1798 - Land-Grant System of Education in Kentucky

1798 - Land-Grant System of Education in Kentucky

Wallace is remembered as the "Father of the Academy System" of education in Kentucky, having been an active and early advocate for education on the frontier, as he was earlier in Virginia. He was, in Kentucky, among the founders of what has become Transylvania University in Lexington, although efforts were under way to initiate this institution when he arrived from Virginia. He was, for a brief period, part of a movement which almost scuttled the small school he had worked to invigorate when, as he and others among its Presbyterian founders, felt that the philosophy of the schools was becoming "too liberal"; a rival school, Woodford Academy, thus enjoyed a short existence (note that in the following legislation, passed in 1798, it is Woodford Academy which is endowed, with Wallace's name first among its trustees) before a a reconciliation was effected which combined the two academies in the name of Transylvania. Since it is likely that Wallace drafted this enabling legislation, and since it lists the names of so many prominent Kentuckians from the era, it is included here. This text is taken from "Life and Times of Judge Caleb Wallace", Whitsitt, William H., Filson Club (Louisville, Ky.) Pub. #4, 1888, pp. 131-34. .

"An Act to Establish and Endow certain Academies,"

"SECTION I. Be it enacted by the General Assembly, That William Kennedy, Washington Berry, Charles Morgan, John Grant, Thomas Kennedy, Thomas Sanford, Thomas Carneal, Richard Southgate, Daniel Mayo, John Crittenden, Robert Stubbs, and James Taylor shall be and are hereby constituted a body-politic and incorporate, and shall be known by the name of the Winchester Academy.

"That Samuel Taylor, John Adair, Philip Bush, Gabriel Slaughter, George Thompson, Matthias Bush, George Bohannon, Peter Casey, Samuel P. Duval, Peter Bonta, John Thomas, and Augustine Passmore shall be and are hereby constituted a body-politic and incorporate, and shall be known by the name of the Harrodsburgh Academy.

"That Nathan Huston, Hugh Logan, Richard Gains, George Davidson, Samuel Finley, William Owsley, Samuel Moore, Jonathan Forbes, and John James shall be and are hereby constituted a body-politic and incorporate, and shall be known by the name of the Trustees of the Stanford Academy.

"That Robert Johnson, Bartlett Collins, John Hawkins, Elijah Craig, John Hunter, Toliver Craig, William Henry, John Payne, Samuel Shepherd, William Warren, and Abraham Buford shall be and are hereby constituted a body-politic and incorporate, and shall be known by the name of the Trustees of the Rittenhouse Academy.

"That Samuel Hopkins, Charles Davis, William Campbell, Robert Ewing, John Curd, Israel M'Grady, Amos Balsh, Young Ewing, David Caldwell, William Prince, William Love, Finis Cox, Burwell Jackson, Aeneas McCollister, Samuel Hardin, John Bailey, Daniel Brown, and John Caldwell shall be and they are hereby constituted a body-politic and incorporate, and shall be called and known by the name of the Trustees of the Newton Academy.

"That Enoch Smith, James Pogue, Jilson Payne, Bennet Clark, Joseph Hume, William Payne, Abijah Brooks, James Ward, William Robinson, and James M'Illany shall be and are hereby constituted a body-politic and incorporate, and known by the name of the Trustees of the Montgomery Academy.

"That Benjamin Harrison, William E. Boswell, Henry Coleman, Hugh Miller, sen., John Wall, Samuel Lamb, Samuel M'Mullin, Samuel Cook, Robert Hingson shall be and are hereby constituted a body-politic and incorporate, and known by the name of the Trustees of the Harrison Academy.

"That Michael Cassidy, Robert Morrison, John Hart, Hugh Fulton, George Stockden, Andrew Kincaid, John Home, John Faris, and Richard Tilton shill be and are hereby constituted a body-politic ai)d incorporate, and known bv the name of the Trustees of Fleming Academy.

AThat Joseph Hornsby, Benjamin Logan, Bland W. Ballard, Benjamin Roberts, Thomas Given, Simon Adams, James Logan, John Allen, Joseph Winlock, John Pope, Nicholas Meriwether, Daniel M'Cleland, and Aquila Whitaker shall be and are hereby constituted a body-politic and incorporate, and known by the name of the Trustees of the Shelby Academy.

