USA > Maine > Kennebec County > Waterville > The history of Colby College > Part 78
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Section 5. And be it further enacted that the said Corporation may have one common seal, which they may change, break or renew at their pleasure; and that all deeds signed and delivered by the Treasurer, and sealed with their seal by order of the Corporation, shall, when made in their corporate name, be con- sidered in law as the deed of said Corporation. And that the said Corporation may sue and be sued, in all actions real and personal, and may prosecute and defend the same to final judgment and execution, by the name of the President and Corporation of the Maine Literary and Theological Institution. And that the said Corporation shall be capable of having, holding and taking in fee simple or any less estate, by gift, grant, devise or otherwise, any lands, tenements, or
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other estate real or personal. Provided nevertheless, that the annual clear income of the same shall not exceed thirty thousand dollars.
Section 6. And be it further enacted that the said Corporation shall have full power and authority to determine at what times and places their meetings shall be holden, and on the manner of notifying the Trustees and Fellows to con- vene at such meetings. And also from time to time to elect a President of said Institution, and such Professors, Tutors, Instructors and other officers as they shall judge most for the interest thereof, and to determine the duties, salaries, emolu- ments and tenures of their several offices. The said President for the time being, when elected and inducted into his office, to be ex-officio President of the said Corporation. And the said Corporation are further empowered to purchase or erect, and keep in repair, such houses and other buildings as they shall judge necessary for the said Institution; and also to make and ordain, as occasion shall require, reasonable rules, orders and by-laws, not repugnant to the laws of this Commonwealth, with reasonable penalties for the good government of said Insti- tution, and also to determine and prescribe the mode of ascertaining the qualifica- tions of the students requisite to their admission. Provided nevertheless, that no corporate business shall be transacted at any meeting unless thirteen of the Cor- poration are present.
Section 7. And be it further enacted that the President, Professors and Fel- lows of the said Institution are hereby empowered to confer degrees of Bachelor of Arts and Master of Arts.
Section 8. And be it further enacted that the clear rents, issues and profits of all the estate, real and personal, of which the said Corporation shall be seized or possessed, shall be appropriated to the endowment of the said Institution in such manner as shall most effectually promote virtue and piety, and the knowledge of such of the languages and liberal arts and sciences as shall hereafter be directed from time to time by the Corporation.
Section 9. Be it further enacted that the Hon. John Woodman, Esq. be and is hereby authorized and empowered to fix the time and place for holding the first meeting of the said Corporation, of which he shall give notice by an ad- vertisement in a Portland and one other eastern paper, at least fourteen days previous to the time of said meeting.
Section 10. And be it further enacted that the Treasurer of said Corpora- tion, shall, before he enters upon the execution of the duties of his office, give bonds to the Corporation in such sums and with such sureties as they shall ap- prove of, conditioned for the faithful discharge of the said office, and for render- ing a just and true account of his doings therein, when required. And that all the money, securities, and other property of the said Corporation, together with all the books in which his accounts and proceedings as Treasurer were entered and kept, that shall be in his hands at the expiration of his office, shall upon demand made upon him, his executors or administrators, be paid and delivered over to his successor in that office. And all monies recovered by the virtue of any suit at law, upon such bond, shall be paid over to the Corporation aforesaid and subjected to the appropriation above directed in the Act.
Section 11. And be it further enacted that the Legislature of this Com- monwealth may grant any further powers to, or alter, limit, annul, or restrain, any of the powers of this act vested in the said Corporation, as shall be judged necessary to promote the best interest of said Institution. And the said Corpora- tion shall be holden to render an account to the Legislature, whenever they see
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fit to require it, of all their proceedings and the manner of disposing of the funds of the Institution.
Section 12. And be it further enacted that there be and hereby is granted a township of land, six miles square, to be laid out and assigned from any of the unappropriated land belonging to this Commonwealth in the District of Maine, under the same restrictions, reservations and limitations as other grants for similar purposes are usually made. The same to be vested in the Corporation of said Institution, and their successors forever, for the use, benefit and purpose of supporting said Institution, to be by them holden in their corporate capacity, with full power and authority to settle, divide and manage the same tract of land or township, or any part thereof, or to sell, convey or dispose of the same for set- tlement only, and to no one person a larger quantity than one thousand acres, in such way and manner as shall best promote the welfare of the said Institu- tion, the same to be laid out under the direction of the Committee for the Sale of the Eastern Lands, and a plan or plans thereof returned into the Secretary's office.
