'•j,^« ^ ,;- * . ' Richard Stillwell, of Richmond Co. ^74 University Coonvcation. Saturday^ the Eighth day of November^ 1746. * * * * Present — [as on the 29tli day of October, and] Philip Courtlanut, and Stephen Bayard, Esq". * * * • * The Council Resolved tlienisclves into a Committee to consider of the following Bills, viz* The Bill entituled, "An Act" [etc., as above] * w * * The Committee having duely weighed & considered of the said four Bills and being ready to make their Report thereon The Speaker resumed the Chair Ordered^ That the said Report be made immediately Then the Hono''^*^ Daniel Horsmanden Esq'' Chairman of the said Committee in his place Reported that the Committee had gone through the said four Bills and had directed him to report tliem without amendment AVhich Report on the Question being put was agreed to ife approved of and the Bills severally Ordered a third Read" Then the said four Bills were read the third time and On the Question being severally put liemolvt'd, that the said Bills do pass Ordered, that the Ilono''''^ Daniel Horsmanden Esq'' do acq' the General Assembly that the Council have passed the said four Bills witliout amendment * -;•:- * ■}{• [In General Assembly.] Die LuiKE, 3 ho. P. M. Nov. 10, 1746. * -X- * -jf A .Message from the Council, l)y the honourable Daniel Horsman- den, Esq ; aciiuainting this House, That the Council have passed the following Jjjlls without Amendment, viz. The Bill, entitled, An Act [etc., as above]. Die Sahatii, 9 ho. A. M. Dec. 6, 1746 ""' His Excellency Avas pleased to give his Assent to thn-teen I5ills, passed this Session, the Titles whereof are, viz. -» * * 9. An Act,/o;' raising the Sum. of, [etc., as above]. Annals of Public Education. 175 An Act for' Raising the Sum of Two Thousand Two Hundred and Fifty Pounds hy a Public Lottery, for this Colony for the Advancement of Learning da Towards the Founding a CoUedge within the same. Passed Decmnber 6. 1746. In as much as it will greatly Tend to the Wellfare & Reputation of the Colony That a Proper & Ample Foundation be Laid for the Regular Education of Youth, & as so good & Laudable a design must readily excite the Inhabitants of this Colony to become Adventurers in a Lottery of which the Profits shall be Employed for the founding a CoUedge for that Purpose. Be it enacted by his Excellency the Governour, the council and the General Assembly, and it is hereby enacted by the Authority of the Same, That a Lottery be Erected within this Colony, and that for & towards the Raising the Sum of Two Thousand Two Hundred & Fifty Pounds, it shall & may be Lawfiill, For any Person or Persons, Natives or Foreigners, bodies Politick or Corporate, To contribute by Paying at or before the respective Times by this act Limited in that behalf, to any Person or Persons hereinafter to be appointed for that purpose, The sum of one Pound Ten Shillings or Divers entire Sums of one pound Ten Shillings upon this act, and that every contributor or Adventurer, For every such sum of one pound Ten Shillings which he she or they shall so advance. Shall be Interested in Such Lott or Share of & in the said Lottery Established by this act, as is hereinafter Directed & appointed, and the Same Entire Sums of one Pound Ten Shillings Each, are hereby appointed to be paid unto such Person or Persons as aforesaid on or before the first Day of June next. And be it further Enacted by the Authority aforesaid Tiiat Peter Yallete and Peter Yan Brugh Livingston shall be managers for Pre- paring & Delivering out Tickets Receiving of money for the said Tickets, & to oversee the Drawing of Lotts, and to order do & Per- form such otlier matters & Things as are hereafter in & by this act Directed & appointed by such managers to be done & Performed, and That such managers, shall meet Together from time to time, at some Public Place as to them shall seem most convenient for the execution of the Powers & Trust in Them Reposed by this act, and that the said managers. Shall cause Books to be prepared in which every Leaf shall be Divided or Distinguished into Three columns and upon tlie Innermost of the said three columns, there shall be printed Ten Thousand Tickets numbered, one. Two, Three and so onwards in Arithmetical Progression where the common excess is to be one, until they arrive to and for the number of Ten Thousand, and upon the middle column in every of the said Books shall be Printed Ten Thousand Tickets of the same Breath &c form, and numbered in like manner. And in the exti'eam column of the said Books there shall be Printed a Third Rank or Series of Tickets of the same number with those of the other two columns, which Tickets shall Severally be of an oblong Figure, and in the said Books shall be Joined with oblique Lines, Flourishes or Devices, in such manner as the said Mana- gers shall think most safe & convenient, and that every Tioket in the 176 UmVEHSITY COXVOCATJON. Extreain or third culuinns of the said Books shall have Printed there- upon, besides the number, The following words viz. " The Possessor of this Ticket if drawn a Prize siiall be Entituled to the Prize so Drawn, subject to such Deduction as is Directed by an Act of this colony in that behalf And it is further Enacted by the Authority aforesaid, That the said Managers, shall carefully examine all the said Books, withthe Tickets therein, and that the same be contrived, numbered tfe made according to the True Intent & meaning of this Act, and all and Every such Manager Respectively is and are hereby Directed & Required upon his or their Receiving of every or any Entire Sum of one Pound Ten Shillings in full Payment for a Ticket, From any Person or Persons contributing or Adventuring as aforesaid To cut out of said Book or Books, through the said oblique Lines, Flourishes or Devices, indentwise a Ticket of the Tickets in the said Extream Columns which one of the said Managers shall sign with his own name, and he or they shall Permit the contributer or Adventurer [if it be Desired] to write his or her name or Mark on the two corre- sponding Tickets in the same Book and at the same time the said Managers, or one of Them shall Deliver to the said contributer or Adventurer the Ticket so cut off, which He She or They are to keep & use for the belter ascertaining ct securing the Interest, which he she or They, his, her, or their Executors, Administrators, or Assigns shall or may have in the said Lottery for the monies so by him her or Them contril)uted or Adventured, until the said adventure by the Drawing the Lots, and the Payment of such Tickets as shall be For- tunate shall be fully Determined. And be it further Enacted, That the said Managers at a Meeting as aforesaid shall cause all the Tickets of the nnddle columns in the books. To be cut indentwise through the said oblique Lines, Flour- ishes or Devices and carefully rolled up as much alike as may be & made fast with Thread, and in the Presence of such contributors or Adventurers as will be there present, cause all the said Tickets \vhieh are to be Rolled up «fe made fast as aforesaid to be put into a Box to be Prepared for that Purpose, and to be marked with the letter (A) which is presently to be put in another strong Box & to be Locked up with two Different Locks & Keys, to be kept by as many mana- gers and Sealed with their Seals, until the said Tickets are to be Drawn as is hereinafter mentioned and that the Tickets in the tirst or Innermost Columns of the said Books shall remain still in the Books, for Discovering an}' mistake or Fraud if any such should hap- pen to be committed contrary to the true Intent t'in«;- Prepared for Drawing, sluill cause the two Boxes contain- iiTg tlu; Biiid Tickets, To be severally taken out of the other two jinxes in which they shall have been Locked up, and the Tickets or J.ots ill the Ucsi)ective Innermost Boxes, being in t!ie Presence of the said Managers and of such Adventurers as will be there Present lor the Satisfaction of Themselves, well shaken & mingled in Each IJox distinctly, ct some one Indiiferent i^ iitt Person to be appointed ^ Directed by the Managers, shall take out & Draw one Ticket from the Pox, where the said' Numbred Tickets shall be as aforesaid Put, anlank, then the numbred Ticket so Drawn, with the said P>laid< at the same time Drawn, shall be wrote u|)on Plank, and shall both be put on one File, and if the Tickets so Drawn or taken out of the Pox containing the Fortunate & Plank Ijots shall appear to be one of the Fortunate Tickets then the sum wi-itten upon such Fortunate Ticket [whatever it may be] shall be entered by the CMerks so appointed, into the Books prepared for that Purposi", "Together with the Number coming up with the said Fortu- nate Ticket, and one of the said Managers shall set their Name as witness to Every such Entry, and the said Fortunate day of October ITttS I assent to this Bill Enacting the Same and Order it to be Enrolled, G CLINTON City of New York Die Mercurii y*= 19*'' of October 1748. In the Twenty Second year of his Ma tys reign General Assembly for the colony of New York. This bill having been read three Times Kesolved this bill do Pass. DAVID JONES Speaker (Endorsed) Die Mercurii y« W^ of Octo"" 1748 Tins bill l)eing Passed Ordered That M[ Nicol & W Cruger do carry this bill to the council and desire their concurrence. Council^ chamber New York, 20*" Ocf 1748. This bill was then read the first Time & Ordered a second Reading Oct 24, Read the second Time & Ordered to be Committed. Oct 25, Reported without Amendment and Read the third Tinje & Passed G^ BANYARi 'MS. Laws, in Office of Sec'y of State. Annals of Public Education. 191 An ACT for vesting in Trustees, the Siim of Three Thousand Four Hundred and Forty-three Pounds, Eighteen Shillings, raised hy Way of Lottery, for erecting a College within this Colony. Pass'd the 25th of November, 1751. Whereas the Sum of Three Thousand Four Hundred and Forty- three Pounds, Eighteen Shillings, has been raised within this colony, by Way of Lottery, for erecting a College for the Education of Youth, within the same ; which Sum being not. conceived suffi- cient, without further Addition, to answer the said End of erecting, eonipleating and establishing a College for the Advancement of useful Learning, it is conceived necessary, that Trustees be appointed, as well for the setting at Interest the said Sura of Three Thousand Four Hundred and Forty-three Pounds, Eighteen Shillings, already raised for the said Purpose, as for receiving the contributions and Donations of such Persons as may be charitably disposed, to be Benefactors and Encouragers of so laudable an Undertaking : L Be it therefore Enacted hy Ms Excellency the Governor, the Council and the General Assembly, and it is hereby Enacted hy the Authority of the same. That the eldest Councellor residing in this Colony, the Speaker of the General Assembly, and the Judges of the Supreme Court, the Mayor of the city of New-Yorlt, and the Treasurer of this Colony, for the Time being, together with James Livingston,Yi&(\; Mr. Eenja'minJV^icoll, and. M.r. William Livingston, or the Survivor or Survivors of them, the said James Livingston, Benjamin Nicoll, and William Livingston, shall be, and hereby are appointed Trustees for managing the said Sum of Three Thousand Four Hundred and Forty-three Pounds, Eighteen Shillings, and for managing any other Sum or Sums of Money, Lands, Goods, or Chattels, which may be contributed or given, by any Person or Persons what- soever ; to be imployed for the said Use and Purpose, of erecting, com- pleating, and establishing a College, for the Advancement of Learn- ing, within this Colony : All which said Sum and Sums of Money, they, the said Trustees, and the major Part of them, and of the Survivors of them, shall be, and hereby are irapowered, required, and directed, to put out at Interest, yearly, and every Year, together with the Inter- est arising thereon, until the same shall be employed for the Use and Purpose of erecting and establishing a College for the Advancement of Learning, within this Colony, in such Manner as shall, by some Act or Acts hereafter to be passed for that Purpose, be directed. II. And be it further Enacted hy the Authority aforesaid. That if any Lands, Tenements, or Hereditaments, shall be given by any Person or Persons whatsoever, towards founding the said College, the aforesaid Trustees, and the major Part of them, and of the Survivors of them, shall be, and hereby are enabled, to let the same to farm, to the best Advantage, for advancing the said Undertaking, rendering the Rent to the Treasurer of this colony, for the Time being, for the Use and Purpose aforesaid. III. And be it further Enacted hy the Aiithority aforesaid, That the Treasurer of this Colony shall, and he is hereby required and directed, to pay to the Borrowers, such Sum and Sums of the Money 1^2 University Convocation. aforesaid, from Time to Time, as shall be specified in the Securities by them to be given, with the Consent of the major Part of the Trustees aforesaid, or of the Survivors of them ; which Securities shall be, in the Names of two or more of the Trustees aforesaid con- senting, with Conditions for the Payment of the Money and Interest there-from arising, to the Treasurer of this Colony, for the Time being, for the Use and Purpose aforesaid : And such Securities, given as aforesaid, shall be to the said Treasurer, good Vouchers and Discharges for the Sums paid theroun by him, and therein men- tioned. IV. And be it futher Enacted hy the Authority aforesaid, That the aforesaid Trustees shall be, and hereby are enabled, to receive Proposals from any of the Cities or Counties within this Colony, which shall be desirous of having the said College erected within their said Cities or Counties, touching the placing or fixing the same therein, respectively ; and the said Trustees, and every of them, shall be, and hereby are required, to render a just and true Account on Oath, of all their Proceedings in the Premisses, to the Governor, Council, and General Assembly, when by them, or any of them, thereunto required.^ * * Of these trustees, ten in number, two belonged to the Dutch Reformed Church, one was a Presbyterian, but seven were members of the Church of England, and some of these seven were also vestrymen of Trinity Church. These circumstances — the known sentiments of this large majority of the trustees — their well under- stood, and very natural desire, that the proposed college should be connected with their church — might sufiiciently account for the offer made to them by Trinity Church, not long after their appointment, " of any reasonable quantity of the Church farm, * * for erect- ting, and use of a college ;" * * however, * * it may not unreasonably be inferred, that the then recent grant of the King's Farm to that corporation, had been made with a view to the advance- ment of learning as well as of religion ; that some condition to that effect had been at least implied, oti occasion of that grant. If such were the case, the present offer from the church was but the carrying out, after a lapse of fifty years, of this original design. * * The jealous apprehensions entertained of any, the smallest, approach to a church-establishment within the province, caused vio- lent opposition to the plan, as soon as it became known, of obtaining a royal charter for the college. This determined opposition to the plan of the Trustees, was maintained chiefly by one of their number, the only Presbyterian at their Board, Mr. William Livingston ; a gentleman, hy his birth, his connexions and his position in society; by his superior education, his industry and talents as a lawyer, already eminent ; and afterwards, in the various high stations which he filled, greatly distinguished for patriotic devotion to his country. A declared enemy of all church establishments, he, in this matter of the college, was actuated by conscientious, probably, but mistaken views of the ' Livingston and Smith, i, 450. Annals of Public Education. 193 design and tendency of the incorporation which he so zealously endeavored to defeat. With this view, he commenced on the 22d of March, 1753, in The Independent Reflector, a paper published under his direction, his " Remarks on our intended College." After con- sidering, first, the great importance of the institution, he goes on, in subsequent numbers, to discuss the proper mode of its establishment, which he insists should be, not by Charter, but by Act of A&semhly : in whicli case it was taken for granted, that the plan of the institu- tion would be more consistent with the views of those who professed themselves advocates "for constituting a college on a basis the most catholic, generous and free." ^ * * -St * It seems proper to add to the above statement by President Moore, that this Mr. Livingston was a grandson of Robert Livingston, who came to this country from Scotland about the year 1675 ; the father of Philip, Robert and Gilbert, the first of whom had two distinguished sons : Philip, one of the signers of the Declara- tion of Independence, and William, the subject of this notice. The latter graduated at Yale College in 1741, and was for some fourteen years governor of ISTew Jersey, which office he held at the close of his life in 1790. He was a delegate from that State to the Conven- tion of 1787, for framing the federal constitution. One of the standard editions of the Colonial Laws of New York (Livingston and Smith's) perpetuates his name in connection with that of Mr. William Smith, from whose History we have already quoted. Chan- cellor Robert R. Livingston was a son of Robert, and hence second cousin of William. Mr. Livingston's acknowledged prominence among the opponents of certain views and measures which finally prevailed in the estab- lishment of the College, seem to entitle his controversial writings to a place among the Educational annals of the period under considera- tion ; and for this reason we copy verbatim and entire the articles in the Indapendent Reflector relating to the College. Each article filled, with slight exception, a number of the paper (or rather tract), which, though in newspaper form, was not a wei/jspaper in the ordinary sense of the term. The papers are subscribed " Z.," " A.," "B.," "A. & Z.," and "Academicus" ; all which seem to indicate various authors, although the articles themselves are characterized by an apparent unity of style. ^ Moore's Hist. Sketch, pp. 8-10. 13 THE IISTDE PENDENT I^EFEECTOR. NUMBEK XVII. ©hur^xlay, Pavch 23, 1753. MemarJcs on our intended College, Nullum non posse 7najus ■meliusve Reipublicce afferre munus, Quam docendo et erudiendo Juventnfem. Cicero. THE Design of erecting a College in this Province, is a Matter of such grand and general Importance, that I have frequently made it the Topic of my serious Meditation. Nor can I better employ my Time than by devoting a Course of Papers to so interest- ing a Subject. A Subject of universal Concernment, and in a pecu- liar Manner involving in it, the Happiness and Well-being of our Posterity ! The most convenient Situation for fixing the Fabric, tho' obvious on the least Reflection, has been made Matter of laborious Enquiry, as well as afforded a copious Fund for private Conversation. That the College ought to be plac'd in or near this City, appears evident from numberless Arguments, that naturally occur to the most super- ficial Tliinker, But Mdiile we have been amusing ourselves with disputations concerning the Situation of the Building we have been strangely indolent about its Constitution and Government, in Com- ])arison of which, the other is a Trifle that scarce deserves Attention. To expatiate on the Advantages of Learning in general, or a liberal Education in particular, would be equally impossible and useless. Impossible from the narrow Limits of my Paper: And useless, because no Arguments that can be urged, are capable of rendering the Assertion more evident, than the irresistible Demonstrations of Experience. That the C(tllege ought therefore to be situated near our Metrop- olis, and that it will be productive, if properly regulated, of unspeak- able Benefit to this Province, 1 shall lay down as two po.sUdata not to be questioned. Hkfokio we engage in any Undertaking, common Prudence requires us maturely to consider the End we propose, and the means most con- ducive to its Attainment. To imagine that our Legislature, by raising the present Fund for the College, intended barely to have our Children instructed in Greek and Lftflti, or the Art of making Exercises and Verses, or disputing in Mood and Figure, were a Sui)position absurd and defamatory. For these J3ranches of Literature, however useful as preparatory to Annals of Public Education. 195 real and substantial Knowledge, are in themselves perfectly idle and insigniiicant. The true Use of Education, is to qualify Men for the different Employments of Life, to which it may please God to call them. 