"He entreats your honorable body to take into consideration the state and concerns of the college and school, as laid before you.

"And as the Legislature have never before found occasion to provide, by any tribunal, against the evils of the foregoing nature, and their ultimate dangers, he prays that you would please, by a committee invested with competent powers, or otherwise, to look into the affairs and management of the inst.i.tution, internal and external, already referred to, and, if judged expedient in your wisdom, that you would make such organic improvements and model reforms in its system and movements, as, under Divine Providence, will guard against the disorders and their apprehended consequences.

"He begs only to add the contemplated joys of the friends of man and virtue, in the result of your great wisdom and goodness, which may secure this seat of science, so that it may become an increasing source of blessings to the State, and to mankind of the present and succeeding ages, instead of a theatre for the purpose of a few, terminating in public calamity.

"Whatever disposal your Honorable body may please to make of the subject now presented, the subscriber will never cease to maintain the most humble deference and dutiful respect.

John Wheelock."

It would not be profitable, at the present time, to re-open the discussion of the subject matter of the various charges contained in the above doc.u.ment, which were so fully elaborated in the "Sketches,"

and so carefully considered in the subsequent "Vindication" by the Trustees.

The prayer of the Memorial was granted by the Legislature, by the appointment of a committee of investigation. The following letter is worthy of careful attention in this connection:

"Exeter, August 15, 1815.

"My dear Sir,--In common with many others I have felt considerable anxiety for the issue of the matter so much in public discussion relative to Dartmouth College. I do not feel either inclined or competent to give any opinion as to the course which ought finally to be adopted by the Board of Trustees for the benefit of that inst.i.tution. I am entirely willing to leave that to the determination of those much better informed on the subject and better able to judge.

From certain intimations which I have lately had, I am led to believe an intention is entertained by some members of the Board of ending all difficulty with the president by removing him from office. I greatly fear such a measure adopted under present circ.u.mstances, and at the present time, would have a very unhappy effect on the public mind. An inquiry is now pending, inst.i.tuted after considerable discussion, by the Legislature of this State, apparently for the purpose of granting relief for the subject matter of complaint. The Trustees acquiesce in this inquiry; whether they appear before the committee appointed to make it formally as a body, or informally as individuals, the public will not deem of much importance. The Legislature, I think, for certain purposes, have a right to inquire into an alleged mismanagement of such an inst.i.tution, a visitorial power rests in the State, and I do not deem it important for my present view to determine in what department or how to be exercised. The Legislature may, on proper occasion, call it into operation. I have never seen the president's memorial to the Legislature, but am told it is an abstract from the 'Pamphlet of Sketches.' From the statements in that I take the burthen of his complaint to be, that the Trustees have not given him a due and proper share of power and influence in the concerns of the college, and that they have improperly used their own power and influence in patronizing and propagating in the college particular theological opinions. The alleged misapplication of funds [paid for preaching] is stated as an instance of such misconduct. These opinions, it would seem, are particularly disagreeable to the president. The whole dispute is made to have a bearing on the president personally. Should the Trustees, during the pendency of the inquiry in a cause in which they are supposed to be a party, take the judgment into their own hands, and summarily end the dispute by destroying the other party, they will offend and irritate at least all those who were in favor of making the inquiry. Such will not be satisfied with the answer that the Trustees have the power and feel it to be their duty to exercise it. It will be said that the reasons which justify a removal (if there be any) have existed for a long time. A removal after so long forbearance, at the present time, will be attributed to recent irritations.

"That part of the president's complaint which relates to his religious grievances, addresses itself pretty strongly to the prejudices and feelings of all those opposed to the sect called Orthodox. This comprises all the professed friends of liberal religion, most of the Baptists and Methodist, and all the nothingarians. The Democrats will be against you, of course. All these combined would compose in this State a numerous and powerful body. Any measure adopted by the Trustees with the appearance of anger, or haste, will be eagerly seized on. If the statements of the president are as incorrect as I have heard it confidently a.s.serted, an exposure of that incorrectness will put the public opinion right. It may require time, but the result must be certain. If it can be shown that his complaints are nothing but defamatory clamor, he will be reduced to that low condition that it will be the interest of no sect or party to attempt to hold him up.

I see no danger in delay, but fear much in too great haste. Perhaps there is no occasion at present to determine how long the Trustees should delay adopting their final course. Circ.u.mstances may render that expedient at a future time which is not now. I feel much confidence that a very decisive course against the president by the Trustees at the present time would create an unpleasant sensation in the public mind, and would, I fear, be attended with unpleasant consequences.

"I am sensible I have expressed my opinion very strongly on a subject in which I have only a common interest. I frankly confess I have been somewhat influenced by fears that some of the Trustees will find it difficult to free themselves entirely from the effects of the severe irritation they must have lately experienced.

"I am, dear sir, with esteem, "Sincerely yours.

"Jeremiah Mason."

"C. Marsh, Esq."

