Days of Controversy: 1816-1819

Rufus Choate's undergraduate letters to his brother reflect the atmosphere and record the events of the period of the Dartmouth College Case and its prelude

... AND MANY DARTMOUTH YESTERDAYS

Selections by Edward Connery Lathem '51

Growing out of a quarrel in the localchurch and mounting differences betweenPresident John Wheelock and his trustees, the famous Dartmouth College controversy emerged as a public dispute in1815 and early in 1816 became a majorpolitical issue in New Hampshire's elections, the Democrats championing thePresident's cause and attacking the College board, which had at length removedWheelock from office.

Hanover March. 1816 -

Dear brother,

Indisposition has detained me from meeting, but I shall perform my promise. We arrived here Tuesday night in safety - & had the satisfaction of meeting many classmates, some of them however who were on last term have left, & others entered. . . . Should I have my health my acquirements this term ought to be great, whether the measles are hanging about me or not, is uncertain. I feel rather unwell but a few days will decide.-

[¶] Respecting the affairs of this college everything is at present in dread uncertainty. A storm seems to be gathering, the sky lowers & ere long may burst on the present government of Coll. What the event may be time will discover; if the state (& there is no doubt of it) be democratic, a revolution will take place, probably Pres. Brown may be dismissed. in that case, the Coll. will fall.-however, say nothing - all may yet be well & if not we are not to blame-

[¶] I have not yet seen Dr. Muss. & A. Story is at Franc, so that I am rather home-sick. A year is a long time to look forward, but if I am well (which is my great concern) I shall enjoy myself, if not it shall not be my fault. The class is ambitious, & to be among the first, in one which is pronounced the best in Coll. will be an arduous undertaking- Good health will be absolutely necessary for a candidate.

These hints about health may make you uneasy but you must not mind it. I sincerely hope to be able to study hard but shall never injure myself in that way.

... This term is reckoned to continue 26 weeks. I have paid Mrs. D. for B[oard] at 11s per week, discharged all debts, & have some left, the 2 dols. I gave you with expenses from Han. nearly run out those 12 dols. & paying Mrs. D. 25 with wood, candles &c. will soon however, take all.-

I have been just taking some pills.!! for the headachue.-

I dont know what more to write — but supposing in about a month you send me a little money?--

I will now close requesting you to write immediately paying the postage

Love to all - Rufus Choate—

The New Hampshire Democrats werevictorious in the March elections, andthe state's new Governor, WilliamPlumer, in his June message to the General Court called for legislative attentionto the College situation.

Hanover. June 16th 1816.

Dear brother.

I am this moment informed of an opportunity of sending directly home by private conveyance, & shall embrace it. Dr. Mussey leaves here tomorrow or next-day, on (I imagine) important business. You are aware no doubt that this is a critical moment for D. College "the storm so long gathering seems about to burst, the stroke may be fatal, the seat of science may fall —" & I may have to go to Harvard or Yale College, the legislature is sitting & this session will decide the momentous question. You may well suppose we all feel anxious for the result; Presid. Brown is at Concord to hear his fate. If removed Prof. Shurtliff & Adams & probably Mussey will follow & about Vi of the students.

[¶] But to leave affairs "of Church & state & College" & descend to myself, my health is good, eyes tolerably strong, spirits middling; & prospects favourable. "You have felt, as I have" what it is to board wretchedly, & what it is to have independent messmates, (as A. Choate for instance), men, who will express their minds openly & firmly & that fear not the face of clay. this day compleats the 16th week since we have been favoured with "dead calf" twice a day, & should have it for luncheon, but that we have no such meal. Such a continuation of this diet is provoking, & almost excites insurrection, two of our company came very near being expelled the table this morning for letting fall certain treasonable expressions, - on the enormous crime (for instance) of murderingso many poor calves &c.-

[¶] the first prayer bell has rung & I must for a moment quit. 10 weeks to commencement. I need not tell you how anxiously I am waiting for this, nor how much I wish to go home; 6 months study is fatiqueing & at first almos[t] discouraging but it soon passes.-

[¶] The difficulty at the table mentioned above ended in one of our number's leaving to seek lodgings elswhere. the turmoil has subsided.-

[¶] The short notice given me by Dr. Mussey of his going has left me but a short time to write, & numerous engagements, attended with some care & anxiety prevent me from thinking at present even what I wish to tell you. Suffice it to say that life here is the same dull round, from day to day the prayer bell rings at night & it rings in the morning, the hour for recitation regularly arrives] & the moment for dinner follows, then the two oclock bell, then prayers and supper[:] no variety nor no unfortunate disturbance to destroy the sluggish uniformity of the day. . . .

