Political Ties Spark Collegiate Controversy
According to Hall (2006) because the American legal system was only just beginning in early nineteenth century it was inevitable that many political and legal controversies would develop. "The federal system, which limited the power of the central government and allowed states wide latitude to set their own policies, ensured that the outcome of this process would reflect the diversity of preferences already characteristic of the American people" (p. 36).
In 1816, New Hampshire's pro-Republican governor, William Plumer, and state legislature that also favored Republican philosophies, determined to transform Dartmouth College's Federalist-minded leadership and replace with trustees appointed through the state-run political process. In doing so they changed Dartmouth from a 'College' to a 'University,' and changed the procedures for greater public access and control of the institution.
United States senator Daniel Webster, and Dartmouth alum, advised the replaced trustees to appeal to the Supreme Court "on the grounds that the state had violated Article II, Section 10 of the Constitution, which forbade states from impairing the obligation of contracts" (Hall, 2006, p. 36-37). Webster argued that because of the charitable nature in which Dartmouth College was established, Hall (2006) notes Webster's position: "Though the use was public...this did not diminish the private character of the donated property: the gifts were made to the trustees and, as such, constituted private contracts between the trustees and the donors—contracts which the Constitution prohibited the states from abrogating" p. 37). Webster's case was upheld.
References:
Hall, P. D. (2007). "A Historical Overview of Philanthropy, Voluntary Associations, and Nonprofit Organizations in the United States, 1600-2000.” In W.W. Powell & R. Steinberg (eds.), The Nonprofit Sector: A Research Handbook – Second Edition, pp. 32-65. Retrived from http://www.hks.harvard.edu/fs/phall/Powell%20Essay-Final%20-%20rev.pdf
