Charter of Bowdoin College; Togther with Various Acts F the Legislature, and the Decision of the Circuit Court, and the By-Laws of the Overseers

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1850 edition. Excerpt: ... State, as the founder, still retains the visitatorial power; and may restrain and control the Trustees, should they abuse their trust. St. John's CoZlege v. Toddington, 1 Burr. R. 200. This power of the State may be farther argued from the patronage it has bestowed; the visitation always following the patronage. 4 Wheat. R. 675. In the present instance it has also been expressly reserved. It is conceded, that the Legislature has not the right to " annul" the corporation; but it may take away any of its powers, and substitute others, whenever it may deem the interests of the institution to require it. Or it may lawfully resume to itself the power of appointing to office, fixing tenures, and filling vacancies in the corporations. Of the expediency of such a measure, it is not necessary now to speak; but the existence of the power, and the right to exert it, are clear. It was to an office subject to this legislative control, that the plaintiff was elected. Though a provision for the immunity of the College was inserted in the Act of Separation, yet he was aware that its effect might be done away by the joint power of the two States. And if, by a joint Act, they have modified the condition of the College, pursuant to such known powers, he has no right to complain. Nay more, it is proved that he himself procured the passage of the Act of 1820, of which he was strongly in favor; and his assent being, riot merely his official, but his private act, he is subject to all its consequences. The argument against the binding force of the Act of 1820, founded on the supposed want of assent on the part of Massachusetts, proceeds on a construction altogether too narrow. The meaning of all parties was, only that the power of control should not be assumed...