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Inspection of the civil Authority; but also, because such a Constitution will be more permanent, better endowed, less liable to abuse, and more capable of answering its true End.

It is unreasonable to suppose, that an University raised by private Contribution in this Province, should arrive at any considerable Degree of Grandeur or Utility: The Expence attending the first erection, and continual Support of so great a Work, requires the united Aid of the Public. Should it once be made an Affair of universal Concern, they will, no doubt, generously contribute by Taxes, and every other Means towards its Endowment, and furnish it by a provincial Charge, with whatever shall be necessary to render it of general Advantage. But altho' our Assembly have already raised a considerable Fund for that Purpose, who can imagine they will ever part with or dispose of it to any other Uses, than such as they shall think proper and direct. If the College be erected at the charge of the Province, it ought doubtless to be incorporated by Act of Assembly; by which Means the whole Legislature will have, as they ought to have, the Disposition of the Fund raised for this Purpose. The Community will then have it in their Power to call those to an Account into whose Hands the public Monies shall be deposited for that particular Use. And thus the Sums thought necessary for the Improvement of Learning, will be honestly expended in the Service for which they are designed; or should they be embezzled, it might easily be detected, and publicly punished. Besides, no particular Set of Men can claim a right to dispose of the provincial Taxes, but those impowered by the Community; and therefore, if the Colony must bear the Expence of the College, surely the Legislature will claim the Superintendency of it. But if after all, it should be thought proper to incorporate it by Charter, it is to be hoped, they will reserve the public Money for some other use, rather than bestow it on a College, the Conduct of whose trustes would be wholly out of the Reach of their Power. 2. A further Argument in Favour of its being incorporated by Act of Assembly, may be deduced from the End of its Institution. It is designed to derive continual Blessings to the Community; to improve those public Virtues that never fail to make a People great and happy; to cherish a noble Ardour for Liberty; to stand a perpetual Barrier against Tyranny and Oppression. The Advantages flowing from the Rise and Improvement of Literature, are not to be confined to a Set of Men. They are to extend their Chearful Influence thro' Society in general,-thro' the whole Province; and therefore, ought to be the pecullar Care of the united Body of the Legislature. The Assembly have been hitherto wisely jealous of the Liberties of their Constituents. Nor can they, methinks, ever be persuaded, to cede their Authority in a matter so manifestly important to our universal Welfare, or submit the Guidance of our Academy to the Hands of a few. On the contrary, we are all so greatly interested in its Success, as to render it an Object worthy of their most diligent Attention,-worthy of their immediate Patronage. Should a Number of private Persons have the Impudence to demand of our Legislature, the Right of giving Law to the whole Community; or even should they ask the smaller Privilege, of Passing one private Act, would it not be deemed the Height of Effrontery? In what light then ought the Conduct of those to be considered, who, in claiming the Government of our University, ask no less considerable a Boon, than absolute universal Dominion.

To a matter of such general, such momentous Concern, our Rulers can never too particularly apply their Thoughts, since under their Protection alone Learning must flourish, and the Sciences be improved. It may indeed be urged, that the Nature of their Employment forbids them to spend their Time in the Inspection of Schools, or directing the Education of Youth. But are the Rise of Arts, the Improvement of Husbandry, the Increase of Trade, the Advancement of Knowledge in Law, Physic, Morality, Policy, and the Rules of Justice and civil Government, Subjects beneath the Attention of our Legislature? In these are comprehended all our public and private Happiness; these are Consequences of the Education of our Youth and for the Growth and Perfection of these, is our College designed.

3. Another Reason that strongly evinces the Necessity of an Act of Assembly, for the Incorporation of our intended Academy, is, that by this Means that Spirit of Freedom, which I have in my former Papers, shown to be necessary to the increase of Learning, and its consequential Advantages, may be rendered impregnable to all Attacks. While the Government of the College is in the Hands of the People, or their Guardians, its Design cannot be perverted. As we all value our Liberty and Happiness, we shall all naturally encourage those Means by which our Liberty and

Happiness will necessarily be improved. And as we never can be supposed wilfully to barter our Freedom and Felicity, for Slavery and Misery, we shall certainly crush the growth of those Principles, upon which the latter are built, by cultivating and encouraging their Opposites. Our College therefore, if it be incorporated by Act of Assembly, instead of opening a Door to universal Bigotry and Establishment in Church, and Tyranny and Oppression in the State, will secure us in the Enjoyment of our respective Privileges both civil and religious. For we are split into so great a Variety of Opinions and Professions; had each individual his Share in the Government of the Academy, the Jealousy of all Parties combating each other, would inevitably produce Freedom for each particular Party.

