St. Clair County, Illinois - Chapter 9 (1 of 2 so headed), 1928

Chapter 9

IN THE EARLY history of the state the legislature was very suspicious of all corporations. For a long time it seemed very doubtful whether any college would be granted a charter. But President Akers, as well as the presidents of other schools then in operation, was active in presenting to the legislative body the claims for recognition of higher institutions of learning. Finally in the session of 183,5 the assembled wisdom of the state, in a fit of literary and religious toleration, passed an omnibus bill, providing in one act charters for four colleges. One for the Methodists at Lebanon, one for the Presbyterians at Jacksonville, one for the Baptists at Alton, and another at Jonesboro, which however did not develop into a college as the others did, if indeed it was ever in active operation at all. This legislation was passed at Vandalia where the capital was then located, in the building which was then a pretentious state capitol, and now serves as the court house of Fayette County. The original bill very neatly engrossed, may now be seen in the archives of the present state house at Springfield. It is of interest in educational circles because it was the first college charter granted by the great state of Illinois which now has more than a score of colleges and three great universities. We therefore give the complete text of this bill for the benefit of those who may be interested in reading it. The committee to which the bill was referred, in considering the matter, proposed three questions concerning it as follows:

First Charter

Section I . Beit enacted by the people of the state of Illinois, represented in the General Assembly: That Hubbell Loomis, Benjamin F. Edwards, Stephen Griggs, George Smith, Enoch Long, Cyrus Edwards, and William Manning, and their successors, be, and they are hereby created a body politic and corporate, to be styled and known by the name of "The trustees of the Alton College of Illinois," and by that style and name to remain and have perpetual succession. The said college shall remain at or near Upper Alton in the county of Madison. The number of trustees shall not exceed fifteen, exclusive of the president, principal, or presiding officer of the college, who shall, ex-officio, be a member of the board of trustees ; no other instructor shall be a member of the board of trustees. For the present, the above named individuals shall constitute the board of trustees, who shall fill the remaining vacancies at their discretion.

Section 2. That Samuel D. Lockwood, WiUiam C. Posey, John P. Wilkinson, Theron Baldwin, John F. Brooks, Elisha Jenny, William Kirby, Asa Turner, John G. Bergen, John Tillson, Jr., and Gideon Blackburn and their successors, be, and they are hereby created a body corporate and politic, by the name of "The trustees of Illinois College," and by that style and name to remain permanently located in Morgan County; the number of trustees shall not exceed fifteen, exclusive of the president, principal, or presiding officer of the college, who shall ex-officio be a member of the board ot trustees; no other instructor shall be a member of the board of trustees. For the present, the aforesaid individuals shall constitute the board of trustees, who shall fill the remaining vacancies at their discretion.

Section 3. That John Dew, Samuel H. Thompson, James Riggin, Nicholas Horner, George Lowe, Robert Moore, Theophilus M. Nichols, Joshua Barnes, Samuel Stites, David L. West, Nathan Horner, Joseph Foulke, Thornton Peeples. John S. Barger, Nathaniel M. McCurdy, Anthony W. Casad, and Benjamin Hypes, and their successors, be, and they are hereby created a body politic and corporate, to be styled and known by the name of "The trustees of the McKendrean College," and by that style and name to remain and have perpetual succession; the said college shall remain located at or near Lebanon in the county of St. Clair; the number of trustees shall not exceed eighteen, exclusive of the president, principal, or presiding officer of the college, who shall, exofficio, be a member of the board of trustees; no other instructor shall be a member of the board of trustees. For the present the aforesaid individuals shall constitute the board of trustees, who shall fill the remaining vacancies at their discretion.

Baltzell, William C. Whitlock, and Isaac Bizzle, and their successors, be, and they are hereby created a body poHtic and corporate, to be styled and known by the name of "The trustees of the Jonesborough College," and by that style and name to remain and have perpetual succession; the said college shall remain located at or near Jonesborough, in the county of Union. The number of trustees shall not exceed fifteen, exclusive of the president, principal, or presiding oifi' cer of the college, who shall, ex-officio be a member of the board of trustees. For the present, the aforesaid individuals shall constitute the board of trustees, who shall fill the remaining vacancies at their discretion.

Article i. The object of said corporation shall be the promotion of the general interests of education, and to qualify young men to engage in the several employments and professions of society, and to discharge honorably and usefully the various duties of lite.

