■Al 
 
 Ufa 
 
 y 
 
.D 2111 
 
 THE 
 
 ONSTE 
 
 THE UNIVERSITY AT CAMBRIDGE, 
 
 WITH AN 
 
 APPENDIX 
 
 »:•*-»< 
 
 CAMBRIDGE: 
 
 Printed for the University by Billiard % Metcalf. 
 18*2. 
 
 Co-J*^ % 
 
\* 
 
 1 
 
 
CONSTITUTION. 
 
 i. 
 
 TJie act establishing the Overseers of Harvard College. 
 
 At a General Court held at Boston in the year 1642. 
 
 Whereas, through the good hand of God upon 
 us, there is a College fou sided in Cambridge, in the coun- 
 ty of Middlesex, called HARVARD COLLEGE, for 
 the encouragement whereof this Court has given the sum 
 of four hundred pounds, and also the revenue of the fer- 
 ry betwixt Charlestown and Boston, and that the well or- 
 dering and managing of the said College is of great con- 
 cernment, 
 
 It is therefore ordered by this Court, and the author- 
 ity thereof, that the Governor and Deputy Governor 
 for the time being, and all the Magistrates of this juris- 
 diction, together with the teaching Elders of the six next 
 adjoining towns, viz. Cambridge, Watertown, Charles- 
 town, boston, Roxbury, and Dorchester, and the Presi- 
 dent of the said College for the time being, shall, from time 
 to time, have full power and authority to make and estab- 
 lish all such orders, statutes, and constitutions, as they 
 shall see necessary for the instituting, guiding, and fur- 
 thering of the said College, and the several members there- 
 of, from time to time, in piety, morality, and learning : As 
 also to dispose, order, and manage to the use and behoof 
 of the said College, and the members thereof, all gifts, lega- 
 cies, bequeaths, revenues, lands, and donations, as either 
 
4 Constitution of Harvard College. 
 
 have been, are, or shall be conferred, bestowed, 'or any 
 ways shall fall, or come to the said College. 
 
 And whereas it may come to pass, that many of the said 
 Magistrates and said Elders may be absent, or other wise 
 employed about other weighty affairs, when the said Col- 
 lege may need their present help and counsel — It is there- 
 fore ordered, that the greater number of Magistrates and 
 Elders, which shall be present, with the President, shall 
 have the power of the whole. Provided that if any con- 
 stitution, order, or orders, by them made, shall be found 
 hurtful to the said College, or the members thereof, or 
 to the weal-public, then, upon appeal of the party, or par- 
 ties grieved, unto the company of Overseers first men- 
 tioned, they shall repeal the said order, or orders, if they 
 shall see cause, at their next meeting, or stand accounta- 
 ble thereof to the next General Court. 
 
 [Taken from the old colony laws, printed 1675, Title College, p. 29. 
 Vide General Court records, vol. ii. p. 24] 
 
 The Charter of the President and Fellows of Harvard College^ 
 under the seal of the Colony of Massachusetts Bay, and bearing 
 date May 31st A. D. 1650. 
 
 Whereas, through the good hand of God, many well 
 devoted persons have been, and daily are moved, and 
 stirred up, to give and bestow, sundry gilts, legacies, 
 lands, and revenues for the advancement of all good lit- 
 erature, arts, and sciences in Harvard College, in Cam- 
 bridge in the County of Middlesex, and to the mainte- 
 nance of the President and Fellows, and for all accommo- 
 dations of buildings, and all other necessary provisions, 
 that may conduce to the education of the English and 
 Indian youth of this country, in knowledge and godli- 
 ness. 
 
Constitution cf Harvard College. 3 
 
 It is therefore ordered, and enacted by this Court, 
 and the authority thereof, that for the furthering of so 
 good a work and for the purposes aforesaid, from hence- 
 forth that the said College, in Cambridge in Middlesex, 
 in New England, shall be a corporation, consisting of 
 seven persons, to wit, a President, five Fellows, and a 
 Treasurer or Bursar : and that Henry Dunster shall be 
 the first President, Samuel Mather, Samuel Danforth, 
 Masters of Art, Jonathan Mitchell, Comfort Starr, and 
 Samuel Eaton, Bachelors of Art, shall be the five Fel- 
 lows, and Thomas Danforth to be present Treasurer, all 
 of them being inhabitants in the Bay, and shall be the 
 first seven persons of which the said Corporation shall 
 consist : and that the said seven persons, or the greater 
 number of them, procuring the presence of the Over- 
 seers of the College, and by their counsel and consent, 
 shall have power, and are hereby authorised, at any time 
 or times, to elect a new President, Fellows or Treasurer, 
 so oft, and from time to time, as any of the said person 
 or persons shall die, or be removed, which said President 
 and Fellows, for the time being, shall forever hereafter, 
 in name and fact, be one body politic and corporate in 
 law, to all intents and purposes ; and shall have perpetu- 
 al succession ; and shall be called by the name of Presi- 
 dent and Fellows of Harvard College, and shall, from 
 time to time, be eligible as aforesaid. And by that 
 name they, and their successors, shall and may purchase 
 and acquire to themselves, or take and receive upon free- 
 gift and donation, any lands, tenements, or hereditaments, 
 within this jurisdiction of the Massachusetts, not exceed- 
 ing the value of five hundred pounds per annum, and 
 any goods and sums of money whatsoever, to the use 
 and behoof of the said President, Fellows, and scholars of 
 the said College : and also may sue and plead, or be su- 
 
£ Constitution of Harvard College, 
 
 ed and impleaded by the name aforesaid, in all Courts 
 and places of judicature, within the jurisdiction afore- 
 said. 
 
 And that the said President, with any three of the 
 Fellows, shall have power, and are hereby authorised, 
 when thty shall think fit, to make and appoint a com- 
 mon seal, for the use of the said Coq:>oration. And the 
 President and Fellows, or the major part of them, from 
 time to time, may meet and choose such officers and ser- 
 vants for the College, and make such allowance to them, 
 and them also to remove, and after death, or removal, to 
 choose such others, and to make, from time to time, such 
 orders and by-laws, for the better ordering, and carry- 
 ing on the work of the College, as they shall think fit. 
 Provided, the said orders be allowed by the Overseers. 
 And also, that the President and Fellows, or major part 
 of them with the Treasurer, shall have power to make 
 conclusive bargains for lands and tenements, to be pur- 
 chased by the said Corporation, for valuable considera- 
 tions. 
 
 And for the better ordering of the government of the 
 said College and Corporation, Be it enacted by the au- 
 thority aforesaid, that the President, and three more of 
 the Fellows, shall and may, from time to time, upon due 
 warning or notice given by the President to the rest, hold 
 a meeting, for the debating and concluding of affairs con- 
 cerning the profits and revenues of any lands and dispos- 
 ing oi their goods, (provided that all the said disposings 
 be according to the will of the donors : ) and for direc- 
 tion in all emergent occasions ; execution of all orders 
 and by-laws ; and for the procuring of a general meet- 
 ing of all the Overseers and Society, in great and diffi- 
 cult cases ; and in cases of non-agreement ; in all which 
 cases aforesaid, the conclusion shall be made by the ma- 
 
Constitution of Harvard College, $ 
 
 jor part, the said President having a casting voice, the 
 Overseers consenting thereunto. And that all the afore- 
 said transactions shall tend to, and for the use and be- 
 hoof of the President, Fellows, scholars and officers of 
 the said College, and for all accommodations of build- 
 ings, books, and all other necessary provisions, and fur- 
 nitures, as may be for the advancement and education of 
 youth, in all manner of good literature, arts, and scien- 
 ces. And further be it ordered by this Court, and the 
 authority thereof, that all the lands, tenements, or here- 
 ditaments, houses, or revenues, within this jurisdiction, 
 to the aforesaid President or College appertaining, not 
 exceeding the value of five hundred pounds per annum, 
 shall, from henceforth, be freed from all civil impositions, 
 taxes, and rates ; all goods to the said Corporation, or to 
 any scholars thereof appertaining, shall be exempted front 
 all manner of toll, customs, and excise whatsoever. And 
 that the said President, Fellows, and scholars, together 
 with the servants, aud other necessary officers to the said 
 President, or College appertaining, not exceeding ten, 
 viz. three to the President, and seven to the College be- 
 longing, shall be exempted from all personal civil offices, 
 military exercises, or services, watchings, and wardings : 
 and such of their estates, not exceeding one hundred 
 pounds a man, shall be free from all country taxes, or 
 rates whatsoever, and none others. 
 
