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and to restrain or confine the privileges of said College, within narrower bounds than was originally intended. For should your Excellency's Charter issue, and operate as it has an apparent aptitude to do, we cannot but think it would prevent, in a great measure, the operation of the other Charter, to the ends it was designed for; and so would be, consequently, abridging the privileges of the said College; at once obstructing the growth and flourishing thereof, and the general interest of learning in this country, agreeably to what has been before observed. And although we do not now concern ourselves with the general question about your Excellency's right to grant charters; yet we persuade ourselves that you would not willingly, by virtue of your sole authority as the King's Governor, grant any such sort of Charter as should however indirectly and remotely, interfere with, or tend in the least degree to frustrate the true intent of, another and prior Charter, given by the whole Legislature here, and ratified by the royal authority as aforesaid.

(16.) But although your Excellency's Charter should not even remotely interfere with the Charter of Harvard College, as we suppose it does; yet, if we have assigned other sufficient reasons against founding a College in Hampshire, prudential ones, drawn from the present state of Harvard College, from the circumstances of the country, and from the bad effects of such an institution in these circumstances; we flatter, or rather assure ourselves that these reasons will have their due weight with your Excellency.— And the sum of what we have offered with relation to this point is, that if a College should be founded in conformity to the Charter prepared to that end, we should then have two Colleges in this government, the extent of which does not certainly require more than one, and if it does not really require more than one, then the establishing another would unquestionably be prejudicial in divers respects; prejudicial to the general interest of learning, as well as to the particular interest, the growth, and prosperity of that which is already established. For by means of their separate interests, and a division of the strength, wealth, and affections of the people, naturally consequent thereon, neither of them would be suitably encouraged and endowed. Whereas one might probably be so, if there were only one, and all were happily united in the support and encouragement of it. And this one, in our opinion, would far better answer all the valuable ends of a College, than two rival Colleges, mutually cramped and kept poor by an opposition of in

terests; and this, we may add, at a much less expense to the Province or people, in the whole, than would be necessary to maintain two, though but meanly and parsimoniously; at the same time that setting up another College would be a very dangerous precedent.

(17.) We must entreat your Excellency's patience a little longer. You have too much candor and goodness, Sir, to impute it to us, as a criminal partiality, if we highly honour the memory of our forefathers; the first European settlers of this country. And on no one account, their unfeigned piety excepted, is their memory more respectable, more venerable to us, than on account of their known great regard for learning; their love and strong attachment to which prompted them so early, and while they were struggling with unnumbered difficulties to make an establishment for it, even in a wilderness. This they did at a great expense for them, considering their circumstances and abilities, however small it may seem in any other view; herein, probably, consulting the welfare of posterity and future ages, rather than their own immediate benefit. They did it with the pleasing hopes, that the Seminary of learning, of which they then laid the foundation, would at length, by the prudent care and the ingenuous liberality of successive generations, one day arrive to the dignity and extensive usefulness of an University, and become a distinguished ornament of the New World, in some measure as the Universities of Oxford and Cambridge were of the Old. And we cannot but think, that they were very happy in the choice of a situation for this Seminary, at once so healthy and agreeable, and as near as could well be in the centre, or at an equal distance from the eastern and western limits of the government; in which the common convenience was provided for. Nor was the prudence of the government less conspicuous in the provision made for the well ordering, for the instruction and government of this Society; particularly, if we may be allowed to say it, in respect of the persons to whom the inspection and oversight of it were committed; and who have all along given a vigilant and constant attention thereto. Which, by the way, they could not have done, to so good effect, had it been situated at a much greater distance from this capital.

(18.) We devoutly adore the good Providence of God, which hath from the beginning presided over this Seminary, and raised up worthy benefactors to it from time to time, as well in Europe as America. So that it hath, from its first institution, furnished

these churches with faithful and able ministers, and the Commonwealth with worthy members, by whom the important offices in the government have been sustained with ability, fidelity, and reputation.

