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August 1 ~ 1L . . . . . . . Peckett's on Sugar Hill, FranconiaJ N.H.
15 . . . . . . . Leave Sugar Hill by auto
Arrive Chateau Frontenac1 Quebec, Canada
17 (7 a.m.) . . Leave Quebec on 5.3. St. Lawrence (via Saguenay River)
18 (1:10 p.m.) . Arrive The Memoir Richeliegi Hurray Bay, Province of
Quebec Canada
?1 (1:10 p.m.) . Leave eurray gay on 3.5. 7+ Lawrence

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(6 p.m.) . . Arrive Chateau Frontenac, Quebec, Canada
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. , Leave fliagara Falls by auto
irrive gleveland Hotel, CleVGland, Ohio
September 9 . . . . . . . Leave Cleveland by auto
arrive Dodge Hotel, Vashington l, D.C.

 

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\‘CAsIlINuTuN. T). C, MAY 1952

 

 

 THE STORY OF THE PLACE

ll'lzore First and A Streets Formerly ilIet at What Is
Now the Site of the Supreme Court Building

Places, like people, have personalities. They also have
careers. The site of the Supreme Court Building in
Washington is as rich in historical interest as it is now
radiant in architectural symmetry. Its colorful career
falls into nine contrasting periods.

I. Before 1790 came centuries of serenity

Let us begin with Capitol Hill as it was in 1550 and
as it had been for centuries before that. No human being
other than an occasional Indian had seen “The Hill,”
much less visited its crest at sundown and from there
watched the sun set across the still waters and the blue
ridge to the west. The hilltop was covered with oak
trees. The marshy land below it was filled with syca—
morcs, silver poplars and alders. From the north, a
nameless brook wound its way through the woods and
westerly to the river. To the south another brook
bubbled from a spring. The tourists of that day were
the deer, the bears, the raccoons and the wild turkeys.
The permanent residents were the grey squirrels—prede—
cessors of those that today enjoy their prescriptive rights
to the hollow tree trunks on the Capitol Plaza. “The
Hill" of that day was known only to the animals, to the
Indians and to God. It was a quiet place that lent itself
to inspiration.

By 1650 a trail had been blazed from the settlements
in the north to the Indian Village near the falls of the
Potomac. (‘aptain John Smith and others, paddling up
from the south. had reached those falls by canoe. Lord
Baltimore had claimed the area, under a. proprietary grant
from (‘harles l of England. lt was all in a province
named Maryland. in honor of Queen Henrietta. Maria.

In another hundred years commerce had begun to flow
from the trading center at, Bladensburg to Georgetown
and thence to Alexandria. Title to the land was vested

 

 in private ownership. Some of the properties were
known as manors. They produced tobacco and corn.
Before 1790 the manor which included “The Hill" had
been inherited by Daniel Carroll of Duddington. It ex-
tended approximately from what today is L Street on the
north of the Capitol to N Street on the south, between
Third Street on the west. and Third Street on the east.‘
The brook that flowed from the north across the foot of
the hill had been named Goose Creek. Later it was to
be renamed Tiber Creek and flow into the canal where
now we see Constitution Avenue. The brook that bub—
bled down to the Anaeostia. River had been named St.
James Creek. Later it was destined to be the St. James
Canal. “The Hill" was in the very center of this Carroll
property. It was known as Jenkins Hill and no one
dreamed that it might become a point of interest to the
world.

H. 77904815 brought the District of Columbia
to “The Hill"

Late in 1788 the new Constitution for the l'nited
States of America. gave the world a new 0‘ttaranty of

b‘

freedom. In it was Article I, § 8. pregnant with destiny
for “The Hill.” That clause gave Congress power to “ex-
ercise exclusive Legislation . . . over such District (not
exceeding ten miles square) as may, by Cession of par—
ticular States. and the Acceptance of Congress. become
the Seat of the Government of the I'nited States . . . .”

