denominated University Professor of Law, who shall reside in Cambridge, and open and keep a school for the instruction of graduates of this or any other university, and of such others as, according to the rules of admission, as attorneys, may be admitted after five years study in the office of some Counsellor.

2, That it shall be the duty of this officer, with the advice of the Royall Professor of Law, to prescribe a course of study, to examine and confer with the students upon the subjects of their studies, and to read lectures to them appropriate to the course of their studies, and their advancement in the science, and generally, to act the part of a tutor to them, in such manner as will improve their minds and assist their acquisitions.

3, The compensation for this instruction is to be derived from the students; and a sum not exceeding one hundred dollars a year shall be paid by each one attaching himself to this school; but this sum shall be subject to be reduced hereafter by the Corporation, if, in their judgment the emoluments of the school shall make such reduction reasonable, and consistent with the interests of the establishment.

4. The students shall have access to the college library on such terms as the Government of the University shall prescribe, and a complete Law Library be obtained for their use as soon as means for that purpose may be found.

5. The students shall be permitted to board in commons on the same terms as the other members of the college; and such accommodation shall be afforded them in respect to lodging rooms, as may consist with the urgent claims of the existing establishment.

6, As an excitement to diligence and good conduct, a degree of bachelor of laws shall be instituted at the University, to be conferred on such students as shall have remained at least eighteen months at the University School, and passed the residue of their noviciate in the office of some counsellor of the Supreme Court of the Commonwealth, or who shall have remained three years in the school, or if not a graduate of any college, five years, provided the Professor having charge of the same shall continue to be a practitioner in the Supreme Judicial Court.

7. The students shall have the privilege of attending the lectures of the Royall Professor of Law, free of expense, and shall have access to the other Lectures of the University usually allowed to be attended by resident graduates, without charge, or for such reasonable compensation, as the Corporation, with the assent of the Overseers, shall determine.

8, The law students shall give bonds for the payment of the college dues, including the charge of the Professor for instruction, which shall be inserted in the quarter bills and collected by the college officer; and the sums received for instruction, shall, when received be paid over by said officer to the Professor.

9, The Law Students shall be on the same footing generally, in respect to privileges, duties and observances of College regulations, as by the laws pertain to resident graduates.

Voted That the foregoing votes constituting a new department at the University be laid before the Overseers that they may approve the same if they see fit.

Agreeably to the statutes relative to a Law School at the University, Ballots being brought in the Hon. Asahel Stearns was chosen.

These votes being laid before the Overseers, on May 15, 1817, referred to a committee consisting of Hon. Timothy Bigelow, Hon. Artemas Ward and Hon. Judge (Charles) Jackson (the latter a judge of the Massachusetts Supreme Court, and elected as Overseer in 1816, on the death of Samuel Dexter). On June 12, 1817, there being present "His Excellency Gov. Brooks and most of the Hon. Council and the Hon. Senate, President Kirkland, Rev. Richard R. Eliot, Rev. Dr. Porter, Rev. Dr. Harris, Rev. Mr. Gray, Rev. Charles Lowell, Rev. John Codman" it was voted to concur with the Corporation and also "to proceed to the choice of a gentleman to reside at Cambridge as Professor of Law."

At a later meeting on June 26, Hon. Asahel Stearns was unanimously elected; and Hon. Charles Jackson, Rev. Mr. Dexter, and Hon. William Prescott were appointed a committee "who with the committee of the Corporation, Hon. John Phillips and the President, were to wait upon Mr. Stearns and request his acceptance."

While the legal conditions of the times may have been ripe for a Law School, the financial and social conditions made it a bold and hazardous experiment.

The War of 1812 had left New England, and especially Massachusetts, in an impoverished condition. Its shipping had been ruined by the war, and the coming of peace wrecked its newly budding manufactures. English goods flooded in from overstocked England and ruinously undersold American manufacturers. Most of the large cotton and woolen factories closed their doors. The population of New England increased slowly; for thousands of its families emigrated to Western New York and the new Middle States-a movement facilitated by the increase of turnpikes and the introduction of the steamboat. The new tariff of 1816 did not give the impetus to manufactures that

had been hoped for. To add to the troubles, disorder in the currency set in, caused partly by the fever of Western land speculation, partly by bad banking. The chartering of the United States Bank in 1816 had not materially helped matters. And by 1817, the hard times were seriously felt by the people at large. (1)

It was, therefore, an unfortunate period in which to expect many families to send their sons to a collegiate institution, to acquire a legal education-expensive, as compared to former methods; although, it is true, the expenses of a student in those days do not seem heavy in comparison with those of the present day. Thus, in the President's first Annual Report, of January 1827, the estimate of necessary expenses was as follows: steward and commons, $10; board, 38 weeks, at $1.75, $66.50; instruction, average, $55; rent of study in college, average, $11; library, $3; text books, $12.50; charges for lecture rooms, general repair, care of chamber, catalogue, $14; total, $172.00; wood, commonly about $7; a room in a private house from $30 to $45 a year; washing, $3 to $5 a quarter; board in town, $1.75 to $3 a week. (2) And a law student's expenses would be about the same, with $100 for tuition.

Nevertheless, that Harvard College was regarded as an expensive place, is illustrated by a letter from John Randolph, of Roanoke, to Josiah Quincy, Dec. 11, 1813, written from Richmond (3):

I had like to have forgotten to tell you that your University is decried in this quarter. The change of Socinianism we once discussed together; but a heavier one is now advanced against

(1) See Adams' History of United States, Vol. IX, Chapters IV and VII; and McMaster's History of United States, Vol. IV.