'Tis to improve their Hearts and Understandings, to infuse a public Spirit and Love of their Country ; to inspire them with the Principles of Honour and Probity ; with a fervent Zeal for Liberty, and a diffusive Benevolence for Mankind ; and in a Word, to make them the more extensively serviceable to the Common-Wealth. Hence the Education of Youth hath been the peculiar Care of all the wise Legislators of Antiquity, who thought it impossible to aggrandize the State, without imbuing the Minds of its Members with Virtue and Knowledge. Nay, so sensible of this fundamental Maxim in Policy, were Plato, Aristotle, and Lycukgus, and in short all the ancient Politicians who have delivered their Sentiments on Government, that they make the Education of Youth, the principal and most essential Duty of the Magistrate. And, indeed, whatever literary Acquirement cannot be reduced to Practice, or exerted to the Benefit of Mankind, may perhaps procure its Possessor the Kame of a Scholar, but is in Reality no more than a specious Kind of Igno- rance. This, tlierefore, I will venture to lay down for a capital Maxim, that unless the Education M^e propose, be calculated to render our Y^outh better Members of Society, and useful to the Public in Proportion to its Expence, we had better be without it. As the natural Consequence of this Proposition, it follows, that the Plan of Education the most conducive to that End is to be chosen, and what- ever has a Tendency to obstruct or impede it, ought carefully to be avoided. The Nature, End and Design of such Seminaries, is to teach the Students particular Arts and Sciences, for the Conduct of Life, and to render them useful Members of the Community. " Science in Pro- "priety of Language signifies, a clear and certain Knowledge of " anything, founded on self-evident Principles or Demonstration : " Tho' in a mere particular and imperfect Sense, it is used for a Sys- "tem of any Branch of Knowledge, comprehending its Doctrine, " Peason and Theory, without an immediate Application thereof to " any Uses or Offices of Life." This twofold Definition of the Word Science, I may probably have Occasion to make use of hereafter. The vast Influence of any Education upon the Lives and Actions of Men, and thence by a kind of political Expansion, on the whole Community, is verified by constant Experience. Nay, it discriminates Man from Man, more than by Nature he is differenced from the Brutes : And beyond all doubt much greater was the Disparity between the renowned Mr. Locke, and a common Hottentot, than between the latter and some of the most sagacious of the irrational Kingdom. But the Influence of a Collegiate Education, must spread a wider Circle proportionate to the Number of the Students, and their greater Progress in Knowledge. The Consequences of a liberal Education will soon be visible throughout the whole Province. They will appear on the Bench, at the Bar, in the Pulpit, and in the Senate, and unavoidably affect our 196 University Convocation. civil and religions Principles. Let ns addncc, a few Arguments from Reason, Experience and llistoiy. A YOUTHFUL Mind is snsceptible of almost any Impression. Like the ductile Wax, it receives the Image of the Seal without the least Resistance. " What is learned at that tender Age, says Quintilian, is "easily imprinted on the Mind, and leaves deep Marks behind it, "which are not easily to be effaced. As in the Case of a new Vessel, "which long preserves a Tincture of the first Liquor poured into it: "And like Wool which can never recover its primitive Whiteness " after it has once been dyed ; and the Misfortune is, that bad Habits " last longer than good Ones." The Poet Houace, to Avhom it must have been very natural to draw Similes from Liquor, makes use of the same comparison. Quo semel est imbuta 7'ece7is, servabit odoreni Testa dhi. — What season\l first the Vessel, keeps the Taste. Creech. The Principles or Doctrines implanted in the Minds of Youth, grow up and gather Strength with them. In Tinje tliey take deep Root, pass from the Memor}^ and Understanding to the Ileai't, and at length become a second Nature, which it is almost impossible to change. While the Mind is tender and flexible, it may be moulded and man- aged at Pleasure : But when once the Impressions are by Practice and Habit, as it were incorporated with -the intellectual Substance, they are obliterated with the greatest Diiliculty. Frangas enlm citius quani covrigas., quae in pravuni Induerunt., said an Author, alike celebrated for his Skill in Rhetoric, and his Knowledge of Mankind. Fkom these Premisses, the natural Inference is, that we cannot be too cautious in forming the human Mind, so capable of good, and so passive to evil Impressions. There is no Place where we receive a greater Variety of Impres- sions, than at Colleges. Nor do any Instructions sink so deep in the Mind as those that are there received. The Reason is, because they are not barely imprinted by the Preceptor, as at inferior Schools; but perpetually confirmed and invigorated by the Suscipients themselves. Tho' * Academies are generally Scenes c»f endless JDisputations, they are seldom Places of candid Lxpiiry. The Students not only receive the Dogniara of their Teachers with an implicit Faith, but are also con- stantly studying how to support them against every Objection. The System of the College is generally taken for true, and the sole Busi- ness is to defend it. Freedom of Thought rarely penetrates those contracted mansions of systematical Learning. But to teach the rstablish'd notions, and maintain certain lly|)otheses, hie LaJ>or hoc opus est. Every Deviation from tiie beaten Tract is a kind of literary Heresy ; and if the Professor be given to Excommunication, can scarce escape an Anathema. Hence that dogmatical Turn and Impa- * Note. Thdt for the f/miter wiriety of Lanr/iuu/e, I shall use the Words Academy, College, (Did University, as .y/mnimous Terms; tho\ in strict Propriety, tliey are far from being equipollent Expressions. Annals of Public Education. 197 tience of Contradiction, so observable in the Generality of Academies. To this is also to be referred, those voluminous Compositions, and that learned Lumber of gloomy Pedants, which has so long infested and corrupted the World. In a Woi'd, all those visionary Whims, idle Speculations, fairy Dreams, and party Distinctions, which contract and imbitter the Mind, and have so often turn'd the World topsy-turvy. I MENTION not this to disparage an academical Education, from which I hope I have myself received some Benefit, especially after having worn oif some of its rough corners, by a freer Conversation with Mankind. The Purpose for which I nrge it, is to shew the narrow Turn "usuall}^ prevailing at Colleges, and the absolute Necessity of teaching Nothing that will afterwards require the melancholy Retro- gradation of being unlearned. From this Susceptibility of tender Minds, and the extreme Diffi- culty of erasing original Impressions, it is easy to conceive, that what- ever Principles are imbibed at a College, will run thro' a Man's whole future Conduct, and affect the Society of which he is a Member, in Proportion to his Sphere of Activity ; especially if it be considered, that even after we arrive to Years of Maturity, instead of entering upon the difficult and disagreeable Work of examining the Principles we have formerly entertained, we rather exert ourselves in searching for Arguments to maintain and support them. Tho' I have sufficiently shewn the prodigious Influence of a College upon the Community, from the Nature and Heason of the Thing, it may not be improper, for its farther Corroboration, to draw some Proofs from Experience and History. At Harvard College in the Massachusetts -Bay, and at Yale Col- lege in ConnediGut, the Presbyterian Profession is in some sort established. It is in these Colonies the commendable Practice of all who can afford it, to give their Sons an Education at their respective Seminaries of Learning. While they are in the Course of their Edu- cation, they are sure to be instructed in the Arts of maintaining the Religion of the College, which is always that of their immediate Instructors ; and of combating the Principles of all other Christians whatever. When the young Gentlemen, have run thro' the Course of their Education, i\\ey enter into the Ministry, or some Offices of the Government, and acting in them under the Influence of the Doctrines espoused in the Morning of Life, the Spirit of the College is trans- fused thro' the Colony, and tinctures the Genius and Policy of the public Administration, from the Governor down to the Constable. Hence the Episcopalians cannot acquire an equal Strength among them, till some new Regulations, in Matters of Religion, prevail in their Colleges, which perpetually produce Adversaries to the hier- archical System. Nor is it to be question'd, that the Universities in North ?iw(\. South -Britain, greatly support the different Professions that are establish'd in their respective Divisions. Sensible of the vast Influence which the Positions and Principles of Colleges have upon the public, was that politic Prince King Henkt the Eighth, No sooner had he determined to repudiate his Queen, ]^98 University Convocation. thro' liis Love for Anne Boleyn, than, the better to justify his Divorce, or rather to guard himself against the popular Resentment, by the Advice of Ckanmek, the State of his Case was laid before all tlie Uni- versities, who, agreeable to his Wishes, determined his marriage with Catherine, to be repugnant to the divine Law, and therefore invalid. In the Reign of King James IL of arbitrary and papistical Memory, a Pi-oject jesuitically artful, was concerted to poison the Nation* bv filling the Universities with popish and popishly-affected Tutors ; and but for our glorious Deliverance, by the immortal William, the Scheme had been sufficient, in Process of Time, to have introduc'd and establish'd, the sanguinary and antichristian church of Home. Since then, the extensive Influence of a College so manifestly appears, it is of the last Importance, that ours be so constituted, that the Fountain being pure, the Streams (to use the Language of Scripture) may make glad the City of our GOD. Li. JT HOPE my Correspondents toill not be displeased, at seeing the -*■ 1* ublication of their Letters thus long deferred, after assuring them, that thd' they have, contrary to my inclination, been unavoid- ably postponed, they will by 7io means be forgotten • but receive due Honour, as soon as possible, after I have finished my Remarlts on the College / which, for its great Importance, will probably engross four or five of my succeeding Numbers. New-York: Printed by J. Parker, a< tlw New Printing-Office in Beaver-Street, ij^ whom Letters to the Author are carefully delivered. Number XVIII. THURSDAY, MARCH 29, 1753. A Continuation of the same Subject. Tros ButtUusvefuaC, nulla dincritnine habebo. ViRO. I HAVE in my last Paper shewn, from Reason, Experience and History, the vast Influence of a College, upon the civil and religious Principles of the Community in which it is erected and supported. I shall now proceed to offer a few Arguments, which I submit to the Consideration of my Countrymen, to evince the Necessity and Importance of constituting our College upon a Pasis the most catholic, generous and free. It is in the first Place observable, that unless its Constitution and Government, be such as will admit Persons of all protestant Denominations, upon a perfect Parity as to Privileges, it will itself be greatly prejudiced, and prove a Nursery of Animosity, Dissentiou Annals of Public Education: 199 and Disorder. The sincere Men of all Sects, imagine their own Pro- fession, on the whole, more eligible and scriptural than any other. It is therefore very natural to suppose, they will exert themselves to weaken and diminisli all other Divisions, the better to strengthen and inlarge their own. To this Cause must in a great Measure be ascribed, that Heat and Opposition, which animate the Breasts of many Men of religious Distinctions, whose intemperate and mis- applied .Zeal, is the only Blemish that can be thrown upon their characters. Should our College, therefore, unhappily thro' our own bad Policy, fall into the Hands of an}' one religious Sect in the Province : Should that Sect, which is more than probable, establish its religion in the College, shew favour to its votaries, and cast Con- tempt upon others ; 'tis easy to foresee, that Christians of all other Denominations amongst us, instead of encouraging its Prosperity, will, from the same Principles, rather conspire to oppose aud oppress it. Besides English and Butch Presbyterians, which perhaps exceed all our other religious Professions put together, we have Episcopalians, Anabaptists, Lutlierans, Quakers, and a growing church of Mora- vians, all equally zealous for their discriminating Tenets : Which- soever of these has the sole Government of the college, will kindle the Jealousy of the Rest, not only against the Persuasion so pre- ferred, but the College itself. Nor can any Thing less be expected, than a general Discontent and Tumult; which, affecting all Panks of People, will naturally tend to Disturb the Tranquility and Peace of the Province. In such a State of Things, we must not expect the Children of any, but of that Sect which prevails in the Academy will ever be sent to it : For should they, the established Tenets must either be implicitly .received, or a perpetual religious War necessarily maintained. Instead of the liberal Arts and Sciences, and such Attainments as would best qualify the Students to be useful and ornamental to their Country, Party Cavils and Disputes about Trifles, will afford Topics of Argu- mentation to their incredible Disadvantage, by a fruitless Consumption of Time. Such Gentlemen, therefore, who can afford it, will give their Sons an Education abroad, or at some of the neighboring Academies, where equally imbibing a Zeal for their own Principles, and furnished with the Arts of defending them, an incessant Opposition to all others, on their Return, will be the unavoidable Consequence. Not to mention, that Youth may become strongly attached to the Places at which they are educated. At this season of Life they receive the deepest Impressions : And, for the Sake of a Wife or a Friend, and a thousand other Reasons that cannot now be enumerated, a Gentleman may turn his Back upon the Place of his Birth, and take up his Residence where the Morning of Life has been agreably passed. Hence, besides the Expence of such Education prejudicial to us, we may frequently lose the Hopes of our Country, lose perhaps a Man every Way qualified to defend its Interests, and advance its Glory. Others, and many such there may be, who not able to support the Expence of an Education abroad, but could easily afford it at Home, 200 University Convocation. thro' a Spirit of Opposition to the predominant Party, will rather determine to ;[;ive their Children no Education at all. From all which it follows, that a College under the sole Influence of a Party, for want of suitable Encour-iii-ement, being but inditierently stocked with Pui)ils, will scarce arrive to the Usefulness of a Schola iUustris., which 'being inferior to a College is, I hope, ranch short of what is intended by Ours. Axotup:r Argument against so pernicious a Scheme is, that it will be dangerous to Society. The extensive Influence of such a Seminary, I have already shewn in my last Paper. And have we not reason to fear the worst Effects of it, where none but the Principles of one Persuasion are taught, and all others depressed and discountenanced? Where, instead of Reason and Argument, of which the Minds of the Youths are not capable, they are early imbued with the Doctrines of a Party, inforced by the Authority of a Professor's Chair, and the combining Aids of the President, and all the other Otflcers of the Colle<'-e ? That religious Worship should be constantly maintained there, I am so far from opposing, that I strongly recommend it, and do not believe any such Kind of Society, can be kept under a regular and due Discipline without it. But instructing the Youth in any particular Systems of Divinity, or recommending and establishing any single Method of Worship or Church Government, I am convinced wuuld be both useless and hurtful. Useless, because not one in a Hundred of the Pupils is capable of making a just Examination, and I'casonable Clioice. Hurtful, because receiving im])ressions blindly on Authority, will corrupt their Understandings, and fetter them with Prejudices which may everlastingly prevent a judicious Freedom of Thought, and infect them all their Lives, with a contracted turn of mind. A Party-College, in less than half a Century, will put a new Face upon the Religion, and in consequence thereof aftect the Politics of the Country, Let us suppose what may, if the College should be entirely managed by one Sect, probably be supposed. Would not all possible Care be bestowed in tincturing the Minds of the Students with the Doctrines and Sentiments of that Sect? Would not the Students of the College, after the course of their Education, exclusive of any otliers, All all the (Jflices of the Government ? Is it not highly reasonable to think, that in the Execution of those Ottices, the Spirit of the College would have a most prevailing Influence, especially as that Party would perpetually receive new Strength, become more fashionable and numerous? Can it be imagined that all other Ciiris- tians would continue peaceable under, and unenvious of, the Power of that Church which was rising to so exalted a Preheminence above them ? Would they not on the Contrary, like all other Parties, reflect upon, reluct at, and vilify such an odious Ascendancy? Would not the Church wliich had that Ascendancy be thereby irritated to repeated Acts of Domination, and stretch their ecclesiastical Rule to nnwarantable and unreasonable lengths? Whatever others may in their Lethargy and Supineness think of the Project of a Party- College, I am convinced, that under the Management of any particu- Annals of Public MBUCAttoN. 201 lar Persuasion, it will necessarily prove destructive to the civil and religious Rights of the People : And should any future House of Representatives become generally infected with the Maxims of the College, nothing less can be expected than an Establishment of one Denomination above all others, who may, perhaps, at the good Pleasure of their Superiors, be most graciously favoured with a bare Liberty of Conscience, while they faithfully continue their annual Contributions, their Tytlies and their -Peter-Pence. A Third Argument against suffering the College to fall into the Hands of a Party, may be deduced from the Design, of its Erection, and Support by the Public. The Legislature to whom it ows its Origin, and under whose Care the Atfair has hitherto been conducted, could never have intended it as an Engine to be exercised for the Purposes of a Party. Such an Insinuation, would be false and scandalous. It would therefore be the Height of Insolence in any to pervert it to such mean, partial and little Designs. No, it was set on Foot, and I hope it will be con- stituted for general Use, for the public Benefit, for the Education of all who can afford such Education : And to suppose it intended for any other less public-spirited Uses, is ungratefully to reflect upon all who have.hitherto, had any Agency in an Undertaking so glorious to the Province, so necessary, so important and beneficial. At present, it is only in Embrio, yet the Money hitherto collected is public Money ; and till it is able to support itself, the Aids given to it will be public Aids When the Community is taxed, it ought to be for the Defence, or Emolument of the Whole : Can it, therefore, be supposed, that all shall contribute for the Uses, the ignominious Uses of a few ? Nay, what is worse to that which will be prejudicial to a vast Majority? Shall the whole Province be made to support what will raise and spread desperate Feuds, Discontent and ill-Blood thro' the greatest Part of the Province? Shall the Government of the College be delivered out of the Hands of the Public to a Party ! They who wish it, are Enemies to their Country: They who ask it, have, besides this Anti- Patriotism^ a Degree of Impudence, Arro- gance, and Assurance unparallel'd. And all such as are active in so iniquitous a Scheme, deserve to be stigmatized with Marks of ever- lasting Ignominy and Disgrace. Let it, therefore, ever remain where it is, I mean under the Power of the Legislature : The Influence, whether good or bad, we shall all of us feel, and are, therefore, all interested in it. It is, for that Reason, highly fit, that the People should always share in the Power to inlarge or restrain it. That Power they will have by their Representatives in Assembly ; and no man who is a Friend to Liberty, his country and Religion, will ever rejoice to see it wrested from them. It is farther to be remarked, that a public Academy is, or ought to be a mere civil Institution, and cannot with any tolerable Propriety be monopolized by any religious Sect. The Design of such Semi- naries, hath been sufficiently shown in my last Paper, to be entirely political, and calculated for the Benefit of Society, as a Society, 202 UmvERSiTT Convocation. lout any Intention to teacli Reli<^i()n, wliich is tlie Province of the pit : Tlio' it must, at the same Time, I)e confessed, tliat a judiciouB withe Pulpi chojce of our Principles, chiefly depends on a free Education. AoAiN, the Instruction of our Youth, is not the only Advantage we ouf^lit to propose by our College. If it be properly regulated and conducted, we may expect a considerable Number of Students from the neighbouring Colonies, which must, necessarily, prove a great Accessation to our Wealth and Emolument. Forsuch is our Capacity of endowing an Academy; that if it be founded on the Plan of a general Toleration, it must, naturally, eclipse any other on the Conti- nent, and draw many Pu{)ils from those Provinces, the Constitution of whose Colleges, is partial and contracted: From Nev) -England where the Presbyterians are the prevailing Party, we shall, undoubtedly, be furnished with great Numbers, who, averse to the Sect in vogue among them, will, unquestionably, |)refer the free Constitution, for which I argue, to that of their Colleges in which they cannot enjoy an equal Latitude, not to mention that such an Increase by foreign Students, will vastly augment the Grandeur of our Academy. Add to all this, tliat in a new Country as ours, it is inconsistent with good Policy, to give any religious Profession the Ascendency over others. The rising Prosperity of Pennsylvania, is the Admira- tion of the continent; and tho' disagreeing from them, I should always, for political Reasons, excluile Papists from the com- mon and (>(pial Benefits of Society: Yet I leave it to the Reflections of my judicious Readers, whether the inq)artial Aspect of their Laws upon all Professions, has not, in a great Degree, conduced to their vast Importation of religious Refugees, to their Strength and their Riches: And whether a like Liberty among us, to all Protestants whatsoever, without any Marks of Distinction, would not be more commendable, advantageous and politic. A. « * * « The Letter from Portius, contahmig a Scheme for endowing the College, is also come to Hand, and shall not fail of heing duly honoured. NUMHEH XIX. THURSDAY, APUIL 5, 1753. The same Snhject co7itinued. Tlmfo DaiKws dona ferfntes. Vmo. AS nothing would be more fruitless than to excite the Apprehen- sions, or raise the Mopes of my Readers, by a Prospect of remediless Evils, or unattainable Plessiugs, T consider my former Papers upon this Subject, only as a Prelude to what is yet to come. It would be of little Use to have shewn the fatal consequences of an Academy founded in Bigotry, and reared by Party-Spirit; or the gloriou's Annals of Public Education. 