‘ l\'ithin that area, the I)uddinqton mansion house wa.s completed
in about 1797. For more than a century it was to stand between
l’irst and Second Streets, S. E, near E Street. The neighborhood
became known as Carroll Springs. Its location is: roughly indicated
now by that of Carroll Street, which extends one block, from First
to Second Street, S. 11., between Streets C and D. The house at the
southeast corner of First and C Streets is still marked Duddington
.l’laee, A later development was: that of the Carroll Row Houses,
on the site of the Congressional Library. Their presence is not now
eonnntanorattal unless it be in the name of the Carroll Arms Hotel
on First Street, N. Ii, several blocks, to the north. At the south end
of the Carroll property and reaching to the Anacostia River, there
was developed a sparsely settled area called Carrollsburg. Its name
survives at Carrollsburer l’lace, which extends from M Street to N
Street, S. W., in the block just west of South Capitol Street.

[3]

 

 In 1790, such a District. ten miles square. centered around
“The Hill." was recommended by President Washington
and his adviser. Major Charles Pierre L'Enfant, as the
seat of that new Government. Promptly Maryland, Vir-
ginia and the Congress concurred. The hand of history
wrote fast. In 1791 a cornerstone of the District was laid
in what is now Alexandria, Virginia. The diagonal axis of
the square extending due north located about one—third
of the District west of the Potomac in Virginia. and two-
thirds of it east of the Potomac in Maryland. The Presi—
dent named three Commissioners for its government.
They were David Stuart of Virginia. Daniel Carroll of
)Iaryland and Thomas Johnson. also of .Maryland. Car—
roll had been a member of the Constitutional Convention
of 1787. He was not. however. the Daniel Carroll of
Duddington who owned Jenkins Hill. Thomas Johnson
had been a member of the Continental Congress and the
first Governor of )Iaryland. Later he was to sit as an
Associate Justice on the Supreme Court of the United
States.

111 1791 they named this District of Destiny the “Ter-
ritory of Columbia" and that part of the District which
lay west of the Potomac soon was ceded back to Virginia.
The remaining two—thirds is the “District of Columbia.”
as we know it today. The Commissioners required a
small area within the District to be laid out in streets and
squares. They named that area the “City of Washing—
ton.” Its streets. running due east and west, were to be
lettered alphabeti‘ally, in two series, to the north and
south from the Capitol Grounds. Similarly, those run-
ning due north and south were to be numbered consecu-
tively, in two series, to the east and west from the same
point. Major L‘Enfant located the site for the Nation‘s
Capitol on Jenkins Hill. On the same map he located
First Street, N. P. Likewise he identified, as Square No.
7‘28. the area on First Street extending north from East
Capitol Street to A Street. The adjoining triangular
plot extending to the north, from A Street to Maryland
Avenue, he numbered 727.” This land was soon to be ap—
praised at six cents per front- foot.

3 “A" Street then opened directly into First Street. Its north side
followed the line now marked by the north wall of the north wing

[31

 

 promptly raised, by private subscription, $25,000. This
proved to be enough to buy this corner and to build there
a temporary Capitol."

July 4, 1815, its cornerstone was laid. The structure
rose to three stories. The Senate Chamber was on the
ground floor. The Hall of the House of Representatives
was on the floor above. Congress approved the building
and occupied it, paying for its use $1,650 a year which
represented six per cent on the investment, plus $150
for insurance. Congress paid $5,000 more for fur—
nishings, including the later famous red leather chairs for
the Senators. December 4, 1815, the Fourteenth Con—
gress met briefly at Blodgett's Hotel but, by December
13, both Houses of Congress were in the new “Brick
Capitol.” Vice President Elbridge Gerry of Massachu—
setts having,)' passed away, the presiding officer of the
Senate was its President Pro Tempore. Senator John
(taillard of South Carolina. The Speaker of the House
was Henry Clay of Kentucky. The Fifteenth Congress,
throughout its life. also met in the Brick Capitol. ad—
journing sine (lie )Iarch 3, 1819. The presiding officer
of the Senate for that session was Vice President Daniel

D. Tompkins of New York. The Speaker of the House
again was Henry (lay of Kentucky.‘

In December. 1810. the Sixteenth Congress convened
in the newly rebuilt and permanent Capitol Building on

-"l'he laru'est subseriber was Daniel (‘arroll ol' Dutltlington. The
next largest was Thomas Law. Like Carroll, he was a substantial
property owner. lle also was a brother of Lord lillenborough, Lortl
(‘hiel' .lustiee ol' the King's l’a'neh of England. 1 Bryan, A llistory
ol' the National Capital t 15114! : lIusey. llietnres of The City of \Vash—
inu‘ton in the l‘ast tlSElM. 1211.

