The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1779-11-30 00:00:00, page 2

An ACT to confirm theeftates and ioterefts of the College,
Academy and Charitable School of the city of Phila
delphia, and to amend and alter the charters thereof,
conformably to the revolution and to the constitution and
government of this Commonwealth, and to ereft the
fameinto an University.
WHEREAS the education of youth, has ever
been found to be of the mod effeutial consequence
as well to the good government of States, and the peace
and welfare of Society, as to the profit and ornament of
individuals, insomuch that from the experience of all a
ges, it appears that Seminaries of learning, when proper
ty conduced, have been public bleffmgs to mankind, and
tnat on the contrary, when in the hands of dangerous and
disaffected men, they nave troubled the peace of Society,
ihaken the government, and often caused tumult, (edition
and bloodshed.
AND WHEREAS the College, Academy an
Charitable School of the city of Philadelphia, were at firft
founded on a plan of free and unlimited catnolicifm, but it
appears that the Truhees thereof, by a vote or bye-law of
tneir Board, bearing date the fourteenth day of June, in
the year of our Lord one thoufmd seven hundred ard sixty
four, have departed from the plan of the original foun
ders, and narrowed the foundation of the said inflituti-
Be it therefore enaded, and; it is hereby ena&ed by the
Representatives of the Freemen of the Commonwealth of
Pennsylvania, in General Assembly met, and by the au
taority of the fame, That the charter of the said seminary
granted by the late Proprietaries of Pennsylvania, bearing
date trie thirtieth day of July, in the year of our Lord
One thousand seven hundred and fifty-three, whereby cer
tain persons were incorporated by the name, flile and title
of the Truflees of the Academy and Charitable School, in the
Province of Pennsylvania, and the additional charter, grant
ed by the fame Proprietaries bearing date on the fourteenth
day of May, in the year of our Lord One thousand seven
hundred and fifty-five, by which the Trustees of the fame
Academy and Charitable School were again incorporated,
by the name, stile and title of theTru fiees of the College, A
eddemy and Charitable School of the city of Philadelphia,
i 1 the Province of Pennsylvania, together with all and
Singular the rights, powers, pr ivileges, emoluments and
advantages, and also all theeftates, claims and demands to
the fame corporation belonging, discharged from the
afore recited vote or bye-law of the said Truflees, con
fining and narrowing the true and original plan of the
said institution, which vote or bye law, and all others,
contrary to the true design and spirit of the said charter,
are hereby declared to be void, be and they are in and by
tiiis Ad ratified and confirmed to, and for the use and be
nefit of the fame seminary for ever ;
And to the end that the Truflees herein after named and
appointed, may be the better enabled to elfi&uate the pi
ous, and praiseworthy designs, of the Founders, Benefac
tors and Contributors of the said College, Academy and
Charitable School of Philadelphia,
Be it further enaded by the authority aforefaid,
That it shall and may be lawful, for the Supreme Execu
tive Council of ti..s State, to reserve fucn and so many of
the confiscated estates, yet unfold and unappropriated, as
to then; hall appear necessary, in order to create a certain
fund, for toe maintenance of the Provost, Vice Provost,
Masters and Assistants, and to upheld and preserve the
Charitabe School of the said University.
Pro /ided always, That the yearly incomeof such elates
so reserved and appropriated to the use of the said Uni
versity, do not exceed the sum of Fifteen hundred pounds,
computing wheat at the rate of Ten Drillings per bufl^l
And Provided also, That such reservation be from
time to time laid before the General Assembly ofthis State
for their approbation and confirmation.
Provided always, and be it enabled by the authority a
fcrefaid, That the ratifying and confirming the said char
ter, or any thing herein contained, Shall not extend or be
confirmed, to extend to the confirming or est bliShmg any
of the laid Truflees, in the said charter named, or deri
ving by any election, or pretended election, or appoint
ment, by, from or under them, or any oi them, nor to
any ProvoSt, Vice-Provost, Profeffor or other Arininer
or Officer of the said seminary, other than such as arc
hereby, or may hereafter be appointed, the said Board
and the Faculty being hereby dinolved and vacated, nor
Unll the fame extend to such parts of the charter, as in
and by this Aft are or may be abrogated, annulled, alter
ed or supplied.