208 Advantages of a College, whose Basis is Liberty, and where the Muses fl.t)urish with entire Freedom ; without investigating the Means by which the one may be crushed in Embrio, and the other raised and suppoi'tcd with Ease and Security. In all Societies, as in the human Frame, inbred Disorders are chiefly incurable, as being Part of the Constitution, and inseparable from it, while, on the contraiy, when the Rage of Infirmities is resisted by a sound Complexion of Body, they are less inherent, and consequently more medicable. For this Reason, it must necessarily be esteemed of the utmost Importance, that the Plan upon which we intend to form our Nursery of Learn- ing, be concerted with the most prudent Deliberation ; it being that alone upon which its future Grandeur must evidently depend. To delineate a compleat Scheme for so great a Work, is beyond the Stretch of my Abilities : And to imagine that these Imperfect Attempts, will be of any other Use than as a Spur to greater Inven- tions, is a Piece of Yanity with which the Reflector scorns to be thought chargeable. But should they prove useful to his Country, either by inspiring others to communicate something more perfect, or inciting our Legislature to a serious consideration of this Subject, I shall think the general Design of these Papers sufficiently answered. In pointing out a Plan for the College, I shall first shew what it ought not to be, in order that what it should be, may appear with greater Certainty. As Corporations and Companies are generally founded on Koyal Grants, it is without Doubt supposed by many, that our College must be constituted by Charter from his Majesty, to certain Persons, as Trustees, to whose Government and Direction it will be submitted. Nor does the Impropriety of such a Plan strike the unattentive Yul- gar, tho' to a considerate Mind it appears big with mighty Evils. I^eo qu(B circumsta/)it tp demde jpericula cernis Demons Yieg. It is necessary to the well-being of every Society, that it be not only established upon an ample and free Bottom ; but also secured from Invasion, and its Constitution guarded against Abuses and Per- version. These are Points of which I beg Leave to think my Readers fully convinced. Nor can they wonder at the Novelty of my Scheme, when an University, hatched by the Heat of Sectaries, and cherished in the contracted Bosom of furious Zeal, shall be shewn to be the natural consequence of a Charter Government. But to consider an Academy founded on a Royal Grant in the most favourable Light, Prudence will conpel our Disapprobation of so pre- carious a Plan. The Mutability of its Nature will incline every reasonable Man, to prefer to it that Kind of Government, which is both productive of the richest Blessings, and renders its Advantages the more precious, by their superiour Stability. A Charter can at best present us with a Prospect of what we are scarce sure of enjoying a Day. For every Charter of Incorporation, as it generally includes a Number of Privileges subject to certain express or implied Condi- tions, may, in particular, be annulled, either on a Prosecution in the 204 University Convocation. Court of Kings -Bench by Quo warranto or by Scire Facias in Chancery, or by Surrender. Nor does it require a great Abuse of Privilege to determine its Fate by the two first Means, while mere Caprice, or some thing worse, may at an}'^ Time work its Dissolution by the latter. I believe my Countrymen, have too high a Sense of the Advantages of Learning, to risk the College upon so unsettled a Basis; and would blast a Project so ineffective of its true End, to make Room for a Scheme ])y which the Object of Public Attention may be fixed on a Bottom more firm and durable. How would it damp the sanguine Prospects, of the fervent Patriot; disappoint the honest "Well-wisher of his Country ; and blacken the Hopes of every Lover of the Muses into Dispair, should an inconsiderable Mistep subvert so noble a design ! Yet, to these fatal Evils would a Charter be exposed : Should the Trustees exceed their Authority, however inconsiderably it might affect the Literest of the College, their acting contrary to the express Letter, would ipso facto avoid it. Or should they, either thro' Ignorance, Luittention or Surprize, extend their Power in the least beyond those Limits, which the Law would pre- scribe upon a Construction of the Chartei", a Repeal might be obtained by Suit at Common Law, or in Equity. And perhaps such might be the Circumstances of Things, as to render a new Licorpora- tion at that Juncture, utterly inq)racticable. Besides, upon its Dissolution all the Lands given to it, are absolutely lost. The Law annexes such a Condition to every Grant to a Body politic : They revert to the Donor, Nor is there much Reason to expect a chari- table Reconveyance from the Reversioner. But if this may possibly be the Case, should even the Scheme of the Listruction of our Touth contimie unperverted by the Directors of our Academy, Avhat Abuses of Trust might they commit, what Attacks upon the Liberty and Happiness of this Province might they make, without Correction or Controul, should they be influenced by sinister Views? While the Fountain continues pure and unpolluted, the Stream of Justice may flow through its Channels clear ami undis- turbed. But should arbitary Power hereafter prevail, and the tyran- nical Arts of James return to distress the Nation, the Oppression and Avarice of a future Governor, may countenance the iniquitous Practices of the Trustees, or destroy the Charter by improving the Ol)p()rtunity of some little Error in their conduct; and having seized the Franchise, dispose of it by a new Grant lo the fittest Instruments of unjust and imperious Rule, and then adieu to all Remedy against theui : For wcre^ they prosecuted by his Magesty's Attorney Gen- ei-al in the Kimfs -Bench a Noli 2)roseqiil would effectually' secure them from Duiiger ; while the Authority of a Governor rendered a Suit in Ecpiity entirely useless. Thus would the Cause of Learnincr, the llights :iud Privileges of the College, our public Liberty and Hai)pines8, become a Prey to the base Designs and united Interest of the Governor and Trustees, in Spite of the most vigorous Efforts of the whole Province: Nor could a happy Intervention to the general Cahimity, bo expected from tlie otiier liranches of the Legislature, while his Majesty's Representative would give a hearty Negative to Annals of Public Education. 205 every salutary Bill, the Council and Assembly should think proper to pass. I say, his Majesty's Representative ; for tho' our gracious Sovereign can delegate his executive Authority, he cannot transfer liis Royal Virtues ; and more than once has this Province beheld a Vicegerent of the Best of Princes, imitate the Actions of tlie Worst. Reflections of this Kind will pronounce it a Truth most glaringly evident, that whatever Care may be taken in the Construction of a Charter to give our College an extensive Bottom, to endow it with the richest Privileges, and secure them by the most prudent Methods, it may still become the Spoil of Tyranny and Avarice, the Seat of shivish, bigotted and persecuting Doctrines, the Scourge and Inquisi- tion of the Land. And far better would it be for us to I'est contented with the less considerable Blessings we enjoy, without a College, than to aim at greater, by building it upon the sandy Foundation of a Charter-Government. But after all, it may be urged, that should the College be founded on a Royal Grant, it might still be raised upon as unexceptionable a Basis, and as munificently endowed with Privileges as upon any other Footing. This is not in the least to be doubted. That a specious Charter will be drawn, and exhibited to public View, I sincerely believe : A Trick of that kind will unquestionably be made Use of, to amuse the unattentive Eye, and allure the unwary Mind into an easy Compliance. But it will be only latet Anguis in Herha, and when a copious Fund is once obtained, a Surrender of the Charter may make Way for a new One, which tho' sufficiently glaring, to detect the Cheat, will only leave us Room to repent of our Credulity. This is beyond Dispute, a sufficient Reason with some, for establishing the College by Charter, tho', in my humble Opinion, it is one of the strongest Arguments that can be urged against it. We should be careful, lest, by furnishing the Trustees with a Fund, to render them- selves independent of us, we may be reduced to the Necessity of being- dependent upon them. If the Public must furnish the Sums by which the College is to be supported, Prudence declares it necessary, that they should be certain to what Uses the Monies will be applied ; lest instead of being burdened with Taxes to advance our Interest, we should absurdly impoverish ourselves, only to precipitate our Ruin. In short, as long as a Charter may be surrendered, we are in Danger of a new One, which perhaps wnll not be much to our liking : And, as this Kind of Government will be always subject to Innovations, it wnll be an incontestible Proof of our Wisdom to reject it for a better. It has in my last two Papers been shewn, what an extensive and commding Influence the Seat of Learning will have over the whole Province, by diffusing its Dogmata and Principles thro' every Office of Church and State. What Use will be made of such unlimited Advantages, may be easily guessed. The civil and religious Princi- ples of the Trustees, will become universally established. Liberty and Happiness be driven without our Borders, and in their Room erected the Banners of spiritual and temporal Bondage. My Readers may, perhaps, regard such Reflections as the mere Sallies of a roving 206 University Convocation. Fancy; tlio', at tlie same Time, nothing in Nature can be more real. For should the Trustees be prompted b}^ Ambition, to stretch their Authority to unreasonable Lengths, as undoubtedly they would, were they under no Kind of Eestraint, the Consequence is very evident. Their principal care would be to chuse such Persons to instruct our Youth, as would be the fittest Instruments to extend their Power by positive and dogmatical Precepts. Besides which, it would be their mutual Interest to pursue one Scheme. Their Power would become formidable by being united: As on the contrary, a Dissention would impede its Progress. Blind Obedience and Servility in Church and State, are the" only natural Means to establish unlimited Sway. Doctrines of this Cast would be publicly tauglit and inculcated. Our Youth, inured to Oppression from their Infancy, would afterwards vigorously exert themselves in their several Offices, to poison the whole Connnunity with slavish Opinions, and one universal Estab- lishment become the fatal Portion of this now happy and opulent Province. Thus far the Trustees will be at Liberty to extend tiieir Influence without controul, as long as their Charter subsists: And thus far they would undoubtedly extend it. For whoever, after being conscious of the uncertain Nature and dismal Consequences of a Charter College, still desires to see it thus established, and willingly becomes a Trustee, betrays a strong Passion for Tyranny and Oppres- sion : Did he wish the Welfare of his Country, he would abhor a Scheme that may probably prove so detrimental to it ; especially when a better may be concerted. It would therefore be highly imprudent to trust any Set of Men with the care of the Academy, who were willing to accept it under a Charter. If it be urged, that the Reasons above advanced, to prove the Danger and Mutability of a charter Government, militate strongly against the Consequences I have deduced from tliem, let it be con- sidered, that it will be in the Power of one Person only, to encourage or oppose the Trustees in the Abuse of their Authority. This Point, I thiidc, is surticientl}' evinced. Time nuiy, perhaps, furnish the Trustees with an Opportunity of corrupting him with Largesses; or the change of Atl'airs, make it his Duty to encourage the most slavish Doctrines and Impositions. Where then will be our Remedy, or how shall we obtain the Re})eal of a Charter abused and perverted? Be it ever so uncertain in its Nature, it will still be in the Power of a Governor, to secure it against the Attacks of Law and Justice: Or, to render us more compleatly miserable, he may grant a new One, better guarded against any Danger from that Quarter. In the present Situation of Things, we have, indeed, no Reason to fear it. But as they may possibly assume a different Face hereafter, let us at least be 'armed in a Matter of so great Consequence, against the Incertainty of future Events. But after all it cannot be expected, that a Charter should at once be so compleatly formed, as to answer all the valuable Purposes intended by it. Inventions are never brought to sudden Perfection ; but receive their principal Advantages from Time and Experience, by a slow Progression. The human Mind is too contracted to com- Annals of Public Education. 207 prehend in one View, all the Emergencies of Futurity ; or provide for and guard against, distant Contingencies. To whomsoever, there- fore, the Draft of a Charter shall be committed Experience will prove it defective, and the Yicissitude of Things make continual Altera- tions necessary. Nor can they be made without a prodigious Expence to the Public, since, as often as they are ' expedient, a new Charter will be the only Means to effect it. I Hope my Readers are by this Time convinced, that a Charter College will prove inefficacious to answer the true End of the Encouragement of Learning ; and that general Utility can never be expected from a Scheme so precarious and liable to abuse. I shall in my next Paper exhibit another Plan for the Erection of our Col- lege, which if improved, will answer all the valuable Ends that can be expected from a Charter, and at much less Expence : While it will also effectually secure all those Rights and Privileges which are necessary to render the Increase of true Literature more vigorous and uninterrupted. B. Number XX. THURSDAY, APRIL 12, 1753. A farther Prosecution of the same Subject. Si vincimtn omnia nobis tuta erunt, Commeatus ahunde municipm atqtie ColonicB paUbv.nt ; sin metu cesserimvs, eadem ilia adversa fient. Sai. I HAVE in my last Paper endeavoured to explode the Scheme of erecting our College by Charter, as a Means wholly inadequate to the End proposed. Many of my Readers are doubtless convinced, how justly it lies open to the Objections I have raised against it ; and therefore expect, that something more effectual be proposed in its Stead : While others that remain unsatisfied, may, perhaps, find their Doubts removed, by perusing the Plan I shall lay before them. But I would first establish it as a Truth, that Societies have an indisputable Right to direct the Education of their youthful Mem- bers. If we trace the Wisdom of Providence in the Harmony of the Creation ; the mutual Dependence of human Nature, renders it demonstrably certain, that Man was not designed solely for his own Happiness, but also to promote the Felicity of his Fellow-Creatures. To this Bond of Nature, civil Government has joined an additional Obligation. Every Person born within the Yerge of Society, imme- diately becomes a Subject of that Community in which he first breathes the vital Element ; and is so far a Part of the political Whole, that the Rules of Justice inhibit those Actions which, tho' tending to his own Advantage, are injurious to the Public Weal. If therefore, it belongs to any to inspect the Education of Youth, it is the proper Business of the Public, with whose Happiness their future Conduct in Life is inseparably connected, and by whose Laws their relative Actions will be governed. 2Q8 University Convocation. Sensible of this was the Spartan Law-giver, who claimed tlie Education of the Lacedemonian Youth, as the unalienable Eight of the Commonwealth. It was dangerous in his Opinion, to suffer the incautious Minds of those who were born Members of Society, to imbibe any Pi'inciples but those of univeisal Benevolence, and an unextiuiiuishable Love for the Community of which, they were Sub- jects. For this Reason, Children were withdi-awn from the Authority of their Parents, who might otherwise wai-p their immature Judg- ments in Favour of Prejudices and Errors obtruded on tliim by Dint of Authority: ut if this was considered as a prudent Step to guard the Liberty and Happiness of that Republic; methinks it will not be unadvisabic, for our Legislature, who have it in their Power, to secure us against the Designs of any Sect or Party of Men, that may aim at the sole Governn'ient of the College. If there the youthful Soul is to be ingrafted with blind Precepts, contracted Opinions, inexpli- cable Mysteries, and incurable Prejudices, let it be constituted by Charter: But if from thence we expect to fill our public Posts with Persons of Wisdom and Understanding, worthy of their Offices, and capable of accomplishing the Ends of their Institution, let it not be made the Portion of a Party, or private Set of Men, but let it merit the Protection of the Public. The only true Design of its Erection, is to capacitate the Inhal)itants of this Province, for advancing their private and public Happiness; of which the Legislature are the law- ful Guardians : To them, therefore, does the Care of our future Seminary of Learning properly and only belong. Instead of a Charter, I would propose, that the College be founded and incoroorated by Act of Assembly, and that not only because it ought to be under the Inspection of the civil Authority ; but also, because such a Constitution will be more permanent, better endowed, less liable to Abuse, and more capable of answering its true End. It is unreasonable to suppose, that an Uuiversity raised by private Contribution in this Province, should arrive at any considerable Degree of Grandeur or Utility : The Expence attending the first Erection, and continual Support of so great a Work, requires the united Aid of the Public. Should it once be made an Affair of uni- versal Concern, they will, no Doubt, generously contribute by Taxes, and every other Means towards its Endowment, and furnish it by a \ provincial Charge, with whatever shall bo necessary to render it of general Advantage. But altho' our Assembly have already raised a considei-able P^und for that Purpose, who can imagine they will ever part with or dispose of it to any other Uses, than such as they shall til ink proper and direct. If the College be erected at the Charge of the Province, it ought doubtless to be incorporated by Act of Assem- bly ; by which Means the whole Legislature will have, as they ought to have, the Disjxjsition of the Fund raised for this Purpose : The Community will then have it in their Power to call those to an Account into whose Hands the public Monies shall be deposited for that particular Use : And thus the Sums though necessary for the Improvement of Learning, will be honestly expended in the Service for which they are designed ; or should they be embezzled, it might Annals of Public Education. 