 In witness whereof, the Court hath caused the seal of 
 the colon} to be hereunto affixed. Dated the one and 
 thirtieth day of the third month, called May, Anno 1650. 
 
 THOMAS DUDLEY, Gov. 
 
 £ A copy of the original engrossed on parchment, under the signature of 
 Governor Du'lley, with the colony seal appendant^ and m the custody of .. 
 the President of Harvard College.] 
 
8 • Constitution of Harvard College. 
 
 III. 
 
 An Appendix to the College Charter, granted by an act of the Gen- 
 eral Court of the colony, passed Anno 1657. 
 
 At a General Court held at Boston the 14th of Oct. 1657. 
 
 In answer to certain proposals, presented to this Court 
 by the Overseers of Harvard College, as an appendix to 
 the College Charter it is ordered, The Corporation shall 
 have power, from time to time, to make such orders and 
 by-laws, for the better ordering, and carrying on of tiie 
 work of the College, as they shall see cause, without de- 
 pendence upon the consent of the Overseers foregoing. 
 Provided always, that the Corporation shall be responsi- 
 ble unto, and those orders and by laws shall be alterable 
 by the Overseers according to their discretion. 
 
 And when the Corporation shall hold a meeting for 
 agreeing with College servants ; for making of orders 
 and by-laws ; for debating and concluding of affairs, con- 
 cerning the profits and revenues of any lands, or gifts, 
 and the disposing thereof, (provided that all the said dis- 
 posals be according to the will of the donors) ; for man- 
 aging of all emergent occasions, for the procuring of a 
 general meeting of the Overseers and Society, in great 
 and difficult cases, and in cases of non- agreement ; and 
 for all other College affairs to them pertaining— in all 
 these cases the conclusion shall be valid, being made by 
 the major part of the Corporation, the President having 
 a casting vote. Provided always, that in these things al- 
 so, they be responsible to the Overseers, as aforesaid. 
 
 And in case the Corporation shall see cause to call a 
 meeting of the Overseers, or the Overseers shall see good 
 to meet of themselves, it shall be sufficient unto the validi- 
 ty of College acts, that notice be given to the Overseers, 
 in the six towns mentioned in the printed law, Anno 
 
Constitution of Harvard College. Q 
 
 1642, when the rest of the Overseers, by reason of the 
 remoteness of their habitations, cannot conveniently be 
 acquainted therewith. 
 
 IV. 
 
 The articles of the constitution of the Commonwealth of Massachu- 
 setts, confirming, and securing to Harvard College, the perpeU 
 ual possession, and enjoyment of all its estates, rights, powers, 
 and privileges. 
 
 CHAPTER V. 
 
 SECT. 1. 
 
 The University. 
 
 Art. 1. Whereas our wise and pious ancestors, so 
 early as the year one thousand six hundred and thirty 
 six, laid the foundation of Harvard College, in which 
 University, many persons of great eminence have, by the 
 blessing of God, been initiated into those arts and sci- 
 ences, which qualified them for public employments, 
 both in church and state : and whereas the encourage- 
 ment of arts and sciences, and all good literature, tends 
 to the honor of God, the advantage of the Christian reli- 
 gion, and the great benefit of this, and the other United 
 States of America — It is declared, that the President and 
 Fellows of Harvard College in their corporate capacity, 
 and their successors in that capacity, their officers and 
 servants, shall have, hold, use, exercise and enjoy, all the 
 powers, authorities, rights, liberties, privileges, immuni- 
 ties and franchises, which they now have, or are intitled to 
 have, hold, use, exercise and enjoy : And the same are 
 hereby ratified and confirmed unto them, the said Presi- 
 dent and Fellows of Harvard College, and to their suc- 
 cessors, and to their officers and servants, respectively, 
 forever. 
 
 Art. 2. And whereas there, have been, at sundry 
 2 
 
10 Constitution of Harvard College. 
 
 times, by divers persons, gifts, grants, devises of houses, 
 lands, tenements, goods, chattels, legacies, and convey- 
 ances, heretofore made, either to Harvard College in 
 Cambridge in New England, or to the President and 
 Fellows of Harvard College, or to the said College by 
 some other description, under several charters succes- 
 sively : It is declared, that all the said gifts, grants, de- 
 vises, legacies and conveyances, are hereby forever con- 
 firmed unto the President and Fellows of Harvard Col- 
 lege, and to their successors in the capacity aforesaid, 
 according to the true intent and meaning of the donor, 
 or donors, grantor or grantors, devisor or devisors. 
 
 Art. 3. And whereas by an act of the General Court 
 of the colony of Massachusetts Bay, passed in the year 
 one thousand six hundred and forty two, the Governor 
 and Deputy Governor for the time being, and all the mag- 
 istrates of that jurisdiction were, with the President, and 
 a number of the clergy in the said act described, consti- 
 tuted the Overseers of Harvard College : And it being 
 necessary, in this new constitution of government, to as- 
 certain who shall be deemed successors to the said Gov- 
 ernor, Deputy Governor and magistrates ; It is declared, 
 hat the Governor, Lieut. Governor, Council, and Sen- 
 ate of this Commonwealth are, and shall be deemed their 
 successors ; who, with the President of Harvard College 
 for the time being, together with the ministers of the con- 
 gregational churches, in the towns of Cambridge, Water- 
 town, Charlestown, Boston, Roxbury and Dorchester, 
 mentioned in the said act, shall be, and hereby are vested, 
 with all the powers and authority belonging, or in any 
 way appertaining to the Overseers of Harvard College. 
 Provided, 1 that nothing herein shall be construed to pre- 
 vent the legislature of this Commonwealth from making 
 such alterations in the government of the said University, 
 
Constitution of Harvard College. U 
 
 as shall be conducive to its advantage, and the interest 
 of the republic of letters, in as full a manner, as might 
 have been done by the legislature of the late province of 
 Massachusetts Bay. 
 
 V. 
 
 The Statute of the Commonwealth, Anno 1809. ch. 113. entitled an 
 " Act to alter and amend the Constitution of the Board of 0- 
 " ver seers of Harvard College." 
 
 Whereas the members of the Board of Overseers of 
 Harvard College, as heretofore constituted, cannot con. 
 veniently nor constantly attend to the diligent discharge 
 of the duties enjoined on it : 
 
 Sect. 1. Be it therefore enacted by the Senate and 
 House of Representatives in General Court assembled, and 
 by the authority of the same, That the Governor, Lieut. 
 Governor, Counsellors, President of the Senate, and 
 Speaker of the House of Representatives of the Common- 
 wealth, and the President of Harvard College for the 
 time being, with fifteen ministers of congregational 
 churches, and fifteen laymen, all inhabitants within the 
 state, to be elected as is herein after mentioned, shall 
 forever hereafter constitute the Board of Overseers 
 of Harvard College ; they, or the major part of them, 
 present at any legal meeting, to exercise and enjoy 
 all the rights, powers and privileges, and to be sub- 
 ject to all the duties of the existing Board of Overseers 
 of Harvard College : Provided however, that all the min- 
 isters of congregational churches who are members of 
 that Board shall remain members of the Board of Over- 
 seers established by this act, so long as they shall contin- 
 ue ministers respectively of their congregational churches, 
 and no longer. 
 