And be it further enabled by the authority aforefaid,
That from and after the palling of this Aft, the fuperin
tendanceand trust, together with all and lingular the pow
ers, authorities and estates, real, personal and mixed,
of the said College, Academy and Charitable School; Shall
pass to, devolve upon, and be vested in the President of the
Supreme Executive Council of this Commonwealth, the
Vice Prefi lent of the fame Council, the Speaker of the
General Assembly, the Chief Judices of die Supreme
Court of Judicature, the Judge of Admiralty and the At
torney General for r e time being, in virtue of their seve
ral offices, and the Senior Minifier in finding of the E
pifcop I Chuchesand Congreg lions, and the Senior Mi
nister in handing of the Prefbyteriau Churches, and the feni
or Minifier in Handing of the Baptist Churches, and the se
nior Minifier in Handing ofthe Lutheran Churches, and the
senior Mhiißer in flanding in the German Calviniff Chur
ches, and the Senior Minifier in handing in the Roman
Churches, whose Churches or Houles of public worship
are, or fhaH be in thechy of Philadelphia, cr within two
miles of the old Court-House in High kreer in the said ci
ty, together with re Honorable Benjamin Franklin, Doc
or of Laws, Minifier Plenipotentiary from the United
States of America, to His Most Christian Majesty, the
Honorable William Shippen, Frederick Muhlenberg and
James Searle, Enquires, Delegates in the Congress of the
said United States for Pennsylvania, the Honorable Willi
am Augustus Atlee, Esquire, and the Honorable John
Evans, Efqu re, Judices of the Supreme Court of Judica
ture, Timothy Matl.ck, Esquire, Secretary of the Su
preme Executive Council of this State, David Rittenho^fe,
Esquire, Treasurer of this State, Jonathan Bayard Smith,
Esquire, Samuel Morris, senior, Esquire, George Bryan,
Esquire, Thomas Bond, DoHor of Ph:fiick, and James
Hutcinfon, Doctor cf P^yfick, which said civil Officers,
Mini Hers or the gospel and others herein mentioned
and appointed, for and during their continuance in the
PHILADELPHIA.
said office and Nations respectively, their abode in
this State, and lawful capacity to aft, and their succes
sors lor ever hereafter, ihall be, remain and continue the
Truflees aiorefaid, by the name, flile and title, cf thw
Trustees of the University of the State of Pennsylvania,
and Shall from henceforth have, hold, use, exercise and en
joy, all the powers, authorities and advantages, of the e
ll?tes, rights, claims and demands ofthe Truflees appoin
ted by or in pursuance of the charters of the said copora
tion, or either of them, instead of the said Truflees, ap
pointed by or deriving under the said charter, or preten
ding so to do, in trust, nevertheless, for the proper use of
the said University lor ever.
Provided always, That if any Truflee of said Univ&rfi
ty (hall take any charge or office under the said Trustees,
other than that of Treasurer, his place fliall thereby
be vacated, and in the case of a Minifier of the gospel,
taking such charge or office, or neglecting to qualify ac
cording to the directions of this A&, within one month
after personal notice given of his coming to such trust, the
next Minifier in seniority of the fame denomination (hall
succeed him, such seniority to be accounted from the time
of settlement of such person, as Minifier of a Congregation
in or near the said city.
Provided also, That in case the choice of a new Truflee,
in the room and head of any of the persons last named,
or their successors, (half be disallowed by the Houfeof As
sembly within fix months, the Trustees (hall be obliged to
make choice of feme other person.
And be it further enacted by the authority aforefaid,
That instead of the oath or affirmation and declaration
which were enjoined and required to be taken and made
by the second or additional charter herein before referred
to, of the said corporation, by the Trustees, Provost,
Vice Provost and Profeffors, of the said College, Acade
my and Charitable School, which oath or affirmation and
declaration, being totally inconfiftant with the indepen
denceand constitution of this Commonwealth are here
by abrogated and repealed, the said Trustees herein be
fore appointed, and their successors, and .the Provost,
Vice Provost and Profeffors and every of them hereafter to
be appointed io such manner and form as herein is directed
and required, before he or they enter upon the duties of
their trust or office, (hall before two Justices of the Peace
of the city of Philadelphia, or of some county of this State,
take and fubferibe the oath or affirmation, proscribed by
the fortieth Section of the Constitution of this Common
wealth, to be taken by the officers of this Stare, and also
the oath or affirmation of allegiance direfled to betaken
by the fame officers, in and by the seventh and eighth Sec
tions of an Aft of Assembly made and passed the fifth
day of December, in the year of our Lord One thousand
seven hundred ane seventy eight, intitled, “ A further
Supplement to the Act intitled, “ An Act for the further
Security cf the government," and Ihali also take an oath
or affirmation for the fatthiul discharge of their trust or of
fice aforefaid.