Appendix D.
THE ORIGINAL CHARTER OF THE COLLEGE
Laws of Massachusetts, 1813-1815, Chapter CXXXI, An Act to establish a Literary Institution in the District of Maine within this Commonwealth. (Signed by the Governor, February 27, 1813)
Section 1. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by authority of the same, that there be erected and established in the District of Maine, in the township hereafter mentioned, a Literary Institution for the purpose of educating youth, to be called and known by the name of the Maine Literary and Theological Institution, to be under the government and regulation of a body politic, as in this Act is hereafter described.
Section 2. Be it further enacted that Daniel Merrill, Caleb Blood, Sylvanus Boardman, Thomas Green, Robert Low, Benjamin Titcomb, Thomas Francis, Ransom Norton, Daniel McMaster, Hon. James Campbell, Samuel Stinson, John Hovey, David Nelson, Alford Richardson, John Haynes, Samuel Baker, Joseph Bailey, Phineas Pillsbury, Hezekiah Prince, Moses Dennett and John Neal, to- gether with the President and Treasurer of the said Institution for the time be- ing, to be chosen as in this Act is hereafter directed, be and hereby are elected a body politic and corporate by the name of the President and Trustees of the Maine Literary and Theological Institution; and that they and their successors, and such as shall be duly elected members of the said Corporation, shall be and remain a body politic and corporate by that name forever.
Section 3. Be it further enacted that, for the more orderly conducting the business of the said Corporation, the President and Trustees shall have full power and authority, from time to time as they shall determine, to elect a Vice-President,
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Treasurer and Secretary of said Corporation, and to declare the tenure and duties of their respective offices, and also to remove any Trustee from the said Corpora- tion, when in their judgment he shall be rendered incapable by age or otherwise, of discharging the duties of his office, and to fill up all vacancies in the said Cor- poration, by electing such persons for Trustees as they shall judge best. Pro- vided nevertheless, that the number of the said Corporation, including the Presi- dent and the Treasurer for the time being, shall never be greater than thirty-one nor less than twenty-one.
Section 4. Be it further enacted that the said Corporation may have one common seal, which they may change, break or renew at their pleasure; and that all deeds signed and delivered by the Treasurer and sealed with their seal, by order of the Corporation, shall, when made in their corporate name, be con- sidered in law as the deed of said Corporation; and that the said Corporation may sue and be sued, in all actions real, personal and mixed, and may prosecute and defend the same to final judgment and execution, by the name of the President and Corporation of the Maine Literary and Theological Institution; and that the said Corporation shall be capable of having, holding, and taking in fee simple, or any less estate, by gift, grant, devise or otherwise, any lands, tenements or other estates real or personal. Provided nevertheless, that the annual clear income of the same shall not exceed the sum of thirty thousand dollars.
Section 5. Be it further enacted that the said Corporation shall have full power and authority to determine at what times and places their meetings shall be holden, and on the manner of notifying the Trustees to convene at such meetings, and also from time to time to elect a President and Treasurer of the Institution, and such Professors, Tutors, Instructors and other officers as they shall judge most for the interest thereof, and to determine the duties, salaries, emoluments, and tenures of their several offices. The said President for the time being, when elected and inducted into his office, to be ex-officio President of the said Cor- poration; and the said Corporation are empowered to purchase or erect, and keep in repair, such houses and other buildings as they shall judge necessary for the said Institution, and also to make and ordain, as occasion may require, reason- able rules, orders and by-laws, not repugnant to the laws of this Commonwealth, with reasonable penalties for the good government of said Institution, and also to determine and prescribe the mode of ascertaining the qualifications of the students requisite to their admission. Provided nevertheless, that no corporate business shall be transacted at any meeting unless thirteen at least of the Corporation are present.
Section 6. Be it further enacted that the clear rents, issues and profits of all the estate, real and personal, of which the said Corporation shall be seized or possessed, shall be appropriated to the endowment of said Institution, in such manner as shall most effectually promote virtue and piety, and a knowledge of such of the languages, and of the liberal arts and sciences, as shall hereafter be directed by the said Corporation.
