nability to perform this part in a manner worthy of its
importance, yet they are firmly resolved, relying on divine
assistance, not to shrink from any duty, or any danger, which it may
involve.

"The penal act of December they cannot but regard as unnecessarily
severe; nor do they see what purpose it was calculated to answer,
except to influence them, by the prospect of embarrassing suits, to an
abandonment of their trust. They are aware that men may be found
disposed to multiply prosecutions against them, and to despoil them of
the little property they possess; but they believe themselves called
in Providence not to shun this hazard, as they cannot reconcile it
with their obligation to the institution under their care, to
relinquish the places they occupy, until it shall be ascertained that
they cannot rightfully retain them.

"As the university Trustees have expressed a great regard for the
laws, the undersigned have a right to expect that neither they, or any
agents appointed by them, will resort to illegal measures to seize on
the college buildings and property. Should such measures unhappily be
adopted, the undersigned will make no forcible resistance, it not
being a part of their policy to repel violence by violence. They will
quietly withdraw where they cannot peaceably retain possession, and,
with the best accommodations they can procure, will continue to
instruct the classes committed to them, until the prevalence of other
counsels shall procure a repeal of the injurious acts, or until the
decision of the law shall convince them of their error, or restore
them to their rights.

"Francis Brown,
"Ebenezer Adams,
"Roswell Shurtleff.

"February 28, 1817."

* * * * *

The above gentlemen constituted the permanent Faculty at this period.
In view of all the circumstances they determined to surrender the
college buildings and library to their opponents, and the Trustees
determined to test their rights before the courts, the action being
brought against the former Treasurer, who adhered to the "University"
party.

"The action: 'The Trustees of Dartmouth College _v._ William H.
Woodward,' was commenced in the Court of Common Pleas, Grafton County,
State of New Hampshire, February Term, 1817. The declaration was
trover for the books of record, original charter, common seal, and
other corporate property of the college. The conversion was alleged
to have been made o