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An act to establish a University in the State of Indiana
[Approved Feb. 15th 1838]


Sec. 1st Be it enacted by the General Assembly of the State of Indiana That there shall be, and hereby is created and established a University adjacent to the town of Bloomington, in the County of Monroe, for the education of youth in the American, learned and foreign Languages, the useful arts, sciences (including law and medicine) and Literature, to be known by the name and style of “Indiana University,” and to be governed and regulated, as herein after directed.


Sec. 2nd Then shall be a Board of Trustees appointed, consisting of twenty one persons, residents of this State, who shall be hereby an constituted a body corporate and politic, by the name of “the Trustees of Indiana University,” and in their corporate name and capacity, may sue and be sued, plead and be impleaded in any court of record, and by that name shall have perpetual succession.


Sec. 3rd The said Trustees shall fill all vacancies which may occur in their own body, elect a President of the Board, Secretary, Treasurer, and such other offices, as may be necessary, for the good order and government of said corporation, and shall be competent in Law & in Equity, to take to themselves and their successors, in their said corporate name, any estate real, personal or mixed, by the gift, grant, bargain, sale, conveyance, will, devise, or bequest of any person or persons whomsoever, and the same estate, whether real, personal or mixed, to grant, bargain, sell, convey, demise, or let place out in interest, or otherwise dispose of, for the use of said University, in such manner as to them may seem most beneficial to the institution, and to receive the rents, issues, profits, income and interest thereon, and to apply the same to the proper use and support of the said University and generally in their said corporate name shall have full power to do and transact all and every the business touching or concerning the premises, or which shall be incidentally necessary thereto, as fully and effectually as any natural person, body politic or corporate, may or can do, in the management of their own concerns, and to hold, enjoy, exercise and use the rights, powers & privileges incident to bodies politic or corporate, in Law & Equity.


Sec 4th The said Trustees shall cause to be made for their use, one common seal, with such devices, and inscriptions thereon, as they shall think proper, under and by which all deeds, diplomas and certificates and acts of the said corporation shall pass and be authenticated.


Sec 5th The said Trustees or any ten of them shall meet at Bloomington, in the County of Monroe, on the last Monday of September next in the year (1838), and after having severally taking an oath of affirmation, faithfully and impartially to discharge the duties by this Act enjoined, shall proceed to organize a board by electing one of their members as president, and the Board when so formed shall appoint a Secretary and Treasurer, who shall severally, before entering upon the duties of their respective offices, take an oath or affirmation, faithfully and impartially to perform the duties appertaining to their respective offices, and the Treasurer shall give bond with three or more securities to be approved of by said Trustees, in the sum of twenty thousand dollars, payable to the state of Indiana, and conditioned for the faithful discharge of the duties of his office of treasurer, to the said corporation, and which bond executed and approved of as aforesaid, shall be deposited in the office of the Treasurer of State.


Sec 6th The said Board of Trustees when organized in manner aforesaid, shall forever, thereafter determine the terms of their future meetings the manner of notifying the same, and act on their own adjournments as to them, shall sum most expedient, and shall from time to time as occasion may require, make and ordain reasonable rules, ordinances and Bye Laws, with reasonable penalties, for the good government of the University and the regulation of their own body, not repugnant to the laws and constitution of this state.


Sec 7 The said Board of Trustees shall from time to time as the interests of the institution may require, elect a President of said University and such Professors, Tutors, Instructors and other officers of the same, as they may judge necessary for the interest thereof, and shall determine the duties, salaries, emoluments, responsibilities and tenures of their several offices & designate the course of instruction in said university.


Sec 8th The Said Board shall have full power to remove any one of their own body for misconduct, breach of the Bye-Laws or gross immorality, and may at any time they deem it necessary for the good of the institution, remove any of the officers of said University or corporation, and appoint others in their stead.


Sec. 9 The President, Professors, and Tutors shall be styled the Faculty of said University; which Faculty shall have the power of enforcing the rules and regulations adopted by the said Trustees, for the government of the students, by rewarding or censuring them, and finally by suspending such as after necessary admonition, shall continue refractory, until a determination of a quorum of the trustees can be had thereon, and of granting and conferring, by and with this approbation and consent of the Board of Trustees, such degrees in the liberal arts and sciences, including those of Law and Medicine as are usually granted and conferred in other Universities in America, to the students of the University, or to others who by their proficiencies in learning, or by other meritorious distinction, may be entitled to the same, and to grant unto such graduates, diplomas or certificates, under their common seal; and signed by the faculty to authenticate and perpetuate the memory of such graduation.


Sec 10 No President, Professor or other officer of the University shall while acting in that capacity, be a trustee, nor shall any president, professor, or other officer of the University, ever be required by the Trustees to profess any particular religious opinions, and no student, shall be denied admission, or refused any of the privileges, honors or degrees of the university, on account of the religious opinions he many entertain; nor shall any Sectarian tents or principles be taught, instructed or inculcated at said University, by any president, professor, tutor or instructor thereof. Provided, however, That if at any meeting of the Board of Trustees of the University, there should be one wanting to make a quorum, then and in that case, the president of the Faculty of said University, shall for the time being be considered a member of said Board, and have power to act as such, but so soon as a quorum of said board shall be present, then the president shall no longer sit as a member of said Board.


