Dartmouth University
Encyclopedia
Dartmouth University is a defunct institution in New Hampshire
which existed from 1817 to 1819. It was the result of a thwarted attempt by the state legislature to make Dartmouth College
, a private college, into a public university. The United States Supreme Court case that settled the matter, Dartmouth College v. Woodward
, is considered a landmark.
on the campus of Dartmouth College
. The University was established by the New Hampshire Legislature in an act of June 27, 1816. The College Trustees had dismissed President John Wheelock
, and his allies in Concord
sought to reinstate him through legislation. The act ostensibly modified the existing Charter rather than establishing a new institution: it attempted to change the name to Dartmouth University, to increase the number of Trustees from twelve to twenty-one, and to create a board of twenty-five Overseers including, ex officio, the Governor and Council, the President of the Senate, the Speaker of the House, and the Governor and Lieutenant-Governor of Vermont
.
The Legislature had some reason to see the existing school as a state charity. Dartmouth used the terms "college" and "university" almost interchangeably in its early years. It accepted state grants of land and money, including the Second College Grant and state funding for the construction of its medical school in 1811. It included in its first board of Trustees the Governor, the President of Governor's Council, two Council members, the Speaker of the New Hampshire House, and an Assistant of the Colony of Connecticut
.
Many of Dartmouth's existing Trustees refused to obey the Legislature's act, however, and the Trustees of Dartmouth University failed to obtain a quorum to conduct any business. In response, the Legislature voted on December 18, 1816 that the Governor had the power to fill the vacancies left by the Trustees who would not submit (eight known as "the Octagon") and decided to reduce the number required for a quorum. The University Trustees met and brought the University into being during 1817.
Dartmouth University as the Legislature saw it would offer a broad professional program, including separate schools of law and medicine. The existing Medical School continued to operate, but the rest of the University remained small: professors taught classes to a small number of undergraduates in Dartmouth Hall. The University took possession of the College Charter and its Seal, hiding them in a nearby farmhouse. A small group of University professors and allied townspeople attempted to take the private libraries of the College's two literary societies, the Social Friends and the United Fraternity, which were located in Dartmouth Hall. Students living in the building heard the sound of an axe breaking down the door of the U.F. library at night and sounded the alarm. A group of students wielding sticks of firewood soon forced the professors out, and the societies removed their libraries to keep them from falling into the hands of the University.
The College, meanwhile, rented rooms in a building north of Dartmouth Hall and filed a suit in the county court to regain its property. Though lacking its former buildings, the College retained most of its students and had a much larger enrollment than the University. Students of the two institutions would pass each other on the Green between classes, and the two schools competed to reserve the College Church for Commencements on the same day. Both schools graduated students in 1817 and 1818.
Though the College effectively was fighting for its life against the legislature, its cause of action ostensibly sought the return of the Charter and the Seal from the University Treasurer, William H. Woodward. The school lost and appealed the case directly to the state's supreme court, where it lost again and appealed to the U.S. Supreme Court. Daniel Webster
argued the side of the College in the Dartmouth College Case, describing the Charter this way: "A charter of more liberal sentiments, of wiser provisions, drawn with more care, or in a better spirit, could not be expected at any time or from any other source."
The Court decided the case near the end of 1818 and released Chief Justice John Marshall
's opinion in February, 1819. The decision declared the Legislature's acts unconstitutional as interferences with the obligations of a contract, whether that contract was seen as the one that existed between College founder Eleazar Wheelock
and the Crown, the one between the school's various benefactors and the Crown, or between some other combination of parties. When the news reached Hanover several days later, the College and University were between terms, with few students in town. Many townspeople who supported the College celebrated, however, cheering loudly in the streets and firing a cannon. That spring, Dartmouth College reoccupied its buildings.
The New Hampshire Legislature would not attempt to establish another university until the 1860's, when it created the land-grant forerunner of the University of New Hampshire
, originally called the New Hampshire College of Agriculture and the Mechanic Arts – in Hanover, associated with Dartmouth College.
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
which existed from 1817 to 1819. It was the result of a thwarted attempt by the state legislature to make Dartmouth College
Dartmouth College
Dartmouth College is a private, Ivy League university in Hanover, New Hampshire, United States. The institution comprises a liberal arts college, Dartmouth Medical School, Thayer School of Engineering, and the Tuck School of Business, as well as 19 graduate programs in the arts and sciences...
, a private college, into a public university. The United States Supreme Court case that settled the matter, Dartmouth College v. Woodward
Dartmouth College v. Woodward
Trustees of Dartmouth College v. Woodward, 17 U.S. 518 , was a landmark United States Supreme Court case dealing with the application of the Contract Clause of the United States Constitution to private corporations...
, is considered a landmark.
History (1817-1819)
Dartmouth University operated in Hanover, New HampshireHanover, New Hampshire
Hanover is a town along the Connecticut River in Grafton County, New Hampshire, United States. The population was 11,260 at the 2010 census. CNN and Money magazine rated Hanover the sixth best place to live in America in 2011, and the second best in 2007....
on the campus of Dartmouth College
Dartmouth College
Dartmouth College is a private, Ivy League university in Hanover, New Hampshire, United States. The institution comprises a liberal arts college, Dartmouth Medical School, Thayer School of Engineering, and the Tuck School of Business, as well as 19 graduate programs in the arts and sciences...
