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time and place as the governor shall appoint, and by plurality of voices (by ballot) choose a chancellor and vice-chancellor, to continue in office during the pleasure of said regents; that the said chancellor, or in his absence from the said meeting, the vice-chancellor, or in case both be absent, then the senior regent present (and whose seniority shall be decided by the order in which the regents are named or appointed) shall preside, and in case of division, have a casting voice at all meetings of the said regents; that all meetings of the said regents after the first shall be held at such time and place as the chancellor, or in case of his death, absence from the Territory, or resignation of both of them [sic], then at such time and place as the senior regent present in the Territory shall appoint, and it shall be the duty of the chancellor, vice-chancellor, or senior regent, as the case in virtue of the above contingencies may be, to order and call a meeting of the said regents, whenever and as often as three regents shall in writing apply for and request the same, such order or call to be published in one or more of the public newspapers in the city of New Orleans, at least fifteen days prior to such meeting; and further, that any nine of the said regents, meeting at the time and place so ordered, shall be a quorum, and be enabled to transact the business which by this act they shall be authorized to do and transact; that the said university be, and hereby is, incorporated, and shall be known by the name of "The University of Orleans," and by that name shall have perpetual succession, and power to sue and be sued, and to hold, possess, and enjoy property, real and personal.

SEC. II. And be it further enacted, That the said corporation shall appoint by ballot a secretary and treasurer, to continue in office during the pleasure of the corporation; that the treasurer shall keep fair and true accounts of all money by him received and paid out, and that the secretary shall keep a fair journal of all the meetings and proceedings of the corporation, in which the yeas and nays on all questions shall be entered, if required by any of the regents present; and to all the books and papers of the corporation every regent shall always have access and be permitted to take copies of them.

SEC. III. And be it further enacted, That the said regents shall, as speedily as may be, establish a college within the limits of the city of New Orleans, for the instruction of youth in the Latin, Greek, English, French, and Spanish languages, as well as in the sciences, philosophy, and literature, the name and title of which said college shall be "the College of New Orleans." That the said regents shall appoint for the said purpose and to preside over and govern the said college a president and four professors, namely, one professor for the Latin and Greek languages, logic, and ancient history; one other professor for the English, French, and Spanish languages, rhetoric, and modern history; one other professor for mathematics and natural philosophy; and one other professor for moral philosophy and the law of nature and nations; that it shall be the duty of the said president and professors to instruct and give lectures to the students of the said college, according to such plans of education as the said regents may approve and direct in the branches of learning above mentioned; that the said president and professors, or a majority of them, shall be called and stiled [sic] "the faculty of the college," which faculty shall have the power of enforcing the rules and regulations adopted by the said regents for the government and discipline of the said college, and of granting and confirming, by and with the consent of the said regents, such degrees in the liberal arts and sciences to such students of the college whom, by their proficiency in learning, the said professors shall think entitled to them, as are usually granted and conferred in other colleges in Europe and America, and to grant to such graduates diplomas or certificates, under the common seal of the said university, to authenticate and perpetuate the memory of such graduation; and that the said president and professors shall hold their offices during good behavior.

SEC. IV. And be it further enacted, That the said regents shall, as speedily as may be, establish within each county of this Territory one or more academies for the instruction of youth in the French and English languages, reading, writing, grammar, arithmetic, and geography; that the said regents shall appoint for each of the said academies a discreet person duly qualified to be a master thereof, whose duty it shall be to instruct the pupils placed under his care according to the plan of education adopted and promulgated by said regents, and to enforce the rules ordained by the said regents for the government and discipline of the said academy. And whereas the prosperity of every State depends greatly on the education of the female sex, in so much that the dignity of their condition is the strongest characteristic which distinguishes civilized from savage society:

SEC. V. Be it further enacted, That the said regents shall establish such a number of academies in this Territory as they may judge fit for the instruction of the youth of the female sex in the English and French languages, and in such branches of polite literature and such liberal arts and accomplishments as may be suitable to the age and sex of the pupils.