I am anxiously waiting Storys return hoping he will bring some money. If he has defered his journey hither you will be good enough to enclose it by mail.

I must close for want of time with love to all the family without distinctio[n;] wish them all to write. (Please to mention to P. Baker that my eyes have been so that I have not been able to write, wish he would.-

Send some money.

Yours' affectionately R. Choate.

In the summer of 1816 the NewHampshire General Court passed its bill"to amend the charter and enlarge andimprove the corporation of DartmouthCollege." Refusal, however, of the College trustees to recognize the act's legalityand comply with its provisions preventedthe new state-created board of trustees of"Dartmouth University" from achievinga quorum for its initial meeting. Accordingly, with the means of accomplishingthe enacted changes temporarily blocked,the College was able to open its 1816fall term under relatively untroubled conditions on Hanover Plain.

Hanover. November 5. 1816 -

My dear brother:

My feelings on recieving another letter from you I shall not pretend or attempt to describe. You can concieve with what anxiety I was waiting for news from home, & the joy I must feel on "recognising your well known hand; the hand indeed of one" (as you observe) "almost literally raised from the dead." How grateful ought we both to feel! & if I know any thing of myself I do feel so. - Those gloomy forebodings that distracted my waking hours, & the dreams that haunted my sleep have now left me; & I can think of home without its' appearing dreary & melancholy; but I will only add "my hearts desire is," that the cure may be perfected...

[¶] Respecting my own situation I would tell you it is in [the] highest degree pleasant; my room is good, & room-mate agreeable & our fellow students in the house[,] 7 in number mostly seniors, friendly & fam[i]liar: Compared with last term my eyes are well, though I do not attempt studying evenings; this circumstance rendering application in the daytime necessary, I have too much neglected exercise, & my head suffers for it; since conversing, however; with Dr. Mussey I have altered my habits, & regularly exercise once a day.

[¶] The instruction we enjoy is most excellent. Pres. Brown hears us in Horace & Prof. Shurtleff in Algebra & it is our own fault if we do not make suitable advances. By abridging hours of recreation, I have made myself master of the French-Grammar & read without a translation 1 or 2 pages in the original of Telemachus as an exercise every morning.-

[¶] We have a task assigned the class of rather a singular nature & such an one as will with difficulty be well performed; it is the rendering into English poetry one of the odes of Horace, & this with two or 3 other exercises which fall upon us, will I fear oblige me to hurt my eyes by application in the evening. I forget to observe, when speaking of instruction, that Prof. Adams, corrects composition -

Should nothing prevent I shall return at the end of the term, which is now about½ ended. But this is looking perhaps too far forward, & the thought of finding so distressed a house as was ours when I last returned threw a gloom over the prospect before me. You have indeed had a most tedious & distressing illness & no doubt the hope of recovery was often extinguished. Yet y[ou] have been supported, & we can now hope, have been effectually raised from the sick bed.- Being very much engaged at this time & but little to say, I close with expressing a hope that I shall soon recieve another letter from yourself in which you can say, "your disorder has" entirely "left you.-

With love to all, I am your affectionate brother

R. Choate

In December the legislature, at theGovernor's request, moved to remedythe shortcomings of the original act byproviding a supplementary bill that wouldmake possible the formal organization ofthe University board even without theparticipation of the College trustees, andthus effectively bring Dartmouth understate control.

Hanover. Dec. 16th 1816,

Dear brother,

I have been unavoidably prevented, till this moment, from answering your last, & expressing my joy at its' contents...

