USA > Oregon > Marion County > Salem > Oregon and its institutions; comprising a full history of the Willamette University, the first established on the Pacific Coast > Part 11
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SECTION I.
Be it enacted by the Legislative Assembly of the Territory of Oregon, That there shall be established in the town of Salem, in the county of Marion, a
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university, to be called the Willamette University, and that David Leslie, Win. Roberts, George Aber- nethy, W. II. Wilson, Alanson Beers, Thomas II. Pearne, Francis S. Hoyt, James H. Wilber, Calvin S. Kingsley, John Flinn, E. M. Barnum, L. F. Grover, B. F. Harding, Samuel Burch, Francis Fletcher, Jeremiah Ralston, J. D. Boon, Joseph Holman, James R. Robb, Cyrus Olney, Asahel Bush, and Samuel Parker, and their associates and suc- cessors, are hereby declared to be a body corporate and politie in law, by the name and style of the "Trustees of the Willamette University."
SECTION II.
And be it further enacted, That said corporation shall have perpetual succession, and shall have power to acquire, receive, and possess, by donation, gift, or pur- chase, and to retain and enjoy property, real, personal, and mixed, and the same to sell, grant, convey, rent, or otherwise dispose of at pleasure; Provided, that no part of the resources thereof shall ever be used for any other than educational purposes, as herein contemplated : and provided further, That the year- ly income of which, accruing to said institution, shall not exceed twenty-five thousand dollars. They shall have power to contract and be contracted with, to sue and be sued, to plead and be impleaded in all courts of justice, both at law, and in equity. They shall cause to be made for their use a common seal, impressed with such devices and inscriptions as they shall deem proper, by which said seal all deeds,
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diplomas, and acts of said corporation shall pass and be authenticated, and they shall have power to alter or amend the same at their pleasure. They shall have power to form and adopt a constitution and by- laws for their government, to make and to carry into effect all necessary regulations for the management of their fiscal concerns, to appoint subordinate officers and agents, to make, ordain, and establish such ordi- nances, rules, and regulations as they may deem necessary or expedient for the good government of said institution, its officers, teachers, and pupils ; Provided, that such ordinances, rules, and regula- tions shall in no manner contravene the constitution and laws of the United States nor the laws of this Territory.
SECTION III.
And be it further enacted, That said trustees shall meet at least once every year, and shall manage the concerns of said institution as they shall judge most advantageous to the cause of education; that seven of their number shall form a quorum, at any regular meeting, for the transaction of business. The said trustees shall elect one of their number to be presi- dent of their Board; and when it may be deemed advisable to add to the number of said trustees, or become necessary to fill vacancies, which may occur by death, resignation, or otherwise, the Annual Con- ference of the Methodist Episcopal Church in Oregon, within whose bounds said institution is located, shall elect such additional trustees, and fill such occurring
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vacancies. The first meeting of said Board of Trus- tees after the passage of this act, shall be called by David Leslie, and held at the Oregon Institute. They shall divide themselves into three classes; the term of office of the first class shall expire in one year, the second in two years, and the third in three years ; and thereafter, each class shall hold its term of office for three years.
SECTION IV.
And be it further enacted, That all deeds and other instruments of conveyance shall be made by the order of the Board of Trustees, sealed with the seal of the corporation, signed by the president, and by him acknowledged in his official capacity, in order to insure their validity.
SECTION V.
And be it further enacted, That the Annual Con- ferences of the Methodist Episcopal Church in Ore- gon may appoint seven visitors, to visit and examine into the affairs of said institution, and each year to meet and confer with the Board of Trustees at some convenient time during its annual meeting; and the governor of this territory, judges of the Supreme Court, and president of the Council, and speaker of the House of Representatives of the Legislative Assembly, next preceding each annual meeting of said Board, shall be ex-officio visitors, having equal rights and privileges with the herein beforementioned visitors.
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SECTION VI.