209 easily be detected, and publicly punished : Besides, no particular Set\ of Men can claim a Right to dispose of the provincial Taxes, but those impowered by the Community ; and therefore, if the Colony must bear the Expence of the College, surely the Legislature will claim the Siiperintendency of it. But if after all, it should be thought proper to incorporate it by Charter, it is to be hoped, they will reserve the public Money for some other Use, rather than bestow it on a College, the Conduct of whose Trustees would be wholly out of the Reach of their Power. A FURTHER Argument in Favour of being incorporated by Act of Assembly, may be deduced from the End of its Institution. It is designed to derive continual Blessings to the Community ; to improve those public Virtues that never fail to make a People great and happy ; to cherish a noble Ardour for Liberty ; to stand a perpetual Barrier against Tyranny and Oppression. The Advantages flowing rom the Rise and Improvement of Literature, are not to be confined to a Set of Men : They are to extend their chearful Influence thro' Society in general, — thro' the whole Province; and therefore, ought to be the peculiar Care of the united Body of the Legislature. The Assembly have been hitherto wisely jealous of the Liberties of their Constituents : Nor can they, methinks, ever be persuaded, to cede their Authority in a Matter so manifestly important to our universal Welfare, or submit the Guidance of our Academy to the ILiuds of a few. On the contrary, we are all so greatly interested in its Success, as to render it an Object worthy of their most diligent Attention, — ■ worthy of their immediate Patronage. Should a Number of private Persons have the Impudence to demand of our Legislature, the Right of giving Law to the whole Community ; or even should they ask the smaller Privilege, of passing one private Act, would it not be deem'd the Height of Effrontery ? In what Light then ought the Conduct of those to be considered, who, in claiming the Government of our University, ask no less considerable a Boon, than absolute universal Dominion. To a matter of such general, such momentous concern, our Rulers can never too particularly apply their Thoughts, since under their Protection alone Learning must flourish, and the Sciences be improved : It may indeed be urged, that the Nature of their Employ- ment forbids them to spend their Time in the Inspection of Schools, or directing the Education of Youth : But are the Rise of Arts, the Improvement of Husbandry, the Increase of Trade, the Advance- ment of Knowledge in Law, Physic, Morality, Policy, and the Rules of Justice and civil Government, Subjects beneath the Attention of our Legislature ? In these are comprehended all our public and private Happiness ; these are consequences of the Education of our Fouth, and for the Growth and Perfection of these, is our college designed. Another Reason that strongly evinces the Necessity of an Act of Assembly, for the Incorporation of our intended Academy, is, that by this means that Spirit of Freedom, which I have in my former Papers, 14 210 University Convocation. shewn to be necessary to the Increase of Learning, and its conse- quential Advantages, may be rendered impregnable to all Attacks- While the Government of the College is in the Hands of the People, or their Guardians, its Design cannot be perverted. As we all value our Liberty and Happiness, we shall all naturally encourage those Means by which our Liberty and Hapjnness will necessarily be improved : And as we never can be supposed wilfully to barter our Freedom and Felicity, for Slavery and Misery, we shall certainly crush the Growth of those Principles, upon which the latter are built, by cultivating and encouraging their Opposites. Our College therefore, if it be incorporated Ijy Act of Assembly, instead of opening a Door to universal Bigotry and Establishment in Church, and Tyranny and Oppression in the iState, will secure us in the Enjoy- ment of our respective Privileges both civil and religious. For as we are split into so great a variety of Opinions and Professions ; had each Individual his Share in the Government of the Academy, the Jealousy of all Parties combating each other, would inevitably pro- duce a perfect Freedom for each particular Party. Should the College be founded upon an Act of Assembly, the Legisla- ture would have it in their Power, to inspect the Conduct of its Governors, to divest those of Authority wdio abused it, and appoint in their Stead, Friends to the Cause of Learning, and the general Welfare of the Province. Against this, no Bribes, no Solicitations would be effectual : No Sect or Denomination plead an Exemption : But as Parties are subject to their Authority ; so would they all feel its equal Influence in this Particular. Hence should the Trustees pur- sue any Steps but those that lead to public Emolument, their Fate would be certain, their Doom inevitable : Every Officer in the college being under the narrow Aspect and Scrutiny of the civil Authority, would be continually subject to the wholesome Alternative, either of performing his Duty, with the utmost Exactness, or giving up his Post to a Person of superior Integrity. By this Means, the Preva- lence of Doctrines destructive of the Privileges of human Nature, would effectually be discouraged, Principles of public Virtue inculca- ted, and every Thing promoted that bears the Stamp of general Utility. But what remarkably sets an Act of Assembly in a Light far superior to a Charter, is, that we may thereby effectually counterplot every Scheme that can possibly be concerted, for the Advancement of any particular Sect above the rest. A Charter may, as I have shewn in my last Paper, be so unexceptionably formed, as to incur the Disapprobation of no Denomination whatever, but unexception- able as it may be we cannot be sure of its Duration. A Second may succeed, which, perhaps, would be disapproved of by all but one Party. On the contrary, we are certain that an Act of Assembly must be unexceptionable to all ; since Nothing can be inserted in it, but what any one may except against ; and, as we are represented in the Asseml)ly by Gentlemen of various Persuasions, there is the highest Probability, that every Clause tending to abridge the Liberty of any particular Sect, would by some or other of our Representatives be Annals of Public Education. 211 strongly opposed. And this will still be the Case, however repeatedly Innovations may be attempted by subsequents Acts. Another Advantage accruing to the College itself, and consequently to the Community in general, is that larger Donations may be expected, should it be incorporated by Act of Assembly, than by Charter. Every generous Contributor, would undoubtedly be willing to have some Security for the Disposition of his Gratuity, consistent with the Design of his Donative. ISTor is it improbable, that the most bounteous Person would refuse to bestow a Largess, without being convinced of the Honesty and Propriety of its Application. Under a Charter no Security to this Purpose can possibly be expected. This is sufficiently evinced by my last Paper. Besides which, if a Charter be obtained, it will without Doubt, be immediately or eventu- ally in favour of one particular Party; the Consequence of which will be plainly this, that the other Sects amongst us, being a vast Majority, instead of contributing to the Support of our Academy by private Donations, will endeavour to discourage each other from it. But should our University be established by Act of Assembly, as every Individual M^ould bear a Part in its Grovernment, so should we all be more strongly induced, by private Gifts, to increase its Endow- ments. Add to all this, that should the Persons intrusted with the imme- diate Care of our Nursery of Learning, comnait any Error in their Conduct, the Act of Assembly would not be void, but in as full Force as if the Error had not been committed. And should they designedly transgress the Bounds of their Authority, the Act might be so con- structed, as to disquality them for holding their Offices, and subject them to the severest Penalties ; to be recovered by his Majesty, or the Party aggrieved, or by both. It is also to be remarked, that should the Act of Incorporation be at any Time infringed, and the Liberty of the Students invaded, their Redress would be more easily obtained in a Court of Law. To this Scheme it may be objected, that the Creating a Body-Politic by Act of Legislation, without a previous Charter, is unprecedented, and an Infringement of the Prerogative of the Crown, and may pos- sibly for those Reasons be damned by the King, who cannot repeal a Charter ; and farther, that every End that can be proposed by Act only, may be obtained by a Charter-Incorporation ; and an Act pos- terior, confirming it, and enlarging and regulating the Powers of the Body. In Answer to which, let it be considered, that it is not only the King's Prerogative, to grant a Charter, but also to grant it upon certain Terms ; a Non-Compliance with which, will cause its repeal ; and from thence arises the Precariousness of a Charter. Should an Act be passed in Consequence of a Charter, it must be either to pre- vent its Precariousness, or to add new Privileges to those granted by it. If the former should be the Reason for passing an Act, it would militate against the Royal Prerogative, as well as an Act to incorpo- rate the College ; and therefore would, in all Probability, meet with the same Fate, and by that Means the Charter would stand alone. If the Act should be only in Aid of the Charter, it would still leave it 2\2 University Convocation. in as uncertain a State, as without an Act. So that in either Case the College would be exposed to those Inconveuiencies, which, in my last Taper 1 have shewn to be the natural Consequences of a Charter Government : Besides which, shuuld the College be established by a Cluuter, the Public will lose most of those Advantages, wdiich I shall in my next Paper propose, as some of the substantial Parts of an Act of Assembly. Manv other convincing Arguments might be urged with Success, hi favour of an Act of Assembly for the Incorporation of our intended College, Avould the Bounds of this Paper admit their Inser- tion. Those Ihave had Room to enforce, are, I am convinced, suffi- ciently striking, to engage the Assent of every candid and unpreju- diced Thinker. To the W-isdom of our Legislature, these Hints will be perfectly useless: Nor do I aim at any Thing more upon so important a Subject, than barely to open the Eyes of some of my less impartial Readers ; and testify, how entirely the true Interest of this Province commands the most ardent and sincere Wishes of the Inde- 'pendent liejiector. To the Gentlemen who favoured me with their Sentiments on the Subject of the College, in two Letters signed B C. and A Friend, / return my profoundest Thanks. Number XXI. THURSDAY, APRIL 19, 1753. Remarks on the College continued. Si quid NmiHi rectius is/is, Candidits imperii : si non, /lis ulere niecum HoR. THAT a College may he a Blessing or a Curse to the Community, according to its Constitution and Government, I think appears sufficiently evident from my former Papers. That incorporating it by an' Act of Assembly, will be the best Means of securing the first, and avoiding the last, is in my Opinion, equally clear and incontesti- ble. On a Subject of such gonoi-al Luportance ; a Subject that con- cerns our Liberty and our Privileges, civil and religious; a Subject that will aft'ect the Prosperity of our Country, and particularly involves in it, the Happiness and Misery of our Posterity, it would bave been unpardonable in a Writer, whose Services are entirely devoted to the Public, to have passed it over in Silence, or handle it with Indiiference and Langour. No, it deserves my most deliberate Attention, and fervent Activity ; and calls for the Assistance of every Man who loves Liberty and the Provim-e. Fully sensible of its unspeakable Importance, I shall now proceed to point out those Tilings which in my Judgment, are necessary to be inserted in the incoi'porating Act, for the Advancement of the true Interest of the College, and rendering it really useful to the Province. Such Things Annals of Public Education. 213 as "will effectually prevent its being prejudicial to the Public, and guard us against all the Mischiefs we so justly apprehend, should it ever unhappily fall into the Hands of a Party. First : That all the Trustees be nominated, appointed, and incor- porated by tlie Act, and that whenever an Avoidance among them shall happen, the same be reported by the Corporation to the next Sessions of Assembly, and such Vacancy supplied by Legislative Act. That they hold their Offices only at the good Pleasure of the Governor, Council and General Assembly : And that no Person of any Protest- ant Denomination be, on Account of his religious Persuasion, dis- qualified for sustaining any Office in the College. In Consequence of this Article we shall have the highest Security, that none will be dignified with that important and honourable Office, but such as are really qualified for executing it, agreeable to the true Design of its Institution. Should either Branch, or any two Branches of the Legislature, propose and elect a Candidate obnoxious to the Third, the Negative of the latter is sufficient to prevent his Admis- sion. The three Branches concurring in every Election, no Party can be disobliged, and when we consider the Characters of the Electors, all Possibility of Bribery and Corruption, seems to be intirely excluded. Secondly : That the President of the College be elected and deprived by a Majority of the Trustees, and all the Inferior Officers by a Majority of the Trustees with the President ; and that the Elec- tion and Deprivation of the President, be always reported by the Trustees, to the next Session of Assembly, and be absolutel}'- void, unless the Acts of the Trustees in this Matter, be then confirmed by the Legislature. By this Means the President, who will have the supreme Superin- tendency of the Education of our Youth, will be kept in a continual and ultimate Dependence upon the Public ; and the Wisdom of the Province being his only Support, he will have a much greater Secu- rity, in the upright Discharge of his Duty, than if he depended solely on the Trustees, who are likely to oust him of his Office and Liveli- hood thro' Caprice or Corruption. That Station being therefore more stable, will at the same Time be more valuable ; and for this Reason we have the stronger Hopes of filling the President's Chair with a Man of Worth and Erudition, upon whose good Qualifications and Conduct, the Success and Improvement of the Students, will emi- nently depend. Thirdly : That a Majority of the President and Trustees, have Power to make By-Laws not repugnant to the Act of Incorporation, and the Law of the Land : That all such By-Laws be reported to the House of Pepresentatives at their next succeeding Session, in hceo Verba, under thei'Sealof the College, and the Hands of the President and five Trustees ; and that if they are not reported, or being reported are not confirmed, they shall be absolutely void. Hence it is easy to conceive, that as on the one Hand there will be a great Security against the arbitrary and illegal Rule of the Presi- dent and Trustees ; so on the other, the immediate Governors of the 214 University Convocation. College will have all proper Antliority to make snch salutary Eules as shall be necessary to advance the Progress of Literature, and sup- port a Decorum and Police in the Academy, — as well as maintain the Dignity and Weight which tiie Superiors of it ought undoubtedly to be enaijled to preserve over their Pupils. Fourthly: That the Act of Incorporation contain as many Rules and Directions for the Government of the College as can be fore- seen to be necessary. As all our Danger will arise from the Mis-Rule of the President and Trustees ; so all our Safety consists in the Guardianship of the Legislature. Besides, the Advantage herefore, of being by this Article secured from arbitrary Dominatioti in the College ; the Busi- ness of the Trustees and President will be less, and they with their Subordinates, more at Leisure to concert the Advancement of the College. The Fifth Article I propose is, that no religious Profession in particular be established in the College, but that both Officers and Scholars be at perfect Liberty to at_tend any Protestant Church at their Pleasure respectively : And tFat tTie'co'rpo'rati61i~'b^'"atet7kitely inhibited the making of any By-Laws relating to Religion, except such as compel them to attend Divine Service at some Church or other, everj'- Sabbath, as they shall be able, lest so invaluable a Liberty be abused and made a cloak for Licenciousness. To this most important Head, I should think proper to subjoin, Sixthly : That the whole College be every Morning and Evening convened to attend public Prayers, to be performed by the President, g or in his Absence, by either of the Fellows; and that such Forms be . I prescribed and adhered to as all Protestants can freely join im / Bkhidks the fitness and indisputable Duty of supporting the "Worship of God in the College; obliging the Students to attend it twice every Day, will have a strong Tendency to preserve a due Deco- rum, Good Manners and Vertue amongst them, without which the College will sink into Profaness and Disrepute. They will be thereby forced from the Bed of Sloth, and being brought before their Superiors, may be kept from Scenes of Wickedness and Debauchery, which they might otherwise run into, as hereby their Absence from the College will be better detected. With respect to the Prayers, tho' I confess there are excellent Forms composed to our Hands, it would rather conduce to the Inter- est of our Academy, if, instead of those, new Ones were collected, which might easily be done from a Yariety bi approved Books of Devotion among all Sects ; and perhaps it may be thought better to frame them as near as possible in the Language of Scripture. The general Form need be but few. Occasionarparts may be made to be inserted when necessary ; as in cases of Sickness, Death, &c. in the College, or under general Calamities, as War, Pestilence, Drought, Floods, &c. and the like as to Thanksgivings. Many of the Forms of Prayer contained in the English Liturgy, are in themselves unexccptionably good ; but as establishing and imposing the Use of Annals of Public Education. 