"The first of these petitions states in substance that the Genesee Conference of the Methodist Episcopal Church, at their last annual meeting, resolved to establish a Seminary of Learning within their district. That in the prosecution of this intention, they appointed a committee to designate a place for the institution, superintend the collection of funds, and apply to this Board for an act of incorporation. This committee has fixed upon a site in the vicinity of the village of Ithaca, had obtained subscriptions to the amount of more than $6,000, and had resolved to proceed in the course of the approaching spring to the erection of buildings. The petitioners further represent that the system of education proposed to be adopted in this institution is the same as that pursued in other seminaries of learning in this State, and they, therefore, solicit the approbation of this Board, and pray for its aid to enable them to complete their plan.'

"The petition of the Trustees of the Geneva Academy represents, that the only effectual means of securing the ends for which that institution was established, they have determined to make an effort to procure for it such endowments as they trust may entitle it to the powers and privileges of a College. They state that they already have property secured to the amount of $1,500, independently of their lot and buildings, which they value at $9,500. They also receive an annuity from the corporation from Trinity Church in New York, of $750 for the support of a principal and assistant, which, it is supposed, would be rendered permanent to the President of the College. In addition to this, they have expectations of aid from other sources from which they calculate upon raising funds within the term of three years, to the amount of more than $50,000, which shall produce, annually, more than $3,000. They, therefore, pray for a grant of College powers, to take effect at the expiration of

The committee referred to consisted of Rev. Charles Giles, Rev. George Harmon, Rev. Jonathan Huestis, Joshua Hathaway, Joseph Speed, David Woodcock, Jesse Merritt, Charles Humphrey, and Elijah Atwater, Esquires. In a pamphlet entitled An Address of the Committee appointed by the Genesee Annual Conference to superintend the establishment of a Seminary of Learning at Ithaca, to the Public, in behalf of the Institution " (Ithaca, 1821), they stated their object as follows:

"The Ithaca College is designed to combine all the branches of male and female instruction from the first rudiments of an English education to the higher sciences usually taught in American universities. And the committee are authorized to give assurances that although it has been announced under the auspices of the Methodist Episcopal Church, and will be conducted ostensibly under their direction, yet that it will be established on as broad and liberal principles as any college in the United States; and a system of instruction adopted without regard either to political or religious opinions."

The building proposed to be erected was to be sixty-two feet by forty and three stories high, and the amount proposed for the endowment was $40,000. The first trustees were to be the committee above named, with Lewis Beers, William R. Collins, Charles W. Connor and Joshua Wyckoff.

that period, provided they shall procure, within the same, the permanent funds and income required by this Board.

"I. The first question which these applications present for consideration relates to the policy of increasing the present number of incorporated Colleges, and extending the patronage of the State beyond those which have already received charters.

"Your committee are well aware that an opinion has obtained amongst a highly respectable and intelligent portion of the community in favor of concentrating the efforts of both public and private munificence to the existing institutions, in the hope of serving more effectually the great cause of education, by the accumulation of those funds which would otherwise be distributed in local and partial endowments, by the consequent increase of the emoluments of professors and tutors, as well as of the means of collecting large libraries, and forming extensive depositories of philosophical apparatus, and by thus assembling together in a few great establishments, numerous bodies of persons devoted to the common pursuit of literature and science. But, however advantageous institutions upon such a scale and foundation may have proved in countries which have made greater progress in wealth, population and the arts of a refined and luxurious civilization than our own; however admirably adapted to the security of a political hierarchy, or favorable to the enjoyment of that ease and leisure which in those countries is sometimes both the incentive and reward of literary exertion, yet your committee, with due deference, conceive, that in this country such establishments are neither applicable to the state of society, congenial to the manners and characters of the people, or consistent with the form and principles of the government.

"The great end of education is, to fit men for the active duties of life, and imbue them with those principles of morality which are as essential to the welfare of society as to the present and future happiness of individuals; and in this country, it seems to your committee, that the former of these combined objects ought to be kept steadily in view, to the exclusion of the prospect of literary bounties and rewards, so long as the habits and condition of the community preclude the separation of a portion of its members into a distinct class, devoted solely to the cultivation of polite literature and of the sciences; whilst the latter branch of the same great end should constitute the chief purpose of the system of public instruction under a government whose existence depends on the virtue and intelligence of the people.

"That system, therefore, which is best calculated to promote this two fold object of public education ought to receive the preference, and the point seems in some measure already settled, in favor of the multiplication and distribution of the higher seminaries of learning by the act of the Legislature under which the Board derives its powers. By this law the University of the State,' comprehends all the Colleges, Academies and Schools,' which are or may be established therein. The Regents who form the corporation are

directed to hold their annual meetings at the seat of the State Government, which is liable to be changed at the pleasure of the Legislature; and provision is made for the incorporation by them, of Colleges and Academies at any place,' and' in any of the cities and counties within this State.' Thus negatively the idea of establishing a seat for the University, or of limiting the number of the various Seminaries of which it is composed, excepting so far as the solid discretion of the Regents may deem it expedient to do so. The only question then is, whether under present circumstances, it be not more advisable for the Regents, in the execution of the trust and discretion vested in them, to avail themselves of that spirit of rivalship and emulation between different and neighboring districts which has already been productive of so much improvement in other departments of public administration, and thus secure a certain increase of the aggregate fund appropriated to the promotion of literature, even at the hazard of the success of some of these local and contiguous seminaries, than to depend upon contingencies for the graudual increase and prosperity of the existing institutions under a system, which, although it may produce a few more perfect and accomplished scholars, is neither so well calculated for the general diffusion of knowledge, nor so certain to render it practically useful. Upon the most mature reflection, your committee have deeided in the affirmative of this question, and it remains, therefore, only to examine in the second place:

"II. Whether there be any thing of a religious or sectarian object in either of the applications now under consideration to induce the Regents to reject it.

