TWO DECREES inscribed in the Minute Book of Chancery
Court in Nashville, Davidson County, Tennessee, constitute the Charter
of Vanderbilt University. The first decree, entered August 6, 1872,
in Minute Book W, pages 267-268-269, ordered that certain petitioners
be declared a body politic and corporate under the name and style
of "The Central University of the Methodist
Episcopal Church South." The second decree, entered June 16, 1873,
in Minute Book X, pages 309-310, changed the legal name of the corporation
to "The Vanderbilt University."
On the following pages, the text is a word for word transcription
of the handwritten entries in the Minute Books.
TRANSCRIPT
"The Central University of the }
Methodist Episcopal Church }
South" Ex parte }
This matter came on this day to be heard before
the Hon'l Nathaniel Baxter Judge &c. of the Circuit Court of Davidson County, sitting
by interchange with the Honorable Edward H. East, the Chancellor presiding,
but who was incompetent to preside and hear this cause, for the reason
that he was interested herein, and the same was heard upon the petition
of W. C. Johnson, Robert J. Morgan, Smith W. Moore, and Milton Brown
citizens and residents of the State of Tennessee and representatives
of the Memphis Conference of the Methodist Episcopal Church South and
Alexander L. P. Green, Jordan Stokes, David C. Kelley, Edward H. East,
David T. Reynolds and Robert A. Young citizens and residents of Tennessee
and representatives of the Tennessee Conference, and Landon C. Garland
a citizen and resident of Mississippi and Philip Tuggle a citizen and
resident of Tennessee, the two latter representing the North Mississippi
Conference, and James H McFerrin and John M. Steel citizens of the
State of Arkansas, and representatives of the White River Conference
and Christopher D. Oliver and Wm Dickson citizens of the State of Alabama
and representatives of the North Alabama Conference, and Edward Wadsworth
and W. M. Byrd citizens of the State of Alabama and representatives
of the Alabama Conference and Wm. L. C. Hunnicutt and Thomas Christian
citizens of the State of Mississippi and representatives of the Mississippi
Conference and James L. Borden and Wm H. Foster, Citizens of the State
of Louisiana and representatives of the Louisiana Conference, Andrew
Hunter and James L. DeYampert citizens of the State of Arkansas and
representatives of the Louisiana [Little Rock] Conference, and it appearing
to the Court that said persons in their said petition prayed to be
incorporated, under the name and style of "The Central University
of the Methodist Episcopal Church South", the object and plan
of said University having been fully set forth in resolutions passed
by the delegates of said Conference, at a convention of the same held
in the City of Memphis on the 24th, 25th, 26th and 27th of January,
1872, and which resolutions are in words and figures as follows:
"Resolved by the Convention,
1st. That measures be addopted looking to the establishment, as speedily
as practicable of an institution of learning of the highest order and
upon the surest basis where the Youth of the Church and Country may
prosecute theological, literary, Scientific and professional studies
to an extent as great, and in a manner as thorough as their wants demand.
Second. That the institution shall be called
the Central University of the Methodist Episcopal Church South."
Third. That it shall consist at present of five schools or departments,
viz. a Theological school for the training of our young preachers,
who, on application for admission shall present a recommendation from
a quarterly or annual conference, and shall have obtained a standard
ofeducation equal to that required for admission on trial into an annual
conference; and instruction to them shall be free both in the theological
and the literary and scientific departments. Secondly, A Literary and
scientific school. Thirdly, A Normal School. Fourthly, a Law School
Fifthly, a Medical School.
Fourthly. That the sum of One Million of Dollars necessary in order
to realize fully the object desired; and not less than five hundred
Thousand dollars, must be secured as a condition precedent to the opening
of any department of the University.
Fifthly. That the location of the University shall be left to the
decision of the College of Bishops of the Methodist Episcopal Church
South.
Sixthly. That the carrying out of this whole scheme is hereby committed
to the persons (herein named before as petitioners) who shall take
immediate steps for securing a suitable charter of incorporation, and
shall be a Board of Trust with power to solicit and invest funds, appoint
an agent or agents, and to do whatever else is necessary for the execution
of this scheme.