"That Hickerson Grubbs, Robert Caldwell, Green Clay, Christopher Irwin, Archibald Wood, James Speed, Matthew Huston, Joseph Kennedy, James Barnet, Robert Rhodes, John Millar, and John Patrick shall be and are hereby constituted a body-politic and incorporate, and known by the name of the Trustees of the Madison Academy.

"That William Casey, Robert Haskins, Elias Barber, Jonathan Conard, William Buckner, Jonathan Patterson, Nathan Montgomery, John W. Sample, James Young, Daniel Trabue, John Montgomery, and David Sims shall be and are hereby constituted a body-politic and incorporate, and known by the name of the Trustees of the New Athens Academy.

"That Philip Buckner, Nathaniel Patterson, Samuel Brooks, William Brook, John Blanchard, Francis Wells, Robert Davis, John Bond, John Fee, John Pattie, and Joseph Logan sl)all be and are hereby constituted a body-politic and incorporate, and known by the name of the Tuistees of the Bracken Academy.

"That Felix Grundy, Matthew Walton, Benjamin Hardin, Thomas Kyle, Samuel Overton, John Helm, John Reed, Barnabas M'Henry, John Lancaster, Philip Washburn, Henry Smock, Robert Able, Charles Ewing, and Charles Wickliffe shall be and are hereby constituted a body-I)olitic and incorporate, and known by the name of the Trustees of the Washington Academy.

"That Alexander Barrett, Ignatius Pigman, Joshua Crow, William Bailey Smith, Benjamin Fields, Jesse Cravens, Harrison Taylor, Stephen Clever, Aquilla Fields, and David Glem shall be and are hereby constituted a body-politic and incorporate, and known by the name of the Trustees of the Hartford Academy.

"That William Garrard, John Allen, William Kelly, David Purviance, Augustine Eastin, John Edwards. Andrew Todd, Thomas Jones, sen., Hugh Brent, John Metcalfe, Alexander Barnett, James Brown, sen., Barton W. Stone, James Matson, and James Kenny shall be and are hereby constituted a body-politic and incorporate, to be known by the name of the Trustees of the Bourbon Academy.

"That Benjamin Perkins, John Harrison, James Thompson, John Bryant, Samuel Gill, Henry Pawling, Benjamin Letcher, William Bledsoe, John Jones, John Boyle, jun., and William Campbell shall be and they are hereby constituted a body-politic and incorporate, and called and known by the name of the Trustees of the Lancaster Academy.

"That John Paul, Thomas Helm, John Vantreese, Benjamin Helm, John Canihaw, sen., Bladen Ashby, Robert Hodgens, Patrick Brown, Stephen Rolling, and Jacob Larue shall be and they are hereby constituted a body-politic and incorporate, and shall be called and known by the name of the Trustees of the Hardin Academy; and they, or a majority thereof, sl)all fix upon a proper seat for the same.

"That Henry Crist, Benjamin Summers, Benjamin Pope, Daniel Donaldson, Samuel Crow, Richard Summers, Joseph Saunders, John Lewis, Thomas Speed, Armstead Morehead, and Thomas Greenfield be and they are hereby constituted a body-politic and incorporate, and shall be called and known by the name of the Trustees of the Bullitt Academy; and they, or a majority thereof, shall fix upon a seat for the same.

"That Caleb Wallace, Robert Alexander, George Brooke, William Vawter, William Steele, John Watkins, Marquis Calmes, Richard Young, John Jouitte, Charles Wilkins, Tunstall Quarles, John O'Bannon, and Alexander Dunlap be and they hereby are constituted a body-politic and incorporate, and shall be called and known by the name of the Trustees of the Woodford Academy; and a majority of them shall fix upon a seat for the same.

"That the trustees of the said several academies shall each have perpetual succession and a common seal, and they are hereby severally invested with all the powers and privileges that are enjoyed by the trustees of any academy or college within this common-wealth not otherwise limited or directed.

"The permanent seat for the Harrodsburg Academy shall be established on the public square in the town of Harrodsburg, containing fifteen acres, which is hereby vested in the trustees thereof and their successors, who are empowered to sell any part thereof, not exceeding thirteen acres, and appropriate the money arising therefrom toward erecting buildings for the use of said academy on the remaining part.

