year, a vote passed the Council and House of Representatives approving the form of a Charter which they were willing the College should accept from the King, and I make no doubt the agents were instructed to endeavour to obtain a Charter in such form. By this Charter, the Corporation was to consist of a President, Vice-President, and fifteen Fellows. It may not be unacceptable to some to have their names preserved. Increase Mather, President, Samuel Willard, Vice-President, James Allen, Michael Wigglesworth, Samuel Torrey, Nehemiah Hobart, Peter Thacher, Samuel Angier, John Danforth, Cotton Mather, Nehemiah Walter, Henry Gibbs, John White, Jonathan Pierpoint, and Benjamin Wadsworth, together with the two senior Tutors resident at College, were the first Corporation named in the Charter. The College was impowered to hold real estate to the amount of three thousand pounds per annum. The Governor and the Council were made the visitors. This application proved as ineffectual as the former. The true reason, of the several failures, appears from a letter of Mr. Blaithwaite to the President, dated 1st June 1704, which says, "that the only obstruction to the passing the Charter was Sir Henry Ashurst's refusing to allow of a clause for a visitation by the King or his Governor." A letter from Lord Bellamont to Mr. Stoughton upon this subject deserves notice, "New York, 31st May, '98. "Sir, I received a letter from the reverend President of Harvard College, by Mr. White, Fellow of the said College, together with a copy of an Act of the Assembly for incorporating the College. And I am of opinion, that his Majesty will not give his royal approbation to that act as it stands worded, because it differs very materially from the terms of incorporation proposed by their excellencies the Lords Justices of England, viz. that the King and his Governors should be the visitors, whereas the Act of Assembly vests the power of visitation of that College as well in the Council as Governor, which his Majesty may probably think derogatory to his prerogative. And I am apprehensive also, that those noble Lords who, under the title of Lords Justices of England, lately exercised the royal authority, will confirm his Majesty that it will be a diminution to the prerogative of the crown, to make the Council co-ordinate in the power of visitation with the King's GovFor my own part I have a very great respect for the King's prerogative, but I could wish a way were found to secure ernor. the statutes or privileges of Harvard College against the capricious humour of future Governors, who, out of prejudice to the way of worship used there, or for some sinister ends, may be vexatious to the College. There is great difference between the exercise of the prerogative in England and in these remote parts of his Majesty's dominions. There, the subject, whenever that exercise is abused, has the King, the fountain of justice, near at hand to recur to for redress. In these Provinces, Governors, I fear by what I have discovered since my being in America, are made bold and presumptuous in breaking the laws and governing arbitrarily, out of conceit that their being so far from under the eye of the government of England will be a sure cause of impunity to them. Therefore upon the whole matter, I must in judgment and conscience declare for a qualification of the power of a Governor in the case of the visitation of Harvard College, but what that qualification should be, I must leave to his Majesty's wisdom and goodness to determine. To the Honourable "I am, Wm. Stoughton, Esq. &c. "Sir, your most humble servant, During these attempts, until advice of the respective Acts being disallowed, the College was governed conformable to them. While no Acts were in force, temporary orders passed the General Court from time to time, impowering such persons to act as a Corporation as were therein named. But in 1707, all prospect of a new foundation being gone, it was thought proper to resort to the old, and the Charter of 1650 hath been conformed to ever since. The several heads of the College, from its first establishment to this day, have been as follows. Mr. Eaton, appointed in 1638, continued until 1640, when Mr. Henry Dunster was appointed, who was succeeded by Mr. Charles Chauncy in 1654, who continued until 1671. Doctor Leonard Hoar succeeded Mr. Chauncy. Douglass says, Mr. Hoar was a doctor of physick from Cambridge in Old England. He was educated at Cambridge in New England, and took his Bachelor's degree in 1650, went over to England in November 1653, was made a Doctor at Cambridge, and returned not long before he was elected July 30, 1672. The students were too much indulged in their prejudices against him, and he was obliged to resign March 15, 1674 – 5. His wife was daughter to Lord Lisle. Mr. Urian Oakes, minister of Cambridge, was his successor, and continued from April 7, 1675, until his death in 1681. Mr. Mather was chosen by the Corporation and confirmed by the Overseers, and moderated at the masters' disputations, and conferred the degrees at the Commencement in 1681; but his church in Boston being unwilling to part with him, on April 20th, 1682, Mr. John Rogers was chosen and confirmed, but died in 1684, being suddenly seized the morning of Commencement, July 1st, and dying the next day. Mr. William Hubbard of Ipswich moderated at the publick exercises. Mr. Mather succeeded Mr. Rogers, and continued at the head of the College until September 6, 1701. Mr. Samuel Willard, by order of Court, officiated several years as Vice-President, no President being appointed instead of Mr. Mather, until Mr. John Leverett was by the Governor, at the head of the Overseers, declared President, January 14, 1707, and the College was put under his care "agreeable to the choice of the Fellows of the house, approbation of the Overseers, and votes of the Council and Assembly in their last preceding session. The Governor directing him to govern that house and the scholars there with duty and allegiance to our sovereign lady the Queen and obedience to her Majesty's laws." Mr. Leverett continued in the presidentship until his death in 1724. Mr. Benjamin Wadsworth, a minister of one of the churches in Boston, succeeded him. He died in 1737, and was succeeded by Mr. Holyoke, who continues in the presidentship at this time. [Hutchinson's Hist. I. pp. 171-175, note.] No. XV. (p. 10.) THE Constitution of Harvard College: 1. The Colonial Act of 1642. Vide ante, page 9th of this Appendix. 2. The Charter of 1650. Vide ante, page 11th, of this Appendix. 3. Appendix to the Charter of 1650. Vide ante, page 14th of this Appendix. 4. The, articles of the Constitution of the Commonwealth of Massachusetts, confirming and securing to Harvard College, the perpetual possession, and enjoyment of all its estates, rights, powers, and privileges. [A. D. 1780.] CHAPTER V. SECTION I. The University. Article 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 sciences, which qualified them for public employments, both in Church and State; and whereas the encouragement of arts and sciences, and all good literature, tends to the honor of GOD, the advantage of the Christian religion, 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, immunities and franchises, which they now have, or are entitled to have, hold, use, exercise and enjoy: And the same are hereby ratified and confirmed unto them, the said President and Fellows of Harvard College, and to their successors, and to their officers and servants, respectively, for ever. Article 2. And whereas there have been, at sundry times, by divers persons, gifts, grants, devises of houses, lands, tenements, goods, chattels, legacies, and conveyances, 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 successively: It is declared, that all the said gifts, grants, devises, legacies and conveyances, are hereby for ever confirmed unto the President and Fellows of Harvard College, 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. Article 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 magistrates of that jurisdiction were, with the President, and a number of the clergy in the said Act described, constituted the Overseers of Harvard College: And it being necessary, in this new constitution of government, to ascertain who shall be deemed successors to the said Governor, Deputy Governor and magistrates; It is declared, that the Governor, Lieutenant Governor, Council, and Senate 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 Congregational churches, in the towns of Cambridge, Watertown, 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, that nothing herein shall be construed to prevent the Legislature of this Commonwealth from making such alterations in the government of the said University, 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. 5. The Statute of the Commonwealth, anno 1809, ch. 113, entitled an "Act to alter and amend the Constitution of the Board of Overseers of Harvard College." Whereas the members of the Board of Overseers of Harvard College, as heretofore constituted, cannot conveniently nor con |