‘ln the h‘iek (‘apitol durinu these two Congresses were heard
many leaders or their day. _-\]11t)llL" these were Senator ltul'us King,
of New Vork. later an nnsneeessl'ul eantlitlate for President, of the
l'nitetl States; llepresentative l’hilip l’. ’ntrbour, of Virginia, later
a .lustiee of the Supreme Court; John C. Calhoun, of South Carolina,
later Viee l’resitlent ol' the l'nitetl States: \Villiatn llenry llarrison,
of ()hio. later l’resitlent ot the l'nitetl States: John Alt-Lean, of Ohio,
later a .lustiee ol' the Supreme (‘ourt: .lohn ltantlolph, of Virginia,
later a Senator from that State: John Tyler, of Virginia, later Presi-
dent of the lfnitetl States: and Daniel Webster, then representing
New Hampshire but later to lteeonie Seeretary of State and a Sen—
:ttot‘ from .\lassael11t~‘ett~'.

[5]

 

 the crest of “The Hill." Its reconstruction had been
made possible by a 3.300.000 loan to the Government from
the “'ashine‘ton banks. The Supreme ("ourt preceded
(‘ongress in its return to the permanent Capitol. There
the Court met in the semi—circular room on the ground
floor under the Senate Chamber.

The most unique, incident tl at had occurred in the
Brick (.‘apitol. \vhile (‘ongress occupied it. was connected
with the inauguration of 1" 'esident Monroe and Vice
President Tompkins. March 4. 1817. The advance ar-
rangements tor the ceremony conformed largely to pre—
vious custom. except that. instead of holding the cere—
mony in the small Senate Chamber, the plan was to move
the red leather Senate chairs into the Hall of the House
of Representatives. However, the Speaker of the House
had not been consulted and, when confronted with the
plan, Henry (flay objected, particularly to the presence
of the Senate chairs in the House of Representatives.
The arrangements were quickly changed. Vice Presi-
dent ’l‘ompkins was inducted into office in the Senate
('hainber and there made his response. but President—
elect Blonroe was taken out—ot-doors to a temporary
portico which had been erected on First Street, directly
in front of the building. There in the presence of the
general public. the oath of otlice was administered to him
by Chief Justice Marshall. There the President delivered
his inaugural address and thus set the precedent for public
inauguralsf‘

“An echo oi" thi< v:a< heard in the Senate 20 years later, preceding:
the inauguration of l’resident Van l’atren. ('la)‘ was then a Senator
and inquired why it was that the Senate, rather than the House 01'
ltepresentatives', had "the exclusive care" ol' administering the l’resi—
dential oath. lle recalled the incident at the Old Brick Capitol, in
1817, and furnished what is probably ottr mo~t authentic account,
of it. llis colloquy ot' 1’eln'uary 28’, 1837, is reported in Vol. 13,
l’t, 1, of (Vialt-s' and Seaton’s’ Register of Debates in (L'ongress, 24th
(‘oney 13d Sess. at ”9‘3, as follows:

"Tllli .l’lZl-ZSIDlCX'l‘ pro. (em. presented a letter from the
President elect ot' the ['nited States, int'orming the Senate that;
he would be ready to take the usual oath of ollice on Saturday,
March -t, at 13 o’clock, noon, at such place and in such manner
as the Senate might designate.

"Mr. (,‘dll'NDY [’ot‘ 'l‘ennessccl offered a resolution for the
appointment of a committee of arrangements, to make the

[til

 

 agnmrmnz(finnizfiihtfiflnflfirfifiahs
333225};th 13, E. Q}.