(2) See Letter of J. Sparks to Davis Hund, May 23, 1812: "The Quarter bill for board, tuition, room rent, etc., will generally average about $45 a quarter ($180 a year). Some other contingencies will make college expenses about $200 a year, and considering clothes a person may be considered very economical if his yearly expense do not exceed $250. There are more who spend $500 than there are who fall short of $250.' And see letter of Charles Folsom to Sparks, July 17, 1829: "The steward estimates every necessary expense of a student (supposing him to have a chum) at $190, i. e., exclusive of clothes, washing and pocket money, call it $200. Diminish this by the average of the benefactions stated above (the largest $60, the least $15) and you have what I suppose you want. For a distinguished scholar (not college freshman-five who receive $120 each and four who have charge of recitation rooms, $60 each) I suppose the average to be about $150 per annum.' Life and Writings of Jared Sparks, by Herbert B. Adams (1893). (3) Memoir of Josiah Quincy, by Edmund Quincy (1867).

you at least, according to the maxims of this calculating age. 'Tis said that your Principal and Professors take a pride in the extravagance of the students, and encourage it, while Yale zealously inculcates the sublime truths of Poor Richard's Almanac. Be this as it may, some of our southern youths have left a great deal of cash at Cambridge, and brought away nothing valuable in return for it. We are so much poorer in this quarter than you wealthy Bostonians, that we smart under an expense that you would scarcely feel. . . I deemed it proper to apprise you of the fact that such reports are circulated, and with some industry. They have been the means of sending some of our young men to Yale, instead of Cambridge.

The second economic impediment, which must always be borne in mind, was the difficulty of access to Boston, from the States outside of New England. Even at this time (1817), it took two days to go from Boston to New York, two and a half days to go from New York to Washington, four days from New York to Buffalo, five and a half days from Philadelphia to Pittsburg. The mail from Washington to New Orleans, for a long time after 1817, took twenty-four days. On the few routes where steamboats were running the fares were high and the trips infrequent.

One other condition of the times-a social one-undoubtedly kept students away from the Law School. Harvard was regarded as the nest of Unitarianism. And at this time the feud between the Congregationalists and the new Unitarians was bitter. In 1805, Harvard College had appointed Henry Ware, a preacher of Unitarian tendencies, as Hollis Professor of Theology. Many of the prominent men in Boston and especially of the leaders of the Bar and those interested in the College were of the same religious sect. By 1817, there were seven or eight churches, called Unitarian, in and around Boston. In 1819, William Ellery Channing gave the new movement its first definite form. The new Divinity School at Harvard became, at this time, more and more Unitarian. (1)

But outside of Boston the well to do merchants and lawyers

(1) In 1820, the noted case of Baker v. Fales was decided in the Massachusetts Supreme Court (16 Mass. 488), which resulted in the turning over to the Unitarians of a large amount of the church property of the old orthodox Congregational churches.

In this case, Daniel Davis, Solicitor General, appeared for the plaintiff, and Daniel Webster for the defendants.

were Congregationalists or Presbyterians, and would have nothing to do with those who accepted what they called, "infidel beliefs." An interesting example of this aloofness is to be found at the end of the following letter, written by President Kirkland to Treasurer Davis, Feb. 28, 1819(1):

We left Boston the 13th January, and passed the next Sunday the 17th at Bedford, 14 miles from Stratford, at Mr. Jay's.

We reached New York, Monday night, where I passed the week till Saturday, when I proceeded to Princeton I had an agreeable time with the gentlemen of Nassau Hall, and heard two orthodox sermons from Dr. Alexander and Dr. Milley (Willey), on Sunday the 24th inst. On Monday I joined Mr. Vaughan in Philadelphia, and I continued there until Thursday 28th, when I went on to Baltimore with Judge Story, Mr. Webster, Mr. Mason and Mr. Ogden. I preached at Baltimore. The next day, Monday, Feb. 1, I went on to Washington, and Tuesday I made calls, accompanied by Mr. Sawyer, of the House, upon the Pres. the heads of departments, the foreign ministers, the senators.

The President was cordial, and asked me to dine every day, and particularly on Friday.

Mr. Clay requested me to preach in the Hall of the House of Representatives the next Sunday, 7 Feb., which I did, to a large and dignified assembly.

Stayed in Washington over 14th, Baltimore, 21, Phila., 23rd. The beginning of my second week at Washington, i. e., the 7th day-the President requested me to be his guest, i. e., to lodge with him, and mentioned that he had not asked me before, not having a convenient room. Being engaged for every day and evening during my stay, I respectfully declined his kind offer. I dined with him a third time on Sunday, the 14th, when he repeated his invitation, and I therefore accepted it, staying there until Friday morning, i. e., five nights.

I have seen at one dinner the church ministers at N. York, and at another several Presbyterians. But I have not generally found the clergy in my walks. I suppose they purposely often keep out of the way, when they can with decency.

A very moderate statement of the popular views of the College is given in a letter written to President Kirkland, Oct. 26, 1824(2):

(1) See letter (hitherto unpublished) in Harvard College Papers, Vol. VIII.

(2) See History of the Harvard Medical School, by Dr. T. F. Har rington, Vol. II.