4. Modern Languages and Literature, including the English, French and German lan. guages, History and English Composition. 5. Natural History, including Botany, Geology, Mineralogy, Zoology, Entomology. 6. Comparative Anatomy and Animal Physiology, including Veterinary Medicine and Surgery. 7. Mathematics and Military Science. 8. Physics, Mechanics, Surveying, Architecture and Drawing. VII. Lectures to be provided for during the Winter term on Law of Contracts and Rural Affairs, and on Practical Farming, working of Mines and Technology. VIII. The course of study to be four years. Provision for special courses to be made by trustees. years of age, and to pass such an examination IX. For admission, students to be in reading, writing, arithmetic, English grammar, and such other studies as the trustees may prescribe X. Military drill each day. XI. Manual labor of students may be required in such manner as shall be arranged by the Faculty. XII. Students to wear, while on parade or military drill, a dark-blue frock coat, dark pantaloons and vest, with bright buttons, and a blue military cap. XIII. Tuition, until it can be given gratuitously, to be fixed by the trustees, with such free scholarships as may be established by public and private bounty. This report, after discussion, was substantially adopted, leaving it open to such amendments as might render it more perfect, and such as it might be found desirable to receive. In the effort to obtain subscriptions, no labor has been spared, and while liberal subscriptions have been made in such places as might be supposed to have some chance of securing the location of the College in their vicinity, it was found that all, or nearly all, were coupled with the condition that the college should be so located. There will be some subscriptions without limitations of this character, but the amount is comparatively small. The amount raised, or which could reasonably be counted upon, for any specified locality, has in no case exceeded twenty-five thousand dollars-a sum quite inadequate to the wants of an institution like the one contemplated, even with the fund derived from the donation of lands by Congress, and equally inadequate to the success and tuture independence of any college. Having failed to obtain by subscription the amount required, the board deemed it their duty to present the subject to the existing colleges, to ascertain whether we might not through them, in some manner, secure the success of the undertaking. To such inquiry the trustees of Norwich University responded adversely, and at their annual meeting resolved to have no connection with this institution. This resolution, however, has been recently reconsidered. But the University, being without fuuds, and with very limited property, the contributions which the citizens of Norwich have been understood to be in readiness to tender, would have been far below the amount required by the act of our in corporation, and wholly insufficient to establish the Vermont Agricultural College on a sure and proper basis-leaving a deficiency, only to be supplied by the Legislature, through a considerable appropriation, the making of which we have not felt authorized to anticipate. Our information from the trustees of Middlebury College showed that there was not any reasonable hope of any union with us, or any change as to the character of their own institution, whose condition it is gratifying to believe is at the present time prosperous and satisfactory, which could be construed into a compliance with the terms of the act of Congress, or those of our charter. The University of Vermont responded in such manner as led to further conference, and a mutual arrangement resulted, by which the joint funds of both institutions are to be devoted to carrying out a plan of instruction, which shall conform to the provisions of our charter. To perfect this arrangement, and to secure its successful operation, the action of the Legislature is necessary. We have, therefore, prepared a bill which meets the approval and will secure the acceptance of both corporations, which is herewith submitted, and to which we invite your attention, with the request that you will communicate the same to the Legislature for its consideration. To show that this arrangement is a substantial compliance with the conditions of our charter, we submit a statement of the property of the University, as represented by its treasurer, and by others whose judgment may be relied upon, as follows: Lands permanently leased, Lands not leased, Land in Burlington, College buildings, including Medical, $67,000 3,000 15,000 30,000 Library, 20,000 Appartus and Natural History collection, 5,000 Scholarship fund, 2,500 Recent subscriptions to endow the salary of the President, in case this union should be adopted, 25,000 167,500 Deduct for indebtedness, 16,183 $151,317 About $13,000 of the above property is held in trust for the purposes of specific instruction, which trusts would be complied with by the plan of instruction which the bill contemplates. We have, also, the assurance, which we rely upon, of additional large and liberal contri butions from the citizens of Burlington, for the procurement of the