215 those, or of any other Protestant Communion, would be a discrimi- nating Badge, it is liable to Objections, and will occasion a general Dissatisfaction. As the Introduction of them, therefore, will preju- dice the College, it is a sufficient Reason against it. It will be a Matter of no small Difficulty to bring the greatest Part of the Province, to the Approbation of praying at any Time by Forms ; but since they are in this Case absolutely expedient, our Affection for the Prosperity of this important Undertaking, should incline us, while we give some Offence in one Article, to remove it by a Com- pensation in another of less Consequence to the College. Seventhly : That Divinity be no Part of the public Exercises of the College, I mean, that it be not taught as a Science : That the Corporation be inhibited from electing a Divinity Professor ; and that tiie Degrees to be conferred, be only in the Arts, Physic, and the Civil Law. Youth at a College, as I have remarked in a former Paper, are incapable of making a judicious Choice in this Matter ; for this Reason the Office of a theological Professor will be useless : Besides, Principles obtruded upon their tender Minds, by the Authority of a Professor's Chair, may be dangerous. But a main Reason in support of this Clause, is the Disgust which will necessarily be given to all Parties that differ in their Professions from that of the Doctor. The Candidate for the Ministry will hereby in his Divinity Studies, when- ever he is fit for them, be left to the Choice and Direction of his Parents or Guardians. Besides, as most of the Students will be designed for other Imployments in Life, the Time spent in the Study of Divinity, may be thought useless and unnecessary, and therefore give Umbrage to many. jSTor will their whole Course of Time at the College, be more than sufficient for accomplishing themselves in the Arts and Sciences, whether they are designed for the Pulpit, or any other learned Profession. And it may justly be doubted, whether a Youth of good Parts, who has made any particular Proficiency in the Elements, or general Branches of Knowlege (his Instruction in which is the true and proper Business of a collegiate Education) would not be able to qualify himself for the Pulpit, by a Study of the Scriptures, and the best Divinity Books in the College Library, as well without as with the Aid of a Professor ; especially if it be enacted, Eighthly : That the Officers and. Collegians have an unrestrained Access to all Books in the Library, and that free Conversation upon polemical and controverted Points in Divinity, be not discounte- nanced ; whilst all public Disputations upon the various Tenets of different Professions of Protestants, be absolutely forbidden. Ninthly : That the Trustees, President, and all inferior Officers, not only take and subscribe the Oaths and Declaration appointed by Statute, but be also bound by solemn Oath, in their respective Sta- tions, to fulfil .their respective Trusts, and preserve inviolate the Rights of the Scholars, according to the fundamental Rules contained in the Act. And that an Action at Law be given and well secured to every inferior Officer and Student, to be brought by himself, or 216 University Convocation. liis Ouardkui, or prochem Amy, according to his Age, for every Injury agniiist his legal Ilight so to be established. And in as nuich as artful Intrigues may hereafter be contrived to the Prejudice of the College, and a Junto be inleagued to destroy its free Constitution, it may perhaps be thought highly expedient, that the Act contain a Clause Tknthly : That all future Laws, contrary to tlie Liberty and P'unda- mentals of this Act, shall be construed to be absolutely void, unless it refers to the Part thus to be altered, and expressly repeals it ; and that no Act relating to the College, shall hereafter pass the Llouse of Representatives, but with the Consent of the Majority of the whole House ; I mean all the Members of Assembly in the Province. NoK would it be amiss to prescribe, Eleventhly : That as all Contests among the inferior Officers of the College, should be finally determined by the Majority of the Members of the Corporation, so the latter should be determined in all tiieir Dis|)utes, by a Committee of the whole House of Representa- tives, or the major Part of them. These are the Articles which in my Opinion, should be incorpo- rated in the Act for the Establishment of the College; and without which we have the highest Reason to think, the Advantages it will produce, will at best fall short of the P]xpence it will create, and per- haps prove a perpetual Spring of public Misery — A Cage, as the Scripture ii\:>Giiks, of evert/ uuGlecm Bird — The Nursery of Bigotry and Superstition — An Engine of Persecution, Slavery and Oppres- sion — A Fountain whose putrid and infectious Streams will over- flow the Land, and poison all our Enjoyments. Far be it from me to imagine I have pointed out every Thing requisite to the Preserva- tion of Liberty, and the Promotion of the Interest of the College ; I only suggest such Heads as occur. Beyond all doubt my Scheme is still imperfect. Should our Legislature themselves enter upon this momentous Afl'air, the Example of a British House of Commons, in Matters of great Importance, might be worthy their Imitation. I mean, that the Bill be printed and published several Months before it passes the House. The Advantage I would propose from this Step is, that while it only exists as a Bill, the Objections against it would be offered with Freedom, because they may be made with Impunity. The general Sense of the People will be the better known, and the Act acconnuodated to the Judgment and Esteem of all Parties in the Province. A. I Annals of Public Ebtjcation. 217 Number XXII. THURSDAY, APRIL 26, 1753. The same Subject continued and concluded in. An Address to the Inhabitants of the Province. If we retain the Glory of our Ancestoi's, Whose AsMs will rise wp against our Dulness, Shake off our Tameness, and give Way to Courage ; We need not doubt, inspired with a just Rage, To break tJie Neck of tlwse, that would yoke ours. , Tatham's distrarted State. Flectere si nequeo superos, Acheronta movebo. ViRa. My Dear Countrymen, N a Series of Papers, I have presented to your Yiew the Incon- veniences that must necessarily result from making the Rule of the College, t\ieMo?iopoly of any single Denomination. I have con- sidered it in a Yariety of Lights, and explor'd it's numerous Evils. To prevent them in the most effectual Manner, I have concerted a Plan, the Heads of which have been offered to your serious Con- sideration. Throughout the whole, I have given my Thoughts with the Freedom and Independence suitable to the Dignity of the Subject, and the Character of an impartial Writer, Upon my Representation of the Matter, nor Awe, nor Hope, hath had any Influence. But urg'd by the Love of Liberty, and a disinterested Concern for your, and your Posterity's Happiness, I have disclos'd the Importance, — the prodigious importance of the present Question. Far be it from me, to terrify you with imaginary Dangers, or to wish the Obstruction of any Measure conducive to the public Good. Did I not foresee, — was I not morally certain of the most ruinous Consequences, from a Mismanagement of the Affair, I should not address you with so much Emotion and Fervor : But when I perceive the impending Evil ; when every Man of Knowledge and Impartiality entertains the same Apprehension ; I cannot, I will not conceal my Sentiments. In such a Case, no Yehemence is excessive, no Zeal too ardent. The Alarm given is not confined to Particulars. No, the Effects I presage are dreaded far and wide as a general Calamity. Would to God our Terror was merely panic ! but it is founded on the unerring Testimony of History, of Reason, and universal Experience. Nor fancy I aim at warping your Judgment by the Illusion of Oratory, or the Fascination of Eloquence. If in the Sequel, I appear rather to declaim than prove, or seem to prefer the Flowers of Rhetoric to the Strength of Argument, it is because, by the clearest Demonstration, I have already evinc'd the Necessity of frustrating so injurious a Step. My Assertions have not been unsupported by Evidence, nor have I levell'd at your Passions, till I had convinced your Reason. After this, you will pardon a more animated Address, intended to warm the Imagination and excite your Activity. Of Prejudice and Partiality, I renounce the Charge ; having alike 218 University Convocation. argued against all Sects whatever, as I am in reality pei-fectly neutral and indift'ei-ent. For the Sincerity of my Intentions, I lay my Hand upon my Heart, and appeal to the enlighten'd Tribunal of Heaven. Arise, therefore, and baffle the Machinations of your and their Country's Foes. Every Man of Vertue, every man of Honour, will join you in defeating so iniquitous a Design. To overthrow it, noth- ing is wanting but your own Resolution. For great is the Authority, exalted the Dignity, and powerful tlie Majesty of the People. And shall you the avow'd Enemies of Usurpation and Tyranny, — shall you, the Descendants of Britahi,hoYn in a Land of Light, and rear'd in the Bosom of Liberty, — shall you commence CoM'ards at a Time when Reason calls so loud for your Magnanimity i I know you scorn such an injurious Aspersion. I know you disdain the Thoughts of so opprobrious a Servility ; and what is more, I am confident the Moment you exert a becoming Fortitude, they will be sliam'd out of their Insolence. They will blush at a Crime they cannot accomplish, and desist from Measures they lind unsuccessful. Some of yovi, per- haps, imagine all Opposition unavailable. Banish so groundless a Fear. Truth is Omnipotent, and Reason must be finally victorious. Up and try. Be Men, and make the Experiment. This is your Duty, your bounden, your indispensable Duty. Ages remote, and Mortals yet unborn, will bless your generous Efforts ; and revere the friendly Hand that diverted the meditated Ruin, as the Saviour of his Country. The Love of Liberty is natural to our Species, and an Affection for Posterity, interwoven with the human Frame. Inflamed with this Low^ and animated by this Affection, oppose a Scheme so detrimental to your Privileges so fatal to your Progeny. Perhaps you conceive the Business is done. What ! do you take it for granted that so it must be ! Do you not think yourselves free? Our Laws, our Assemblies, the Guardianship of our Mother Country, the mildest and the best of Kings, do they not convince yon that hitherto you know not what is Servi- tude? And will 3'ou trifle with an inestimable Jewel? Will you dance on a Precipice, and lay your Hand on a Cockatrice's Den ? Unresisting will you yield, and resign without a Struggle? Will you not even venture at a Skirmish, to bequeath to your Posterity the priceless Treasure yourselves enjoy? Doubtless you resent the Insinuation. Courage then my Bretliren : Reason is for us, that Reason whose awful Empire is spurn'd by your Adversaries ; for such are those whoever they be, that aspire to a Superiority above their fellow Sub- jects. Whence then should ])roceed your remissness in a Concern so momentous ? Whence so tame a Submission, so ignominious a Com- pliance ? Thou Genius of Liberty dispensing unnumbered Blessings ! Thou Spirit of Patriotism ever watchful for the public Good ! Do ye inspire us with Unanimity in so interesting a Cause, and we will assert our Rights against the most powerful Invasion ! . You, Gentlemen of the Church of England, cannot but condemn the unaccountable Assurance of whatever Persuasion, presumes to rob you of an equal Share in the Government of what equally belongs to all. With what Indignation and Scorn, must you, the most numerous and richest Congregation in this City, regard so inso- Annals of Public Education. 219 lent an Attempt ! Yon who have the same Discipline, and the same Worship with the Mother Chnrcli of the l^ation, and whose funda- mental Articles are embrac'd by all Protestant Christendom, — what Colour of Reason can be offered to deny you your just Proportion in the Management of the College? Methinks a due Respect for the national Church, nay common Decency and good Manners, are suffi- cient to check the presumptuous Attempt, and redden the Claimant with a guilty Blush. Resent, therefore, so shameless a Pretence, so audacious an Incroachment. Nor can you Gentlemen of the Dutch Church, retrospect the Zeal of your Ancestors in stipulating for the Enjoyment of their religious Privileges, at the Surrender of the Province, without a becoming Ardor "for the same Model of public Worship which they were so anxious in preserving to you in its primitive Purity, Or higher still, to trace the Renown of your Progenitors, recollect their Stand, their glorious and ever memorable Stand against the Yoke of Thraldom, and all the Horrors of ecclesiastic Yillainy, its inseparable Concomi- tants. For their inviolable Attachment to pure unadulterated Protestantism, and the inestimable Blessings of Freedom civil and sacred, History will resound their deathless Praises; and adorned with the precious Memorials of their heroic and insuppressible Strug- gles against Imposition and Despotism, will shine with eternal and undecaying Splendor. Impell'd by their illustrious Example, -disdain the Thoughts of a servile Acquiescence in the usurp'd Dominion of others, who will inevitably swallow up and absorb your Churches, and efface even the Memory of your having once formed so consider- able a Distinction. Pity Methinks it would be and highly to be deplor'd, that you should, by your own Folly, gradually crumble into Ruin, and at length sink into total and irrecoverable Oblivion. Remember Gentlemen of the Englisli Presbyterian Church, remember with a sacred Jealousy, the countless Sufferings of your pious Predecessors, for Liberty of Conscience, and the Right of private Judgment. What Afflictions did they not endure, what fiery Trials did they not encounter, before they found in this remote Cor- ner of the Earth, that Sanctuary and Requiem which their native Soil inhumanly deny'd them? And will you endanger that dear- bought Toleration for which they retired into voluntary Banishment, for which they agoniz'd, and for which they bled? What drove your Ancestors to this Country, then a dreary Waste and a barren Desart ? What forced them from the Land of their Fathers, the much-lov'd Region where first they drew the vital Air ? What compell'd them to open to themselvs a passage into -these more fortunate Climes? Was it not the Rage of Persecution and a lawless Intolerance ? Did they not seek an Asylum among the Huts of Savages more hospitable, more humaniz'd than their merciless Oppressors ? Could Oceans stop or Tempests retard their Fhght, when Freedom was attack'd and Conscience was the Question ? And will you entail on your Posterity that Bondage, to escape which they brav'd the raging Deep, and penetrated the howling Wilderness ! ' 220 University Convocation. You. inj Friends, in Derision called Quakers, have always approv'd yourselves Lovers of civil and religious Liberty ; and of universal Benevolence to Mankind. And tho' you have been mis- represented as averse to human Learning, I am confident, convinced as you are of the Advantages of useful Literature, by the Writings of your renown'd Apologist, and other celebrated Authors of your Persuasion, you would generously contribute to the Support of a College founded on a free and catholic Bottom. But to give your Substance to tlie Bearing of Bigotry, or the tutoring Youth in the enticing Words of 31an''s Vaiiity, I know to be repugnant to your candid, your rational, your manly Way of thinking. Since tiie first Appearance of the Friends, thro' what Persecutions have they not waded? With what Difticulties have they not conflicted, e'er they could procure the unmolested Enjoyment of their Religion? This I mention not to spur you to revenge the Indignities offered to your Brethren, who being now beyond the Reach of Opposition and Yio- lence, you, I am sure will scorn to remember their Tribulations with an unchristian Resentment. But to make their inhuman Treatment a Watch-Tower against the like Insults on your Descendants, is but wise, prudent and rational. At present, as ever you ought, you enjoy a righteous Toleration. But how long you will be able to boast the same Immunity, when the Fountain of Learning is directed, and all the Oftices of the Province engrossed by one Sect, God only knows, and 3'ours it is to stand on your Guard. Equally tremendous will be the Consequences to you, Gentlemen of the French, of the Moravian, of the Lutheran, and of the Ana- baptist Congregations, tho' the Limits of my Paper deny me the Honour of a particular Application to jour respective Churches. Having thus, 3Ty Couninj-Men, accosted you as distinct Denomi- nations of Christians, 1 shall again address you as Men, and reasonable Beings. Consider, Gentlemen, the apparent Iniquity, the monstrous Unrea- sonableness of the Claim I am opposing. Are we not all Members of the same Community ? Have we not an equal Right ? Are we not alike to contribute to the Support of the College ? Whence then the Pi-etensions of one in Preference to the Rest ? Does not every Per- suasion pi-oduce Men of Worth and Yirtue, conspicuous for Sense, and renown'd for Probity ? Why then should one be exalted and the other debased ? One preferr'd and the rest rejected? Bating the Lust of domineering, no Sect can pretend any Motive for monopo- lizing the whole? Let them produce their Title, and we will submit. Or (l(. they think us so ]uisiilanimous that we dare not resist? What! are wo to be clioak'il without attempting to struggle for Breath? One woukl, indeed, im:igine the Business was done^kwd that with a Wit- ness. One would fancy he already beheld Slavery triumphant, and Bigotry swaying her enormous, her despotic Sceptre. But you, I trust, will asswage their Malice, and confound their Devices."^ You, I hope, will consider the least Infraction of your Liberties, as a Pre- lude to greater Enci-oachments. Such always was, and such ever will be the Case. Recede, therefore, not an Inch from your indisputable Annals of Public Education. 221 Kiglits. On the contrary declare your Thoughts freel}^, nor loiter a Moment in an Affair of such unspeakable Consequence. You have been told it, — Posterity will feel it. Indolence, Indolence has been the Source of irretrievable Ruin. Langour and Timidity, when the public is concerned, are the Origin of Evils mighty and innumerable. Why then in the Name of Heaven, should you behold the Infringe- ment, supine and inanimate? Why should you too late deplore your Irresolution, and with fruitless Lamentation bewail your astonishing, your destructive Credulity ? No; defeat the Scheme before it is car- ried into Execution : Countermine it e'er it proves irreversible. Away with so pestilent a Project : Suffer it no longer to haunt the Province, but stigmatize it with the indelible Brands of the. most scandalous Infamy. Alas, when shall we see the glorious Flame of Patriotism lighted up, and blazing out with inextinguishable Lustre'^ When shall we have One Interest, and that Interest be the common Good. To assert your Rights, doth your Resolution fail you ? To resist the Domination of one Sect over the Rest, are you destitute of Courage ? Tamely will yoit submit, and yield without a Contest ? Come then, and by Imagination's Aid, penetrate into Futurity. Behold your Offspring train'd in Superstition, and bred to holy Bond- age. Behold the Province over-run with Priest-Craft, and every Othce" usurped by the ruling Party ! Pause, therefore, and consider. Revolve the Consequences in a dispassionate Mind : Weigh them in the Scale of Reason, in the Ballanee of cool deliberate Reflection. By the numberless Blessings of Liberty, heavenly-born; — by the uncontroulable Dictates of Conscience, the Vicegerent of GOD ; — by the Horrors of Per- secution, conceived in Hell, and nurs'd at Rome / — and by the awful Name of Reason, the Glory of the human Race ; I conjure you to pluck tTift this Thorn, which is incessantly stinging and goad- ing the Bosom of every Man of Integrity and Candour ! Next to the most patriot King that ever grac'd a Throne, and the wisest Laws that ever bless'd a People, aii equal Toleration of Conscience, is justly deem'd the Basis of the public Liberty of this Country. And will not this Foundation be undermined? Will it not be threatned with a total Subversion, should one Party obtain the sole Management of the Education of onr Youth? Is it not clear as the Sun in his Meridian Splendor, that this Equality — this precious and never-to-be-surrender'd Equality, will be destroy'd, and the Scale preponderate in Favour of the Strongest ? And are we silent and motionless, to behold the Abolition of tliose invaluable Bulwarks of our Prosperity and Repose? Is not the Man, — the Man do I call him ? Is not the Miscreant, who refuses to repel their Destruction, an Accomplice in the Crime? Does he not agi-ee to sacriflce tliat which, next to the Protection of our Mother Country, constitutes our' Security, our Happiness,"^ and our Glory? He is beyond Question cliargeable with this aggravated Guilt. — Let us, therefore, strive to have the College founded on an ample, a generous, an universal Plan. Let not the Seat of Literature, the 222 University Convocation. Abode of the Muses, and the Nurse of Science; be transform'd into a cloister of Bigots, an Habitation of Su})erstition, a Nursery of ghostly Tyranny, a School of rabbinical Jargon. The Legislature alone should have the Direction of so important an Establishment. In their Hands it is safer, incomparably safer, than in those of a Party, who will instantly discover a Thirst for Dominion, and lord it over the Rest. Come on then, My Country-Men, and awake out of your Lethargy ! Start, O start, from your Trance ! By the inconquerable Spirit of the ancient Britons; — by the Genius of that Constitution w^hich abhors every Species of Yassalage ; — by the unutterable Miseries of Priest-Craft, reducing Nations and Empires to Beggary and Bond- age ; — by the august Title of Englishmen, ever impatient of lawless tyrannic liule ; — by the grand Prerogatives of Human Nature, the lovely Image of the infinite Deity ; — and what is more than all, by that Liberty ichereu)ith Christ has set you free ; — I exhort, I beseech, I obtest, I implore you, to expostulate the Case with your Representa- tives, and testily your Abhorrence of so perillous, so detestable a Plot. In Imitation ot the Practice of your Brethren in England, when an Affair of Moment is on the Carpet, petition your respective Members to take it into their serious Consideration. Acquaint them with your Sentiments uf the Matter, and I doubt not, they will remove the Cause of your Disquiet, by an Interposition necessary to the public Prosperity, and eventual of their own immortal Honour. Z. fW^IIK Reflector'' s Sentiments, relating to the religious Worship of -*• the College, Jtaving been ohjected to under pretence, that no Prayer can he calculated to please all Parties, he intends, in some future Paper, to exhibit a Form, against which no Protestant of the most scrupulous Conscience can except. SIR. Number XXIX. THURSDAY, JUNE 14, 1753. * * To the Independent Reflector. AMONG the many Objections raised by the Enemies of civil and religious Liberty, against your Sentiments on our future ' CV)1 lege, there is one which for its peculiar Malignity, deserves, in 'my Opinion, the severest Animadversions. It has often been 'advanced by Persons equally unacquainted with your Subject and 'Design, that instead or delineating a just Plan for so noble a 'Structure, you have endeavoured, by raisina: the Heat of Parties, to ' prevent our having any College at all. This Assertion contains a 'double Charge, either Part of which were it true, would be suffi- 'cient to blast the growing Reputation of your weekly Reflections. Annals of Public Education. 