CHAMBERS OF
JUSTICE HAROLD H. BURTON November 10, 1952

Dear Chief:

the material which Marshal Waggaman and I
compiled la
ins site.
You will recall that you then instructed us to gather
material so that I ’ght respond appropriately, on May 2, 1952, at
a public ceremony at which the Columbia Historical Society and the
Bar Association of the District of Columbia proposed to present the
Court with a bronze plaque commemorating the history of our site -
with special reference to the ”Old Brick Capitol“ formerly located
here. When Mr. Regis Noel died, that project was abandoned by the
societies named.

I understand that the plaque is now to be presented to the
Court by the Washington Sesquicentennial Commission without ceremony.
Therefore, in accordance with our discussion of the matter, I have
put this historical material into the form of the attached article.
It is intended for our records and for whomever it may interest. A
copy will be sent to H.P. Caemmerer, Secretary of the Commission of
Fine Arts, who is familiar with the plan for the new plaque and who
also is a member of the Columbia Historical Society. It is his thought
that the Society may wish to print it in their next volume of histori—
cal essays.

I am sending a copy of this letter and its enclosure to each
of the brethren, former Marshal waggaman, the Clerk, the Marshal, the
Reporter of Decisions, the Librarian, the Captain of the Supreme Court
Building's Guards, the Director of the Administrative Office of the
United states Courts and our Director of Press Relations. The article
has been printed by our printing office so that additional copies may
be obtained from my secretary by anyone interested.

‘hief Justice

 

 IV. 1810—1824 brought; the Circuit Court for
the District of Columbia
When Congress returned to the permanent Capitol, it
crow led out- the Circuit Court for the District of Colum—
bia. That court. in turn, was allotted space vacated in
the Brick Capitol. There it met from 1810 to 1824.
Pressure from the local bar induced it to move downtown
to Judiciary Square where it occupied space in the new
City Hall at the head of what is now John Marshall Place.

Y. From. about 78.24 to 186‘] the site was used
for (l, lodging house, including an occupancy
by JO/tlt C. Cat/totut—18494850
Some time after the Old Brick Capitol ceased to be
used by the Circuit Court. it was converted into a lodging
house. In 18le we find H. Y. Hill advertising furnished

reqtiisite preparations for administering the oath to the l’ ‘esident
elect ot' the l'nited States.

“Mr. CLAY l'ot' ]\—entueky't said he would like to inquire
whether precedents had been examined on this subject. He was
aware that the Senate had always had a peculiar agency in this
business; but he was not aware why the Senate should act upon
it any more than the House, or why it was not a joint concern.
lle remembered that, on the first election ot' Mr. Monroe, the
committee of the Senate applied to him, as Speaker of the
House, for the use of the chamber of the llouse: and he had told
them that he would put the chamber in order for the use of
the Senate, but the control of it he did not feel authorized to
surrender. They wished also to bring in the fine red chairs of
the. Senate, but he told them it could not be done; the plain
democratic chairs of the House were more becoming. The con—
sequence was, that Mr. Monroe, instead of taking the oath within
doors, took it outside, in the open air, in front of the Capitol.
Mr. C. mentiontal this for the purt'tose ot' making the inquiry,
what, was the practice, and on what it was founded, and why
the Senate had the exclusive care of administering the oath.

"Mr. (liltt'Nln' said the committee had found no authority
but several precedents, which were in strict accordance with the
proposition now proposed to be made. He did not recollect any
instance in which the House had participated in it; and, in fact,
the House, as such, had no existence, their term having expired
on the preceding day. The committee had examined three cases
of more modern date, and had found nothing in opposition to
the practice proposed. It the conunittee could not get: into the
House, they could go out of doors.

"The resolution was: adopted, and the Chair was authorized to
appoint the above—named committee of three members.”

[7]

 

 rooms for rent. Several members of Congress lived
there.6 It housed two clubs for young men. Its most
prominent tenant was Senator John C. Calhoun from
South Carolina. Formerly Secretary of Vt-‘ar, Secretary
of State and twice Vice President, he was completing 40
years of public, service. There Senator Calhoun lived,
largely alone, from 1849 until his death at the age of 68,
on Sunday, March 31, 1850. It was there that his politi-
cal opponent, but personal friend, Senator Daniel Web—
ster of Massachusetts, came to cheer him during his final
days.