And be it further enacted by the authority aforefaid,
That all and every the clause and clauses in the said char
ters, wherein and whereby the Trustees of the said Col
lege, Academy andgharitable School, are directed and en
joined to make their rules, ordinances and Statutes,
not repugnant to the laws in force in the Kingdom of
Great Britain, nor to the laws in force in the Pro
vince of Pennsylvania, be, and they are hereby annul
led, repealed and made void, and the Trustees
herein and hereby appointed, are required and en
joined to review the rules, ordinances, and flatutes
heretofore made by the former Trustees of the said Semi
nary, which so far as they are repugnant to the Constitu
tion and laws of the State are hereby 1 epealed, and to frame
the fame if necessary, and all rules, ordinances and sta
tutes hereafter to be made, consistent with the Constituti
on and laws of this Commonwealth,
And be it further enacted by the authority aforefaid,
That the business of the said corporation Shall and may
be tranfaaed, performed and determined by the major
vote of a meeting of seven at least of the Tfuftees appoin
ted by this Ad, and their successors, duly notified and
called, other than the choice of new Truflees, the nomi
nating and coullituting, or thadifmiffing of the future Pro
voh, Vice Proven or Profeffors, er any of them; or the
alienation or leafing of real eflates for more than seven
years, or any extraordinary and new expenditure of the in
come or other personal eftafe of the said Corporation,
or the altering any (alary, or the granting degrees to the
Scholars of the said University, or to other persons, or to
the making any ordinances, statute or bye-law, which
Several enumerated ads and doings may be tranfaded
and performed by a majoriry of at least eleven of the
said Trullees, duly notified and convened as aforefaid,
and not otherwise.
And be it further enabled by the authority aforefaid,
That ths clause in the firft charter of the said Corporation,
whereby the Trustees thereof were limited to be inhabi
tants of Pennsylvania, raiding within five miles ofthe A
cademy and School aforefaid, although licence was given
in the said charter, to set up the fame at any place within
the said Province, which the said Trustees Should judge
to be most convene nt, so far as the lame clause limits the
appointment of Trustees to persons raiding within five
miles of the Did Academy and School, be and the fame is
hereby annulled, repealed and made void.
And be it further enabled by the authority aforefaid,
Taat the Truflees herein before appointed and their succes
sors, Shall and may ask, demand, sue for, recover and re
ceive all evidences, mortgages, Specialities, deeds, and in
struments, and all papers, books of account and record, and
the library, Philpfopnical apparatus and Seals of the (aid
corporation, and all dubts, dues and demands, to the
fame owing, belonging, accruing or appertaining. And
in case any perlon or persons having tiie custody of the
said library, 'apparatus, mortgages, Specialties, deeds or
instruments, ®r other papers, books or records of the (aid
corporation, or having possession of the real estate of the
said corporation or any part thereof, fliall refufe to deli
ver up the fame when demanded, it (hall and may be law
ful for the Trustees of the said College, to Summon any
person so refufing before any two Justices of the Peace of
the city or the county where the said real efiate lies, or
the detainer of any of the records or other articles afore-
Did, rtfides, who are hereby authorized and impowered
to inquire into the said complaint in a Summary way,
and give judgment there n as to them Shall seem meet,
according to the merits and justice of the case, and if
such judgment be given against the detainer of any
of the said deeds, Specialties, mortgages or other articles
before enumerated, and such detainer ihali still refufe to
deliver the f.me, it (lull and may be lawful for the said
Justices, and they are hereby required, to commit such
refufer to prifun, there to remain without bail or main
prize, until the laid judgment be complied with. And
in the case of real efiate, the fad Justices (hall carry such
judgment into execution, by bluing a writ of possession,
to the Sheriff of the coumy, in me fame manner as tuey
are authorized t„ do by an Act of Assembly intitled, " An
Aft (or the sale of goods dilbained for rent, and to Secure
such goods to the person diurgining the fame, for the better
security of rents, and for uxnr purposes therein mention
ed," in case of tenants holding over their terms: Pro
vided always, That if either of the said parties^hall de
mand a jury to be fiimmoped) to try the laid matter iu
dispute, the said Judices Shall cause a Jury forthwith to
come before them thereupon, in the fame manner as Juries
arehad in the case of tenants holding ov< r their terms as a
forefaid, a#d the said Judices fliall give judgment pursu
ant to the verdid of such Jury, and proceed to the execu
tion hereof, as is herein ;md hereby di/efted.
