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ter.

XXXIIL

the bent of his mind to learning was strong, and, after CHAPTER a few months of preparative study, he entered the University, at the age of twenty. As a scholar his attain- His characments were substantial, embracing various branches of learning, but, mathematical science being most congenial to his taste and habits, he quitted his professorship for the presidency with reluctance. In communicating instruction, he united patience and facility with a thorough acquaintance with his subject. The urbanity and gentleness of his manners, and the prudence, firmness, and rectitude which characterized his course in the office of President, secured for his administration popularity and success, both with his pupils and with the public.*

* See "Eulogy at the Interment of the Rev. Dr. Webber, by Henry Ware, D. D., pronounced 20th July, 1810."

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CHAPTER
XXXIV.

Rev. John
Thornton
Kirkland
chosen

President.

CHAPTER XXXIV.

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John Thornton Kirkland elected President. The Act of 1810 repealed. -Proceedings thereon.― Act of 1810 revived with an Addition. — Levi Hedge appointed Professor. - The Boylston Medical Library and Fund for Prize Dissertations. -John Collins Warren and John Gorham, Adjunct Professors. James Jackson, Professor of Clinical Medicine, and of the Theory and Practice of Physic.- Bank Tax granted. Death of Professor Warren. John C. Warren elected his Successor. Jacob Bigelow, Professor of Materia Medica.-Walter Channing, Professor of Obstetrics. - Professor Dexter resigns.-John Gorham elected his Successor.-Joseph Green Cogswell, Professor of Mineralogy. - Professor Gorham resigns. —John White Webster elected his Successor.-A Church formed within the College walls. Trustees of the Dexter Fund. Samuel Parkman's Dona

tion.

- The Society for Theological Education constituted. — The Divinity School organized. — Divinity Hall erected. A Professorship of Greek Literature founded. Samuel Eliot; Andrew Eliot; John Eliot; William Havard Eliot; Samuel Atkins Eliot. Edward Everett and John Snelling Popkin successively Professors of Greek Literature. — The Royall Professorship of Law founded. Isaac Royall. Isaac Parker first Royall Professor.- University Professorship of Law, and the Law School, established. Asahel Stearns first University Professor of Law.

THE Rev. John Thornton Kirkland, having been elected in August, 1810, according to the customary forms, was in November inaugurated President of Harvard College. Dr. Kirkland had been sixteen years pastor of the New South Church in Boston, and in that relation had gained the affections and acquired the confidence of an intellectual, highly cultivated, and public-spirited class of men, who, in that day, took the lead in the town of Boston and its vicinity.*

* See Appendix, No. XXXIII.

XXXIV.

Bill to re

peal the act

of March,

1810.

Their influence introduced him into the chair of the CHAPTER University, and gave to his administration a uniform and characteristic support. The earliest event of general importance which subsequently occurred, related to the act which had been passed by the legislature in the preceding March, altering and amending the constitution of the Board of Overseers. In that period of high political excitement, every measure affecting general interests was viewed through a party medium; and, notwithstanding the obvious benefits conferred by that act on the institution, it had not passed without opposition. The relinquishment, by the Senate, of the right to sit as members of the Board of Overseers, had been opposed as unconstitutional, and as a disfranchisement of the Senate of the Commonwealth. In 1812, the opponents of the act obtained dominant influence in all the branches of the State government, and, without giving any notice to the Corporation or Overseers, or requesting their concurrence in the proposed modification of their rights, a bill was introduced into the Senate repealing the statute of 1810. The Corporation Corporaimmediately addressed a memorial to the legislature, requesting a hearing and the postponement of the bill. This memorial stated the disadvantages of the original constitution of the Board of Overseers, explained the beneficial alterations effected by the act of 1810, and the care taken to preserve unimpaired the ancient foundations of the College, and questioned the authority of the legislature to make alterations in the constitution of the board of Overseers, without the assent of that board and without granting a hearing to the Corporation. But on the 29th of February, 1812, the legislature, in direct opposition to this memorial, and without making any provision for the consent of the

tion peti

tion for a

hearing,

which is

not grant

ed,

XXXIV.

CHAPTER Corporation and Overseers, repealed the act of March, 1810, and enacted, that the board of Overseers should thereafter "be constituted in the same way and manand the act ner, and be composed of the same persons and no other, that it would have been, had the same act never been passed."

is repealed.

Proceedings of the Corporation there

on;

On the 15th of April, the Corporation took the provisions of this act into consideration, and passed a vote declaring, that the act of March, 1810, "derived its ultimate authority from the assent of the Corporation and Overseers thereto given," and that, "in the opinion of the Corporation, the act last passed can have no legal effect or operation until the provisions thereof be assented to by the Overseers and Corporation. And, it further appearing to the Corporation, that the said act of 1810 contained provisions extremely beneficial to the University, the Corporation, in faithfulness to the best interests of the University, are bound not to assent to the act last passed, unless the board of Overseers, appointed by said act of 1810, shall decline to exercise its powers as constituted by said act." The Corporation then desired and of the the President to call a meeting of the Overseers and pray them to take the subject into consideration. This board met on the 21st of April; and on the 4th of May a committee appointed on the subject, of which the Hon. Christopher Gore was chairman, reported, that, having taken the votes of the Corporation into consideration, "they were impressed with a full conviction, that the President and Fellows of Harvard College, as well in their deliberations as in the decision now submitted to the board, have been guided by faithfulness to the best interests of the University, but that it is expedient to wave all opinion

Overseers.

XXXIV.

Organizaboard of

tion of a

Overseers

under cach

act.

on the validity of the act of 1812; reflecting, at the CHAPTER same time, that the subject involves the rights and interests of the University and of other persons, who may claim to be Overseers of Harvard College, as well as the rights and duties of the members of this board, they further report that some measures should. be devised and adopted for procuring, agreeably to the Constitution of the Commonwealth, the opinion of the Supreme Judicial Court on the validity of the act of 1812." During these proceedings the political relations of Massachusetts were changed, and the government of the State was again placed under the same leading influences as had obtained the act of March, 1810. The board of Overseers organized under that act, and the board organized by the act of 1812, met in different chambers, on the 3d of June, 1812. By the former a vote was passed, that "this board, having taken into consideration the act, entitled 'An act to repeal an act to alter and amend the constitution of the Board of Overseers of Harvard College, and to regulate certain meetings of that board,' are of opinion, that the same is not obligatory on this board without their express assent, and that it is not competent to the legislature to make any laws affecting the visitatorial powers of the Corporation, or changing its government, unless such consent be obtained. But as, under present circumstances, the board is not disposed to bring its rights to the test of judicial decision, therefore voted, that the Secretary be directed to carry the records and proceedings of the College, as specified in the said act, before the new board, being to be held this day in the Senate chamber, reserving to themselves and to each of them all the rights of contesting the validity of

Vote and proceedings of the ganized

board or

under the

act of 1810.

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