President Wheelock was removed from office on the 26th of August, 1815, by the vote of a decided majority of the Board, upon grounds of which the following is the substance:

"1st. He has had an agency in publishing and circulating a certain anonymous pamphlet, ent.i.tled 'Sketches of the History of Dartmouth College and Moor's Charity School,' and espoused the charges therein contained before a committee of the Legislature. The Trustees consider this publication a libel on the inst.i.tution.

"2d. He claims a right to exercise the whole executive authority of the college, which the Charter has expressly committed to the Trustees, with the president, professors, and tutors by them appointed. He also claims a right to control the Corporation in the appointment of executive officers.

"3d. He has caused an impression to be made on the minds of students under censure for transgression of the laws of the inst.i.tution, that if he could have had his will they would not have suffered disgrace or punishment.

"4th. He has taken a youth who was not an Indian, but adopted by an Indian tribe, and supported him in Moor's School, on the Scotch fund, which is granted for the sole purpose of instructing and civilizing Indians.

"5th. He has, without sufficient ground for such a course, reported that the real cause of the dissatisfaction of the Trustees with him was a diversity of religious opinions between him and them."

In taking leave of the second president, we have only to remark, as we introduce his eulogist, Mr. Samuel Clesson Allen, that both parties to the contest apparently overrated their grievances.

"President Wheelock was distinguished for the extent and variety of his learning. With a lively curiosity he pushed his inquiries into every department of knowledge, and made himself conversant with the various branches of science. But of all the subjects which presented themselves to his inquisitive mind those which relate to man in his intellectual const.i.tution and social relations engaged and fixed his attention. His favorite branches were Intellectual Philosophy, Ethics, and Politics. Possessing in an eminent degree the spirit of his station, he fulfilled with singular felicity the offices of instructor and governor in the college. Animated and ardent himself, he could transfuse the same holy ardor into the minds of his pupils. What youth ever visited him in his study, but returned to his pursuits with a renovated spirit, and a loftier sentiment of glory?

"He had formed the n.o.blest conceptions of the powers of the human mind, and of its ultimate progress in knowledge and refinement. This sentiment called forth the energies of his mind, and gave direction and character to his inquiries. It pervaded all his instructions, and imparted to science and to letters their just preeminence among the objects of human pursuit.

"He never sought to preoccupy the minds of his pupils with his own peculiar notions, or to impose upon them any favorite system of opinions. He endeavored to make them proficients in science, and not the proselytes of a sect.

"In government he commanded more by example than by authority, and the admiration of his talents ensured a better obedience than the force of laws. His elevation of mind placed him above personal prejudices and resentments, and jealousies of wounded dignity. He practiced no espionage upon his pupils, but reposed for the maintenance of order on their sense of propriety, and his own powers of command. He conciliated their attachment while he inspired their reverence; and he secured their attention to the stated exercises and reconciled them to the severest studies by the example he exhibited, and the enthusiasm he inspired. He knew how to adapt his discipline to the various dispositions and characters, and could discriminate between the accidental impulse of a youthful emotion and deliberate acts of intentional vice.

"He was an interesting and powerful speaker. His erect att.i.tude and dignified action inspired reverence, and commanded attention. But the wonderful force of his eloquence arose from the strength and sublimity of his conceptions. Such were his originality of thought, and rich variety of expression, that he could present the most common subjects in new and interesting lights. His public discourses evinced the strength of the reasoning faculty, the powers of the imagination, and the resources of genius.

"He would sometimes conduct the mind with painful subtility through the multiplied steps of a long demonstration. At other times he would glance upon the main topics of his argument, and seize on his conclusion by a sort of intuitive penetration. He frequently embellished his subject with the higher ornaments of style, and diffused around the severer sciences the graces and elegancies of taste. For force of expression he might be compared to Chatham, and in splendid imagery he sometimes rivaled Burke. He would, at pleasure, spread a sudden blaze around his subject or diffuse about it a milder radiance.

"To the interpretation of the Scriptures he carried all the lights which geography, history, and criticism could supply, and poured their full effulgence upon the sacred page. His daily prayers always presenting new views of the works and perfections of the Deity, exhibited whatever was vast in conception, glowing in expression and devout in feeling.

"He was probably formed not less for the higher offices of active life than for the speculations of science. Distinguished for the boldness of his enterprise and the decisive energy of his character, he set no limits to what individual exertion and effort could accomplish. He attempted great things with means which other men would have esteemed wholly inadequate, and the vigor of his mind increased in proportion to the difficulties he met in the execution of his enterprises. He was disheartened by no difficulties, he was intimidated by no dangers, he was shaken by no sufferings. The glory which he sought was not the temporary applause of this party or that sect, but it was the glory which results from unwearied efforts for the improvement and happiness of man. He was not less distinguished by the object and character of his enterprises than by the great qualities he exhibited in their accomplishment. His was a high and holy ambition, which, while it preserved its vigor, identified its objects with those of the purest charity."

Dartmouth conferred the degree of LL. D. upon President Wheelock in 1789. He died at Hanover, April 4, 1817, his wife, Mrs. Maria (Suhm) Wheelock, daughter of Governor Christian Suhm, of St. Thomas, W. I., surviving him.

