tunately, I believe them to be the two best townships of land in the whole purchase. They are all, or nearly all, taken up and settled, some in large and some in small tracts. The settlement commenced two years ago next April. Among the settlers are a number of New England people, men of considerable information, abilities, and industry. The number of militia is about one hundred. They already raise their own provisions, have a corn-mill, etc. They none of them expect to have the lands more than five years rent free from the time of settlement, and the lowest permanent rent at which those lands can be put, on an average, I conceive, can not be less than twelve dollars per hundred acres, which gives $5,529.60 annual income for the support of the University. And as to the school and ministry lands, I suppose the whole quantity to be 62,700 acres, some of which I suppose to be extremely valuable, as those at Marietta and in some other townships; others, I know, are very poor. But after five years cultivation. rent free, I will suppose them to rent at six dollars the hundred acres, and then the amount will be 3,762 dollars-say one-half for schools and one-half for the ministry. Although these estimates are below what I expect these lands will be ultimately rented for, yet even such an income, well applied to the different objects for which it is intended, will be of infinite advantage to these settlements; and some means ought to be adopted as soon as possible for bringing all these lands into a state of improvement.

Suppose the law to be enacted should, among others, contain the following provisions, viz: That A., B., C., D., E., F., etc., be a body corporate, vested with power to lease all the lands within the Ohio Company's Purchase given or appropaiated by Congress or the Ohio Company for the support of a University, for the support of religion and for schools, either on a limited or perpetual lease, and for such rent, to be paid annually, as they shall judge reasonable, and for the best interests of the several establishments for the support of which the several grants have been made.

Provided, that the University lands shall not be leased for less, on an average, than - dollars per hundred acres; the ministry lands at Marietta, on an average, at dollars per

acre; nor any bottom lands on the Ohio or Hockhocking, belonging either to the school or ministry, for less than dollars per acre; and no other bottom lands belonging to the school or ministry for less than per acre; and for any other school or ministry lands for not less than per acre.

The said A., B., etc., to be further empowered to erect buildings, appoint the officers, etc., necessary for the complete establishment of the University, with the usual powers of such an institution. And with respect to the ministerial rents, they shall be so disposed of as that it shall be equally distributed or divided among the incumbent ministers within the Purchase, in part payment of the annual salaries contracted. for by the people; saving that each township having a minister shall have the exclusive right to the income of the ministry lands within their townships respectively before the dividend aforesaid is made, and the dividend to be made on the remainder.

The money arising from the rent of school lands to be disposed of in the same manner.

These, sir, are broken hints which have just come into my head. I don't know but on reflection I should reject them all. I hope you will consider the subject and give me your opinion, or rather, a systemized plan applied to our circumstances and the objects we have in view.

In a letter written July 15, 1799, Dr. Cutler replies:

I have received your kind favor of Feb. 3d, and should have written before this time had I not waited for more leisure to digest the subject you propose respecting the charter. My time has been unusually occupied, which rendered it impossible to pay that attention to the matter which the importance of it requires. My greatest difficulty is, so to adjust the powers with their proper checks and balances as best to promote the design of the institution in future time, as well as the present. It is necessary to look forward to a time when the Western Territory will be in a very different state from the present. I have attempted to throw my ideas on paper, and fully intended to have forwarded them by this opportunity; I have not been able to mature my mind sufficiently to satisfy myself, and am sure I should not be able to satisfy others. I

but

must confess, what has been passing in the world these last ten years has rendered me less democratic, and convinced me that, without energy, no government can promote the true interests of any description of society.

A government adapted to youth ought to be different from that of mature age, or advanced life. My present thoughts are, that the government ought to consist of three branches; that in each, or in the three connected, there ought to be a balance from the civil and ecclesiastical departments; and I entertain no doubt, circumstanced as the school and ministerial lots are, it will be best that the government of the University should have some control over them. There is no way in which all the lots could be rendered so soon and so effectually productive, and the income more faithfully applied to the purposes for which the donation was designed; but so to form this controlling power as to insure to the people all the advantages they have a right to expect, free from abuse, appears to me a nice and delicate point.

