and said corporation shall be capable of taking and holding in fee simple, or any less estate, by gift, grant, devise, bequest, or otherwise, any land, tenements, or other estate, real or personal : Provided, That the clear annual in come of the same shall not exceed fifty thousand dollars.

Sec. 4. That the clear rents and profits of all the estate, real and personal, of which the said corporation shall be seized and possessed, shall be appropriated to the maintenance and endowment of said University, in such manner as shall most effectually promote virtue, and piety and learning, in such of the languages, and of the liberal and useful arts and sciences as shall be recommended from time to time by the said corporation, they conforming to the will of any donor or donors in the application of any estate which may be given, devised or bequeathed for any particular object connected with the University.

Sec. 5. No instructor in said University shall ever be required by the Trustees to have any particular complexion or to profess any particular religious opinions as a test of office, and no student shall be refused admission to, or denied any of the privileges, honors, or degrees of, said University on account of race, complexion or religious opinions which he may entertain: Provided, nevertheless, That this Section, in reference only to religious opinions, shall not apply to the theological department of said University.

Sec. 6. That this Act shall take effect upon its passage.

D. T. CORBIN and CHAS. W. MONTGOMERY, Presidents of the Senate.
FRANKLIN J. MOSES, Jr., Speaker of the House of Representatives.
ROBERT K. SCOTT, Governor.

Approved: December 18, 1869.



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