[¶] You will be sorry to hear what I have to tell you respecting affairs of College. Intelligence has just reached us, that another act has passed both branches of the legislature, & become a law, authorising 9 of the new trustees only, to do business, a number which, it is supposed], can very easily at any time be assembled. That this body will convene immediately, perhaps before the end of the term, & remove the whole of the present government of College, & supply their places with men of their own party, is what the best informed amongst us, confidently expect. The situation of the institution, is you percieve, critical in the extreme; "consternation turns the good man pale."

[¶] You may judge better, of the singular state of the College, & of the confusion which pervails from the following circumstance. It is customary for the Sophomore class to take on itself the business of getting the catalogues of the officers & students annually printed. It was, as usual, done by my class, this fall, with this introduction (if I may so express it) "Catalogue of the officers & students of Dartmouth College." The few democrats & fellows of "the baser sort" amongst us, immediately employed our Hanover democratic printer to strike off an "edition" in this form "Catalogue of the officers & students of Dartmouth University, together with the trustees (old & new) & overseers of the same."! So much for affairs of "College"-

I have been exceedingly troubled with head-ache & my eyes have become somewhat weak. I therefore look with impatience for the close of the term. I would however observe, that if my health is continued I shall employ the coming vacation in diligent & profitable study & excepting the London-derry visit which I heartily dread, shall shut myself up.

Have procured Smith's botany & a "Telemaque" of Dr. Mussey, & to which my attention will this winter be devoted.-

I was sorry not to be at home at Thanksgiving. It was one in which ourfamily could feelingly engage - I spent it with Dr Mussey, agreeably & happily; his wife has since been confined & "John has a brother." [¶] Our class is reduced to about 10. & the weather is cold & "the country cheerless." I am at present alone & have been the last fortnight, as my eyes forbid my studying much during the evening I am often discontented, not to say "homesick." I am anxious to get over the visit to L-derry, which I suppose, must be made. Can you think of a way to have me stop a day perhaps when returning, by meeting me in Chester; & thus abridging it if possible? You will write immediately, have the goodness to inclose money, & determine how to meet me.

Yours' with love to the rest, R. Choate ...

During February 1817 the Universityboard had at last organized, and it proceeded to remove from office in "Dartmouth University" the recalcitrant College trustees, as well as the President andprofessors. New officers and faculty wereappointed for the University, and earlyin March, just before the opening of thespring term, the college buildings wereseized by the University authorities.

Hanover March 12 th 1817

Dear brother,

Without any accident or any unusual circumstance, I arrived in town Sat. eve- ning as I had expected to do. The situa- tion of things was generally pleasa[nt] & far different from what we feared. After their removal from office, the old gov- ernment (as they are stiled) addressed the public in an able & elegant "Circular" (which you have doubtless seen) in which their determination still to instruct as officers of "Dartmouth College" is made known & the reasons which induced the resolution. The partizans of Plumer, however, before the commencement of the term took possession of the Col- lege buildings & library & "opened the campaign" I believe on Monday by unit- ing in prayer, literally with but a single student in the chapel! [(T]his note of Ex- clamation here seems absolutely neces- sary). President Brown and friend[s im- m]ediately engaged a large & convenient hall as a chapel, & entered it the same [mojrning with every scholar in the town, but the one above-mentioned. The stu- dents ha]ve now nearly all come on, & the following is the number on the side of the Uni[versi]ty. Freshmen, none. Sophomores 2. Juniors 1 Seniors 4. Total 7 Possibly 2 or 3 more may join them. This unanimity for President Brown will surprise you perhaps but will doub[t]-less be gratifying.

I called on Dr. Muss[e]y (who, by the by, was carried out of himself at the happy result of College difficulty) & procured the receipt he had taken of Dr. Gates, where I last boarded, with them I am square. Should have remained in the family this term, but the price was raised to 13/6. per week; it being out of the question to think of giving this, I left & now live at Mr. Lee's for 13s. (washing included) the same I gave at Mrs. Gates. It was only, however, on this condition, that I was taken in for price above mentioned) namely that I would pay them by or before the end of this term, [wh]ich closes with the month of May. It will therefore be proper that when you answer this, [whi]ch you will do soon, you inclose perhaps ½ of the sum (the whole is 2.5 dols.) & sometime [bef]ore May the remainder. I have paid ½. of the sum due for room rent. ...