"The seat for Stanford Academy shall be established in the county of Lincoln, at or near the town of Stanford, as the trustees, or a majority of them, may judge most eligible, which seat when so fixed on shall be considered as the permanent seat of the same, and shall be vested in the said trustees and their successors for the use of said academy. The seat for the Newport Academy shall be established oil the open square in the town of Newport, containing six in-lots, and which is hereby vested in the trustees thereof and their successors for the use of the said academy. The seat for the Hartford Academy shall be established in the town of Hartford, or in the vicinity thereof, as may be judged best by the trustees thereof. The seat for the Newton Academy shall be established at the most convenient, eligible place, in the opinion of the trustees thereof, within the counties of Logan, Warren or Christian, or such counties as may be formed of them; which place, when so fixed on, shall be deemed the permanent seat of said academy. The seats for the Rittenhouse, the Montgomery, the Harrison, the Fleming, the Bracken, the Madison, the Shelby, the Washington, and the New Athens academies shall be fixed by the trustees of the said several academies, respectively, at such place within their respective counties as they may deem most proper and eligible; which places, when so fixed, shall be established as the permanent seats of the said several academies.

"SECTION 2. There shall be granted to the said several trustees and their successors for the use of tile said academies, and to the trustees of the Winchester Academy, six thousand acres each of vacant land, to be located on the south side of Green River, including those on the south side of Cumberland reserved by an act of the last session for seminaries, upon the same terms and conditions as lands were granted to other seminaries in this State, by an act of the last session of the general assembly, entitled an 'act for the endowment of certain seminaries of learning, and for other purposes'; Provided, that no entry or survey made in pursuance of this act shall interfere with or include any actual settlement now made, with two hundred acres of land, including the improvement in tile centre thereof. The lands hereby intended to be granted to the said several academies, nor any part of them, shall ever be sold or alienated by the said trustees or their successors; nor shall they ever be leased for a longer period at one time than twenty-one years; and in all leases or other temporary dispositions of the said lands, two thirds of the whole number of the trustees of the said academy shall concur. In fixing the seats for the several academies, which are left to the judgment of the trustees by this act, there shall also be a concurrence of two thirds of all the trustees for said academy.

"The trustees of the said several academies are hereby authorized to raise by lottery, and also by subscription, any sum not exceeding one thousand dollars each, for the purpose of enabling them to erect buildings, to purchase books or the necessary apparatus for an academy, or to enable them to defray the expenses necessary in securing the several donations of land hereby granted to them. It shall be left wholly to the discretion of the said several trustees what subjects shall be taught in the said several academies, whether the English language, writing, arithmetic, mathematics, and geometry only, or the dead and foreign languages and other sciences which are generally taught in other academies or colleges in this commonwealth. If the said trustees, or their successors, do not within ten years from the passage of this act severally establish a public school, consisting of at least twelve scholars, and in which there shall be at least taught the English language, writing, arithmetic, and the common branches of the mathematics, the lands acquired in virtue of this act, by the said trustees so failing, shall revert to this commonwealth.

"A majority of the said trustees shall be sufficient to make a board for the transaction of all ordinary business. They, or a majority of them, shall, from time to time, fill up any vacancies which may happen, and shall in all respects whatever, so far as the cases will apply and is not otherwise in this act directed, be governed by the same rules and regulations as are prescribed by the Bethel Academy.

"SECTION 3- And be it further enacted, That the several county courts for the several counties within this commonwealth, in which seminaries have not been established by this or any former act, shall be and are hereby authorized to have located, surveyed, and patented, within the bounds hereinbefore prescribed, six thousand acres of any waste and unappropriated lands for the use of such schools as may hereafter be established within either of the said counties, under the like rules and regulations as trustees are by this act governed.

"The further time of eighteen months is hereby allowed to the several academies which are granted six thousand acres of land each, by an act of the general assembly passed on the tenth day of February last, and who have not obtained their lands, to survey and register the same; Provided always, that the several grants and appropriations of land herein made shall be subject to any future order of the legislature; but no act shall be passed to impair any contract which may be made by the trustees of any of the seminaries established by this act by virtue of the powers herein delegated to them; And Provided always, that the donations herein made shall forever continue appropriated to the use of seminaries.

"This act shall commence and be in force from and after the passage thereof."

© 1998, Dennis Boyer

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