Should the College be founded upon an Act of Assembly, the Legislature would have it in their Power, to inspect the Conduct of its Governors, to divest those of Authority who abused it, and appoint in their Stead, Friends to the Cause of Learning, and the general welfare of the Province. Against this, no Bribes, no Solicitations would be effectual. No Sect or Denomination plead an Exemption. But as all Parties are subject to their Authority; so would they all feel its equal Influence in this Particular. Hence should the Trustees pursue any Steps but those that lead to public Emoluments, their Fate would be certain, their Doom inevitable. Every Officer in the College being under the narrow Aspect and Scrutiny of the civil Authority, would be continually subject to the wholesome Alternative, either of performing his Duty, with the utmost Exactness, or giving up his Post to a Person of superior Integrity. By this means, the Prevalence of Doctrines destructive of the Privileges of human Nature, would effectually be discouraged, Principles of public Virtue inculcated, and every Thing promoted that bears the Stamp of general Utility.

But what remarkably sets an Act of Assembly in a Light far superior to a Charter, is, that we may thereby effectually counterplot every Scheme that can possibly be concerted, for the Advancement of any particular Sect above the rest. A Charter may, as I have shown in my last Paper, be so unexceptionably formed, as to incur the Disapprobation of no Denomination whatever; but unexceptionable as it may be, we cannot be sure of its Duration. A Second may succeed, which, perhaps, would be disapproved of by all but one Party. On the contrary, we are certain that an Act of Assembly must be unexceptionable to all; since Nothing can be inserted in It, but what any one may except against; and, as we are represented in the Assembly by Gentlemen of various Persuasions, there is the highest Probability, that every Clause tending to abridge the Liberty of any Particular Sect, would by some or other of our Representatives be strongly opposed. And this will still be the case, however repeatedly Innovations may be attempted by subsequent Acts.

4. Another Advantage accruing to the College itself, and consequently to the Community in general, is, that larger Donations may be expected, should it be incorporated by Act of Assembly, than by Charter. Every generous Contributor, would undoubtedly be willing to have some Security for the Disposition of his Gratuity, consistent with the Design of his Donative. Nor is it improbable, that the most bounteous Person would refuse to bestow a Largess, without being convinced of the Honesty and Propriety of its Application. Under a Charter no Security to this purpose can possibly be expected. This is sufficiently evinced by my last Paper. Besides which If a Charter be obtained, it will without doubt, be immediately or eventually in favour of one particular Party; the Consequence of which will be plainly this, that the other Sects amongst us, being a vast Majority, instead of contributing to the Support of our Academy by private Donations, will endeavour to discourage each other from it. But should our University be established by Act of Assembly, as every Individual would bear a Part in its Government, so should we all be more strongly induced, by private Gifts, to increase its Endowments.

Add to all this, that should the Persons Intrusted with the immediate Care of our Nursery of Learning, commit any Error in their Conduct, the Act of Assembly would not be vold, but in as full Force as if the Error had not been committed. And should they designedly transgress the Bounds of their Authority, the Act might be so constructed, as to disqualify them for holding their Offices, and subject them to the severest Penalties; to be recovered by his Majesty, or the Party aggrieved, or by both. It is also to be remarked, that should the Act of Incorporation be at any time infringed, and the Liberty of the Students invaded, their Redress would be more easily obtained in a Court of Law.

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THE LEGALITY OF SUCH AN ACT.

To this Scheme it may be objected, that the Creating a Body-Politic by Act of Legislation, without a previous Charter, is unprecedented, and an Infringement of the Prerogative of the Crown, and may possibly for those reasons be damned by the King, who cannot [can?] repeal a Charter; and farther, that every End that can be proposed by Act only, may be obtained by a Charter-Incorporate; and an Act posterior, confirming it, and enlarging and regulating the Powers of the Body. In Answer to which, let it be considered, that it is not only the King's Prerogative, to grant a Charter, but also to grant it upon certain Terms; a Non-Compliance with which, will cause its Repeal; and from thence arises the Precariousness of a Charter. Should an Act be passed in Consequence of a Charter, it must be either to prevent its Precariousness, or to add new Privileges to those granted by it. If the former should be the reason for passing an Act, it would militate against the Royal Prerogative, as well as an Act to incorporate the College; and therefore would, in all Probability, meet with the same Fate, and by that Means the Charter would stand alone. If the Act should be only in Ald of the Charter, it would still leave it in as uncertain a State, as without an Act. So that in either Case the College would be exposed to those Inconveniencies, which, in my last Paper I have shown to be natural Consequences of a Charter Government. Besides which, should the College be established by a Charter, the Public will lose most of those Advantages, which I shall in my next Paper propose, as some of the substantial Parts of an Act of Assembly.