223 ' For my Part, I have considered your Papers with the Impartiality becoming a Friend of public Yertue, and cannot discover the least Marks of an Attempt to raise Animosities among your Fellow Creatures. You have indeed animated the various Sects among us, to guard against the Encroachments of each other, which to me appears to be the most natural Means for suppressing the Growth of party Zeal : For the Heat of Sectaries consists not in a mutual Watchfulness, by which they severally keep themselves in a State of Independence; but on the Contrary is the natural Offspring of a persecuting Spirit in the prevailing Persuasion, and tlie just Resent- ment of the injured and oppressed. Where all Men enjoy an equal Freedom in Profession and Practice, there can be no Room for the Exertion of so uncharitable a Fervour ; and nothing but unwarrant- able Encroachments can be productive of Heat and Opposition. In endeavouring, therefore, to support the Freedom of each particular Sect, you have evidently aimed at the Repose and Tranquility of the Whole. ' But after all, had You arrouzed the Spirit of Party among the People of this Province, is there not sufficient Reason to. warrant such a Conduct, tho' so loudly exclaimed against ? Does not one Persuasion openly and avowedly claim the Management of an Atfair, with which the Happiness of all Sects is most intimatedly connec- ted ? And will not so daring an Encroachment justify the utmost Rage of the Parties insulted ? While any Denomination continues so insolent a Claim, it becomes a public Writer industriously to rake up the Sparks of Party, and fan the Fire of Opposition till it mounts into an universal Blaze. ' The second part of the Charge is, that you aim at having no Col- lege. And for this Assertion, whoever candidly reads your Papers, will own there is not the least Foundation. You have convinced the World that you are sensible of the vast advantages of a Public Academy, and would willingly have it secure against the Attacks of every Denomination, that it might continue an inexhaustible Fund of universal Happiness, to latest Posterity. It is true you have declared, that you would prefer our present illiterate State, to all the Benefits we can possibly purchase by raising a College at the Expence of our Liberty: And this, doubtless, is what they mean by your aiming at having no College at all. Nor can they be persuaded, that rough uncultivated Liberty, is infinitely preferable to the most polished and ornamented Servitude. / am your Humhle Servant, B ACADEMIC US. Bye, 18th May, 1753. [For typographical convenience, we have transposed the next preceding and succeeding articles from their original order.] 224 University Convocation. Number XXVII. THURSDAY, MAY 31, 1753. A Prayer. AMONGST numberless other Absurdities, it bath often been asserted by tliose for a partial College, that no prayer could possibly be formed, but what would be rejected by all other Denomi- nations, on Account of the Party by whom it w^as composed. I shall therefore lay before the Eeader, a Prayer wholly collected from the Scriptures, except the Passaji^es in Italics;^ ai^^ainst which, I presume, no Christian of any Persuasion can object, without at the same Time manifesting his Irreverence for the sacred Oracles. * * * * [This Prayer being very long, we copy only the last third of it (omitting the marginal references of the original to books, chapters and verses), M'hich will sufficiently illustrate its character and scope :] * X- * * Wisdom is better than Rubies, Length of Days are in her Right Hand, and in her Left Hand Riches and Honour: Her Ways are Ways of Pleasantness, and all her Paths are Peace. Let the Know- ledge of Wisdom be sweet unto our Souls, as is the Honey-Comb unto the Taste. Let us perceive the Words of Understanding, and cry after Knowledge. Doth not Wisdom cry, and Understanding ])ut forth her Voice? She crieth at our Gates, at the Entry of this Ilotise, at the coming in at the Doors unto us doth she call, unto us lifteth she her Voice. Let us therefore hear Instruction, be wise and refuse it not: Watching daily at Wisdom's Gates, and waiting at the Posts of her Door: For whoso lovetli Listruction, loveth Knowledge. Unto thee, O God, do we give Thanks, unto thee do we give Thanks. We will praise the Lord for it is good, it is pleasant, and Praise is comely for the Upright. It is a good Thing to give Thanks unto the Lord, and to sing Praises unto thy Name, O Most High ! To show forth thy loving Kindness in the Morning, and thy Faith- fuhiess every Night. We bless thee, that when the Fulness of Time was Come, thou didst send forth thy Son made of a Woman, made under the Law, to redeem them that were under the Law, that we nii<;iit receive the Adoption of Sons. That we have an Advocate with the Father, even Jesus Christ the Righteous. That he is set on the Right Hand of the Throne of the Majesty in the Heavens, Angels and Authorities, and Powers being made subject to him. That he Iniih sent us another Comforter to abide with us forever, even the Sj)irit of Truth. The Lord is good, his Mercy is everlast- ing, and his Truth endureth to all Generations. Let thy Salvation and thy Righteousness be openly shewed in the Sight of the Heathen, and let all the Ends of the Earth see the Sal- 'The compiler does not adhere to this rule in the use of the words ^^ Levi" " Amen" and " Our Futher wlio art in Heaven." Annals of Public Education. 225 vation of our God. Let the Word of the Lord have free Course, and let it be glorified. Save thy People, O Lord, and bless thy Heritage : Feed them also, and lift them up forever. Bring thy Seed from the East, and gather them from the West : Say to the North give up, and to the South keep not back. Bring thy Sons from afar, and thy Daughters from the Ends of the Earth. From the rising of the Sun to the going down of the same ; let thy Name be great among the Gentiles, and the Earth be full of the Knowledge of the Lord, as the Waters cover the Sea. Grace be with all them that love the Lord Jesus Christ with Sincerity. Give King George thy Judg- ments, O God, and thy Kighteousness, that he may judge the Poor of tlie People, save the Children of the Needy, and break in Pieces tiie Oppressor. Let him redeem their Souls from Deceit and Vio- lence, and let their Blood be precious in his Sight. Let his Throne be established in Righteousness, and upheld with Mercy. Make him exceeding. glad with thy Countenance. Through the tender Mercy of the most High, let him not be moved. Cloath his Enemies with Shame, but upon himself let the Crown flourish. Grant him length of Days, and let his Glory be great in thy Salvation. jBless his Hoi/al Highness George Prince of Wales, the Princess Dowager of Wales, the Duke, the Princesses, and all the Royal Family. May thy loving Kindness be before their Eyes, and may they walk in thy Truth. Smile 07i our Governor. May he walk in LTpriglitness : And may his Ways please the Lord. Teach our Senators Wisdom. Let our Rulers be able Men, such as fear God, Men of Truth, hating Covetousness. That Justice may run down as a River, and Righte- ousness as a mighty Stream. Peace be within our Borders, and Prosperity within our Palaces. Make our Officers Peace, and our Exactors Righteousness. Let Violence never be heard in our Gates ; Wasting or Distruction in our Borders: Let our Walls be called Salvation, and our Gates Praise. In the Name of our Lord Jesus Christ, let there be no Divisions among us, but that we may be per- fectly joined together in the same Mind and in the same Judgment. Purify the Sons of Levi / purge them as Gold and Silver, that they may offer unto the Lord an Offering in Righteousness. Let the Ser- vants of the Lord be gentle to all Men, apt to teach — patient — Examples to the Believers, in Word, in Conversation, in Charity, in Spirit, in Truth, in Purity. Let us know above all Things, that the Fear of the Lord is the Beginning of Wisdom, and the Knowledge of the Holy is Under- standing. Let us love our Enemies, bless them that curse us, do good to the in that hate us, and pray for them that despitefully use us, and persecute us. Father forgive them, for they know not what they do. Now to the King eternal, immortal, invisible, the only wnse God, be Glory and Majesty, Dominion and Power, both now and ever, Amen. Our Father who art in Heaven, &c. In like Manner occasional Parts may be composed, adapted to the Morning, and Evening, Sabbath, Sickness, Death, War, Famine, Fast- ing, Thanksgiving, (&c. A. & Z. 15 226 University Convocation. Number L. thursday, november 8, 1753. The Advantages of Education, with the Necessity of instititting Grammar Schools for the Instruction of Youth, preparatory to their Admission into our intended College. My Spirit pours a Vigour thro'' the Soul, TK unfettered Thought with Energy inspires, Invincible in Arts, in the bright Field Of laureVd Science, f Grammar School Learning, they are enured to Books and Attention, in a Manner the most easy and natural. Their Capacities gradually opened — their Curiosities raised — Their Powers strength- ened — their Views extended, and tlieir Minds familiarized to Inquiry: All which must be necessary and advantageous to them in any Employment in Life, even tho' they do not enter upon collegiate Exercises in a more deep and abstruse Course of Studies. It is Dr. Swift who says, >' The Books read at School are full of Incitements to Virtue, and Discouragements from Vice, drawn from, the wisest Reasons, the strongest Motives, and the inost inflxtencing Examples. The very Maxims set tip to direct modern Education, are enough to destroy all the Seeds of Knoioledge, Honour, Wisdom and Virtue among us. The current Opinion p>revails, that the Study of Greek and Latin is Loss of Time.^'' Sixthly : It may be observed, that few, if any, of the Pupils in the Grammar School to be erected in the College, will be of an Age to admit of their living within its Walls. Their tender Years will render it necessary for them to board at private Houses in the City, for the Advantage of Nurses to exercise over them a Mother's Care, which will prevent the Masters from that narrow Inspection into their Conduct from which they cannot so well be exempted at a School in the Countrj', and at the same Time weaken the Support of a suitable Government in the College, where, unless the strictest Regimen is observed, the wildest Confusion and Disorder will take Place, to the absolute Ruin of the Students. I ONLY add, that no Instance can be assigned that Grammar-School- Learning was ever a Part of the Instruction in any College or Uni- versity ; and I conceive, for the Reasons before offered, it would be very improper for ns to begin such an unprecedented Institution. The Enc-ouragement of County Schools, will suppl}^ our College with Students, in a Manner best suited to our Cii'cumstances ; and if we neglect them, I think one may ventui-e to predict, that the Acad- emy will never rise to any Considerable Fame, nor answer the gen- eral Expectations of the Province. A. Annals of Public Eduoatfon. 231 Number LI. THURSDAY, NOVEMBER 15, 1753. WHEN I consider, either the favourable Sentiments which the Author of the following Letter is pleased to entertain of some of my Reflections, or the Importance of the Subject he has chosen, and the masterly Manner in which he handles it, I think it would be an Injury, both to the Public and myself, to refuse it a Place in the Reflector. To the Independent Reflector. Philadelphia, October 21, 1T53, STR, THO' we are unknown to each other, and my Residence is out ' the Province, for which your Papers are more particularly calculated, I cannot restrain my Acknowledgments to an Author who inspired with an amiable Disinterestedness, so industriously aims at the Advancement of the Honour and Happiness not only of his own Country, but of universal Mankind. I heartily approve of your Papers in general ; but of those on the Subject of the College, I have the highest Opinion. The Method you therein pursued is strictly accurate, and the Scheme you proposed for its Constitution and Government, judicious and wholesome. I do not remember to have heard any Man, who has impartially considered it, advance any material Objection against it. Nor do I believe, from what I know of the State of your Province, that a more advantageous Scheme can possibly be recommended to a People split into sucli a Diversity of religious Opinions. Yours not only obviates the Jealousy of each, but eflfectually secures all in the lasting Enjoyment of their Liberties. And in this Yiew of your Sentiments on that important Subject, it has been Matter of Surprize to many Gentlemen among us, who heartily desire to see Learning prevail in the Plantations, that, after the Plan you have drawn up and proposed, the Affair of the College should have so tardy a Progress. These Colonies have hitherto been too much despised by some British Politicians, whose Indiff'erence has often exposed us to sundry political Disadvantages. The best Means for raising a Sense of our Importance, and in Con- sequence of it, an Attention to our provincial Interests, is, in my opinion, to encourage the Education of Youth in all our Prov- inces. The Importation of Foreigners, and our own Growth, will, indeed, people our Country. Our Lands may be cultivated, and our Commerce enlarged; but our Reputation, and ev^en our Strength, will principally depend upon able Councillors, sensible Representa- tives, and Ofl&cers of Judgment and Penetration. But, how shall we preserve those Rights of which we are ignorant ? How intro- duce Measures necessary for our general Prosperity, but with great Art and Address ? Tho' we are entitled to all the Rights of English- men, we have not an equal Security with those of our Fellow Sub- 232 University Convocation. 'jects, who enjoy the Happiness of living under the immediate ' Protection of oiir gracious Sovereign. The Infancy of our Country, ' necessarily exposes us to many Defects which are not to be found in 'a State grown perfect and compact by Time and Experience. Our ' politicaf Frame must attain its' full Maturity by Steps gradual and 'slow. Nor shall we ever behold this happy Period, 'till we apply ' our Tlioughts to the Consideration of our Condition, Interest and ' Relations. There are doubtless some Instances of Persons of that ' Turn among us : A few will, however, but little avail us : Their 'Influence will be no wider than their Sphere. Such a Spirit must ' become general, before the Advantages will be so ; and of all the ' Methods we can pursue, there u none so likely to enkindle and 'diffuse it, as the Encouragement of Education, thereby furnishing ' our Colonies with Men of Sense and Literature, with enterprizing ' Heads, and Hearts inflamed with Patriot-Fire. ' I ASSURE you. Sir, I am deeply affected with the Indifference ' which prevails among some of you in the important Undertaking ' of erecting a College ; and I think the Opposition to your Scheme, ' as it retards that useful Design, a Shame to your Adversaries. ' Such a Seminary would not only be advantageous to your Province, ' in the View I have before considered it, but would attach to it many 'of our Youth. Our Academy is only intended to teach the lower ' Kinds of Knowledge; and, indeed, in that Respect, will, undoubt- ' edly, be of admirable Service. But if the College of New - York, is ' established upon the free Bottom you proposed, by which all tlie ' Students, of whatever Protestant Denomination, will be received ' upon, and admitted to a perfect Parity of Privileges, it cannot but ' prosper, and invite Pupils from all our Colonies, as it will, in ' Reality, be preferable to the public Seminaries of all of them, each ' savouring more or less of religious Party. Nor has the Catholicism ' of your plan been less happy in obviating the Objections which the ' Gentlemen of the West-Indles,\\2iwe, hitherto raised against most ' of our Northern Colleges. ' The Contention about introducing the English Litnrgy, tho' I 'profess myself a Churchman, has, in ray Opinion, had more Regard ' paid to it, than ought to be allowed to any Thing that impedes so 'good a Design. You, indeed, have insisted, that no Form used by 'any Church in your Province should be introduced, lest a Discrimi- ' nation of one Sect enkindle the Jealousy of the Rest, to the Preju- ' dice of the College. I concur with you in Opinion, if a Form could ' he agreed upon free fi-om tlie Objection : But you'll admit it a great ' Pity, that such a trifling Dispute, should retard so glorious and ' benefleial an Undertaking. The Form of Prayer you Proposed as 'a Model, tho' ingenious, will, I believe, never be consented to, ' because I do not suppose your Assembly will ever think proper to 'give themselves tiie Trouble of preparing a Set of Forms. In ' Favour of the Liturgy of the Church of ^Jiujland it is urged, that ' the Nation has approved it; but it must be confessed, that tho' it is ' very well suited to the State of a Church, it will require a consider- ' able Alteration, to adapt it to the State of such a Seminary: The Annals of Public Education. 233 ' Forms of the Dutch and French Protestant Churches are as ojood, 'and will require less Alteration and Addition; and if it should not ' be thought proper to introduce them, rather the Contention about 'Forms should impede that noble Design, the Prayers, I think, ' should be left to the Discretion of the President, with the Trustees, ' to whom it should be committed, to draw up a Formular_y, to be ' laid before your Legislature for their Approbation and Establish- ' ment. ' These, Sir, are my Sentiments of the Matter, and upon your ' Promise to correct them, you have Leave to give them a Place in ' your Paper. I hope, at your next Session, something difinitive will ' be done in this Affair. May God inspire your Legislature with a ' generous Regard to the Liberties of their Countrymen, and assist ' them in establishing the College upon such a Foundation, as that it ' may continue a perpetual Blessing to your Province, and of great ' Utility to Mankind. /am, &cP A. The Independent Refiector, the organ of Mr. Livingston's opposi- tion to the college, ceased with its 52d number, on the 22d of Novem- ber, 1753 ; the printer, Parker, refusing to, go on with it. In the month of January following, Mr. Livingston reprinted the whole, with a long preface; and bearing on its title page "Printed until tyrannically suppressed in 1753." Contemporary with this Independent Reflector^ but of less note, were several publications relating to the college controversy, and turning upon the same points that Mr, Livingston professed to have in view.'^ I An A ct further to continue the duty of Excise and the Currency of the Bills of Credit emitted thereon^ for the purposes in the former act and herein mentioned. [Passed July 4, 1753.] Whereas^ by an act of the Governor Council and General Assem- bly entituled, " an act for laying an excise on all strong liquors retailed in this Colony," passed the twelfth year of her late Majesty Queen Anne, there was granted to and for the use in the said act particularly mentioned, a duty of excise on all strong liquors retailed in this colony for the term of twenty years, to determine on the iirst day of November, in the year one thousand seven hundred and thirty four, which by several subsequent acts has been prolonged to the year one thousand seven hundred and fifty-seven : — And lohereas, it has been the intention of the legislature for several years past, to establish a seminary within this colony, for the educa- * Moore's Hist. Bketch, p. 11, 234 University Convocation. tioii of youth in the liberal arts and sciences, and as at present, no other means can be devised, than by a further continuance of the aforesaid act, and the bills of credit issued thereupon, and his Excellency the Governor having been pleased to approve the inten- tions of tiie General Assembly "to proceed upon that good design at this session, as signified by their votes at their last meeting ; — The General Assembly therefore pray it may be enacted and. Be it Enacted ' * * That the before mentioned act, entituled, [as above] "^ * be, remain and continue of full force and virtue, to all intents, constructions and purposes whatsoever, until the first day of November, which will be in the year of our Lord one thousand seven hundred and sixty seven. And he it further enacted * * That the Treasurer of this colony for the time being, is hereby enabled and directed, to pay unto the trustees mentioned and appointed in and by an act passed in the twenty fifth year of his present majesty's reign entituled, "An act for vesting in Trustees the sum of three thousand four hundred and forty three pounds eighteen shillings, raised by way of lottery, for erecting a college within this colony, out of the moneys arising by the duty of excise, the annual sum of five hundred pounds, for and during the term of seven years, to commence from and after the first day of January now next ensuing, to be by them apportioned and distributed in salaries for the chief master or head of the seminary, by M'hatever denomination he may be hereafter called, and for such and so many other masters and officers, uses and purposes, concerning the establishment of the said seminary, as the said trustees shall from time to time in their discretions think needfull : always provided, that the whole charge and expence of the same, do not exceed the above sum of five hundred pounds a year, any thing in the acts aforesaid to the contrary notwithstanding. And he it further enacted * * That the said Trustees, shall be and are hereby impowered to apportion and ap]wint the quantum of the salary's of the several masters and otticers of the seminary hereby intended to be established, and to direct the payment thereof by quarterly or half yearly payments, as they in their discretion shall think most fitting and convenient. And he it further enacted * * That the Trustees aforesaid, shall ascertain the rates which each student or scholar shall annually pay, for his or her education at the said seminary, for all of which sums they shall account \\\\X\ the governor or coininander in chief for the time l)eing, the council or the General Assembly when by them or any of them thereunto required, and Avliich said sums shall be aj)])lied to and for such use or uses as shall be directed by an act or acts hereafter to be passed.