And be it further enacted, That, in order to con- titute the university, established by this act, a gen- eral and efficient seminary of learning, there shall be included within it a preparatory department, known by the name of the " Oregon Institute," which shall be open to persons of both sexes, and over which said Board of Trustees shall have entire supervision and control; Provided, that they shall respect all contracts heretofore made and now existing in re- gard to said Institute; And provided further, that said Board of Trustees shall have power to add such other departments in the arts and sciences, law, and medicine, and theology, as in their judgment may be suitable to the wants and condition of the country.
SECTION VII.
And be it further enacted, That the principal or president, and professors of said institution, shall be styled the "Faculty of Willamette University," who shall have power, with the advice of and in accordance with the rule adopted by the Board of Trustees and Visitors, to grant and confer degrees in the liberal arts and sciences to such pupils of the institution and others as by their proficiency in learning, or by other meritorious consideration, shall have entitled themselves to academic honors ; and the said faculty and board shall have and exercise generally all such powers and privileges of conferring honorary degrees, and other marks of literary and
12
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scientific distinction, as are exercised by other similar institutions in the United States.
SECTION VIII.
The president of the Board of Trustees shall annu- ally, in the month of December, make a report to the secretary of the Territory of the names and officers of the faculty, the names of the teachers, and the branches taught by them, the number of pupils taught in the university during the year, the num- ber in the several classes respectively, and the names and degree of the graduates. And it shall be the duty of the secretary to place and keep on file in his office such report, which shall at all times be open for the inspection of any person or persons wishing to examine the same.
SECTION IX.
And be it further enacted, That the legislature shall have power at any subsequent session, when the necessities of the institution or considerations of public good require it, to alter or amend this act at pleasure.
SECTION X.
This act to take effect and be in force from and after its passage.
Passed by the House of Representatives, January 11, 1853. Passed by the Council, January 12, 1853. P. F. HARDING, Speaker of the House of Represent- atives ; M. P. DEADY, President of the Council.
By this act of incorporation the Oregon Institute is absorbed in the Willamette University. True, the
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name is retained in connection with the academical department ; but the distinguishing designation of the institution by this act, which originated with the Board of Trustees, became the Willamette University, endowed with all the rights and privileges belonging to universities of the first grade in the United States. But eleven years had passed since the idea of such an institution originated in the minds of a few voluntary exiles in a then heathen land, and found expression in measures taken with great diffidence and trembling as to their ultimate success ; but now the institution had become a chartered university, according to the original design of its founders, and was evidently marching on to the accomplishment of a high and noble destiny.
To adapt the action of the Board to the new order of things, a meeting of that body was called by David Leslie, according to the provisions of the charter, in the chapel of the Institute, March 16, 1853.
At this meeting, as the third section of the act of incorporation required a division of the Board into three classes, the Board proceeded to make such classification.
First class, to continue one year : B. F. Harding, A. F. Waller, Cyrus Olney, J. Holman, F. S. Hoyt, John Flinn, S. Burch, Asahel Bush, W. Haux- hurst.
Second class, two years : L. F. Grover, J. Corson, J. Ralston, William Roberts, George Abernethy, W. II. Wilson, C. S. Kingsley, D. Leslie.
Third class, three years : E. M. Barnum, J. R.
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Robb, Samuel Parker, A. Beers, J. Stewart, F. Fletcher, J. D. Boon, T. H. Pearne, J. H. Wilber.
As a new name and university powers had been conferred upon the institution, it was found, as a matter of course, that the old constitution and by- laws under which the school had been conducted would no longer answer the purpose ; consequently, at this first meeting of the Board under the charter a committee was appointed, consisting of A. F. Waller, W. H. Wilber, T. H. Pearne, C. S. Kingsley, and F. S. Hoyt, to draft a constitution and code of by-laws.
The Board also by a resolution requested Bishop Ames, who was then in attendance, to appoint at the coming session of the Oregon Annual Conference a member of said conference to the presidency of the Oregon Institute, the old name being still used in the action of the Board, doubtless more by habit than otherwise. The design of this request was carried out at the ensuing Annual Conference by the appoint- ment of Rev. Francis S. Hoyt as president of the Willamette University.
