accompanied with the able memorial addressed to the General Court, which is subjoined to it:

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, the name of Newtown was changed to Cambridge; and in March, 1638 -9, 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 at Boston, the Rev. Henry Dunster was by them invited to accept the place of president of the college, which he accordingly accepted, and to him," by the same persons, 66 was committed the care and trust of finishing the college buildings and his own lodgings, and the custody of the college stock and such donations as might be added to the increase thereof;" so that in fact President Dunster executed the duties of a treasurer of the college, which duties the year before had been assigned by the General Court to the Rev. Mr. Shepherd. As the election of president Dunster was previous to the establishment of the Board of Overseers, 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, legacies, 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 Corporation, or President and Fellows, express provision is made for a treasurer of the college. But by this Charter no Acts of the Corporation were valid until consented to by the Overseers. The inconveniences resulting to the College from a Corporation with powers thus limited were so great, that the President and Fellows 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.

"The President's Resignation exhibited to the General Court held at Boston, June 10, 1654.

"To the worshipful and honored RICHARD BELLINGHAM, Esq. Governor of the Massachusetts Colony, with the rest of the honored Assistants and Deputies in General Court at Boston now assembled.

"Worshipful and honored Gentlemen

and faithful Trustees of your Colony,

"WHEREAS now at last I understand that the call or invitation I had unto my present business in the College, together with the promises, encouragements, and allurements thereto on Aug. 27, 1640, by about ten Gentlemen, whom I then understood to be Magistrates with Mr. DUDLEY, then Governor, and about sixteen Ministers or Elders, whom I also then took to be, and still from my heart do think to continue the persons that seriously and cordially consult for the welfare of the colony, and that especially in the liberal and learned education of the 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 as to give such a call, or to promise any such encouragements or allurements; and besides, seeing there be such laws, orders, or injunctions in part already imposed on the place as be destructive thereto, and that our former laws and orders, by which we have managed our place, be declared illegal and null, so that all possible means of managing our trust to the best end is so either made void, interfering and entangled, or at least questionable and offensive, that whatsoever we do is to myself and the Fellows unwarrantable and not secure, and with some principles tending to dissolution. To mention no further grounds.

"Therefore I here resign up the place wherein hitherto I have labored with all my heart, (blessed be the Lord who gave it) serv

From the commencement of the College, and for more than half a century the tutors, who with the President, conducted the instruction and immediate government, were called "Fellows of the College." After the establishment of the Corporation, there were "Fellows of the House or College," and "resident Fellows," and "Fellows of the Corporation." This name is now, and has been for more than sixty years confined to the members of the Corporation.

ing you and yours. And henceforth (that you in the interim may be provided) I shall be willing to do the best I 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 authorized; 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 College.

The resignation of the President being by the Overseers presented to the Court then in session, they authorized 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 Overseers 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 entrusted was out of office, and the President and Fellows of the Corporation 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 powers so restrained, as those in the Charter of 1650, that in October, 1657, upon the application of the Overseers, the Appendix to the 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 passed 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 Middlesex, called by the name of Harvard College,' and that by an Instrument 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 many well devoted persons, inhabitants of this country, as also strangers, 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 English and Indian youth. Now for the perpetuation and further advancement of so good a work, and for the better encouragement of all persons therein concerned, or to be concerned, it is ordered and enacted 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 being; and that the President, Fellows, and Treasurer of the said College, or the Fellows alone, when there is no President established, and their successors from time to time be the immediate Governors thereof, and shall in name and fact for ever hereafter be one body politic and corporate in law, to all intents and purposes, and shall have perpetual succession, having power and authority by these presents, (procuring a meeting of the Overseers, 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 removal made vacant:- Be it also hereby authorized and enacted, 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 Society according to such orders and laws as are or shall be established by the said Corporation; the Overseers of the said College 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, tenements, hereditaments, annuities, services, goods, monies, or other emoluments whatsoever, or from whomsoever, and (observing 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 affairs 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 Corporation belonging, and not that which belongs proper to any member of the said Corporation, being liable to such impleadments: also that the said Corporation, or any three of them, the President being one, in all crimes by the laws of this country punishable by one magistrate, shall have the full power of sconsing, fining, 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 any of the said Corporation shall, and hereby have power personally with 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 authorized and commanded to be readily aiding and assisting to them, or any of them in the premises. Neither shall any person or persons legally expelled the College, abide above ten days in the township of Cambridge, unless their parents live in the said township. 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 appertaining, not exceeding the value of five hundred pounds per annum, shall be henceforth freed from all ordinary civil impositions, taxes, and rates, and all goods to the said Corporation, or to any scholars