CHAPTER VI.

A COLLEGE CHARTER.

The long-protracted efforts of Mr. Wheelock,[21] to provide legal

safeguards for donations in aid of his great work, now demand careful

attention.

[21] It will be observed that the appropriate title, at the period

under consideration, is given to the founder of the college

here as elsewhere in this work.

The deed of Mr. Joshua More, conveying two acres of land with

buildings attached, was dated July 17, 1755, a short time previous to

his death. Mr. Wheelock now placed himself in confidential relations

with two eminent lawyers in New York, William Smith, and his son

William Smith, Jr., the latter of whom, perhaps, may be said to have

left his impress upon the Constitution of the United States, through

his distinguished pupil, Gouverneur Morris. The correspondence, at

first, seems to have been chiefly with Mr. Smith, Senior. August 6,

1755, he writes to Mr. Wheelock: "The means for the accomplishment of

so charitable a design seem at present very imperfect." He suggests,

that there is "no incorporation" of Mr. Wheelock and the other

gentlemen to whom Mr. More conveyed the property; that the deed

contains "no consideration;" and that the estate is at most only "for

life." He advises Mr. Wheelock, at least, to procure a better deed,

which was afterwards executed by Mrs. More. The death of Mr.

Wheelock's most influential and valuable associate trustee,

ex-President Williams, only a few days after the conveyance by Mr.

More, was a severe loss, and a temporary embarrassment to his

associates. But Mr. Wheelock determined to proceed in his efforts for

an incorporation, relying mainly upon the dictates of his own judgment

for direction. After the lapse of some five years, in February, 1760,

he gives the results to Mr. Smith, in language of which the following

is the substance: "We sent home some years ago for the royal favor of

a Charter. Lord Halifax approved the design, but [to save expense]

advised, instead of a Charter, the establishment of the school by a

law of Connecticut Colony, and promised that when sent there it should

be ratified in Council, which he supposed would be as sufficient as

any act there. Hereupon I attended our Assembly, in May, 1758, with a

memorial, the prayer of which was granted by the House of

Representatives; the Governor and Council negatived it, upon the

ground that their action would not be valid, if ratified in England,

beyond this Colony, and that a corporation within a corporation might

be troublesome, as Yale College had sometimes been. I am since

informed that the Earl of Dartmouth has promised, if the matter shall

be put into a proper channel, to undertake and go through with it at

his own expense."

Thus it appears that Lord Dartmouth was desirous of aiding Mr.

Wheelock by his influence, and otherwise, long before being asked by

him for pecuniary aid. In explanation of the governor's objections, it

should be stated, that Mr. Wheelock desired such an incorporation as

would enable him to locate his school in any of the American Colonies,

and that there was just at that period an earnest contest between the

corporation of Yale College, led by President Clap, and the Colonial

government, in regard to the control of that institution.

Nothing having been accomplished in the meantime, Mr. Wheelock writes

in July, 1763, to his friend, Dr. Erskine, as follows: "Governor Fitch

privately proposes my removing my prayer for an incorporation from

this government [Connecticut]. It is likely we shall delay, it till we

see the success of our suit for the Royal favor." In September

following, he writes to his friend, Mr. De Berdt, in London, that he

has sent to him "materials, by General Lyman[22] and Colonel

Dyer,"[23] to enable him to "make application for an incorporation."

Unsuccessful as before in England, for reasons which will become more

apparent hereafter, in May, 1764, we find Mr. Wheelock petitioning

the Connecticut Assembly "to incorporate" six gentlemen of the Colony,

including George Wyllis, of Hartford, and himself, as legal guardians

of his school. But he did not procure the long-desired incorporation.

[22] The distinguished Gen. Phineas Lyman.

[23] Hon. Eliphalet Dyer, of Windham.

In 1765, being about to send solicitors of charity on a larger scale

to England, Mr. Wheelock decided to make yet one more effort there for

an act of incorporation. A letter from Mr. Smith, written evidently

about this time, no date being attached, contains advice to Mr.

Wheelock in which we trace one of the most prominent features of the

Charter. He proposes, in substance: "an application to the King for a

short Charter incorporating. First, A sett of gentlemen in the

Colonies near Mr. Wheelock, who shall have all the power of a

corporation, as to managing estates, supplying vacancies, etc. Second,

Another sett in England and elsewhere in Europe, who, shall be

correspondents of the first sett, and only have the general power of

securing donations to be transferred to them."

Lord Dartmouth and the other gentlemen in England who were

constituted, by Mr. Wheelock, a Board of Trust for the moneys

collected in that country, by Messrs. Occom and Whitaker, seem to have

thought this private incorporation amply sufficient for the security

of these funds. In writing to Mr. Keen, in November, 1767, Mr. (now

Dr.) Wheelock alludes to the fact that this gentleman had expressed an

opinion that his successor should be "in all respects accountable to

the present Trust." Although dissenting from this opinion, Dr.

Wheelock seems to have been prudent and conciliatory in his

intercourse with his worthy benefactors, wisely deeming it an object

of primary importance to raise the requisite funds for his operations.