requisite quantity of land and the erection of more adequate buildings. The general features of the bill referred to, are as follows: In order to secure to the new institution all the funds of both corporations, and to enable each board of trustees to maintain its good faith in respect to the trusts committed to them, the bill provides that the two institutions shall be united, with joint corporate powers, and the trustees of each shall act jointly as one entire board in the ma nagement of the property and income of both institutions, and that each corporation shall have a permanent co-equal representation in the new board of control, and that the system of study and course of instruction shall be such as to make it conform to the objects of both institutions. To secure the success of the arrangement, and to ensure in all time the faithful execution of these important trusts, it is provided that the Supreme Court may, if the public good requires, annul this act and restore to each institution its original rights. This provision, while it affords ample protection to the interests of this corporation and to the public, likewise affords security for all those public and private trusts which are now protected under the permanent charter of the University. In regard to the character of instruction and course of study, it is proper to say, that it did not seem practical or expedient to specify any precise plan or curriculum of study, as that might need to be raised with the increasing means or varying circumstances of the institution. It was therefore, left subject to the general requirement that, "in addition to the instruction "usually taught in other colleges. it should include such enlarged facilities and extended scope "and variety in the study of those branches which relate to military tactics, agriculture, and "the mechanic arts, as will render the whole instruction in conformity with the act of Con66 gress as well as with the respective charters of the two institutions." It was the understanding of the trustees of both institutions, that the act of Congress by its general scope and tenor contemplates the establishment of an institution which should so provide as to include that instruction generally taught in other colleges, and also furnish more ample facilities in the study of those branches which coustitute its distinguishing character, and that to furnish these facilities in greater abundance than is provided in other colleges, where classical studies appear to enjoy a monopoly of time and attention, should be its "leading object." That such was the opinion of our own board may be inferred from the plan of study reported, and favorably considered by us anterior to any negotiation with the trustees of the University, and it may be said, without intending to commit or foreclose the future action of the board, that it is not easy to see why the main features of our plan of study should not be adopted by the united institution, with, perhaps, a special course or courses for those whose want of time or means should require it. In regard to a union with us of the other colleges, the object seemed so worthy that, notwithstanding the expression of dissent by their boards of trustees, it was deemed expedient, not to forever close the door against, but to provide for a voluntary union hereafter, should ●vents render it desirable, and a section is inserted in the bill for that purpose. In respect to the general provisions of the bill it is proper to say, that the intention has been that all the interests involved should be properly protected. Both institutions have, in a measure, the same general objects, viz: to promote the general interests of the community by the advancement of education, and the trustees of either could have no other motive than a desire, by means of combined effort and a combined fund, to secure the largest measure of usefulness to the public. While they have aimed to secure for each these distinctive objects, they have endeavored to make such union conducive alike to the interests of all. In submitting it to your consideration we desire to make some further suggestions to explain, and, as we hope, to justify the course we have adopted. 1st. By this arrangement we consider that we obtained a substantial compliance with the conditions necessary to the continued existence of our charter, and that it was the only mode of securing the success of the important enterprise committed to our charge. 2d. By it we shall reduce the number of rival institutions in our State, and convert one of them, at least, with its friends and patrons, to our support in carrying out this new and important experiment. 3d. By means of our common organization we can appropriate to our common use the same lands, buildings, library, cabinet and apparatus, the same corps of teachers and lecturers, the same financial management and discipline, and thereby economize and greatly augment the strength and usefulness of both. 4th. It will require all the means of both institutions combined to carry out, to any useful result, the objects contemplated in our charter, or to meet the plan of instruction which our own board of trustees, in view of its requirements, proposed to prescribe. 