Of my class-mates 26 are on, & every one stimulated by ambition's self They are looking forward with eagerness to the first of April for the giving out of appointments, which will break up the union of the class, & introduce envy & "backbiting." The class is good & a great equality subsists between them in point of scholarship, which will render the duty of the Government difficult.—

This I believe is all [that is] necessary to be communicated. You will write soon & at leng[th.]

My love to all.

Yours'-

R. Choate.

The legal phase of the College-University controversy was initiated by the College trustees early in 1817. Argumentswere heard during the May and September terms of the New Hampshire Superior Court, and on November 6, 1817, aunanimous decision adverse to the College was handed down.

Hanover Nov. 8th 1817

Dear Brother

I should hardly have obtruded another letter upon you till the one I wrote Hannah had recieved an answer, but I cannot help while my feelings are yet excited sitting down to tell how our expectations are again all blasted by the decis[i]on of the New-Hampshire judges. You have perhaps before this been made acquainted with the result, so that it will scarecly be news to you to be informed that they have given unqualified sentance in favour of the act which established Dart. University, and has been the cause of all our difficulty. In consequence of this most unheard of decision, the Trustees have appealed to the Supreme Court of the U. States as a last (and I am almost inclined to say, a precarious) resort. We shall of course have another year to pass, more disagreeable if possible than the last.

[¶] The distance between the students of the two institutions at this place is most unpleasantly widened, and the command in the Bible seems not to be wholly without its effect on the minds of the College scholars, "come out from among them [and be ye separate]." In the mean time the most unhappy circumstance attending it is, "that such a state of [affairs(?)] necessarily discomposes the mind, and unfits it for steady & quiet reflection so indispensable [to pro]gress in science. You may easily suppose that it is impossible to sit down coolly & composedly [to] books, when you are alarmed every minute by a report, "that the library is in danger or "that a mob is about collecting" or perhaps "that we are all to [be] fined & imprisoned & it may be, buffeted & scourged for our adherence to men on whom justice herself frowns;"- even when such reports are entitled to no credit whatever it takes sometime to hear them, & also some more to point out their absurdity so that much time on the whole is absolutely wasted.

[¶] Perhaps now, you will be concerned at my situation; & in truth I must say I am not altogether attached to it; but believe me, it does not prevent my pursueing with success my several studies. I have formed certain regular habits which I am determined to and can, retain; & have a system of regulations which nothing short of the burning of the College, or the tarring & feathering of some worthy but unlucky gentleman, can induce me to break for a minute. I am pursueing branches which the class know nothing about & with a relish & perserverance (rather modest to be sure) that I am quite certain not one of them possesses. Indeed I cannot help thinking that, if my health ... is continued & my attention to study is not interrupted, I may convince you all of the expediency of sending me to College. You may ask what has occurred which makes me talk and feel thus self complacently? I can only answer, it arises from comparing my own acquisitions and abilities to acquire, with those of others whom I know. I hope then you will give up the idea of interrupting my studies while at home, the next vacation, by engaging a school. Indeed I must protest against it; and have no doubt but that you will hear my protestation favourably.

Need I tell you "I wish to see you all and that at home? It is natural enough to suppose that my books should occupy in a great degree my thoughts, so that I could hardly, at some times, suffer them to wander to Cheb[acco], yet no single day has yet passed without my thinking of you and sighing for the moment of return. Since I began this letter I have absolutely become "home-sick" and if I should write or think much longer, I should be truely miserable. I look forward with something of eagerness to the commencement of vacation and to the pleasure I shall experience in revisiting the place to which I am yet most attached.

I have been thinking, David, of my future prospects in life; and have indulged in some most pleasing reveries; which, like a fine dream make me happy for the time because they put [me] in possession of every thing I wish for. I shall never be fitted for active life, and [also(?)] neither of the professions has any charms. By professions I mean those of law & physic [for I do not th]ink it quite right to talk of Divinity as a mere trade, or "craft whereby we have [our wealth (?)," and] as I have no thought of entering except as such I should choose to omit it in the account. I shall neve[r] be able to submit to the dull & tiresome routine of a "special pleader's life"; and Medicine has as little in it which interests me. The situation which I most envy is that of a professor in a College; and though I dare not hope to enjoy such an one, I am very certain it is almost the only place which would just suite my feelings. I have determined (that is if I have money) to study 3 or 4 years after I leave College if I live, even if I should after that think seriously of any profession. & what think you of a plan which has entered my head, of spending some years at a foreign University? -But more of this when I see you; & in the mean time be so good as to recollect that I have been here 7 weeks & have not once heard from home.

