ture and science, of all
parties and sects, cannot be attained; if the triumph of one party
over the other be absolutely indispensable; fearful apprehensions must
fill the mind of every considerate man, every dispassionate friend of
Dartmouth College.
Thos. W. Thompson,
Elijah Paine,
Asa M'Farland.
"June 19, 1816."
* * * * *
The effect of this proposed compromise was a modification of the bill
in some of its important features. Against the amended bill, which was
passed a few days afterward, there was a farther protest, from which
we make brief extracts.
"The undersigned would not trouble the Honorable Legislature with any
remarks in addition to those contained in their remonstrance of the
19th inst. did they not believe it was a duty not to be omitted."
Referring to the amended bill, they continue:
"They have not been able to obtain a sight of it, but have heard it
contains provisions for an increase of the Board of Trustees to the
number of twenty-one, a majority of whom to constitute a quorum, and
that the additional number are to be appointed by His Excellency the
Governor and the Honorable the Council. To many of the topics of
argument, suggested in their former remonstrance (which are equally
applicable against the passage of the bill in its present shape) they
respectfully ask leave to add, that the bill in its present shape
destroys the identity of the corporation, known in the law by the name
of the Trustees of Dartmouth College, without the consent of the
corporation, and consequently the corporation to be created by the
present bill must and will be deemed by courts of law altogether
diverse and distinct from the corporation to which all the grants of
property have hitherto been made; and therefore the new corporation
cannot hold the property granted to the corporation created by the
charter of 1769.
"By the Charter of Dartmouth College a contract was made by the then
supreme power of the State with the twelve persons therein named, by
which, when accepted by the persons therein named, certain rights and
privileges were vested in them and their successors, for the guarantee
of which the faith of government was pledged by necessary implication.
In the same instrument the faith of government was pledged that the
corporation should consist of twelve persons and no more. The change
in the government of the State, since taken place, does not in the
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