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New Hampshire Gazette, February 9, 1819; Connecticut Courant February 16, 1819; The Portsmouth Oracle, May 8, 1819; New England Palladium, April 30, 1819
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Original: Hood Museum of Art P.962.86
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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.
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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.
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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.
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Copy of the brief filed by Webster with the Supreme Court.
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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”
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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.
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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.
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Engraving of Daniel Webster by John Angel Joseph Wilcox, made from an original painting by Joseph Ames.