The History of Dartmouth CollegeSmith, Baxter Perry
History
The History of Dartmouth College
Smith, Baxter Perry
Dartmouth College -- History
"Thereupon a writ of error was sued out by the original plaintiffs, to
remove the cause to the Supreme Court of the United States, where it
was entered at the term of the court holden at Washington on the first
Monday of February, 1818.
"The cause came on for argument on the 10th day of March 1818, before
all the judges. It was argued by Mr. Webster and Mr. Hopkinson, for
the plaintiffs in error, and by Mr. Holmes and the Attorney-general
(Wirt), for the defendant in error.
"At the term of the court holden in February, 1819, the opinion of the
judges was delivered by Chief Justice Marshall, declaring the acts of
the Legislature unconstitutional and invalid, and reversing the
judgment of the State court. The court, with the exception of Mr.
Justice Duvall, were unanimous."
The arguments in the New Hampshire court by Messrs. Mason, Smith, and
Webster for the college, and Messrs. Sullivan and Bartlett for Mr.
Woodward; the decision of that court, and the cause in the Supreme
Court of the United States, are an important part of our country's
judicial history. The result was logically based upon prior decisions
of the Supreme Court. We invite special attention to one point in Mr.
Webster's argument. If, in the lapse of time, under the strong light
of careful research or elaborate criticism, all the other brilliant
colors of this remarkable fabric shall fade or vanish, this central
figure will remain forever, to illustrate the relations of the college
to the State.
"The State of Vermont is a principal donor to Dartmouth College. The
lands given lie in that State. This appears in the special verdict. Is
Vermont to be considered as having intended a gift to the State of New
Hampshire in this case, as, it has been said, is to be the reasonable
construction of all donations to the college? The Legislature of New
Hampshire affects to represent the public, and therefore claims a
right to control all property destined to public use. What hinders
Vermont from considering herself equally the representative of the
public, and from resuming her grants, at her own pleasure? Her right
to do so is less doubtful than the power of New Hampshire to pass the
laws in question."
Thus closed one of the most important contests in the history of
American jurisprudence.
Law, politics, literature, and religion combined to make it a subject
of national concern. The decision gave to a large class of chartered
institutions a security never enjoyed before. The lapse of more than
half a century enables us to consider the question calmly and
candidly, uninfluenced by interest, prejudice, or passion.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account