John Marshall and the Constitution, a Chronicle of the Supreme CourtCorwin, Edward Samuel
History
John Marshall and the Constitution, a Chronicle of the Supreme Court
Corwin, Edward Samuel
Constitutional history -- United States; Marshall, John, 1755-1835; United States. Supreme Court
Plumer sent a copy of his message to Jefferson and received a
characteristic answer in reply: "It is replete," said the Republican
sage, "with sound principles.... The idea that institutions established
for the use of the nation cannot be touched nor modified, even to make
them answer their end ... is most absurd.... Yet our lawyers and priests
generally inculcate this doctrine, and suppose that preceding
generations held the earth more freely than we do; had a right to impose
laws on us, unalterable by ourselves; ... in fine, that the earth
belongs to the dead and not to the living." And so, too, apparently the
majority of the Legislature believed; for by the measure which it
promptly passed, in response to Plumer's message, the College was made
Dartmouth University, the number of its trustees was increased to
twenty-one, the appointment of the additional members being given to the
Governor, and a board of overseers, also largely of gubernatorial
appointment, was created to supervise all important acts of the
trustees.
The friends of the College at once denounced the measure as void under
both the State and the United States Constitution and soon made up a
test case. In order to obtain the college seal, charter, and records, a
mandate was issued early in 1817 by a local court to attach goods, to
the value of $50,000, belonging to William H. Woodward, the Secretary
and Treasurer of the "University." This was served by attaching a chair
"valued at one dollar." The story is also related that authorities of
the College, apprehending an argument that the institution had already
forfeited its charter on account of having ceased to minister to
Indians, sent across into Canada for some of the aborigines, and that
three were brought down the river to receive matriculation, but becoming
panic-stricken as they neared the town, leaped into the water, swam
ashore, and disappeared in the forest. Unfortunately this interesting
tale has been seriously questioned.
Public-domain text, read in full here on John Shaqi.
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