-
Exhibit banner.
-
Poster advertising the "Limits to Power: Daniel Webster and the Dartmouth College Case" exhibit. The physical exhibit appeared in the class of 1965 galleries in the Rauner Special Collections library at Dartmouth College, and could be viewed from January 2nd - March 27th 2019
-
New Hampshire Gazette, February 9, 1819; Connecticut Courant February 16, 1819; The Portsmouth Oracle, May 8, 1819; New England Palladium, April 30, 1819
-
Original: Hood Museum of Art P.962.86
-
Ripley writes to William Allen, President of the University, that Webster bested them with his argument in court. It is clear from this letter and Hale’s letter that the handwriting was on the wall.
-
Salma Hale, a supporter of the University, writes that Webster’s argument “made no little impression.” Mentions that Wirt will close the argument the next day followed by Hopkinson. He notes that the employment of Mr. Wirt seems to be a better idea every day; a vailed reference to the fact that many in audience felt that Holmes had missed the mark by focusing solely on the constitutional question.
-
Daniel Webster’s notes that he spoke from during his approximately four hours before the Supreme Court as well as his report from which the final published report of his arguments was made. Webster took a two-pronged approach to his argument, first pointing to English common law to define the Trustees’ rights under the concept of corporate personhood as a charitable body and then to focus the constitutional question related to contracts.
-
Copy of the brief filed by Webster with the Supreme Court.
-
Webster writes to President Francis Brown to tell him that rather than focus on the Constitutional questions, “We shall endeavor to argue on all the points.” This would turn out to be an important and key strategy to the outcome of the case as the University’s counsel settled on addressing only the narrow constitutional question related to contract law enshrined in Article I, section 10, clause 1. which prohibits a state from passing any law that “impairs the obligation of contracts”
-
The University hired John Holmes, a Massachusetts Congressman with a reputation for vitriolic political debate, to represent them. Holmes was of the opinion that Webster would stick to the constitutional issue and not approach the argument more broadly. At the urging of concerned supporters, William Allen, the President of the University, hired William Wirt as co-counsel. Wirt believed that Webster would take on the full range of arguments. But, Wirt was plagued by ill health, and his role as United States Attorney General did not leave him much time to press this argument.
-
Nine days after the New Hampshire court decided the case against the College, Daniel Webster wrote to President Brown offering to help the College with the case before the Supreme Court and engaging Joseph Hopkinson as co-counsel.
-
Engraving of Daniel Webster by John Angel Joseph Wilcox, made from an original painting by Joseph Ames.
-
Judge William Richardson’s opinion in the New Hampshire Superior Court case in which he ruled for the State of New Hampshire. Richardson’s ruling was based on the opinion that the Colony had incorporated the College and that the College’s purpose was to serve the public good and thus it was a public institution, similar to towns or counties.
-
Although there is no record of Webster’s hour-long oration, judging from his notes it appears that he focused primarily on the scope of the legislative powers and how the Contracts Clause of the United States Constitution related to the case.
-
Brief and notes prepared by Jeremiah Mason for the New Hampshire court case.
-
Writing to President Brown, Daniel Webster declines an invitation to give an oration as part of the New Hampshire case. Webster would later reconsider and although Jeremiah Mason and Jeremiah Smith were the primary representatives for the College, Webster ended up speaking before the Superior Court for about an hour.
-
William Allen, John’s son-in-law and the son of Ethan Allen, took over as President of Dartmouth University after John Wheelock’s death.
-
John Wheelock, having set the legal wheels in motion, died before the New Hampshire case could be decided. This extract of his will details the property he left to Dartmouth University.
-
The College Trustees respond to the charges brought by the University Board Committee that they do not think the 1816 Act, in which the State took over the College, is legal, and they are waiting to hear the decision from the Superior Court. Their case against the Act was immediately transferred from the Court of Common Pleas to the Superior Court of New Hampshire because William Woodward was a judge on the lower court.
-
When the University was finally able to meet in February of 1817, they quickly moved to reinstate Woodward and removed the College Trustees from the Board. These notes contain the charges against College Trustees and document their removal from the Board by the State.
-
In August of 1816, the University Trustees attempted to hold their first meeting, but they were unable to produce a quorum. Through a technical detail this prevented the University Board from meeting and allowed the College Board to continue to conduct business. They quickly moved to dismiss William Woodard, Secretary of the Board and Treasurer of the College. They also demanded that Woodward return the Trustee meetings minutes, the original charter, the seal and the accounts of the College. Woodward’s refusal laid the ground for the lawsuit that was initiated on February 8, 1817.
-
Charles Marsh, Class of 1786, Board member, Vermont lawyer and Congressman, writing to Francis Brown, President of the College, urging Brown and the Board to “resist” the act passed by Governor Plumer by taking legal action.
-
Not one to take a minor setback lying down, John Wheelock appealed to the Republican Party to help him retain his position as president of the College. The newly elected governor of New Hampshire, William Plumer, was more than happy to oblige since the Board was made up primarily of staunch Federalists. This article transcribes the act passed by Plumer, which increased the size of the Board and thus the State’s control of the College and changed its name to Dartmouth University. Francis Brown, Class of 1805, a minister from Yarmouth, Maine, became the third president of Dartmouth College when the Trustees asked him to take on the position following their 8-2 vote to remove John Wheelock from office. Brown was instrumental in getting Daniel Webster to take on the case for the College.
-
Portrait of Francis Brown
-
A Second draft of the letter John wrote to the Trustees claiming that they could not put him on trial or remove him from office.