 Sect. 2. Be it further enacted, That as soon as con- 
 veniently may be, after this act shall be in force, the 
 
12 Constitution of Harvard College. 
 
 present Secretary of the Board of Overseers, or, if that 
 office be vacant, the President, or a major part of the 
 Fellows of Harvard College, shall call a meeting of the 
 Overseers of Harvard College, to be holden at some suit- 
 able time and place, for electing fifteen laymen, inhabi- 
 tants of the state, to be members of the Board of Over- 
 seers ; the said meeting to be notified by publishing the 
 time and place of holding the same, in each of the public 
 newspapers printed in Boston, ten days at the least before 
 the time of holding the same ; and the said elections to 
 be made by ballot, by the major part of the Overseers 
 present : And all persons who then, if this act had not 
 been in force, would have been members of the Board of 
 Overseers of Harvard College, shall have right to meet 
 and vote in the said elections. 
 
 Sect. 3. Be it further enacted, That the Board of ,0- 
 verseers, as constituted by this act, may, at any legal 
 meeting, choose by a majority of votes, a Secretary, 
 when that office shall be vacant, who shall be under oath 
 truly to record all the votes and proceedings of the Board, 
 and faithfully to discharge all the duties of his office; 
 and the said Board may, at any legal meeting, by a ma- 
 jority of votes, determine from time to time, when and in 
 what manner its meetings shall be held, called and notifi- 
 ed; and at any legal meeting of the said Board, the 
 Governor, if present, shall preside ; if not, the Lieutenant 
 Governor, if present, shall preside ; in their absence, the 
 oldest member of the Council present shall preside ; if 
 they also be absent, the President of the Senate shall pre- 
 side, if present ; but in his absence also, the Speaker of 
 the House of Representatives shall preside ; and if neither 
 of them be present, the greater part of the Overseers pres* 
 ent at such meeting shall choose a President pro tempore, 
 ^nd until one of the officers aforesaid shall be present : Pro- 
 
Constitution of Harvard College. 13 
 
 vided nevertheless, that the Secretary of the Overseers 
 shall have power to call a meeting cf the said Board, at 
 such times as he shall be thereto requested by the Presi- 
 dent and Fellows of Harvard College, such meeting to be 
 notified as the said Board shall direct. 
 
 Sect. 4. Be it further enacted, That when any minis- 
 ter of any congregational church, being a member of the 
 said Board, shall cease to have the ministerial relation he 
 now has, or may have had at the time of his election ; or 
 when any member of the elective part of the said Board, 
 shall remove out of the state, the place of such minister 
 or member shall thereupon become vacant. And the 
 said Board may at any legal meeting, by a vote of the 
 greater number present, remove from his place any mem- 
 ber of the elective part of the said Board, who shall neg- 
 lect to attend the meetings thereof, without reasonable ex- 
 cuse, when duly notified, or who by his immoral con- 
 duct shall have rendered himself unworthy of holding his 
 place ; but before any vote shall pass to remove any 
 member, he shall have reasonable notice, and a fit oppor- 
 tunity to be heard in his defence. 
 
 Sect. 5. Be it further enacted, That for establishing 
 a perpetual succession in the elective part of the said 
 Board, whenever a vacancy shall happen therein, by death, 
 resignation, or otherwise, the Overseers may, at a legal 
 meeting, by a majority of the votes present, fill up such 
 vacancy, by electing therefor some suitable person, who 
 shall be an inhabitant of the state. Provided however, 
 that no minister of any congregational church shall be so 
 elected, when there are fifteen ministers of congregation- 
 al churches members of the elective part of the said 
 Poard ; nor shall any layman be so elected, when there 
 are fifteen laymen members of the elective part of the said 
 Board ; but m all cases, when there are fifteen ministers 
 
£4 Constitution of Harvard College. 
 
 and fifteen laymen members of the elective part of the said 
 Board, there shall not be deemed to be any vacancy therein. 
 Sect. 6, Be it further enacted, That this act shall be 
 in force when the Overseers of Harvard College, as here- 
 tofore constituted, and the President and Fellows of Har- 
 vard College shall agree to accept the provisions in this 
 act contained. 
 
 In the House of Representatives, March 5, 1810, 
 This bill, having had three several readings, passed 
 to be enacted 
 
 TIMOTHY BIGELOW, Speaker. 
 
 In Senate, March 6, 1810, 
 
 This bill, having had two several readings, passed 
 to be enacted, 
 
 H. G. OTIS, President. 
 March 6, 1810, 
 Approved, C. GORE. 
 
 At a meeting of the President and Fellows of Harvard College 
 in Boston, March 16, 1810, 
 
 The President, having laid before the President and 
 Fellows of Harvard College an exemplification, under the 
 great seal of the Commonwealth, of a certain act passed 
 by the General Court at the last session thereof, entitled, 
 " An act to alter and amend the constitution of the board 
 " of Overseers of Harvard College," in the sixth section 
 of which act, it is enacted as follows : " This act shall 
 " be in force when the Overseers of Harvard College, as 
 " heretofore constituted, and the President and Fellows 
 " of Harvard College shall agree to accept the provisions 
 " in this act contained ;" and the said act having been 
 read, and the provisions therein duly considered, it is 
 unanimously voted, 
 
 That the President and Fellows of Harvard College 
 
Constitution of Harvard College. 15 
 
 do agree to accept the provisions in the said act contain- 
 ed ; and it is further voted, 
 
 That the President be requested to lay the aforesaid 
 vote before the Honorable and Reverend the Board of O- 
 verseers of Harvard College. 
 
 Attest, SAMUEL WEBBER, President. 
 
 At a meeting of the Overseers of Harvard College, 
 April 12, 1810, the proceeding of the Corporation and 
 act of the legislature above stated being laid before the 
 Board, the Board voted to accept the provisions in said 
 act contained. 
 
 JOHN LATHROP, Secr*y. 
 
APPENDIX. 
 
 The foundation of Harvard college was laid by the general 
 court of the colony of Massachusetts Bay in September 1636— 
 when the " court agreed to give £400 towards a school or college; 
 " the next court to appoint where and what building." In the 
 year 1637, the college was ordered to be erected at Newtown, and 
 twelve gentlemen were appointed to take order for that college. 
 In May 1638, 9, the name of Newtown was changed to Cam- 
 bridge, and in March 1638, it was ordered that the college to be 
 built at Cambridge be called Harvard college. 
 
 In August 1640, "at a meeting of the magistrates and elders 
 66 at Boston, the Rev. Henry Dunster was by them invited to ac- 
 " cept the place of President of the college, which he according- 
 " ly accepted, and to him," by the same persons, " was committed 
 a the care and trust of finishing the college buildings and his own 
 u lodgings, and the custody of the eollege stock and such dona- 
 a tions as might be added to the increase thereof;" so that in fact 
 President Dunster executed the duties of a treasurer of the col- 
 lege, which duties the year before had been assigned by the gen- 
 eral court to the Rev. Mr. Shepherd. As the election of President 
 Dunster was previous to the establishment of the board of over- 
 seers ; the appointing him to that office and to the discharge of 
 those duties, by the magistrates and elders, seems to have been 
 without any legal authority. 
 
 In the constitution of the board of overseers, no authority was 
 given to them to appoint a treasurer of the college ; but they 
 were empowered to " dispose, order, and manage all gifts, lega- 
 " eies, bequests, revenues, lands, and donations, which had been 
 " or afterwards should be conferred, bestowed, or any way should 
 " fall or come to the said college." In the charter of the corpo- 
 ration, or President and Fellows, express provision is made for a 
 treasurer of the college. But by this charter no acts of the cor- 
 
APPENDIX. 
 