SEC. VI. And be it further enacted, That it shall be the duty of the said regents, and they are hereby authorized and required as soon as may be, to erect, purchase, or hire, as they may deem most expedient for carrying the purposes of this act into effect, suitable buildings for the seminaries and establishments contemplated by this act; to make ordinances for the government and discipline thereof; to establish plans of education therefor, which plans shall embrace each and every of the languages, sciences, and branches of learning herein before directed to be taught in the said college and academies, respectively; to regul ite the admission of students and pupils into the same; to elect and appoint persons of suitable learning and talents to be the president and professors of the said college, and the masters and instructors of the said academies, to agree with them for their salaries and emoluments, to visit and inspect the said college and academies, and examine into the state of education and discipline therein, and make a yearly report thereof to the legislature; and generally to do all lawful matters and things whatsoever necessary for the maintaining and supporting the establishments aforesaid: Provided, however, That no ordinances shall be of force which shall be repugnant to the provisions of this act, the laws of the Territory, or of the United States.

SEC. VII. And for the more extensive communication of useful knowledge,

Be it further enacted, That as soon as may be after the establishment of the said college and academies, the said regents shall establish in each county of this Territory (except as is hereafter provided for), and in such place in each county as may be most generally convenient and accommodating to the inhabitants thereof, one public library, to consist of such works in the French and English languages as the said regents shall approve of and select; that the said regents shall appoint trustees in each county for preserving the said libraries, and shall make proper rules and ordinances for that purpose; and also for regulating the manner in which persons may be admitted to read in the said libraries and in which the books thereof may be lent out; and that the said regents may appropriate and contribute a reasonable sum out of the funds of the said university for improving and augmenting the public library of New Orleans instead of establishing a distinct library therein.

SEC. VIII. And be it further enacted, That for the establishment and support of the institutions contemplated by this act there shall be raised annually a sum not exceeding $50,000 by two lotteries, the first of the said lotteries to be set on foot as speedily as may be after the passing of this act, and that the regents of the said university shall appoint five discreet persons to be managers of the said lotteries, each of whom shall give security, to be approved by the said regents in such sum

as they shall direct, conditioned for the faithful discharge of the duty required of each manager by this act, and the said managers shall have power to adopt such schemes as to them may seem proper to sell the said tickets and to superintend the drawing of the said lotteries and the payment of the prizes; and that as often as the said managers shall receive the sum of $1,000, they shall deposit the same in the Louisiana Bank; and the said managers and regents shall render an account of their proceedings therein at the next session of the legislature after each drawing; and it shall be the duty of the governor of the Territory, from time to time, to call on the said managers and regents and enforce the execution of the provisions of this act.

JULIEN POYDRAS, President of the Council.

Approved April 19, 1805.

WILLIAM C. C. CLAIBORNE,

Governor of the Territory of Orleans.

This is the first word uttered by the people of Louisiana in its sovereign capacity on the subject of education. Without any regard whatever for the large and specious generalities here expressed, we may yet see in this document a genuine enthusiasm for what is better than education-culture. The scheme comprised all the necessary elements in a State school system, preparatory schools leading to a college, and all under one general supervision to secure the requisite uniformity of aim. Perhaps we may read between the lines that a real university loomed before the eyes of the makers of this act after the academies and college should have been realized. Provision was also made for the education of girls; but, best of all, was the contemplated establishment of libraries in every county. The defect in all the subsequent schemes for higher education in Louisiana is also imbedded in this act-the board of regents was too much of a political complexion; but this is perhaps very generally true of institutions established by the States. That the act could not at first be put into execution was to have been expected, but it was nothing short of a calamity when the ideal plan embodied in this act was set aside after a few years, without being replaced by any other consistent and well-ordered scheme. The support of the institutions contemplated was unfortunately put upon a lottery franchise, and so failure was foredoomed, for in those days lottery franchises were procurable almost anywhere, and profits were not so large as they have since become. Save for the uncertainty of the funds provided, it would be quite safe to say that if this plan had been persistently adhered to till the present time Louisiana would have been to-day in possession of a very satisfactory educational equipment.

THE COLLEGE OF ORLEANS.

This institution, though combined by the terms of the act with a larger school system, we shall find it more convenient to discuss separately. Some of the statements to be made, however, will from their nature apply to the general conditions of the educational system.