Section 7. Be it further enacted that the Hon. John Woodman, Esq. be and is hereby authorized and empowered to fix the time and place for holding the first meeting of the said Corporation, of which he shall give notice by an advertisement in a Portland and one other eastern newspaper at least fourteen days previous to the time of said meeting.
Section 8. Be it further enacted that the Treasurer of said Corporation shall, before he enters upon the duties of his office, give bonds to the said Corpora-
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tion, in such sums and with such sureties as they shall approve of, conditioned for the faithful discharge of said office, and for rendering a just and true account of his doings therein, when required; and that all the money, securities and other property of said Corporation, together with the books in which his accounts and proceedings as Treasurer were entered and kept, that shall be in his hands at the expiration of his office, shall, upon demand made upon him, his executors or administrators, be paid and delivered over to his successor in that office, and all monies received by virtue of any suit at law, upon such bond, shall be paid over to the Corporation aforesaid and subjected to the appropriation above directed in the Act.
Section 9. Be it further enacted that the Legislature of this Commonwealth may grant any further powers to, or alter, limit, annul or restrain any of the powers by this act vested in the said Corporation, as shall be judged necessary to promote the best interests of the said Institution; and the said Corporation shall be holden to render to the Legislature, whenever they shall see fit to require it, an account of all their proceedings and the manner of disposing of the funds of said Institution.
Section 10. Be it further enacted that there may be and hereby is granted a township of land six miles square, to be laid out and assigned from any of the unappropriated lands belonging to this Commonwealth in the District of Maine, under the same restrictions, reservations and limitations as other grants for similar purposes are now usually made; the same to be vested in the Corporation of the Institution and their successors forever, for the use, benefit and purpose of sup- porting said Institution, to be by them holden in their corporate capacity, with full power and authority to settle, divide and manage the same tract of land or township, or any part thereof, or to sell, convey or dispose of the same, for set- tlement only, and to sell to no one person a larger quantity than one thousand acres, in such way and manner as shall best promote the welfare of said Institution; the same to be laid out under the direction of the Committee for the Sale of the Eastern Lands, and a plan thereof returned to the Secretary's office within three years after the expiration of the present war with Great Britain.
Appendix E.
ORIGINAL GRANT OF LAND
Instrument signed by William Smith, Agent for the Eastern Lands of the Commonwealth of Massachusetts, June 12, 1815.
Whereas, by a resolve of the General Court of the Commonwealth of Massa- setts, passed February 15, 1815, the Agent for the Sale of the Eastern Lands was authorized to give a deed of Township Number Three on the west side of the Penobscot River, purchased of the Indians, to the Trustees of the Maine Literary
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and Theological Institution, with the reservation of 2600 acres for purposes therein mentioned, and also with the usual reservation and restriction made in other grants for similar purposes;
Now therefore I do, in behalf of the said Commonwealth, assign, relinquish and quit-claim to the Trustees of the Maine Literary and Theological Institu- tion all right, title and interest of Said Commonwealth in a township of land Num- ber Three on the west side of the Penobscot River, being one of the townships purchased from the Penobscot tribe of Indians, containing 29,164 acres, as the same was surveyed by Park Holland, Jonathan Maynard and John Chamberlain, by direction of Salem Town in the year 1797, bounded as follows: east by the Penobscot River, south by Township Number Four, west by Township Number One of the fourth and fifth ranges of townships north of the Waldo Patent, north by Township Number One in the first and second ranges of the townships pur- chased from the Indians-reserving, however, 2600 acres laid out or to be laid out in lots of 100 acres each, on a road to be made through the said township agreeable to a contract entered into by the undersigned agent with John Bennock, which lots are reserved for the purpose of defraying the expense of making said road. Further conditioned that the said Trustees and their successors shall lay out and convey to each settler who settled said tract before January 1, 1784, or to his heirs or assigns, one hundred acres each in fee simple, and so laid out as best to include the settler's improvements and to be least injurious to the ad- joining lands; and they shall also lay out four lots of 320 acres each for the fol- lowing uses: one lot for the use of the ministry; one for the first settled minister; one for the use of schools; and one for the future disposition of the General Court; and they shall also settle in said township twenty families in six years from the date hereof, including those now settled thereon.