VI. From 786‘] to 1868 the site teas occupied by
the, Capitol Prison

After an interval. during part of which the building
was used as a public school, the site at First and A Streets,
N. E, passed into the sixth period of its career. In the
spring of 1861, the Old Brick Capitol was converted into
a Federal )lilitary Prison. It was known as the Capitol
Prison. A high wall was built around the prison yard
on the east. The prison was used for “state prisoners”
rather than for violators of military discipline. During
its first four months only 15 prisoners were sent there.
Soon, however. arrests became so numerous that two
houses in the adjoining block to the south were used to
house the overflow. At one time. 1.004 prisoners are
said to have been crowded in. Among its notorious in—
mates were the (‘onfederate spies. Rose Greenhow and
Belle Boyd. (‘aptain Henry \Virz. former Commandant
of the Andersonville Confederate Military Prison, was
another. He was hanged in the prison yard November
10, 1865. and at least three others are said to have been
executed there.

Vll. From about 1807 to 1.92] the site again became
residential. It: included the residence of
.lum‘iee Field from 7802‘) to 78.99

ln May. 1867. the Old Brick (‘apitol property and its
grounds were sold for 320.000 to George T. Brown. Ser—

"' llepresentnlives‘ William ll. llroekcnliorone'h ol' l’Iorida, llenlien
(‘hzipman of Alabama, Joseph i\. \Yoodward of South Carolina, and
l~:i:t(‘ ll. Morse of Louisiana are among those reported to have lived
there in the lxltl's.

[3 |

 

 geant-at—Arms of the Senate. With financial aid from
Senator Lyman Trumbull of Illinois, he remodeled and
converted the building into three large row houses. They
were four stories high and faced First Street on the south-
east corner of the A Street intersection. Known as
Trumbull Row, numbers 21, 23 and 25, they provided
convenient and desirable living quarters.

The most famous occupant of these houses was Justice
Stephen J. Field of the Supreme Court of the United
States. Appointed to that Court in 1863, he spent much
time on the Pacific Coast in performance of his duties as
a Circuit Justice. However, in 1870 or 1871, he estab-
lished his residence in Trumbull Row. He occupied the
house at the southerly end of the row which had been
acquired by one or more of his brothers, Cyrus, David
Dudley and Henry.7 He built- an addition to it and pro—
vided a large reception room on the first floor. His
library of 3.000 volumes was on the second floor. There
he followed a tireless schedule that began at seven o‘clock
each morning. At the age of 82 he died there on Sunday,
April 9, 1890. This was nearly two years after he had
submitted his resignation from the Court to take effect
December 1, 1897, closing the longest term of office ever

served on that. Court—34 years. 8 months and 20 days?

VIII. From 1021 to 1938 the site teas the head—
qunrlers of Hm National ll'ommt's Party

Mrs. Alva Belmont (Mrs. Oliver Hazard Perry Bel—
mont), having acquired the Old Brick Capitol property,
presented it to the National Woman‘s Party as a. perma—
nent headquarters for their crusade for equal rights for
women. Known as No. 21 First Street. N. 13.. it was
cherished by that organization not only as a. headquarters

7(‘yrus‘ \V. l’ield was the projector ot' the Iirst’ Atlantic. Cable.
David Dudley [’ield was the author of the (‘ode of Civil Procedure
adopted by New York and IUllUWetl by many western states. For
many years the tour brothers met annually with Justice. Field at this
house to celebrate the birthday of David Dudley Field on February 15-}.

"there also once stood in this block an historic home on ICast.
t'apitol Street tu't'ttpied by Captain William ISasby, a veteran of the
[tattle ot' Illmlenslmr}.r in 1814. It was built in 1750 by Daniel
(‘arroll and came into the ownership or the l'iasby family in about
hit.