 17 
 
 poration were talid until consented to by the overseers. The in- 
 conveniences resulting to the college from a corporation with 
 powers thus limited were so great, that the President and Fellowi 
 do not appear to have exercised their corporate powers, nor the 
 treasurer to have entered on his office*, until after the appendix to 
 the college charter granted in the year 1657. Previous to the 
 granting of this appendix, President Dunster put into the hands 
 of the overseers his resignation, which was addressed to the 
 general court of the colony of Massachusetts Bay — and of which 
 a copy is here inserted. 
 
 4i The President's resignation exhibited to the General Court 
 
 " held at Boston, June 10, 1654. 
 
 u To the worshipful and honored Richard Bellingham, Esq. 
 
 44 Governor of the Massachusetts Colony, with the rest of the 
 
 "honored Assistants and Deputies in General Court at Bos- 
 
 44 ton now assembled. 
 a Worshipful and honored Gentlemen and faithful Trustees of 
 
 44 your Colony, 
 
 " Whereas now at last I understand that the call or invita- 
 ft tion I had unto my present business in the College, together with 
 tf4 the promises, encouragements, and allurements thereto on Aug. 
 " 27, 1640, by about ten Gentlemen, whom I then understood to 
 a he Magistrates with Mr. Dudley, then Governor, and about 
 
 * sixteen Ministers or Elders, whom I also then took to be and 
 44 still from my heart do think to continue the persons that seri- 
 
 * ously and cordially consult for the welfare of the colony, and 
 ft that especially in the liberal and learned education of the 
 44 youth of the country $ yet seeing that now I fully understand 
 " that the said persons had no authority to do any such act or acts 
 44 as to give such a call, or to promise any such encouragements 
 44 or allurements ; and besides, seeing there be such laws, or- 
 " ders or injunctions in part already imposed on the place as be 
 ft destructive thereto, and that our former laws and orders, by 
 <4 which we have managed our place, be declared illegal and null, 
 44 so that all possible means of managing our trust to the best end 
 44 is so either made void, interfering and entangled, or at least 
 64 questionable and offensive, that whatsoever we do is to myself 
 44 and the Fellows* unwarrantable and not secure, and with some 
 
 * From the commencement of the college and for more than half a 
 Century the tutors, who with the president conducted the instruction and 
 
18 APPENDIX. 
 
 « principles tending to dissolution. To mention no further 
 " grounds. 
 
 " Therefore I here resign up the place wherein hitherto I have 
 " laboured with all my heart, (blessed be the Lord who gave it) 
 " serving you and yours. And henceforth (that you in the interim 
 " may be provided) I shall be willing to do the best 1 can for some 
 " few weeks or months to continue the work, acting according to 
 " the orders prescribed to us ; if the society in the interim fall 
 " not to pieces in our hands ; and what advice for the present or 
 " for the future I can give for the public good, in this behalf, 
 " with all readiness of mind I shall do it, and daily by the grace 
 " of our Lord Jesus Christ, pray the Lord to help and counsel us 
 " all, in whom I rest. 
 
 " Yours faithfully to serve, 
 
 « HENRY DUNSTER." 
 
 From this resignation of President Dunster it appears that he 
 was satisfied, that he was originally introduced to the office by 
 persons, not duly authorised; and it also appears that in his view 
 the limitation of the powers in the charter of incorporation would 
 defeat the object of the charter, and prove destructive to the col- 
 lege. 
 
 The resignation of the president being by the overseers pre^ 
 sented to the court then in session, they authorised the overseers 
 to- accept it ; and ordered that the said board of overseers should 
 have the care and trust of the college stock. In this year the 
 court also ordered, that " Mr. Whiting and Mr. Cobbet, pastors 
 " of Dedham and Lynn, and Mr. Norton, an unsettled teacher in 
 " Boston, should be overseers, and join with the rest of the over- 
 " seers in the work of the college." The order respecting the 
 college property seems to have been required by the circumstances 
 then existing; the president, to whom this stock had been entrust- 
 ed was out of office, and the President and Fellows of the corpo- 
 ration not having exercised the powers contained in their charter 
 of incorporation, there was no treasurer of the college. 
 
 Such was the difficulty attending the attempt to execute pow- 
 ers so restrained as those in the charter of 1650 — that in October 
 1657, upon the application of the overseers, the appendix to the 
 
 immediate government, were called " Fellows of the college." After the 
 establishment of the corporation, there were " Fellows of the House or 
 college" and M resident Fellows," and " Fellows of the corporation." This 
 name is now and has been for more than sixty years confined to the mem- 
 bers of the corporation. 
 
APPENDIX. 19 
 
 college charter was established, by which the orders and by-laws 
 of the President and Fellows had immediate force and effect; 
 they being responsible for the same to the board of overseers. 
 
 Afterwards the general court of the colony of Massachusetts 
 Bay appear to have intended a new college charter with much 
 larger powers, including a measure of civil jurisdiction; and pass- 
 ed the ordinance of 1672 — a copy of which here follows. 
 
 " At the second session of the General Court for elections held at 
 Boston, 8th of October, 1672, on their adjournment. 
 " Whereas by the good hand of God, there has been erected 
 and continued a College in Cambridge in the county of Middle- 
 sex, called by the name of Harvard College, and that by an In- 
 strument or Charter, dated the 31st of May in the year 1650, the 
 President and Fellows thereof were established to be one body 
 corporate by the authority of this Court : And whereas several 
 gifts and donations have been made, and are still making by ma- 
 ny well devoted persons, inhabitants of this country, as also stran- 
 gers, for the maintenance of the Governors and the government 
 thereof, and for all the accommodations of the Scholars thereof, 
 in books, buildings, lectures, scholarships, and all other necessary 
 and fitting provisions, that may conduce to the education of Eng- 
 lish and Indian youth. Now for the perpetuation and further 
 advancement of so good a work, and for the better encourage- 
 ment of all persons therein concerned, or to be concerned, it is 
 ordered and enaeted'by this Court and the authority thereof, that 
 Leonard Hoare, Doctor in Physic, be the present President of 
 said Harvard College, Mr. Samuel Danforth, Fellow of the 
 said College, Mr. Urian Oakes, Pastor of the Church of 
 Cambridge, Mr. Thomas Shepherd, teacher of the Church of 
 Charlestown, Mr. Joseph Brown and Mr. John Richardson, 
 Masters of Art, be the Fellows, and Mr. John Richards the 
 Treasurer of the said College and Corporation for the time be- 
 ing; and that the President, Fellows, and Treasurer of the said 
 College, or the Fellows alone, when there is no President estab- 
 lished, and their successors from time to time be the immediate 
 Governors thereof, and shall in name and fact forever hereafter 
 he one body politic and corporate in law, to all intents and pur- 
 poses, and shall have perpetual succession, having power and 
 authority by these presents, (procuring a meetiug of the Over- 
 seers, and by their council and consent) to elect successors into 
 the places of any one or more of them which shall be by death or 
 
2% APPENDIX. 
 