CHAPTER XII.

ADMINISTRATION OF PRESIDENT BROWN.--CONTEST BETWEEN THE COLLEGE AND THE STATE.--TRIUMPH OF THE COLLEGE.

Rev. Francis Brown of North Yarmouth, Maine, was elected the successor of President Wheelock. His character will be the subject of a later chapter. He was inaugurated in September, 1815, and entered at once with vigor and earnestness upon the performance of his official duties.

The Committee of the New Hampshire Legislature of 1815, Rev. Ephraim P. Bradford, Nathaniel A. Haven, and Daniel A. White, appointed to investigate the affairs of the college, reported in substance, that there was no ground for interference by the State.

The deep interest in the college question produced a political revolution in the State. In his message to the Legislature at the opening of the session in June, 1816, Governor Plumer says:

"Permit me to invite your consideration to the state and condition of Dartmouth College, the head of our learned inst.i.tutions. As the State has contributed liberally to the establishment of its funds, and as our const.i.tuents have a deep interest in its prosperity, it has a strong claim to our attention. The charter of that college was granted December 13th, 1769, by John Wentworth, who was then Governor of New Hampshire, under the authority of the British king. As it emanated from royalty, it contained, as was natural it should, principles congenial to monarchy; among others, it established Trustees, made seven a quorum, and authorized a majority of those present to remove any of its members which they might consider unfit or incapable, and the survivors to perpetuate the Board by themselves, electing others to supply vacancies. This last principle is hostile to the spirit and genius of a free government. Sound policy therefore requires that the mode of election should be changed, and that Trusties, in future, should be elected by some other body of men.

"The college was founded for the public good, not for the benefit or emolument of its Trustees; and the right to amend and improve acts of incorporation of this nature has been exercised by all governments, both monarchical and republican. In the Charter of Dartmouth College it is expressly provided that the president, trustees, professors, tutors and other officers, shall take the oath of allegiance to the British king; but if the laws of the United States, as well as those of New Hampshire, abolished by implication that part of the Charter, much more might they have done it directly and by express words. These facts show the authority of the Legislature to interfere upon this subject."

Governor Plumer communicated this message to Jefferson, who replied in his letter of July 21, 1816: "It is replete with sound principles, and truly republican. Some articles, too, are worthy of notice. The idea that inst.i.tutions established for the use of the nation cannot be touched nor modified, even to make them answer their end, because of rights gratuitously supposed in those employed to manage them in trust for the public, may, perhaps, be a salutary provision against the abuses of a monarch, but it is most absurd against the nation itself.

Yet our lawyers and priests generally inculcate this doctrine, and suppose that preceding generations held the earth more freely than we do; had a right to impose laws on us, unalterable by ourselves; and that we, in like manner, can make laws and impose burdens on future generations, which they will have no right to alter; in fine, that the earth belongs to the dead, and not to the living."

The following action shows the result:

"The undersigned, three of the members of the Board of Trustees of Dartmouth College, having this morning seen a printed copy of a bill before the Honorable House [of the New Hampshire Legislature], the provisions of which, should they go into effect would set aside the Charter of the college, and wholly change the administration of its concerns, beg leave respectfully to remonstrate against its pa.s.sage.

The provisions of the bill referred to change the name of the corporation; enlarge the number of Trustees; alter the number to const.i.tute a quorum; render persons living out of the State, who are now eligible, hereafter ineligible; vacate the seats of those members who are not inhabitants of the State; deprive the Trustees of the right of electing members to supply vacancies; and give to the new Board of Trustees an arbitrary power of annulling everything heretofore transacted by the Trustees; and this last without the concurrence of the proposed Board of Overseers. The consent of the present Board of Trustees is in no instance contemplated as necessary to give validity to the new act of incorporation.

"In the opinion of the undersigned, these changes, modifications, and alterations effectually destroy the present Charter of the college and const.i.tute a new one.

"Should the bill become a law, it will be obvious to our fellow citizens that the Trustees of Dartmouth College will have been deprived of their Charter rights without having been summoned or notified of any such proceeding against them. It will be equally obvious to our fellow citizens that the facts reported by the committee of investigation [of the last Legislature] did not form the ground and basis of the new act of incorporation; and that no evidence of facts of any sort, relating to the official conduct of the Trustees, other than the report of the committee of investigation, was submitted to your Honorable Bodies.

"To deprive a Board of Trustees of their Charter rights, after they have been accused of gross misconduct in office, without requiring any proof whatever of such misconduct, appears to your remonstrants unjust, and not conformable to the spirit of the free and happy government under which we live. If the property has been misapplied, if there has been any abuse of power upon the part of the Trustees, they are fully sensible of their high responsibility; but they have always believed, and still believe, that a sound construction of the powers granted to the Legislature, gives them, in this case, only the right to order, for good cause, a prosecution in the judicial courts.

"A different course effectually blends judicial and legislative powers, and const.i.tutes the Legislature a judicial tribunal.