I’ll

 

 but as an historical shrine. They embellished the
grounds with a garden. When, in 1028. this site was se-
lected for the Supreme Court Building, the National
Woman's Party opposed the selection because it meant
the removal of their historic building. The Senate
adopted a resolution favoring the retention of their build—
ing and the abandonment of the proposal to build the
Supreme Court Building there. However, Case No. 1011
in the Supreme Court of the District of Columbia re—
sulted in the condemnation of the property and an award
to the National “Voman's Party of substantially $300000
as just compensation for the taking of it." The Party
thereupon moved to its present headquarters in the his-
toric mansion on the northwest corner of Constitution
Avenue (old B Street) and Second Street, N. E.

IX. Since 19.28 the site has been, set aside for
the Supreme Court of the United States

Completed in 103.3 the Supreme Court Building. de—
signed by Cass Gilbert, S12, Cass Gilbert. Jr.. and John R.
Roekart, stands where First and A Streets formerly met.
The site is now known as Number One First Street,

N. E. The Supreme Court Building provides a fitting
climax. Magnificent in design, its central element re-
flects the proportions of the Parthenon of Athens. Sig-
nificant as a symbol of the independence of the judi-
ciary, it honors an historic spot. Inspirational in its
message of “Equal Justice Under Law,” it expresses in
fitting form the Faith of our Fathers.

” The parcel acquired from the National Woman’s Party was the
largest one in the site. The condemnation awards for the entire site
came to $1,708,111.

 

 PRINC1PAL REFERENCES

\\';1sl1inqton—A Not, Too Serious History—l 1’ George lothwell
ilirown (1030) .

Pictures of1he Cityof\l':1.~hi11;rton in the Past—11y Samuel C. illusey
(1808).

The National Capital—Its .\1‘eliite<ét11re, .\rt :11111 History—by George
(‘_ lliizelton, Jr. (1902)

.\ History 01' the National C1111it11l~liy W. l1. ’11'§‘;111, Vols. I 51nd
Il (1014).

John C. C;llll()lln—~l).\' Margaret. L. C‘oit (10.30).

Stephen J. Field, Craftsman 01' the Lt1w~by Carl 1'}. Swisher (1030)-

l’rortor's “fishington—hy John Clngett Proctor (1949).

Captains {11111 Mariners ol' liurly M;11‘}'l:1111l~—l1y tnphuel Sennncs
(1937).

liqnul Itigrhts, Vol. XIV, 1111. 1:33, 1.37, 10?}, 2:3 , 371 (1028).

1’i11:1l Report of the l'nited States Supreme Court Buildingr Connnis—
:sion, S. Doe. No. SS (Ttith Cong, 1st Sess. (1930)).

111 Civil Wnr days, John Ilitz, the first. Swiss Cmrsul-Gencrnl to
the Ynitetl [\‘tntes, :11111 great, grandfather of Justice Harold Hitz

’1111‘ton, maintained his home, and his: ('onsuhito Itt 2‘.) A Street, S. 13.,

within what is now the, Capitol l’lnzn, opposite the Congressional
Library. At his (le:1tl1 in 1804 President Lincoln and Secretary of‘
State {\‘ewgu'd attended his funeral services :11 that residence.

 

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[Published in 38 American Bar Association Journal 991 (Dec. 1052)] _
THE DARTEIOCTH COLLEGE CASE
A DRAMATIZATION
by
IIAROLD H. BURTON
ASSOCIATE JI'sTIeIc or THE SL‘I’HIZME
cornr or THE UNITED sTATics
for the
JUDICIAL CONFERENCES or THE THIRD AND TENTH
JUDICIAL CIRCUITs OF THE UNITED STATES
JL‘LY f), 1952, AT ATLANTIC CITY, N. J.
and

JULY 18, 1952, AT DENVER, CoL.

The legal significance of the Dartmouth College case1
has been amply analyzed elsewhere. This statement pre-
sents its dramatic quality. Although staged as a three—
act play its essential action is authentic. The princi—
pal characters are John VVheelock, one—time president

of Dartmouth College and Dartmouth University, Dan—
iel Webster, of counsel for the trustees of the College,
and John Marshall, Chief Justice of the Supreme Court
of the United States. The action takes place in New
Hampshire and 'Washington, D. C., between 1800 and
1820.
PROLOGUE
III 1800, in the oflice of President “'heeloek of Dartmouth
College, at Hanover, N. H. President Wheelock is talking
with Daniel \l'ebster, an 18—year-old student.