(19.) Neither are we unmindful of, but gratefully acknowledge, the paternal regards which your Excellency, during your administration, has extended to the College; and the assurances you have been pleased to give us from time to time, that you would have a particular attention to the privileges, the honour, and interest of it. And indeed, Sir, it very natuarlly expects, as by us it now humbly implores, the continuance of your smiles, your favour, and protection, which it hopes it has not justly forfeited. And,

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(20.) We beg that your Excellency would not impute it in any degree to disaffection to your person or administration, if we appear somewhat zealous in opposition to a proposed institution, by means whereof, if it should take effect, we apprehend that the extensive, the truly noble design of our forefathers in founding Harvard. College, the prudent care of the government, and the vigilance of its more immediate guardians in times past (to say nothing of our own in particular), will be in a great measure really counteracted and defeated. Not disaffection to your Excellency, but a sense of duty to God, to the College, to the government, which committed this important trust to us; to the Commonwealth, to the present, and to future generations; this it is, Sir, that prompts us in making this remonstrance. And permit us to subjoin, that we never can, without the deepest regret and the greatest sorrow, see an institution take place, by means of which, we are fully persuaded, the pious and expensive cares of our forefathers, and their generous, public-spirited designs, will be frustrated; by means of which we shall be split into parties and factions of interfering interests, and such as will be particularly prejudicial to the advancement of learning; by means of which, the endowment of Professorships in the various branches will be obstructed, and the so much needed enlargement of the buildings of the College probably prevented; by means of which the College must needs decline and languish, instead of flourishing, as we might otherwise expect; by means of which Academical degrees, those needful aids of learning, will be comparatively of little worth or utility (since the honor that attends, and the good influence and effects of them are but in proportion to the extent and dignity, the reputation and honor of the College, or

University that confers them); in a word, by means of which we conceive, a most fatal blow will be given to the interest of learning in this country, and all this at a time, when the spirit of learning seemed to be reviving among us, and to appear more than it has in some former years (which may be attributed in part, to your Excellency's encouragement, and your smiles upon the College), and at a time, when, from the increase of our numbers and wealth, and the extension of his Majesty's dominion in America, there was ground to hope, that our College would soon emerge from its comparatively low and infant state, and acquire all the endowments, privileges, and dignities of an University!

(21.) These, Sir, were our hopes; and such as these are now our apprehensions of what will be the inevitable, the fatal consequence of founding another College as has been proposed. And while we view things in this light, as we cannot but view them, your Excellency will indulge us in expressing such apprehensions as these, with all the concern, the warmth, and pathos, that decency will permit. And upon the whole, we cannot but with great importunity, though with all proper respect and deference, make the two following requests to your Excellency.

(22.) One is, that you would not permit the aforesaid Charter of a College in Hampshire to issue, or take effect, since your Excellency lately gave us to understand that it was not irrevocable; and even invited us freely to assign our reasons and objections against it.

(23.) The other is, that you would not assist or encourage, but rather discountenance those persons who sued for said Charter, in any endeavours which they may hereafter use to obtain another, whether here or elsewhere, for the like ends and purposes.

(24.) Which requests we the rather hope your Excellency will be pleased to grant, not only since, as head of the Board of Overseers, of which we have the honour to be members, you will have a very peculiar and tender concern for the interests of the College, in whose behalf we more immediately intercede; but also since, as Governor of the Province, you will naturally have at heart the good of the whole which we cannot but consider as closely connected with the prosperity of that Society, and consequently with the prevention of a College, or collegiate school, in the County of Hampshire.

Boston, March 18th, 1762.

W. BRATTLE, by order.

No. XX. (p. 162.)

THIS BODY OF LAWS FOR HARVARD COLLEGE WAS MADE BY THE PRESIDENT AND FELLOWS THEREOF, AND CONSENTED TO BY THE OVERSEERS OF SAID COLLEGE, ANNO DOMINI 1734.

CHAPTER I.

About Admission into the College.

1. Whoever upon examination by the President, and two at least of the Tutors, shall be found able extempore to read, construe, and parse Tully, Virgil, or such like common classical Latin authors, and to write true Latin in prose, and to be skilled in making Latin verse, or at least in the rules of Prosodia, and to read, construe, and parse ordinary Greek, as in the New Testament, Isocrates, or such like, and decline the paradigms of Greek nouns and verbs, having withal good testimony of his past blameless behaviour, shall be looked upon as qualified for admission into Harvard College.

2. Every candidate for admission shall procure and keep by him a true copy of the College Laws, respecting his duty and privileges, which being signed by the President and major part of the Tutors, shall be his admission into the college.

3. None shall be admitted into the College, until his parent, guardian, or some other, pay five pounds to the Steward towards defraying his future College charge; and also give bond to the steward with security to his satisfaction in the sum of forty pounds to pay College dues quarterly as they are charged in the several quarter-bills, viz. the steward's, the glazier's, and the sweeper's; said bill being first signed by the President, and one at least of the Tutors. And in case of death or removal before College charges rise to the sum of five pounds, the Steward shall return the remainder to him that gave the bond.

4. None shall be admitted fellow commoner, unless he first pay one hundred pounds to the College Treasurer, for the time being; being for the use of the College; and every fellow commoner shall pay double tuition-money.

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