And be it further enaAed by the authority aforefaid,
That the civil Officers, Mimfiersof the gospel and other
persons, by this A& constituted and appointed, Truflees
of the laid Uuiverfity, and their successors duly chosen,
nominated and appointed, be one community, body poli
tic and corporate, to nave perpetual (ucceffion and cotinu
ance for ever, by the name, stile and title as aforefaid,
and that by tue said name, they (hall be capable and able
in law. to sue and be Sued, have and make a common seal,
and the fame at their pleasure to break and alter, to make
rules and Statutes, and to do every tiling necessary and
needful, for the good government and perfect eftabliihment
of the said University, and the Provost, Vice-Provost
and Profeffors hereafter to be appointed and conflitu
ted by the Trust es aforefaid, Shall be named, filed and
entitled, the Provost, Vice Provost and Profeffors of
the fame University, and the name, flile and title of the
body or faculty, composed ofthe said Provost, Vice-Provost
find Profeffors, Shall be the Ptovoft, Vice- Provost and
Profeffors of the University ofthe State of Pennsylvania.
And be it further en fled by tee anti ority afoiefaid,
That the (aid Trustees Sh: 11 at all times when required,
fubrnii the bocks, acc< utils, and ce enqmy of the (aid Cor
poration, to the free t lamination c\ viAlois to be appoin
ted from time to time by the Representatives of the Free
men of pis Commonwealth, in General Assembly met.
And be it further enaaed by tie authority aforefaid,
That the Truflees appointed by this A& # ora majority of
them, ihall meet in the Hall of the University aforefaid, in
the forenoon on the firfi Wednesday in December next,
and after being duly qualified as this Aft prescribes, pro
ceed to the execution of their trust.
*„* The Gentlemen nominated in the above trust and
accepting thereof, are requested to meet on Wednesday,
at Eleven o'cleck in the forenoon, at the library Room of
the State- House, to proceed from thence to the hall of the.
University.
BASSETERRE, (St. Chriflophers) Odober 18.
AB RIG which arrived last week at St. Euftatia from
Cork, which pla.e fke left the sth ult brings the
following interesting intelligence: That the united fleets
of France and Spain, confining of 60 foil and upwards,
were off Start Poi^t, on tUe coast of Suffix; that Sie
Charles Hardy's fleet was then to the westward of Scylla ;
that it confined only of 47 fail of the line and 20 frigates,
in excellent order, well manned, and eager to come to an
engagement, for which purpose they did all in their power
to work to windward ; but the wind being at east and the
enemy plying close hauled to the feuthward prevented
them for five days. The vessel that brought the intelligence
left the Peets in fight of each other, the French and Span
ish fleets endeavouring to avoid an engagement.
A gentleman in Cork writes to his friend in St. Euftatia,
that the fleets had been in fight of each other for Some
days; that Should numbers get the better of British valour
that an invasion of that devoted iQand mufi be the conse
quence.
A late Martinique paper mentions, that a battle had
been fought in the Channel between the united fleets of
France and Spain and that of Great-Britain, which lasted
eleven hours, and was the bloodiefl that was ever fought at
Sea ; that the French had three of their capital Ships funk
and the English two. Their fleet confided of 52 fail of
the line and 30 frigates, and ours of 47 fail of the line and
20 frigates
A gentlemen in town has received a letter from a cor
refpondem in St. Euftatia, informing, that two vessels had
arrived there on Thursday laflfrom Amsterdam, the
Captains of whom fay, that an engagement had been fought
in the Bay between the Engbfh fleet and the united fleets
of France and Spain; but they could give no particulars.
PROVIDENCE, November 13.
On Monday last the Hon. Major General Gates depar
ted from this place, on his way to join the grand army,
wheß a number of the principal inhabitants of the town
waited upon him as far as Pawtuxet, where, upon taking
their leave, they presented him with the following Address,
viz.
SIR, Providence, Nov. 8, 1779.
IN behalf of the town of Providence, the place you
have honoured whh your Head -Quarters, during your
command in this department, we beg leave tocongratu'
late you on the splendid infiances of success, attending
your arms during the present war. Sublime mast be the
feelings of a breast, copfeious of Superior worth, in acqui
ring laurels amidst the severest toils of the military life.
The unsought tribute cf thousands, Skilled in the arduous
talk, must give to felf-approbation a charm that virtue will
approve. To the historic page, founded on impartial truth,
we leave the just encomiums due to your military charac
ter ; but claim a right to efleem you as a friend to man
kind, and guardian to the immunities'of citizens. In * this
amiable point of view, we have fully experienced the good.
JO Id N BAY A R D, Speaker,
Enacted into a Law at Philadelphia, on Saturday
the twenty-seventh day of November, A, D.
One thousand seven hundred and seventy nine.
THOMAS PAIN E,
Clerk of General Assembly.