An oration on the advantages of an early education, delivered at Exeter, in the state of New-Hampshire, May 1, 1783, at the opening of the Phillips Exeter Academy founded by the Hon. John Phillips, L.L.D. / By David M'Clure, A.M. Pastor of the Church at North-Hampton; and one of the trustees of said academy.

STATE OF NEW-HAMPSHIRE.

In the year of our Lord one thousand seven hundred and eighty-one.

AN ACT to incorporate an ACADEMY in the Town of Exeter, by the name of the PHILLIPS EXETER ACADEMY.

WHEREAS the education of youth has ever been consi∣dered by the wise and good, as an object of the highest consequence to the safety and happiness of a people; as at an early period in life the mind easily receives and retains im∣pressions; and is most susceptible of the rudiments of useful knowledge: AND WHEREAS, the honorable JOHN PHIL∣LIPS of Exeter, in the county of Rockingham, esquire, is de∣sirous of giving to Trustees herein after to be appointed, cer∣tain lands and personal estate, to be by said Trustees forever appropriated and expended for the support of a public FREE SCHOOL or ACADEMY in the Town of Exeter: AND WHEREAS, the execution of such an important design, will be attended with very great embarrassments, unless by an Act of incorporation, said Trustees, and their successors shall be authorized to commence and prosecute actions at law, and tran∣sact such other matters in a corporate capacity as the interest of the said Academy shall require:

BE IT THEREFORE ENACTED by the COUNCIL and HOUSE of REPRESENTATIVES in General Assem∣bly convened, and by the authority of the same, That there be, and hereby is established in the Town of Exeter, and county of Rockingham, an Academy, by the name of the PHILLIPS EXETER ACADEMY, for the purpose of promo∣ting PIETY and VIRTUE; and for the education of youth in the English, Latin and Greek Languages; in Writ∣ing, Arithmetic, Musick, and the Art of Speaking, Practical

Geometry, Logic and Geography, and such other of the Libe∣ral Arts and Sciences or Languages as opportunity may hereafter permit, and as the Trustees, herein after provided shall direct.

And be it further enacted by the authority aforesaid, That the honorable JOHN PHILLIPS, Esq DANIEL TILTON, Esq THOMAS ODIORNE, Esq and BENJAMIN THURSTON, gentleman, all of Exeter aforesaid, JOHN PICKERING, of Portsmouth, Esq and the reverend DAVID M'CLURE, of North-Hampton, Clerk, all in the county of Rockingham and State of New-Hampshire, and the honorable SAMUEL PHILLIPS, junr. of Andover, and county of Essex and com∣mowealth of Massachusetts, Esq be, and they hereby are nominated and appointed Trustees of said Academy; and they hereby are incorporated into a body-politic, by the name of the Trustees of the PHILLIPS EXETER ACADEMY; and that they and their successors shall be, and continue, a body-politic and corporate, by the same name forever.

And be it further enacted by the authority aforesaid, That the said Trustees and their successors, shall have one com∣mon Seal, which they may make use of in any cause or busi∣ness that relates to the said office of Trustees of said Aca∣demy; and they shall have power and authority to break, change, or renew the said Seal, from time to time, as they shall see fit; and that they may sue and be sued in all ac∣tions, real, personal and mixed, and prosecute and defend the same to final judment and execution, by the name of the Trustees of the PHILLIPS EXETER ACADEMY.

And be it further enacted by the authority aforesaid, That the said JOHN PHILLIPS, Esq and others, the Trustees aforesaid, the longest livers and survivors of them, and their successors, be the true and sole Visitors, Trustees and Go∣vernors of the said Academy, in perpetual succession for∣ever;

to be continued in the way and manner herein-after specified; with full power and authority to elect such offi∣cers of the said Academy as they shall judge necessary and convenient; and to make and ordain such laws, orders and rules, for the good government of said Academy, as to them the said Trustees, Governors and Visitors aforesaid, and their successors, shall from time to time, according to the various occasions and circumstances, seem most fit and requisite; all which shall be observed by the officers, scholars and servants of the said Academy, upon the penalties therein contained: Provided notwithstanding, that the said rules, laws and or∣ders be no ways contrary to the laws of this State.

And be it further enacted by the authority aforesaid, That the number of said Trustees and their successors, shall not, at any one time be more than seven, nor less than four; four of whom shall constitute a quorum for transacting business; and the major part of the members present, at any legal meeting, shall decide all questions that shall come before them, except in the instances herein-after excepted; that the principal instructor for the time being shall ever be one of the said Trustees; that a major part shall be laymen, and respectable freeholders: also, that all elections of the said Trustees shall be so governed in future, that a major part shall consist of men who are not inhabitants of the Town where the Academy is situate.

And to perpetuate the succession of said Trustees:

Be it further enacted by the authority aforesaid, That as often as one or more of the Trustees of said Academy shall die or resign, or in the judgment of the major part of the other Trustees, be rendered, by age or otherwise, incapable of discharging the duties of his office; then, and so often, the Trustees surviving and remaining, or the major part of them, shall elect one or more persons, to supply the vacan∣cy, or vacancies to happening.

And be it further enacted by the authority aforeiaid, That the Trustees aforesaid, and their successors, be and they hereby are rendered capable in law to take and receive by gift, grant, devise, bequest or otherwise, any lands, tenements or other estate, real and personal; provided that the annual income of the said real estate shall not exceed the sum of five hundred pounds: and the annual income of the said personal estate shall not exceed the sum of two thousand pounds; both sums to be valued in silver, at the rate of six shillings and eight-pence by the ounce; to have and to hold the same to them the said Trustees, and their successors, on such terms, and under such conditions and limitations as may be expressed in any deed or instrument of conveyance which shall be made to them.

Provided always, That neither the said Trustees, nor their successors, shall ever hereafter receive any grant or donation, the condition wherof shall require them, or any others con∣cerned, to act, in any respect, counter to the design of the first Grantor. And all deeds and instruments, which the said Tustees shall make, when made in the name of said Trustees, and sign'd and delivered by four of the said Trus∣tees, at least, and sealed with their common seal, shall bind the said Trustees and their successors, and be valid in law.

And be it further enacted by the authority aforesaid, That if it shall hereafter be judged, upon mature and impartial consideration of all circumstances, by two thirds of all the Trustees, that for good and substantial reasons, which at this time do not exist, the true design of this Institution will be better promoted by removing the Academy from the place where it is founded, it shall be in the power of the said Trustees to remove it accordingly; and to establish it in such other place, within this State, as they shall judge to be best calculated for carrying into effectual execution the in∣tention of the Founder.

AND WHEREAS, the said Institution may be of very great and general advantage to this State, and deserves every encouragement:

Be it therefore enacted by the authority aforesaid, That all the lands, tenements and personal estate, that shall be given to said Trustees for the use of said Academy, shall be, and hereby are forever exempted from all taxes what∣soever.

STATE OF NEW-HAMPSHIRE. In the House of Representatives, March 30th, 1783.

The foregoing BILL having been read a third time, Voted, That it pass to be enacted.

Sent up for concurrence, JOHN LANGDON, Speaker.

In COUNCIL, April 3d, 1781.

This BILL having been read a third time, Voted, That the same be enacted.

M. WEARE, President.

Copy examined by Joseph Pearson, Deputy Sec'ry.