The History of Dartmouth CollegeSmith, Baxter Perry
History
The History of Dartmouth College
Smith, Baxter Perry
Dartmouth College -- History
"To deprive a Board of Trustees of their Charter rights, after they
have been accused of gross misconduct in office, without requiring any
proof whatever of such misconduct, appears to your remonstrants
unjust, and not conformable to the spirit of the free and happy
government under which we live. If the property has been misapplied,
if there has been any abuse of power upon the part of the Trustees,
they are fully sensible of their high responsibility; but they have
always believed, and still believe, that a sound construction of the
powers granted to the Legislature, gives them, in this case, only the
right to order, for good cause, a prosecution in the judicial courts.
"A different course effectually blends judicial and legislative
powers, and constitutes the Legislature a judicial tribunal.
"The undersigned also beg leave to remonstrate against the passage of
the bill, on the ground of inexpediency. A corporation is a creature
of the law, to which certain powers, rights, and privileges are
granted; and amongst others that of holding property. Destroy this
creature, this body politic, and all its property immediately reverts
to its former owners. This doctrine has long been recognized and
established in all governments of law. Any material alteration of the
corporation, without its consent, and certainly such essential
alterations as the bill under consideration is intended to make, will
be followed with the same effect. The funds belonging to the college,
although not great, are highly important to the institution; and a
considerable proportion of them were granted by, and lie in, the State
of Vermont. The undersigned most earnestly entreat the Honorable
Legislature not to put the funds of the college in jeopardy; not to
put at hazard substantial income, under expectations which may or may
not be realized."
After alluding to lack of precedent for the proposed action, and the
necessary increase of expenditures which would result from its
consummation, they proceed to say: "If the provisions of this bill
should take effect, we greatly fear that the concerns of the college
will be drawn into the vortex of political controversy. We refer
particularly to that section of the bill which gives the appointment
of Trustees and Overseers to the Governor and Council. The whole
history of the United States for the last twenty years teaches us a
lesson which ought not to be kept out of view. Our literary
institutions hitherto have been preserved from the influence of party.
The tendency of this bill, unless we greatly mistake, is to convert
the peaceful retreat of our college into a field for party warfare.
Public-domain text, read in full here on John Shaqi.
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