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]