Article 6. The corporate powers hereby bestowed shall be such only as are essential or useful in the attainment of said object, and such as are usually conferred on similar bodies corporate, namely; to have perpetual succession, to make contracts, to sue and be sued, implead and be impleaded, to grant and receive by its corporate name, and to do all other acts as natural persons may, to accept, acquire, purchase or sell property, real, personal and mixed, in all lawful ways; to use, employ, manage, and dispose of all such property, and all money belonging to said corporation, in such manner as shall seem to the trustees best adapted to promote the objects aforementioned; to have a common seal and to alter or change the same; to make such by-laws for its regulation as are not inconsistent with the Constitution and laws of the United States or of this state, and to confer on such persons as may be considered worthy, such academical or honorary degrees as are usually conferred by similar institutions.

Section 7. The trustees of the respective corporations shall have authority, from time to time, to prescribe and regulate the course of studies to be pursued in said colleges, and in the preparatory departments attached thereto; to fix the rate of tuition, room rent and other college expenses, to appoint instructors and such other officers and agents as may be needed in managing the concerns of the institution, to define their powers, duties and employments, to fix their compensation, to displace and remove either of the instructors, officers, or agents, as said trustees shall deem the interests of the said colleges shall require, to fill all vacancies among said instructors, officers and agents, to erect necessary buildings, to purchase books and chemical and philosophical apparatus, and other suitable me.ms of instruction, to put in operation a system of manual labor, for the purpose of lessening the expense of education and promoting the health of the students; to make rules for the general management of the affairs of the college, and for the regulation of the conduct of the students, and to add, as the ability of the said organization shall increase, and the interest of the community shall require, additional departments for the study of any or all of the liberal professions: Provided, however, that nothing herein contained shall authorize the establishment of a theological department in either of said colleges.

Section 8. If any trustee shall be chosen president of the college, his former place as trustee shall be considered vacant, and his place filled by the remaining trustees. The trustees, for the time being, shall have power to remove any trustee for any dishonorable or criminal conduct : Provided, however, that no such removal shall take place without giving to such trustee, notices of the charges exhibited against him, and an opportunity to defend himself before the board, nor unless that two-thirds of the whole number of trustees, for the time being, shall concur in such removal. The trustees for the time being, in order to have perpetual succession, shall have power, as often as a trustee shall be removed from office, die, resign, or remove out of the State, to appoint a resident of the state to fill the vacancy in the board of trustees occasioned by such removal from office, death, resignation, or removal from the State. A majority of the trustees, for the time being shall be a quorum to do business.

Section 9. The trustees shall faithfully apply all funds by them collected, according to their best judgment, in erecting suitable buildings, in supporting the necessary instructors, officers, and agents, in procuring books, maps, charts, globes, philosophical, chemical, and other apparatus, necessary to aid in the promotion of sound learning in their respective institutions: Provided, that in case any donation, devise or bequest shall be made for particular purposes, accordant with the object of the institution, and the trustees shall accept the same, every such donation, devise, or bequest shall he applied in conformity with the express condition of the donor or devisor: Provided, also, that lands donated or devised as aforesaid, shall be sold or disposed of as required by the twelfth section of this act.

Section 10. The treasurers of said colleges always, and all other agents when required by the trustees, before entering upon the duties of their appointments, shall give bond for the security of the corporation, in such penal sum and with such securities as the bo;ird of trustees shall approve; and all process against the said corporation shall be by summons, and the serving ot the same shall be by leaving .m attested copy with the treasurer of the college, at least thirty days before the return day thereof.

Section II. The said colleges and their preparatory departments shall be open to all denominations of Christians, and the profession of any particular religious faith shall not be required of those who become students; all persons, however, may be suspended or expelled from said institutions, whose habits are idle or vicious, or whose moral character is bad.

Section 12. The lands, tenements, and hereditaments, to be held in perpetuity, in virtue of this act, by either of said corporations, shall not exceed six hundred and forty acres: Provided, however, that if donations, grants, or devises in land shall, from time to time, be made to either of said corporations, over and above six hundred and forty acres, which may be held in perpetuity as aforesaid, the same may be received and held by such corporation for the period of three years from the date of every such donation, grant or devise; at the end of which time, if the said lands over and above the said six hundred and forty acres shall not have been sold by the said corporation, then, and in that case, the said lands so donated, granted, or devised, shall revert to the donor, grantor, or the heirs of the devisor of the same.