^ -X- * * * [The continuation of tliesc Annals of the founding of Kiiufs College, etc., may be expected in future issues of the Convocation Proceedings.] ' MS. Laws, in office of Secretary of State. Annals of Public Education. 205 [ Continued from. Convocation Proceedings for 1868 and 1869.] MNALS OF PUBLIC EDUCATION IN THE STATE OF NEW YORK.* By Daniel J. Pratt, A. M., Aseietant Secretary of the Regents of the University. LEGISLATIVE GRANTS AND FRANCHISES ENACTED FOR THE BENEFIT OF ACADEMIES. The following is a summary of legislation from 1Y86 to 1873, for the pecuniary relief and benefit of academies : Gospel, School, and Literature Lots. 1786. " A71 ACT /or the speedy Sale of the unappropriated Lands within this state, and for other purposes therein mentioned^'' consti- tuted certain State officers " commissioners of the land office," under whose direction the Sm-veyor-Geueral was to lay out the waste and unappropriated lauds belonging to the State into townships of sixty- four thousand acres each (ten miles square), as nearly as might be, and these townships into lots of six hundred and forty acres each, and con- struct a map of the same ; and " XL That in every township so laid out, or to be laid out as afore- said, the surveyor-general shall mark one lot on the map, gospel and schools, and one other lot, for promoting literature, which lots shall be as nearly central in every township as may be; and the lots so marked shall not be sold, but the lot marked, gospel and schools, shall be reserved for and applied to promoting the gospel and a public school or schools in such township ; and the lot marked, for promoting literature, shall be reserved to the people of this State, to be hereafter applied by the legislature for promoting literature in this state." The Southern District of the State (New York, Kings, Queens, Suffolk and Westchester counties) was excluded from the provisions of this act. 1 Greenleaf p. 280. 1790. " An ACT for the further Encotoragement of Literature,'''' declares, by way of preamble, that "it is the duty of a free and enlightened people to patronize and promote science and literature, as the surest basis of their liberty, property and happiness ;" that the Regents of the University " have represented that Columbia College, as well as the respective academies incorporated by the said regents in pursuance of the trust reposed in them by the legislature, • Entered according; to act of CoBgress, iu the year eighteen hundred and seventy-one, by Dauox J. Pratt, in the ofllce of the Librarian of Congress, at Washington. 206 University Convocation. require aid and encouragement to remove the impediments under which they labuur, from a deficiency of their funds, notAvithstandin^ the contributions of individuals"; and that it appears ''to this legislature, that a proportion of the public property will be wisely and usefully employed in enabling- the said regents to remove those disadvantages, and to proceed with greater energy and success in accomplishing the important office assigned to them by law, as the guardians of the education of the youth of this state." The said act therefore authorizes the Regents to take possession of and lease out certain described lands and tenements vested in the people of this State, and to apply the rents and profits thereof " for the better advancement of science and literature in the said college, and the respective academies now incorporated or hereafter to be incor- porated under their superintendence and authority within this state, and in such manner and proportion as they shall conceive will best answer the ends of their institution and the true intent and meaning of this act : Reserving so much of the said rents, issues and profits as shall be found necessary to defray the expense which shall be incurred by them in the execution of their trust." The same act further declared that, in addition to the provision which may arise from the rents and profits of such lands, a sum of money should be applied without delay tor the same object, and actually appropriated the sum of one thousjind ])Ounds to Columbia College, out of any unappropriated money hi the tre^isury. 2 G-reeti- leaf. p. 316. 1792. " An ACT to Encourage Literature., hy Donations to Colum- hia College^ and to the several Acadamies in the State^'' on the ground that the college had sustained serious losses in consequence of the late war, and was unable to incur such further expenses as would render it more extensively useful without pecuniary aid from the Legislature, appropriated for various wants of the college, out of any unappropriated moneys in or to be in the treasury after providing for certain specified objects, the aggregate sum of £7,900, and a further annuity of £750 for the term of five years ; and a like annuity of £1,500 for five years, for the benefit of academies. 2 Greenleqf, p. 479. SPECIAL LEGISLATION. The earliest special legislation in favor of academies, during the period under consideration, seems to have been in behalf'of Johnstown Academy. 1796. "Jin ACT relative to certain confiscated Lands in the coun- ties of Saratoga and Montgomery,'' provided : " That all the estate, AimALS OF Public Education. 207 right, title, interest, claim and demand of the people of the state of New York in and to lot number thirty-six in the village of Johns- town in the county of Montgomery, consisting of half an acre here- tofore by law appropriated to and set apart for the nse of a school,* be and the same is hereby vested in the trustees of Johnstown acad- emy and their successors in trust for the only beneiit and advantage of tlie said academy." The trustees of the academy were further autnorized by the same act, to sell said lot and to buy another for the same purpose, if deemed advantageous. 3 Greenleaf, p. 327. Thirty years later, a sum of money was appropriated to this academy : 1826. "AN ACT for the Relief of Johnstown Academy. Be it enacted,^'' etc., " That the treasurer shall pay, on the warrant of the comptroller, to the trustees of Johnstown academy, the sum of six- teen hundred dollars : Provided^ Tliat before the receiving the said sum, the trustees shall give security, satisfactory to the comptroller, for the faithful application of said sum to the erection of a suitable building for the said academy, or to the repair of the present build- ing, and to the purchase of a library and chemical apparatus, and that they will duly account for the expenditure thereof to the regents of the university." Statutes, p. 90, 1827. " AN ACT to amend'' the foregoing act of 1826, authorized the investment of any unexpended balance of the appropriation, and the application of the annual interest thereof to the paj'inent of teachers, or the purchase of a library or chemical apparatus, at the pleasure of the trustees. Statutes, p. 205. Oxford Academy. 1800. " An ACT relative to Oxford Academy,'' on the representa- tion of the Regents of the University " that Oxford Academy has been accidentally consumed by fire, and that in their opinion legis- lative aid would be yjroper for the purpose of re-building said academy," authorizes the trustees to select one of the lota reserved for promoting literature in this State, and directs the com- missioners of the land ofiice to grant " letters pattent " for the same. Statutes, p. 237. 1821. Section Yltl of " AN ACT to divide the town of Windsor," etc., appropriates "the annual income arising from the sale of the literature lot in the township of Fayette, in the county of Chenango, * " Sir Wm. Johnson set apart a portion of the Kingsborough patent for the benefit of a free school. This reservation was respected by the courts of forfeiture, and trustees were appointed to take cliarge of the trust. The proceeds were appro- priated to the use of this [Johnstown] Academy." FrencKi Gazetteer of the State of Feio York (1860), p. 317 ; Hough's Gazetteer (1872), p. 312. 208 University Convocation. to the trustees of Oxford academy, for the use and benefit of said academy.'' Statutes, p. 239. 1822. The bunds and moneys received from the sale of lot No. 51, in the township of Fayette, were granted to the trustees of Oxford Academy, the principal of which was to be invested for the use and benetit of said academy. Statutes, p. 4. 1868. "AN ACT for the relief of the Oxford Academy," authorizes and directs tlie trustees of the village of Oxford to levy and collect, out of the taxable property of said village, one thousand and live hun- dred dollars, to pay up the indebtedness of said academy and for the improvement of the academic property. Statutes, p. 823. " LiTEKATURE LoTl'ERIES, ETC., FoR THE JOINT BENEFIT OF ACADEMIES AND Common Schools." 1801. ^'An ACT for the encouragement of Literature,^'* provided that " there shall be raised, by four successive lotteries, the sum of one hundred thousand dollars, that is to say, the sum of twenty-five thousand dollars by each lottery," from the net avails of which the sum of twelve thousand five hundred dollars was to be paid to the Regents of the University, for distribution to academies, and the residue into the treasury of the State for the encouragement of com- mon schools, in such manner as the Legislature should from time to time direct. Statutes, p. 158. 1814. The commissioners of the land office were directed "to seP and convey all the hinds belonging to the peoi)le of this state, lying and being in the towns of Maryland and Milford, in the county of Otsego, and the sum or sums of money to be received therefor, to pay over in the following manner, the one moiety thereof to such academy or academies as the regents of the university shall or may direct, and the remaining half to the treasurer, for the benefit of common schools." Statutes, p. 95. 1816. " An ACT/b/' the sale of certain unap^^rojrriated lands in the county of Otsego,^'' provided for the sale of certain lands in said county, and the application of the prt)ceeds, one-half to such academy or academies as the Regents of the University should direct, and the other half to the credit of the connnon school fund. The third sec- tion repealed the aforesaid act of 1813. Statutes, p. 86. Cayuga Academy. 1806. By "An ACT for the relief of the trustees of Cayuga Academy,^'' the commissioners of the land oftice were instructed to grant a certain 275 acres of land, in the township of Scipio, to the Annals of Public Education. 209 trustees of said academy in fee simple, with the proviso that the said trustees pay the occupants of the land the value of the improvements made thereon. Statutes, p. 78. 181-i. Lot No. 89, in the town of Cato, was granted to Cayuga Academy in the place of lot No. 36, in the town of Aurelius, which was previously granted to both Cayuga Academy and Union College, and which was held by tlie said college. Statutes, p. 79. Origin of the Liter atuke Fund. 1813. " ^?i ACT dii'eeting the sale of certain Lands for the benefit of Academies^'' required the commissioners of the land office to sell, for the benefit of such academies, or to convey to such academy or academies as the Regents of the University shall direct, a certain tract of land in the town of Westford, in the county of Otsego. Statutes, p. 290. 1813. ^^ An ACT to authorize the sale of Lands apjpropriated for the pro7notion of Literatuy^e^'' directed the commissioners of the land office " to cause all the land heretofore appropriated for the promotion of literature in this state, and situate in the military tract, or in either of the counties of Chenango or Broome, and now remaining unsold or not disposed of, to be surveyed and sold .... and to vest the proceeds in such manner as they may deem best calculated to secure the principal sum, and the regular payment of the interest thereon annually ; and the Regents of the University shall make such distribution of the annual income amongst the several incorporated academies of this state as in their judgment shall be just and equita- ble, taking into calculation all former or present endowments made by the legislattire of this state, except lot number twenty-four, in the town of triysses, in the county of Seneca, lot number thirty-six, in the town of Aurelius, in the county of Cayuga, and lot number eighty-five, in the town of Homer,* in the county of Cortland, which lots are hereby appropriated to the support of academies in each of the said respective counties in wliich the said lots severally lie, to be regulated in such manner as the legislature shall hereafter direct." Statutes, p. 319. PoMPBY Academy. The same act provided that lot No. 15, in Camillus, Onondaga county, be granted to Pompey Academy in fee simple, and directed the trustees of said academy, " whenever they shall sell the said lot, or any part thereof, to loan the money arising from such sale on landed security to double the sum so loaned, and on the payment of any such loan', again to reloan the same forever, and appropriate the * 1823. The trustees of Cortland Academy were authorized to sell tliis lot and v^gti the proceeds for tbe benefit of their academy. Statutes, p. 8, 14 210 University Convocation. interest arising from such loans forever to the support and mainte- nance of instruction in said academy." Statutes, p. 319. 1814. The Supervisors of Seneca county were directed by law to take posr^ession of lot No. 24, in the town of Ulysses, and to lease the same for the term of five years, for the support of academies in the said county, in such manner as the legislature should thereafter direct. Statutes, p. 74. Erasmus Hall Academy. 1814. " J.W ACT relative to Erasmus HalV^ provided, that " whereas, difficulties exist respecting the distribution of the school money in the town of Flatbush, in Kings county : therefore, .... the school money granted from time to time to that part of the town of Flat- bush, commonly called the Old Town, .... be paid .... to the trustees of the academy of Erabui us Hall, .... to be applied to the education of ... . poor children belonging to the said old town, and sent to the said academy, and who in the opinion of the said trustees shall be entitled to gratuitous education," This act further provided that the trustees of said academy should account to the school commissioners of the town for the faithful appli- cation of the money, and report annually as to the number and pro- gress of the children so instructed. Statutes, p. 91 ; do. 1827, ^Oth sess., p. 336. Onondaga Academy. i814. " An ACT for the Payment of certain Officers of Govern- ment and for other purposes,''' granted lot No. 9, less fifty acres, in the town of Lysander, Onondaga county, to the trustees of Onondaga Academy in fee simple. Statutes, p. 253. 1825. "AN ACT for the relief of the Trustees of the Onondaga Academy,^'' granted lot No. 100 in the town of Lysander, less fifty acres, to the said trustees in fee simple, and directed that an appraisal of lots Nos. 9 and 100 be made, and that the amount -)f the appraised value of lot No. 100, in excess of the value of No. 9, be paid to the said trustees on the warrant of the comptroller; the interest arising therefrom to be applied for defraying the expenses of instruction, and for no other purpose whatever. Statutes, p. 353. Chapter 429 of the Laws of 1859 (p. 972) provided that this fund might be applied to payment of deljt ov, new building, St. Lawrence Academy. 1816. The commissioners of the land oftice were directed to issue letters patent conveying lot No. 56, in the town of Potsdam, to the Annals of Public Education. 211 trustees of St. Lawrence Academy, in fee simple, with the proviso that no lease of said lot shall be for a term of more than thirty-one years, and that the avails " be appropriated for the payment of wages of the tutors in the said academy and for no other purpose." Statutes^ p. 161. 1825. '-AN ACT/or the relief of the Trustees of the St. Lawrence Academy^'' authorized the commissioners of the land office "to sell, on the usual terms of selling public lands, such lot or lots reserved for literary pm-poses, and not otherwise appropriated to the literature fund, or otherwise, as may be sufficient to raise the sum of twenty- live hundred dollars, and to pay the same to the trustees of the St. Lawrence academy, for the nse of that institution : Provided, That the comptroller, before drawing his warrant for the payment of such money, shall be satisfied that the said trustees of the said academy shall have erected and completed, on ground owned by them in fiee, and free from incumbrance, a substantial brick or stone building for an academy, of the value of at least three thousand dollars." Statutes, p. 170. 1825. The commissioners of highways of the town of Potsdam were authorized to convey part of the public square to the trustees of St. Lawrence Academy. Statutes, p. 383. 1826. "AN" ACT to Garry into effect the Provisions of an act for the Relief of the Trustees of St. Lawrence Academy, passed April 9, 1825," directs that '' there shall be paid by the treasurer, on the warrant of the comptroller, to said trustees or their treasurer, the sum of twenty-five hundred dollars for the use of said institution, which said sum of money is hereby declared to be an advance for and in lieu of the sum of twenty-five hundred dollars, mentioned in the act, entitled [as above described], and the said sum directed to be raised by the act last mentioned, shall be raised in the manner therein mentioned, or in such other manner as the legislature shall hereafter prescribe, and become a part of the general fund of the state, as a I'eimbursement for the sum by this act authorised to be paid to the said trustees or their treasurer : Provided however, .... that the said trustees shall repay to the people of this state, such part of the said twenty-five hundred dollars as the said fund shall not be suffi- cient to repay, together with lawful interest from the time the said trustees shall receive the same." Statutes, p. 82. 1828. " The Trustees of St. Lawrence academy are hereby author- ised to sell, in whole or in part, and convey in fee simple or other- wise, the lot of land granted by the act hei-eby amended [that of 1816, above referred to], and to invest the avails of" said land in a permanent fund, the annual income of which shall be appropriated for the pay- ment of the wages of the tutors in the said academy, and for no other purpose." Statutes, p. 208. 1841. The Comptroller was authorized to loan to the Trustees of the St. Lawrence Academy, two thousand dollars out of the capital 212 University Convocation. of the common school fuud, for a term of ten years, at seven per cent, on a mortgage of academic property, and an insurance policy as col- lateral security. Any unpaid interest might be deducted from the distributive share of the literature fund. Statutes, p. 63. 1849. "AN ACT apprcpriating the revenues of the Literature and United States deposite fund^'' contains the following, among other appropriations to colleges and academies : " To the St. Lawrence Academy, two thousand dollars." Statutes, p. 433. 1851. "AN ACT making an appi'opriation for the St. Lawrence Aeademy, discharging a mortgage upon its academg huildings held ly this state, on which is due an arrearage of inter est^ appropriates out of any moneys not otherwise appropriated "" four hundred and seventy-three dollars and nineteen cents, . . . , in full satisfaction and discharge of a mortgage held by the state upon the academy build- ings of the St. Lawrence Academy, and belonging to the common school fund, which moneys hereby appropriated shall be paid into the common school fund." Statutes, p. 967. 1857. "AN ACT for the relief of the St. Lawrence Acadenuy.'** " The board of supervisors of the county of St. Lawrence are hereby authorised and required at their next annual meeting, to cause to be raised, levied, and collected by tax upon the inhabitants of the town of Potsdam, in said county, in the same manner in which the other taxes of the said town shall be raised and collected, the sum of fifteen hundred dollars, and when collected, to be paid over to the treasurer of St. Lawrence academy, for the use of said institution, for refitting and improving the buildings and premises of said academy." Star tutes, p. 20. Statutes Incorporating Academies. 