pleased with the Alteration) and notwithstanding they have not the least prospect of his reinstatement, yett they will lay hold of every such occasion to sett forth his services and cry up his punctuality and will readily help the House to the Construction aforesaid.

Mr. Bollan in his last letter to the Court takes notice that you decline acting with respect to the Government's Grant of Mount Desart Island to the Governor1 and for this reason that the Government had given no Instruction to the Agent respecting the same, however, notwithstanding this omission, the Government is much Interested in this matter.2 They have made a grant of Ten or Twelve Townships in those parts to a number of People who are oblidged to settle the same in a few years,3 and the Confirmation of these grants they apprehend much depends upon obtaining a Confirmation of the Grant made to the Governor. They have accordingly in their last session chose a Committee during the recess of the Court to prepare Instructions for you upon this Head. You will therefore esteem this as a matter that claims your Attention and will, I doubt not, do all in your Power to forward it.

I understand by the Secretary you are like to succeed in preventing the Governor's obtaining the sole Right of granting Charter, and upon this Principle, that the King himself don't usually exercise rights that are contrary, as the Lawyers term it, to Leges Loci. It has been the constant practice here for the Three Branches of the Legislature to grant all Charters and it will bode ill to the Priviledges of this People if this right should be taken from them and vested solely in a Governor, he may make himself

1 Province Laws, XVII. 168.

2 Barrington-Bernard Correspondence, 56.

3 Province Laws, XVII. 169–177.

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as rich and as powerfull as he pleases and when this is the Case our happy Constitution will soon be destroy'd. As I am perswaded a tender regard to the civil and religious Interest of this Country and a sincere desire to promote them, has Induced you to undertake so important a trust, so I am confident you will maintain a constant watch [against everything that may annoy your Constituents.1 You'll consider I write only as a private person and as a friend and therefore won't make mention of anything I have wrote. I heartily wish you success and Prosperity in J 1 A scheme had been set on foot for founding another college in the province, and a petition for that purpose was, after debate, thrown out by the General Court. Governor Bernard then took the matter upon himself. "Some gentlemen at the Western Extremity of this Province projected a Scheme for founding a College and brought in a Bill for that purpose which passed the House and was rejected by the Council. The reasons given by the Council for rejecting it were, that the College was to be vested with University Powers; that the Province could not support two Universities, they would interfere with one another. The Gentlemen then applied to me for a Charter under the Province Seal, and they agreeing to drop the powers excepted to, I ordered a charter to be made out which, giving no other powers but to hold Lands and Money, and sue and be sued, I thought must be unexceptionable. Nevertheless this would not do: a great Cry was made against this Charter upon two points that it would be detrimental to the old College; that it would be injurious to the rights of the people. I had given so many proofs of my regard for the old College that there was no pretence to suspect me of a design to hurt it; and there was as little room to presume an injury to the rights of the people. For as the granting charters is a right belonging to the King's Seal, and the Charter of the Province is entirely silent about it, it certainly belongs to the King's Seal within this Province in the same manner as it does in other Royal Provinces. Nevertheless, as the prosecution of this affair was no ways an interest of my office, and it might have impeded affairs of greater consequence, I put a stop to the Charter, still insisting on the King's right of granting Charters, tho' I did not think proper to persist in perfecting this particular one. Upon which the whole dispute immediately subsided. It however persuaded me that it would be necessary to guard against the King's right being impeached by an usage of granting incorporations by Act only, which I humbly submit to your Lordship's consideration." Governor Bernard to the Lords of Trade, April 12, 1762. Province Laws, IV. 562. "This step has given an almost universal uneasiness and alarm; not only as we think the scheme itself of bad tendency, but also because we generally suppose, that the Governor has no such authority as he asserts, and has thus assumed to himself, of granting Charters. As soon as the Overseers of H[arvard] College (consisting of all the Members of his Majesty's Council, the congregational Ministers of Boston, and five other neighbouring towns) heard of the Governor's taking this step, and before the said Charter was actually issued,

all your Attempts to safeguard the Province and promote its welfare and conclude with respect, Your most humble servant,

THOMAS CUShing.

P. S. I should be glad to be favour'd with a line from you respecting our Publick affairs when your Leasure will permitt.

[Memorandum,] Thos. Cushing's Letter, 8r 12, 1762. Advice for my future proceeding.

SIR,

CHARLES CHAUNCY TO JASPER MAUDUIT

BOSTON, October 12th, 1762.