Revised Charter

When Rev. John W. Merrill came to the presidency m January, 183,8, he surveyed the field and the prospects and possibilities of the college and decided that it ought to have a new charter granting larger privileges and providing for the establishment of schools of theology, law, and medicine, if at any time such enlargement seemed expedient. He had just completed his course in Andover School of Theology, and probably dreamed of a new Harvard being developed here in the Mississippi Valley. On New Year's day, 1839, a meeting of the board was held at the home of John C. Gore, at which a committee of three was appointed "to attend the State Legislature and secure, if possible, the passage of an act providing such amendment as it is desirable should be made to the college charter." The committee consisted of Professor William Brown of the McKendree Faculty, Rev. Benjamin T. Kavanaugh, the college agent, and Rev. Samuel H. Thompson, one of the trustees. The committee went at once to Springfield, where the Legislature was then in session. This was the first session of the Legislature held at Springfield. The final adjournment at Vandalia occurred July 22, 1837, and the business of state was formally transferred to Springfield, the new capital. Bv permission of that body, Professor Brown delivered two lectures in the H ill of Representatives which seem to have been well received as they were ordered printed and five thousand copies distributed to the public at the expense of the state. The second of these was a direct argument for granting a new charter to McKendree. He set forth at length the present prosperous condition of the college and its promise of much greater usefulness in the future, provided it receive a more liberal charter. The bill framed for this purpose was passed without delay and with very slight opposition and was approved January 26, 1839. REVISED CHARTER

Section I. Be It enacted by the people of the State of Illinois, represented in the General Assembly: That William Wilson, Samuel H. Thompson, Thornton Peeples, John S. Barger, Benjamin Hypes, Hiram K. Ashley, Joshua Barnes, James Riggin, Nathan Horner, Benjamin T. Kavanaugh, Theophilus Nichols, Crispin Cunningham, John Hogan, Jesse Renfro, Benjamin M. Bond, and Alexander N. Jenkins, and their successors in office, be, and they are hereby created a body politic and corporate, under the name and style of the "McKendree College" and henceforth shall be styled and known by that name, and by that style and name have perpetual succession. The number of trustees shall not exceed eighteen, exclusive of the president, principal, or presiding officer of the college, who shall ex-officio be a member of the board of trustees. No other instructor shall be a member of said board: Provided, however, that the board of trustees by a majority of two- thirds, at their annual meeting may increase the number of said trustees to any number not exceeding thirty-six. For the present, the aforesaid individuals shall constitute the board of trustees, who shall at their discretion fill the remaining vacancies, and such as may hereafter be created should the number be increased.

Section 2. The object of said corporation shall be the promotion of the general interest of education, and to qualify young men to engage in the several employments and professions of society, and to discharge honorably and usefully the various duties of life.

Section 3. The corporate powers hereby bestowed shall be such only as are essential and useful in the attainment of said object, and such as are usually conferred on similar corporate bodies, namely: to have perpetual succession, to make contracts, to sue and be sued, implead and be impleaded, to grant and receive by its corporate name, and to do all other acts as natural persons may; to accept, acquire, purchase or sell property, real, personal, and mixed, in all lawful ways; to use, employ, manage, and dispose of all such property and all money belonging to said corporation, in such manner as shall seem to the trustees best adapted to promote the object aforementioned; to have a common seal, and to alter and change the same; to make such bylaws for the regulation of the corporation as are not inconsistent with the laws and constitution of the United States, or of this state, and to confer on such persons as may be considered worthy, such academical or honorary degrees as are usually conferred by similar institutions.

Section 4. The trustees shall have authority from time to time to prescribe and regulate the course of study to be perused in said college, and the preparatory department attached thereto; to fix the rate of tuition, room rent, and other college expenses; to appoint the president of the institution and other members of the faculty, and such other instructors, officers, and agents, as may be needed in managing the concerns of the institution; to define their powers, duties and employments; to fix their compensations; to displace and remove the presidents, and any member of the faculty, either of the instructors, officers, or agents; to erect necessary buildings, and purchase books and chemical, philosophical and other apparatus, and other suitable means of instruction; to put in operation if the trustees shall deem it expedient, a system of manual labor for the purpose of promoting the health of the students and lessening the expense of education; to make rules for the general management of the affairs of the college and for the regulation of the conduct of the students; and to add as the ability of said corpora tion shall increase, and the interest of the community shall require, additional departments for the study of any or all of the liberal profession.

Section 5. The trustees shall faithfully apply the funds by them collected, according to their best judgment, in erecting suitable buildings; in purchasing books, maps, charts, globes, philosophical, chemical and other apparatus necessary to aid in the promotion of sound learning in said institution.

Section 6. Any donation, devise or bequest, made for the special purpose, accordant with the objects of the institution, if the trustees shall accept the same, shall be faithfully and truly applied in conformity with the express conditions of the donor or devisee. The lands, tenements and hereditaments to be held in perpetuity in virtue of this act shall not exceed three thousand acres : Provided, however, that grants, donations or devises in lands which shall be made from time to time to said corporation, may be held for the term of ten years from date of such grant, donation or devise ; at the end of which time the said lands over and above the before named three thousand acres, shall be sold by the corporation; and in the case of neglect to sell, said lands so donated shall revert to the original donor or devisor, or to the lawful heirs of the same.

