In 1832, the academy trustees selected the site for the college and entered into a contract for the erection of the college building. Construction of that building (now called Old College) began in late 1832 or in 1833. In January 1833 the academy trustees petitioned the Delaware legislature to incorporate the college and on February 5, 1833, the legislature incorporated Newark College, which was charged with instruction in languages, arts and sciences, and granted the power to confer degrees. All of the academy trustees became trustees of the college, and the college absorbed the academy, with Newark Academy becoming the preparatory department of Newark College.