The Dartmouth College Causes and the Supreme Court of the United StatesShirley, John M. The Dartmouth College Causes and the Supreme Court of the United States. Chicago: G.I. Jones, 1895. 469 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. ISBN 1-58477-337-5. Cloth. * Reprint of the first edition. Dartmouth College vs. Woodward (1816-1819) established significant precedents concerning state authority and the nature of private enterprise. Dartmouth College was incorporated under a royal charter in 1769 as a private corporation. In 1816 the New Hampshire Legislature attempted to transform the college into a state institution. Daniel Webster, representing the college trustees, convinced the Supreme Court that the royal charter was a contract that could not be invalidated by subsequent state legislation. The court concurred. Its decision initiated a significant constitutional limitation on state authority. It also helped to define corporations as relatively unregulated private economic entity that contributed to the public sphere through enlightened self-interest. Shirley offers a vivid account of the case, enriched by extensive quotation of primary archival sources. |
Contents
Section 13 | 229 |
Section 14 | 249 |
Section 15 | 277 |
Section 16 | 302 |
Section 17 | 317 |
Section 18 | 328 |
Section 19 | 345 |
Section 20 | 371 |
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Common terms and phrases
aforesaid amend appointed argument authority Board of Trustees Brown Charity-School Charles River Bridge charter chief justice Circuit Court COLLEGE CAUSES consent Constitution corporation counsel Crowninshield Dartmouth College decided decision donations Eleazar Wheelock Elijah Paine fact favor Federal Federalist Fletcher founder friends funds Governor Plumer grant Hampshire Hanover impairing the obligation incorporation Indian institution Jeremiah Mason John Wentworth John Wheelock Judge Niles Judge Smith Judge Story judgment judicial June jurisdiction Kent land legislative Legislature letter to Farrar Marsh Marshall ment Moor's Nathaniel Niles obligation clause obligation of contracts Ogden Olcott old trustees opinion overseers Parliament party passed Peck person Pinkney plaintiffs political poration president province provisions purpose question reasons respect Seth Payson statutes Sturges successors Supreme Court term Timothy Farrar tion town Trustees of Dartmouth United University visitor vote Washington Webster's Priv Wirt Woodward