The first officers of the Board under the charter were elected March 19, 1853 : David Leslie, Pres- ident, T. H. Pearne, Secretary, and J. L. Parrish, Treasurer. T. H. Pearne resigned, and E. M. Bar- num was elected in his place.
The committee that was appointed to draft a con- stitution and by-laws made their report at a subse- quent meeting, but the constitution reported seemed to require further investigation, and was deferred
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until some future time; but the by-laws which were presented were thoroughly discussed, and adopted as follows :
BY-LAWS OF WILLAMETTE UNIVERSITY.
1. The University shall consist of two departments, namely, a Collegiate Department, and a Preparatory or Academic Department
COLLEGIATE DEPARTMENT.
2. Until the wants of the institution require further provision for a board of instruction, the fol- lowing shall be the faculty of the Collegiate Depart- ment :
(1.) A president, whose title shall be the president of the Willamette University, who shall act as pro- fessor of Mental and Moral Philosophy.
(2.) A professor of Ancient and Modern Lan- guages.
(3.) A professor of Natural and Exact Sciences.
3. The president shall, in addition to his duties as a professor, have the entire supervision and direction of the disciplinary conduct of the Collegiate Department, subject at all times to the counsel of the faculty and to the ordinances of the trustees, and he shall receive for his services the annual salary of one thousand dollars, ($1,000.)
4. The professor of Ancient and Modern Languages, and the professor of Natural and Exact Sciences, shall give diligent instruction in their proper departments,
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shall have the entire disciplinary control of students while under their immediate instruction, shall coun- sel the president in relation to the government of the institution, and shall severally receive as compensa- tion for their services the annual salary of nine hun- dred dollars, ($900.)
PRELIMINARY, OR ACADEMICAL DEPARTMENT.
5. The president of the University shall act as principal of the Academical Department, and shall have the same supervisory control of it as of the Col- legiate Department, and until further provision be made, he shall give such instruction, not inconsistent with his duties as a professor in the Collegiate De- partment, as the wants of the institution require.
6. The Preliminary, or Academic Department, shall be divided into two divisions : first, the male ; second, the female.
7. The male division, except in the care and in- struction of boys under the age of ten years, shall be under the tuition of a preceptor.
8. The female division, except in case of advanced scholars desirous of pursuing collegiate or ornamental branches, which may be by the regulation of the in- stitution be taught by a preceptor, shall be under the ' tuition of a preceptress, whose salary shall not be more than seven hundred and fifty dollars, ($750.)
A rule was also passed requiring each teacher to keep a faithful record of the daily attendance, recita- tions, and conduct of each pupil, grading them so
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that their standing should range from one hundred to five hundred, according to their propriety of con- duct, or merit of recitations. Other rules were also adopted in relation to giving marks of demerit for absence and other canses, and to regulate the conduct of students in their rooms, and in relation to the price of tuition, and public examinations and exhibitions.
The school was conducted the first year of its history under the charter with some good degree of success, though every thing pertaining to it was in a crude and imperfect state, or rather in a state of formation.
There were no other means for the support of the school than was furnished by the tuition paid by the pupils, and the receipts from this quarter were so limited that it was necessary to place the salaries of the teachers at a very low figure. But improvement marked the progress of the institution, and a better day seemed to be dawning.
The first annual meeting of the trustees of the Willamette University under the charter was held in the chapel of the Oregon Institute March 1, 1850. Up to this period no special efforts had been made to raise an endowment fund aside from endeavoring to secure the interests involved in the land claim, already described. This, if it could have been se- cured according to the original purpose of the trust- ces, would have made a splendid endowment, at least for some years; but as the amount arising from the land which could be made available as an endowment
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fund from the loss of more than one half of the claim was necessarily small, amounting to but a few thou- sand dollars, it became absolutely necessary to enter with energy into other measures to accomplish the same object. Accordingly at this first annual meet- ing under the charter, as the duty of developing the Willamette University as an institution of learning was devolved upon the trustees of the same, and as, in the judgment of the Board, the time had come when the wants of the community and the interests of the institution demanded an immediate effort to provide an endowment thereof, it was therefore re- solved to raise a fund as soon as practicable, addi- tional to the interest arising from the land, to consist of two parts.