"The proposition for the incorporation of the Ithaca College avowedly proceeds from a branch of the Methodist Episcopal Church, and a majority of the persons proposed for trustees are confessedly of that persuasion. Whilst the Geneva Academy is not only under the control of Episcopalians, but as appears from the face of the petition presented by its trustees, the patronage which it has heretofore received from Trinity Church is expected to be continued to it, if erected into a College, and is relied on as a material item for its support.

"Now do these circumstances of themselves afford a sufficient reason for refusing to incorporate either of these institutions, as a higher seminary of classical education, under the existing law? This is all that is asked for by either set of petitioners, and this is all that the Regents have authority in any case to grant. Are any evil or dangerous consequences to be apprehended from the grant of such a charter? Would it in any degree militate against the letter or spirit of the Constitution? Or as it particularly respects the Geneva Academy, would that particular institution partake more of a sectarian character from being erected into a College than it does at present?

"The act relative to the University not only subjects the whole system of Education and Discipline in every College and Academy

to the examination and control of the Regents, but declares that no president or professor shall be ineligible for or by reason of any religious tenet that he may possess, or be compelled by any law or otherwise to take any test oath whatever.'

"Every charter granted by this Board must, of course, be taken subject to these restrictions, as so long as they remain in force it seems impossible that any College or Academy can be converted to sectarian purposes in any other manner than by conferring upon its students the advantages of a classical education through the instrumentality and under the patronage of the particular religious society to which they may belong.

"But will the Regents refuse to avail themselves of the offers of sectarian zeal to promote the great interests confided to their charge? Will they, upon applications of this nature, if satisfied on other points, stop to inquire into the religious opinions of the applicants, unless for the purpose of preventing too many of the higher seminaries from being subject to the same religious sect? Your committee humbly conceive that this Board will do neither; for the free exercise and enjoyment of religions profession and worship, without discrimination or preference,' which is allowed to the people of this State by the Constitution, can only be secured to them by placing the different sects, in all matters of civil regulation, as nearly as may be on an equal footing, and dealing with all of them alike. This principle indeed has been acted on by the Legislature who from time to time have granted to various religious societies acts incorporating theological schools for the education of candidates for the ministry, and whilst this rule shall be impartially adhered to, no one sect will have reason to complain of any discrimination in favor of another; but should a contrary policy be adopted either by the Legislature or by this Board, the necessary effect of it would be to give a preference to that religious sect to which the most numerous portion of our citizens may belong.

Upon the whole, therefore, your committee are of opinion that the respective prayers of the petitioners so referred to them should be severally granted, and that the Secretary should accordingly be directed to prepare instruments to be executed in pursuance of the sixth section of the act relative to the University, under the seal of this Board, declaring its approbation of the respective plans on which it is intended to found and provide for each of these institutions, and allowing in each case the terms of three years for completing the same respectively. And if, at the expiration of that time, it shall appear, to the satisfaction of the Regents, that the said respective plans, or either of them, have been fully executed, and permanent funds to the amount of Fifty Thousand Dollars or up wards, for the benefit of each of the said institutions, or either of them, have been properly secured, that then the said institutions respectively, or that one of them for which the plan shall be separately executed, and funds secured as aforesaid, shall thereupon be incorporated by the Regents as a College, according to the law of this State and the regulations of this Board."

Which being read, it was ordered that the same lie on the table, and that the Secretary inform the absent Regents that the Board will take the same into consideration at their next meeting.

The question of adopting the report came up for action on the 10th of April, 1822, and passed by a vote of five to two, viz.:

For the affirmative.-Mr. Young, Mr. Bleecker, Mr. Duer, Mr. Lansing and Mr. S. De Witt.

For the negative.-Mr. Van Vechten and Mr. J. De Witt.

Notice was served accordingly, and three years afterward Geneva College was incorporated. The Ithaca project failed to secure the endowment under which they could claim a charter.

The policy thus declared has never since been modified, and the only questions considered in the incorporation of new Colleges have been as to the means provided for their operation, and the ability of the applicants to secure a success.

Increased Requirements in the Incorporation of Colleges.

On the 20th of May, 1836, the endowment fund required was raised to $100,000, to be invested in bonds and mortgages; and that besides this, that a site and buildings worth at least $30,000 should be provided. This endowment was to be fully made before the charter was granted. The Regents would in no case appoint a President for an Academy unless its funds and real estate were worth at least $130,000.

This ordinance was amended January 10, 1850, by adding a section which provided that in case the whole of the proposed endowment shall not have been fully invested in the manner required, the Regents, if satisfied that the same had been fully paid by valid subscriptions of responsible parties, or otherwise to them satisfactory, would grant such charter with a provision therein that the said endowment should be made as above required, within some reasonable time to be therein named, or it should become void.

By further amendment, January 9, 1851, the applicants were required to satisfy the Regents that suitable buildings for the use of the College would be provided, and that $100,000 had been paid or secured to be paid; in which case a provisional charter was to be granted for five years. But if within that time this amount was invested in bonds and mortgages, United States and New York State. stocks or city bonds, then the charter was to be made perpetual.