[¶] I fear you will wonder at my incurring extra expensf[e] by the purchase of books, but I must tell you I have an idea of doeing something more than to study Virgil or Webber's Mathematics. & shall make my College life expensive but it shall not be my fault if it is not very profitable. The money I brought from home defrayed my expenses to this place without encroaching on the 20 dol. bill. With this I settled with Mrs. Wardwell for room rent bought 4 cords wood at 17[(?)]s.C. per cord, & oil for lamps, so that I have little left, and have incurred considerable expense by the purchase of books. Do not however find fault with my s[pen]ding money; it is well expended, & I shall certainly make you know this at some time. My board will be perhaps 35 dollars, (the term is 15 weeks, and I include washing).

I have come to the determination to write at least once in a fortnight and I hope you will be willing to answer all my letters. I accustom myself to study till 1 oclock without experiencing any inconvenience and shall I hope look back with complacency on a well spent term.

I have no more to say at present, but send love to all & subscribe myself with affection

Your brother, Rufus Choate. ...

With Daniel Webster as its chief counsel the College, following defeat at thestate level, carried the legal battle for itsinstitutional existence to the SupremeCourt of the United States. The case wascalled in March of 1818, but the highCourt's opinion, invalidating the NewHampshire acts, was not announced untilthe following February.

Hanover March 25th 1819

Dear brother

I am partly to blame for not writing before, I confess; & perhaps even for this letter you must thank Washington. I recieved a sheet full from him last evening that reminded me of my promise & I have taken hold in earnest to fulfill it. I arrived here safely & have enjoyed my health tolerably well, very well. The stage overset once & pitched exactly on its broadside & for a moment I verily thought the driver alone would live to tell what befell us. Nobody however was hurt but the carriage was shattered to ruins.

[¶] People in Hanover you may easily enough conceive were all on fire with the news of the triumph of the College. When it reached here (before I came on) the bells were rung cannon fired bonfires lighted up & a thousand other unseemly demonstrations of joy exhibited not especially to the credit of the rabble that did it, or the great men that gave permission; but we are all still at present & Pres. Allen (as he is fool enough to call himself) is the only University man on the grou[n]d. Some 4 or 5 of their students have joined the College; one of them (Upham brother of him I have told you of) is my roommate. We have the buildings, although the difficulties are by nomeans settled. What prevents this I confess I know not; things will remain one year more as they now are; long before which time I am free.

[¶] I have [paid] the Prof, every cent & owe [no] man any thing, except for tuition. I have a scheme in my head to get some money before Commenceme[nt.] I must lose some time; but I do it to be more able to go to Cambridge after graduating. The 1st term ends in two months, at the end of which I propose to go to Randolph Academy & assist my friend Bush 2½ months & then visit you get some clothes & come back just before Commencement. You see I am willing to struggle for money; my object however is to smooth the way for a years study at Cambridge. Your arrangements with the Taylor will be governed accordingly.

Dr. Muss[e]y is well, his wife is in Massachusetts. I have taken several rides with the Dr. My obligations to him are beyond measure many & great. He has done more for me than I can ever for him but he has my best wishes. He delivers a course of chemycal lectures at Middlebury in June & his practise is gradually extending itself in the vicinity of this town. ...

In haste

Yours' & the whole families' Affectionately R. Choate. ...

Rufus Choate, 1819, lawyer, statesman,and one of Dartmouth's most celebratedgraduates. His undergraduate letters tohis brother foreshadow the character ofthe prominent man he was to become.

"Port-au-Prince, Market Place," an oil painting by Paul Sample '20, artist in residence, that won the $2000 Altman Award at the National Academy's 137 th show.