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the act of incorporation that a duty of one penny per gallon on all spirituous liquors imported into the river Neuse be paid for the term of seven years next following the enactment, toward the education of ten poor children of the school, the same to be applied toward the salary of the master (twenty pounds per annum).

From this time on, private, incorporated, and denominational schools were established in great number. The aid given by the government was very slight, being limited to the privilege of holding lotteries, with perhaps rare exceptions, as in the case of the grant by the Legislature of the old Episcopal Church to Science Hall at Hillsborough in 1784.

THE ORIGIN OF THE UNIVERSITY OF NORTH CAROLINA.

The foregoing sketch of early education prepares us for the presentation of the State legislation in favor of higher education, which must necessarily begin with the University of North Carolina. This institution has been called the "child of the Constitution," but it must have been prompted by earlier sentiments arising from the refusal of the King to charter Queen's College, which "was twice chartered by the Legislature and twice repealed by royal proclamation. Revolting from

this restraint, the people declared their independence by voting for that clause in the Constitution which made the university possible, viz: "That a school or schools shall be established by the Legislature, for the convenient instruction of youth, with such salaries to the masters, paid by the public, as may enable them to instruct at low prices; and all useful learning shall be duly encouraged and promoted in one or more universities."

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Thirteen years later this was followed by the Legislature with “ an act to establish a university in this State," which made full and complete provisions for the organization of the university. The preamble to this act is quite remarkable, as it alludes expressly to the "social duties" of the rising generation, without mention of the specific duties of citizens or the service of the State. It states that, "Whereas, In all regulated governments it is the indispensable duty of every Legislature to consult the happiness of the rising generation and endeavor to fit them for an honorable discharge of their social duties of life by paying the strictest attention to their education, and whereas, an university supported by permanent funds and well endowed, would have the most direct tendency to answer the above purpose; Be it therefore enacted, etc."

The act of incorporation then proceeded to place the sole power of establishing and controlling the university in the hands of forty

1 Smith, 33.

2 Constitution of 1776, sec. 41.

3 Revised Laws of North Carolina (1821), Chap. 305, p. 606.
4 Revised Statutes, p. 606, chap. 305.

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trustees1 selected from different parts of the State The said trustees were to have perpetual succession and power to do anything "such as may be necessary for the promotion of learning and virtue." They were further authorized to purchase a site and erect a building as soon as sufficient funds could be collected, and hold all subscriptions to the university as a permanent fund for the use and support of the said university forever."

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APPROPRIATIONS FOR THE SUPPORT OF THE UNIVERSITY.

The act of incorporation passed in 1789, referred to above, was followed the same year by an act for the support of the institution. The Legislature did not accomplish much, but perhaps it did all that it was warranted in doing at this time, considering the poverty of the country and the hard strain of war. In order to raise a fund for the erection of buildings, all moneys due and owing the public of North Carolina, either for arrearages under the former or present government, up to the first day of January, 1783 (four years from date), were donated to the university. It was further enacted that "all property that has heretofore or shall hereafter escheat to the State shall be and hereby is vested in the said trustees for the use and benefit of the said university," and that all "lands and other property belonging to the university shall be exempt from taxation." To assist in the erection of buildings, the State, in 1791, loaned the university ten thousand dollars, which loan was afterwards converted into a gift.5

The university received other assistance in its founding. The trus tees had selected a site on Chapel Hill, and proceeded to lay out a town at that place. The citizens of the neighborhood conveyed to the institution 1,180 acres of land, and a subscription of sixteen hundred dollars in money.

The building was constructed, but the trustees were in want of funds to open the university. Realizing the situation, the Legislature enacted in 1794 that "Whereas, The trustees of the university of North Carolina have with laudable zeal for the promotion of literature erected a building for the use of the institution entrusted to them, and, are at the same time prepared to commence the exercises of the university, the remnant of confiscated property remaining unsold is

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1It was enacted in 1804 that the trustees should be elected by the Legislature, and should not constitute more than eight from each superior court district. In the following year the Governor of the State was made ex-officio president of the board of trustees. Subsequently a law was passed, in 1821, consolidating all previous acts, and making the board to consist of sixty-five trustees, elected by a joint ballot of the two houses. Seven trustees were to constitute a quorum, and each meeting must be called by the president. It seems to be a large membership with a small quorum. 2 Revised Statutes, chap. 505, sec. 5.

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vested in the trustees,"1 to be held in trust for a term of ten years, when the principal was to revert to the State. This grant of escheats was withdrawn in 1800, and all escheated and confiscated property reverted to the State. Again, in 1805, the last act mentioned was repealed as far as it related to escheated property. It is plain that the law of 1794 was suspended from 1800 to 1805, and that part relating to confiscated property finally repealed in 1800.

In 1801 the university was authorized to raise not over two thousand pounds a year by lotteries.3 Two years later, $5,080 profits were realized from lotteries. Again, in 1809, the Legislature came to the relief of the university. It resolved that "in the present embarrassed state of the institution it is the bounden duty of the Legislature to afford it such assistance as the nature of the public finances will justify."5 It was then enacted that the trustees of the university should hold and use all sums of money or other estate which should remain in the hands of administrators and executors seven years after their qualification, without recovery by creditors, legatees, or heirs. After the university had held the property for ten years without any just claimant thereto, it became the possession of the university. It was further enacted that all debts due the State on or before December 31, 1799, should be given to the university.