 removal made vaeant : — Be it also hereby authorised and enact- 
 ed, that the said Corporation and their successors shall have the 
 power of constituting, and again at their pleasure removing all 
 inferior officers to the said Society appertaining — and all the 
 next and immediate government of every member of the said So- 
 ciety according to such orders and laws as are or shall be estab- 
 lished by the said Corporation ; the Overseers of the said Col- 
 lege allowing or not contradicting the said laws, upon notice of 
 them given to them at their next meeting. — -And also the said 
 Corporation and their successors may purchase and acquire to 
 themselves, or take and receive upon free gift any lands, tene- 
 ments, hereditaments, annuities, services, goods, monies, or oth- 
 er emoluments whatsoever, or from whomsoever, and (observ- 
 ing strictly the will of the donors) dispose of the same to the use 
 and behoof of the said College or any members thereof; and the 
 President may warn a general meeting of the said Corporation 
 for debating any of the aftairs aforesaid. — In all which cases the 
 conclusion shall be made by the major part present, the President 
 having a casting voice. And that the said Corporation with 
 their distinct Treasurer (if any such be chosen) by the name of 
 the President, Fellows and Treasurer of Harvard College, may 
 sue and plead, or be sued or impleaded in all Courts or places of 
 judicature within this jurisdiction of the Massachusetts Colony, 
 to all intents and purposes in law and with effect, as may any 
 private person or body incorporate; only the estate to the Corpo- 
 ration belonging, and not that which belongs proper to any mem- 
 ber of the said Corporation, being liable to such impleadments : 
 also that the said Corporation or any three of them, the Presi- 
 dent being one, in all crimes by the laws of this country punish- 
 able by one magistrate, shall have the full power of sconsing, fin- 
 ing, or otherwise correcting, all inferior officers or members to 
 the said Society belonging, as the laws of the country provide in 
 such cases, or the laws of the College not repugnant unto them: 
 and for that end auy of the said Corporation shall, and hereby 
 have power personally witi such aid of the Society as they shall 
 think meet, taking the constable along with them, to enter into 
 any houses licensed for public entertainment, where they shall be 
 informed, or may be suspicious of any enormities to be plotting or 
 acting by any members of their Society ; and all constables and 
 all other inferior civil officers in that place are hereby authoris- 
 ed and commanded to be readily aiding and assisting to them or 
 
APPENDIX. 31 
 
 any of them in the premises. Neither shall any person or per- 
 sons legally expelled the College, abide above ten days in the 
 township of Cambridge, unless their parents live in the said town- 
 ship. And be it also ordered and enacted by this Court and the 
 authority thereof — that all the lands, tenements, hereditaments or 
 annuities within this jurisdiction, to the said Corporation apper- 
 taining, not exceeding the value of live hundred pounds per an- 
 num, shall be henceforth freed from all ordinary civil imposi- 
 tions, taxes, and rates, and all goods to the said Corporation, or 
 to any scholars thereof appertaining, shall be exempted from all 
 manner of toll, customs and excise whatsoever, except in cases of 
 war, or extraordinary exigencies of the country. And moreover 
 that the said President, Fellows and scholars, together with their 
 menial servants, and other necessary officers, (not exceeding the 
 number of ten) shall be utterly exempted from all personal and 
 civil offices, military exercises, watchings and wardings, or the 
 like public services: And the personal estates of the said Corpo- 
 ration and their officers (not exceeding one hundred pounds a 
 man) shall be also freed from the like country taxes forever : All 
 and every of which premises we do ordain and enact to be fully 
 established for law, any law, grant or usage to the contrary in 
 any wise notwithstanding." 
 
 But there is no evidence that the President and Fellows ever 
 accepted this charter, or acted under it. They never assumed 
 the name there designated of President, Fellows, and Treasurer 
 of Harvard College, but acted under the name by which they 
 were originally incorporated. 
 
 Thus stood the government of Harvard college as established 
 by law until the colony charter was vacated in the year 1685. 
 From this time to the granting of the provincial charter of Wil- 
 liam and Mary in the year 1691, no successful attempts were 
 made to take away the property of the college or defeat its char- 
 tered rights, and it continued chiefly under the former corpora- 
 tion. The title of President of the college was changed to that 
 of Rector, by Mr. Dudley, the president of the colony under king 
 James II. The president of the colony, either with or without 
 his council, sometimes interfered in the government of the college, 
 probably claiming to be successors to the governor, deputy gov- 
 ernor, and magistrates of the old colony of Massachusetts Bay. 
 
 The provincial charter of 1691 secured to the college its prop- 
 erty, as is shown by the following extracts, 
 
 
22 APPENDIX. 
 
 Extracts from the charter granted to the province of Massachu* 
 setts Bay, by King William and (\iieen Mary, bearing date the 
 seventh of October, in the third year of tlieir reign, Jiano 1691. 
 
 a Provided nevertheless, and we do for us, our heirs and suc- 
 cessors, grant and ordain, that all and every such lands, tene- 
 ments, hereditaments, and all other estates, which any person or 
 persons, bodies politic or corporate, towns, villages, colleges, or 
 schools, do hold and enjoy, or ought to hold and enjoy, within 
 Hie bounds aforesaid, by, or under any graut or estate duly made, 
 or granted by any general court formerly held, or by virtue of the 
 letters patent herein before recited, or by any other lawful right 
 or title whatsoever shall be, by such person and persons, bodies 
 politic and corporate, towns, villages, colleges or schools, their 
 respective heirs, successors and assigns, forever hereafter held 
 and enjoyed, according to the intent and purport of such respec- 
 tive grant. 
 
 — " And we do further, for us, our heirs, and successors, give 
 and grant to the said governor, and the great and general court 
 of our said province or territory, or assembly, for the time being, 
 full power and authority, from time to time, to make, ordain and 
 establish all manner of wholesome and reasonable orders, laws, 
 statutes, and ordinances, directions and instructions, either with 
 penalties or without, (so as the same be not repugnant or contra- 
 ry to the laws of this our realm of England) as they shall judge 
 to be for the good and welfare of our said province or territory, 
 and for the government and ordering thereof, and of the people 
 inhabiting, or who shall inhahit the same ; and for the necessary 
 support and defence of the government thereof." 
 
 After the grant of the provincial charter, the friends of the 
 college, desiring additional powers and privileges for the institu- 
 tion, and apprehensive of danger to it from the interference of the 
 governor appointed by the king, made several attempts to obtain 
 a new charter for the college. It is stated that three several acts 
 of the legislature passed for that purpose, in which the board of 
 overseers was omitted, and as a substitution therefor the number 
 of the corporation was enlarged. But all these attempts proved 
 abortive by the disapprobation of the king in council, grounded up- 
 on the proposed charter's not providing for a visitation of the king 
 hy his governor. To remove this objection, in the act sent over in 
 
APPENDIX. 
 
 1697, passed under the administration of lieut. governor Stougli- 
 ton, and in another said to be made in 1700, the governor and 
 council were made visitors, but this was not satisfactory. 
 
 After the failure of these attempts, the friends of the college 
 found it necessary to proceed pursuant to the powers, which had 
 been exercised under the colony of Massachusetts Bay ; and upon 
 the election of President Leverett,a declaration of the provincial 
 legislature was obtained, as follows. 
 
 Extract from a resolve of the Provinical General Court. 
 
 Anno Regni Annae Reginae Sexto. 
 Thursday December 4£/i, 1707. In Council. 
 
 " And inasmuch as the first foundation and establishment of 
 that house, the corporation and the government thereof, had its 
 original from an act of the general court, made and passed in the 
 year 1650, which has not been repealed or nulled, the President 
 and Fellows of said College are directed, from time to time, to 
 regulate themselves according to the rules of the constitution, by 
 the act prescribed, and to exercise the powers and authority 
 thereby granted, for the government of that house and sup- 
 port thereof. 
 
 " Saturday December 6th 9 1707. 
 
 " The representatives returned the vote, passed in council the 
 4th current, referring to the college, with their concurrence there- 
 unto. — By his Excellency the Governor consented to, 
 
 " JOSEPH DUDLEY." 
 
 The governor, lieut. governor, and council assumed to be suc- 
 cessors to the governor, deputy governor, and magistrates of 
 the colony of Massachusetts Bay, and with the congregational 
 ministers of the six towns originally designated, exercised the pow- 
 ers of overseers so long as the charter of William and Mary 
 existed. 
 
