SEC. 43. Be it further enacted, That said Board of Trustees shall have power to make such by-laws, rules and regulations relative to said Seminary and the government thereof, as they may deem proper and right, provided they are not inconsistent with the Constitution and laws of the State of Tennessee.

SEC. 44. Be it further enacted, That the Officers, Professors, or Teachers, of said Institution shall, with the advice and consent of said Trustees, have power to confer on any student, or proper person or persons, any degree or honors that are known or conferred in any like institution in this State.

Huntingdon Masonic Female In

SEO. 45. Be it further enacted, That John Norman, B. F. Harrison, G. H. Prince, G. W. Holladay, Joseph Hammerly, Calvin Hamilton, Dr. A. Hawkins, J. W. Grizzard, B. J. Brown, and their successors in office, be and they are hereby incorporated under the name and style of stitute. the "Trustees of the Huntingdon Masonic Female Institute," and by that name may sue and be sued, plead and be impleaded, and have all the rights, powers and privileges, that are given to the Mary Sharpe College, at Winchester, Tennessee.

SEC. 46. Be it further enacted, That this act take ef fect from and after its passage.

DANIEL S. DONELSON,

Speaker of the House of Representatives.

JOHN C. BURCH,

Passed December 21, 1857.

Speaker of the Senate.

CHAPTER 28.

AN ACT to legalize the marriage between Frederick R. Smith and Martha P. Dinkins, and to legalize their children, and for other purposes.

WHEREAS, A marriage was solemnized on the 9th day of October, 1852, in Lauderdale county, in the State of Tennessee, between Frederick R. Smith and Martha P. Payne, as appears of record in said county, when in truth and in fact the said Martha P. was named "Dinkins" and not Payne. Now therefore,

Be it enacted by the General Assembly of the State of Tennessee, That the marriage solemnized between the said Frederick R. Smith and Martha P. Dinkins, on the 9th day of October, 1852, be legalized, and made valid, and that the children of the said Frederick R. and Martha

P. Smith be legitimatized and vested with all the rights and privileges that they would have been, had said marriage been valid originally.

Be it further enacted, That this act shall take effect from and after its passage.

DANIEL S. DONELSON,

Speaker of the House of Representatives. JOHN C. BURCH,

Passed December 21, 1857.

Speaker of the Senate.

CHAPTER 29.

AN ACT to establish the "University of the South."

WHEREAS, Sundry citizens of the States of Tennessee, Arkansas, Georgia, North Carolina, South Carolina, Alabama, Louisiana, Texas, Mississippi, and Florida, contemplate establishing a University, to be located in the State of Tennessee, at a place which shall be conveniently accessible to the citizens of said State, which University is to be under the control and government of the Protestant Episcopal Church, subject to such rules, regulations, and restrictions as are hereinafter set forth: and whereas, the security of society, the supremacy of the law, the preservation of liberty, regulated by law, the perpetuity of our institutions and of the Union-all are, at least, dependent upon the prevalence of intelligence of the people and sound moral sense among them: and whereas, it is the interest of the State, and indeed of every State, to encourage the erection of Seminaries of learning, therefore,

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That James H. Otey, David Pise, Francis B. Fogg, John Armfield, Thomas Atkinson, M. Ashby Curtis, Thomas Ruffin, Thomas D. Warren, Thomas F. Davis, Alexander Gregg, J. L. Manning, Wm. Allston Pringle, W. H. Cobbs, Henry C. Lay, C. T. Pollard, L. H. Anderson, Wm. M. Green, W. W. Lord, Geo. S. Serger, Eugene Hinton, Leonidas Polk, W. T. Leacock, Geo. S. Guion, Wm. M. Mercer, J. W. Dunn, E. B. Nichols, J. E. Nicholson, Francis H. Rutledge, G. E. Fairbanks, Whitfield J. J. Scott, and such other person or persons as may hereafter be appointed Trustees of said University, in pursuance of the Constitution and By-Laws thereof, be and they and their successors are hereby constituted a body corporate and politic, in fact and in name, by the name of

"The University of the South," and by that name shall have perpetual succession and a common seal, and shall be capable in law of suing and being sued, and shall have power to purchase, receive by donation or otherwise, and to possess, hold, alien and dispose of property of all kinds and descriptions, to be held in fee simple or otherwise, subject, nevertheless, to such restrictions and conditions as are contained in this charter.

SEC. 2. Be it further enacted, That said Trustees shall have power to assemble at such time and place as may be designated by the President of the Board, for the purpose of organizing said Institution, and of forming a Constitution for the government of said University. A majority of said Trustees shall constitute a quorum for such purpose. Said Trustees shall have power in and by said Constitution to designate how, by whom, and in what way said University shall be governed; and said Constitution when ad pted, may be altered or amended in such manner as may be provided for in said Constitution. Said Board shall keep a minute of their proceedings.