Daniel voices his appreciation of the intellectual world
the College has opened to him. He explains how his
pioneering father, Captain Ebenezer Webster, had sacri-
ficed the family's interests to send him to Dartmouth
and how Daniel plans to help his brother follow him.

Dr. Wheelock tells how his father, Reverend Eleazar
Wheelock, about 45 years ago, had established, at his own

1 The Truslecs of Dartmouth College v. ll'oadzrard, 4 Wheat. 518.

 

 expense, and on his own estate, a charity school for the
instructions of Indians in the Christian religion. To this
end he secured funds from the Earl of Dartmouth and
other English sponsors. To perpetuate his program, he
sought a corporate charter for a college. Its trustees
were to develop the Indian Charity School independently
of the college, and Dartmouth College itself was to pro—
vide higher education for English and other youths, as
well as Indians.

December 13, 1769, Governor John Vt'entworth of the
Province of New Hampshire, in the name of George III,
granted the charter. It ran to The Trustees of Dart—
mouth Collegc. It prescribed a quorum of seven, “the
whole number of said trustees consisting, and hereafter
forever to consist, of twelve, and no more . ” 3

It named the original 12 and authorized the trustees
thereafter to fill vacancies in their body. The trustees
were to hold title to the College properties, appoint its
president, professors, officers and other representatives,
grant its degrees and govern its affairs. The charter
named Elcazar \Vheelock as the “founder" of the College,
appointed him its first president and authorized him, by
his last will, to name his successor to serve unless and
until disapproved by the trustees.

The College was established on the Connecticut River
at Hanover. New Hampshire lands were granted to
it by that State and Vermont lands by the Governor
of Vermont. President Eleazar Wheelock died in 1779.

'-’ 4 Wheat. 525.

The trustees were given wide authority to make rules—
“not repugnant to the laws and statutes of our realm of Great
,iritain, or of this our province of New—Hampshire, and not excluding
any person of any religious denomination whatsoever, from free and
equal liberty and advantage of education, or from any of the liberties
and privileges or immunities of the said college, on account of his or
their speculative sentiments in religion, and of his or their being of

[2'

 

 By his will he had named as his successor his son, Lieu—
tenant Colonel John Wheelock, who at once gave up his
Army career to devote himself to the College.

In 1800 the students number nearly 150 and Dartmouth
is the only institution of higher education in New
Hampshire. Daniel catches the spirit of the dauntless
founder of this College in the forest, dedicated to the
intellectual and spiritual advancement of mankind for~
ever. He expresses the hope that some day he may repay
a part of his personal debt to Dartmouth.

ACT I—Tlie Issue is Created

SCENE 1
The Trustees Act

August 20, 1815, in a meeting of the trustees of Dart—
mouth College, at Hanover, N. H.

President John Wheelock refers to the steady increase
of his disagreements with the trustees since 1800. Led
by United States Senator Thomas W. Thompson,3 they
in turn charge him with starting a bitter war of pamphlets
by making false charges against them and attacking their
authority to guide the corporate policy of the College.
They protest his having memorialized the Legislature to
investigate the trustees’ conduct of the College. He re—
plies that he has gone further and already has appeared
before the Legislative Committee.“ Some trustees urge

-" A trustee from 1802 to 1817, graduate of Harvard, gentleman and
lawyer of the old school, rich and courtly, a patron of Daniel Webster,
and United States Senator from New Hampshire 1814—1817. Shirley,
The 1f)artmouth College Causes (1875)) 81, 83—84; Biographical Di-
rectory of the American Congress (1950) 1015.

‘1 A misnndcrstanding between Wheelock and lVebster arose in
this connection. In the spring of 1815, Wheeloek, contemplating
personal litigation against the College for money due him and on
other grounds, had suggested to Webster that he might wish to retain
his professional services. Webster had indicated his willingness to
serve him. On August 5, when Wheelock learned that legislative

[31

 

 patience but the majority cannot be restraine