So far as I have had opportunity, I have consulted the charters of public seminaries in Europe and America. Those in our own country are generally the most modern, and the best adapted to the purposes intended; but none appear to me to accord with a plan so liberal and extensive as I think ought to be the foundation of the constitution of this University. The constitution ought to be composed of mere principles, and those principles as clear and few as may be. But I have only a few moments to write. As soon as possible, will attend further to the matter, and forward the little I shall be able to do for your inspection. I thank you for the hints in your letter, and think them important. My son writes me the Assembly is to meet in September. This session will probably be too busy a one to attend to this subject, if you were ready for your application; but I hope to write you seasonably, if you should think proper to do it.

General Putnam, writing again to Dr. Cutler, August 7, 1799, referring to his letter of February 3d, says:

This request I must again renew, and by a systemized plan, I mean a Bill in form of an Act, or Law incorporating A. B.,

C. D., etc., and defining their powers, accompanied by such remarks as you may think proper to make.

We are totally destitute of any copy of an incorporating act, or charter of a College, or even an Academy; but this is not my principal reason for applying to you. It is a subject I know you have long thought of, therefore I request of you not only the form, but the substance. I want you to make one out in detail, or procure it done for us, and forward it by mail to me as soon as it is ready.

In response Dr. Cutler prepared and forwarded to General Putnam the following:

CHARTER OF UNIVERSITY.

Institutions for the liberal education of Youth being essential to the progress of Arts and Sciences, important to morals and religion, friendly to the peace, order, and prosperity of Society, and honorable to the Government which patronizes them; and Congress having made grants of lands for the encouragement and support of a University, for schools, and for the purposes of Religion, within the purchase made by the Ohio Company of Associates; Therefore:

SECTION I. Be it enacted by the General Assembly (here insert the style of the Assembly), That there be a University instituted and established, and forever to remain, within the limits of the tract of land purchased by the said Ohio Company of Associates, by the name of the American University, for the instruction of youth in all the various branches of the liberal Arts and Sciences, for the promotion of good educa tion, piety, religion, and morality, and for conferring all the degrees and literary honors granted in similar institutions.

SEC. II. And be it further enacted, That there shall be in the said University, and forever to remain, a body politic by the name and style of the Board of Trustees of the American University, which Board of Trustees shall consist of the President and Vice-President of the University, er officio, and of eleven Trustees, all of whom shall reside, while in office, within the limits of the purchase made by the said Ohio Company of Associates; to be appointed as hereafter provided. SEC. III. And be it further enacted, That the said Board of

Trustees shall have power and authority to elect a President, who shall preside in the University, and also a Vice-President, who shall preside in the absence of the President; and likewise to appoint Professors, Tutors, Instructors, and all such officers and servants in the University as they shall deem necessary for carrying into effect the design of this Institution; and shall have authority, from time to time, to determine and establish the name, number, and duties of all the officers and servants to be employed in the University, except wherein provision is otherwise made by their act; and may empower the President, or some other member of the Board, to administer such oaths as they shall appoint and determine for the well ordering and good government of the University.

SEC. IV. And be it further enacted, That the said Board of Trustees shall have power and authority from time to time to enact statutes and rules for the government of the said Board, not incompatible with the Government of the United States, or the state in which the University is founded; and shall have power and authority to suspend, dismiss, and disfranchise the President, Vice-President, or any member of the said Board, who shall, by his conduct, render himself unworthy of the office, station, or place he sustains; and said Board shall have power and authority to suspend, dismiss, disfranchise, and remove from the University, any officer or instructor (except the President and Vice-President), or any resident, student, or servant, whenever the said Board shall deem it expedient for the interest and honor of the University. And whenever the President, Vice-President, or any member of the Board of Trustees, shall be removed by death, resignation, or otherwise, or whenever any member of the Board shall move his place of residence without the limits of the purchase of the Ohio Company of Associates, the said Board shall hold a meeting, and due notice of the design thereof shall be given to each member, for the purpose of supplying such vacancy; and there shall be not less than nine members present at the time of choosing a President, Vice-President, or member of the Board, and the choice shall be made by ballot; and the President shall, at all times, have the right of nominating to the Board, but not of appointing, his successor in office, ex