5th. In regard to the views we entertain of the intention of the act of Congress, it will be observed that our neighboring States have adopted the same liberal construction. It is understood that Rhode Island has connected her fund with those of the University. New Hamshire it is now supposed will do likewise. Connecticut, with a fund nearly twice as large as our own, has connected it with Yale College. Massachusetts, with a fund still larger, and increased by large subscriptions, has established an independent institution, and wisely located it in immediate proximity to Amherst College, with a view, doubtless, to present mutual aid, and, possibly, an ultimate union, and the plan of study does not essentially differ from that we propose; while New York, with the largest fund of all the States, bestowed the whole upon the People's College, already chartered, and endowed by private munificence, with the condition, in substance, that it should give that course of instruction and do all other things necessary to a strict compliance with the act of Congress. If we would ensure the success of this important enterprise, and provide for such instruction within our own State as shall keep pace with the advance of civilization and social improvement; if we would aid and stimulate intelligent effort in all the departments of life, by the development of thought, and the application of science to labor; if we would instruct our young men at home, and retain them here as citizens of our State, to forward the advancement of its social and material interests, we must, to a reasonable extent provide the facilities for pursuing the same wide range of study which they may obtain abroad, and which hitherto our own institutions have failed to supply. Much time has already elapsed, and, of the five years allowed, but little more than one year remains in which to provide for such an institu tion as is required by the terms of the act of Congress under which the donation has been received. Earnest endeavors have been made by successive Legislatures, to make a wise and prudent disposition of the funds-none of which have been entirely successful. The arrangement, now proposed for the action and assent of the Legislature, we trust may meet with their approval, as we believe it will receive the cordial support of a large majority of the industrial classes of the State, as well as that of the friends of education generally, and, without further delay, certainly go at once into practical operation. In conclusion, we regard the course we have herein recommended as the only practical course to be adopted under the circumstances, unless the Legislature shall provide the further amount required, by taxation, or shall deem it expedient to surrender the fund. JUSTIN S. MORRILL, MONTPELIER, October 19, 1865. TRENOR W. PARK, AN ACT TO INCORPORATE THE UNIVERSITY OF VERMONT AND STATE AGRICULTURAL COLLEGE. It is hereby enacted by the General Assembly of the State of Vermont, as follows: SEc. 1. The University of Vermont and the Vermont Agricultural College, with such other corporations as may hereafter become united there with, are hereby united and constituted a body corporate by the name of the "University of Vermont and State Agricultural College," for the purpose of carrying out the objects contemplated in their respective charters, and as such shall be and remain a body corporate forever, and as such may hold and convey real and personal estate, have a common seal, and have all the rights and powers incident to corporations. SEC. 2. Each of the two institutions hereby united shall, on or before the fifteenth day of November next, elect by ballot, nine of their number, who, with their successors, shall thereafter constitute its board of trustees, and likewise constitute a part of the board of trustees of the corporation hereby created, and shall have the power, and it shall be their duty, by ballot among their own number, to elect successors to fill any vacancies among their number; and all the trustees so elected, and their successors, shall, together with the President, who shall be, ex-officio, a member, constitute an entire board of trustees of the corporation hereby created, who shall have the entire management and control of its property and affairs, and in all things relating thereto, except in the elections to fill vacancies, as aforesaid, shall act together jointly as one entire board of trustees: provided, that all future elections or appointments to said board of trustees shall be made with special reference to preventing any religious denominational preponderance in said board. SEC. 3. Said board of trustees, a majority of whom may constitute a quorum for the transaction of business, may confer such honors and degrees as are usually given in colleges and universities, and any other appropriate degrees, and may, from time to time, as occasion may require, elect a President, also a Secretary, Treasurer, Librarian, Professors, Instructors, and any other necessary officers, and prescribe their duties, salaries and term of office, and may make all necessary by-laws and regulations for the government of themselves and others connected with the