1. A fund for the support of the Board of Instruc- tion of said university, which shall be irreducible, and the income of which shall amount to at least five thousand dollars, ($5,000.)
2. A building fund, which shall amount in total to twenty-five thousand dollars, ($25,000,) and which shall be at the direct disposal of the trustees, to be devoted to the purpose of erecting suitable buildings for the convenience of the university.
These funds were to be raised by the sale of schol- arships, entitling the holders thereof to the privilege of sending a pupil to be instructed free of tuition in the institution for the term of time mentioned in the certificate of each of such scholarships, and to the department mentioned in the same. Three orders of scholarships were to be sold, as follows: The first
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should entitle the holder thereof to the tuition of one pupil in the Preparatory Department for the period of ten years, and should be sold for one hundred and fifty dollars, ($150 ;) the second should entitle the holder to the privilege of sending one pupil, free of tuition, to either the Preparatory or Collegiate Department, or both of them, for ten years, and should be sold for two hundred dollars, ($200,) provided always that no such holder should be entitled to the tuition of more than one pupil at a time in said institution on ac- count of said scholarship, and provided that such scholarship shall not entitle any person to instruction in the ornamental branches.
The third order was that of perpetual scholarships, entitling the holders to tuition of pupils in any of the departments of said institution during the exist- ence thereof, should be sold for five hundred dollars, ($500,) and subject to the same restrictions as the former. These scholarships were made assignable, and when assigned entitled the assignee to the same privileges and interests in said institution as were vested in the original or in any subsequent holder thereof at the time of the assignment.
The energy with which the Board entered into this endowment enterprise may be further seen in the fact that the bishop presiding at the next annual con- ference was to be requested to appoint the presiding elders of this conference agents to procure funds for the institution. It was further arranged by the Board that the funds accruing to the institution from the sale of scholarships should be divided, so that one
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third should be appropriated to the building fund until the same should amount to twenty-five thousand dollars, ($25,000,) after which all moneys accruing from the sale of scholarships shall accrue to the irre- ducible fund, and the other two thirds of all moneys accruing as before stated should continue to accrue to the said irreducible fund for the support of the Board of Instruction.
The agent of the university was instructed and authorized to secure lands, or any other gifts to the institution, either by donation, or as security for the payment for the same, under the direction of the executive committee. Another act of importance by the Board at this time was the passage of a resolution requesting the bishop at the next session of the con- ference to appoint F. S. Hoyt president of the Willa- mette University.
With the experience of the past, the Board found it necessary to improve upon the police of the school, and consequently under the same date the following rules to regulate the general conduct of the students as far as possible were enacted :
Drinking wine or intoxicating liquors, smoking, card-playing, swearing, immorality of any kind, quarreling, rude and unkind treatment of fellow- pupils, the throwing of stones, disobedience, indo- lence, and any other acts or behavior calculated to injure the reputation and peace of the university, or the moral habits of the students, were entirely prohib- ited. The disciplinary arrangements of the institu- tion further provided that in cases of the violation of
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the rules, after due admonition, the president shall, where circumstances permit, notify the parents of such pupils, after which, if the faculty judge it neces- sary, said pupil may be suspended from the privileges of the institution for any period of time not exceed- ing fourteen days, within which time the executive committee shall be called together and decide upon the relation of such pupil to the institution, provided that in extreme cases of violation of rule, or of im- proper behavior, the president, by and with the con- sent of the faculty, shall have the power summarily to expel.
