, 1873-04-19
THE DARTM0UH COLLEGE CASE,

to the interoB8 Of Tho Btato and tho pence Of tho
ohloh' "lll our opponents Bay the sarno?
| THE Dartmouth COLLEGE CASE.
TO The Editor u The Chicago Tribune:
Sin In your isHuo OF tho 9Th Inst, comment,ne
upon Gov. Boveridgo'a Bpoech, you mado some
Incidental illusions to the Dartmouth College
case, in which 1t WAS atatod that tho
question aroao ont Of tho fact OF tho Legislature
Of New Hampshire imposing q tax upon tho
College whom 1t wna oxompt hy itn charter.
| Upon reference to tho history OF that case. /
f1nd that this was not the hasis OF tho suit.
This cnse has go much influence In tho pending
railroad controversy that l propose to givo
full statement Of 1t, anl show, from tho prinoi-
plo thore recognized by tito highest tribunal Of
tho country that there Ia literally no other ro
dress Tor tho grievances conceded to exist or
copt In tho modo pointed out by our Supreme
Court In the Chicago l. Alton Railroad caHo.
In l7G0, DR.. Whcolock. having before that by
his own funds and those raiaed by donation,
established Charity School, Which had been in
operation from 1764, obtained charter or 1ettera
patent from the King Of Great Britain catabsl1-
| ing corporation to consist of twelve Trustees
| and no more, to bo callol tho HTr,Btoos Of
Dartmouth Collage !" to havo perpetual oxist-
once as s',ch corporation, with powor to hold
mud dispose OF lands, goods, oto., for tho uso Of
| tho College, with tho ordinary powers Of corpo-
rations tho Trustpcs to npply tho funds of tho
College in thoir discretion to tho support Of tho
President, tutors, etc, md to havo tho right to
fill vacancies in thoir own body DR.. Whoelock
was declared iu tho 1nttors patent to DO tho
founder, and was thoreby appointed President
wth the right to name his SUCCESSOR by will. All
powers Of government md snporintondenco Of
| tho Collage woro vested in tho Trustees.
| After the College had been in operation nenrly
| fifty yearu, and tho colony became 8tate, the
| Legislature Of Now. Hampshire, in 1876, passed
certain acts for changing tho namo, converting
tho College inso University; roorganizing tho
governmental powor by adding nino Trustees to
tho exiating Board, without it's consont aud nll
I made subject to q Board Of twenty-five Over
aoors, to be appointed by tic Governor and
Council Of the State. The reorganization having
boon conRummatod under these actst tho old
Trustocs brought m action OF trovorin lilo Stato
Court, to recover the books, records, common
soal, oto., Of the corporation, alleging wrong
full conversion of thon1.
For the plaintiffs, 1t wa contonded that these
acts woro in violation Of tho provision Of tho
Constitution OF tho United States which do
clarea that no State shall pass any law impairing
tho obligation OF contracts. Thnt thp corpora
tion waa not public corporation in the exercise
OF political powers, but private. That it's CHAR
ter WAS o contract with tho corporatore, which
the King would havo boon powellesa to revoke,
alter. or amend, and tho Legislature of New
Hampshire was meroly subrogated to tho Bame
rights possessed by tho King.
The Superior Court Of Now Hampshire, prob
ably unconacioualy Affected by popular faoling,
dinregardod these viowa held 1t public cor
poration; its property public property, and
that tho Trustees had no greater interest in it
than any othor individuals; that their Office WAS
public trust like that OF the Governor or
Judge, and that tho Trustees had no more con-
corn in the property Of tho College thnn tho
Governor had in tho property Of tho State, or
than Judges had in tho Anea they imposed
upon culprits. Tho acts wore held valid. Ihoro-
upon . writ Of error was Hucdout Of tho Supreme
the case was taken. It vas thon argued, upon
both sides, by tho moat learned and gifted law
yorB in tho Union-Mr. Wobster appearing as
tho junior COUNSEL for PLAINTIFF Ii error. III his
examined by that mind Of infalibo logic, md ho
clearly demonatrated that, by tho English law,
sucl, natitutions, unlese otherwise specially con-
stitutod by their charters, were p'.lrae cleo
monbels, and franchises, tho Grown haa no con.
troll, except BY duo process Of Inv, for acts In
consistent with thoinohnrters.
Tho opinion Of tho United statcs Supreme
Court was delivered by tho groatest Of American
Judges hiof-Juhtice Marshall, in 1s1o,-in
Which ho sustained tho positions Of Mr. WobBtor;
hold the corporation to bo private, mud not pub
lie QUO, with political powers; that its charter
was contract within tho moaning OF the Federal
Constitution, aud without . reservation Of tho
right to alter Or amend it., WAS az inyiolable, by
State laws, aB any contract wholly between
private individuals.
Since that decision, It has been the settled law
OF this country that nll corporations, organizcd
for business purposes, aro to bo doomed private,
although tho business may bo Of quasi pubio |
nature that their charters are Legislative coll
tracts; and, whom accepted, arc beyond tho !
power Of State Government, either by conati-
tutional or statute ounotment, to revoke, alter,
roaaryed.
THO doctrine Of tho Dartmouth College case !
nas beon often rettoratoa by tho supremss Court
Of tho United statog, and applied to bridge aud |
rsilroal corporations. And, in q recent caso. |
that Court ssaid, with much emphasis, that II
Court, It was TINT theao charters wero contracts
within tho ,noaningo Of tho Constitution, and as
ouch inviolnblo. Thoao Judgments are para
mount mud binding upon tho State Courts; have
tion, bo reyoracd by tho fame Court which gavo
tham, or nbrogatoa by anything Cong:csa may
do. Even M nlnondnont OF TIC Constitution
itgolf could not logitinatoly undo tho past.
4ills Hthio Ol lllo INV WIN VIGIL NluGra{0Q4 ut
tho tin.o tho various charters woro granted to
railroad corporations IN this State. 1t would
have boon competent to havo reserved tho right
to royoko, alter, or amend; put It. was hot
solicited. It wNs aud invested In corporate.
stock mud bonds, upon tho faith Of JUST aucll
chartora as wore grantod
Those considerations being presont. to tho;
mind Of our Supreme Court It could not Ignore
them, or,Iy yielding to popular olamor, DO gully
Of tho reproheneih'o conduct Of setting m ita
opinion ayainBt that Of tho Supreme Fo;sloral
Court III a mnttor where tho doeluiona OF the lat
Courts. 10 affirm tho Judgment Of tLo
Mclean Circuit Court would l,ayo boon
thus refractory. anil afkor long t!olay would
l!nyo ronnltcd IN cortain royorsal by TIC United
States Supreme Court. Oursuprome Court, acting
upon tue only foaturo Ut tho question within tho
Stato jnrlatiictioll, eyilonsly took this Wow Of