Under the above conditions the Trustees of the Maine Literary and Theo- logical Institution shall have and hold the aforegranted premises forever, for the use, benefit and purpose of supporting said Institution, and to be by them holden in their corporate capacity in full consideration for the grant made by an act passed February 27, 1813.
Appendix F.
AMENDMENT OF CHARTER RE LOCATION OF INSTITUTION
Laws of Massachusetts, 1816-1818, Chapter VIII.
An act in addition to an act, entitled "An Act to Establish a Literary Institution in the District of Maine within this Commonwealth."
Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, that the Maine Literary and Theo- logical Institution be, and they hereby are authorized and empowered to locate
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and establish their buildings in any town within the counties of Kennebec or Somerset, anything contained in the first section of an act entitled "An act to establish a Literary Institution in the District of Maine within this Commonwealth" to the contrary notwthstanding. (Approved by the Governor, June 15, 1816)
Appendix G.
DEED OF THE LOT IN WATERVILLE ON WHICH THE COLLEGE WAS ORIGINALLY BUILT.
Know all men by these presents, that I, Robert Hallowell Gardiner of Gardiner, in the County of Kennebec, Esquire, in consideration of $1797.50, paid by the President and Corporation of the Maine Literary and Theologcal Institution, the receipt whereof I do hereby acknowledge, do hereby give, grant, sell and convey to the said President and Corporation, their successors and as- signs, a certain tract of land, situate in Waterville in the said county, being Lot Number Ten, and bounded easterly by the Kennebec River, westerly by the mile-and-a-half stream, northerly by Lot Number Eleven, and southerly by Lot Number Nine, containing about one hundred and seventy-nine acres and three- fourths of an acre-excepting any roads through the same-being part of fifteen mile Lot B One, as delineated upon the plan of division made for the heirs of Benjamin Hallowell, Esq. by Samuel Adams and Lemuel Pelham Esquires, and dated reference thereto being had for a more particular description; to have and to hold the aforegranted premises to the said President and Corporation, their successors and assigns, to their use and behoof forever. And I do covenant with the said President and Corporation, their successors and assigns, that the afore- granted premises are free of all incumbrances by me made; that I have good right to sell and convey the same to the said President and Corporation, against the lawful claims and demands of all persons; excepting, however, from my said covenant of warranty any claim or title commencing by disseisin, or by virtue of a possession or improvement, or from sales for non-payment of taxes.
In witness whereof, I, the said Robert Hallowell Gardiner, and I, Jane the wife of the said Robert, in token of my relinquishment of my right of dower in the premises, have hereunto set our hands and seals this twenty-ninth day of July in the Year of Our Lord one thousand eight hundred and eighteen.
(Signed) R H Gardiner Emma J. Gardiner
Witnesses: David Agry James H. Patterson
Kennebec S.S. Rec'd June 22, 1822 and entered with the Records of Deeds, Book 42, page 329
Allen John Hovey, Register
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Appendix H.
LETTER FROM MRS. JEREMIAH CHAPLIN TO A FRIEND IN DANVERS, MASSACHUSETTS.
Started aboard the Sloop Hero on June 20, 1818, and continued after her arrival in Waterville.
My dear Friend:
Not knowing but we might speak with some vessel bound for Salem, I avail myself of the present opportunity of acquainting you with our situation. We are more comfortably accommodated than might be supposed in such a small vessel. We have prayers on board morning and evening and find it quite pleasant em- ployment to engage in singing psalms, hymns and spiritual songs.
We are now about half a mile from Marblehead, so you see although we move we do not progress on our way eastward. I am not, however, anxious about it, knowing that He who holds the winds in His fists and the waters in the hollow of His hand knows how to manage them and does all things well.
10:00 o'clock. The breeze freshens. We are now going farther from our dear Danvers friends, but we are neither of us farther from our Covenant God. The sea is His and His hand formed the dry land. Whether we are in the most pleasant part of America or the cold region of Greenland, or whether we dwell in India's sultry climes, the Lord is near.
4:00 afternoon, off Cape Ann. All very comfortable. We have now a view of Agamenticus in old York.
One of the monsters of the deep, a whale, has just elevated himself above the surface of his liquid abode and shown himself, although at a distance of three or four miles, but the great whale and sea serpents with all their terrific associates which inhabit the mighty deep are subjects of Him who made them and will prove harmless as doves if their almighty Maker commands them.