 Under that charter no alteration was made by the provincial 
 legislature in the government of the college, although one or two 
 attempts for that purpose were made ; but they were not consented 
 to by the corporation, and were not carried into effect. The first 
 attempt w r as in 1722 to enlarge the number of the corporation, so 
 that the resident fellows or tutors might be included ; which en- 
 largement was applied for by the overseers. The other attempt 
 was made soon after, in which it was proposed as a standing law 
 
§4* APPENDIX. 
 
 that some of the resident tutors should ex officio be fellows of the 
 corporation. These proposed alterations were not agreed to by 
 the corporation and were not sanctioned by the legislature. 
 
 During the existence of the provincial charter, one case only 
 appears to have arisen, in which the overseers exercised original 
 jurisdiction in removing a fellow and tutor from his place, not 
 confining themselves to approving or annulling the proceedings of 
 the corporation. The president aud three of the tutors presented 
 a complaint to the overseers against Nathan Prince, one of the tu- 
 tors and also a fellow of the corporation, charging him with con- 
 temptuous and reproachful language respecting the president and 
 others in the immediate government of the college ; with neglect 
 of his duty as a tutor, and with intemperance in drinking. Upon 
 this complaint he was by the overseers removed from all the offi- 
 ces he held in the college, and the corporation were requested to 
 fill up the vacancies occasioned by his removal. The causes of this 
 singular procedure of the overseers will appear by the following 
 vote of the corporation, passed when they agreed to supply the 
 vacancies as requested, which is as follows. 
 
 M a meeting of the President and Fellows of Harvard college in 
 Cambridge, by adjournment, April 27, 1742. 
 
 Present, The President, Dr. Wigglesworth, 
 
 Mr. Flynt, Mr. Appleton, 
 
 Dr. Sewall, Mr. Treasurer. 
 
 " Whereas the Honorable and Reverend the Overseers of Har- 
 vard College did, upon the 18th day of February last past, vote the 
 removal of Mr. Nathan Prince (one of the Fellows and Tutors of 
 said College) from all office-relation thereto, on account of sundry 
 crimes and misdemeanors whereof he was convicted before them, 
 and which he had been charged with at said board, by some of 
 the Corporation, as well as the Tutors of said College ; and also 
 did then recommend it to the Corporation to fill up the vacancies 
 made by the said Mr. Prince's removal: And although we appre- 
 hend that (according to the Constitution of said Harvard College) 
 affairs of this nature ought to originate with the Corporation, yet 
 in as much as, so many of the Corporation have been either com- 
 plainants against the said Prince, or have been aspersed and mal- 
 treated by him, as that there is not left a majority of said Corpo- 
 ration, who may be thought by him, or by ethers (as we under- 
 
APPENDIX. 30 
 
 Stand) to be indifferent judges, in this affair 5 aud inasmuch as 
 we apprehend, that under all circumstances, it will not be for 
 the interest and peace of the said college, that he should contin- 
 ue any longer in office therein, Therefore (saving all rights given 
 to the corporation by their charter,) they passed the following votes: 
 
 " 1. That Mr. Joseph Mayhew be a fellow of the corporation 
 in the room of the said Mr. Prince. 
 
 " 2. That Mr. Belcher Hancock be a tutor of said college in 
 the room of the said Mr. Prince, and that for three years, and be 
 the fourth tut or in order. 
 
 " 3. That the two foregoing votes be presented to the Honoura- 
 ble and Reverend the Overseers, at their next meeting, for their 
 approbation." 
 
 When the constitution of the commonwealth was formed, it was 
 deemed expedient to give a constitutional confirmation of the gov- 
 ernment of the college. Afterwards the act of 1809, ch. 113,* 
 passed the legislature providing for the amendment and alteration 
 of the constitution of the board of overseers, with the consent of 
 the overseers and corporation, which consent was afterwards 
 given, and the board of overseers was organized, and exercised 
 its powers pursuant to said statute. 
 
 The corporation being informed that in the winter session of 
 the general court in 1812 a bill was pending for repealing the 
 last statute, presented to the legislature a memorial, containing 
 reasons against that repeal, which memorial here follows. 
 
 u To the Honourable the Senate and the Honourable the House of 
 Representatives of the Commonwealth of Massachusetts, re- 
 spectfully represent the President and Fellows of Harvard 
 College, in behalf of the Corporation and Overseers of said 
 College, 
 
 " That having learned, that a bill was pending before the hon- 
 ourable senate of this commonwealth, for the repeal of a statute, 
 passed in March 1810,t establishing a board of overseers for the 
 said college, your memorialists presented a memorial to the two 
 houses, praying a postponement of the bill aforesaid, until the 
 two boards, which constitute the college government, could have 
 opportunity to be heard before the legislature, or a com mittee of 
 * Vide page 11. 
 
 f This statute is also called the act of the commonwealth Anno 1809, 
 <$« 113, dating by the legislative year 8 from May to May. 
 4 
 
3& APPENDIX. 
 
 the same, on this important subject. Since whieh, your memo- 
 ralists have been informed, that the bill has passed the honoura- 
 ble senate, and is now pending before the honourable house of 
 representatives. Though your memorialists have not been in- 
 dulged with the notice and opportunity requested, yet they pre- 
 sume, that the honourable legislature will allow your memorial- 
 ists, in the present stage of the proceedings, to oifer such consid- 
 erations and arguments, relating to the proposed act, as your me- 
 morialists may think their relation to the college, and the re- 
 quest of the overseers made for this purpose may require, and as 
 the interesting nature of the subject may appear to them to justi- 
 fy. The following is a summary view of the facts and reason- 
 ings, which your memorialists beg leave to submit to the atten- 
 tion of the honourable legislature. 
 
 " The overseers of Harvard college were originally constitut- 
 ed by an act of the general court of the old colony of Massachu- 
 setts, passed in 1642. By this act it is ordered, that the gevern- 
 or, deputy governor, and all the magistrates of the jurisdiction, 
 with the president of the college, and the teaching elders of the 
 six adjoining towns, Cambridge, Watertown, Charlestown, Bos- 
 ton, Roxbury, and Dorchester, shall be overseers, with power to 
 direct the government, and dispose and manage the property of 
 the institution. Afterwards, in May 1650, the corporation was 
 created, to consist of a president, five fellows, and a treasurer, 
 and styled the President and Fellows of Harvard College. The 
 charter declares, that the corporation shall have perpetual suc- 
 cession, by the election of members to supply vacancies ; the cor- 
 poration procuring the presence, and having the counsel and con- 
 sent of the overseers. The whole property and concerns of the 
 college are committed to this corporation, subject, generally, to 
 the control of the overseers. By an act passed October, one thou- 
 sand six hundred and fifty seven, called an appendix to the col- 
 lege charter, certain powers were enlarged and explained. Qji 
 the repeal of the charter of the colony attempts were also made 
 to defeat all the chartered rights derived from it, but without suc- 
 cess. By the province charter, granted 1691, the property of 
 colleges, among other bodies politic, is confirmed to them. Of 
 necessity, with respect to Harvard college, the corporation, 
 holding the property of the college, is confirmed; and it ap- 
 pears, that the President and Fellows proceeded to exercise their 
 powers as before the vacation of the colony charter. To prevent 
 
APPENDIX. ^7 
 
 however, any further question on these points, a resolution of 
 the provincial legislature was passed in December, 1707, which 
 recognized the continued existence of the corporation, as estab* 
 lished by the charter of 1650, declaring that " said charter had 
 never been repealed or nulled." It appears, that the royal gov- 
 ernor and lieutenant governor, and the provincial council suc- 
 ceeded to the eolouial governor, deputy governor, and magistrates 
 of the colony, as overseers, with the congregational ministers of 
 the six adjoining towns. 
 