Messrs. Occom and Whitaker having fulfilled their mission abroad, and

generous promises of aid having been made by Governor Wentworth, we

find Dr. Wheelock, in October, 1768, writing to him as follows: "As

soon as the place to fix the school shall have been determined to be

in your Province, I will appoint your Excellency, or the Governor for

the time being, to be a Trustee on this side the water till a legal

incorporation may be obtained." This shows that Dr. Wheelock was not

averse to a judicious admixture of the clerical and lay elements in

the Board of Trust, although the Trustees named in his will, the germ

of the charter, were clergymen.

The suggestion seems to have been most kindly received by Governor

Wentworth. Dr. Wheelock now determined to avail himself of the aid of

his firm and valuable friend, Rev. Dr. Langdon, of Portsmouth. A

letter from him to this gentleman is as follows:

"Lebanon, April 7, 1769.

"Reverend and dear Sir,--Yours by Captain Cushman is safe arrived, and

I have considered the contents. And for several reasons I am of

opinion that it will be best that the Trustees be the same for the

present, as I have already appointed in my will, which I have made at

the desire of the Trust in England, whose names were, with the will,

some time ago transmitted to them. The affair is very delicate, and as

such must be conducted, or it will disgust those worthy gentlemen, and

overset all. Their sentiments of an incorporation have been differing

from mine. They have insisted that I should conduct the whole affair

without one, and that my successor should be nominated and appointed

by my will. Experience, they think, has fully taught them that, by

means of an incorporation, such designs become jobs, and are soon

ruined thereby. They choose to hold the moneys collected there in

their own hands for this purpose, and accordingly have publicly

declared their Trust of the same under their hands and seals, and have

disposed of it, as their wisdom directed, for the benefit of the

school. I have, therefore, after much study and consultation in the

affair, appointed two setts of Trustees, namely, those in England who

have voluntarily condescended to make themselves so, to take care of

whatever concerns the object in view on that side the water; and a

sett in this vicinity, to take care of and perform whatever shall

concern it on this side. I have appointed a successor, to take care of

the school, etc., only till he shall be approved and confirmed by the

concurrence of both setts of Trustees, or till they all agree in

another, nominated by either and approved by both, each sett to have

power to supply vacancies in their Trust, made by death or

resignation, by the major vote of the survivors; something like this I

conceive will be most agreeable to the Right Honorable, Honorable, and

generous benefactors who have accepted the Trust in England, and I

apprehend it will make the design popular and respectable.

"The Trustees here will hold and have the disposal of lands given in

America for this use; and I apprehend it will be proper for his

Majesty's Governor of the Province for the time being to be a Trustee,

but at present I have not light enough to determine a propriety in

making his Majesty himself one on this side the water.

"I have several reasons, which appear to me weighty, for having the

body of the Trustees first incorporated in this vicinity.

"1. They will be at hand to conduct the affairs of the school,

missionaries, schoolmasters, etc., till I can get settled in the

wilderness, which will be impracticable, if they are at the distance

of Portsmouth.

"2. Several of the Trustees talk of removing with me to settle in that

vicinity; and if so, they may for a time act as a committee, till a

sufficient number suitable for that Trust shall be settled (as you

will observe will be expedient) near to the school.

"3. Till this be done, my connections will likely be such as will

oblige me to make frequent visits to these parts, where we may have a

full meeting of the Board without any expense.

"4. Gentlemen here have been so much concerned in Indian affairs, that

I suppose it not to be immodest to say _ceteris paribus_, they are at

present better qualified to act therein than those who will have to

encounter a thousand dangers and difficulties before unthought of.

"5. By having the body corporate here, I can claim a valuable

subscription of L400 or L500 for the use and support of the school,

payable as soon as it becomes a body corporate, besides a tenement in

this place, given for the same purpose.

"If the school should once be settled in those parts, it is likely

population will proceed with much greater rapidity than ever, and the

whole will be soon effected.

"I design to consult some gentlemen of the law relative to an

incorporation, and get a rough draught made, with a view to save time

if the School should be fixed in your Province. Please to discourse

his Excellency of thoughts I have here suggested, and transmit such

remarks as he shall please to make thereon. Please to commend my

respects suitably to him, and accept the same yourself from, reverend

and dear sir,

Your Friend and Brother, etc.,

"Eleazar Wheelock."

"Colonel Wyllis and Esquire Ledyard," of Hartford, were among Dr.

Wheelock's legal advisers in 1768, and probably at this period.

June 7, 1769, we find Dr. Wheelock addressing Governor Wentworth as

follows:

"I have been making some attempt to form a Charter, in which some

proper respect may be shown to those generous benefactors in England

who have condescended to patronize this school, and I want to be

informed whether you think it consistent to make the Trust in England

a distinct corporation, with power to hold real estate, etc., for the

uses and purposes of this school."

But the impress of Governor Wentworth does not appear till a somewhat

later period. August 22, 1769, Dr. Wheelock informs him that he is

about to present him a "rough draught" of a Charter, for an "Academy,"

adding this somewhat significant postscript: "Sir, if you think proper

to use the word College instead of Academy in the Charter, I shall be

well pleased with it."