Sec 11 His excellency David Wallace, Governor of the State of Indiana (who shall be ex officio, vice president of the Board and his successor in office forever) William Hendricks of the County of Jefferson, Seth M. Leavenworth of the County of Crawford, David G. Mitchell of the county of Harrison, James M. Farrington of the County of Vigo, John Law of the County of Knox, Rev. Allen Wiley of the County of Montgomery, Nathaniel West and Isaac Blackford of the County of Marion, Jesse L. Homan of the County of Dearborn, Johnathan Nichols, Paris C. Dunning, James Blair, Chester D. Ballard, Joshua O. Howe, Leroy Mayfield and Wm Turner from the County of Monroe, Robt. Dale Own from the County of Posey, Richard W. Thompson of the County Lawrence, Samuel K. Hoshour of the county of Wayne, Geo. W. Ewing of the county of Cass and Hiram A. Hunter of the county of Gibson, shall be and hereby are appointed Trustees of said University, agreeable, to the provisions of this Act and shall hold, their first meeting as herein before directed, and should any ten of them, (who shall at all times be necessary to constitute a quorum for the transaction of business, provided however that deficiency of one, may be supplied in the manner heretofore prescribed in the tenth section of this act,) fail to meet on the said last Monday of September next, the Governor of this state is hereby authorized and required to appoint some subsequent day, for the meeting of said Trustees, giving to each of them twenty days notice thereof in writing, and said trustees or a quorum of them, when convened in pursuance of such notice, shall proceed to organize the Board, in manner herein before directed; and the president of the University, shall be empowered to call occasional meetings of the Trustees, in such manner as the Board of trustees, may by their Bye Laws direct.


Sec 12 That all monies which have heretofore, or may hereafter arise, from sales of Seminary townships of lands, in the Counties of Monroe and Gibson, shall be, and forever remain a permanent fund, for the support of said University and the interests arising from the amount of said sales together with the amount arising from the sales of the three reserved section in the seminary township, situated in the county of Monroe, the residue of the unsold sections aforesaid, and all the Buildings which have been erected adjacent to the town of Bloomington, in the said county of Monroe, and which are now used by and belong to the Indiana College, together with all the estate either real, personal, or of any description whatever, belonging to or in any wise connected with the Indiana College, as the property of the state, & all gifts, grants, and donations, which have been, or many hereafter be made, previous to the taking effect of this act, for the support of the Indiana College, shall be and hereby are forever rested in the aforesaid trustees and their successors, [be] controlled, regulated and appropriated by them in such manner as they shall deem most [conducive] to the best interest and prosperity of the Institution, Provided however That the said Trustees shall conform to the will of any donor or donors in the application of any estate which may be given, devised or bequeathed, for any particular object connected with the institution, and that the real estate hereby vested in the said Trustees, and their successors, shall be by them held for ever for the use of said University, and shall not be sold or converted by them to any other use whatsoever.


Sec 13 That it shall be the duty of the Secretary of [Sd] corporation, to keep a true and faithful record of all the proceedings of said Board of Trustees, in a suitable book to [be] procured by them for that purpose, and make such copies and transcripts of the orders and proceedings of the said Board of Trustees as may from time, be required and the same duly certify, under the seal of the corporation, and for his services, he shall receive, such compensation as said trustees, may from time allow to be paid out of any funds in the Treasury of said corporation, not otherwise appropriated.


Sec 14 That it shall be the duty of the Treasurer of said corporation to keep a full, true and faithful account of all monies by him received by virtue of his said office, in suitable books, to be for that purpose provided, and pay such monies out from time to time as may be required by & upon the order of said Board of Trustees, duly certified by the Secretary and keep a similar account of all such disbursements, and furnish said board of Trustees, whenever they may require the same, a full true and complete statement of such receipts and disbursements, and exhibit to them for this inspection his original books of entry, and also submit his books to the inspection and examination of the Board of visitors of said University, which may at any time hereafter be appointed by the General Assembly of this state, and shall moreover annually transmit to the Governor of this state, to be by him laid before the General Assembly thereof, a true and complete statement of the Annual Receipts and Expenditures of said corporation, and should said corporation ever be dissolved by legislative enactment or otherwise, it shall in such case be the duty of said treasurer, to pay over and deliver to the Treasurer of State, for the use of this state, all monies and funds in his hands derived from the State belonging to said corporation, at the time of such dissolution; and should any treasurer of said corporation, at any time be guilty of any defalcation, in the discharge of the duties of his said office the Trustees shall have the right of an action therefor, against sd Treasurer and his sureties or his official bond, in the name of the State of Indiana, for the use of said trustees and of prosecuting the same to final judgement and recovery, or in case of dissolution of said corporation, such action shall be sustained, for the use of the state.


Sec 15 That the power and authority of the present Trustees of the Indiana College, over and concerning the said institution, the funds, estate, property, rights and demands thereof, shall forever cease and determine, from and after the organization of the board of trustees of [the] Indiana University named in this act: and all the funds, estate, property, rights, demands, privileges and immunities, of what kind or nature soever, belonging or in anywise appertaining to said Indiana College, the same shall be and the same are hereby invested in the Trustees of the Indiana University appointed by this act and their successors in office, shall have, hold possess and exercise all the power and authority over the said institution, and the estate and concerns thereof in the manner before prescribed.


Sec 16 That the constitution of said University herein and hereafter established and declared, shall be subject to be changed, altered or amended by the Legislature of this state.


All laws or parts of laws coming within the purview of this act are hereby repealed.

This act to take effect & be in force from and after its passage.


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