The sun. [volume] (New York [N.Y.]) 1833-1916, 1896-12-25


funds were placed by an act Of the Genera
Court in the hands of a Board Of overseer'
who were to be 1.-THE Governor and Deputy
Governor for the time being, and all the
magistrates Of this jurisdiction. together
with the teaching elders OF the six next ad'
joining towns, viz, Cambridge, Watertown,
Charlestown, Boston, Roxbury, and Dor.
chester" This board seems to have formed
too large a body to carry on the immediate
direction of the college, and in 1850 a
charter was granted by the General Court
whereby the college was made a cor
poration consisting Of the President,
FIVE Fellows, and the Treasurer, to
have perpetual succession by the election of
members to supply vacancies. This act,
however, contained n provision that all or
ders and bylaws of the corporation should
have the consent of the Overseers before
they went into operation. This provision
was found inconvenient in practice, and in
1852 a law was passed called IAN Appen-
dix to the College Charter" whereby the
acts Of the corporation were declared to
have immediate force and effect, and to be
merely "alterable" by the Board of Over
seers, to whom the corporation was to be
Irresponsible"
The Corporation and the Board of Over
seers remain to the present time the govern
ing powers of Harvard University, and the
a~bove-named Charter, with its Appendix, is
now in force precisely as first drafted. Sew
eral attempts, indeed, were made during the
first sixty years of its existence to alter 1t
or substitute another in its place, but these
failed to obtain the sanction either of the
King or Governor, and in 1907 the General
Court reasserted the integrity and bind
ing character OF the Charter of 1860,
which, as we have said, remains "the
venerable source of collegiate author
ity" unto this day. In 1850, when n
Constitution was framed for the new Com
monwealth of Massachusetts, certain
articles were introduced assuring to the
President and Fellows of Harvard College
the perpetual enjoyment Of all their vested
rights and powers, and providing for the
organization Of the Board of Overseers.
These, it was declared, should consist of the
Governor, Lieutenant-Governor Council,
and Senate OF the Commonwealth, together
with the President of Harvard College for
the time being, and the ministers of the
Congregational churches in the towns
OF Cambridge, Watertown, Charlestown,
Boston, Roxbury, and Dorchester. In
February, 1914, the General Court
passed an act authorizing the corporation of
Harvard College to hold lands to the yearly
value of $4,000. in addition to what they
were already authorized to hold, and in nd
dition to the college buildings. All previous
limitations to the power Of the President
and Fellows to hold real estate were removed
on March ID, 1889. An unlimited power of
holding personal property had been con-
ferred by the charter OF 1850.
1t remains to notice the changes in the
composition OF the Board of Overseers
whereby the college was eventually freed
from political and religious control. We
have mentioned that under the act of 1G42
and the State Constitution of 1850,
the board was composed OF the Governor,
Lieutenant-Governor Council, and Senate
of Massachusetts, and the Congregational
ministers Of certain specified towns. In the
early days Of the college this enumeration
included almost all the educated men of the
colony: but in the course OF time other
classes rose to power and influence, and it
became desirable that the Overseers should
include other persons eminently qualified
for such o position, and that the right to IA
seat at the board should be no longer Incl
dental and casual, but be made elective
and permanent. Many OF the members of
the Senate. also, desired to be relieved
of their duties TOWARD the college. Accord
ingly, In March. 1910, the State Legislature
enacted that the Governor. L~ieutenant-Gov-
arnar Tnnrso1Iore D.a,;Io-t ~ A., c----
and Speaker Of the House of Representa-
tives, and the President Of the college for
the time being, with fifteen ministers of
churches and fifteen lay
men, "all inhabitants within the State"
the said thirty to be elected by the
Of the major part of the Over
seers present at a legal meeting, should
forever thereafter constitute tho Board
of Overseers at Harvard College. This
act was to come into force when
by the corporation and the
Overseers; which acceptance was secured
in the same year. The principle that
the Commonwealth could not change the
constitution Of the college without the
of the corporation and the Over
seers was thus distinctly recognized. In
1919, however, the Legislature. in direct
opposition to q memorial from the corpora
ton. and without making any provision for
the consent of the corporation or Overscers,
this act, and restored the former
Of the board; but in 1914 the
act OF 1912 was itself repealed and thai of
1910 reGnacted, with the addition that
the Senate of the Commonwealth should in
future form part OF the Board of Overseers.
This act contained the desired provision
it should not take effect unit it was
by the Overseers and by the cor
poration; acceptance was obtained from
both boards in the same year.
We pass to the elimination of sectarian
control. Up to 1884 clergymen, to be eligi-
BILE to the Board OF Overseers, must be Con-
gregationalists; but an act was passed by
the Legislature of that year opening the
board to clergymen of all denominations.
This act was accepted by both branches of
the college government in 1912. Eight
later an act was passed, and accepted
by the college. which materially changed
the organization of the Board of Overseers