Dr. Wheelock's son-in-law, Mr. Alexander Phelps, and Rev. Dr. Whitaker

seem to have been the principal agents to confer with Governor

Wentworth in regard to the Charter.

October 18, 1769, he gives his views at length, in a letter to Dr.

Wheelock, advising some amendments. Proposing some additions to the

Board of Trust, he says: "The nomination of the Provincial officers I

strongly recommend, though I do not insist upon. It was indeed

resolved on my side that the Governor should be one" of the Board.

"That I did not mention any other than the Governor can by no means be

preclusive. Neither did I so intend it. The three Provincial officers

will be a natural defense, honor and security to the institution."

The following letter indicates that Governor Wentworth had eminent

legal counsel:

"Rev. Sir: I have had an opportunity of conferring with Colonel Phelps

on the affair of the College proposed to be erected here. You'll find

some alterations in the scheme and draft of the Charter; they are

supposed to be amendments, and I think they, to say the least, will

not be impediments. I cannot stay to enumerate them; the Charter will

show them and the Colonel will be able to explain the grounds and

reasons of them. I have spent some considerable time with the Governor

to form the plan in such a manner as will make it most beneficial, and

to prevail on him to make such concessions as would suit the gentlemen

with you. I am apt to think the plan will be more serviceable as it

now stands than as it was before.

I shall be glad to serve the cause, and have persuaded Colonel Phelps

to communicate it before the finishing stroke, though it will cost him

another journey. I have only to add that I am, with great esteem,

"Your most obedient humble servant,

"William Parker.

"Portsmouth, October 28, 1769."

Six Connecticut clergymen, selected by Dr. Wheelock, with one member

of the Connecticut Colonial government, Governor Wentworth, with three

of his Council, and the Speaker of the New Hampshire House of

Representatives, were constituted the first Board of Trust. This

arrangement, the result of friendly negotiation, appears to have been

satisfactory to both parties.

October 25, 1769, Dr. Wheelock writes to Governor Wentworth,

expressing much satisfaction with his "catholic views," and warm

friendship, as indicated by his letter of the 18th, and says: "If your

Excellency shall see fit in your wisdom and goodness to complete the

Charter desired, and it will be the least satisfaction to you to

christen the House to be built after your own name, it will be

exceedingly grateful to me, and I believe to all concerned." He deems

it important that the public should understand, "that the benevolent

charities are not designed to be applied merely and exclusively to the

advancement of sectaries, with a fixed view to discourage the

Established Church of England." It should here be remarked that

three of the original Trustees of the College were nominally

Episcopalians, and the remaining nine were, most or all, nominally

Congregationalists, although some had Presbyterian tendencies.

In writing to Lord Dartmouth, March 12, 1770, after referring to the

"enclosed copy of incorporation," which was dated December 13, 1769,

President Wheelock says: "Governor Wentworth thought best to reject

that clause in my draught of the Charter which gave the Honorable

Trust in England equal power with the Trustees here to nominate and

appoint the president, from time to time, apprehending it would make

the body too unwieldy, but he cheerfully consented that I should

express my gratitude and duty to your Lordship, by christening after

your name; and as there seemed to be danger of many embarrassments, in

many ways, in the present ruffled and distempered state of the

kingdom, I thought prudent to embrace the first opportunity to

accomplish it." The letter indicates that Dr. Wheelock determined what

should be the name of the institution without conferring with his

distinguished benefactor on that point.

That the English Trustees were somewhat dissatisfied, temporarily,

with the measure of responsibility assumed by Dr. Wheelock, there is

no doubt. But nearly perfect harmony was restored, by the prudence of

that excellent diplomatist. In writing to these gentlemen, June 20,

1771; he says: "I am confident that, had you been upon the spot, you

would have approved every step I have taken, unless it was my attempt

to effect so great an affair as settling in this wilderness in so

short a time, which the event has fully justified, although my trials

have been very great." He also expresses the opinion, that, if they

will compare his plan proposed in his former letters with his

procedure since, they will find that he has "invariably kept the same

object in view." Later records indicate that President Wheelock still

numbered Lord Dartmouth and others of the English Board among his

faithful friends. Although not officially connected with the college,

they evidently cherished an abiding interest in its welfare.

The Charter, so remarkable in its history, is a valuable and an

enduring monument to the genius, skill, and learning of its

distinguished framers.[24] Like the Charters of Harvard and Yale, it

indicates that the clergy were regarded, generally, as the best

depositaries of educational trusts. In the former case, the "teaching

elders" of the "six next adjoining towns" were ex-officio,

"Overseers;" in the latter, the original Trustees were all clergymen.

It may safely be asserted that, of the large number of eminent

gentlemen, who, as Trustees, have administered the affairs of

Dartmouth College, none have been more eminent for their wisdom or

fidelity than the reverend clergy.

[24] See Appendix.

[Illustration: Handwritten letter]

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