f the Honorable Legislature, passed in June
and December, A. D. 1816, relating to this institution. Those acts are
before the public and are generally understood.

"The Board of Trustees, as constituted by the Charter of 1769, at
their annual meeting in August last, took into consideration the act
of June, and adopted a resolution, 'not to accept its provisions.' In
the preamble to this resolution, we find a paragraph in the words
following: 'They (the Trustees) find the law fully settled and
recognized in almost every case which has arisen, wherein a
corporation or any member or officer is a party, that no man or body
of men is bound to accept, or act under, any grant or gift of
corporate powers and privileges; and that no existing corporation is
bound to accept, but may decline or refuse to accept any act or grant
conferring additional powers or privileges, or making any restriction
or limitation of those they already possess; and in case a grant is
made to individuals or to a corporation without application, it is to
be regarded not as an act obligatory or binding upon them, but as an
offer or proposition to confer such powers and privileges, or the
expression of a desire to have them accept such restrictions, which
they are at liberty to accept or reject.'

"If the doctrine contained in this paragraph be correct, and of its
correctness the undersigned, after ascertaining the opinion of eminent
jurists in most of the New England States, entertain no doubt, the act
of June, and of course the acts of December, have become inoperative,
in consequence of the nonacceptance of them by the Charter Trustees,
and the provisions of these acts are not binding upon the corporation
or its officers. We take the liberty to add, that, in our opinion, the
reasons assigned by the Trustees in the preamble before mentioned for
not accepting the act of June, are very important and amply
sufficient. Indeed, it has ever appeared to us, that the changes
proposed to be introduced into the charter by the acts in question,
would have proved highly inauspicious to the welfare of this
institution, and ultimately injurious to the interests of literature
throughout our country.

"The Trustees appointed agreeably to the provisions of the act of June
have, however, thought proper to organize, without the concurrence of
the Charter Trustees, and to perform numerous decisive acts.

"At a meeting in Concord on the fourth instant, they brought sever