 " Your memorialists conceive, that these are the legislative 
 and public acts, on which the foundation and government of the 
 college rest. The eolonial general court passed an ordinance in 
 October, 1672, now on the records of the court, providing for a 
 new charter for the eollege, with very extensive and important 
 powers, both civil and eollegiate ; and enacting that the provi- 
 sions of that ordinance should be law, any law, grant, or usage, 
 to the contrary notwithstanding. But, in fact, there remains no 
 evidence that the corporation ever accepted this charter, or exercis- 
 ed any of the powers therein granted, and it is not on the records 
 eitaer of the overseers or corporation. The provincial legislature 
 in 1692, and shortly afterwards, made some attempts to give a 
 very ample establishment to the college, which were defeated by 
 the negative of the king. But after all these attempts, the pro- 
 vincial legislature, in 1707, passed the resolution above-mention- 
 ed, that the former charter of the college of 1650 had not been 
 repealed or nulled. 
 
 " Thus stood the government of the college and the power of 
 visitation, until the state constitution was formed. This instru- 
 ment recognized and confirmed the corporation as erected by 
 its original charter, and designated the successors to the former 
 everseers; a measure made necessary by the change of govern- 
 ment in the state. The article appointing the overseers, is con- 
 eluded with a proviso, that nothing therein declared ' shall be 
 6 construed to prevent the legislature of the commonwealth from 
 4 making alterations in the government of the university, conda- 
 
 * cive to its advantage, and the interest of the republic of letters, 
 ' in as full a manner as might have been done by the legislature of 
 
 * the late province of Massachusetts Bay.' It is believed, by your 
 memorialists, that this proviso had particular respect to altera- 
 tions, which, it was supposed, experience would prove necessary 
 «r expedient in the board of overseers* 
 
'•£& APPENDIX. 
 
 " In the year 1810, a statute was made, altering the constitu- 
 tion of the overseers, and appointing to that office the governor, 
 lieutenant governor, and cousellors, the president of the senate. 
 tha speaker of the house of representatives, and the president of 
 the college, with fifteen laymen, and fifteen ministers of congre- 
 gational churches, after the ministers who belonged to tae board 
 as before constituted should be reduced to this number; the suc- 
 cession of the thirty last mentioned members to be supplied, as 
 vacancies shall happen, by the election of the board. 
 
 " The corporation, in explaining the reasons of their assent to 
 this statute, observe, 6 they were sensible of the wisdom and 
 good dispositions of that part of the former board, whose rela- 
 tion to it would cease by the new arrangement, and of the 
 dignity derived to the university from their association ; yet 
 they were persuaded, that most important benefits would accrue 
 to the seminary* from a body of overseers, coming not inciden- 
 tally and casually to the duty; but chosen as vacancies should 
 occur, with special reference to the object; and whose local situ- 
 ation and permanent connexion with the university would ena- 
 ble them to pay a prompt and uniform attention to its con- 
 cerns. At the sume time, by the plan proposed, the college 
 would obtain this improvement, without ceasing to enjoy the 
 singular distinction and benefit of an immediate alliance with 
 the state, by means of its constituted authorities, having the su» 
 preme executive, and the presiding officers of the two houses 
 always in the board. 5 It cannot be denied that the members of 
 the senate must necessarily, as a body, be under disadvantages 
 for the efficient and regular discharge of many of the duties of 
 overseers. Their connexion with the university depending on 
 the contingency of an annual election, must, it is apprehended, 
 have some effect to discourage a disposition to enter thoroughly, 
 and systematically, into the affairs of the establishment. The 
 distance of a large portion of the senate must prevent their atten- 
 dance at meetings for college business, except during a session 
 of the legislature ; and then, it is frequently inconvenient, on ac- 
 count of the pressure of public business. For these reasons, it 
 may, without any imputation on that honourable body, be admit- 
 ted, that their sense of responsibility, as overseers, might be less 
 than the intrinsic importance of the trust would seem to re-» 
 quire, and their means of serving the institution unequal to 
 their wishes. 
 
AfPENDIX. 29 
 
 w The inconveniences here mentioned, were eertainly realized, 
 in no inconsiderable degree, under the former constitution of 
 the board; and in times, when no political prejudice or feeling 
 could possibly bias the judgment, persons well acquainted with 
 the subject, in and out of the senate, expressed a decided opin- 
 ion in favour of a change in the constitution of the board of 
 overseers, similar to that which was made in 1810. For whilst 
 individuals of the former board had it in their power to give 
 their attention to college concerns, the regular meetings of the 
 board, and especially of the committees for inquiring into the 
 ftate of the college, and particularly for examinations, were fre- 
 quently so little attended by the gentlemen on the civil list, as 
 to deduct very much from the good effect of these public occa- 
 sions, on the minds of the students, and on the general interests of 
 the institution. In these respects a manifest and important im- 
 provement has attended the change in the form of the board. 
 The stated appearance of full committees, to observe the condition 
 of the college, and to witness the exhibitions, and ascertain the 
 proficiency of the scholars, has contributed to inspire the pupils 
 with a laudable ambition, and to increase a sense of responsibility 
 for the use of their advantages, whilst the governors and instrue- 
 ters have derived much assistance and encouragement from this 
 portion of the academic body. 
 
 w As the expediency of this alteration seems manifest, so its 
 compatibility with the rights of the respective boards, is, in the 
 view of your memorialists, unquestionable. The legislature 
 Were careful to preserve the ancient foundation of the college 
 unimpaired, and to prevent all ground for the apprehension, that 
 the chartered privileges of the college are less sacred in the 
 eyes of the present generation than they have been in those of our 
 predecessors. They made this alteration in such a manner that 
 the legal rights of the college could not be injuriously affected, 
 for they annexed to the act the condition, that it should go into 
 effect, when the provisions of it should be accepted by the two 
 college boards. It is a principle admitted, that a corporation 
 may, with its consent, be altered by a legislature not specially or 
 constitutionally restricted. For several reasons it was consider- 
 ed, that this principle must be applied in the present instance, 
 and that without the consent of the boards, the alteration could 
 pot be made. It occurred, that, so far as the constitution is con- 
 cerned, the powers of the college government rest on the same 
 
30 APPENDIX. 
 
 foundation, and have the same authority as the powers of the le- 
 gislature. This constitution reserves to the legislature so much 
 control over the college government, as respects the overseers, 
 as might have been exercised by the provincial legislature, la 
 regard to the extent of this control, the provincial legislature, it 
 is believed, could not make the alteration proposed without the 
 assent of the existing college government, for the college was es- 
 tablished by the same province charter, by which the legislature 
 was created. The general court, deriving its authority from the 
 provincial charter, could not legally control the rights of others 
 derived from the same charter, since this would be to rescind a 
 part of the charter, which was the very foundation of the legisla- 
 tive powers of the province, and to annul the very authority by 
 which the general court existed. Further, the corporation is ad- 
 mitted, on all hands, to be confirmed by the said province charter. 
 But the corporation, in the exercise of its powers, was subject to 
 the control of aboard of visitors, designated by the same author- 
 ity by which it was created. To this control the said corporation 
 must, of right, submit; and, without its own consent, to no other 
 control whatever. To establish any other control over this bo- 
 dy, would be an alteration of its power, to which no authority is 
 competent, unless it can lawfully annihilate the corporation. 
 These and other principles could not fail to be considered as fix* 
 ing boundaries to the power of the provincial legislature over the 
 college government. If even the rights of the college had not 
 been confirmed by the charter of William and Mary, and if the 
 corporation had been created by the general court, established 
 by that charter, whose powers were not expressly limited by 
 any declaration of rights, it could not then be admitted that th* 
 legislature of the late province of Massachusetts Bay could le- 
 gally alter the powers of the corporation without its consent, un- 
 less it could be admitted that the same legislature could legally 
 repeal its own grants, and annul the rights of any inhabitants de- 
 rived from such grants. — The reasoning, to which the several 
 views of the subject led, is confirmed by the practice of a centu- 
 ry. The general court have confirmed and enlarged, but never 
 impaired or abridged the powers of the college government. 
 Whenever the question arose, they appear to have put the same 
 construction upon their powers of alteration, which the legisla- 
 ture, who passed the statute of 1809, adopted : For example, in 
 1722, the overseers petitioned that the corporatioa might be e»« 
 
APPENDIX. 31 
 
 larged ; but the corporation not consenting, the house of repre- 
 sentatives refused to grant the petition.* Attempts were after- 
 wards made to persuade the general court to exercise the visita- 
 torial power, and to interfere with the doings of the overseers, 
 hut without effect. 
 