The institution had possessed a twofold character, being partly a boarding-school and partly not, some of the young men occupying rooms in the third story of the institute building, and boarding themselves, and some young men and young ladies boarding in private families, and some of the pupils boarding with their parents or guardians at home, and it was difficult to adapt any given set of rules to such a variety of circumstances; but to meet some of the exigences of the case, and to produce uniformity as far as possible, it was ordained that study hours both for the evening and the day should be announced by the president at the beginning of each quarter, and during such hours students were required to attend closely to their studies. And those who studied in their rooms were required to maintain the same quiet- ness and diligence as though under the eye of the teacher. And all business, work, paying or receiv- ing visits, were prohibited during study hours. And
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no visiting about town, or at stores, shops, or hotels, were to be allowed during the evening. And to ren- der this arrangement effective, parents and guardians of pupils residing in the vicinity were requested to have their children and wards who attended school conform to this rule as far as possible, both for their own improvement and for good example.
Up to this period the school had been of a mixed character, the different departments not having been well defined, the smaller pupils being connected with the larger in the same rooms; but now a primary division was established, including boys and girls under and about ten years of age, which were to be under the tuition of a male or female teacher, as might be judged proper by the executive committee.
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CHAPTER VIII.
SCHOLARSHIPS AND INTERNAL HISTORY.
ON the 31st of May, 1854, pursuant to a call of the president, the Board of Trustees met at the chapel of the institute for the purpose of perfecting, if possible, the scholarship system, already to some extent de- scribed, and of introducing some other arrangements which might serve as a basis of action in our efforts to advance the financial interests of the university. As the scholarship system which has been introduced into the financial plans of the Willamette Univer- sity constitutes one of the main pillars of its support, it would not be proper in this history to omit a par- ticular description of this policy. The general prin- ciples have been referred to on a previous page, and to provide for the application of these principles was the object of the present action of the Board. It had been resolved to issue three kinds or degrees of schol- arships, one of one hundred and fifty dollars, ($150,) one of two hundred dollars, ($200,) and one of five hundred dollars, ($500,) the first two ten years' scholar- ships, and the last perpetual. It was necessary to execute a form of certificate adapted to each one of these grades, according to the design of the scholar- ship. This was done by the Board, and the follow- ing are the forms adopted for the three kinds :
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FIRST FORM FOR A TEN YEARS' SCHOLARSHIP.
Having paid to the undersigned, an authorized agent of the Willamette University, the sum of one hundred and fifty dollars, - has entitled himself or his order, upon the presentation of this certificate, to one scholarship, for the term of ten years from the date hereof, in the Preparatory Department of said university.
SECOND FORM FOR A TEN YEARS' SCHOLARSHIP.
Having paid to the undersigned, an authorized agent of the Willamette University, the sum of two hundred dollars, - has entitled himself or his order, upon presentation of this certificate, to one scholarship, for the term of ten years from the date hereof, in the Preparatory or Collegiate Department of said university, or in both.
THIRD FORM-PERPETUAL SCHOLARSHIP.
Having paid the undersigned, agent of the Willa- mette University, the sum of five hundred dollars, - has entitled himself or his order, upon the pre-
sentation of this certificate, to one perpetual scholar- ship in the Preparatory or Collegiate Department of said university, or in both.
To carry out these and other financial arrange- ments contemplated, the Board appointed, perhaps, the most formidable phalanx of agents that ever was employed by any single university at the same time. It consisted of Rev. A. F. Waller, Rev. T. H.
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Pearne, Rev. James H. Wilber, Rev. William Roberts, and the Hon. George H. Williams. These were all regularly appointed agents of the university, and authorized to receive donations of money or property for said university, to sell scholarships and receive pay or security therefor pursuant to the resolutions of the Board instructing them relative thereto, and to execute all necessary receipts, certifi- cates, and instruments of writing for the transaction of such business. As it was contemplated to receive lands as well as money in payment for seholar- ships, it was necessary to have a form of deed or bond suited to the case; accordingly Judge Wil- liams, being a legal gentleman, was requested by the Board to draft a form suited to the circumstances. The following is the form adopted by the Board :
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