Yours of June 11th I have received, and heartily thank you for your kind and speedy care with reference to the important affair, which was the subject of our letter to

tho' sign'd and seal'd, they had a Meeting. And a Committee was appointed to draw up reasons against issuing said Charter, to be laid before his Excellency. Which has been done; those reasons, which are pretty lengthy, having been drawn up by your humble Servant, instead of some more capable person. The Governor] has returned an answer to them in writing such as it is. He has, however, promised to suspend said Charter. But he has intimated to us that the persons who sued for it, will make application home for another; in which we fear the G[overnor] will give them his countenance. There is accordingly a large Committee of the Board of Overseers (of which I have the honor to be one) appointed to transmit the Reasons against founding another College, to England, and to lodge them in some proper hands, to be made use of there, if there should be Occasion to prevent a Charter's being obtained from thence. Said Committee is also empowered to make use of any other means, which to them may seem proper, to the same End. This was but three or four days ago: and we have not yet had a meeting on the Occasion. So that I cannot inform you, to whom we shall more directly transmit the said reasons, or make our Application. Mr. Mauduit has been mentioned by some persons on the Occasion. When the Committee meets, I shall propose, if they are not sent immediately to you, that the person to whom they are sent, shall at least be desired to communicate them to you, and to some other worthy Gentlemen; whose united and friendly assistance we shall earnestly crave, if there should be occasion, to prevent a scheme's taking effect, which, we apprehend, would be of very pernicious consequence." Jonathan Mayhew to Thomas Hollis, April 6, 1762. Ms. See also Quincy, History of Harvard University, II. 105.

you. I believe Mr. Bernard will not think of issuing a charter (the thing is so unpopular) unless he should be encouraged from home to do it; and, we trust, what you have done will prevent this. The more we think of it, the more we are convinced, it will be ruinous to the Province, in a religious as well as civil respect, should the Governor be allowed to grant charters by his own single power: And we are fully persuaded, our dissenting brethren could not do us a greater service than by using their interest to

hinder it.

We are rejoiced to hear you have accepted the Agency for this Province; and doubt not but we shall reap the good effects of your acting in this capacity on our behalf. We wish you prosperity in all your endeavours to serve us; especially, when they may be laid out to promote our religious welfare, which, we are satisfied, lies near your heart.

I hope, sir, you will ascribe it to a sincere regard for you, and not to impertinence in me, when I inform you, that Mr. Bollan has his friends among us, who will make use of all incidents, opportunities and advantages to serve him. I need not advise you to caution in your conduct towards them. Your own wisdom will direct to this. I believe you may depend on it, that Mr. Bollan will be no more than your complimental friend. In a letter to our General Court (which they ha'n't yet seen, as they are not sitting) since his dismission from the Agency, he has very minutely given an account of your application to him for advice relative to some affairs of the Province, and concludes his long letter with the words in the inclosed paper.1 'Tis probable you will have a transcript of the whole letter by some friend or other. I tho't it not improper, as I was now writing, to give you the inclosed paragraph; as it

1 Page 58, supra.

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might be of service to you in directing your future conduct towards that Gentleman: Tho' I must ask the favor of your keeping my name a secret in this matter; as also when I tell you, that Mr. O[live]r, your correspondent, is a friend to those of most influence who are the friends of Mr. Bollan.

I ask your pardon, if I have used too much freedom. I meant well in what I have done. Herein, as well as in everything else within my power, I would approve myself to be what I really am, Your sincere friend and humble servant,

CHARLES CHAUNCEY.

P. S. The Boston associated Pastors join with me in their compliments to you, and thanks for your endeavours

to serve us.

C. C.

P. S. Mr. Wm. Hyslop, treasurer to the Commissioners from the honorable Society in Scotland for propagating Christian knowledge, will send you by this opportunity, a few copies of a Sermon preached, in this town, at the ordination of a Missionary preacher to the Mohawk-Indians.1 You will dispose of them as may best serve the design of Gospelising those poor people. There seems to be a prospect of doing service among them. If it should lie in your way to encourage so benevolent a design, you would, I believe, do a Christian work.

C. C. [Memorandum,] Rev'd Chas. Chancey Octo'r 12th recd. Decem'r 3d

1762.

1 All Nation's of the Earth blessed in Christ, the Seed of Abraham. A sermon preached by Chauncy, August 31, 1762, at the ordination of Rev. Joseph Bowman (1734-1806).