Seventh. That seven of the Board of Trustees at any meeting regularly
called, shall constitute a quorum.
Eighth. That provision be made in the charter for giving a fair representation
in the management of the University to any annual conference hereafter
cooperating with us.
Ninthly. That the Bishops of the Methodist Episcopal
Church South be and are hereby requested to act as a Board of supervision
of the University or any of its departments, and jointly with the
Board of Trust, to elect Officers and professors and prescribe the
course of study and the plan of government."
And it further appearing to the Court that upon
the filing of said petition, the Clerk & Master of this Court caused, by an order
at rules, the same to be advertised, in pursuance of the statute in
such cases made and prescribed, and it further appearing to the Court
that no one has appeared, and made known any objection, to the granting
of the prayers of the petition, and the Court upon inspection of the
designs and objects of said corporation, finds nothing therein contained
to be against public policy or good morals or in conflict with the
constitution and Laws of the State or of the United States, is pleased
to grant the prayer of the same, and doth hereby order adjudge and
decree that the petitioners, be declared a body politic and corporate,
under the name and style of "The Central University of the Methodist
Episcopal Church South" and in that name may sue and be sued,
plead and be impleaded, in the Courts of this State or of the other
States of the Union, or of the United States of America, may have a
common Seal, which may be altered at pleasure--shall have perpetual
succession--may solicit and receive subscriptions, donations, legacies
and devises, may hold real estate & personal property, in such
amounts as the business of the corporation requires, and may receive
the same by contract gift will or devise, and shall hold the same for
the purposes of said in corporation, with all the lawful conditions
imposed by the donor, may appoint such subordinate officers and agents
and the business of the Corporation requires prescribe their duties
and fix their compensation, To make bylaws not inconsistent with the
laws of the land or this charter or the resolutions of the convention
at Memphis as set out herein before--which resolutions are hereby addopted
as a part of this charter--but shall make all bye-laws necessary and
proper to carry out the objects of said resolutions as well as for
the management of its property and the regulation of its affairs and
may also have power to pass all bylaws, necessary to the use of the
powers herein given, or which by law may hereafter be confirmed, and
all said powers rights and privileges, together with such others as
are not herein specially given and referred to, are hereby conferred
upon said corporation, in as full complete and ample manner, as by
the laws of the State, the same can or might be, and said corporation
shall have the power to confer all the degrees of merit and honor usually
conferred by Universities.
It is further decreed that petitions pay the
costs of this proceeding, and that C & M issue to them a certified
copy of this decree.
Nathaniel Baxter
Judge
Central University of Methodist Episcopal}
Church South Ex parte }
This matter came on this
date to be heard before the Chancellor upon the petition heretofore
filed, and publication of the matter thereof having heretofore been
made according to the Statutes in such cases made and provided, the
Court is pleased to Order and decree that the name and style of the
Central University of the Methodist Episcopal Church South a corporation
heretofore chartered under the constitution and laws of this State,
as a University of learning, and with all the powers rights and privileges
of such corporation as is now, given and conferred by the laws of
the State of Tennessee, or may hereafter be given and conferred to
be changed to the Name and Style of "The
Vanderbilt University" by which which name it shall hereafter
be known, and sue and be sued hold and receive property, confer degrees
and do any and all things, which by the present or future laws of Tennessee,
it may be empowered to do. It is further decreed that all the rights
of property powers to contract privileges immunities and franchises,
which heretofore by law under the decree of this Court were conferred
upon the said corporation under the Name and Style of the Central University
of the Methodist Episcopal Church South, and the property or rights
thereof which have heretofore been secured to said Corporation pass
to "The Vanderbilt University and its assigns and successors forever
for the purposes of said Corporation, and that it have power to pass
bylaws resolutions &c not inconsistent with the laws of the land,
and to increase & diminish the number of its trustees and change
the name of its schools and do and perform any and all acts allowable
by law to Corporations of learning. It is further decreed that the
said Vanderbilt University pay the costs of this proceeding for which
a fifa issue.
Ordered that Court adjourn to Monday June 23d 1873.
W. F. Cooper
Chancellor