1817. The first legislative act incori:)orating an academical institu- tion, viz., the Clinton Grammar School, was passed March 28, 1817 ; prior to which time the Regents of the University had incorporated forty academies, under the authority vested in that Board by the Legislature. The following copy of the act above referred to will serve as a specimen of numerous statutes subsequently enacted for similar pur- poses : Clinton Grammar School. 1817. "AN ACT to incorporate the Clinton grammar school. "WHEREAS Salmon Butler and others have, by their petition, represented to the legislature, that they have associated together and erected a building in the town of Paris and county of Oneida, for the use of a grannnar school, and have prayed for an act of incorporation — Therefore, Annals of Public Education. 213 I. BE it enacted [etc.], That Asahel S. Norton, Joel Bristol, Jesse Curtis, Seth Hasting-s, junior, and Isaac Williams, and their successors in office, be and they are hereb}^ constituted and declared to be a body politic and corporate, in fact and in name, by the name of the trustees of the Clinton grammar school, and by that name they and their successors shall and may forever hereafter have continual suc- cession, and be capable in law of suing and being sued, impleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatsoever, in all man- ner of actions, suits and causes whatsoever ; and may have a common seal, and change the same at pleasure ; and may hold, receive, pur- chase, have and possess real and personal estate, and at pleasure sell and dispose of the same, for the sole and only use of the said grammar school. II. And 1)6 it further enacted, That there shall be five trustees to manage the concerns of said corporation, any three of whom shall be a quorum for the transaction of business ; and that the five persons last aforesaid named, shall continue trustees until others are chosen in their stead ; and that when any vacancy or vacancies shall happen in the office of trustees, by deatli, resignation or removal from the town of Paris aforesaid, such vacancy or vacancies shall be supplied by appointment of some person or persons residing in said town, under the hands of the remaining trustees and their corporate seal. III. And he it further enacted, That the said trustees and their successors shall have power to appoint such and so many officers, instructors and agents, as they, or a majority of them, may think proper, for the conducting and managing the school, property and concerns of the said corporation, and to make all such by-laws, rules and regu- lations as they or a majority of them may think proper for the well ordering of the same, and for the election of trustees, by the persons who have contributed, or may contribute, towards the funds and pro- perty of said corporation : Promded however, That such by-laws, rules and regulations, shall not be inconsistent witli the intent of this act, the constitution and laws of this state or of the United States : Aiid provided further, That the legislature may, at any time, add to, alter and amend the provisions of this act." Statutes, p. 110. "AN ACT to incorporate the memhers of the New York Institu- tion for the Instruction of the Deaf and Durnb,^^ passed April 15, 1817, concludes with this section : " YI. And he it further enacted, That this act be and is hereby declared a public act, and that the same be construed in all courts and places benignly and favorably, for every humane and benevolent pur- pose. Statutes, p. 306. 1819. "AN ACT to incorporate a Female Academy in the village of Waterford^^ includes the following section : " YII. And be it further enacted. That this act shall be and is hereby declared to be a public act, and shall be construed benignly and favorably for every beneficial purpose hereby intended, nor shall 214 Univkksity Convocation. any non user of the priviloijes o-ranted hereby to the said corporation create or pnxhice any torfoiture of the same, and no misnomer of the said corperation,"^' in any (UhhI, will or testament, orant, i>it't, demise, or other insti'ument, ctmtractor conveyance, sliall defeat or vitiate the same : Pvovided the cor|)(>ratioii l)o sntHciently described to ascer- tain the intention of the parties. Statutes, ]>. 61. From the years 1819 to 1830 inclusive, forty-one Academies and similar institutions of learning- wen- incorporated by the Legislature, and twenty-ciiiht of these acts of incorporation are expressly declared to be public acts, generally in the precise language of the section last quoted above. The names of these twenty-nine institutions are : 1810. Waterford Female Academy. 1820. Catskill Female Seminary. Statutes, p. 87. 1820. Mount Pf-easant Acahemy. Statutes, p. 90. 1821. Alhany FEiMALE AcADEMY. Statutes, p. 43. 1822. Newtown Female Academy. Statutes, p. 59. 1822. CooPEKSTowN Female Academy. Statutes, p. 178. 1823. Ithaca Academy. Statutes, p. 93. 1823. Reduook Academy. Statutes, p. 413. 1824. KiNDERHooK AcADEMY. Statutes, p. 169. 1824. Jefeerson Academy. Statutes, p. 378. 1825. Seminary of the Genesee Conference (since Oneida Con- ference, and now Central N. Y. Conference Seminary). Statutes, p. 125. 1825. Ontario Female Seminary*. Statutes, p. 239. 1826. Briogewater Academy. Statutes, p. 96. 1826. BEPFoun xA-cademy. Statutes, p. 101. 1826. Cana.u)harie Academy. Statutes, p. 155. 1826. Rensselaer Oswego (now Mexico) Academy. Statutes, p. 158. 1826. Ovid Academy. Statutes, p. 164. 1827. Livingston County High School (now Geneseo Academy). Sfafuti's, p. 50. 1827. Si'RiNGviLi.E Academy (now (triffith Institute). Statutes, \\ tU>. 1827. Gaines Academy. Statutes, p. 300. 1827. Flushing Institute. Sttftutes, p. 360. 1827. Buffalo High School Assooiation. Statutes, p. 369. 1828. Alhany Female Seminary. Statutes, p. 221. 1828. RocHEsrER iNsriTurK of General Education. Statutes, p. 375. * So tpelled In the SUtate. Annals of Public Education. 215 1828. White Plains Academy. Statutes, p. 377. 1829. Palmyra High School. Statutes, p. 157. 1829. Brooklyn Collegiate Institute foe Young Ladies. Sta- tutes, p. 344. 1830. Ontario High School. Statutes, p. 119. The Revised Statutes, which went into full effect in 1830, made general provisions applicable to all corporations, and a clause refer- ring to these provisions occurs in many of the subsequent acts incor- porating academies, seemingly in place of the disused section " That this act be and hereby is declared a public act," etc. ; as above cited. LowviLLE Academy. 1818. One of the lots, of 640 acres, reserved by law within the ten townships located on the St. Lawrence, was directed to be granted by letters patent to the trustees of LoM^ville Academy ; and it was made the duty of the trustees to apply the interest arising from the sale thereof in the manner stated above with reference to Pompey Aca- demy, in 1813, (investing the principal, and applying the income to the maintenance of instruction). Statutes, p. 123. 1824. "AN ACT for the relief of the Trustees of the Lowmlle Academy^'' authorized the commissioners of the land ojBSce to sell lots reserved for literary purposes " sufficient to raise the sum of three thousand dollars, and to pay the same to the Trustees of the Lowville academy, for the use of that institution : Provided, that the comp- troller, before drawing his said warrant, shall be satisfied that the said trustees shall have erected and completed, on ground owned by them in fee and free of incumbrance, a substantial brick or stone building for an academy, of the value of at least eight thousand' dollars." (This provision was also enacted a year later, in the case of the St. Lawrence Academy, above cited, p. 211.) Statutes, p. 336. 1828. "AN ACT/br the relief of Lowmlle Academy,'''' authorized the trustees " to apply the whole avails of lot number fifty-six, in the town of Canton, in the county of St. Lawrence, to the payment of the debts owing by them, and which were contracted by them for the erection and completion of their academic buildings, notwithstanding any condition in the act granting the aforesaid lot to the use of the said academy." Statutes, p. 43. 1836. "AN ACT to provide for the rebuilding of the Lowville Aca. demy " directs that " the treasurer, on the warrant of the comptroller, shall, out of ai\y money in the treasury belonging to the capital of the common school fund, pay the sum of two thousand dollars to the trustees of the Lowville academj^, in the town of Lowville, in the county of Lewis, to be by them expended in the rebuilding of the 216 Uyn'RRsrrr Convocation. ]>riiu'i|>;il biiililinii^ hcloniiint!; to said aciideiuy; which said sum of two thoiisaiid doihirs shall he charood in tlie hooks of the comptroller as a dcltt diir IVoiii the said town of Lowville to this state, Mith interest tlu>i('on at the rate of six percent per annnm ; and the said debt shall heloui;' to the eomuum seluinl I'liiid."' 'IMie act further autlu)rizcs and re(piires the sujiervisors of Lewis county, at their annual meetini^ in each year, for five years, " to cause to be levied and collected from the taxable inhabitants of the afi>resaid town of Lowville, over and above all expenses of collecting the same, the sum of five hundred dollars, and the interest at the rate aforesaid, which may be due on the first day of February then next ensuin»;-, u])on so much of the principal smn of two tJKnisand dollars as shall then remain unpaid; .... and, M'hen so col- li'cted, one huiulred dollars thereof shall be paid to the trustees of the said Lowville academy, for the purposes aforesaid; and the residue thereof shall be paitl over to the treasurer of the said county of JiCwis,-' .... who shall " pay the same into the treasury of this state ; and, upon such .jviyment beiiii;- made, the same shall he an extinguish- ment of so nnu'h of the said debt so as aforesaid charged to the said town c>f Lowville.'' Statutes, p. 8'2. 184L The provisicuis of the above act were extended as to time. iitatuts, p. 249. AVashington Acapiomy. 181i>. "AN ACT for the Relief of the Trustees of the Washington Academy." This act recites that ''the trustees of Washington Acad- emy, situ.nte in the town of Salem, in the county of Washington, have sustained heavy losses, by having two edifices, together with the appa- ratus and libraries belonging thei*eto, destroyed by fire." The act, therefore, appropriates to said trustees, " out of any moneys not i>therwise appropriated, three thousand dollars, for the purjiose of enabling them to rebuild said academy, and also to supply the same witli suitable apparatus and library ;" for the faithful dis- charge of which trust they are to account to the comptroller. Statutes, p. t>2. Montgomery Academy. 1819. "AN ACT to enable the trustees ofthe Montgomtry Academy to erect a new hui/dinoard of trustees of said academy, on reconimen<]ation of the principal of said ucademy, to expel any scholar for improper conduct. § 7. All acts and parts of acts inconsistent with this act are hereby repealed. § 8. The said board of trustees of the village of Homer shall take no steps in pursuance of the provisions of this act until the same shall be approved by a majority of voters of said village voting at a special meeting held for that purpose, in the town hall in the said village of Homer on the tirst Tuesday of May next. A notice of which special meeting shall be published in two papers published in said village for two weeks previous to such election. Said vote shall be taken by ballot, and there shall be written or printed or partly w^ritten and |)artly printed on the ballots of tliose in favor of the tax, " For the payment of tuition of academic scholars in Cortland academy;'* and on the ballots of those opposed, " Against the payment of tuition of academic scholars in Cortland academy." The poll shall be open from one o'clock in the afternoon until seven o'clock in the evening. The trustees of said village shall preside at and certify the result of such meeting ; and such certificate shall be recorded by the clerk of said village in the village record. § 9. Tliis act shall take effect immediately. Statutes, p. 255. State Tax for the BENEFrr of Academies and Academical Departments of Union Schools. 1872. The Annual Appropriation Act contains the following para- graph : '* For the benefit of the academies and academical departments of the union schools, the sum of one hundred and twenty-live thousand dol- lars, or so much thereof as may be derived from a tax of one-sixteenth of one mill upon each dollar of the taxable property of the State ; the sum thus arising to be divided as the literature fund is now divided, which is hereby ordered to be levied for each and every year." Statut'>s,\). I'iibO. 1873. The Annual Appropriation Act renews the appropriation of 1872, with this modification of the clause following the M^ord " State," to wit : " this sum to be divided as the literature fund is now divided, and in accordance with the law passed in eighteen hundred and seventy-two ; but no part of this fund shall be distributed in aid of anv religious or denominational academy of this State." Statutes, p. '1007. The language used in tlie final clause of this paragraph differs from that which occurs in § 7, of the following statute : Annals of Public Education. 233 Free Instruction, Mode of Distribution, etc. 1873. "AN ACT iu relation to academies and academical depart- ments of union schools, and the distribution of public funds." Section 1. The sum of one hundred and twenty-five thousand dol- lars, ordered by chapter five hundred and forty-one of the laws of eighteen hundred and seventy-two, to be levied for each and every year, for the benefit of academies and academical departments of union schools, shall be annually distributed by the regents of the university, for the purposes and in the manner following, that is to say : § 2. Three thousand dollars or so much thereof as may be required, in addition to the annual appropriation of three thousand dollars for the same purpose from the literature fund, for the purchase of books and apparatus, to be annually apportioned and paid in the manner now provided by law. § 3. Twelve thousand dollars, or so much thereof as may be required in addition to the annual appropriation of eighteen thousand dollars from the United States Deposit fund, for the instruction of common school teachers ; the whole sum to be apportioned and paid to the several institutions which may give such instruction as now provided by law, at the rate of fifteen dollars for each scholar instructed in a course prescribed by the said regents, during a term of thirteen weeks, and at the same rate for not less than ten weeks or more than twenty weeks. § 4. The said regents shall cause to be admitted to the academic examination, established by them in the academies and academical departments of union schools, any common school, or free school, any scholar from any common school who may apply for such examina- tion .bearing the certificate of the principal teacher, or of any trustee of such school, that in his judgment such scholar is qualified to pass the said examination. § 5. Free instruction in the classics or the higher branches of English education, or both, shall be given in every academy and academical department of a union school subject to the visitation of the said regents, under such rules and regulations as the said regents may prescribe, to all scholars, in any academy and in any free school, or in any common school, who, on any examination held subsequent to the beginning of the present academic year, shall have received the certificate of academic scholarship issued by the said regents to the extent of twelve dollars, and if the condition of .the fund will admit not less than twenty dollars tuition, at such rates of tuition as are usually charged for such scholars in such academies and acade- mical departments respectively, and in case the tuition is free to resi- dent pupils, at the rates charged to non-resident pupils, or at such rates, in all cases, as the said regents may deem reasonable ; but such free instruction must be obtained by such scholars within two years from the date of their examination respectively. § 6. The said regents may, in their discretion and under such rules as they may adopt, annually apply a sum not exceeding twenty-five hundred dollars, in book or other premiums, for excellence in scholar 234 University Convocation. ship and conduct, as shown in the papers and the returns of the academic examination ; hut the cost of any one premium shall not exceed ten dollars ; and the said sum of twenty-five hundred dollars, or such pari thereof as may be needed, shall be paid to the said regents out of the amount referred to in the first section of tliis act, by the treasurer on the warrant of the compti-oller. § 7. The balance of the said one hundred and twenty-five thousand dollars remaining after the apportionments described in the preceding sections of this act shall have been made, shall be distributed as the literature fuiul is now by law directed to be distributed, but no monev ^hall be jxiid to any school under the control of any religious or denominational sect Or society. § 8. The said regents of the university are hereby authorized to make such just and equitable regulations as they may deem necessary for the ]iurposes of this act. § 9. The treasurer shall pay, on the warrant of the comptroller, the several sums to which the said regents may certifv any institution to be entitled under the provisions of this act. § 10. Every academy shall make up its annual report for its academic year, and shall transmit the same to the regents on or before the first day of September in each year. § 11. This act shall take eftect immediately. Statutes, p. 997. Summary of Institutions and Leading Subjects. The names of academies, etc., and the leading subjects contained in this paper, have been inserted generally in the chronological order of the first statutes relating to them respectively, an alphabetical list of which is now annexed : • Page. Academy of Dutchess County 237 Albany Female Academy 214 Albany Female Seminary 21-t Alfred Academy 227 Almond Academy 329 Annual Reports of Academics, etc 334 Antwerp Liberal Literary Institute 238 Appropriations, direct, to Academies, etc., 206, 207, 211, 213, 316, 217, 319, 330, 336, 337, 338, 330 Arcade Academy 889 Auburn Acaden'iy 311) Aurora Academy 339 Bedford Academy 214 Bridgewater Academy 214 Brooklyn Collegiate Institute for Young Ladies 215 Buffalo High School Association 214 Cambridge Washington Academy 237 Canajoharie Academy 814, 839 Canton Academy 231 Cary Collegiate Seminary 280 Annals of Public Education. 235 Paqb Catskill Female Seminary 214 Cayuga Academy 30? Central N. Y. Conference Seminary 314 Christian Brothers' Academy, Albany 230 Clinton Grammar School 21? Columbia College 205, 206 Common School Fund, origin of 208 increase of 217, 224 loans from, to Academies, 211, 315, 220, 223, 227, 228, 231 Common School Teachers, education of 223, 235, 236 Cooperstown Female Academy 214 Cortland Academy 209, 231 Delaware Academy 217, 227 Erasmus Hall Academy 210 Farmers' Hall Academy 318 Ferries, leases of, to Academies 320, 221 Flushing Institute 214 Franklin Academy, Malone 223, 228 Franklin Academy, Prattsburgh 220 Fredonia Academy 219 Free Instruction 233 Friendship Academy 230 Gaines Academy 214 Geneseo Academy 214, 228 Geneva College 224 Gospel, School, and Literature Lots 205 Gouverneur Wesleyan Seminary 228 Griffith Institute 314 Hamilton College 234 Hudson Academy 226 Ithaca Academy 214, 219 JeflFerson Academy •. 314 Johnstown Academy 306 Kinderhook Academy 314 Le Koy Academic Institute 229 Lewiston Academy 320 Literature, etc., Lots 205,207,309,211, 219 Literature Lotteries, etc 308 Literature Fund, origin of 309 increase of 317, 224, 282 distribution of 322, 233 Loans to Academies 328 Livingston County High School 314 Lowville Academy 315 Mexico Academy 314, 220 Middlebury Academy 319 91 ft Montgomery Academy '*^" Mount Pleasant Academy 314, 219 New Paltz Academy 338 Newtown Female Academy 314 286 University Convocation. Paob. New York Institution for the Deaf ami Dumb 213 Ogdensburcih Academy 221 Okan Academy 229 Oneida Conference Seminary 214 Onondaga Academy '. 210, 228 Ontario Female Seminary 214 Ontario High School 215 Oswego High School 315 Ovid Academy 214, 228 Oxford Academy 207 Oyster Bay Academy 218 Palmyrn High School 215 Pompey Academy 209 Premiums, provision for 233 Redhook Academy 214, 219 Rensselaer (Polytechnic) Institute 228 Rensselaer Oswego Academy 214, 220 Revised Statutes 215 Rochester Institute of General Education 214 Rochester Free Academy 230 RogersviUe Union Seminary 228 St. Lawrence Academy 210, 227 Sandy Hill Academy 224 School, etc. , Lots 205 Seminary of the Genesee Conference 214 Special legislation 206 Springville Academy 214 Statutes incorporating academies 212 declared to be public acts 213, 214 Susquehanna Seminary 228 Ta.x, State, for benefit of Academies, etc 232 Taxes, local, for Academies, etc 208, 212, 216, 221, 224, 229, 230 Trust funds, provisions relative to 226 Unadilla Academy 230 Union College 209 United States Deposit Fund 223, 224, 225, 227, 233 University of the citj' of New York 224 Utica Academy 229 Washington Academy 216 Waterford Female Academy 213, 214 White Plains Academy 215 Woodludl Academv 230 H. 346 85 •^^ ^'^ *y 4f %.^" ^PC.*^' O^ * o « - OJ '^ ^^ 6 o " " .^'% .-^^^ « 9 ^Xi^ *'' O H O V" *i^ o_ -. 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