Section 7. The treasurer and other officers of the institution, when required by the trustees, shall give bond for the security of the corporation, in such penalty and with such security as the board shall approve; and all processes against said corporation shall be by summons and service of the same by leaving an attested copy with the treasurer at least thirty days before the return thereof.

Section 8. The trustees shall have power to establish departments for the study of any of the liberal professions, particularly law and medicine, and to institute and grant diplomas in the same; to constitute and confer the degrees of doctor in the learned arts and sciences and belles lettres, and to confer such other academic degrees as are usually conferred by the most learned universities.

Section 9. Said trustees shall have power to institute a board of competent persons, always including the faculty, who shall examine such persons as may apply; and if said applicants are found to possess such knowledge, pursued in said college as, in the judgment of said examiners renders them worthy, they may be considered graduates in course, and shall be entitled to a diploma accordingly, on paying such fee as the trustees shall affix; which fee however shall in no case exceed the tuition bills of the full college course. Said examining board may not exceed the number of ten, three of whom may transact business provided one be of the faculty.

Section 10. In its different departments the college shall be open to all denominations of Christians, and the profession of any religious faith shall not be required in order for admission; but those students who are idle or vicious, or whose characters are immoral, may be suspended or expelled.

Section 11. Said college shall remain located at or near Lebanon, in the county of St. Clair, State of Illinois. The trustees shall hold at least one meeting in each year for business, and may appoint other stated meetings of the board; (special meetings may at any time be held by order of the president of the board), ten of whom shall constitute a quorum to do business; and it shall be lawful for the Illinois annual conference of the Methodist Episcopal Church to appoint annually a board of visitors consisting of nine persons, who shall have power to sit with the board of trustees at

Section 12. Hereafter the filling of vacancies in the hoard of trustees and the appointment of the president of the college, professors, and tutors, shall be made only at the annual meetings as provided in the eleventh section of this act: Provided, that the trustees may fill vacancies in the professorships, or employ additional professors or tutors, when necessary, until the succeeding annual meeting.

Section 13. In cases of the division of the Illinois Annual Conference into two or more conferences of the Methodist Episcopal Church, or if any other annual conference of the said Methodist Episcopal Church, shall unite with the said Illinois Annual Conference in the patronage and support of the said college, each annual conference thus patronizing said college shall have the same powers and privileges granted in this act to the said Illinois Annual Conference: Provided, that said visitors shall at no time exceed the number of trustees; and should it so occur by the increase of patronage that the number of visitors herein provided for shall exceed m number that of the trustees, the ratio of visitors shall be by the trustees so fixed as to limit the whole number of visitors to that of the number of trustees of said college.

Section 14. The alteration of the name of the institution shall not affect the title to any property acquired by the institution heretofore but the title to such estate shall be vahd to the institution under the name set forth in this act, whether made to the same, or under the name and style of "The trustees of the McKendrean College," or "The trustees of McKendree College," that all contracts made with said corporation, whether made under the name of "The trustees of the McKendrean College or "The trustees of McKendree College" shall enure as well for as against said corporation under the name and style of "The McKendree College."

Section 15. If any trustee shall be chosen president of the college, his former place as trustee shall be vacated and his place filled by the remaining trustees and visiting committee as hereinbefore provided. The trustees for the time being shall have power to remove any trustee tor any dishonorable or criminal conduct: Provided, that no such removal shall take place without giving to such trustee notice of charges against him, and an opportunity to defend himself before the board, nor unless that two-thirds of the whole number of trustees for the time being shall concur in said removal

Section i6. This act shall be in force from and after the time at which the trustees of the McKendrean College shall accept the same, and the evidence of said acceptance shall be a copy of the order of the board ordering this act to be spread upon their journals, certified by the president and secretary of the board.

Section 17. Should the corporation at any time act con' trary to the provisions of this charter, or fail to comply with the same, upon complaint made to the Circuit Court of St. Clair County, a scire facias shall issue and the Circuit Court of St. Clair County shall prosecute in behalf of the people of this state for a forfeiture of this charter. This act shall be a public act and shall be construed liberally in all courts for the purposes hereinbefore expressed, and so far as this institution is concerned, all acts, as far as they may be contradictory to this act, are hereby repealed.

Under this charter the college has worked for nearly ninety years and it still seems sufficient for our needs. It conferred no degrees under the first charter. The Illinois Conference is mentioned frequently, but according to the provisions in the charter itself the Southern Illinois Conference has all the rights and privileges originally granted to the conference which held the territory at that time.