Many other convincing Arguments might be urged with Success, in favor of an Act of Assembly for the Incorporation of our intended College, would the Bounds of this Paper admit their Insertion. Those I have had Room to enforce, are, I am convinced, sufficiently striking, to engage the Assent of every candid and unprejudiced Thinker. To the Wisdom of our Legislature, these Hints will be perfectly useless. Nor do I aim at anything more upon so important a Subject, than barely to open the Eyes of some of my less impartial Readers; and testify, how entirely the true Interest of this Province commands the most ardent and sincere Wishes of the Independent Reflector, pp. 79-82.

THE CHURCH AND THE COLLEGE.

The Points Desirable in a Legislative Act Establishing a College, to prevent Sectarianism. April 19, 1753. By William Liv ingston.

That a College may be a Blessing or a Curse to a Community, according to its Constitution and Government, I think appears sufficiently evident from my former Papers. That incorporating it by an Act of Assembly, will be the best Means of securing the first, and avoiding the last, is in my Opinion, equally clear and incontestible. On a Subject of such general Importance; a Subject that concerns our Liberty and our Privileges, civil and religious; a Subject that will affect the Prosperity of our Country, and particularly involves in it, the Happiness and Misery of our Posterity, it would have been unpardonable in a Writer, whose Services are entirely devoted to the Public, to have passed it over in Silence, or handled it with Indifference and Langour. No, it deserves my most deliberate attention, and fervent Activity; and calls for the Assistance of every Man who loves Liberty and the Province. Fully sensible of its unspeakable Importance, I shall now proceed to point out those things which in my Judgment, are necessary to be inserted in the incorporating Act, for the Advancement of the true Interest of the College, and rendering it really useful to the Province. Such Things as will effectually prevent

Its being prejudicial to the Public, and guard us against all the Mischiefs we so justly apprehend, should it ever unhappily fall into the Hands of a Party.

First: That all the Trustees be nominated, appointed and incorporated by the Act, and that whenever an Avoidance among them shall happen, the same be reported by the Corporation to the next sessions of Assembly, and such Vacancy supplied by Legislative Act. That they hold their Offices only at the good Pleasure of the Governor, Council and General Assembly. And that no Person of any Protestant Denomination be, on Account of his religious Persuasion, disqualified for sustaining any Office in the College.

In Consequence of this Article we shall have the highest Security, that none will be dignified with that important and honourable Office, but such as are really qualified for executing it, agreeable to the true Design of its Institution. Should either Branch, or any two Branches of the Legislature, propose and elect a Candidate obnoxious to the Third, the Negative of the latter is sufficient to prevent his Admission. The three Branches concurring in every Election, no Party can be disobliged, and when we consider the Characters of the Electors, all Possibility of Bribery and Corruption, seems to be intirely excluded.

Secondly: That the President of the College be elected and deprived by a Majority of the Trustees; and all the Inferior Officers by a Majority of the Trustees with the President; and that the Election and Deprivation of the President, be always reported by the Trustees in this Matter, be then confirmed by the Legislature.

By this Means the President, who will have the supreme Superintendency of the Education of our Youth, will be kept in a continual and ultimate Dependence upon the Public; and the Wisdom of the Province being his only Support, he will have a much greater Security, in the upright Discharge of his Duty, than if he depended solely on the Trustees, who are likely to oust him of his Office and Livelihood thro' Caprice or Corruption. That Station being therefore more stable, will at the same time be more valuable; and for this reason we have the stronger Hopes of filling the President's Chair, with a Man of Worth and Erudition, upon whose good Qualifications and Conduct, the Success and Improvement of the Students, will eminently depend.

Thirdly: That a Majority of the President and Trustees, have power to make By-Laws not repugnant to the Act of Incorporation, and the Law of the Land. That all such By-Laws be reported to the House of Representatives at their next succeeding Session, in haec Verba, under the Seal of the College, and the Hands of the President and five Trustees; and that if they are not reported, or being reported are not confirmed, they shall be absolutely void.

