party, the equal rights or popular party, and the French party on the other. And the conservative elements were largely successful in the legislation of 1784. As the university was constituted by the act of May 1, 1784, and the amendment of November 26, 1784, a body of men who were virtually trustees of Columbia College were made autocrats in the whole educational system of the State, while the funds that had belonged to the old college were restricted to the needs of the new college, and not of the university as a whole. The very title of the act shows the predominance of Columbia. The personnel of the board points the same way. The desire of Columbia College to become the "mother of a university" was thus gratified by a legislative license.

Act of May 1, 1784.1-1. "All the rights, privileges, and immunities" of the old corporation of King's College were vested in "the regents of the University of the State of New York."

2. The regents are divided into five classes:

(a) Perpetual regents, or regents ex officio, namely, the governor, lieutenant-governor, president of the senate, speaker of the assembly, mayor of New York, mayor of Albany, attorney-general, and secretary of state.

(b) County regents. There were 12 counties in the State, and two regents from each county were appointed.

(c) Clerical regents. "The clergy of the respective religious denominations in this State" were to choose "one of their body to be a regent in the said university; and in case of death or resignation, to choose and appoint another in the same manner." This language leaving it doubtful whether each denomination was to have a representative upon the board of regents, or all the denominations collectively were to have but one, the amendatory act of November 26, 1784, provided that "the clergy of each respective religious denomition" should "elect one of each of their respective bodies."

(d) Founder's regents. Provision was made for the admission into the university, upon the application of the founder, of any college or school "founded by any person or persons, or any body politic or corporate," and by them endowed "with an estate, real or personal, of the yearly value of 1,000 bushels of wheat." Upon admission the endowment was to be vested in the regents and "applied according to the intention of the donor," and the founders and their heirs or successors were to be entitled forever to send a representative, "who, together with the president (if the estate is applied to the use of the college)," should be regents.

(e) College representative regents. The fellows, professors, and tutors of the respective colleges were made "regents of the said university ex officio, and capable of voting in every case relative

1 Laws, seventh session, ch. 51; Pratt's Annals (see Conv. proc. 1875, p. 203).

only to the respective college to which they shall belong, excepting in such cases wherein they shall, respectively, be personally concerned or interested."

3. The succession of regents was to be kept up by appointment "by the governor, by and with the advice and consent of the council of appointment," in such manner as to keep up the representation of counties. This applied only to the county regents. The manner of succession in the other classes has been already given.

4. The regents were to elect their own officers, namely, chancellor, vice-chancellor, treasurer, and secretary.

5. "The regents of the said university, or a majority of them," were empowered "to make ordinances and by-laws for the government of the several colleges which may or shall compose the said university." This power included the appointment and removal of presidents, professors, tutors, fellows, pupils, and servants of the colleges, the fixing of salaries of officers and servants, and the management of the estates of the colleges. There were some limitations upon the exercise of these powers:

(a) "No professor shall be in any wise whatsoever accounted ineligible for or by reason of any religious tenet or tenets that he may or shall profess, or be compelled by any by-law or otherwise to take any religious test oath whatsoever."

(b) The property vested in the regents which had belonged to King's College was to be "applied solely to the use of the said college," now first called Columbia College. All property vested in the regents subject to a particular use was to be applied strictly according to such use.

6. The regents were empowered to hold "estates, real and personal, to the annual amount of 40,000 bushels of wheat" to use for the general objects of the university, namely, "the further promotion of learning and the extension of literature."

7. The regents were "empowered to found schools and colleges in any part of this State" and to endow them; "every such school or college being at all times to be deemed a part of the university, and as such subject to the control and direction of the said regents" and to their visitation.

8. The degree of "bachelor of arts" was to be granted by the presidents of the respective colleges, but to the regents was given. the power "to grant to any of the students of the said university, or to any person or persons thought worthy thereof, all such degrees, as well in divinity, philosophy, civil and municipal laws, as in every other art, science, and faculty whatsoever, as are or may be conferred by all or any of the universities in Europe."

9. "Any religious body or society of men" was allowed to endow a professorship in divinity in the university.

10. "Nothing in this act contained shall be construed to deprive

any person or persons of the right to erect such schools or colleges as to him or them may seem proper, independent of the said university.” Amendatory act of November 26, 1784.1—The act of May 1 was evidently not satisfactory to the Columbia men. The board of regents were powerful, but that power was dangerous unless it could be controlled by Columbia influence. As the board was constituted, the college had secured a meager representation. Of the eight "perpetual regents," four-namely, Governor Clinton, Mayor Duane, AttorneyGeneral Benson, and Secretary Scott-were former governors of the college and signers of the petition. The provision for college representation in the board of regents by the presidents, fellows, professors, and tutors would secure control to Columbia only so long as Columbia men outnumbered the others, and these college representatives could vote only in matters pertaining to the college.

Of the 24 county regents, 2 only, Henry B. Livingston and Robert Harpur, representatives of New York City and County, were to be relied on as Columbia men. It took a majority of the regents to make a quorum. Upon such a basis Columbia had small chance to rule even in the conduct of her own affairs. The very appointment of her own professors would be in the hands largely of the county members of the board, and the records of the regents show that few professors were elected till, by the amendment in the act of November 26, 1784, Columbia had filled the board with her own men. The clergy, too, were dissatisfied with the ambiguity of the law as to their representation. A movement for a change in the law was soon begun.