SEC. 3. Be it further enacted, That said Board shall meet at least once a year at the University, when the buildings are erected-but they may be called together, in extra session, in such manner as may be provided for in said Constitution, or by the By-Laws of said Institution.

SEC. 4. Be it further enacted, That said Trustees shall have power to appoint Committees (all the members of which shall not be required to belong to the Board of Trustees) to perform duties which may be delegated to them by said Trustees.

SEC. 5. Be it further enacted, That all subscriptions, donations, devises, or bequests, made upon the faith of the terms, conditions or stipulations set forth in the Constitution of said University, shall be governed thereby, and the subsequent change or alteration of said Constitution, shall not have the effect to alter the terms, conditions, or stipulations of said subscription, donation, bequest or devise.

SEC. 6. Be it further enacted, That said Trustees shall appoint a President, and shall have power, from time to time, to make by-laws and ordinances for the government of said University, not inconsistent with the Constitution thereof; and for the appointment of Professors and for other officers; and for regulating the duties and conduct of the officers, Professors and students, fixing the salaries of officers, &c., &c.; Provided, the same be not inconsistent with the Constitution and laws of this State or of the United States.

SEC. 7. Be it further enacted, That upon the death, resignation, or removal of any of said Trustees, the vacancy occasioned thereby shall be supplied in the mode provided by the Constitution.

SEC. 8. Be it further enacted, That said University shall have full power to establish Literary and Scientific Departments, and those of Law, Theology, and Medical Science, and such other departments as said University may see proper, and to confer upon students, or any other person, the Degrees of Bachelor of Arts, Master of Arts, or any degree known and used in any College or University; and shall enjoy all other powers and immunities incident to corporations of this description.

SEC. 9. Be it further enacted, That said University shall be established and located at Sewanee, on the Cumberland Mountain, in or near Franklin county, or at any other point that the Board of Trustees may hereafter designate in the State of Tennessee; the site to be selected by said Trustees, or by such person or persons as they may appoint, which site shall continue until changed by the Trustees according to the provisions of the Constitution.

SEC. 10. Be it further enacted, That said University may hold and possess as much land as may be necessary for the building, and to such an extent as may be sufficient to protect said Institution and the students thereof, from intrusion of evil-minded persons who may settle near said Institution. Said land, however, not to exceed ten thousand acres, one thousand acres of which, including buildings and other effects and property of said Corporation, shall be exempt from taxation, so long as said land belongs to said University.

SEC. 11. Be it further enacted, That no misnomer or misdescription of said Corporation in any deed, will, gift, grant, devise, or other instrument of contract or conveyance, shall abate or defeat the same, but that the same shall take effect in like manner as if the said Corporation were regularly named; Provided, it be sufficiently described to ascertain the intention of the parties.

SEC. 12. Be it further enacted, That this act be, and the same is hereby declared to be a public act.

SEC. 13. Be it further enacted, That this act take effect from and after its passage.

DANIEL S. DONELSON,

Speaker of the House of Representatives. JOHN C. BURCH,

Speaker of the Senate.

Passed January 6, 1858.

CHAPTER 30.

AN ACT for the relief of Philip M. Kizer.

WHEREAS, At the September Term, 1857, of the Supreme Court of the State of Tennessee, sitting at Knoxville, a judgment was rendered against Philip M. Kizer, on a scire facias, as the security of D. M. Lindsay, for his appearance at the Circuit Court of Johnson county, and since the rendition of said judgment the said Kizer has arrested and surrendered the said Lindsay to the Circuit Court of said county, where the said Lindsay has been tried for the offence for which he was presented, therefore;

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That said Philip M. Kizer be and he is hereby released from the said judgment of the two hundred and fifty dollars, on his paying all costs in the said suit on the scire facias aforesaid.

SEC. 2. Be it further enacted, That if the said amount of two hundred and fifty dollars has been paid by the said Philip M. Kizer, it shall be the duty of the officer receiving said amount to refund the same, to the said Philip M. Kizer.

DANIEL S. DONELSON,

Speaker of the House of Representatives. JOHN C. BURCH,

Passed January 6, 1858.

Speaker of the Senate.

CHAPTER 31.

AN ACT to incorporate the Memphis and New Orleans Telegraph Company.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That H. A. Montgomery, Thomas H. Allen, R. C. Brinkley, and their associates, are hereby created a corporation and body politic, for the purpose of erecting and maintaining a Line of Telegraph from Memphis, Tennessee, via Grenada and Jackson, Mississippi, to New Orleans in the State of Louisiana, and of transmitting intelligence by means thereof, under the name and style of the "Memphis and New Orleans Telegraph Company."