Hence it is easy to conceive, that as on the one hand there will be a great Security against the arbitrary and illegal Rule of the President and Trustees; so on the other, the immediate Governors of the College will have all proper Authority to make such salutary Rules as shall be necessary to advance the Progress of Literature, and support a Decorum and Police in the Academy, as well as maintain the Dignity and Weight which the Superiors of it ought undoubtedly to be enabled to preserve over their Pupils.

Fourthly: That the Act of Incorporation contain as many Rules and Directions for the Government of the College as can be foreseen to be necessary.

As all our danger will arise from the Mis-Rule of the President and Trustees; so all our Safety consists in the Guardianship of the Legislature. Besides, the Advantage herefore, of being by this Article secured from arbitrary Domination in the College; the Business of the Trustees and President will be less, and they with their Subordinates, more at Leisure to concert the Advancement of the College.

The Fifth Article I propose is, that no religious Profession in particular be established in the College; but that both Officers and Scholars be at perfect Liberty to

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attend any Protestant Church at their Pleasure respectively. And that the Corporation be absolutely inhibited the making of any By-Laws relating to Religion, except such as compel them to attend Divine Service at some Church or other, every Sabbath, as they shall be able, lest so invaluable a Liberty be absurd and made a Cloak for Licenciousness.

To this most important Head, I should think proper to subjoin,

Sixthly: That the whole College be every Morning and Evening convened to attend public Prayers, to be performed by the President, or in his absence, by either of the Fellows; and that such Forms be prescribed and adhered to as all Protestants can freely join in.

Besides the fitness and indisputable Duty of supporting the Worship of God in the College; obliging the Students to attend it twice every Day, will have a strong Tendency to preserve a due Decorum, Good Manners and Vertue amongst them, without which the College may sink into Profaness and Disrepute. They will be thereby forced from the Bed of Sloth, and being brought before their Superiors, may be kept from Scenes of Wickedness and Debauchery, which they might otherwise run into, as hereby their absence from the College will be better detected. With Respect to the Prayers, tho' I confess there are excellent Forms composed to our Hands, it would rather conduce to the Interest of our Academy, if, instead of those, new Ones were collected, which might easily be done from a Variety of approved Books of Devotion among all Sects; and perhaps it may be thought better to frame them as near as possible in the Language of Scripture. The general Forms need be but few. Occasional Parts may be made to be inserted when necessary; as in Cases of Sickness, Death, etc. in the College, or under general Calamities, as War, Pestilence, Drought, Floods, etc. and the like as to Thanksgivings. Many of the Forms of Prayer contained in the English Liturgy, are in themselves unexceptionably good; but as establishing and imposing the Use of those, or of any other Protestant Communion, would be a discriminating badge, it is liable to Objections, and will occasion a general Dissatisfaction. As the Introduction of them, therefore, will prejudice the College, it is a sufficient reason against it. It will be a matter of no small difficulty to bring the greatest part of the Province, to the Approbation of praying at any Time by Forms; but since they are in this Case absolutely expedient. our Affection for the Prosperity of this important Undertaking, should incline us, while we give some Offence in one Article, to remove it by a compensation is another of less Consequence to the College.

Seventhly: That Divinity be no Part of the public Exercises of the College. I mean, that it be not taught as a Science. That the Corporation be inhibited from electing a Divinity Professor; and that the degrees to be conferred, be only in the Arts, Physic, and the Civil Law.

Youth at a College, as I have remarked in a former paper, are incapable of making a judicious choice in this matter; for this reason the Office of a theological Professor will be useless. Besides, Principles obtruded upon their tender Minds, by the Authority of a Professor's Chair, may be dangerous. But a main Reason in support of this Clause, is the Disgust which will necessarily be given to all Parties that differ in their Professions from that of the Doctor. The Candidate for the Ministry will hereby in his Divinity Studies, whenever he is fit for them, be left to the Choice and Direction of his Parents or Guardians. Besides, as most of the Students will be designed for other Imployments in Life, the Time spent in the Study of Divinity, may be thought useless and unnecessary, and therefore give Umbrage to many. Nor will their whole Course of Time at the College, be more than sufficient for accomplishing themselves in the Arts and Sciences, whether they are designed for the Pulpit, or any other learned Profession. And it may be justly doubtel, whether a youth of good Parts, who has made any particular Proficiency in the Elements, or general Branches of Knowledge (his Instruction in which is the true