institution, not inconsistent with the provisions of this act, and therein prescribe the terms of admission, rates of tuition, modes of study and course of instruction, including any proper regulations for uniform, discipline, and military drill, as well as for experimental and practical instruction in the different branches of agricultural labor. SEC. 4. Said board of trustees shall have the right to use, control, sell, or dispose of all the real estate and personal property now belonging to the University of Vermont, and belonging to any other institution at the time of its union, if such union shall be made with this corporation agreeably to this act, subject however, to the payment of any debts of such institutions existing at the time of such union, and subject to any trusts, duties and obligations connected therewith, and shall be entitled to receive and use, for the purposes aforesaid, the rents and uses of any of the aforesaid lands, including the rents and uses of all such lands as have been heretofore reserved in any charter of land in this State for the use and benefit of any college, and may have the same rights in respect to said lands and to any leases of the same, and to any rents arising therefrom, that said institutions respectively now have, and may maintain suits in their own name, or in the name of such new corporation, to recover the same: provided, that the rights of all parties shall remain, and the same defenses shall be had to such suits as if the same were brought in the name and as between the said original parties; and the corporation hereby created shall at all times assume, discharge and perform all the debts, duties, trusts and obligations which said several institutions were subject to at the time they became united in said new corporation, by virtue of this act. SEC. 5. There shall at all times be maintained, in the institution hereby created, such'instruction in the various branches of learning as is contemplated in the several charters of each of the institutions hereby united-and more particularly including a four years' course of studies, similar to such as are generally taught in other colleges, and not inferior to that recently taught in said University of Vermont, and in addition to that which is usually taught in other colleges, the instruction in this institutition shall include such enlarged facilities and extended scope and variety in the study of those branches which relate to military tactics, agriculture, and the mechanic arts, as shall render the whole instruction in conformity with said act of Congress, as well as with the several charters aforesaid. SEc. 6. Said trustees may, in their discretion, obtain by gift, grant or othewise, a tract of land which, together with the land now owned by the University of Vermont, shall amount to at least one hundred acres, to be used as an experimental farm, whereon they may make any desirable experiments in the breeding of stock, field culture, the analysis and adaptation of soils, and horticultural and botanical gardening, or either of them, as they may deem proper, and also for the purpose of military encampment, target-firing, drill and review; and said trustees may use, lease or dispose of the same as they may think proper, so as best to promote the objects of the institution. And in case said land shall be procured, as aforesaid, one-tenth of the money which has been received by the State Treasurer for the sale of land scrip, in pursuance of the act of Congress authorizing the same, shall be paid to said board of trustees for the purposes aforesaid: provided, that no agricultural labor shall be required of students except by their voluntary agreement or consent. SEC. 7. Whenever this corporation shall have been duly organized, there shall be appropriated and paid to its treasurer annually, for the purpose herein mentioned, on the warrant of the Governor, the interest or the income which may be received from the fund created under and by virtue of the act of Congress. Sac. 8. The corporation hereby created shall make annual reports to the Legislature of this State, of their condition, financially and otherwise, and make and distribute the reports required by the act of Congress herein referred to, and the Legislature may annually appoint a board of visitors, who may annually examine the affairs of said corporation. SEC. 9. The permanent location of the institution hereby created, shall be in Burlington, in said State of Vermont, and the first meeting of the board of trustees shall be there held on the 15th day of November next, at 7 o'clock P. M. Sac. 10. The President and Fellows of Middlebury College and the Norwich University, or either of them, may hereafter, with the assent and concurrence by vote of a majority of each of the nine trustees elected, as aforesaid, and their successors, become incorporated and united with the corporation hereby created, by vote of their said corporations, at any meeting legally warned and holden, and by leaving for record in the office of the Secretary of State a true and attested copy of such vote or votes, and of all the proceedings of the meeting or meetings at which the votes aforesaid were passed, and causing