xt7msb3wtd0h_3 https://exploreuk.uky.edu/dips/xt7msb3wtd0h/data/mets.xml https://exploreuk.uky.edu/dips/xt7msb3wtd0h/data/72m2.dao.xml unknown 166 Cubic Feet 381 document boxes, seven textile items, three map folders, one artwork archival material 72m2 English University of Kentucky The physical rights to the materials in this collection are held by the University of Kentucky Special Collections Research Center.  Contact the Special Collections Research Center for information regarding rights and use of this collection. Frederick Moore Vinson papers Economic stabilization. Elections -- United States -- Congresses. Judges -- Correspondence. Judges -- United States. Judicial opinions Judicial process -- United States Legislators -- Correspondence. New Deal, 1933-1939. World War, 1914-1918 -- Veterans. World War, 1939-1945. Associate Justices - Harold Burton text Associate Justices - Harold Burton 2019 https://exploreuk.uky.edu/dips/xt7msb3wtd0h/data/72m2/Box_161/Folder_1/Multipage217.pdf 1952-1953 1953 1952-1953 section false xt7msb3wtd0h_3 xt7msb3wtd0h fitmreme @nmt uf the 33mm fitates
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August 1 - 31, 1952

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

(6 p.m.) . . Arrive Chateau Frontenac, Quebec, Canada
Leave Quebec by auto
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firrive The Chantecleg, Ste. fidele on Kant, Province

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érrive The General Brock Hoteli Niagara Falls, Ontario,
. , 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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    >m I,\'l'Ii Jl's'l'IH-I «)1? TIM; sL‘Hucm: (‘HL'li'L‘ my 'I‘HI-I I‘XL'I‘H) .<'1‘.\'1'1:s in ('(lUllt I‘llfz'm/ Iii/Ht Tumms 1i. \Y.A.<.«;.\:\r.\x MARSHAL ()l’ 'J‘IIJI SI'I‘IHIRIIG ('Hl‘li'l' HI" THE I'NITI,“ .\'l'.v\'i'1-Z>‘ \‘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. v- “KW w - ,e W «Walsh». 45»: Hams-o klvM—elu-J J... “n W’ " Wm axmwmvk . [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