The regents immediately organized. Almost their only task was the care of Columbia College. They arranged for courses of instruction, took charge of the finances of the college, made some attempts to procure professors, and admitted a few students, first among whom was De Witt Clinton, nephew of Governor Clinton, and afterwards himself governor of the State. The regents captured young Clinton as he was on his way to enter Princeton.

But the business dragged. It was hard to get a quorum, so many of the members lived in the country counties. Governor Clinton, in his message to the legislature which convened in October, recommended an amendment. The matter was immediately taken up by the assembly and a bill reported by a committee of three, who were regents. They were all from outside counties, however, and from the fact that the bill never went beyond the committee of the whole, it seems probable that it was not satisfactory to the Columbia men. This conjecture is further supported by the fact that Mr. Duane in the senate, as he had done in case of the original act, brought in a bill to amend this act, which bill was supported by a "representation for the present condition of Columbia College."2

1Laws of 1784; Pratt's Annals (see Conv. proc. 1875, p. 221).

2 Sen. Jour. Nov. 19, 1784; Pratt's Annals (see Conv. proc. 1875, p. 218).

In the debate upon this bill it was proposed that £2,552 should be advanced by the State to the regents for the use of Columbia College. This was opposed by Mr. Yates, a country member, who proposed £1,000 instead, and upon the failure of Mr. Yates's proposition another country member moved that an advance of funds be made by the State to "trustees of different congregations on the frontiers of the State, to enable them to rebuild their churches and for the establishment of schools among them." It was clear that Columbia grasped too much to suit the country members. The assembly concurred in the bill with some amendments. The bill finally passed November 26, 1784. This amendatory act has its chief significance in the personnel of the new regents appointed by it. Thirty-three additional regents The remain

were appointed. Of these, 20 were from New York City. ing 13 were scattered throughout the other counties. The draft of this bill, which was moved by Mr. Duane, had proposed only the 20 New York members. Doubtless the 13 country members were put in to quiet the opposition of the popular party. These 20 men from New York were John Jay, Samuel Prevost, John H. Livingston, John Rodgers, John Mason, John Ganoe, John Daniel Gros, Johann Ch. Kunze, Joseph De la Plain, Gershom Seixas, Alexander Hamilton, John Lawrence, John Rutherford, Morgan Lewis, Leonard Lispenard, John Cochran, Charles McKnight, Thomas Jones, Malachi Treat, and Nicholas Romain.

They were all good Columbia men. Four of them had signed the petition spoken of above, as governors of King's College. John Jay was a graduate of Columbia, and Alexander Hamilton had been a student there. Six or more of them were shortly afterwards elected professors in the college, and when the act of 1787 gave Columbia a separate board of trustees, all of these 20 men were made such trustees except John Jay and John Rodgers, who remained regents. This amendment, therefore, destroyed the former equality of county representation in the board of regents. There were henceforth 57 county regents instead of 24. Of these 57, New York had 22, Albany had 5,

and each of the 10 other counties had 3.

The amendment further provided that the chancellor, vice-chancellor, or senior regent in appointment could call a meeting with only eight other members. Nine members were thus made a quorum instead of the majority formerly required. The popular party, however, succeeded in getting in a proviso that a meeting to be legal must be announced in a newspaper for at least two weeks previously.

The amendment in regard to the representation of the clergy has been already noticed.

It was provided that the regents should meet annually at the same time and place with the legislature, and "that at every such meeting the acts and proceedings of the regents of the said university shall be reported and examined." This language is somewhat ambiguous, but

it does not seem to have been intended that the regents should report to the legislature. The first report to the legislature of which any evidence appears is after the new law of 1787.

The legislation a compromise of parties.-1. The college or corporation party accomplished the following results in this legislation of 1784: a. "An act for establishing an university within this State" became "An act for granting certain privileges to the college heretofore called King's College for altering the name and charter thereof, and erecting an university within this State."

The arrangement of the provisions of the act, as well as the provisions themselves, show that, as indicated by the change of title, the college party made this act, as amended, a measure primarily for the benefit of the college and secondarily only for the benefit of the State as a whole. The college was to be the source of learning for the whole State. It is even made to appear, by the following extract from the preamble to the bill, that the movement for a university was started by the college. These are the words: "And whereas the remaining governors of the said college, desirous to render the same extensively useful, have prayed that the said college may be erected into a university, and that such other alterations may be made in the charter or letter of incorporation above recited as may render them more conformable to the liberal principles of the constitution of this State; be it therefore enacted, etc." The fact, however, was that the movement for a university began before any action by the college.

b. The form of a corporation similar to that of King's College was retained, with added powers. In the charter of King's College the chief State officers were governors, ex officio, of the corporation, as by this law they were made "perpetual regents."

This single board of regents were virtually trustees of all the colleges in the State; charged with the whole administration and discipline of these colleges. This would give Columbia autocratic control of the whole State system if they could secure control of the board of regents.

c. By the amendatory act of November, Columbia succeeded in obtaining this control of the board. Columbia had at least twentytwo men on the board, all residents of New York City, and therefore easily convened, while only nine members were necessary for a quorum.

Further, the provision that new county regents were to be appointed by the governor and council of appointment was an aristocratic measure that might easily be of aid to Columbia, especially since the seat of the State government was at New York, and the college could always hope to exercise a strong social influence there.

d. The property which had belonged to King's College was still kept for the use of that institution, and the sum of £2,552 was advanced by the State to the regents for the use of the college.

2. The church influence was greatly weakened.