While this small legislation was taking place, the gifts of private benefactions, together with the tuition fees of the students, were sup porting the institution. It is next to an impossibility to determine at this day the actual assistance rendered by the grants of the Legislature. Excepting the ten thousand dollar loan, which afterward became a gift, the returns from others were small, and the trouble which they caused the university authorities probably by far overbalanced their useful

ness.

The very able report of the committee appointed by the Legislature in 1817, of which Hon. A. D. Murphy was chairman, throws some light upon university affairs. It says: "This institution has been in operation for twenty years, and has been eminently useful to the State. It has contributed perhaps more than any other cause to diffuse a taste for reading among the people and excite a spirit of liberal improvement. It has contributed to change our manners and elevate our character; it has given to society many useful members, not only in the liberal professions, but in the walks of private life, and the number of its pupils who are honored with seats in this Legislature is a proof of the estimation in which they are held by their fellow-citizens. When this institution was founded it was fondly hoped that it would be cherished

1 Revised Statutes, 1821, chap. 405, p. 738.

2Haywood's Manual of the Laws of North Carolina, II, 259.
3 Revised Statutes, chap. 573, p. 938.

* Smith, 59.

'Revised Statutes, chap. 763, p. 1152. Haywood, II, 206.

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with pride by the Legislature. But unfortunately the nature of the funds with which it was endowed in a short time rendered it odious to some and cooled the ardor of others. The torrent of prejudice could not be stemmed, the fostering protection of the Legislature was withheld, and the institution left dependent upon private munificence. Individuals contributed not only to relieve its necessities, but to rear up its edifices and establish a permanent fund for its support. With the aid thus derived from individuals, together with occasional funds derived from escheats, the institution has been maintained thus far. The Legislature, after exhausting its patience in endeavoring to collect arrearages of debts due to the State, transferred to the trustees of the University those arrearages, with the hope that they would be able to enforce payment. But no better fortune has attended their efforts than those of the State, and this transfer has proved of no avail to the institution. The surplus remaining in the hands of administrators where the next of kin have made no claim within seven years have also been transferred to the trustees, but this has as yet yielded a very small sum, and probably never will yield much.1

The General Assembly made no further provision for the support of the State University until 1859. The Bank of North Carolina was then chartered, with a view to promote the interests of the University. The trustees were allowed to subscribe to an amount of stock not to exceed two hundred thousand dollars. The trustees subscribed, and lost through repudiation of the War debt by the convention of 1865, the State having previously secured the control of all bank property.2

The amount of the funds of the University over and above liabilities was $148,520.26, which was entirely lost.

In 1866 the General Assembly granted the sum of seven thousand dollars for the relief of the institution, which, together with the sum granted in 1790, makes a total of seventeen thousand dollars, the entire amount appropriated for the support of the University from the public treasury prior to the date of 1867, during a period of eighty-eight years from the date of the charter.

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A modification of one of the old laws was made in 1868-69 by an act which declares that property, money, or real estate of whatsoever kind, remaining in the hands of the executors for a term of five years unrecovered and unclaimed, shall revert to the University. Another provision is found in the revised statutes enacted for the purpose of assisting the University, which declares that the proceeds of all unclaimed freight, if not returned to the owner within five years, shall revert to the University.*

Apparently, however, the Legislature is learning by degrees that a

1 Report of Superintendent of Public Instruction (Alexander McIver), 1874, 20-21. 2 Memorial by Governor Worth to the General Assembly, 1867.

3 Laws of 1868-69, chap. 113, sec. 76.

Revised Statutes, 1883, sec. 1987.

university can not be supported, nor even materially aided, by such gifts as the above, which are quite different from a constant income of twenty thousand dollars per annum.

THE AGRICULTURAL COLLEGE GRANT.

The State of North Carolina received two hundred and seventy thousand acres of land scrip from the grant of 1862. This scrip was transferred to the University in 1867 upon the condition that the terms of the grant should be fulfilled, and that one student from each county, appointed by the commissioners, should receive tuition and room-rent free at the University. The scrip was sold at fifty cents per acre, yielding the sum of one hundred and thirty-five thousand dollars, ten thousand dollars of which was devoted to building purposes.

In 1868 the trustees invested this fund of one hundred and twentyfive thousand dollars in State securities, part of which were valid, but bearing no interest, and part of which were worthless. In 1874 the Legislature came to the relief of the land-scrip fund, by directing the State treasurer to issue to the trustees of the University a certificate of indebtedness to the amount of one hundred and twenty-five thousand dollars, bearing interest at 6 per cent. per annum from January 1, 1875, the interest payable semi-annually. By an act of the Legislature in 1887 the interest arising from this fund was ordered to be transferred to the account of the Agricultural and Mechanic Arts College as soon as the college should be ready for use.

RECENT APPROPRIATIONS.

The General Assembly in 1881 appropriated the sum of five thousand dollars annually for the support of the University, and in 1885 increased this amount to twenty-thousand dollars. The State has also made appropriations for the Agricultural and Mechanic Arts College to the amount of fifteen thousand five hundred dollars.

RESTRICTIVE LAWS.

Notwithstanding the constant vicissitudes and struggles of this noble institution for existence, its value to North Carolina and to the country at large has been and is very great. Its attitude toward advanced learning is such as to deserve the earnest support of all classes of people throughout the State. History reveals the fact, however, that the zeal of various denominations for the advancement of their several schools has more than once crippled the institution in its best work.

Sometimes it is urged against State institutions that they do not tend to increase morals and religion; but the precautions taken by the 1 Revised Statutes, sec. 2638; Laws of 1881, chap. 141, sec. 1. This law provided for the application of the appropriation for the special instruction of teachers.

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