. The University was established by the New Hampshire Legislature in an act of June 27, 1816. The College Trustees had dismissed President John Wheelock
John Wheelock
John Wheelock was the eldest son of Eleazar Wheelock who was the founder and first president of Dartmouth College; John Wheelock succeeded his father as the College’s second president.-Early life:...
, and his allies in Concord
Concord, New Hampshire
The city of Concord is the capital of the state of New Hampshire in the United States. It is also the county seat of Merrimack County. As of the 2010 census, its population was 42,695....
sought to reinstate him through legislation. The act ostensibly modified the existing Charter rather than establishing a new institution: it attempted to change the name to Dartmouth University, to increase the number of Trustees from twelve to twenty-one, and to create a board of twenty-five Overseers including, ex officio, the Governor and Council, the President of the Senate, the Speaker of the House, and the Governor and Lieutenant-Governor of Vermont
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
.
The Legislature had some reason to see the existing school as a state charity. Dartmouth used the terms "college" and "university" almost interchangeably in its early years. It accepted state grants of land and money, including the Second College Grant and state funding for the construction of its medical school in 1811. It included in its first board of Trustees the Governor, the President of Governor's Council, two Council members, the Speaker of the New Hampshire House, and an Assistant of the Colony of Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
.
Many of Dartmouth's existing Trustees refused to obey the Legislature's act, however, and the Trustees of Dartmouth University failed to obtain a quorum to conduct any business. In response, the Legislature voted on December 18, 1816 that the Governor had the power to fill the vacancies left by the Trustees who would not submit (eight known as "the Octagon") and decided to reduce the number required for a quorum. The University Trustees met and brought the University into being during 1817.
Dartmouth University as the Legislature saw it would offer a broad professional program, including separate schools of law and medicine. The existing Medical School continued to operate, but the rest of the University remained small: professors taught classes to a small number of undergraduates in Dartmouth Hall. The University took possession of the College Charter and its Seal, hiding them in a nearby farmhouse. A small group of University professors and allied townspeople attempted to take the private libraries of the College's two literary societies, the Social Friends and the United Fraternity, which were located in Dartmouth Hall. Students living in the building heard the sound of an axe breaking down the door of the U.F. library at night and sounded the alarm. A group of students wielding sticks of firewood soon forced the professors out, and the societies removed their libraries to keep them from falling into the hands of the University.
The College, meanwhile, rented rooms in a building north of Dartmouth Hall and filed a suit in the county court to regain its property. Though lacking its former buildings, the College retained most of its students and had a much larger enrollment than the University. Students of the two institutions would pass each other on the Green between classes, and the two schools competed to reserve the College Church for Commencements on the same day. Both schools graduated students in 1817 and 1818.
Though the College effectively was fighting for its life against the legislature, its cause of action ostensibly sought the return of the Charter and the Seal from the University Treasurer, William H. Woodward. The school lost and appealed the case directly to the state's supreme court, where it lost again and appealed to the U.S. Supreme Court. Daniel Webster
Daniel Webster
Daniel Webster was a leading American statesman and senator from Massachusetts during the period leading up to the Civil War. He first rose to regional prominence through his defense of New England shipping interests...
argued the side of the College in the Dartmouth College Case, describing the Charter this way: "A charter of more liberal sentiments, of wiser provisions, drawn with more care, or in a better spirit, could not be expected at any time or from any other source."
The Court decided the case near the end of 1818 and released Chief Justice John Marshall
John Marshall
John Marshall was the Chief Justice of the United States whose court opinions helped lay the basis for American constitutional law and made the Supreme Court of the United States a coequal branch of government along with the legislative and executive branches...
's opinion in February, 1819. The decision declared the Legislature's acts unconstitutional as interferences with the obligations of a contract, whether that contract was seen as the one that existed between College founder Eleazar Wheelock
Eleazar Wheelock
Eleazar Wheelock was an American Congregational minister, orator, educator, and founder of Dartmouth College....
and the Crown, the one between the school's various benefactors and the Crown, or between some other combination of parties. When the news reached Hanover several days later, the College and University were between terms, with few students in town. Many townspeople who supported the College celebrated, however, cheering loudly in the streets and firing a cannon. That spring, Dartmouth College reoccupied its buildings.
The New Hampshire Legislature would not attempt to establish another university until the 1860's, when it created the land-grant forerunner of the University of New Hampshire
University of New Hampshire
The University of New Hampshire is a public university in the University System of New Hampshire , United States. The main campus is in Durham, New Hampshire. An additional campus is located in Manchester. With over 15,000 students, UNH is the largest university in New Hampshire. The university is...
, originally called the New Hampshire College of Agriculture and the Mechanic Arts – in Hanover, associated with Dartmouth College.
See also
- Charles Franklin Emerson, preparer,"Historical Sketch," in General Catalogue of Dartmouth College and the Associated Schools 1769-1910 including a Historical Sketch of the College (Hanover, N.H.: Dartmouth College, 1910-11)
- Richard N. Current, "'It is... a small college... yet, there are those who live it:' Dartmouth College v. Woodward," American Heritage 14, no. 5 (August 1963).
- Trustees of Dartmouth College v. Woodward, 17 U.S. 518 (1819).