It is to me a consolation that I have every reason to believe that to do good is the greatest of the objects Mr. Chaplin has in view in moving to Water- ville. What the event will be we know not, but a reflection that the desire to be useful governed our conduct will support us amidst unkind reflections or ad- verse scenes.
Sabbath morning, 10:00 o'clock. We have just entered the Kennebec river. Have left the salt water to sail on the fresh. Our vessel is no more tossed with boisterous waves, but is calm and unruffled. It is also very convenient to the mariner, as he may quench his thirst with pure water and cool, as often as he wishes.
It has been really pleasant as we sailed up the river to observe now and then a meetinghouse. We saw a decent looking one at Phippsburg situated on rising grounds. I wondered where the people could come from to attend it, but soon saw some on horseback and some on foot ascending the hill. It is de- lightful sailing on this river this season of the year. In a few minutes we could reach the shore on either side, which is settled all the way and which is beauti- fully shaded by trees. Many of the houses are good, some of them handsome, and chief of them bespeak the industry and neatness of the owners.
Many of our western friends entertain erroneous opinions about this part of the country. It seems very pleasant in many places and handsomely settled.
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After we left Bath we set sail for Gardiner, but the wind lost its breath, anchor was cast, and we stopped seven miles the other side. The heat was so oppres- sive, the vessel so small, and the children so uneasy, it was thought not expedient to have public worship until the cool of the day. We drank tea early, then took the boat and went on shore. The right hand side was in the town of Dresden and the left hand side the town of Bowdoinham. It was on the latter we landed. The meeting was opened and closed by prayer. Mr. Chaplin and Mr. Dilway spoke from Psalm 107. Our congregation was small. It consisted of Mr. Chap- lin, myself and children, and those who accompanied, and the mate of the ves- sel, but we trust there were enough to claim the gracious presence of our blessed Savior.
In the afternoon of Monday we set sail about 4:00 o'clock and arrived in Gardiner, where we stayed all night. It is a pretty place where considerable business is transacted. In the morning we sailed for Augusta. At 10:00 o'clock we passed by Hallowell, which as we passed formed a very handsome appearance. At 11:00 o'clock our vessel struck aground, which prevented our going so near to Augusta as we had intended. Mr. Chaplin and the young men went on shore and walked to the town. Mr. Chaplin called upon Squire Hovey, who had previ- ously given an invitation to visit him. The family were so kind as to send for the rest of us, who accordingly stepped into a boat and went to the landing place, where a chaise was in readiness to take us to the house. We were kindly re- ceived and hospitably entertained that day and night and part of the next day. As there is no Baptist church in Augusta, Mr. Hovey, wife and daughter, belong to the church in Hallowell, which is as yet in an infant state and consists of few members.
Wednesday afternoon about 2:00 o'clock we left the place and took one of those long boats which are much used in the Kennebec river and which, being made with a booth at one end, are very convenient for the transportation of families as well as goods. We thought it would be more pleasant and less fatigu- ing than to go in a carriage. Part of the time we could easily have stepped from the boat to the shore, the distance was so small, which the brethren did several times and walked some way. Sometimes, when the wind was unfavorable, it was found necessary to go to shore and procure oxen who, standing on the water's edge with a rope fastened to them and to the boat, must assist its mo- tion. We went along with their assistance, but as the wind was several times faint and weak, the men took the rope and helped us along. Night beginning to draw the curtain of darkness around us, when we were three or four miles from Waterville, it was thought best not to proceed until the light of another day dawned upon us. Accordingly a young man went before us to procure us a lodg- ing. The family where we stayed seemed pleased to have family prayers and singing, and regretted that they could not accommodate us better. Early on Thursday morning we again set out. A boat with two men and two women in it was quite near us for a considerable time. Once their boat was so near ours that one of the women offered us a pinch of snuff. I told them if they had come rather sooner I would have invited them to take breakfast with us, but we had just finished our morning repast. I inquired if they lived at Waterville. She replied they lived at Winslow on the opposite side of the river. At Winslow is a meetinghouse, very pleasantly situated, by which we passed, but which is not supplied with a minister. I requested them to visit us on the Sabbath and invite their neighbors, as there would be preaching at Waterville, for we meant to have
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