 " On these grounds the legislature were anxious, when in 1810 
 they purposed to give the college the benefit of an improved con- 
 stitution of tke board of overseers, to save all the chartered rights 
 of the college. The former board, under the legislative sanction, 
 divested themselves of their trust in favour of the present over- 
 seers. These overseers, it is believed, have succeeded to all the 
 rights and powers which belonged to their predecessors in the 
 same office 5 and hold these rights and powers by a permanent 
 tenure, subjeet only to the implied condition of a faithful execu- 
 tion of the trust. The proviso in the third article of the fifth 
 chapter of the constitution of the state, which reserves to tho 
 legislature the same power in respect to the government of the 
 college, as pertained to the legislature of the late province, must 
 in any interpretation include a power extending to such altera- 
 tions in the board of overseers as should be made with the con- 
 cent of both the college boards, on whom sueh alteration was to 
 operate. Such consent having been provided for by the statute 
 of 1809, and given by the said boards, the corporators created 
 pursuant to said act have, as your memorialists believe, acquired 
 rights, of which they cannot be deprived, but by their own con- 
 sent, or by some legal process, founded on a charge of misbehav- 
 iour. But if it should be admitted that the legislature have au- 
 thority by the constitution to make alterations without consent, 
 yet this authority must extend to permanent as well as tempora- 
 ry alterations, and the statute of 1809, having made a permanent 
 alteration, the legislature have exercised the powers reserved to 
 them by the constitution of the state. 
 
 " Your memorialists conceive that the present constitution of 
 the hoard of overseers ought not to be considered as excluding 
 the commonwealth from its just participation in the govern- 
 ment of the universitv ; since the commonwealth has an immedi- 
 ate relation to it by its constituted authorities, and is truly and 
 virtually represented by the permanent overseers, who hold their 
 place and trust under authority derived from the legislature. 
 The legislature have not thought it any disparagement of the 
 * Records of tne cverseers, 1722. 
 
32 APPENDIX. 
 
 rights of the public to ereet other colleges, indebted like Harvard- 
 to the bounty of the state, with select and durable boards of trus~ 
 tees or visitors. They cannot be supposed willing to deny an in- 
 stitution, especially committed to their protection and patronage, 
 means of improvement freely bestowed on other seminaries. 
 
 " Your memorialists are convinced that the university has been 
 conducted with liberality and impartiality, and a steady view to 
 the public good. In regard to the political divisions of the 
 times, they believe that persons best acquainted with the course 
 of instruction and discipline in that place will acquit the college 
 ©f any attempts to prejudice or unduly excite the youthful mind. 
 — Your memorialists rely on the wisdom and moderation of the 
 legislature to arrest any measure that may involve the privileges 
 or endanger the stability of an institution, vigilantly guarded and 
 fondly cherished by all preceding generations, since its founda- 
 tions were laid. 
 
 " In conclusion, your memorialists observe, that whilst they have 
 deemed it necessary to be explicit in stating their views of the 
 rights and interests of the college, they hope no part of this re- 
 presentation will be thought to militate with a due deference to 
 that branch of the legislature particularly included in the consid- 
 eration of this subject. The attachment of your memorialists to 
 the present constitution of the board of overseers is founded on 
 principles, which your memorialists believe consistent with an 
 entire respect for the senate of this commonwealth. And your 
 memorialists, as in duty bound, shall ever pray." 
 
 This memorial was presented February 24, 1812. 
 
 The legislature however, without any reserve for the consent 
 of the overseers and corporation, and in opposition to the preced- 
 ing memorial, passed an act, a copy of which is subjoined. 
 
 An act to repeal an act, entitled, " An act to alter and amend the. 
 " constitution of the Board of Overseers of Harvard College," 
 and to regulate certain meetings of that Board, 
 
 " Sect. 1. Be it enacted by the Senate and House of Repre- 
 sentatives in general court assembled, and by the authority of the 
 same, That an act made and passed the seventh day of March, in 
 the year of our Lord one thousand eight hundred and ten, enti- 
 tled, " An act to alter and amend the constitution of the Board 
 of Overseers of Harvard College," be, and the same is hereby re- 
 pealed 5 and the Board of Overseers from aud after the passage 
 
APPENDIX. 33 
 
 of this act shall be constituted in the same way and manner, and 
 he composed of the same persons, and no others, that it would 
 have been, had the same act never been made or passed. 
 
 " Sect 2. Be it further enacted, That there shall be a meet- 
 ing of the Board of Overseers of Harvard College, as the same 
 will be constituted after the passing of this act, on the second 
 Wednesday of the first session of the general court, annually, in the 
 Senate Chamber, at three o'clock in the afternoon, unless other- 
 wise ordered by the said Board of Overseers, if the general court 
 shall remain so long in session ; and at such other times and pla- 
 ces as the said Board shall order ; at which annual meeting it 
 shall be the duty of the Secretary of said Board, at the first meet- 
 ing thereof, to lay before them the records and proceedings of the 
 Corporation of Harvard College, and of the said Board of Over- 
 seers, which have been had since the passing of the act aforesaid, 
 which is hereby repealed, and in like manner all the proceedings 
 which may have been had by said Corporation and Board of Over- 
 seers shall be laid hefore them, at their next succeeding meeting, 
 to be held agreeably to the provisions of this act. 
 
 " In the House of Representatives, February 28, 1812. 
 
 " This bill, having had three several readings, passed to be 
 enacted. 
 
 « E. W. RIPLEY, Speaker. 
 
 " In Senate, February 28, 1812. 
 
 " This bill, having had two several readings, passed to be 
 enacted. 
 
 « SAMUEL DANA, President. 
 
 " Council chamber, February 29, 1812. 
 « Approved, E. GERRY." 
 
 The legal effect of this act, unless it should be consented to 
 by the government of the college, may be a question of future con- 
 sideration. 
 
 The foregoing charters and acts relating to the constitution of 
 Harvard College with the appendix are printed by vote of 
 the corporation. _ 
 
 JOHN T. KIRKLAND, President 
 Cambridge, April 18, 1812. 
 
CONTENTS. 
 
 Pag- 
 The act establishing the overseers 1642 1 
 
 Charter of the President and Fellows 1650 4* 
 
 Appendix to the charter 1657 8 
 
 Chapter of the constitution of the commonwealth relating to 
 
 the university 9 
 
 Statute of the commonwealth Anno 1809, ch. 113, dated 
 
 March 1810, entitled, " An act to alter and amend the 
 
 constitution of the board of overseers" 11 
 
 Acceptance of the same by the college boards 14 
 
 APPENDIX. is 
 
 President Dunster's resignation 17 
 
 Act for the perpetuating and advancement of Harvard College, 
 passed by the general court of the colony of Massachu- 
 setts 1672 19 
 Extracts from the charter of William and Mary 22 
 Resolve of the provincial general court Dec. 4, 1707 23 
 Vote of the corporation respecting Mr. Nathan Prinee 24 
 Memorial of the corporation to the legislature respecting the 
 act passed March 1810, altering and amending the consti- 
 tution of the board of overseers, Feb. 24, 1812 25 
 An act to repeal the act passed March 1810 — approved Feb. 
 29, 1812 32 
 
 ERRATUM.-^Page 16, 1. 7, dele 9, and L 8 read 1638,9. 
 
LIBRARY OF CONGRESS 
 
 029 908 938 1