aforesaid, by, or under any grant 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, for ever hereafter held and enjoyed, according to the intent and purport of such respective 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 contrary 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 inhabit 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 institution, 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 upon the proposed charter's not providing for a visitation of the king by his governor. To remove this objection, in the act sent over in 1697, passed under the administration of Lieutenant Governor Stoughton, 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 Provincial General Court. Thursday, December 4th, 1707. "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 support thereof. "Saturday, December 6th, 1707. "The representatives returned the vote, passed in Council, the 4th current, referring to the College, with their concurrence thereunto. By his Excellency the Governor consented to, "JOSEPH DUDLEY." The governor, lieutenant governor, and council assumed to be successors 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 powers of overseers so long as the character 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 was in 1722 to enlarge the number of the Corporation, so that the resident Fellows or Tutors might be included; which enlargement was applied for by the Overseers. The other attempt was made soon after, in which it was proposed as a standing law 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 and three of the Tutors presented a complaint to the Overseers against Nathan Prince, one of the Tutors and also a Fellow of the Corporation, charging him with contemptuous 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 offices 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. At a Meeting of the President and Fellows of Harvard College in Cambridge, by adjournment, April 27, 1742. Present, The President, Mr. Flynt, Dr. Sewall, Dr. Wigglesworth, Mr. Appleton, Mr. Treasurer. "Whereas the Honorable and Reverend the Overseers of Harvard 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 misdemeans 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 apprehend 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 complainants against the said Prince, or have been aspersed and maltreated by him, as that there is not left a majority of said Corporation, who may be thought by him, or by others (as we understand) to be indifferent judges, in this affair; and inasmuch as we apprehend, that under all circumstauces, it will not be for the interest and peace of the said College, that he should continue any longer in office therein, Therefore (saving all rights given to the Corporation by their charter,) they passed the following votes: 66 "1. That Mr. Joseph Mahew be a Fellow of the Corporation in the room of the said Mr. Prince. "2. That Mr. Belcher Hancock be a Tutur of said College in the room of the said Mr. Prince, and that for three years, and be the fourth Tutor in order. "3. That the two foregoing votes be presented to the Honourable 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 government 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. "To the Honovrable the Senate and the Honourable the House of Representatives of the Commonwealth of Massachusetts, respectfully 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 Honourable Senate of this Commonwealth, for the repeal of a statute, passed in March, 1810, † 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 committee of the same, on this important subject. Since which, your momorialists have been informed, that the bill has passed the Honourable Senate, and is now pending before the Honorable House of Representatives. Though your memorialists have not been indulged with the notice and opportunity requested, yet they presume, that the Honourable Legislature will allow your memorialists, in the present stage of the proceedings, to offer such considerations and arguments, relating to the proposed act, as our memorialists may think their relation to the College, and the request of the Overseers made for this purpose may require, and as the interesting nature of the subject may appear to them to justify. The following is a summary view of the facts and reasonings, which your memorialists beg leave to submit to the attention of the Honourable Legislature. Vide ante, page 77.] This statute is also called the act of the Commonwealth Anno 1089, ch. 113, dating by the legislative year, from May to May. "The Overseers of Harvard College were originally constituted by an act of the General Court of the old colony of Massachusetts, passed in 1642. By this act it is ordered, that the governor, 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, Chariestown, Boston, 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 succession, by the election of members to supply vacancies; the Corporation procuring the presence, and having the counsel and consent 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 thousand six hundred and fifty-seven, called an Appendix to the College-charter, certain powers were enlarged and explained. On the repeal of the charter of the colony, attempts were also made to defeat all the chartered rights derived from it, but without success. 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 appears, that the President and Fellows proceeded to exercise their powers as before the vacation of the colony charter. To prevent, 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 established by the charter of 1650, declaring that, "said charter had never been repealed or nulled." It appears that the royal governor and lieutenant governor, and the provincial council, succeeded to the colonial 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 colonial General Court passed an ordinance in October, 1672, now on the records of the court, providing for a new charter for the College, with very extensive and important powers, both civil and collegiate; and enacting that the provisions of that ordi |