Thus we find a comment on the system in a message of Governor Claiborne to the legislature in 1806:

It is with regret I have to inform you that the law passed by the legislative council, "An act to establish an university in the Territory of Orleans," does not promise to advance the interest of literature with the rapidity which was contem plated. *

**

The doctrine which prevailed in an ancient republic of Greece with respect to their youth is one which, in my opinion, ought always to be cherished by a free people. The youth should be considered as the property of the state, their welfare should constitute a primary care of the government, and those in power should esteem it an incumbent duty to make such provisions for the improvement of the minds and morals of the rising generation as will enable them to appreciate the blessings of self-government and to preserve those rights which are destined for their inheritance. I am one of those that admire the plan adopted by some States of the American Union, that of establishing a school in every neighborhood and supporting it by a general tax upon the society. I should indeed be happy to see a similar policy pursued in this Territory, and a tax which would bear alike on every individual in proportion to his wealth, levied for that purpose.

One effect of this message may be seen in an act of 1807 whereby the lottery appropriation was revoked, and the directors reimbursed by an appropriation of $711, the sum they had expended in preparing for a drawing. Other effects of the governor's recommendation will appear below.

APPROPRIATIONS-BENEFICIARY STIPULATIONS.

Passing over some previous tinkering with the university act, we find in an act of April 9, 1811, some new provisions of importance. The State made an appropriation out of her treasury of $39,000 for a college and schools in the Territory-$15,000 for the college in New Orleans, and a sum not to exceed $2,000 each for schools in the remaining counties. It was provided that 50 indigent children should be taught gratis in the college, for which an annual sum of $3,000 was set apart, while the county academies were to receive $500 each. These new provisions contain a sounder financial policy than the old haphazard resort to lottery support, and beneficiary education is for the first time formally introduced. We may not conclude, however, that lottery appropriations were abandoned, for by an act of February 13, 1813, the University of Orleans was again authorized to raise $50,000 annually by a lottery. But State appropriations to this cause were also continued, and on March 6, 1819, the stated appropriation from the treasury was raised to $4,000 annually. In 1821 the annual appropriation was further increased to $5,000, and the administrators were empowered to raise a sum of $50,000 which the regents had somehow failed to raise. How or for what purpose the act does not specify; it was doubtless the lottery appropriation mentioned just above. In 1823 a further source of revenue was provided for the College of Orleans by the license of six gambling houses at $5,000 each,

one-fourth, $7,500, to be the share of the college. This sum was in the following year reduced to $7,000 by a new scale of apportionment of this fund. In 1825 the annual appropriation of $5,000 was withdrawn in favor of the College of Louisiana (cf. below, p. 33) but $3,000 more was allowed from the gambling licenses fund.

CONTEMPORARY COMMENT.

The affairs of the College of Orleans were before the legislature for consideration on February 1, 1817, in a report on its condition and prospects presented for the special committee on education through its chairman, Sebastian Hiriart, of the county of Pointe Coupée. He remarked that "in every country where the people are called on to govern themselves it is necessary that public instruction should be the object of national solicitude;" and then having shown the difficulties that had to be encountered in establishing a sufficient number of schools for Louisiana, he went on:

* * *

Some enlightened man in the territory of Orleans drew up the act for establishing an university in the Territory. The project, however, was never realized, and it remained only as a monument to attest the talent of those who had conceived it, and their love of letters. After some years private munificence* prepared some means of execution, and the legislature modified the existing law and lent their aid to the establishment of a college in New Orleans. During a short period success seemed to crown the effort. In the fervor of new-born zeal, local disadvantages were surmounted or overlooked. The corporation furnished the grounds and buildings necessary for the institution, a college was organized, teachers eminent for their learning were designated by public opinion and selected by the regency. * * * But it was soon discovered that with its present population, this State alone could not fill the college with a number of students sufficient to enable the regents to meet the expenses of so costly an establishment. There came a reduction of salaries and loss of professors. No English professor could be secured to replace a fine one that had gone away, the institution was confided to natives of France, and Spanish ceased to be taught except under an outside professor. "The consequence of this was that the college, at first honored by the appellation of university,' soon degenerated to a common school." (Cited by Lusher, in a manuscript history of education in Louisiana.)

In 1823 Elijah Clark, chairman of a committee on instruction, reported the condition of the college at that time:

66

The college had been inspected by the committee, the students examined in their presence in English, French, Greek, Latin, geography, arithmetic, elements of geometry, and algebra applied to geometry. The committee was greatly pleased with the subordinate and decent appearance of the boys, as well as with the facility and correctness with which they answered questions and translated their classical authors."

We further learn from this report that the college was prospering, the president had brought the attendance up from 7 to 44 boarding

*Mr. Gayarré does not know to what circumstance this allusion is due. + Mr. Gayarré does not know to whom allusion is made here.

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