the same to be recorded in said office. SEC. 11. If at any time the corporation hereby created shall fail substantially to carry out the provisions and requirements of this act, the Supreme Court of this State may in their discretion, at any stated session thereof, having first given due notice to said corporation, if they shall consider that the public good requires it, annul and vacate this charter, and in such sage, or in case said corporation shall otherwise be dissolved, said Supreme Court may, on application, order and decree that the income thereafter to be derived from the proceeds of the sale of said land scrip in the hands of the State Treasurer as aforesaid, together with such amount as may have been paid over by said Treasurer for the perpose of an experimental farm, shall revert to said Vermont Agricultural College, and all the other property and effects which, at the time of said union belonged to said other institution, shall revert to and be the property of the other institution or institutions which shall have been united and incorporated by, or in pursuance of this act, and in case more than one such other institution shall have been thus united, such other property shall revert to them separately, such specific property to each as said court shall adjudge and decree, having reference in making such decre to what was originally owned or contributed by each: provided, that in respect to any property or funds hereafter acquired by said new corporation by gift, grant, bequest or otheswise, the same shall be awarded and distrbuted to each of the institutions hereby incorporated or hereafter united, in such manner as said Court shall deem just and equitable, having reference to the manner the same was acquired, and to any specific trusts, or expressed intention of any donors, made at the time the same was acquired. And for the purposes aforesaid, as well as for all other purposes, the said several corporations, which shall have been united by virtue of this act, shall be deemed and treated as having continued in life, and the several trustees which shall have been elected by each, at the time they were united, and their successors, shall be deemed and treated to have been, since the time of their election, the trustees of their respective institutions, as well as trustees of the united corparation, and as such trustees may receive the property and effects which may revert to their respective corporations by such decree of court, and the successors whom they may thereafter appoint, may continue and manage the affairs of their respective corporations thereafter, in the same manner as the trustees of each might have done before they were united as aforesaid. SEc. 12. This act shall not take effect, until the two corporations hereby united shall, at a meeting duly warned, vote to accept the same, and to surrender and relinquish to the corpo ration hereby created, all the property belonging to them, whether real or personal, and all the rents, profits and income therefrom arising, including said proceeds from the sale of said land scrip, for the purpose, and subject to all the rights, trusts and conditions as in this act provided, and cause a copy of the record of such votes, duly certified by the secretaries of these respective corporations, to be left for record and duly recorded in the office of Secretary of State, whereupon, by virtue of such votes, such property, rents, profits and income shall become the property of the corporation hereby created, for the purposes, and subject to the rights, trusts and conditions aforesaid, and said property, and the property hereafter acquired by the corporation hereby created, shall be subject to all the conditions, immunities and exemptions now pertaining to the property now held by said University of Vermont. SEC. 13. All of an act entitled "An act to establish the Vermont Agricultural College," approved November 22, 1864, which is inconsistent with the provisions of this act, is hereby repealed. REPORT OF THE TRUSTEES OF THE VERMONT STATE LIBRARY. (Referred to on Page 68 of the Journal.) To the General Assembly of the State of Vermont : The Trustees of the State Library respectfully report that the additions to the State Library, since the last annual report. have been as follows: By exchange with states, individuals and institutions, including pamphlets, By donation, By purchase of Dinsmore & Co., By purchase of D. B Canfield & Co., By purchase of Johnson & Ward, Vols. 293 The Trustees repeat the suggestions contained in their last report, that a catalogue of the Library is called for to make its contents more accessible; and that an additional appropriation seems advisable to complete as far as possible the defective sets of books in the Library, before a new catalogue is made. We have again to call the attention of the General Assembly to the neglect, by State offcers and printers, of the statute of 1863, entitled "An act in relation to the preservation and distribution of State documents." All which is respectfully submitted. PAUL DILLINGHAM, CHARLES REED, Secretary. Montpelier, October 25, 1865. LIST OF BOOKS RECEIVED AT THE VERMONT STATE LIBRARY FOR THE YEAR ENDING OCTOBER, 1865. |